Substitute House Bill No. 5083
          Substitute House Bill No. 5083

              PUBLIC ACT NO. 97-148


AN ACT CONCERNING COLLECTIVE BARGAINING RIGHTS AND
RETIREMENT BENEFITS OF  DEPUTY  SHERIFFS,  SPECIAL
DEPUTY SHERIFFS AND  OTHER  EMPLOYEES  OF THE HIGH
SHERIFFS.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section 1. Subsection  (b) of section 5-270 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (b)  "Employee"  means   any  employee  of  an
employer, whether or not in the classified service
of  the  employer,  except  elected  or  appointed
officials  OTHER  THAN  SPECIAL  DEPUTY  SHERIFFS,
board and commission members, managerial employees
and confidential employees.
    Sec. 2. Section  6-43  of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    In  case  of   riot   or  civil  commotion  or
reasonable apprehension thereof,  or when he deems
it necessary for  the  prevention or investigation
of crime, or  when needed for attendance at court,
the sheriff of  any  county  may  appoint  special
deputy  sheriffs  in  such  numbers  as  he  deems
necessary. Special deputy  sheriffs shall be sworn
to the faithful  performance  of their duties and,
having been so sworn, shall have all the powers of
the sheriff as  provided  by  law,  except  as  to
service  of  civil   process;   and  such  special
deputies shall continue  to  hold  their office as
long  as  the   term  of  office  of  the  sheriff
appointing them, unless  sooner  removed  for just
cause after due notice and hearing. [Special] FROM
JULY 1, 1997,  TO  JUNE  30,  1999, SPECIAL deputy
sheriffs shall [not]  be subject to the provisions
of [chapters 66  to  68,  inclusive]  CHAPTER  68,
EXCEPT THAT SAID  SPECIAL  DEPUTIES  SHALL  NOT BE
ALLOWED TO PETITION  THE STATE LABOR BOARD TO FORM
A BARGAINING UNIT  PRIOR  TO  JULY 1, 1999. ON AND
AFTER JULY 1,  1999, SPECIAL DEPUTY SHERIFFS SHALL
BE SUBJECT TO THE PROVISIONS OF CHAPTERS 66 TO 68,
INCLUSIVE.
    Sec. 3. Subsection  (b)  of  section 5-192v of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (b) No member reemployed under this section or
otherwise reentering state service shall receive a
retirement income during his reemployment or other
state  service except  (1)  if  his  services  are
rendered for not  more than ninety working days in
any one calendar  year,  provided  that any member
reemployed  for  a  period  of  more  than  ninety
working days in  one calendar year shall reimburse
the state retirement  fund  for  retirement income
payments received during such ninety working days;
[or] (2) if  his  services  are as a member of the
general assembly, his  retirement  income payments
shall   not  be   suspended;   OR   (3)   IF   HIS
PRERETIREMENT  SERVICES  WHICH   COUNTED   TOWARDS
RETIREMENT ARE OTHER  THAN  AS  A  SPECIAL  DEPUTY
SHERIFF PURSUANT TO  CHAPTER  78,  AND IF HIS POST
RETIREMENT  SERVICES  ARE   AS  A  SPECIAL  DEPUTY
SHERIFF  AND  HE  WAS  EMPLOYED  AS  SUCH  ON  THE
EFFECTIVE DATE OF THIS ACT.
    Sec. 4. Subsection  (c)  of  section 5-164a of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (c) No member reemployed under this section or
under section 5-164  or  elected  to  serve in the
General  Assembly or  otherwise  reentering  state
service shall receive  a  retirement income during
his reemployment or other state service except (1)
if his services  as  an  employee are rendered for
not more than  ninety  working  days  in  any  one
calendar year, provided that any member reemployed
for a period  of  more than ninety working days in
one  calendar  year   shall  reimburse  the  state
retirement  fund for  retirement  income  payments
received during such ninety working days; [or] (2)
if his services  are  as  a  member of the General
Assembly or as a sessional employee of the General
Assembly during the  regular  legislative session,
his  retirement  income   payments  shall  not  be
suspended; OR (3)  IF  HIS  PRERETIREMENT SERVICES
WHICH COUNTED TOWARDS RETIREMENT ARE OTHER THAN AS
A SPECIAL DEPUTY  SHERIFF  PURSUANT TO CHAPTER 78,
AND IF HIS  POST  RETIREMENT  SERVICES  ARE  AS  A
SPECIAL DEPUTY SHERIFF AND HE WAS EMPLOYED AS SUCH
ON THE EFFECTIVE DATE OF THIS ACT.
    Sec. 5. Section  5-198 of the general statutes
is amended by adding subsection (cc) as follows:
    (NEW) (cc) Special deputy sheriffs.
    Sec. 6. (NEW) Notwithstanding any provision of
chapter 66 of  the  general statutes, each special
deputy sheriff, appointed pursuant to section 6-43
of the general statutes before July 1, 1999, shall
become a member  of the state employees retirement
system on July  1,  1999, and vesting and credited
service shall be calculated from said date.
    Sec. 7. (NEW) Notwithstanding any provision of
chapter 66 of  the  general statutes, each special
deputy sheriff, appointed pursuant to section 6-43
of the general  statutes on or after July 1, 1999,
shall  become a  member  of  the  state  employees
retirement system on  the  date of his appointment
to office and  vesting  and credited service shall
be calculated from the date of his appointment.
    Sec. 8. This  act  shall  take  effect July 1,
1997, except that  sections  3  to  7,  inclusive,
shall take effect July 1, 1999.

Approved June 25, 1997