History: 1969 act amended table in Subsec. (b) by raising base amount of life insurance in each class by two thousand
dollars starting at $8,000, changing class 20 to read "$22,500 but less than" rather than "$22,500 and over" and adding all
data for classes 21 to 31, inclusive; P.A. 77-614 made insurance department a division within the department of business
regulation, effective January 1, 1979; P.A. 78-103 replaced "section 5-154" with "subsection (x) of section 5-196" in
Subsec. (d); P.A. 79-621 changed requirement regarding date for increase in life insurance from first days of January or
July to first days of April or October in Subsec. (b); P.A. 80-482 deleted reference to abolished department of business
regulation; P.A. 81-457 amended Subsec. (b) to require that gross compensation shall not include lump sum payments
made under Sec. 5-210(d); P.A. 81-472 made technical changes; June Sp. Sess. P.A. 83-27 amended Subsec. (b) to establish
a separate schedule of life insurance amounts for any state employee who is not included in any prevailing bargaining unit
contract and who earns at least thirty-three thousand five hundred dollars, to provide that life insurance amounts shall not
be increased because of retroactive salary increases until the first day of April or October following approval of the increase;
P.A. 85-510 amended Subsec. (d) by adding provision that the amount of life insurance of an insured employee who is
retired on or after July 1, 1982, under the provisions of Sec. 5-173 shall be one-half of the amount of insurance for which
the employee was insured immediately before retirement, regardless of the employee's number of years of service; P.A.
87-403 amended Subsec. (b) to increase the life insurance maximum to eighty-five thousand dollars for certain employees
not in collective bargaining, and added Subsec. (e) which established a supplemental life insurance plan for employees
not in collective bargaining who earn at least forty-five thousand five hundred dollars per year; P.A. 88-349 expanded
eligibility for insurance under section to include each member of the general assembly, six months after taking office; P.A.
96-168 amended Subsec. (d) changing reference to "subsection (x)" to "subdivision (25)", effective July 1, 1996; P.A. 98-106 amended Subsec. (d) to increase the life insurance minimum to ten thousand dollars for certain employees retired
before, on or after July 1, 1998, effective July 1, 1998; May Sp. Sess. P.A. 04-2 added Subsec. (f) defining "employee",
for purposes of section, to include an elected official in the executive branch, effective May 12, 2004; P.A. 05-63 amended
Subsec. (a) to make technical changes, insert Subdiv. designators (1) and (2), and add provision in Subdiv. (1) that no
employee or member shall be eligible for a policy as both a retiree and an active employee or member, but may maintain
existing policies, effective July 1, 2005.
Sec. 5-259. Hospitalization and medical and surgical insurance plan. Eligibility. Coverage for other groups under plan. Eligibility of general workers for leave.
Municipal Employee Health Insurance Plan. (a) The Comptroller, with the approval
of the Attorney General and of the Insurance Commissioner, shall arrange and procure
a group hospitalization and medical and surgical insurance plan or plans for (1) state
employees, (2) members of the General Assembly who elect coverage under such plan
or plans, (3) participants in an alternate retirement program who meet the service requirements of section 5-162 or subsection (a) of section 5-166, (4) anyone receiving benefits
under section 5-144 or from any state-sponsored retirement system, except the teachers'
retirement system and the municipal employees retirement system, (5) judges of probate
and Probate Court employees, (6) the surviving spouse, and any dependent children
until they reach the age of eighteen, of a state police officer, a member of an organized
local police department, a firefighter or a constable who performs criminal law enforcement duties who dies before, on or after June 26, 2003, as the result of injuries received
while acting within the scope of such officer's or firefighter's or constable's employment
and not as the result of illness or natural causes, and whose surviving spouse and dependent children are not otherwise eligible for a group hospitalization and medical and
surgical insurance plan, (7) employees of the Capital City Economic Development Authority established by section 32-601, and (8) the surviving spouse and dependent children of any employee of a municipality who dies on or after October 1, 2000, as the
result of injuries received while acting within the scope of such employee's employment
and not as the result of illness or natural causes, and whose surviving spouse and dependent children are not otherwise eligible for a group hospitalization and medical and
surgical insurance plan. For purposes of this subdivision, "employee" means any regular
employee or elective officer receiving pay from a municipality, "municipality" means
any town, city, borough, school district, taxing district, fire district, district department
of health, probate district, housing authority, regional work force development board
established under section 31-3k, flood commission or authority established by special
act or regional planning agency. For purposes of subdivision (6) of this subsection,
"firefighter" means any person who is regularly employed and paid by any municipality
for the purpose of performing firefighting duties for a municipality on average of not
less than thirty-five hours per week. The minimum benefits to be provided by such plan
or plans shall be substantially equal in value to the benefits that each such employee or
member of the General Assembly could secure in such plan or plans on an individual
basis on the preceding first day of July. The state shall pay for each such employee and
each member of the General Assembly covered by such plan or plans the portion of the
premium charged for such member's or employee's individual coverage and seventy
per cent of the additional cost of the form of coverage and such amount shall be credited
to the total premiums owed by such employee or member of the General Assembly for
the form of such member's or employee's coverage under such plan or plans. On and
after January 1, 1989, the state shall pay for anyone receiving benefits from any such
state-sponsored retirement system one hundred per cent of the portion of the premium
charged for such member's or employee's individual coverage and one hundred per
cent of any additional cost for the form of coverage. The balance of any premiums
payable by an individual employee or by a member of the General Assembly for the
form of coverage shall be deducted from the payroll by the State Comptroller. The total
premiums payable shall be remitted by the Comptroller to the insurance company or
companies or nonprofit organization or organizations providing the coverage. The
amount of the state's contribution per employee for a health maintenance organization
option shall be equal, in terms of dollars and cents, to the largest amount of the contribution per employee paid for any other option that is available to all eligible state employees
included in the health benefits plan, but shall not be required to exceed the amount of
the health maintenance organization premium.
(b) The insurance coverage procured under subsection (a) of this section for active
state employees, employees of the Connecticut Institute for Municipal Studies, anyone
receiving benefits from any such state-sponsored retirement system and members of
the General Assembly, who are over sixty-five years of age, may be modified to reflect
benefits available to such employees or members pursuant to Social Security and medical benefits programs administered by the federal government, provided any payments
required to secure such benefits administered by the federal government shall be paid
by the Comptroller either directly to the employee or members or to the agency of the
federal government authorized to collect such payments.
(c) On October 1, 1972, the Comptroller shall continue to afford payroll deduction
services for employees participating in existing authorized plans covering state employees until such time as the employee elects in writing to be covered by the plan authorized
by subsection (a) of this section.
(d) Notwithstanding the provisions of subsection (a) of this section, the state shall
pay for a member of any such state-sponsored retirement system, or a participant in an
alternate retirement program who meets the service requirements of section 5-162 or
subsection (a) of section 5-166, and who begins receiving benefits from such system or
program on or after November 1, 1989, eighty per cent of the portion of the premium
charged for his individual coverage and eighty per cent of any additional cost for his
form of coverage. Upon the death of any such member, any surviving spouse of such
member who begins receiving benefits from such system shall be eligible for coverage
under this section and the state shall pay for any such spouse eighty per cent of the
portion of the premium charged for his individual coverage and eighty per cent of any
additional cost for his form of coverage.
(e) Notwithstanding the provisions of subsection (a) of this section, (1) vending
stand operators eligible for membership in the state employee's retirement system pursuant to section 5-175a, shall be eligible for coverage under the group hospitalization and
medical and surgical insurance plans procured under this section, provided the cost for
such operators' insurance coverage shall be paid by the Board of Education and Services
for the Blind from vending machine income pursuant to section 10-303, and (2) blind
persons employed in workshops, established pursuant to section 10-298a, on December
31, 2002, shall be eligible for coverage under the group hospitalization and medical and
surgical insurance plans procured under this section, provided the cost for such persons'
insurance coverage shall be paid by the Board of Education and Services for the Blind.
General workers employed in positions by the Department of Mental Retardation as
self-advocates, not to exceed ten employees, shall be eligible for sick leave, in accordance with section 5-247, vacation and personal leave, in accordance with section 5-250,
and holidays, in accordance with section 5-254.
(f) The Comptroller, with the approval of the Attorney General and of the Insurance
Commissioner, shall arrange and procure a group hospitalization and medical and surgical insurance plan or plans for any person who adopts a child from the state foster care
system, any person who has been a foster parent for the Department of Children and
Families for six months or more, a parent in a permanent family residence for six months
or more, and any dependent of such adoptive parent, foster parent or parent in a permanent family residence who elects coverage under such plan or plans. The Comptroller
may also arrange for inclusion of such person and any such dependent in an existing
group hospitalization and medical and surgical insurance plan offered by the state. Any
adoptive parent, foster parent or a parent in a permanent family residence and any dependent who elects coverage shall pay one hundred per cent of the premium charged for
such coverage directly to the insurer, provided such adoptive parent, foster parent or
parent and all such dependents shall be included in such group hospitalization and medical and surgical insurance plan. A person and his dependents electing coverage pursuant
to this subsection shall be eligible for such coverage until no longer an adoptive parent,
a foster parent or a parent in a permanent family residence. An adoptive parent shall be
eligible for such coverage until the adopted child reaches the age of eighteen or, if the
child has not completed a secondary education program, until such child reaches the
age of twenty-one. As used in this section "dependent" means a spouse or natural or
adopted child if such child is wholly or partially dependent for support upon the adoptive
parent, foster parent or parent in a permanent family residence.
(g) Notwithstanding the provisions of subsection (a) of this section, the Probate
Court Administration Fund established in accordance with section 45a-82, shall pay for
each probate judge and Probate Court employee not more than one hundred per cent of
the portion of the premium charged for his individual coverage and not more than fifty
per cent of any additional cost for his form of coverage. The remainder of the premium
for such coverage shall be paid by the probate judge or Probate Court employee to the
State Treasurer. Payment shall be credited by the State Treasurer to the fund established
by section 45a-82. The total premiums payable shall be remitted by the Probate Court
Administrator directly to the insurance company or companies or nonprofit organization
or organizations providing the coverage. The Probate Court Administrator shall establish regulations governing group hospitalization and medical and surgical insurance in
accordance with subdivision (1) of subsection (b) of section 45a-77.
(h) For the purpose of subsection (g) of this section, "Probate Court employee"
means a person employed by a probate court for at least twenty hours per week.
(i) The Comptroller may provide for coverage of employees of municipalities, nonprofit corporations, community action agencies and small employers and individuals
eligible for a health coverage tax credit, retired members or members of an association
for personal care assistants under the plan or plans procured under subsection (a) of
this section, provided: (1) Participation by each municipality, nonprofit corporation,
community action agency, small employer, eligible individual, retired member or association for personal care assistants shall be on a voluntary basis; (2) where an employee
organization represents employees of a municipality, nonprofit corporation, community
action agency or small employer, participation in a plan or plans to be procured under
subsection (a) of this section shall be by mutual agreement of the municipality, nonprofit
corporation, community action agency or small employer and the employee organization
only and neither party may submit the issue of participation to binding arbitration except
by mutual agreement if such binding arbitration is available; (3) no group of employees
shall be refused entry into the plan by reason of past or future health care costs or claim
experience; (4) rates paid by the state for its employees under subsection (a) of this
section are not adversely affected by this subsection; (5) administrative costs to the plan
or plans provided under this subsection shall not be paid by the state; (6) participation
in the plan or plans in an amount determined by the state shall be for the duration of the
period of the plan or plans, or for such other period as mutually agreed by the municipality, nonprofit corporation, community action agency, small employer, retired member
or association for personal care assistants and the Comptroller; and (7) nothing in this
section or section 12-202a, 38a-551, 38a-553 or 38a-556 shall be construed as requiring
a participating insurer or health care center to issue individual policies to individuals
eligible for a health coverage tax credit. The coverage provided under this section may
be referred to as the "Municipal Employee Health Insurance Plan". The Comptroller
may arrange and procure for the employees and eligible individuals under this subsection
health benefit plans that vary from the plan or plans procured under subsection (a) of
this section. Notwithstanding any provision of part V of chapter 700c, the coverage
provided under this subsection may be offered on either a fully underwritten or risk-pooled basis at the discretion of the Comptroller. For the purposes of this subsection,
(A) "municipality" means any town, city, borough, school district, taxing district, fire
district, district department of health, probate district, housing authority, regional work
force development board established under section 31-3k, regional emergency telecommunications center, tourism district established under section 32-302, flood commission
or authority established by special act, regional planning agency, transit district formed
under chapter 103a, or the Children's Center established by number 571 of the public
acts of 1969; (B) "nonprofit corporation" means (i) a nonprofit corporation organized
under 26 USC 501 that has a contract with the state or receives a portion of its funding
from a municipality, the state or the federal government, or (ii) an organization that is
tax exempt pursuant to 26 USC 501(c)(5); (C) "community action agency" means a
community action agency, as defined in section 17b-885; (D) "small employer" means
a small employer, as defined in subparagraph (A) of subdivision (4) of section 38a-564;
(E) "eligible individuals" or "individuals eligible for a health coverage tax credit" means
individuals who are eligible for the credit for health insurance costs under Section 35
of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue
code of the United States, as from time to time amended, in accordance with the Pension
Benefit Guaranty Corporation and Trade Adjustment Assistance programs of the Trade
Act of 2002 (P.L. 107-210); (F) "association for personal care assistants" means an
organization composed of personal care attendants who are employed by recipients of
service (i) under the home-care program for the elderly under section 17b-342, (ii) under
the personal care assistance program under section 17b-605a, (iii) in an independent
living center pursuant to sections 17b-613 to 17b-615, inclusive, or (iv) under the program for individuals with acquired brain injury as described in section 17b-260a; and
(G) "retired members" means individuals eligible for a retirement benefit from the Connecticut municipal employees' retirement system.
(j) (1) Notwithstanding any provision of law to the contrary, the existing rights and
obligations of state employee organizations and the state employer under current law
and contract shall not be impaired by the provisions of this section. (2) Other conditions
of entry for any group into the plan or plans procured under subsection (a) of this section
shall be determined by the Comptroller upon the recommendation of a coalition committee established pursuant to subsection (f) of section 5-278, except for such conditions
referenced in subsection (g) of this section. (3) Additional determinations by the Comptroller on (A) issues generated by any group's actual or contemplated participation in
the plan or plans, (B) modifications to the terms and conditions of any group's continued
participation, (C) related matters shall be made upon the recommendation of such committee. (4) Notwithstanding any provision of law to the contrary, a municipal employer
and an employee organization may upon mutual agreement reopen a collective bargaining agreement for the exclusive purpose of negotiating on the participation by such
municipal employer or employee organization in the plan or plans offered under the
provisions of this section.
(k) The Comptroller shall submit annually to the General Assembly a review of the
coverage of employees of municipalities, nonprofit corporations, community action
agencies, small employers under subsection (i) of this section and eligible individuals
under subsection (i) of this section beginning February 1, 2004.
(l) (1) Effective July 1, 1996, any deputies or special deputies appointed pursuant
to section 6-37 of the general statutes, revision of 1958, revised to 1999, or section 6-43, shall be allowed to participate in the plan or plans procured by the Comptroller
pursuant to subsection (a) of this section. Such participation shall be voluntary and the
participant shall pay the full cost of the coverage under such plan.
(2) Effective December 1, 2000, any state marshal shall be allowed to participate
in the plan or plans procured by the Comptroller pursuant to subsection (a) of this section.
Such participation shall be voluntary and the participant shall pay the full cost of the
coverage under such plan.
(3) Effective December 1, 2000, any judicial marshal shall be allowed to participate
in the plan or plans procured by the Comptroller pursuant to subsection (a) of this section.
Such participation shall be voluntary and the participant shall pay the full cost of the
coverage under such plan unless and until the judicial marshals participate in the plan
or plans procured by the Comptroller under section 5-259 through collective bargaining
negotiations pursuant to subsection (f) of section 5-278.
(1967, P.A. 657, S. 66; 1969, P.A. 641, S. 1; 805, S. 1, 2; 1972, P.A. 161, S. 1, 2; P.A. 77-614, S. 163, 610; P.A. 78-163, S. 1, 2; 78-228, S. 4, 8; P.A. 79-555, S. 1, 3; P.A. 82-388, S. 2; P.A. 83-437; 83-533, S. 41, 54; P.A. 84-544, S. 5, 8;
P.A. 85-510, S. 16, 35; P.A. 86-366, S. 1; P.A. 87-370, S. 1, 2; P.A. 88-164, S. 1, 2; P.A. 89-323, S. 2, 4; P.A. 90-109; 90-308, S. 6, 15; P.A. 91-66; P.A. 93-91, S. 1, 2; P.A. 93-429, S. 6, 7.; P.A. 94-216, S. 3, 4; P.A. 96-110, S. 1, 4; 96-234, S.
1, 2; June 18 Sp. Sess. P.A. 97-2, S. 137, 165; P.A. 98-263, S. 10, 21; June Sp. Sess. P.A. 98-1, S. 2, 121; P.A. 99-124, S.
2-4; 99-240, S. 25; 99-241, S. 52, 66; P.A. 00-99, S. 133, 154; 00-112, S. 2, 5; 00-187, S. 71, 75; 00-197; P.A. 01-30, S.
1, 4; 01-195, S. 6, 181; P.A. 02-140, S. 7; P.A. 03-149, S. 1; 03-181, S. 1; 03-254, S. 2; June 30 Sp. Sess. P.A. 03-3, S. 31;
June 30 Sp. Sess. P.A. 03-6, S. 63, 64; P.A. 04-53, S. 1; P.A. 05-6, S. 1; 05-238, S. 1; 05-256, S. 1.)
History: 1969 acts added to payment by state for each employee "one-half of the additional cost of his form of coverage",
previously employee paid total cost of additional coverage and provided for group of employees to seek alternate coverage
similarly paid by state in Subsecs. (a) and (c); 1972 act repealed amendments enacted by 1969 act and all of Subsec. (c),
leaving state as sole agent for its employees' insurance; P.A. 77-614 made insurance department a division within the
department of business regulation with insurance commissioner as its head, effective January 1, 1979; P.A. 78-163 allowed
general assembly members to elect coverage under state plan with payment made by member to comptroller; P.A. 78-228
allowed retired state employees to elect coverage with ten per cent paid by state and payment as a whole by deduction
from benefits check; P.A. 79-555 included in provisions for retirees anyone receiving benefits and included assembly
members under provisions for state employees; P.A. 82-388 amended Subsec. (a) to provide that the dollar amount paid
by the state for an employee's health maintenance organization option shall equal the largest amount paid per employee
for any other health insurance option which is available to all state employees, provided such amount does not exceed the
health maintenance organization premium; P.A. 83-437 amended Subsecs. (a) and (b) to replace references to "state
employees retirement system" with "any state-sponsored retirement system, except the municipal employees retirement
system, the general assembly pension system and the probate judges and employees retirement system"; P.A. 83-533
changed state's payment from fifty to seventy per cent of cost of additional coverage for employees and from ten to thirty
per cent of cost of coverage for retirees; P.A. 84-544 amended Subsec. (a) to include certain participants in an alternate
retirement program and to exclude persons receiving benefits from the teachers' retirement system; P.A. 85-510 amended
Subsec. (a) to increase the state payment for premiums for anyone receiving benefits from state-sponsored retirement
systems from thirty per cent to forty-five per cent of such premiums, on and after January 1, 1984; P.A. 86-366 amended
Subsec. (a) to increase, from forty-five per cent to sixty per cent, the portion of health insurance premium costs paid by
the state for retired state employees and their dependents, such increase to begin October 1, 1986; P.A. 87-370 amended
Subsec. (a) to increase, from sixty to eighty per cent, the portion of health insurance premium costs paid by the state for
retired state employees and their dependents; P.A. 88-164 amended Subsec. (a) to increase the state payment for premiums
for persons receiving benefits from certain state-sponsored retirement systems from eighty per cent to one hundred per
cent of such premiums, on and after January 1, 1989; P.A. 89-323 added Subsec. (d) re state's payment of eighty per cent
of health insurance premiums on behalf of members who begin receiving benefits on or after November 1, 1989; P.A. 90-109 added Subsec. (e) re eligibility of vending stand operators and blind persons employed in workshops for insurance
coverage; P.A. 90-308 amended Subsec. (a) to delete provision which excluded persons receiving benefits from the general
assembly pension system from eligibility for insurance coverage under plan or plans procured by comptroller; P.A. 91-66
added Subsec. (f) re eligibility of foster parents and parents in permanent family residences for insurance coverage; P.A.
93-91 substituted commissioner and department of children and families for commissioner and department of children
and youth services, effective July 1, 1993; P.A. 93-429 inserted new Subdiv. (3) in Subsec. (a) to require the comptroller
to procure health insurance coverage for employees of the Connecticut Institute for Municipal Studies, redesignated existing
Subdivs. (3) and (4) as (4) and (5), respectively, and amended Subsec. (b) to apply to employees of the Institute, effective
July 1, 1993; P.A. 94-216 included dependents of foster parents or parents in a permanent family residence in the group
hospitalization and medical and surgical insurance plan, required premiums to be paid directly to the insurer provided the
parents and dependents shall be included in such plans and added definition of "dependent", effective June 7, 1994; P.A.
96-110 amended Subsec. (a) by deleting the exception re the probate judges and employees retirement system and adding
Subdiv. (6) re judges of probate and probate court employees and added Subsec. (g) re payment of premium by Probate
Court Administration Fund and remainder by probate judge or employee, with total premiums remitted by Probate Court
Administrator directly to insurance company and requiring Probate Court Administrator to establish regulations and added
Subsec. (h) defining "probate court employee", effective January 1, 1997; P.A. 96-234 added Subsecs. (g) to (j), inclusive,
codified as Subsecs. (i) to (l), inclusive, to permit the Comptroller to provide for coverage of municipal employees under
the plan or plans procured under Subsec. (a) of the section, effective July 1, 1996 (Revisor's note: In codifying new Subsec.
(j) the Revisors editorially changed the Subpara. indicators in Subdiv. (3) from "(i)", "(ii)" and "(iii)" to "(A)", "(B)" and
"(C)" for consistency with customary statutory usage); June 18 Sp. Sess. P.A. 97-2 amended Subsec. (e) by providing that
the cost of insurance coverage of a blind person employed in a workshop shall be paid by the Board of Education and
Services for the Blind and not from such person's earnings, effective July 1, 1997; P.A. 98-263 amended Subdiv. (5) of
Subsec. (a) to include anyone receiving benefits under Sec. 5-144, effective July 1, 1998, and applicable to any death
occurring on or after January 1, 1998; June Sp. Sess. P.A. 98-1 made a technical change in Subsec. (h), effective June 24,
1998; P.A. 99-124 amended Subsec. (i) to redefine "municipality" and added new Subsec. (m) to allow the Comptroller
to provide for coverage of employees of community action agencies under the plan or plans procured under Subsec. (a)
of the section, effective July 1, 1999; P.A. 99-240 amended Subsec. (a) by adding Subdiv. (7) providing coverage for the
spouse and dependent children of a local police officer or constable who dies in the line of duty; P.A. 99-241 amended
Subsec. (a) to add a new Subdiv., designated as Subdiv. (8) by the Revisors, adding employees of the Capital City Economic
Development Authority, effective June 28, 1999, and applicable to calendar years commencing on or after January 1, 1999;
P.A. 00-99 amended Subsec. (l) by designating existing provisions as Subdiv. (1) and adding Subdivs. (2) and (3) re
participation of state marshals and judicial marshals, effective December 1, 2000; P.A. 00-112 amended Subsec. (a) to
make technical changes, effective May 26, 2000; P.A. 00-187 amended Subsec. (i) to add the Children's Center, effective
July 1, 2000 (Revisor's note: A reference to the "Children's Center established by public act 69-571" was changed editorially
by the Revisors to "Children's Center established by number 571 of the public acts of 1969", for accuracy of reference,
since the use of the year number prefix in the numbering of public and special acts was not adopted until 1973); P.A. 00-197 amended Subsec. (a) by adding Subdiv. (9) re the surviving spouse and dependent children of a municipal employee;
P.A. 01-30 amended Subsec. (i) to include coverage for employees of nonprofit corporations and define "nonprofit corporations", and to allow the Comptroller to offer alternate plans to municipal and nonprofit employees, effective July 1, 2001;
P.A. 01-195 amended Subsec. (l)(1) by adding specific general statute revision reference for the appointment of deputies
or special deputies, effective July 11, 2001; P.A. 02-140 amended Subsec. (a) by deleting Subdiv. (3) re the Connecticut
Institute for Municipal Studies and redesignating existing Subdivs. (4) to (9) as Subdivs. (3) to (8), effective July 1, 2002;
P.A. 03-149 amended Subsec. (i) to provide that the Comptroller may provide coverage for employees of community
action agencies and small employers, make conforming changes, add "if such binding arbitration is available" in Subdiv.
(2), delete reference to approval of the Secretary of the Office of Policy and Management re plans that vary from those
procured under Subsec. (a), rewrite provisions re plans being offered on a fully underwritten basis or a risk-pooled basis,
provide that coverage offered to small employers be fully underwritten in accordance with part V of chapter 700c, and
add Subparas. (C) and (D) defining "community action agency" and "small employer", amended Subsec. (k) to require
review to cover municipalities, nonprofit corporations, community action agencies and small employers beginning February 1, 2004, deleted Subsec. (m) re coverage of community action agencies, and made technical changes, effective June
26, 2003; P.A. 03-181 amended Subsec. (a) to eliminate provision re termination of coverage for surviving spouses and
dependent children upon remarriage of the surviving spouse, add coverage for surviving spouses of state police officers
and firefighters and add provision re surviving spouse and dependent children not otherwise eligible for group plan in
Subdiv. (6), define "firefighter" for purposes of Subdiv. (6) and make technical changes, effective June 26, 2003; P.A. 03-254 amended Subsec. (i) by redefining "municipality" to include regional emergency telecommunications centers and
tourism districts; June 30 Sp. Sess. P.A. 03-3 amended Subsec. (i) by adding provisions re coverage for members of an
association for personal care assistants and adding definition of such association, effective August 20, 2003; June 30 Sp.
Sess. P.A. 03-6 amended Subsec. (i) by adding provisions re coverage for individuals eligible for a health coverage tax
credit, adding Subdiv. (7) re issuance of individual policies to health coverage tax credit eligible persons not construed as
required and adding Subpara. (E) defining "individuals eligible for a health coverage tax credit", and amended Subsec.
(k) to add provision re eligible individuals under Subsec. (i), effective August 20, 2003; P.A. 04-53 amended Subsec. (f)
to extend coverage to parents who adopt a child from the state foster care system and to make conforming and technical
changes; P.A. 05-6 amended Subsec. (e) to make a technical change and specify that blind persons employed in workshops
"on December 31, 2002," are eligible for group hospitalization and medical and surgical plans procured under this section,
effective April 6, 2005; P.A. 05-238 amended Subsec. (i) to add and define "retired members", amend Subdiv. (7) to
substitute specific statutory references for "public act 03-6 of the June 30 special session", provide that the coverage under
the section may be referred to as the "Municipal Employee Health Insurance Plan", substitute "part V of chapter 700c"
for "law", delete requirement that coverage for small employers be fully underwritten, redefine "nonprofit corporation",
"small employer" and "individuals eligible for a health coverage tax credit", add "or any subsequent corresponding internal
revenue code of the United States, as from time to time amended" re the Internal Revenue Code, and make technical
changes, effective July 8, 2005; P.A. 05-256 amended Subsec. (e) to provide that general workers employed by Department
of Mental Retardation shall be eligible for specified leave and holidays, effective June 30, 2005.
Sec. 5-266a. Political activities of classified state employees and Judicial Department employees. Candidacy for office. Leave of absence or resignation upon
taking elective office. (a) No person employed in the classified state service or in the
Judicial Department may (1) use his official authority or influence for the purpose of
interfering with or affecting the result of an election or a nomination for office; or (2)
directly or indirectly coerce, attempt to coerce, command or advise a state or local
officer or employee to pay, lend or contribute anything of value to a party, committee,
organization, agency or person for political purposes.
(b) A person employed in said classified service or Judicial Department retains the
right to vote as he chooses and to express his opinions on political subjects and candidates
and shall be free to participate actively in political management and campaigns. Such
activity may include but shall not be limited to, membership and holding of office in a
political party, organization or club, campaigning for a candidate in a partisan election
by making speeches, writing on behalf of the candidate or soliciting votes in support of
or in opposition to a candidate and making contributions of time and money to political
parties, committees or other agencies engaged in political action, except that no such
employee shall engage in such activity while on duty or within any period of time during
which such employee is expected to perform services for which he receives compensation from the state, and no such employee shall utilize state funds, supplies, vehicles,
or facilities to secure support for or oppose any candidate, party, or issue in a political
partisan election. Notwithstanding the provisions of this subsection, any person employed in the classified state service or in the Judicial Department may be a candidate
for a state or municipal office, in any political partisan election. No person seeking or
holding municipal office or seeking state office in accordance with the provisions of
this subsection shall engage in political activity or in the performance of the duties of
such office while on state duty or within any period of time during which such person
is expected to perform services for which such person receives compensation from the
state. The Citizen's Ethics Advisory Board shall establish by regulation definitions of
conflict of interest which shall preclude persons in the classified state service or in the
Judicial Department from holding elective office.
(c) Any person employed in the classified state service or in the Judicial Department
who leaves such service to accept a full-time elective municipal office shall be granted
a personal leave of absence without pay from his state employment for not more than
two consecutive terms of such office or for a period of four years, whichever is shorter.
Upon reapplication for his original position at the expiration of such term or terms of
office, such person shall be reinstated in his most recent state position or a similar
position with equivalent pay or to a vacancy in any other position such person is qualified
to fill. If no such positions are available, such person's name shall be placed on all
reemployment lists for classes in which he has attained permanent status. Any person
employed in the classified state service or in the Judicial Department who accepts an
elective state office shall resign from such employment upon taking such office. In either
event, such person shall give notice in writing to his appointing authority that he is a
candidate for a state elective office or a full-time elective municipal office within thirty
days after nomination for that office.
(1971, P.A. 103, S. 1; P.A. 75-356, S. 1, 2; P.A. 76-424, S. 3, 4; P.A. 78-271; P.A. 79-275; P.A. 83-36; P.A. 84-532,
S. 1, 3; P.A. 03-278, S. 10; P.A. 05-183, S. 32.)
History: P.A. 75-356 removed prohibition on taking active part in political management or campaigns in Subsec. (a) and
amended Subsec. (b) to clarify permissible and impermissible political activity; P.A. 76-424 removed provision regarding
candidacy in nonpartisan elections from Subsec. (b); P.A. 78-271 removed absolute prohibition on candidacy in partisan
elections, allowing candidacy for municipal elections, setting forth appropriate conduct and providing for regulations
concerning conflict of interest; P.A. 79-275 added Subsec. (c) re leave of absence to serve in municipal office; P.A. 83-36 permitted classified state employees to seek state elective office, provided upon accepting any such office the employee
must resign from his position in the classified state service; P.A. 84-532 included judicial department employees within
the provisions of the section and removed provision that a local charter or ordinance could supersede employees' right to
run for municipal office; P.A. 03-278 made a technical change in Subsec. (a), effective July 9, 2003; P.A. 05-183 amended
Subsec. (b) to replace "State Ethics Commission" with "Citizen's Ethics Advisory Board", effective July 1, 2005.