Substitute Senate Bill No. 54
Substitute Senate Bill No. 54
PUBLIC ACT NO. 98-197
AN ACT CONCERNING THE NUMBER OF JUDGES, THE
SALARIES OF JUDGES AND FAMILY SUPPORT MAGISTRATES
AND THE RETIREMENT BENEFITS OF JUDGES,
COMPENSATION COMMISSIONERS AND PROSECUTORS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Subsection (a) of section 51-165 of
the general statutes, as amended by section 8 of
public act 97-257, is repealed and the following
is substituted in lieu thereof:
(a) (1) On and after [January] JULY 1, 1998,
the Superior Court shall consist of one hundred
[seventy-seven] EIGHTY-ONE judges, including the
judges of the Supreme Court and the Appellate
Court, who shall be appointed by the General
Assembly upon nomination of the Governor.
(2) ON AND AFTER OCTOBER 1, 1998, THE SUPERIOR
COURT SHALL CONSIST OF ONE HUNDRED EIGHTY-THREE
JUDGES, INCLUDING THE JUDGES OF THE SUPREME COURT
AND THE APPELLATE COURT, WHO SHALL BE APPOINTED BY
THE GENERAL ASSEMBLY UPON NOMINATION OF THE
GOVERNOR.
(3) ON AND AFTER JANUARY 1, 1999, THE SUPERIOR
COURT SHALL CONSIST OF ONE HUNDRED EIGHTY-SIX
JUDGES, INCLUDING THE JUDGES OF THE SUPREME COURT
AND THE APPELLATE COURT, WHO SHALL BE APPOINTED BY
THE GENERAL ASSEMBLY UPON NOMINATION OF THE
GOVERNOR.
(4) ON AND AFTER OCTOBER 1, 1999, THE SUPERIOR
COURT SHALL CONSIST OF ONE HUNDRED NINETY-ONE
JUDGES, INCLUDING THE JUDGES OF THE SUPREME COURT
AND THE APPELLATE COURT, WHO SHALL BE APPOINTED BY
THE GENERAL ASSEMBLY UPON NOMINATION OF THE
GOVERNOR.
(5) ON AND AFTER OCTOBER 1, 2000, THE SUPERIOR
COURT SHALL CONSIST OF ONE HUNDRED NINETY-SIX
JUDGES, INCLUDING THE JUDGES OF THE SUPREME COURT
AND THE APPELLATE COURT, WHO SHALL BE APPOINTED BY
THE GENERAL ASSEMBLY UPON NOMINATION OF THE
GOVERNOR.
Sec. 2. Subsection (a) of section 51-47 of the
general statutes, as amended by section 4 of
public act 97-1 of the July 21 special session, is
repealed and the following is substituted in lieu
thereof:
(a) The judges of the Superior Court, judges
of the Appellate Court and judges of the Supreme
Court shall receive annually salaries as follows:
[(1) On and after July 1, 1996, (A) the Chief
Justice of the Supreme Court, one hundred
twenty-three thousand five hundred seventy-six
dollars; (B) the Chief Court Administrator if he
is a judge of the Supreme Court, Appellate Court
or Superior Court, one hundred eighteen thousand
sixty-eight dollars; (C) each associate judge of
the Supreme Court, one hundred thirteen thousand
forty-two dollars; (D) the Chief Judge of the
Appellate Court, one hundred eleven thousand six
hundred dollars; (E) each judge of the Appellate
Court, one hundred five thousand one hundred
eleven dollars; (F) the Deputy Chief Court
Administrator if he is a judge of the Superior
Court, one hundred two thousand eight hundred
seventy-seven dollars; and (G) each judge of the
Superior Court, one hundred thousand four hundred
eleven dollars.
(2)] (1) On and after October 1, 1997, (A) the
Chief Justice of the Supreme Court, one hundred
twenty-six thousand forty-eight dollars; (B) the
Chief Court Administrator if he is a judge of the
Supreme Court, Appellate Court or Superior Court,
one hundred twenty thousand four hundred thirty
dollars; (C) each associate judge of the Supreme
Court, one hundred fifteen thousand three hundred
three dollars; (D) the Chief Judge of the
Appellate Court, one hundred thirteen thousand
eight hundred thirty-two dollars; (E) each judge
of the Appellate Court, one hundred seven thousand
two hundred fourteen dollars; (F) the Deputy Chief
Court Administrator if he is a judge of the
Superior Court, one hundred four thousand nine
hundred thirty-five dollars; and (G) each judge of
the Superior Court, one hundred two thousand four
hundred twenty dollars.
[(3)] (2) On and after October 1, 1998, (A)
the Chief Justice of the Supreme Court, one
hundred twenty-eight thousand five hundred
sixty-nine dollars; (B) the Chief Court
Administrator if he is a judge of the Supreme
Court, Appellate Court or Superior Court, one
hundred twenty-two thousand eight hundred
thirty-nine dollars; (C) each associate judge of
the Supreme Court, one hundred seventeen thousand
six hundred ten dollars; (D) the Chief Judge of
the Appellate Court, one hundred sixteen thousand
one hundred nine dollars; (E) each judge of the
Appellate Court, one hundred nine thousand three
hundred fifty-nine dollars; (F) the Deputy Chief
Court Administrator if he is a judge of the
Superior Court, one hundred seven thousand
thirty-four dollars; and (G) each judge of the
Superior Court, one hundred four thousand four
hundred sixty-nine dollars.
(3) ON AND AFTER OCTOBER 1, 1999, (A) THE
CHIEF JUSTICE OF THE SUPREME COURT, ONE HUNDRED
THIRTY-ONE THOUSAND ONE HUNDRED FORTY DOLLARS; (B)
THE CHIEF COURT ADMINISTRATOR IF HE IS A JUDGE OF
THE SUPREME COURT, APPELLATE COURT OR SUPERIOR
COURT, ONE HUNDRED TWENTY-FIVE THOUSAND TWO
HUNDRED NINETY-SIX DOLLARS; (C) EACH ASSOCIATE
JUDGE OF THE SUPREME COURT, ONE HUNDRED NINETEEN
THOUSAND NINE HUNDRED SIXTY-TWO DOLLARS; (D) THE
CHIEF JUDGE OF THE APPELLATE COURT, ONE HUNDRED
EIGHTEEN THOUSAND FOUR HUNDRED THIRTY-ONE DOLLARS;
(E) EACH JUDGE OF THE APPELLATE COURT, ONE HUNDRED
ELEVEN THOUSAND FIVE HUNDRED FORTY-SIX DOLLARS;
(F) THE DEPUTY CHIEF COURT ADMINISTRATOR IF HE IS
A JUDGE OF THE SUPERIOR COURT, ONE HUNDRED NINE
THOUSAND ONE HUNDRED SEVENTY-FIVE DOLLARS; AND (G)
EACH JUDGE OF THE SUPERIOR COURT, ONE HUNDRED SIX
THOUSAND FIVE HUNDRED FIFTY-EIGHT DOLLARS.
Sec. 3. Subsection (h) of section 46b-231 of
the general statutes, as amended by section 108 of
public act 97-2 of the June 18 special session, is
repealed and the following is substituted in lieu
thereof:
(h) [(1) On and after July 1, 1996, the Chief
Family Support Magistrate shall receive a salary
of seventy-seven thousand two hundred twenty-four
dollars, and other family support magistrates
shall receive an annual salary of seventy-two
thousand four hundred twenty-nine dollars.
(2)] (1) On and after October 1, 1997, the
Chief Family Support Magistrate shall receive a
salary of seventy-eight thousand seven hundred
sixty-nine dollars, and other family support
magistrates shall receive an annual salary of
seventy-three thousand eight hundred seventy-eight
dollars.
[(3)] (2) On and after October 1, 1998, the
Chief Family Support Magistrate shall receive a
salary of eighty thousand three hundred forty-five
dollars, and other family support magistrates
shall receive an annual salary of seventy-five
thousand three hundred fifty-six dollars.
(3) ON AND AFTER OCTOBER 1, 1999, THE CHIEF
FAMILY SUPPORT MAGISTRATE SHALL RECEIVE A SALARY
OF EIGHTY-ONE THOUSAND NINE HUNDRED FIFTY-TWO
DOLLARS, AND OTHER FAMILY SUPPORT MAGISTRATES
SHALL RECEIVE AN ANNUAL SALARY OF SEVENTY-SIX
THOUSAND EIGHT HUNDRED SIXTY-THREE DOLLARS.
Sec. 4. Section 51-49h of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) Any judge of the Superior Court, the
Appellate Court or the Supreme Court who first
commenced service as a judge prior to January 1,
1981, may elect to receive the retirement salary
provided under subsection (b) of section 51-50.
The surviving spouse of a deceased judge who has
made an election under this section shall receive
the allowances provided under subsection (b) of
section 51-51.
(b) Any such judge, [or] any family support
magistrate OR ANY COMPENSATION COMMISSIONER who is
a veteran may receive credit for retirement
purposes for military service, if such judge, [or]
family support magistrate OR COMPENSATION
COMMISSIONER makes retirement contributions for
each month of military service equal to
one-twelfth of five per cent of his first year's
salary as a judge or family support magistrate
multiplied by the total number of months of such
military service, except that (1) no retirement
contribution shall be made for service as a
prisoner of war, and (2) no credit shall be
allowed for military service to any such judge,
[or] family support magistrate OR COMPENSATION
COMMISSIONER who has served less than ten years as
a judge, [or] family support magistrate OR
COMPENSATION COMMISSIONER, nor for more than fifty
per cent of such military service or three years,
whichever is less. Service credit for military
service for retirement purposes other than service
as a prisoner of war shall not be granted until
payment of contributions is completed. Any
application for military service credit under this
section for service as a prisoner of war shall be
accompanied by sufficient proof from the Veterans'
Administration of the United States that such
judge or family support magistrate is a former
prisoner of war.
(c) For purposes of this section: (1) "Armed
forces" means the United States Army, Navy, Marine
Corps, Coast Guard and Air Force; (2) "veteran"
means any person honorably discharged from, or
released under honorable conditions from active
service in, the armed forces; (3) "military
service" shall be service during World War II,
December 7, 1941, to December 31, 1946; the Korean
hostilities, June 27, 1950, to October 27, 1953;
and the Vietnam era, January 1, 1964, to July 1,
1975, and shall include service as a prisoner of
war.
Sec. 5. Section 51-50a of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) (1) The right of any judge, family support
magistrate or compensation commissioner to a
retirement salary in accordance with the
provisions of this section shall vest and be
nonforfeitable when the judge, family support
magistrate or commissioner has attained the age of
sixty-five years, or has served twenty years as a
judge, family support magistrate or compensation
commissioner or has thirty years of state service
credit under the provisions of chapter 66,
provided not less than ten years of such state
service was served as a judge, family support
magistrate or compensation commissioner, and
provided such state service shall not be used for
retirement credit under chapter 66. Any
contributions made under chapter 66 shall be
transferred to the Judges, Family Support
Magistrates and Compensation Commissioners
Retirement Fund. (2) Any judge, family support
magistrate or compensation commissioner who has
been refunded contributions from the state
employees retirement fund for any prior period of
state service may receive credit for such service
upon repayment of such refunded contributions with
interest thereon at the rate of five per cent per
year from the date of refund to the date of
payment. The amount of such payment shall be
transferred to the judges, family support
magistrates and compensation commissioners
retirement system. A judge, family support
magistrate or commissioner may elect to retire at
any time thereafter. (3) NOTWITHSTANDING ANY
PROVISION OF THE GENERAL STATUTES, ANY JUDGE WHO
HAS SERVED FOR AT LEAST SIXTEEN YEARS AS A JUDGE
AND WAS NOMINATED BY THE GOVERNOR FOR A SUBSEQUENT
TERM BUT WAS NOT REAPPOINTED AND WHO HAS ATTAINED
SIXTY-THREE YEARS OF AGE, SHALL BE ELIGIBLE TO
RECEIVE A RETIREMENT SALARY EFFECTIVE UPON THE
EXPIRATION OF HIS TERM AS A JUDGE. THE RETIREMENT
SALARY SHALL BE IN THE AMOUNT EQUAL TO THE
FRACTION OF THE RETIREMENT SALARY SUCH JUDGE WOULD
HAVE RECEIVED HAD HE SERVED UNTIL HE WAS ELIGIBLE
TO RETIRE WHICH CORRESPONDS TO THE RATIO WHICH THE
NUMBER OF YEARS OF HIS COMPLETED SERVICE BEARS TO
THE NUMBER OF YEARS OF SERVICE WHICH WOULD HAVE
BEEN COMPLETED AT AGE SIXTY-FIVE OR TWENTY YEARS,
WHICHEVER IS LESS.
(b) Each justice or judge or family support
magistrate who retired while holding judicial
office shall receive annually as retirement salary
an amount in accordance with the provisions of
section 51-50; and each compensation commissioner
who first commenced service as a compensation
commissioner prior to January 1, 1981, shall
receive, annually, as retirement salary,
two-thirds of the salary of a compensation
commissioner, and each compensation commissioner
who first commenced service as a compensation
commissioner on or after January 1, 1981, shall
receive, annually, as retirement salary,
two-thirds of the salary the compensation
commissioner was receiving at the time of his or
her retirement; except that, if a judge, family
support magistrate or commissioner has served
fewer than ten years at the time of his retirement
under this section, his retirement salary shall be
reduced in the ratio which the number of years of
his completed service bears to the number of years
of service which would have been completed at age
seventy, or ten years, whichever is less.
Sec. 6. Subsection (b) of section 51-278 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) (1) (A) The Criminal Justice Commission
shall appoint two deputy chief state's attorneys
as assistant administrative heads of the Division
of Criminal Justice, one of whom shall be deputy
chief state's attorney for operations and one of
whom shall be deputy chief state's attorney for
personnel, finance and administration, who shall
assist the Chief State's Attorney in his duties.
The term of office of a deputy chief state's
attorney shall be four years from July first in
the year of appointment and until the appointment
and qualification of a successor unless sooner
removed by the Criminal Justice Commission. The
Criminal Justice Commission shall designate one
deputy chief state's attorney who shall, in the
absence or disqualification of the Chief State's
Attorney, exercise the powers and duties of the
Chief State's Attorney until such Chief State's
Attorney resumes his duties. For the purposes of
this subparagraph, [(A),] the Criminal Justice
Commission means the members of the commission
other than the Chief State's Attorney. (B) The
Criminal Justice Commission shall appoint a
state's attorney for each judicial district, who
shall act therein as attorney in behalf of the
state. The Criminal Justice Commission shall also
appoint, from candidates recommended by the
appropriate state's attorney and deemed qualified
by the commission, as many assistant state's
attorneys and deputy assistant state's attorneys
on a full-time or part-time basis for each
judicial district as the criminal business of the
court, in the opinion of the Chief State's
Attorney, may require, and the commission shall
also appoint, from candidates recommended by the
Chief State's Attorney and deemed qualified by the
commission, as many assistant state's attorneys
and deputy assistant state's attorneys as are
necessary, in the opinion of the Chief State's
Attorney, to assist the Chief State's Attorney.
Assistant state's attorneys and deputy assistant
state's attorneys, respectively, shall assist the
state's attorneys for the judicial districts and
the Chief State's Attorney in all criminal matters
and, in the absence from the district or
disability of the state's attorney or at his
request, shall have and exercise all the powers
and perform all the duties of state's attorney. At
least three such assistant state's attorneys or
deputy assistant state's attorneys shall be
designated by the Chief State's Attorney to handle
all prosecutions in the state of housing matters
deemed to be criminal. Any assistant or deputy
assistant state's attorney so designated should
have a commitment to the maintenance of decent,
safe and sanitary housing and, to the extent
practicable, shall handle housing matters on a
full-time basis. At least one assistant state's
attorney shall be designated by the Chief State's
Attorney to handle all prosecutions in the state
of environmental matters deemed to be criminal.
Any assistant state's attorney so designated
should have a commitment to protecting the
environment and, to the extent practicable, shall
handle environmental matters on a full-time basis.
(C) The Chief State's Attorney may promote any
assistant state's attorney, or deputy assistant
state's attorney who assists him, and the
appropriate state's attorney may promote any
assistant state's attorney or deputy assistant
state's attorney who assists such state's attorney
in the judicial district.
(2) On and after July 1, 1985, the Chief
State's Attorney, deputy chief state's attorneys,
state's attorneys, assistant state's attorneys and
deputy assistant state's attorneys shall receive
salaries in accordance with a compensation plan
approved by the Department of Administrative
Services.
(3) Each state's attorney who, on June 30,
1973, was included in the provisions of sections
51-49, 51-287 and 51-288 may elect to continue to
be so included and, each state's attorney,
incumbent on July 1, 1978, who was an assistant
state's attorney, chief prosecuting attorney or
deputy chief prosecuting attorney on June 30,
1973, may elect to be included in sections 51-49,
51-287 and 51-288, and, in each such case, the
Comptroller shall deduct from his salary five per
cent thereof as contributions for the purposes of
sections 51-49, 51-287 and 51-288, provided any
person who has so elected may thereafter elect to
participate in chapter 66 and thereupon his past
contributions to the State's Attorneys' Retirement
Fund shall be transferred to the State Employees
Retirement Fund and he shall be credited with all
prior service. All other persons appointed under
the provisions of this section shall be subject to
the provisions of chapter 66.
(4) EACH CHIEF STATE'S ATTORNEY, DEPUTY CHIEF
STATE'S ATTORNEY OR STATE'S ATTORNEY WHO (A) IS
INELIGIBLE TO ELECT UNDER SUBDIVISION (3) OF THIS
SUBSECTION, (B) IS NOT SUBJECT TO THE PROVISIONS
OF CHAPTER 66, AND (C) HAD VESTED UNDER THE STATE
EMPLOYEES RETIREMENT FUND, PRIOR TO HIS
APPOINTMENT TO SUCH OFFICE, SHALL VEST UNDER THE
STATE ATTORNEY'S RETIREMENT FUND UPON
REAPPOINTMENT TO ANY SUCH OFFICE BY THE CRIMINAL
JUSTICE COMMISSION.
[(4)] (5) The several state's attorneys shall
each hold office for eight years from July first
and until the appointment and qualification of a
successor unless sooner removed for just cause by
the Criminal Justice Commission.
[(5)] (6) When any vacancy in the office of
the Chief State's Attorney or the office of a
state's attorney is to be filled, the commission
shall make its appointment from the various
recommendations of the Chief State's Attorney or
the appropriate state's attorney.
[(6)] (7) Each deputy chief state's attorney
and state's attorney incumbent on the date of
certification by the Secretary of the State of the
constitutional amendment concerning appointment of
state's attorneys, shall serve the term for which
he had been appointed prior to said date.
Sec. 7. Section 51-287 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) Each Chief State's Attorney, deputy chief
state's attorney and state's attorney who elected
under the provisions of section 51-278 to be
included in the provisions of this section and who
has attained the age of sixty-five or who attains
the age of sixty-five while serving in office, and
each such Chief State's Attorney, deputy chief
state's attorney and state's attorney, who has
attained the age of sixty and so elects or who so
elects on attaining the age of sixty while so
serving, shall receive annually as retirement
salary, for each year he has served in any such
office, one-tenth of two-thirds of the salary of
the office which he held at the time of his
retirement, as such salary may be changed from
time to time; but in no event more than two-thirds
of such salary.
(b) Each such attorney shall, for retirement
purposes, be entitled to credit for any or all the
prior years of service accrued by him on July 1,
1978, while serving in the office of (1) state's
attorney, (2) assistant state's attorney, (3)
public defender in the Superior Court, (4)
prosecuting attorney in the Court of Common Pleas,
(5) chief prosecuting attorney or deputy chief
prosecuting attorney, prosecuting attorney or
assistant prosecuting attorney in the Circuit
Court, or (6) public defender or assistant public
defender in the Circuit Court, provided such
attorney shall pay to the Comptroller five per
cent of the salary for his office for each prior
year of service he claims for retirement credit.
Each such attorney shall be entitled to have his
retirement contributions to the state employees
retirement system under chapter 66 or to the
state's attorneys' retirement system under this
section prior to July 1, 1973, credited toward the
payment due for the prior year or years of service
he claims for retirement credit hereunder.
(c) If any such attorney resigns or is removed
from office before his retirement under this
section, he shall be entitled to the return of all
contributions made by him under section 51-278,
without interest thereon, except that, if the
attorney has completed at least ten years of
service creditable under this section, he may, at
his option, elect instead to receive a retirement
income on a reduced actuarial basis, as determined
by the Comptroller.
(d) For purposes of determining the retirement
salary of each Chief State's Attorney, deputy
chief state's attorney or state's attorney under
subsection (a) of this section and the allowance
payable to their surviving spouses under section
51-288, "salary of the office" shall be composed
of the total of the following amounts: The annual
salary of the office which he held at the time of
his retirement, as such salary may be changed from
time to time; and for each Chief State's Attorney,
deputy chief state's attorney, and state's
attorney to whom a longevity payment has been made
or is due and payable, in each instance under
section 51-287a, (1) one and one-half per cent of
annual salary, as such salary may change from time
to time, for those who have completed ten or more
but less than fifteen years of service as a Chief
State's Attorney, deputy chief state's attorney,
[or] state's attorney OR ASSISTANT STATE'S
ATTORNEY, (2) three per cent of annual salary, as
such salary may change from time to time, for
those who have completed fifteen or more but less
than twenty years of service as Chief State's
Attorney, deputy chief state's attorney, [or]
state's attorney OR ASSISTANT STATE'S ATTORNEY,
(3) four and one-half per cent of annual salary,
as such salary may change from time to time, for
those who have completed twenty or more but less
than twenty-five years of service as a Chief
State's Attorney, deputy chief state's attorney,
[or] state's attorney OR ASSISTANT STATE'S
ATTORNEY, and (4) six per cent of annual salary,
as such salary may change from time to time, for
those who have completed twenty-five or more years
of service as a Chief State's Attorney, deputy
chief state's attorney, [or] state's attorney OR
ASSISTANT STATE'S ATTORNEY.
(e) Any such attorney who is retired under
this section and who is appointed a judge shall
not receive a retirement salary pursuant to this
section during the period such retired attorney
serves as a judge.
Sec. 8. This act shall take effect July 1,
1998.
Approved June 8, 1998