CHAPTER 113
MUNICIPAL EMPLOYEES

Table of Contents

Sec. 7-433c. Benefits for policemen or firemen disabled or dead as a result of hypertension or heart disease.
Sec. 7-450. Establishment of pension, retirement or other postemployment health and life benefit systems.
Sec. 7-450a. Actuarial evaluation of municipal pension, retirement or other postemployment health and life benefit systems.
Sec. 7-465. Assumption of liability for damage caused by employees or members of local emergency planning districts. Joint liability of municipalities in district department of health or regional planning agency.

PART II
RETIREMENT

      Sec. 7-433c. Benefits for policemen or firemen disabled or dead as a result of hypertension or heart disease.

      Town constable was not regular member of a paid municipal police department for purposes of receiving benefits under Heart and Hypertension Act. 275 C. 246.

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      Sec. 7-450. Establishment of pension, retirement or other postemployment health and life benefit systems. (a) Any municipality or subdivision thereof may, by ordinance, establish pension, retirement, or other postemployment health and life benefit systems for its officers and employees and their beneficiaries, or amend any special act concerning its pension, retirement, or other postemployment health and life benefit systems, toward the maintenance in sound condition of a pension, retirement, or other postemployment health and life benefit fund or funds, provided the rights or benefits granted to any individual under any municipal pension or retirement system shall not be diminished or eliminated. The legislative body of any such municipality, by a two-thirds vote, may provide for pensions to persons, including survivors' benefits for widows of such persons, not included in such pension or retirement system.

      (b) The provisions of subsection (a) of this section shall not operate to invalidate the establishment of any postemployment health and life benefit system duly established prior to October 1, 2005, by any municipality or subdivision thereof, pursuant to the provisions of any public or special act, charter, special act charter, home-rule ordinance, local ordinance or local law.

      (1949 Rev., S. 903; 1957, P.A. 13, S. 48; February, 1965, P.A. 338, S. 1; 1967, P.A. 568; 642, S. 1; P.A. 05-202, S. 2.)

      History: 1965 act included provisions for survivors' benefits for widows of officials and employees; 1967 acts deleted phrase concerning specific appropriations for pensions to persons not included in retirement system or their widows and protected rights and benefits under system from diminishment or elimination as a result of any amendments to the system; P.A. 05-202 divided section into Subsecs. (a) and (b) and added provisions re postemployment health and life benefit systems.

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      Sec. 7-450a. Actuarial evaluation of municipal pension, retirement or other postemployment health and life benefit systems. (a) Any municipality, in which a pension, retirement, or other postemployment health and life benefit system applicable with respect to any employees of such municipality has been established by ordinance or under the authority of any public or special act, charter or special act charter, shall have prepared, no less often than once every five years commencing July 1, 1977, an actuarial evaluation of such system, including evaluation of accumulated or past service liability and the annual liability related to benefits currently earned under such system. Such evaluation shall be prepared by an actuary enrolled by the joint board for the enrollment of actuaries established under Subtitle C of Title III of the federal act entitled Employee Retirement Income Security Act of 1974, and such evaluation shall be prepared on the basis of such assumptions as to interest earnings, mortality experience, employee turnover and any other factors affecting future liabilities under such system, which in the judgment of such actuary represent the best estimate as to future experience under such system.

      (b) No ordinance or act altering the pension, retirement, or other postemployment health and life benefit system shall be enacted until the legislative body, as defined in subsection (3) of section 7-425, has requested and received a qualified cost estimate from such enrolled actuary.

      (c) Any municipality subject to the requirements in subsection (a) of this section shall have prepared, within six months following the adoption of any amendment to such system increasing benefits to any extent, in addition to such evaluations as required under subsection (a), a revision of the last preceding evaluation reflecting the increase in potential municipal liability under such system. If such amendment is adopted within one year preceding a date on which an actuarial evaluation is required under subsection (a) of this section, an additional evaluation shall not be required.

      (d) Any actuarial evaluation prepared for a municipality in accordance with this section shall be delivered to the chief fiscal officer of such municipality who shall file a certified copy thereof with the town or city clerk for custody in the manner of other public records. A summary of such evaluation, including a statement prepared by the actuary as to the amount of annual payment that should be made for proper funding on the basis of such evaluation with respect to benefits currently earned and the accumulated or past service liability, shall be included in the first annual report of the municipality next following completion of each such evaluation.

      (P.A. 77-468, S. 1, 2; P.A. 05-202, S. 3.)

      History: P.A. 05-202 added provisions re postemployment health and life benefit systems in Subsecs. (a) and (b) and made a technical change in Subsec. (c).

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PART III
GENERAL PROVISIONS

      Sec. 7-465. Assumption of liability for damage caused by employees or members of local emergency planning districts. Joint liability of municipalities in district department of health or regional planning agency.

      Defendant's pleadings did meet standard for summary judgment. 87 CA 353. Court properly granted defendant's motion for summary judgment on the ground of municipal immunity because plaintiffs brought suit under this section without also suing a municipal employee or agent. Id.

      Town's liability is dependent on and derivative of finding of negligence on the part of municipal employee. 49 CS 15.

      Subsec. (a):

      Except for indemnification actions, statute does not permit separate cause of action to be brought against a town, and in this case, plaintiff could not prevail on grounds that town failed to give timely notice of intent to represent both the municipality and employee. 85 CA 383.

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