History: 1965 acts provided persons may elect to obtain credit upon completion of "not less than" three years instead
of on completion of three years and that such credit will be for period between date of reemployment and date of election
instead of for the three years for which they have been ineligible to make contributions, and added provisions concerning
continued benefit payments during period of reemployment; 1967 act divided previous text into Subsecs. (a) and (b) and
added Subsec. (c) re recomputation of retirement benefits taking into consideration reemployment after original retirement,
deleted qualifying phrase "less than seventy years old" with regard to persons covered under provisions of section, changed
period from three years to six months for resumption of payments upon reemployment and simplified language allowing
back payments to cover six-month period; P.A. 77-390 amended Subsec. (b) to require that if reemployed member who
continues to receive benefits works more than ninety days, he must reimburse the state for benefits received during ninety-day period; P.A. 85-502 inserted new Subsec. (b) authorizing any person who has retired from state service and who is
elected to serve in the general assembly to elect to make contributions to the retirement fund and resume membership in
the retirement system, and relettered remaining Subsecs. and made technical changes to Subsecs. (c) and (d) and added
references to service in the general assembly to reflect provisions of Subsec. (b); P.A. 89-323 amended Subsec. (c) to
provide that the retirement income payments of a member who serves as a sessional employee of the general assembly
during the regular legislative session shall not be suspended; P.A. 97-148 amended Subsec. (c) to exclude special deputy
sheriffs whose postretirement service is as special deputy sheriffs, effective July 1, 1999; P.A. 00-99 extended exclusion
for service as special deputy sheriff to service as judicial marshal on and after December 1, 2000, and made technical
changes in Subsec. (c), effective December 1, 2000; P.A. 05-288 made technical changes in Subsec. (d), effective July
13, 2005.
Sec. 5-165. Optional forms of retirement income. (a) A member may elect one
of the following optional forms for retirement income by filing with the Retirement
Commission a written election on a form provided by the commission. A member who
has been married at least one year shall be presumed to have elected the option provided
in subdivision (1) of this subsection unless a contrary election is made by the member.
All other members will be presumed to elect the option provided in subdivision (4) of
this subsection unless a contrary election is made by the member. Any election or change
of election must be filed before retirement income payments begin. No option shall be
effective until a member has retired, and in the event a member dies prior to the effective
date of commencement of benefits, any election of an option shall be deemed cancelled
except as provided in subsection (c) of section 5-165a. The amount of income that will
be paid under the options will be determined by multiplying the retirement income
otherwise applicable by the actuarially equivalent option factors last adopted by the
Retirement Commission. Beginning with October 1, 1982, but only with regard to benefits payable on behalf of members whose benefits have not yet commenced, such factors
shall not differentiate by sex of the member, or the member's spouse or contingent
annuitant. The initial factors shall employ the interest rate and mortality table assumptions utilized for the December 31, 1980, valuation, with the factors assuming sixty per
cent male and forty per cent female for members, and sixty per cent female and forty
per cent male for spouses and contingent annuitants. The cost-of-living adjustment under
section 5-162d shall be assumed to be three per cent. The factors shall not take into
account the cost of providing the surviving spouse benefit under section 5-165a. The
factors may be periodically adjusted upward or downward by the Retirement Commission to reflect changing interest, mortality or election of option patterns provided that
they shall be reviewed and adjusted by January 1, 1985. Any such changes shall apply
only to members whose benefits commence after the effective date of adoption of such
factors. The retirement income options are as follows:
(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; or
(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 as provided in subsection
(b) of section 5-168.
(b) Notwithstanding the provisions of subsection (a) of this section, a temporary
minimum shall apply whenever the Retirement Commission adopts revised factors
which could result in a smaller benefit to a member than would have been payable under
the previously existing factors. Such minimum shall be determined as follows: (1) The
benefit the member had earned as of the date of the change in factors shall be calculated,
based on his final earnings and service as of that date; (2) any early retirement reduction
in such benefit shall be based upon his age, as determined on the date benefits will
commence, and his type of retirement; and (3) the option factor shall be determined
utilizing the factors in effect prior to such change, but based on appropriate ages as of
the date benefits will commence. If such minimum results in a larger benefit, the larger
benefit shall be payable.
(1949 Rev., S. 384; 1951, S. 153d; 1958 Rev., S. 5-106; 1961, P.A. 234, S. 14; 1963, P.A. 487; 1969, P.A. 661, S. 1,
2; P.A. 83-533, S. 11, 54; P.A. 05-288, S. 31.)
History: 1961 act "restated" state employees retirement act "in a simpler, clearer and more orderly form"; 1963 act
added provision for annual notification to Subsec. (d); 1969 act deleted provision in Subsec. (b) re reduced payments to
spouse if member dies before retirement payments begin and deleted provision in Subsec. (d) requiring annual notification
of employees of right to choose husband and wife option; P.A. 83-533 deleted existing section in its entirety and replaced
with four options enumerated in Subsec. (a); (Revisor's note: In 1993 an obsolete reference in Subsec. (a) to repealed Sec.
5-162e was deleted editorially by the Revisors and the wording adjusted accordingly); P.A. 05-288 made technical changes
in Subsec. (b), effective July 13, 2005.
Sec. 5-166. Leaving state service before becoming eligible for retirement. (a)
Except as provided in section 5-163a, a member who leaves state service before he is
eligible for retirement but after completing at least ten years of state service, of which
at least five years shall have immediately preceded the date of his leaving state service,
shall continue to be a member, and shall be eligible for a retirement income as provided
in section 5-162, but on a reduced actuarial basis as determined by the Retirement Commission, upon reaching his fifty-fifth birthday. Such vested retirement income shall not
be subject to divestiture by subsequent employment unless the member withdraws his
retirement contribution.
(b) (1) A member who leaves state service before he is eligible for retirement may
elect to withdraw all of his retirement contributions, without interest, in lieu of any other
benefits under this chapter. (2) Notwithstanding the provisions of subdivision (1) of this
subsection, if such departure from state service or withdrawal of contributions occurs
on or after October 1, 1982, the withdrawal of contributions shall include interest credited from January 1, 1982, or the first July first following the date of actual contribution,
whichever is later, to the July first coincident with or preceding the date the employee
leaves state service or withdraws contributions, whichever is later. Such interest shall
be credited at the rate of five per cent per year. In addition, for the partial year during
which the employee leaves state service or withdraws contributions, interest shall be
credited at the rate of five-twelfths of one per cent multiplied by the full number of
months completed during that year, such interest rate to be applied to the value of contributions as of the first day of that year. A member who so leaves before completing the
service requirements of subsection (a) of this section and without so electing shall be
conclusively presumed to have made such an election if he is not reemployed by the
state within five years; provided, if such member has not requested such withdrawal
within ten years after he left state service, or if his contributions are less than ten dollars
and such election is not made within six months after he leaves state service, his contributions shall revert to the retirement fund. At any time thereafter, upon application by the
member, his contributions plus credited interest, if any, may be withdrawn and paid
to him.
(c) Retroactive Social Security taxes deducted from contributions previously made
by a member because of the retroactive effective date of the Social Security Agreement
shall be excluded in determining the amount of any payment under subsection (b) of
this section.
(d) A member who leaves state service before he is eligible for retirement and before
completing the service requirement of subsection (a) of this section shall thereupon lose
his status as a member.
(e) A member who is eligible for retirement when he leaves state service may not
elect to withdraw his retirement contributions in lieu of receiving retirement income
payments at such time as they are payable, provided any such member who is eligible
to participate in or is a participating member of the Connecticut teachers' retirement
system may elect to have transferred to such system his contributions and earned interest
in the state employees retirement system for credit pursuant to the requirements of the
teachers' retirement system.
(1949 Rev., S. 387; 1957, P.A. 349; 595, S. 5, 6; 1958 Rev., S. 5-98, 5-109; 1961, P.A. 234, S. 15; February, 1965,
P.A. 497; 1967, P.A. 403; P.A. 73-171; P.A. 74-326, S. 1, 2; P.A. 75-531, S. 4, 6; P.A. 76-436, S. 414, 681; P.A. 77-242;
P.A. 79-631, S. 93, 111; P.A. 80-294, S. 3, 7; P.A. 83-533, S. 13, 54; P.A. 84-411, S. 4, 8; P.A. 85-425; 85-510, S. 20, 35;
P.A. 05-288, S. 32.)
History: 1961 act "restated" state employees retirement act "in a simpler, clearer and more orderly form"; 1965 act
added Subsecs. (a) and (b), relettering the following subsections and restricted Subsecs. (c), (e) and (f) accordingly; 1967
act included service in state-aided institutions as state service in Subsec. (b) and amended Subsec. (c) to allow those who
fulfill service requirements but are not of retirement age to withdraw contributions in lieu of future benefits upon leaving
state service; P.A. 73-171 made clear in Subsec. (a) that retirement interests are vested unless member withdraws contributions from system; P.A. 74-326 added provisions concerning service credit for criminal justice division employees and
public and assistant public defenders in superior court; P.A. 75-531 amended Subsec. (a) to include exception and deleted
language making distinctions between men and women re retirement system; P.A. 76-436 added court of common pleas
in Subsec. (b), effective July 1, 1978; P.A. 77-242 amended Subsec. (c) to provide that small retirement contributions
revert to state after six months; P.A. 79-631 made technical changes; P.A. 80-294 deleted Subsec. (b) and relettered
remaining Subsecs. accordingly; P.A. 83-533 amended Subsec. (b) to provide for payment of interest on withdrawn contributions credited from January 1, 1982; P.A. 84-411 amended Subdiv. (2) of Subsec. (b) to include withdrawal of contributions, to change dates re credit of interest from first of the year to July first, to replace provision requiring that contributions
of less than five dollars escheat to the state with provision that contributions of less than ten dollars revert to retirement
fund; P.A. 85-425 amended Subdiv. (2) of Subsec. (b) by adding provision that contributions which previously reverted
to fund, plus interest, may be withdrawn and paid to member upon his application; P.A. 85-510 amended provision in
Subsec. (e) that a member who is eligible for retirement when he leaves state service may not withdraw contributions in
lieu of receiving retirement income by adding provision that "any such member who is eligible to participate in or is a
participating member of the Connecticut teachers' retirement system may elect to have transferred to such system his
contributions and earned interest in the state employees retirement system for credit pursuant to the requirements of the
teachers' retirement system"; P.A. 05-288 made a technical change in Subsecs. (b)(2), (c) and (d), effective July 13, 2005.
Sec. 5-167. Contributions for prior years. (a) A former member who withdrew
his retirement contributions and who is reemployed in state service within five years
after he left state service, or who is reemployed and due to such reemployment is covered
by the provisions of the tier I plan as determined under subsection (a) of section 5-192e,
may elect to return his withdrawn contributions and interest paid on such contributions
to the state, with interest as provided in subsection (c) of this section. Service can be
restored only if payments commence within two years after reemployment or on or
before January 1, 1985, if later.
(b) A member who was in state service before September 1, 1939, but did not become a member before September 1, 1941, may elect to make retirement contributions
in the amount which would have been due from him from September 1, 1939, to the
date of his election, had he been a member throughout this period, with interest as
provided in subsection (c) of this section.
(c) Retirement contributions payable under subsection (a) or (b) of this section may
be paid by the member either by (1) a single lump sum payment of contributions plus
interest paid on such contributions, with interest thereon at the rate of five per cent
per year calculated from the date of withdrawal to the date of payment, or (2) payroll
deductions of the total amount established in subdivision (1) of this subsection, as determined by the Retirement Commission over a period not to exceed thirty-six months,
plus interest on such amount at the rate of five per cent per year to be paid over such
period.
(1949 Rev., S. 396; 1957, P.A. 588, S. 1; 1958 Rev., S. 5-116; 1961, P.A. 234, S. 16; 1963, P.A. 399, S. 1; 1971, P.A.
126, S. 1; P.A. 83-533, S. 14, 54; P.A. 84-411, S. 5, 8; P.A. 87-484, S. 2, 10; P.A. 05-288, S. 33.)
History: 1961 act "restated" state employees retirement act "in a simpler, clearer and more orderly form"; 1963 act
deleted subsection prohibiting credit for prior service in connection with application for nonservice connected disability
retirement within five years after payment in full for prior service credit, but see Sec. 5-169(e); 1971 act replaced payments
of twelve monthly installments with payroll deductions determined by retirement commission over a period of not more
than three years; P.A. 83-533 amended Subsec. (a) to provide for restoration of prior service of former member whose
reemployment renders him subject to tier II; P.A. 84-411 amended Subsec. (a) to require return to the state of interest paid
on withdrawn contributions by former member who elects to return withdrawn contributions; P.A. 87-484 amended Subsec.
(c) to clarify provisions re payment of retirement contributions; P.A. 05-288 made a technical change in Subsecs. (a) and
(b), effective July 13, 2005.
Sec. 5-169. Disability retirement. (a) If a member of the state employees retirement system, while in state service, becomes permanently disabled prior to the age of
sixty from continuing to render the service in which he has been employed, and if he
has then completed five years of state service, such member is eligible for disability
retirement for twenty-four months. Thereafter, disability retirement continues only if
such member is totally disabled for any suitable and comparable job. If the member's
disability occurs on or after October 1, 1982, such disability retirement income shall
equal three per cent of the member's base salary multiplied by years of service to date
of disability, subject to a maximum of one and two-thirds per cent times years of service
projected to age sixty-five and a minimum of one and two-thirds per cent times years
of service to the date of disability, except that such income of state policemen shall be
determined as provided by subsection (b) of section 5-173.
(b) If a member, while in state service, becomes permanently disabled from continuing to render the service in which he has been employed as a result of any injury received
while in the performance of his duty as a state employee, such member is eligible for
disability retirement regardless of his period of state service. If the member's disability
occurs on or after October 1, 1982, such disability retirement income shall equal one
and two-thirds per cent times years of service projected to age sixty-five with a maximum
based on not more than thirty years of such service and a minimum of one and two-thirds per cent times accrued service at the date of disability, except that such income
of state policemen shall be determined as provided by subsection (b) of section 5-173,
provided, for the purposes of the formulas in said subsection, his rate of salary at the
time of his disability retirement shall be used if greater than his base salary. If such
injury occurred on or after October 1, 1982, and such member has completed at least
five years of state service, his disability retirement income shall in no event be less than
that provided under subsection (a) of this section.
(c) The Governor shall appoint a board of seven physicians, each of whom is a state
employee and two of whom shall be experienced in psychiatry, to serve at his pleasure
as a medical examining board to determine whether each applicant for disability retirement is entitled thereto. Three of such members, one of whom shall be the elected
chairman or the elected secretary of the board, shall constitute a quorum for the determination of any applicant's entitlement. The chairman or the secretary shall report the
findings of the board to the Retirement Commission from time to time as requested by
the commission as to the entitlement of each applicant or the continuance of disability
of members so retired. The Comptroller is authorized to pay for stenographic and professional services as requested and approved by the board.
(d) No reconsideration of a decision concerning eligibility for a disability retirement
allowance or the discontinuance of such allowance shall be made by the board unless
a member, upon application to the board for a redetermination, discloses additional facts
concerning his condition at the date of termination of employment.
(e) Retirement income being paid for disability retirement shall end when and if
the disability ends. In such event, such member shall receive credit for the years he was
disabled, subject to a maximum total credit of twenty-five years or actual years of service
to the date of disability, whichever is greater. Such member shall then (1) retire on
normal or early retirement, if eligible, or (2) retain a vested right to a deferred pension,
if eligible.
(f) No credit for a period of service of any kind prior to the months in which contribution therefor is made shall be given under this chapter or any special act in determining
state service in connection with an application for disability retirement other than for
injury received in performance of duty as a state employee, if such disability occurred
within five years after payment of a single lump sum or commencement of payroll
deductions pursuant to subsection (c) of section 5-167. The foregoing limitation shall
not apply to credit obtained immediately after transfer from the teachers' retirement
system under section 10-183p for service previously credited in said system; but in that
case no benefit for retirement on account of disability occurring within such five-year
period, other than for injury received in performance of duty as a state employee, shall
exceed the benefit which would have been payable by said system if transfer had not
been made.
(g) Twenty per cent of all outside earned salary or wages shall be offset against the
disability retirement payments by the state during the first two years of disability. On
or after October 1, 1987, at the expiration of such period, if the total disability benefits
and outside earnings exceed one hundred per cent of the pay of such member at the date
of disability, adjusted annually by a percentage increase equal to the cost of living
allowances applied to the member's disability retirement benefits pursuant to this chapter, the disability payment will be reduced by the amount such total exceeds such adjusted
earnings. Notwithstanding the foregoing provisions of this section, the following maximum benefit limitations shall apply if the member's date of disability occurs on or after
January 1, 1984. Such maximum benefit limitations shall apply coincident with the
receipt of benefits under subsection (d) of section 5-142 by any member of the Division
of State Police within the Department of Public Safety. To verify the operation of the
maximums, members shall authorize the Social Security Administration to provide the
Retirement Commission, on an ongoing basis, any information with regard to covered
earnings or Social Security benefits payable. In the event both of the maximums indicated below apply, the lesser disability benefit shall be payable. Such maximums shall
be subject to reexamination annually, as indicated in subsection (h) of this section.
(1) The disability benefit provided under this section shall not exceed one hundred
per cent of the member's base salary or the rate of salary of the member on his date of
disability, whichever is greater, less any periodic cash benefit payments being made to
a member under the Workers' Compensation Act, less any federal disability Social
Security benefits, including primary and family, paid on account of the member's Social
Security earnings history, less all outside earned salary or wages, unless the Retirement
Commission determines that such salary or wages are being paid as part of the rehabilitation of the disabled member. Any such determination that such earned salary or wages
is for rehabilitation must be reapproved by the Retirement Commission no less frequently than every eighteen months, or the offset shall apply. The offset for workers'
compensation and federal Social Security disability benefits shall apply when such benefits commence even if such benefits initially commence after the member's disability
retirement date.
(2) The disability benefit provided under this section shall not exceed eighty per
cent of the member's base salary or the rate of salary of the member on the date of
disability, whichever is greater, less any periodic cash benefit payments being made to
a member under the Workers' Compensation Act, less any federal disability Social
Security benefits, including primary and family, being paid on account of the member's
Social Security earnings history. The offsets shall apply when such benefits commence
even if such benefits initially commence after the member's disability retirement date.
(3) The offsets for workers' compensation and federal Social Security disability
benefits shall be reduced by the amount of any attorney's fees a member incurs to obtain
such benefits.
(h) As of each anniversary date, as defined in section 5-162d, of such retired employee, the benefits provided under this section shall be subject to the following adjustments: (1) The benefits provided in subsections (a) and (b) of this section shall be subject
to the increase provided in section 5-162d or 5-162h, whichever is appropriate; (2) the
net maximum benefit provided in subdivision (2) of subsection (g) of this section shall
be subject to the increase provided in section 5-162d or 5-162h, whichever is appropriate;
(3) this subdivision shall apply only to the maximum benefit provided in subdivision
(1) of subsection (g) of this section which shall only be considered if the member had
outside earned salary or wages. The salary as described in subdivision (1) of subsection
(g) of this section shall be increased by the percentage compensation increase that would
have applied to an employee in the position and "step" of the member, at the date of
disability had that employee continued to be employed and continued automatic progression to the maximum "step" for his classification. On the date of recomputation of
benefits, the offsets for workers' compensation and federal Social Security shall be
increased by that same percentage or the percentage increase granted under the cost-of-living provision of the Workers' Compensation Act and the Social Security Act respectively, whichever is less. This offset amount shall be adjusted to reflect any change
in these benefits other than those resulting from the cost-of-living provisions of the
Workers' Compensation Act or the Social Security Act. In no case shall the offset be
greater than the actual benefits paid. Outside earned salary or wages shall reflect actual
amounts earned during the preceding calendar year. In no event shall the application of
this subdivision and subdivision (1) of subsection (g) of this section result in an income
from all sources that would be less than the income that would have been paid had the
member remained in service and progressed to the maximum "step" for his classification; (4) except as specifically indicated in subdivision (3) of this subsection, the maximum disability income determined under subsection (g) of this section will not be affected, when the workers' compensation benefits or the Social Security benefits are
increased by cost-of-living provisions in the Workers' Compensation Act or the Social
Security Act; (5) the maximum disability income under subdivision (2) of subsection
(g) of this section will be recalculated if either the workers' compensation benefits
or the Social Security benefits are decreased or discontinued. Any such recalculated
maximum shall not reflect any increases arising after the initial application of the offset
because of the cost-of-living provisions in the Workers' Compensation Act or the Social
Security Act, except as specifically indicated in subdivision (3) of this subsection.
(i) If a member qualifies for disability compensation under section 5-142, such
member shall continue to be credited with service hereunder, and shall not be deemed
to have retired until he elects to retire. While the member is receiving compensation
under section 5-142, the disability retirement benefits under this section shall be payable
only if greater than the compensation paid under section 5-142. In such event, the benefits
under this section shall be temporarily reduced by the amount of benefits payable under
section 5-142 for the period of receipt of benefits under section 5-142. If a member is
granted disability compensation under section 5-142 retroactively for the same period
of time such member received disability retirement benefits under this section, such
disability compensation benefits shall be reduced by the amount of disability retirement
benefits received during such period, except that if the disability retirement benefits
received during such period were greater than the retroactive payment of disability
compensation benefits for such period, no disability compensation payments shall be
paid to the member for such period.
(j) A member whose date of disability occurs prior to January 1, 1984, shall have
his benefits calculated in accordance with the provisions of law in effect at the time of
such occurrence. A member's date of disability shall be his last date of active employment by the state prior to such disability or the date as of which his benefits under this
section are payable, whichever is earlier. A leave of absence for medical reasons shall
not be deemed to be active employment.
(k) If after review of all testimony and documentary evidence, including medical
reports, presented in connection with any determination or recommendation concerning
entitlement to or continuation of disability retirement, any member of the board who
believes that an individual was treated by a physician who is or may be unable to practice
medicine with reasonable skill or safety, shall file a petition, pursuant to section 20-13d, with the Department of Public Health for investigation under section 20-13e. The
record of the board concerning any such petition, and the proceedings of the board in
connection therewith, shall remain confidential to the same extent as a record of the
Department of Public Health under section 20-13e.
(1949 Rev., S. 382; 1951, S. 150d; 1957, P.A. 595, S. 7; 670, S. 1; 1958 Rev., S. 5-101; 1961, P.A. 234, S. 18; 1963,
P.A. 399; 407; February, 1965, P.A. 509, S. 1; 1967, P.A. 798; 1971, P.A. 627, S. 1; 628, S. 1, 2; P.A. 75-628, S. 1, 5; P.A.
77-390, S. 4, 8; P.A. 78-208, S. 28, 35; 78-331, S. 32, 58; P.A. 79-376, S. 6; P.A. 80-301; P.A. 83-533, S. 16, 54; P.A. 85-510, S. 7, 10, 17, 35; P.A. 87-248; 87-317; P.A. 89-52; P.A. 90-308, S. 11, 15; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12,
21, 58; P.A. 05-208, S. 3; 05-288, S. 34.)
History: 1961 act "restated" state employees retirement act "in a simpler, clearer and more orderly form"; 1963 acts
amended Subsecs. (a) and (b) to make separate provision for state policemen and added Subsec. (e); 1965 act amended
Subsec. (b) to delete reference to the determination of social security earnings and excess earnings of state policemen and
to provide that their salaries at the time of disability retirement are to be used "if greater than" rather than "instead of"
their base salaries; 1967 act reduced from fifteen to ten the number of years of service needed for disability retirement in
Subsec. (a); 1971 acts increased number of members of examining board from three to seven, two of whom should be
psychiatrists and added provisions concerning quorum, chairman, and stenographic and professional services in Subsec.
(c); P.A. 75-628 added to Subsecs. (a) and (b) provisions specifying disability occurring "prior to the age of sixty", specifying
maximum payment allowed for disability, and providing new basis for calculating benefits to replace former determination
"in accordance with subsection (c)(3) of section 5-162", act further reduced years of state service applicable to Subsec.
(a) from ten years to five and placed conditional twenty-four-month limit on payments, added provisions in Subsec. (d)
re credit for years of disability re other retirement benefits and added Subsecs. (f) and (g) re offsetting outside earning and
applicability of section; P.A. 77-390 inserted new Subsec. (d) re reconsideration upon disclosure of additional information
and relettered remaining Subsecs. accordingly; P.A. 78-208 substituted teachers' retirement system for teachers' retirement
association in Subsec. (f); P.A. 78-331 replaced "prior law" with "the law in effect prior to July 1, 1975" in Subsec. (h);
P.A. 79-376 replaced "workmen's" compensation with "workers'" compensation in Subsecs. (a) and (b); P.A. 80-301
substituted "redetermination" for "rehearing" in Subsec. (d); P.A. 83-533 changed method of calculation of retirement
income in cases of disability occurring on or after October 1, 1982, and on or after January 1, 1984; P.A. 85-510 amended
Subsec. (b) to delete provision which restricted applicability of Subsec. to a member who becomes permanently disabled
"prior to the age of sixty", amended Subsec. (g) to provide that such maximum benefit limitations shall apply coincident
with the receipt of benefits under Sec. 5-142(d) by any member of the division of state police and amended Subsec. (i) to
delete provision that a member who qualifies for compensation under Sec. 5-142 shall continue to make employee contributions in order to continue to be credited with service and to delete provision that contributions shall be required only for
the period during which the member receives full salary; P.A. 87-248 added Subsec. (k) re the reporting of unskilled or
unsafe medical practice; P.A. 87-317 amended Subsec. (g) to change the method of calculation of the outside earnings
offset against disability retirement payments in order to limit the amount of reduction of disability payments caused by
the offset; P.A. 89-52 provided for a reduction in disability compensation benefits if a member receives both disability
retirement benefits and retroactive disability compensation for the same period of time; P.A. 90-308 amended five-year
ineligibility period in Subsec. (f) re credit for prior service purchased by an applicant for disability retirement to provide
that five-year period begins after payment of a lump sum or commencement of payroll deductions, rather than after contributions are paid in full; P.A. 93-381 replaced department of health services with department of public health and addiction
services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction
Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 05-208 amended Subsec. (g)
by adding new Subdiv. (3) requiring offsets for workers' compensation and Social Security benefits to be reduced by
attorney's fees incurred to obtain those benefits, effective July 1, 2005; P.A. 05-288 made technical changes in Subsec.
(h), effective July 13, 2005.
See Sec. 18-101e re calculation of disability retirement income for correction officers upon designation of extraordinary
circumstances.
Sec. 5-170. Effect of workers' compensation and disability payments. (a) Except as provided in subsection (i) of section 5-169, a member shall not be entitled to
receive or retain retirement income payments made for any period for which the member
has received or receives disability payments and necessary medical and hospital expenses because of injury incurred or disease contracted in the performance of certain
duties, as provided in section 5-142. Unless the Retirement Commission has waived the
overpayment in accordance with section 5-156c, in any case in which a member has
received retirement income payments in excess of his entitlement under this subsection,
the Comptroller shall act to recover such overpayments by any appropriate means, including (1) withholding such sums from future retirement income payments in accordance with regulations to be adopted by the Retirement Commission in accordance with
the provisions of chapter 54, and (2) petitioning the workers' compensation commissioner having jurisdiction of the member's claim under section 5-142 for an order reducing the member's award pursuant to said section by the amount of such overpayment. The
commissioner may enter such order notwithstanding the provisions of section 31-320.
(b) Retirement income payments made to a member receiving disability payments
and necessary medical and hospital expenses under the provisions of the Workers' Compensation Act, as set forth in chapter 568, shall be reduced for any period for which
such disability payments are being made or have been made, except as provided in
subsection (c) of this section. The amount of each reduced retirement income payment
shall be determined in accordance with section 5-169. Unless the Retirement Commission has waived the overpayment in accordance with section 5-156c, in any case in
which a member has received retirement income payments in excess of his entitlement
under this subsection, the Comptroller shall act to recover such overpayments by any
appropriate means, including (1) withholding such sums from future retirement income
payments in accordance with regulations to be adopted by the Retirement Commission
in accordance with the provisions of chapter 54, and (2) petitioning the workers' compensation commissioner having jurisdiction of the member's workers' compensation
claim for an order reducing the member's workers' compensation award by the amount
of such overpayment. The commissioner may enter such order notwithstanding the provisions of section 31-320.
(c) Retirement income payments shall not be reduced: (1) For a member receiving
a specific indemnity award under section 31-307 or 31-308; (2) for a member who
received a judgment for personal injuries and pain and suffering under the provisions
of section 31-293, provided the member has reimbursed the state in full for all sums
expended by it under chapter 568; or (3) by the amount of any attorney's fees a member
incurs to obtain benefits under the Workers' Compensation Act or federal Social Security disability benefits.
(d) This section applies to claims for workers' compensation and disability retirement from injuries sustained on and after January 1, 1947.
(1949 Rev., S. 385; 1951, S. 154d, 155d; 1958 Rev., S. 5-107; 1961, P.A. 234, S. 19; P.A. 79-376, S. 7; P.A. 83-533,
S. 48, 54; P.A. 87-287, S. 1, 2; P.A. 05-208, S. 1; 05-288, S. 35.)
History: 1961 act "restated" state employees retirement act "in a simpler, clearer and more orderly form"; P.A. 79-376
replaced "workmen's compensation" in Subsecs. (b) and (d) with "workers' compensation"; P.A. 83-533 amended section
to provide for reduction or suspension of benefits in accordance with Sec. 5-169; P.A. 87-287 amended Subsecs. (a) and
(b) to require the comptroller to recover overpayments by any appropriate means unless the overpayment has been waived
by the retirement commission; P.A. 05-208 amended Subsec. (c) by making a technical change and adding new Subdiv.
(3) prohibiting retirement income payments from being reduced by certain attorney's fees, effective July 1, 2005; P.A.
05-288 made a technical change in Subsec. (b), effective July 13, 2005.
PART V
TIER II PLAN
Sec. 5-192p. Disability retirement. (a) If a member of tier II, while in state service,
becomes disabled as defined in subsection (b) of this section, prior to age sixty-five, he
is eligible for disability retirement if the member has completed at least ten years of
vested service. If a member of tier II, while in state service, becomes so disabled as a
result of any injury received while in the performance of his duty as a state employee,
he is eligible for disability retirement, regardless of his period of state service or his age.
(b) A member is disabled for the first twenty-four months if he is permanently
unable to continue to render the service in which he has been employed. Disability
retirement continues thereafter only if such member is totally disabled for any suitable
and comparable job.
(c) The member who is eligible for disability retirement shall receive a monthly
retirement income of one-twelfth of one and one-third per cent of final average earnings,
plus one-half of one per cent of final average earnings in excess of the year's breakpoint,
the sum multiplied by the greater of the credited service he would have at age sixty-five if he continued to work until that age, but limited to a maximum of thirty years, or
his credited service earned to date of disability retirement.
(d) Notwithstanding the provisions of subsection (c) of this section, the following
maximum benefit limitation shall apply. In order to verify the operation of the maximums, it shall be a condition precedent to receipt of any disability benefits under this
section that a member authorize the Social Security Administration to provide the Retirement Commission, on an ongoing basis, any information with regard to covered earnings
or Social Security benefits payable. In the event both of the maximums indicated below
apply, the lesser disability benefit shall be payable. Such maximums shall be subject to
reexamination annually, as indicated in subsection (e) of this section.
(1) The disability benefit provided under this subsection shall not exceed (A) one
hundred per cent of the member's final average earnings or the rate of salary of the
member on date of disability, whichever is greater, less (B) any periodic cash benefit
payments being made to a member under the Workers' Compensation Act, less (C) any
federal disability Social Security benefits both primary and family paid on account of
the member's Social Security earnings history, less (D) all outside earned salary or
wages unless the Retirement Commission determines that such salary or wages are being
paid as part of the rehabilitation of the disabled member. Any such determination that
such earned salary or wages is for rehabilitation must be reapproved by the Retirement
Commission no less frequently than every eighteen months, or the offset shall apply.
The offset for workers' compensation and federal Social Security disability benefits
shall apply when such benefits commence even if such benefits initially commence after
the member's disability retirement date.
(2) The disability benefit provided under this subsection shall not exceed (A) eighty
per cent of the greater of the member's final average earnings or the rate of salary of
the member on the date of disability, less (B) any periodic cash benefit payments being
made to a member under the Workers' Compensation Act, less (C) any federal disability
Social Security benefits, both primary and family being paid on account of the member's
Social Security earnings history. The offsets shall apply when such benefits commence
even if such benefits initially commence after the member's disability retirement date.
(3) The offsets for workers' compensation and federal Social Security disability
benefits shall be reduced by the amount of any attorney's fees a member incurs to obtain
such benefits.
(e) As of each anniversary date of such retired employee, as provided in section 5-192s, the benefits provided under this section shall be subject to the following adjustments:
(1) The benefits provided in subsection (c) of this section shall be subject to the
increase provided in section 5-192s;
(2) The net maximum benefit provided in subdivision (2) of subsection (d) of this
section shall be subject to the increase provided in section 5-192s;
(3) This subdivision shall apply only to the maximum benefit provided in subdivision (1) of subsection (d) of this section which shall only be considered if the member
has outside earned salary or wages. The salary as described in subparagraph (A) of
subdivision (1) of subsection (d) of this section shall be increased by the percentage
compensation increase that would have applied to an employee in the position and "step"
of the member at the date of disability had that employee continued to be employed and
continued automatic progression to the maximum "step" for his classification. On the
date of recomputation of the benefits, the offsets for workers' compensation and federal
Social Security shall be increased by the lesser of that same percentage or the percentage
increase granted under the cost-of-living provision of the Workers' Compensation Act
and the Social Security Act respectively. This offset amount shall be adjusted to reflect
any change in these benefits other than those resulting from the cost-of-living provisions
of the Workers' Compensation Act or the Social Security Act. In no case will the offset
be greater than the actual benefits paid. Outside earned salary or wages shall reflect actual
amounts earned during the preceding calendar year. In no event shall the application of
this subdivision and subdivision (1) of subsection (d) of this section result in an income
from all sources that would be less than the income that would have been paid had
the member remained in state service and progressed to the maximum "step" for his
classification;
(4) Except as specifically indicated in the preceding subdivision (3) of this subsection, the maximum disability income determined under subsection (d) of this section
will not be affected, when the workers' compensation benefits or the Social Security
benefits are increased by cost-of-living provisions in the Workers' Compensation Act
or the Social Security Act; and
(5) The maximum disability income under subdivision (2) of subsection (d) of this
section will be recalculated if either the workers' compensation benefits or the Social
Security benefits are decreased or discontinued. Any such recalculated maximum shall
not reflect any increases arising after the initial application of the offset because of the
cost-of-living provisions in the Workers' Compensation Act or the Social Security Act
except as specifically indicated in subdivision (3) of this subsection.
(f) The board of physicians appointed pursuant to section 5-169 shall be utilized
for purposes of determination of any applicant's entitlement.
(g) No reconsideration of a decision concerning eligibility for a disability retirement
allowance or the prior discontinuance of such allowance shall be made by the board
unless a member, upon application to the board for a redetermination, discloses additional facts concerning his condition at the date of termination of employment or at the
time of discontinuance as appropriate.
(h) Retirement income being paid for disability retirement shall be discontinued if
the member recovers from such disability prior to reaching what would have been his
normal retirement date. In such event, such member shall receive credit for both vesting
and credited service purposes for the years he was disabled, subject to a maximum total
credit of thirty years or actual years of service to date of disability, whichever is greater.
Unless such member has been reemployed, he shall then be deemed to have retired on
normal or early retirement, if eligible, or retain a vested right to a deferred pension, if
eligible.
(i) If a member is entitled to disability compensation under section 5-142 such member shall continue to earn vesting service and credited service, provided such member
has not retired. After retirement, if benefits continue to be payable under section 5-142,
the disability retirement benefits under this section shall be payable only if larger. In
such event, the benefits under this section shall be temporarily reduced by the amount
of benefits payable under section 5-142 for the period of receipt of benefits under section
5-142.
(P.A. 83-533, S. 32, 54; P.A. 84-411, S. 7, 8; P.A. 85-510, S. 18, 35; P.A. 05-208, S. 2.)
History: P.A. 84-411 amended Subsec. (c) to clarify that monthly income is based on "one-twelfth" of one and one-third per cent of final average earnings; P.A. 85-510 amended Subsec. (a) by deleting provision that a member who becomes
disabled prior to age sixty-five is eligible for disability retirement if the disability was a result of an injury received in the
performance of his duty as a state employee, or the member has completed at least ten years of vested service and substituting
provisions that (1) a member who becomes disabled prior to age sixty-five is eligible for disability retirement if the member
has completed at least ten years of state service, and (2) a member who becomes disabled as a result of an injury received
in the performance of his duty as a state employee is eligible for disability retirement, regardless of his period of state
service or his age; P.A. 05-208 amended Subsec. (d) by making a technical change and adding new Subdiv. (3) requiring
offsets for workers' compensation and Social Security benefits to be reduced by attorney's fees incurred to obtain those
benefits, effective July 1, 2005.
See Sec. 18-101e re calculation of disability retirement income for correction officers upon designation of extraordinary
circumstances.