CHAPTER 11a
PENSION REVOCATION OR REDUCTION FOR PUBLIC
OFFICIALS AND STATE OR MUNICIPAL EMPLOYEES

Table of Contents

Sec. 1-110. Definitions.
Sec. 1-110a. Pension revocation or reduction for public officials and state or municipal employees convicted of crimes related to state or municipal office. Factors. Voluntary provision of information. Innocent spouse, dependents and beneficiaries. Notification to prosecutor. Severability of provisions.
Sec. 1-110b. Return of contributions. Exceptions. Qualified domestic relations orders. Effect on state or municipal government retirement plans.
Sec. 1-110c. Determination re effect on collective bargaining agreement.
Sec. 1-110d. Collective bargaining agreements and provisions re pension revocation or reduction.
Secs. 1-110e to 1-119.

      Sec. 1-110. Definitions. As used in sections 1-110 to 1-110d, inclusive:

      (1) "Public official" means public official, as defined in section 1-79, a judge of any court either elected or appointed, and any elected or appointed municipal official;

      (2) "State or municipal employee" means state employee, as defined in section 5-154, and includes an employee of any quasi-public agency, as defined in section 1-120, or any person, whether appointed or under contract, who provides services for a city, town or other political subdivision of the state for which a pension is provided; and

      (3) "Crime related to state or municipal office" means any of the following criminal offenses committed by a person while serving as a public official or state or municipal employee:

      (A) The committing, aiding or abetting of an embezzlement of public funds from the state, a municipality or a quasi-public agency;

      (B) The committing, aiding or abetting of any felonious theft from the state, a municipality or a quasi-public agency;

      (C) Bribery in connection with service as a public official or state or municipal employee; or

      (D) The committing of any felony by such person who, wilfully and with the intent to defraud, realizes or obtains, or attempts to realize or obtain, a profit, gain or advantage for himself or herself or for some other person, through the use or attempted use of the power, rights, privileges or duties of his or her position as a public official or state or municipal employee.

      (June 11 Sp. Sess. P.A. 08-3, S. 1.)

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      Sec. 1-110a. Pension revocation or reduction for public officials and state or municipal employees convicted of crimes related to state or municipal office. Factors. Voluntary provision of information. Innocent spouse, dependents and beneficiaries. Notification to prosecutor. Severability of provisions. (a) Notwithstanding any provision of the general statutes, on or after October 1, 2008, if any public official or state or municipal employee is convicted of or pleads guilty or nolo contendere to any crime related to state or municipal office in state criminal or federal criminal court, the Attorney General shall apply to the Superior Court for an order to revoke or reduce the pension of any kind to which such public official or state or municipal employee is otherwise entitled under the general statutes for service as a public official or state or municipal employee.

      (b) In determining whether the pension shall be revoked or reduced, the Superior Court shall consider and make findings on the following factors:

      (1) The severity of the crime related to state or municipal office for which the public official or state or municipal employee has been convicted or to which the public official or state or municipal employee has pled guilty or nolo contendere;

      (2) The amount of monetary loss suffered by the state, a municipality or a quasi-public agency or by any other person as a result of the crime related to state or municipal office;

      (3) The degree of public trust reposed in the public official or state or municipal employee by virtue of the person's position as a public official or state or municipal employee;

      (4) If the crime related to state or municipal office was part of a fraudulent scheme against the state or a municipality, the role of the public official or state or municipal employee in the fraudulent scheme against the state or a municipality; and

      (5) Any such other factors as, in the judgment of the Superior Court, justice may require.

      (c) If the court determines, or the Attorney General certifies, that a public official or state or municipal employee, who was convicted of or pled guilty or nolo contendere to a crime related to state or municipal office, voluntarily provided information to the Attorney General, the Auditors of Public Accounts or any state, federal or local law enforcement official concerning the commission of such crime related to state or municipal office by another public official or state or municipal employee who had a greater degree of culpability for such crime than the public official or state or municipal employee providing such information, the court shall not reduce or revoke the pension of such public official or state or municipal employee, provided such public official or state or municipal employee voluntarily provided such information prior to learning of a criminal investigation into such crime related to state or municipal office.

      (d) If the Superior Court determines that the pension of a public official or state or municipal employee should be reduced, it may, after taking into consideration the financial needs and resources of any innocent spouse, dependents and designated beneficiaries of the public official or state or municipal employee, order that some or all of the reduced pension be paid to any such innocent spouse, dependent or beneficiary as justice may require.

      (e) If the Superior Court determines that the pension of such public official or state or municipal employee should not be revoked or reduced, it shall order that the retirement or other benefit or payment be made to such public official or state or municipal employee.

      (f) In all criminal proceedings in state or federal court in which the defendant is a public official or a state or municipal employee who is charged with a crime related to state or municipal office, the Attorney General shall notify the prosecutor of the existence of the pension revocation statute and the possibility that any fine, restitution or other monetary order made by the court may be paid from such official's or employee's pension.

      (g) If any provision, clause or phrase of this section or of any order or any action of the Attorney General hereunder is adjudged by any court of competent jurisdiction to be invalid, or if the applicability thereof to any person or circumstance is held invalid, such judgment shall not invalidate the remainder of this section or such order or action, and the applicability thereof to other persons and circumstances shall not be affected thereby.

      (June 11 Sp. Sess. P.A. 08-3, S. 2.)

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      Sec. 1-110b. Return of contributions. Exceptions. Qualified domestic relations orders. Effect on state or municipal government retirement plans. (a) Any public official or state or municipal employee whose pension is revoked pursuant to section 1-110a shall be entitled to a return of his or her contribution paid into the relevant pension fund, without interest.

      (b) Notwithstanding the provisions of subsection (a) of this section, no payments in return of contributions shall be made or ordered unless and until the Superior Court determines that the public official or state or municipal employee whose pension has been revoked pursuant to section 1-110a has satisfied in full any judgments or orders rendered by any court of competent jurisdiction for the payment of restitution to the state or a municipality for losses incurred as a result of the crime related to state or municipal office. If the Superior Court determines that the public official or state or municipal employee whose pension has been revoked under section 1-110a has failed to satisfy any outstanding judgment or order of restitution rendered by any court of competent jurisdiction, it may order that any funds otherwise due to such public official or state or municipal employee as a return of contribution, or any portion thereof, be paid in satisfaction of the judgment or order.

      (c) No provision of section 1-110a or this section shall be construed to prohibit or limit any payment made pursuant to a qualified domestic relations order issued prior to any such conviction or plea by: (1) Any public official or state or municipal employee who is convicted of or pleads guilty or nolo contendere to any crime related to state or municipal office; or (2) any state or municipal agency responsible for the administration of such payment on behalf of such public official or state or municipal employee.

      (d) Notwithstanding the provisions of section 1-110a, no pension shall be reduced or revoked if the Internal Revenue Service determines that such reduction or revocation will negatively affect or invalidate the status of the state's government retirement plans or a municipality's government retirement plans under Section 401(a) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended.

      (June 11 Sp. Sess. P.A. 08-3, S. 3.)

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      Sec. 1-110c. Determination re effect on collective bargaining agreement. If the Superior Court determines that the revocation of the pension of a state or municipal employee pursuant to section 1-110a constitutes the unilateral breach of a collective bargaining agreement, the Superior Court shall not issue an order for the revocation of such pension. Upon such determination, the Superior Court may issue an order for the reduction of such pension provided any such reduction ordered by the Superior Court shall not exceed the amount necessary to satisfy any fine, restitution or other monetary order made by the criminal court in addition to the amount necessary to pay the cost of such state or municipal employee's incarceration, as determined pursuant to section 18-85a.

      (June 11 Sp. Sess. P.A. 08-3, S. 4.)

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      Sec. 1-110d. Collective bargaining agreements and provisions re pension revocation or reduction. No collective bargaining agreement entered into on or after October 1, 2008, shall contain any provision that limits the application of the provisions of section 1-110a to any state or municipal employee.

      (June 11 Sp. Sess. P.A. 08-3, S. 5.)

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      Secs. 1-110e to 1-119. Reserved for future use.

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