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of the general statutes is repealed and the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