House Bill No. 6909
               House Bill No. 6909

              PUBLIC ACT NO. 97-301


AN ACT MAKING MINOR AND TECHNICAL CORRECTIONS WITH
RESPECT  TO  THE   TEACHERS'   RETIREMENT  SYSTEM,
AUTHORIZING THE WAIVER  OF  THE  BASIC  SURVIVOR'S
MONTHLY BENEFIT AND  ELIMINATING  THE LIMIT ON THE
NUMBER  OF YEARS  THAT  A  MEMBER  OF  THE  SYSTEM
ELECTED TO A  POSITION  IN  A TEACHERS' BARGAINING
ORGANIZATION  MAY  CONTINUE   MEMBERSHIP   IN  THE
SYSTEM.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section 1. Subsection  (b)  of section 10-183e
of  the  general  statutes  is  repealed  and  the
following is substituted in lieu thereof:
    (b) Any member  may  purchase,  as provided in
subsection  (c)  of   this   section,   additional
credited service, but  not  to exceed an aggregate
of one year  in  the  case of service described in
subdivision (2) of  this  subsection  for each two
years of active full-time service as a Connecticut
teacher; and not  to  exceed  an  aggregate of one
year  in  the   case   of   absence  described  in
subdivision (8) of  this  subsection for each five
years of active full-time service as a Connecticut
teacher,  provided if  any  such  absence  exceeds
thirty consecutive school  months, such additional
credited service shall be limited to thirty school
months; and not  to  exceed  an  aggregate  of ten
years   for  all   service   described   in   this
subsection. In no  event, however, may any service
described in this  subsection  be purchased if the
member  is  receiving   or  is,  or  will  become,
entitled to receive  a  retirement  benefit  based
upon such service  from  any  governmental  system
other than the  teachers' retirement system or the
federal   Social   Security   System.   Additional
credited service includes:
    (1) Service as  a  teacher  in  a  school  for
military  dependents  established  by  the  United
States Department of Defense;
    (2) Service as  a  teacher in another state of
the United States, its territories or possessions;
    (3) Service in  the armed forces of the United
States in time  of  war,  as  defined  in  section
27-103, or service in said armed forces during the
period  beginning October  27,  1953,  and  ending
January 31, 1955;
    (4) Service in  a permanent full-time position
for the state;
    (5) Service as  a teacher at The University of
Connecticut prior to July 1, 1965;
    (6) Service as a teacher at the Wheeler School
and Library, North  Stonington, prior to September
1, 1949;
    (7) Service as  a teacher at the Gilbert Home,
Winsted, prior to September 1, 1948;
    (8) Any formal leave of absence as provided in
regulations adopted by  the  board,  if the member
subsequently returns to  service  for at least one
school year;
    (9)  Service as  a  teacher  at  the  American
School at Hartford  for  the Deaf, the Connecticut
Institute  for  the   Blind   or   the   Newington
Children's Hospital;
    (10)  Forty or  more  days  of  service  as  a
substitute  teacher  in  a  single  public  school
system within the  state  of  Connecticut  in  any
school year, provided  twenty days of such service
shall equal one  month  of  credited service under
subsection (a) of this section;
    (11) Service in the armed forces of the United
States,   other   than    service   described   in
subdivision (3) of  this subsection, not to exceed
thirty months;
    (12) Service as  [an]  A  FULL-TIME, SALARIED,
elected official of  the  state  or  any political
subdivision of the  state during the 1978 calendar
year or thereafter,  if  such  member subsequently
returns to service for at least one school year;
    (13)  Service  in   the   public   schools  of
Connecticut as a  member  of  the  federal Teacher
Corps, not to exceed two years; and
    (14) Service in the United States Peace Corps.
    Sec.  2.  Section   10-183f   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) A member  is  eligible to receive a normal
retirement benefit who  (1) has attained age sixty
and  has  accumulated  twenty  years  of  credited
service in the  public  schools  of Connecticut or
(2)  has attained  any  age  and  has  accumulated
thirty-five years of  credited  service,  at least
twenty-five years of  which  are  service  in  the
public schools of Connecticut.
    (b)  A  member   is   eligible  to  receive  a
proratable retirement benefit who has attained age
sixty and has  accumulated  at  least ten years of
credited service. [,  of which the last five years
immediately preceding application  for  retirement
is service in the public schools of Connecticut.]
    (c) A member  is  eligible to receive an early
retirement benefit who has accumulated twenty-five
years of credited service at least twenty years of
which  are  service   in  the  public  schools  of
Connecticut,  [the  last   five   of   which   are
consecutive,]  or who  has  attained  the  age  of
fifty-five and has  accumulated  at  least  twenty
years of credited  service,  at  least  fifteen of
which  are  service   in  the  public  schools  of
Connecticut.  [,  the   last  five  of  which  are
consecutive.]
    (d) A member is eligible to receive a deferred
vested retirement benefit  beginning  at age sixty
who: (1) Has  accumulated  ten  years  of credited
service in the  public  schools of Connecticut; [,
the last five  of  which are consecutive;] and (2)
terminates service before  becoming  eligible  for
any other retirement  benefit;  and (3) leaves his
or her accumulated  contributions with the system.
If such ten years of credited service is completed
after the member  attains  age  sixty, the benefit
shall be payable beginning at age sixty-five.
    (e) Repealed by P.A. 79-541, S. 5, 6.
    (f) The survivors  of  a  member  who dies (1)
while  in  service   in   the  public  schools  of
Connecticut,   (2)   within   two   months   after
withdrawal from such  service  and  prior  to  the
effective date of  such member's retirement or (3)
while receiving a disability benefit under section
10-183aa,  shall  receive   survivors'   benefits,
except  that,  if  a  member  who  has  elected  a
coparticipant option, under  section 10-183j, dies
after   such  option   becomes   effective,   such
coparticipant option shall  be given effect and no
survivors' benefits shall  be  payable. Before any
survivors'  benefits are  paid,  the  board  shall
receive such applications  and other documents and
information as it deems necessary.
    Sec. 3. Subsection  (c)  of section 10-183l of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (c) In carrying  out its duties, the board may
employ a secretary  and  such  clerical  and other
assistance as may  be  necessary.  Their  salaries
shall be paid  by  said board with the approval of
the  Secretary  of   the   Office  of  Policy  and
Management. Said board  shall  employ the services
of one or  more  actuaries, each of which shall be
an individual or firm having on its staff a fellow
of the society  of  actuaries,  to  carry  out the
actuarial  duties of  this  section  and  sections
10-183b, 10-183r, and 10-183z and for such related
purposes as the board deems advisable. The cost of
such  services  shall  be  charged  to  the  funds
provided for in  section 10-183r. Said board shall
arrange for such  actuary  to prepare an actuarial
valuation of the  assets  and  liabilities  of the
system as of  June  30,  1980,  and  at least once
every  two  years  thereafter.  On  the  basis  of
reasonable actuarial assumptions  approved  by the
board, such actuary  shall  determine  the  normal
cost  required  to  meet  the  actuarial  cost  of
current   service   and   the   unfunded   accrued
liability.  Said  board  shall  adopt  all  needed
actuarial tables and  may  adopt  regulations  and
rules   not  inconsistent   with   this   chapter,
including regulations and  rules  for  payment  of
purchased  service  credits   and   repayment   of
previously  withdrawn  accumulated  contributions.
Said  board shall  establish  such  funds  as  are
necessary for the  management  of  the system. THE
BOARD MAY ENTER  INTO SUCH CONTRACTUAL AGREEMENTS,
IN ACCORDANCE WITH  ESTABLISHED PROCEDURES, AS MAY
BE NECESSARY FOR THE DISCHARGE OF ITS DUTIES.
    Sec. 4. Subsections  (g)  and  (h)  of section
10-183v of the  general  statutes are repealed and
the following is substituted in lieu thereof:
    (g)  Any  former   teacher   reemployed  under
subsection (b) of  this  section  may  elect  upon
completion of not  less than six months continuous
service to make  contributions  to the system from
such  date.  The   employer   of   such   electing
reemployed  teacher shall  thereafter  treat  such
teacher with respect  to  the  system  in the same
manner as any  other  member  of the system except
that such employer shall deduct only [five-sixths]
SIX-SEVENTHS of the  amount that would be deducted
from the salaries of other members.
    (h) Any reemployed  teacher  electing  to make
contributions to the  system  under subsection (g)
of  this  section   may   also   elect  to  obtain
retirement credit for  service  during  the period
from the beginning  of reemployment to the date of
such election by contributing to the system within
six months of the date on which such teacher makes
such election under  said  subsection  (g), [five]
SIX per cent  of  the  salary  paid  such  teacher
during such period together with credited interest
from the time  such  salary  was  paid  until such
contribution is made to the system.
    Sec.  5.  Section   10-183ee  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a)  After at  least  twenty-five  years  have
elapsed since a member of the teachers' retirement
system ceased to  be a teacher for any cause other
than death or  retirement or [five] TWO years have
elapsed from the  date  any  other  person  became
entitled to a  benefit  pursuant  to this chapter,
the  Teachers'  Retirement   Board  shall  send  a
statement to such  member  or  such  person at the
last known address of the person setting forth the
amount of the  accumulated  contributions or other
benefits standing to  the  credit  of such person.
The statement shall  give  notice  to  such person
that unless payment  is  demanded  of  said amount
prior to a date at least ninety days from the date
the notice is  given,  the  amount  will be deemed
abandoned  and  will   be   transferred   by   the
retirement board to  the  pension  reserve account
within the Teachers' Retirement Fund.
    (b)  Any accumulated  contributions  or  other
benefits so deemed  abandoned  and  transferred to
the pension reserve  account may be claimed by the
person entitled to  the  accumulated contributions
or other benefits,  or  in the event of his death,
by his estate  or  by such person or persons as he
shall have nominated  to  receive such accumulated
contributions,  by  filing   a   claim   with  the
retirement board in  such  form and in such manner
as may be  prescribed  by  the  retirement  board,
seeking the return  of  such abandoned accumulated
contributions or other  benefits without interest.
In the event  such  claim  is  properly  made  the
retirement board shall  pay  over to the person or
persons or estate  making such claim the amount of
such accumulated contributions  or  other benefits
without interest. The  payment  shall be made from
the pension reserve account.
    Sec.  6.  Section   10-183ff  of  the  general
statutes is amended  by adding subsections (d) and
(e) as follows:
    (NEW)   (d)  Upon   determination   that   the
Teachers' Retirement Board  has  invoiced a member
for the purchase of additional credited service in
an amount in  excess of that permitted by law, and
such member has  paid  the  invoiced  amount,  the
amount of the  overpayment  shall  be  refunded to
such member with  interest  at a rate equal to the
average of interest  rates  for  the  most  recent
ten-year period from  the  date  of  the  member's
retirement to the date such amount is refunded.
    (NEW) (e) Upon determination that a member has
not purchased additional  credited  service  which
was invoiced to him in an amount in excess of that
permitted by law,  such  member shall be given the
opportunity at any  time  to make such purchase by
the payment of  the proper amount with interest to
the  date  of   payment.  The  additional  benefit
resulting from the  credited  service so purchased
shall be made  retroactive  to  the  date  of  the
member's retirement, and  the  aggregate amount of
such  additional benefit  shall  be  paid  to  the
member in a  single payment together with interest
calculated at a  rate  equal  to  the  average  of
interest rates for the most recent ten-year period
from the date  each  payment  was  due to the date
such payment is made.
    Sec.  7.  Section   10-183mm  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    Any member of  the teachers' retirement system
elected to serve  as  [an]  A FULL-TIME, SALARIED,
official of the state or any political subdivision
of the state  during  the  1988  calendar  year or
thereafter  may  elect,  during  the  time  he  so
serves, but no  longer than ten years, to continue
his membership in  said  system.  Any  such member
shall  continue  to  make  contributions  to  said
system and shall  be  ineligible for membership in
any other state  or  municipal  retirement  system
during such time.
    Sec. 8. Subsection  (g)  of section 10-183e of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (g) Any member  who  has  been  elected  to  a
full-time OR PART-TIME position in an organization
which has been  duly  designated  as the teachers'
representative  or  who  has  been  elected  to  a
full-time OR PART-TIME position in the state-wide,
national or international  bargaining organization
with which the  local  bargaining  organization is
affiliated,  under  the   provisions   of  section
10-153b, may, during  the  time he so serves, [but
no  longer  than   eight   years,]   continue  his
membership and may  make,  or  have  made for him,
payments  of  his  contributions  for  such  time,
provided  the  organization   which  such  teacher
represents shall pay  the full actuarial cost that
would otherwise be  incurred  by the state for the
time such teacher serves in excess of one year. If
payment is made during such periods or at any time
before  retirement,  such   member  shall  receive
credit for such service and shall be considered as
serving as a  public  school  teacher in the state
for the purpose  of  computing  length of service,
and for the  purpose  of  computing average annual
salary, and shall  be considered by the retirement
board as though  he  were  remaining in his latest
teaching position.
    Sec. 9. Subsection  (a)  of section 10-183h of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a)  The  basic  survivor's  monthly  benefit,
subject  to  a   family  maximum  of  six  hundred
dollars, shall be  (1)  three hundred dollars each
for a surviving  spouse;  for  a  dependent former
spouse; for a  dependent  parent  if  there  is no
surviving spouse or  dependent  child;  and  for a
legal guardian of  any dependent child if there is
no surviving spouse,  dependent  former  spouse or
dependent parent, and  (2) two hundred dollars for
a dependent child  or  if  more  than one child is
eligible,  a  total   of   three  hundred  dollars
allocated in equal  shares. In applying the family
maximum, the benefit  shall  be first allocated to
the child or  children,  with the excess allocated
to the surviving  spouse  and any dependent former
spouse. Payment of  the  benefit shall commence on
the last day  of  the month following the month of
the member's death.  Such  benefit  shall continue
through the month preceding the month in which the
survivor dies or  ceases  to  be eligible for such
benefit. Such benefit  to  the  legal  guardian of
dependent children shall  continue  until all such
children are no  longer  dependent,  as defined in
section 10-183b. NOTWITHSTANDING THE PROVISIONS OF
THIS  SUBSECTION,  ANY   SUCH   SURVIVING  SPOUSE,
DEPENDENT FORMER SPOUSE, DEPENDENT PARENT OR LEGAL
GUARDIAN MAY WAIVE  THE  RIGHT  TO  PAYMENT OF THE
BENEFIT UNDER THIS  SUBSECTION  IN  ORDER  THAT  A
DESIGNATED BENEFICIARY WHO  IS  THE  CHILD  OF THE
DECEASED   MEMBER  MAY   RECEIVE   SUCH   MEMBER'S
ACCUMULATED CONTRIBUTIONS PLUS  CREDITED INTEREST.
SUCH WAIVER SHALL  BE MADE PRIOR TO THE PAYMENT OF
THE  BENEFIT  TO   ANY   SUCH   SURVIVING  SPOUSE,
DEPENDENT FORMER SPOUSE, DEPENDENT PARENT OR LEGAL
GUARDIAN.
    Sec. 10. This  act  shall take effect from its
passage, except sections  2 to 6, inclusive, shall
take effect September 1, 1997.

Approved July 8, 1997