Connecticut Seal

General Assembly

 

Governor's Bill No. 6385

January Session, 2009

 

LCO No. 3055

 

*03055__________*

Referred to Committee on Judiciary

 

Introduced by:

 

REP. CAFERO, 142nd Dist.

SEN. MCKINNEY, 28th Dist.

 

AN ACT CONCERNING REFORM OF THE PROBATE COURT SYSTEM.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 45a-2 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2011):

The probate districts of the state, for all purposes for which they were constituted, shall be [as follows:

(a) Hartford County

The district of Hartford, consisting of the town of Hartford.

The district of Avon, consisting of the town of Avon.

The district of Berlin, consisting of the towns of Berlin and New Britain.

The district of Bloomfield, consisting of the town of Bloomfield.

The district of Bristol, consisting of the town of Bristol.

The district of Burlington, consisting of the town of Burlington.

The district of Canton, consisting of the town of Canton.

The district of East Hartford, consisting of the town of East Hartford.

The district of East Windsor, consisting of the towns of East Windsor and South Windsor.

The district of Enfield, consisting of the town of Enfield.

The district of Farmington, consisting of the town of Farmington.

The district of Glastonbury, consisting of the town of Glastonbury.

The district of Granby, consisting of the town of Granby.

The district of Manchester, consisting of the town of Manchester.

The district of Marlborough, consisting of the town of Marlborough.

The district of Newington, consisting of the towns of Newington, Rocky Hill and Wethersfield.

The district of Plainville, consisting of the town of Plainville.

The district of Simsbury, consisting of the town of Simsbury.

The district of Southington, consisting of the town of Southington.

The district of Suffield-East Granby, consisting of the towns of Suffield and East Granby.

The district of West Hartford, consisting of the town of West Hartford.

The district of Windsor, consisting of the town of Windsor.

The district of Windsor Locks, consisting of the town of Windsor Locks.

(b) New Haven County

The district of New Haven, consisting of the town of New Haven.

The district of Bethany, consisting of the town of Bethany.

The district of Branford, consisting of the town of Branford.

The district of Cheshire, consisting of the towns of Cheshire and Prospect.

The district of Derby, consisting of the towns of Derby, Ansonia and Seymour.

The district of East Haven, consisting of the town of East Haven.

The district of Guilford, consisting of the town of Guilford.

The district of Hamden, consisting of the town of Hamden.

The district of Madison, consisting of the town of Madison.

The district of Meriden, consisting of the town of Meriden.

The district of Milford, consisting of the town of Milford.

The district of Naugatuck, consisting of the towns of Naugatuck and Beacon Falls.

The district of North Branford, consisting of the town of North Branford.

The district of North Haven, consisting of the town of North Haven.

The district of Orange, consisting of the town of Orange.

The district of Oxford, consisting of the town of Oxford.

The district of Southbury, consisting of the town of Southbury.

The district of Wallingford, consisting of the town of Wallingford.

The district of Waterbury, consisting of the towns of Waterbury, Middlebury and Wolcott.

The district of West Haven, consisting of the town of West Haven.

The district of Woodbridge, consisting of the town of Woodbridge.

(c) New London County

The district of New London, consisting of the towns of New London and Waterford.

The district of Norwich, consisting of the towns of Norwich, Franklin, Lisbon, Preston, Sprague and Voluntown.

The district of Bozrah, consisting of the town of Bozrah.

The district of Colchester, consisting of the towns of Colchester and Lebanon.

The district of East Lyme, consisting of the town of East Lyme.

The district of Griswold, consisting of the town of Griswold.

The district of Groton, consisting of the town of Groton.

The district of Ledyard, consisting of the town of Ledyard.

The district of Lyme, consisting of the town of Lyme.

The district of Montville, consisting of the town of Montville.

The district of North Stonington, consisting of the town of North Stonington.

The district of Old Lyme, consisting of the town of Old Lyme.

The district of Salem, consisting of the town of Salem.

The district of Stonington, consisting of the town of Stonington.

(d) Fairfield County

The district of Bridgeport, consisting of the town of Bridgeport.

The district of Danbury, consisting of the town of Danbury.

The district of Bethel, consisting of the town of Bethel.

The district of Brookfield, consisting of the town of Brookfield.

The district of Darien, consisting of the town of Darien.

The district of Fairfield, consisting of the town of Fairfield.

The district of Greenwich, consisting of the town of Greenwich.

The district of New Canaan, consisting of the town of New Canaan.

The district of New Fairfield, consisting of the towns of New Fairfield and Sherman.

The district of Newtown, consisting of the town of Newtown.

The district of Norwalk, consisting of the towns of Norwalk and Wilton.

The district of Redding, consisting of the town of Redding.

The district of Ridgefield, consisting of the town of Ridgefield.

The district of Shelton, consisting of the town of Shelton.

The district of Stamford, consisting of the town of Stamford.

The district of Stratford, consisting of the town of Stratford.

The district of Trumbull, consisting of the towns of Trumbull, Easton and Monroe.

The district of Westport, consisting of the towns of Westport and Weston.

(e) Windham County

The district of Windham, consisting of the towns of Windham and Scotland.

The district of Ashford, consisting of the town of Ashford.

The district of Brooklyn, consisting of the town of Brooklyn.

The district of Eastford, consisting of the towns of Eastford and Chaplin.

The district of Hampton, consisting of the town of Hampton.

The district of Killingly, consisting of the town of Killingly.

The district of Plainfield, consisting of the towns of Plainfield, Canterbury and Sterling.

The district of Pomfret, consisting of the town of Pomfret.

The district of Putnam, consisting of the town of Putnam.

The district of Thompson, consisting of the town of Thompson.

The district of Woodstock, consisting of the town of Woodstock.

(f) Litchfield County

The district of Litchfield, consisting of the towns of Litchfield, Kent, Morris and Warren.

The district of Harwinton, consisting of the town of Harwinton.

The district of New Milford, consisting of the towns of New Milford and Bridgewater.

The district of the Northwest Corner, consisting of the towns of Canaan, Cornwall, Norfolk, North Canaan, Salisbury and Sharon.

The district of Plymouth, consisting of the town of Plymouth.

The district of Roxbury, consisting of the town of Roxbury.

The district of Thomaston, consisting of the town of Thomaston.

The district of Torrington, consisting of the towns of Torrington and Goshen.

The district of Washington, consisting of the town of Washington.

The district of Winchester, consisting of the towns of Winchester and Colebrook.

The district of Woodbury, consisting of the towns of Woodbury, Bethlehem and Watertown.

(g) Middlesex County

The district of Middletown, consisting of the towns of Middletown, Cromwell, Durham and Middlefield.

The district of Clinton, consisting of the town of Clinton.

The district of Deep River, consisting of the town of Deep River.

The district of East Haddam, consisting of the town of East Haddam.

The district of East Hampton, consisting of the town of East Hampton.

The district of Essex, consisting of the town of Essex.

The district of Haddam, consisting of the town of Haddam.

The district of Killingworth, consisting of the town of Killingworth.

The district of Old Saybrook, consisting of the town of Old Saybrook.

The district of Portland, consisting of the town of Portland.

The district of Saybrook, consisting of the town of Chester.

The district of Westbrook, consisting of the town of Westbrook.

(h) Tolland County

The district of Tolland, consisting of the towns of Tolland and Willington.

The district of Andover, consisting of the towns of Andover, Bolton and Columbia.

The district of Ellington, consisting of the towns of Ellington and Vernon.

The district of Hebron, consisting of the town of Hebron.

The district of Mansfield, consisting of the towns of Coventry and Mansfield.

The district of Stafford, consisting of the towns of Stafford, Somers and Union.

(i) Litchfield and Hartford Counties

The district of New Hartford, consisting of the towns of New Hartford, Barkhamsted and Hartland] of a number equal to the number of state senatorial districts and each district shall be comprised of the towns or parts thereof that correspond to the boundaries of a state senatorial district as set forth according to law.

Sec. 2. Subsection (b) of section 45a-8a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2011):

(b) The Probate Court Administrator shall, within available resources, establish a regional children's probate court in a [region] probate district that shall consist of, [the probate districts of] or be adjacent to, one or more of the following: New Haven, Branford, East Haven, Hamden, Milford, North Branford, North Haven, Orange, West Haven and Woodbridge. In establishing such court, the Probate Court Administrator shall consult with the probate [judges] judge of such [districts, each of whom] district who may participate on a voluntary basis.

Sec. 3. Subsection (a) of section 46b-150h of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2011):

(a) Notwithstanding the provisions of sections 46b-150f and 46b-150g, the Probate Court Administrator shall establish, within available appropriations, a pilot program in [the] a probate district that includes all or part of Middletown for the purpose of exercising jurisdiction over and administering youth in crisis cases arising in said district in which the youths in crisis are not truants.

Sec. 4. (NEW) (Effective January 1, 2011) Notwithstanding the provisions of section 45a-92 of the general statutes: (1) The salary of each probate court judge shall be set by the Probate Court Administrator based upon the weighted workload of each judge's district, and (2) no probate court judge shall receive an annual salary of less than eighty thousand dollars or more than one hundred ten thousand dollars. The Probate Court Administration shall annually review the salary of each probate court judge.

Sec. 5. Section 45a-18 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2009):

(a) There shall be a court of probate in each probate district held by one judge elected by the electors residing in such district at the state election in 1974, and every four years thereafter.

(b) Each judge of probate shall hold office for four years beginning on the Wednesday after the first Monday in January next following his election.

(c) Each judge of probate, before entering upon his duties, shall be sworn and shall record his certificate of election upon the records of his court of probate.

(d) [He] Each judge of probate shall appoint a clerk and may appoint one or more assistant clerks, each of whom shall be sworn to a faithful performance of his duties and shall, when required, give whatever bond the judge deems necessary. Each such clerk shall continue in office until he resigns, is removed or is superseded.

(e) Each judge of probate elected for a term that begins on or after January 5, 2011, shall be a member of the bar of the state of Connecticut and shall have been a member for not less than ten years.

Sec. 6. Section 45a-19 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2011):

Each judge of probate shall be an elector [of a town] within the district in which [he] the judge is elected to serve. If for any reason [he] the judge ceases to be an elector [of a town] within such district, [he] the judge shall thereupon cease to hold office in such district, and such office shall be deemed vacant.

Sec. 7. Section 45a-8 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2011):

(a) The town or towns comprising each probate district shall provide court facilities meeting the minimum standards required by this section. If a probate district consists of more than one town, the expense shall be allocated to the towns in proportion to their grand lists last perfected. Such court facilities shall include: (1) Office space appropriate for the conduct of judicial business, including (A) a room for the judge of probate sufficient in size for ordinary matters in which judicial proceedings may be conducted in private, (B) a separate room for the court staff, and (C) on a prearranged basis, access to a larger hearing room for the conduct of unusually large court hearings; (2) furniture and furnishings appropriate to a court facility; (3) use and maintenance of a copying machine and the necessary supplies; (4) use and maintenance of court record systems and equipment, including such record books and electronic, digital, microfilming or similar systems required to maintain, provide access to and produce court records, and the necessary supplies for such systems, equipment and records; (5) the necessary stationery, postage and other related supplies in order that the court may properly carry out its duties; (6) typing equipment with which to complete the necessary records; (7) basic telephone service, which shall include all local calls; (8) if a court is computerized, a dedicated telephone line and maintenance of the computer equipment; and (9) adequate liability, fire, loss, theft and replacement insurance on the furniture, furnishings, equipment, court facilities and the records of the court.

[(b) If a town or towns comprising a probate district and the responsible municipal official or officials within such probate district fail to provide the court facilities required by subsection (a) of this section, the Probate Court Administrator shall offer in writing to meet with the judge of probate of the district and the responsible official or officials to discuss such court facilities. After discussion and consideration of the circumstances of the court operations, the Probate Court Administrator may waive or modify the application of a particular requirement of subsection (a) of this section for court facilities.]

[(c)] (b) If suitable court facilities are not provided in accordance with subsection (a) [or (b)] of this section: (1) The Probate Court Administrator shall provide written notice, by first class mail, to the judge of probate of the district and the chief executive officer of the town in which the court is located, on or before October first of any year in which suitable court facilities are not so provided. Such notice shall specify the requirements of subsection (a) or (b) of this section that are not met and shall direct the submission of a plan as required by this subdivision. Not later than January first of the year following the year in which such notice is provided, such chief executive officer, or his or her representative, shall file with the Probate Court Administrator a plan and time frame for meeting such requirements and providing suitable court facilities; (2) not later than February first of the year following the year in which notice is provided under subdivision (1) of this section, the Probate Court Administrator shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary concerning the failure of the probate district to provide the required court facilities, which report may include a recommendation that the probate district be abolished as a separate district and be consolidated with a contiguous district where suitable court facilities can be provided; or (3) if, in the opinion of the Probate Court Administrator, abolition of the district is not in the public interest and judicial action is necessary to enforce the provision of suitable court facilities, the Probate Court Administrator shall bring an action in the Superior Court to enforce the requirements for the provision of suitable court facilities.

[(d) Any town located in a probate district that desires to (1) consolidate such probate district with one or more districts, (2) be removed from such probate district to a separate district established for any such town, or (3) be located in another probate district, may, by resolution of its legislative body, petition the General Assembly for such consolidation, separation and creation of a new probate district or relocation. The Probate Court Administrator shall provide such assistance in the preparation of the petition as the officials of the town or towns may request. At the time of submission of a petition to the General Assembly, a copy of the petition shall be sent to the judges of probate in the probate districts to be affected. No probate district may be consolidated with another district until the expiration of the term of office of any probate judge in an affected probate district.]

[(e)] (c) Each judge of probate shall provide suitable records and supplies, in accordance with subsection (a) of this section, for the court in the judge's district. The judge of probate shall cause a complete record to be made of all orders passed by such court and of all wills, inventories, distributions, accounts, bonds and returns made to or lodged with such court. The expense of records, microfilming or the equipment to produce records, and of supplies which the judge deems necessary, shall be paid, upon the order of the judge, by the town or towns composing the district in proportion to their grand lists last perfected.

[(f)] (d) When the Probate Court Administrator, by regulation, requires that the courts of probate use specified forms, education materials, supplies or equipment not otherwise required by this section, they shall be furnished by the Probate Court Administrator and the expense paid from the Probate Court Administration Fund established under section 45a-82.

Sec. 8. Section 45a-77 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2011):

(a) The Probate Court Administrator may attend to any matters that the Probate Court Administrator considers necessary for the efficient operation of the courts of probate and for the expeditious dispatch and proper conduct of the business of such courts. The Probate Court Administrator shall administer and enforce the provisions of this chapter and the regulations issued under this section, and shall ensure performance of the duties of judges of probate and clerks of the courts of probate in accordance with the provisions of this chapter and such regulations. The Probate Court Administrator may make recommendations to the General Assembly for legislation for the improvement of the administration of the courts of probate.

(b) (1) The Probate Court Administrator may issue and shall enforce regulations, provided such regulations are approved in accordance with subsection (c) of this section. Such regulations shall be binding on all courts of probate and shall concern the following matters for the administration of the probate court system: (A) Auditing, accounting, statistical, billing, recording, filing and other court procedures; (B) reassignment and transfer of cases; (C) training of court personnel and continuing education programs for judges of probate and court personnel; and (D) the enforcement of the provisions of this chapter and the regulations issued pursuant to this section, including, but not limited to, recovery of expenses associated with any such enforcement, as permitted by such regulations.

(2) The Probate Court Administrator may adopt regulations, in accordance with chapter 54, provided such regulations are approved in accordance with subsection (c) of this section. Such regulations shall be binding on all courts of probate and shall concern: (A) The availability of judges; (B) court facilities, personnel and records; [(C) hours of court operation;] and [(D)] (C) telephone service.

(c) (1) Either the Probate Court Administrator or the executive committee of the Connecticut Probate Assembly may propose regulations authorized under subsection (b) of this section. Any regulation proposed by the Probate Court Administrator shall be submitted to the executive committee of the Connecticut Probate Assembly for approval. Any regulation proposed by the executive committee of the Connecticut Probate Assembly shall be submitted to the Probate Court Administrator for approval. If either the Probate Court Administrator or the executive committee of the Connecticut Probate Assembly fails to approve a proposed regulation, such proposed regulation may be submitted to a panel of three Superior Court judges appointed by the Chief Justice of the Supreme Court. The panel of judges, after consideration of the positions of the Probate Court Administrator and the executive committee of the Connecticut Probate Assembly, shall either approve the proposed regulation or reject the proposed regulation.

(2) Any proposed new regulation and any change in an existing regulation issued under this section on or after July 1, 2007, shall be submitted to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary for approval or disapproval in its entirety, provided, if more than one proposed new regulation or change in an existing regulation is submitted at the same time, said committee shall approve or disapprove all such proposed new regulations and changes in existing regulations together in their entirety. Unless disapproved by said committee within ninety days of the date of such submittal, each such regulation shall become effective on the date specified in such regulation, but not in any event until ninety days after promulgation.

(d) The Probate Court Administrator shall regularly review the auditing, accounting, statistical, billing, recording, filing, administrative and other procedures of the courts of probate.

(e) The Probate Court Administrator shall, personally, or by an authorized designee of the Probate Court Administrator who has been admitted to the practice of law in this state for at least five years, visit each court of probate at least once during each two-year period to examine the records and files of such court in the presence of the judge of the court or the judge's authorized designee. The Probate Court Administrator shall make any additional inquiries that the Probate Court Administrator considers appropriate to ascertain whether the business of the court, including the charging of costs and payments to the State Treasurer, has been conducted in accordance with law, rules of the courts of probate, regulations issued under this section and the canons of judicial ethics, and to obtain information concerning the business of the courts of probate which is necessary for the Probate Court Administrator to perform properly the duties of the office.

(f) The Probate Court Administrator shall establish and maintain a budget for the probate court system, which budget shall (1) reflect all costs related to the group hospitalization and medical and surgical insurance plan, dental insurance plan and retirement benefits for probate judges and employees, and (2) be funded solely by revenue generated by the probate courts. The Probate Court Administrator shall allocate the budgets for each court based upon the weighted workload of the court. The Probate Court Administrator shall ensure that all staff, including judges, who are offered insurance or retirement benefits work a minimum of twenty hours per week.

Sec. 9. Section 45a-84 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2011):

(a) On or before April first of each year, the Probate Court Administrator shall prepare a proposed budget in accordance with section 45a-77, as amended by this act, for the next succeeding fiscal year beginning July first, for the appropriate expenditures of funds from the Probate Court Administration Fund to carry out the statutory duties of the Probate Court Administrator and the probate courts. The Probate Court Administrator shall submit the proposed budget to the executive committee of the Probate Assembly for review. The executive committee shall return the proposed budget to the Probate Court Administrator no later than May first, together with its comments and recommendations concerning the proposed expenditures. The Probate Court Administrator shall thereafter prepare a proposed final budget, including such changes recommended by the executive committee as the Probate Court Administrator deems appropriate. On or before May fifteenth, the Probate Court Administrator shall transmit the proposed final budget to the Chief Court Administrator for approval, together with the comments and recommendations of the executive committee of the Probate Assembly. On or before June fifteenth of that year, the Chief Court Administrator shall take such action on the budget, or any portion thereof, as the Chief Court Administrator deems appropriate. If the Chief Court Administrator fails to act on the proposed budget on or before June fifteenth, the budget shall be deemed approved as proposed.

(b) The Probate Court Administrator may, from time to time, request authority from the Chief Court Administrator to expend additional money from the Probate Court Administration Fund to respond to any matter that could not have been reasonably anticipated in the regular budget process. A copy of all such requests shall be sent to the president judge of the Connecticut Probate Assembly. If the Chief Court Administrator fails to act on the request within twenty-one calendar days of receipt of the request, the request shall be deemed approved.

(c) The Probate Court Administrator may authorize such expenditures from the Probate Court Administration Fund for emergency purposes as from time to time may be necessary, provided the aggregate amount of such emergency expenditures for any one fiscal year shall not exceed five thousand dollars. A report on each such expenditure shall be sent to the Chief Court Administrator and the president judge of the Connecticut Probate Assembly within ten days after the expenditure is made.

Sec. 10. Section 45a-79c of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2011):

(a) A court of probate shall be open to the public for the conduct of court business not less than [twenty] forty hours each week, Monday through Friday, excluding holidays, on a regular schedule between the hours of eight o'clock a.m. and five o'clock p.m. The judge of probate of a probate district may close a court temporarily owing to inclement weather, an emergency or other good cause. Such judge shall immediately give notice of a temporary closing to the Probate Court Administrator, together with the reason for such closing and the date and time when the court will reopen.

(b) The Probate Court Administrator may, for good cause shown, modify the requirements of this section.

Sec. 11. Section 45a-34 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2011):

The following words and phrases as used in sections 45a-34 to 45a-54, inclusive, as amended by this act, and 45a-75 except as otherwise provided, shall have the following meanings:

(1) "Average final compensation" means, in the case of a judge of probate, the average annual compensation for the three highest paid years of service while serving in the probate court to which the judge was elected or by citation to any other court or courts, provided, for purposes of this section, the compensation for any one year shall not exceed the maximum net annual income currently allowed by law, and, in the case of an employee, the average annual rate of pay during the employee's three highest paid years of employment;

(2) "Credited service" means (A) all periods during which a person held the office of judge of probate and any period of service elected by a judge pursuant to section 45a-36a, as amended by this act, with respect to a probate district merger occurring prior to January 1, 2011, or (B) any period during which a person served as an employee of any probate court or (C) subject to the requirements of subsections (a) and (b) of section 45a-54, a period of not more than three years for service as a member of the General Assembly and military service or (D) the aggregate of any periods of service provided for in subparagraphs (A), (B) and (C) of this subsection;

(3) "Employee" means a person employed by any probate court for more than four hundred thirty hours per year or a person who served for more than four hundred thirty hours per year performing under any contract of employment with any court of probate;

(4) "Fund" means the retirement fund established by section 45a-35;

(5) "Member" means any judge of probate or employee who is or may become eligible for retirement benefits under sections 45a-34 to 45a-54, inclusive, as amended by this act, and 45a-75;

(6) "Normal retirement age" means the age of sixty-two for any judge of probate or any employee;

(7) "Old Age and Survivors System" means the system established under Title II of the Social Security Act, as amended;

(8) "Pay" means the salary, wages or earnings of an employee, but does not include any fees or allowances for expenses;

(9) "Retirement Commission" means the State Retirement Commission;

(10) "Social Security Act" means the Act of Congress, approved August 14, 1935, Chapter 531, 49 Stat. 620, officially cited as the Social Security Act, including regulations issued pursuant thereto, as such act has been and may from time to time be amended.

Sec. 12. Section 45a-36a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2011):

Any judge of probate in office on or after October 1, 1997, whose probate district is merged with another district prior to January 1, 2011, and who has not been elected to a term which begins at the time of, or subsequent to, such consolidation, (1) may elect to receive four years of credited service, as defined in subdivision (2) of section 45a-34, as amended by this act, (2) may elect to receive a reduction of his retirement age of not more than four years pursuant to subsection (a) of section 45a-36 or (3) may elect any combination of subdivisions (1) and (2) of this section, provided such combination shall not exceed four years in total.

Sec. 13. Subsection (a) of section 45a-43 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2011):

(a) Except as provided in subsection (d) of this section and subdivision (5) of this subsection, each married member shall, subject to regulations issued by the Retirement Commission, make an election in accordance with subsections (d) and (e) of this section to receive a reduced retirement allowance with the provision that the reduced retirement allowance, or such part which is specified by such person in his notice of election, shall be continued after his death to his spouse named in the election for as long as his spouse lives. The reduced retirement allowance shall be in an amount which the Retirement Commission determines to be the actuarial equivalent of the retirement allowance that would have been payable had not the election been made. A member may elect to receive his retirement allowance in accordance with any of the following options: (1) A reduced amount payable to the member for his lifetime with the provision that after his death his spouse, if surviving, shall be entitled to receive a lifetime income equal to fifty per cent of the reduced monthly amount payable to the member; (2) a reduced amount payable to the member for his lifetime with the provision that after his death his contingent annuitant shall be entitled to receive a lifetime income equal to either fifty or one hundred per cent of the reduced amount payable to the member; (3) a reduced amount payable to the member for his lifetime with the provision that if he shall die within either a ten or twenty-year period following the date his retirement income commences, whichever is selected by the member, the reduced amount continues to his contingent annuitant for the balance of the ten or twenty-year period; (4) an amount payable to the member for his lifetime with no payments continuing after the member's death, except for a lump sum death benefit equal to the member's retirement contributions plus interest reduced by the federal tax exclusion ratio times the income payments made to the member from the fund; or (5) for [judges] any judge of probate eligible for retirement benefits under section 45a-36a, as amended by this act, an unreduced amount payable to the member for his lifetime with the provision that after his death his spouse, if surviving, shall be entitled to receive a lifetime income equal to fifty per cent of the unreduced monthly amount payable to the member. If a member who has been married for one year dies before retirement but after completion of the age and service requirements that would permit him to retire upon his own application, the retirement allowance shall be payable to his spouse commencing at his death, in accordance with regulations to be established by the Retirement Commission.

Sec. 14. (Effective January 1, 2011) Sections 45a-3 to 45a-6k, inclusive, of the general statutes are repealed.

This act shall take effect as follows and shall amend the following sections:

Section 1

January 1, 2011

45a-2

Sec. 2

January 1, 2011

45a-8a(b)

Sec. 3

January 1, 2011

46b-150h(a)

Sec. 4

January 1, 2011

New section

Sec. 5

October 1, 2009

45a-18

Sec. 6

January 1, 2011

45a-19

Sec. 7

January 1, 2011

45a-8

Sec. 8

January 1, 2011

45a-77

Sec. 9

January 1, 2011

45a-84

Sec. 10

January 1, 2011

45a-79c

Sec. 11

January 1, 2011

45a-34

Sec. 12

January 1, 2011

45a-36a

Sec. 13

January 1, 2011

45a-43(a)

Sec. 14

January 1, 2011

Repealer section

Statement of Purpose:

To implement the Governor's budget recommendations.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]