Connecticut 2019 Regular Session

Connecticut Senate Bill SB01119 Compare Versions

OldNewDifferences
11
22
3-LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-R01-
4-SB.docx
5-1 of 51
3+LCO No. 6660 1 of 2
64
7-General Assembly Substitute Bill No. 1119
5+General Assembly Raised Bill No. 1119
86 January Session, 2019
7+LCO No. 6660
8+
9+
10+Referred to Committee on APPROPRIATIONS
11+
12+
13+Introduced by:
14+(APP)
915
1016
1117
1218
13-
14-AN ACT CONCERNING RE VISIONS TO THE TEACHERS'
19+AN ACT CONCERNING EX PENDITURES FOR THE STATE
20+EMPLOYEES RETIREMENT SYSTEM AND THE TEACH ERS'
1521 RETIREMENT SYSTEM.
1622 Be it enacted by the Senate and House of Representatives in General
1723 Assembly convened:
1824
19-Section 1. Section 10-183b of the general statutes is repealed and the 1
20-following is substituted in lieu thereof (Effective July 1, 2019): 2
21-As used in this chapter, unless the context otherwise requires: 3
22-(1) "Actuarial reserve basis" means a basis under which the 4
23-liabilities of the retirement system are determined under acceptable 5
24-actuarial methods and under which assets are accumulated under a 6
25-program designed to achieve a proper balance between the 7
26-accumulated assets and the liabilities of the system. 8
27-(2) "Accumulated regular contributions" means the sum of all 9
28-mandatory contributions credited to a member's account, plus any 10
29-credited interest applied to such account. 11
30-[(2)] (3) "Amortization of unfunded liabilities" means a systematic 12
31-program of annual payments determined as a level per cent of 13
32-expected member annual salaries in lieu of a lump sum payment. 14
33-[(3)] (4) "Annual salary" means the annual salary rate for service as a 15
34-Connecticut teacher during a school year but not including unused 16 Substitute Bill No. 1119
35-
36-
37-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
38-R01-SB.docx }
39-2 of 51
40-
41-sick leave, unused vacation, terminal pay, coaching or extra duty 17
42-assignments, unless compensation for coaching or extra duty 18
43-assignment was included in salary for which contributions were made 19
44-prior to July 1, 1971. In no event shall annual salary include amounts 20
45-determined by the board to be included for the purpose of inflating the 21
46-member's average annual salary. The inclusion in annual salary of 22
47-amounts paid to the member, in lieu of payment by the employer for 23
48-the cost of benefits, insurance, or individual retirement arrangements 24
49-which in prior years had been paid by the employer and not included 25
50-in the member's annual salary, shall be prima facie evidence that such 26
51-amounts are included for the purpose of inflating the member's 27
52-average annual salary. Annual salary shall not (A) include payments 28
53-the timing of which may be directed by the member, (B) include 29
54-payments to a superintendent pursuant to an individual contract 30
55-between such superintendent and a board of education, of amounts 31
56-which are not included in base salary, or (C) exceed the maximum 32
57-amount allowed under Section 401(a)(17) of the Internal Revenue Code 33
58-for the applicable limitation year, provided in no event shall the 34
59-limitation under Section 401(a)(17) of the Internal Revenue Code apply 35
60-to the annual salary of a member whose membership began prior to 36
61-January 1, 1996, if such limitation would reduce the amount of the 37
62-member's annual salary below the amount permitted for calculation of 38
63-the member's retirement benefit under this chapter, [167a,] without 39
64-regard to the limitation under Section 401(a)(17) of the Internal 40
65-Revenue Code. Annual salary shall include amounts paid to the 41
66-member during a sabbatical leave during which mandatory 42
67-contributions were remitted, provided such member returned to full-43
68-time teaching for at least five full years following the completion of 44
69-such leave. 45
70-[(4)] (5) "Average annual salary" means the average [annual salary 46
71-received during the three years of highest salary] of the three highest 47
72-annual salaries received as an active member. 48
73-[(5)] (6) "Board" means the Teachers' Retirement Board. 49 Substitute Bill No. 1119
74-
75-
76-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
77-R01-SB.docx }
78-3 of 51
79-
80-[(6)] (7) "Child" means a natural child, an adopted child, or a 50
81-stepchild of a deceased member who has been a stepchild for at least 51
82-one year immediately prior to the date on which the member died. A 52
83-child is a "dependent child" of a deceased member if at the time of the 53
84-member's death (A) the member was living with the child or providing 54
85-or obligated to provide, by agreement or court order, a reasonable 55
86-portion of the support of the child, and (B) the child (i) is unmarried 56
87-and has not attained age eighteen, or (ii) is disabled and such disability 57
88-began prior to the child's attaining age eighteen. 58
89-[(7)] (8) "Contributions" means amounts withheld pursuant to this 59
90-chapter and paid to the board by an employer from compensation 60
91-payable to a member. Prior to July 1, 1989, "mandatory contributions" 61
92-are contributions required to be withheld under this chapter and 62
93-consist of five per cent regular contributions and "one per cent 63
94-contributions". From July 1, 1989, to June 30, 1992, "mandatory 64
95-contributions" are contributions required to be withheld under this 65
96-chapter and consist of five per cent regular contributions and one per 66
97-cent health contributions. From July 1, 1992, to June 30, 2004, 67
98-"mandatory contributions" are contributions required to be withheld 68
99-under this chapter and consist of six per cent "regular contributions" 69
100-and one per cent health contributions. From July 1, 2004, to December 70
101-31, 2017, "mandatory contributions" are contributions required to be 71
102-withheld under this chapter and consist of six per cent regular 72
103-contributions and one and one-fourth per cent health contributions. On 73
104-and after January 1, 2018, "mandatory contributions" are contributions 74
105-required to be withheld under this chapter and consist of seven per 75
106-cent "regular contributions" and one and one-fourth per cent health 76
107-contributions. "Voluntary contributions" are contributions by a 77
108-member authorized to be withheld under section 10-183i, as amended 78
109-by this act. 79
110-(9) "Coparticipant" means a designated beneficiary under the 80
111-provisions of subsection (d) of section 10-183j, as amended by this act. 81
112-[(8)] (10) "Credited interest" means interest at the rate from time to 82 Substitute Bill No. 1119
113-
114-
115-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
116-R01-SB.docx }
117-4 of 51
118-
119-time fixed by the board consistent with industry standards and 83
120-practices. Such interest shall be applied to a member's account based 84
121-on the balance as of the previous June thirtieth. Credited interest shall 85
122-be assessed on any mandatory contributions which were due but not 86
123-remitted prior to the close of the school year for which salary was paid. 87
124-[(9)] (11) "Current service" means service rendered in the current 88
125-fiscal year. 89
126-[(10)] (12) "Dependent former spouse" means a former spouse of a 90
127-deceased member who (A) has in his or her care a dependent child of 91
128-the deceased member; and (B) was receiving, or was entitled to receive, 92
129-from the deceased member at the time of the death of the deceased 93
130-member, at least one-half of his or her support; and (C) has not 94
131-remarried; and (D) is the parent of the child or adopted the child while 95
132-married to the member and before the child attained age eighteen or, 96
133-while married to the member, both of them adopted the child before 97
134-the child attained age eighteen. 98
135-[(11)] (13) "Dependent parent" means a parent of a deceased 99
136-member who (A) has reached the age of sixty-five; and (B) has not 100
137-married after the death of the member; and (C) was receiving at least 101
138-one-half of his or her support from the member at the time of the 102
139-member's death and files proof of such support within two years of the 103
140-date of the member's death; and (D) is not receiving, or entitled to a 104
141-federal or state old age benefit based on the parent's own earnings, 105
142-equal to or greater than the amount the parent would be entitled to as 106
143-a dependent parent under this chapter. A "parent of a deceased 107
144-member" is (i) the mother or father of a deceased member; or (ii) a 108
145-stepparent of a deceased member by a marriage entered into before the 109
146-member attained age sixteen; or (iii) an adopting parent of a deceased 110
147-member who adopted the deceased member before the member 111
148-attained age sixteen. 112
149-[(12)] (14) "Designated beneficiary" means a person designated on a 113
150-form prescribed by the board by a member to receive amounts which 114 Substitute Bill No. 1119
151-
152-
153-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
154-R01-SB.docx }
155-5 of 51
156-
157-become payable under this chapter as the result of the member's death 115
158-whether before or after retirement. If a designated beneficiary is not 116
159-living at the time of the death of a member, the amounts that would 117
160-have been payable to the designated beneficiary shall be paid to the 118
161-member's estate. 119
162-(15) "Disability allowance" means the amount payable to a disabled 120
163-member pursuant to the provisions of section 10-183aa. 121
164-[(13)] (16) "Disabled" means the inability to perform any teaching 122
165-service, whether or not such service is performed full-time or part-123
166-time, in a public or nonpublic school or a nonschool setting, on a 124
167-volunteer basis or for compensation, within or without the state of 125
168-Connecticut, or engage in any substantial gainful activity by reason of 126
169-any medically determinable physical or mental impairment [which] 127
170-that (A) is permanent or can be expected to last continually for not less 128
171-than twelve months from the onset of such impairment, or (B) can be 129
172-expected to result in death or to be of long-continued and indefinite 130
173-duration, except that during the first twenty-four months that a 131
174-member is receiving a disability allowance, "disabled" means the 132
175-inability to perform the usual duties of his occupation by reason of any 133
176-such impairment. 134
177-[(14)] (17) "Employer" means an elected school committee, a board 135
178-of education, the State Board of Education, the Office of Early 136
179-Childhood, the Board of Regents for Higher Education or any of the 137
180-constituent units, [the governing body of the Children's Center and its 138
181-successors,] the E. O. Smith School and any other activity, institution 139
182-or school employing members. With respect to members hired prior to 140
183-July 1, 2019, "employer" also means the governing body of the 141
184-Children's Center and its successors. 142
185-[(15)] (18) "Formal leave of absence" means any absence from active 143
186-service in the public schools of Connecticut formally granted by a 144
187-member's employer as evidenced by contemporary records of the 145
188-employer, provided in the case of an absence due to illness, medical or 146 Substitute Bill No. 1119
189-
190-
191-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
192-R01-SB.docx }
193-6 of 51
194-
195-other evidence of such illness may, at the discretion of the Teachers' 147
196-Retirement Board, be accepted in lieu of evidence of the formal 148
197-granting of a leave. 149
198-[(16)] (19) "Formal application of retirement" means (A) the 150
199-member's application, birth certificate or notarized statement 151
200-supported by other evidence satisfactory to the board, in lieu thereof, 152
201-(B) records of service, [when] if such records are required by the board 153
202-to determine a salary rate or years of creditable service, (C) a statement 154
203-of payment plan, [and,] (D) in the case of an application for a disability 155
204-benefit, a physician's or an advanced practice registered nurse's 156
205-statement of health, (E) in the case of a member who is married, a 157
206-marriage certificate, and (F) any other documentation required by the 158
207-board. 159
208-[(17)] (20) "Funding" means the accumulation of assets in advance of 160
209-the payment of retirement allowances in accordance with a definite 161
210-actuarial program. 162
211-[(18)] (21) "Member" means any Connecticut teacher employed for 163
212-an average of at least one-half of each school day, [except that no 164
213-teacher who under any provision of the general statutes elects not to 165
214-participate in the system shall be a member unless and until the 166
215-teacher elects to participate in the system] and who was employed on 167
216-and compensated for the first work day, according to such member's 168
217-schedule, of a school month. Members teaching in a nonpublic school 169
218-classified as a public school [by the board] under the provisions of this 170
219-section may continue as members as long as they continue as teachers 171
220-in such school even if the school ceases to be so classified. A former 172
221-teacher who has not withdrawn his or her accumulated contributions 173
222-shall be an "inactive member". A member who, during the period of a 174
223-formal leave of absence granted by his or her employer, but not 175
224-exceeding an aggregate of ten school months, continues to make 176
225-mandatory contributions to the board, retains his or her status as an 177
226-active member. 178 Substitute Bill No. 1119
227-
228-
229-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
230-R01-SB.docx }
231-7 of 51
232-
233-[(19)] (22) "Normal cost" means the amount of contribution which 179
234-the state is required to make into the retirement fund in order to meet 180
235-the actuarial cost of current service. 181
236-[(20)] (23) "Public school" means any day school conducted within 182
237-or without this state under the orders and superintendence of a duly 183
238-elected school committee, a board of education, the State Board of 184
239-Education, the Office of Early Childhood, the board of governors or 185
240-any of its constituent units, the E. O. Smith School, [the Children's 186
241-Center and its successors, the State Education Resource Center 187
242-established pursuant to section 10-4q of the 2014 supplement to the 188
243-general statutes, revision of 1958, revised to January 1, 2013, the State 189
244-Education Resource Center established pursuant to section 10-357a,] 190
245-joint activities of boards of education authorized by subsection (b) of 191
246-section 10-158a and any institution supported by the state at which 192
247-teachers are employed or any incorporated secondary school not under 193
248-the orders and superintendence of a duly elected school committee or 194
249-board of education but located in a town not maintaining a high school 195
250-and providing free tuition to pupils of the town in which it is located, 196
251-and which has been approved by the State Board of Education under 197
252-the provisions of part II of chapter 164, provided that such institution 198
253-or such secondary school is classified as a public school by the 199
254-retirement board. With respect to members hired prior to July 1, 2019, 200
255-"public school" also means the Children's Center and its successors, the 201
256-State Education Resource Center established pursuant to section 10-4q 202
257-of the 2014 supplement to the general statutes, revision of 1958, revised 203
258-to January 1, 2013, and the State Education Resource Center 204
259-established pursuant to section 10-357a. 205
260-[(21)] (24) "Retirement allowance" means payments for life derived 206
261-from member contributions, including credited interest, and 207
262-contributions from the state. 208
263-(25) "Retired member" means a member receiving a retirement 209
264-benefit as computed under section 10-183g, as amended by this act. 210 Substitute Bill No. 1119
265-
266-
267-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
268-R01-SB.docx }
269-8 of 51
270-
271-[(22)] (26) "School year" means the twelve months ending on June 211
272-thirtieth of each year. 212
273-[(23)] (27) "Surviving spouse" means a widow or widower of a 213
274-deceased member who (A) was living with the member at the time of 214
275-the member's death, or receiving, or entitled by court order or 215
276-agreement to receive, regular support payments from the member, and 216
277-(B) has not remarried. 217
278-[(24)] (28) "Survivors" means a surviving spouse, a dependent 218
279-former spouse, a dependent child and a dependent parent. 219
280-[(25)] (29) "System" means the Connecticut teachers' retirement 220
281-system. 221
282-[(26)] (30) "Teacher" means (A) any teacher, permanent substitute 222
283-teacher, principal, assistant principal, supervisor, assistant 223
284-superintendent or superintendent employed by the public schools in a 224
285-professional capacity while possessing a certificate or permit issued by 225
286-the State Board of Education, provided on and after July 1, 1975, such 226
287-certificate shall be for the position in which the person is then 227
288-employed, except as provided for in section 10-183qq, (B) certified 228
289-personnel hired prior to July 1, 2019, who provide health and welfare 229
290-services for children in nonprofit schools, as provided in section 10-230
291-217a, under an oral or written agreement, (C) any person who is 231
292-engaged in teaching or supervising schools for adults if the annual 232
293-salary paid for such service is equal to or greater than the minimum 233
294-salary paid for a regular, full-time teaching position in the day schools 234
295-in the town where such service is rendered, (D) [a member of the 235
296-professional staff of the State Board of Education,] an employee of the 236
297-Office of Early Childhood [,] or [of] the Board of Regents for Higher 237
298-Education or any of the constituent units, [and] (E) a [member of the] 238
299-staff member of the State Education Resource Center established 239
300-pursuant to section 10-4q of the 2014 supplement to the general 240
301-statutes, revision of 1958, revised to January 1, 2013, or the State 241
302-Education Resource Center established pursuant to section 10-357a, 242 Substitute Bill No. 1119
303-
304-
305-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
306-R01-SB.docx }
307-9 of 51
308-
309-employed in a professional capacity while possessing a certificate or 243
310-permit issued by the State Board of Education, provided such staff 244
311-member was hired prior to July 1, 2019, and (F) any person employed 245
312-as professional staff of the State Board of Education, provided such 246
313-person was a member or inactive member prior to July 1, 2019. A 247
314-"permanent substitute teacher" is one who serves as such for at least 248
315-ten months during any school year. 249
316-[(27)] (31) "Unfunded liability" means the actuarially determined 250
317-value of the liability for service before the date of the actuarial 251
318-valuation less the accumulated assets in the retirement fund. 252
319-[(28)] (32) "Internal Revenue Code" means the Internal Revenue 253
320-Code of 1986, or any subsequent corresponding internal revenue code 254
321-of the United States, as from time to time amended, and any 255
322-regulations promulgated under or interpretations of said code that 256
323-may affect this chapter. 257
324-[(29)] (33) "Limitation year" means the twelve-month period 258
325-beginning each July first and ending each June thirtieth. 259
326-Sec. 2. Section 10-183e of the general statutes is repealed and the 260
327-following is substituted in lieu thereof (Effective July 1, 2019): 261
328-(a) (1) A member shall receive a month of credited service for each 262
329-month of service as a teacher, [provided the Teachers' Retirement 263
330-Board may grant a member] subject to the payment of the mandatory 264
331-contribution for such month. Ten months of credited service shall be 265
332-equal to one year of credited service. A member may not accumulate 266
333-more than one year of credited service during any school year. 267
334-(2) The Teachers' Retirement Board may allow a member to receive 268
335-a month of credited service for a month during which such member 269
336-was employed after the first school day but not later than the fifth 270
337-school day of such month if [(1)] (A) such month was the member's 271
338-first month of service as a teacher, and [(2)] (B) such month of credited 272
339-service is needed by the member in order to qualify for a normal 273 Substitute Bill No. 1119
340-
341-
342-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
343-R01-SB.docx }
344-10 of 51
345-
346-retirement benefit. [Ten months of credited service shall be equal to 274
347-one year of credited service. A member may not accumulate more than 275
348-one year of credited service during any school year.] 276
349-(b) Any member may purchase, as provided in subsection (c) of this 277
350-section, additional credited service, but not to exceed an aggregate of 278
351-one year in the case of service described in subdivision (2) of this 279
352-subsection for each two years of active full-time service as a 280
353-Connecticut teacher; and not to exceed an aggregate of one year in the 281
354-case of absence described in subdivision (8) of this subsection for each 282
355-five years of active full-time service as a Connecticut teacher, provided 283
356-if any such absence exceeds thirty consecutive school months, such 284
357-additional credited service shall be limited to thirty school months; 285
358-and not to exceed an aggregate of ten years for all service described in 286
359-this subsection, except for service described in subdivision (2) of this 287
360-subsection. In no event may any service described in this subsection be 288
361-purchased if the member is receiving or is, or will become, entitled to 289
362-receive a retirement benefit based upon such service from any 290
363-governmental system other than the teachers' retirement system or the 291
364-federal Social Security System. Additional credited service includes: 292
365-(1) Service as a teacher in a school for military dependents 293
366-established by the United States Department of Defense; 294
367-(2) Service as a teacher in the public schools of another state of the 295
368-United States, its territories or possessions; 296
369-(3) Service in the armed forces of the United States in time of war, as 297
370-defined in section 27-103, or service in said armed forces during the 298
371-period beginning October 27, 1953, and ending January 31, 1955; 299
372-(4) Service rendered prior to July 1, 2019, in a permanent, full-time, 300
373-nonteaching position for the state; 301
374-(5) Service as a teacher at The University of Connecticut prior to July 302
375-1, 1965; 303 Substitute Bill No. 1119
376-
377-
378-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
379-R01-SB.docx }
380-11 of 51
381-
382-(6) Service as a teacher at the Wheeler School and Library, North 304
383-Stonington, prior to September 1, 1949; 305
384-(7) Service as a teacher at the Gilbert Home, Winsted, prior to 306
385-September 1, 1948; 307
386-(8) Any formal leave of absence commencing prior to July 1, 2019, as 308
387-provided in regulations adopted by the board, if the member 309
388-subsequently returns to service for at least one school year; 310
389-(9) Service rendered prior to July 1, 2019, as a teacher at the 311
390-American School [at Hartford] for the Deaf, the Connecticut Institute 312
391-for the Blind or the Newington Children's Hospital; 313
392-(10) Forty or more days of service as a substitute teacher, or the 314
393-equivalent service rendered at less than half-time, in a single public 315
394-school system within the state of Connecticut in any school year, 316
395-provided eighteen days of such service shall equal one month of 317
396-credited service under subsection (a) of this section; 318
397-(11) Service in the armed forces of the United States, other than 319
398-service described in subdivision (3) of this subsection, not to exceed 320
399-thirty months; 321
400-(12) Service as a full-time, salaried, elected official of the state or any 322
401-political subdivision of the state during the 1978 calendar year or 323
402-thereafter, if such member subsequently returns to service as a teacher 324
403-in a public school for at least one school year; 325
404-(13) Service in the public schools of Connecticut as a member of the 326
405-federal Teacher Corps, not to exceed two years; 327
406-(14) Service in the United States Peace Corps; 328
407-(15) Service in the United States VISTA (Volunteers in Service to 329
408-America) program; 330
409-(16) Service in the public schools of Connecticut as a social work 331 Substitute Bill No. 1119
410-
411-
412-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
413-R01-SB.docx }
414-12 of 51
415-
416-assistant, from January 1, 1969, to December 31, 1986, inclusive, if such 332
417-member became a certified school social worker and remained in 333
418-public school service as a social worker after certification; and 334
419-(17) Service prior to July 1, 2007, as a member of the staff of the State 335
420-Education Resource Center established pursuant to section 10-4q of the 336
421-general statutes, revision of 1958, revised to January 1, 2007, employed 337
422-in a professional capacity while possessing a certificate or permit 338
423-issued by the State Board of Education. 339
424-Any service described in subdivision (3), (8) or (10) of this subsection 340
425-shall be considered service in the public schools of Connecticut. 341
426-(c) Additional credited service [must] may only be purchased by a 342
427-member (1) prior to the [time] effective date of such member's 343
428-retirement, or (2) at the time a surviving spouse elects benefits under 344
429-the provisions of subsection (d) of section 10-183h, as amended by this 345
430-act. [, or (3) at the time benefits commence as provided under sections 346
431-10-183g and 10-183jj.] Any purchase of such service shall be 347
432-accomplished by the member paying to the board an amount 348
433-determined on the basis of actuarial factors adopted by the board that 349
434-reflect the present value of one-half of the full actuarial cost of the 350
435-benefit increase that will be derived by the purchase of such service, 351
436-except that in the case of purchase of service described in subdivision 352
437-(17) of subsection (b) of this section, or in the case of purchase of 353
438-service described in subdivision (2) of said subsection (b) in excess of 354
439-ten years, the present value of the full actuarial cost. Such factors shall 355
440-consider the member's age at the time of purchase, actual or projected 356
441-salary, and the earliest date on which the member would be eligible for 357
442-a normal retirement allowance. Payments for additional credited 358
443-service may be made in a lump sum by transfer of funds from the 359
444-member's accumulated one per cent contributions withheld prior to 360
445-July 1, 1989, with credited interest and accumulated voluntary 361
446-contributions with credited interest plus such other amounts as may be 362
447-required to complete the purchase. Any such other amount shall be 363
448-deposited directly into such member's regular account. No amount 364 Substitute Bill No. 1119
449-
450-
451-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
452-R01-SB.docx }
453-13 of 51
454-
455-deposited in accordance with this subsection shall be treated as a 365
456-voluntary contribution as described in section 10-183i, as amended by 366
457-this act. 367
458-[(d) For the purpose of determining eligibility for benefits under 368
459-section 10-183f, credited service purchased under subsection (b) of this 369
460-section shall not be used except that (1) service in a school for military 370
461-dependents described in subdivision (1) of subsection (b) of this 371
462-section and out-of-state public school service described in subdivision 372
463-(2) of said subsection (b) shall be used to determine eligibility for a 373
464-normal retirement benefit based upon thirty-five years of credited 374
465-service and for an early retirement benefit; and (2) military service 375
466-described in subdivision (3) of said subsection (b), any leave of absence 376
467-described in subdivision (8) of said subsection (b) and substitute 377
468-service described in subdivision (10) of said subsection (b) shall be 378
469-used as if they were service in the public schools of Connecticut. 379
470-(e) For purposes of computing benefit amounts under section 10-380
471-183g, other than proratable benefits and deferred vested retirement 381
472-benefits, credited service purchased under subsection (b) of this section 382
473-shall be used in the same manner as credited service described in 383
474-subsection (a) of this section. In computing proratable benefits, 384
475-purchased service credits shall be used as set forth in subsection (b) of 385
476-section 10-183g. In computing deferred vested retirement benefits, 386
477-purchased service credits shall be used as set forth in subsection (d) of 387
478-section 10-183g. In computing the lump sum death benefit under 388
479-section 10-183h, military service described in subdivision (3) of 389
480-subsection (b) of this section and leaves of absence described in 390
481-subdivision (8) of said subsection (b) shall be used as if they were 391
482-service in the public schools of Connecticut.] 392
483-[(f)] (d) For purposes of computing benefit amounts under [section 393
484-10-183g] this chapter, whole months of credited service, including 394
485-additional credited service, in excess of whole years shall be used in 395
486-determining aggregate accumulations of credited service. 396 Substitute Bill No. 1119
487-
488-
489-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
490-R01-SB.docx }
491-14 of 51
492-
493-[(g)] (e) Any member who has been elected to a full-time or part-397
494-time position in an organization which has been duly designated as the 398
495-teachers' representative or who has been elected to a full-time or part-399
496-time position in a state-wide, national or international bargaining 400
497-organization may, during the time such member so serves, continue 401
498-membership and may make, or have made for such member, 402
499-payments of contributions for such time, provided the organization 403
500-which such member represents shall pay the full actuarial cost that 404
501-would otherwise be incurred by the state for the time such member 405
502-serves in excess of one year. If payment is made during such periods or 406
503-at any time before retirement, such member shall receive credit for 407
504-such service and shall be considered as serving as a public school 408
505-teacher in the state for the purpose of computing length of service, and 409
506-for the purpose of computing average annual salary, and shall be 410
507-considered by the retirement board as though such member were 411
508-remaining in such member's latest teaching position. 412
509-Sec. 3. Section 10-183f of the general statutes is repealed and the 413
510-following is substituted in lieu thereof (Effective July 1, 2019): 414
511-(a) A member is eligible to receive a normal retirement benefit 415
512-[who] if such member (1) has attained age sixty and has accumulated 416
513-twenty years of credited service in the public schools of Connecticut, 417
514-or (2) has attained any age and has accumulated thirty-five years of 418
515-credited service, at least twenty-five years of which are service in the 419
516-public schools of Connecticut. 420
517-(b) A member is eligible to receive a proratable retirement benefit 421
518-[who] if such member has attained age sixty prior to termination of 422
519-service and has accumulated at least ten years of credited service in the 423
520-public schools of Connecticut. 424
521-(c) A member is eligible to receive an early retirement benefit [who] 425
522-if such member has accumulated twenty-five years of credited service, 426
523-at least twenty years of which are service in the public schools of 427
524-Connecticut, or [who] if such member has attained the age of fifty-five 428 Substitute Bill No. 1119
525-
526-
527-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
528-R01-SB.docx }
529-15 of 51
530-
531-and has accumulated at least twenty years of credited service, at least 429
532-fifteen of which are service in the public schools of Connecticut. 430
533-(d) A member is eligible to receive a deferred vested retirement 431
534-benefit beginning at age sixty [who] if such member: (1) Has 432
535-accumulated ten years of credited service in the public schools of 433
536-Connecticut; and (2) terminates service before becoming eligible for 434
537-any other retirement benefit; and (3) leaves his or her accumulated 435
538-contributions with the system. 436
539-(e) Repealed by P.A. 79-541, S. 5, 6. 437
540-(f) The survivors of a member who dies (1) while in service in the 438
541-public schools of Connecticut, (2) within two months after withdrawal 439
542-from such service and prior to the effective date of such member's 440
543-retirement or (3) while receiving a disability benefit under section 10-441
544-183aa, shall receive survivors' benefits. [, except that, if a member who 442
545-has elected a coparticipant option, under section 10-183j, dies after 443
546-such option becomes effective, such coparticipant option shall be given 444
547-effect and no survivors' benefits shall be payable.] Before any 445
548-survivors' benefits are paid, the board shall receive such applications 446
549-and other documents and information as it deems necessary. 447
550-(g) Notwithstanding any provision of this chapter, pursuant to 448
551-Section 401(a)(9) of the Internal Revenue Code, a member shall begin 449
552-receiving benefits under this chapter no later than April first of the 450
553-calendar year following the calendar year in which [(1)] the member 451
554-attains age seventy and one-half [, or (2)] or, if the member retires after 452
555-age seventy and one-half, the calendar year in which such member 453
556-retires. 454
557-Sec. 4. Section 10-183g of the general statutes is repealed and the 455
558-following is substituted in lieu thereof (Effective July 1, 2019): 456
559-(a) The normal retirement benefit shall be two per cent times the 457
560-number of years of full-time credited service and a proportional 458
561-fraction of two per cent times the number of years of credited service at 459 Substitute Bill No. 1119
562-
563-
564-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
565-R01-SB.docx }
566-16 of 51
567-
568-less than full-time multiplied by average annual salary. In no event, 460
569-however, shall such benefit exceed seventy-five per cent of such salary 461
570-or be less than three thousand six hundred dollars. 462
571-(b) The proratable retirement benefit shall be computed as follows: 463
572-Average annual salary multiplied by (1) number of years of credited 464
573-service [, excluding all additional credited service, except service 465
574-described in subdivisions (3), (8) and (10) of subsection (b) of section 466
575-10-183e,] in the public schools of Connecticut multiplied by the 467
576-applicable percentage based on age and service as determined from the 468
577-table below, and (2) number of years of all additional credited service 469
578-not used in subdivision (1) of this subsection multiplied by one per 470
579-cent. 471
580-T1 TABLE
581-T2 AGE OF RETIREMENT
582-T3 Years Of
583-T4 Connecticut
584-T5 Service 60 61 62 63 64 65 66 67 68 69 70
585-T6 10 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0
586-T7 11 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1
587-T8 12 1.2 1.2 1.2 1.2 1.2 1.2 1.2 1.2 1.2 1.2 1.2
588-T9 13 1.3 1.3 1.3 1.3 1.3 1.3 1.3 1.3 1.3 1.3 1.3
589-T10 14 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4
590-T11 15 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5
591-T12 16 1.6 1.6 1.6 1.6 1.6 1.6 1.6 1.6 1.6 1.6 1.6
592-T13 17 1.7 1.7 1.7 1.7 1.7 1.7 1.7 1.7 1.7 1.7 1.7
593-T14 18 1.8 1.8 1.8 1.8 1.8 1.8 1.8 1.8 1.8 1.8 1.8
594-T15 19 1.9 1.9 1.9 1.9 1.9 1.9 1.9 1.9 1.9 1.9 1.9
595-T16 20 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0
596-
597-(c) The early retirement benefit shall be computed in the same 472
598-manner as the normal retirement benefit, then actuarially reduced, on 473
599-the basis of early retirement tables adopted from time to time by the 474 Substitute Bill No. 1119
600-
601-
602-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
603-R01-SB.docx }
604-17 of 51
605-
606-board, for each month early retirement precedes the minimum age at 475
607-which the member could have retired with a normal retirement benefit 476
608-pursuant to section 10-183f, as amended by this act. [Such minimum 477
609-age shall be such member's actual age at retirement plus the lesser of 478
610-(1) the difference between such age and age sixty, or (2) the difference 479
611-between thirty-five years and the sum of such member's years of 480
612-Connecticut public school service plus all purchased leaves of absence, 481
613-military and out-of-state public school service.] On and after July 1, 482
614-1999, any revisions to the early retirement tables shall be submitted to 483
615-the Office of Policy and Management and the joint standing committee 484
616-of the General Assembly having cognizance of matters relating to 485
617-appropriations and the budgets of state agencies within one month of 486
618-their adoption by the board. Any such revisions shall be accompanied 487
619-by an actuarial certification of the costs associated with such revisions. 488
620-(d) The deferred vested retirement benefit shall be computed as 489
621-follows: Average annual salary multiplied by (1) number of years of 490
622-credited service [, excluding all additional credited service, except 491
623-service described in subdivisions (3), (8) and (10) of subsection (b) of 492
624-section 10-183e,] in the public schools of Connecticut multiplied by two 493
625-per cent, then actuarially reduced in the same manner as the early 494
626-retirement benefit if the years of service which could have been 495
627-rendered were less than twenty years by age sixty or by the 496
628-subsequent date of retirement, and (2) number of years of all 497
629-additional credited service not used in subdivision (1) of this 498
630-subsection multiplied by one per cent. 499
631-(e) Repealed by P.A. 79-541, S. 5, 6. 500
632-(f) (1) In addition to a retirement benefit computed under 501
633-subsections (a) to (d), inclusive, of this section and a disability 502
634-allowance under subsections (a) to (g), inclusive, of section 10-183aa, 503
635-and except as provided in subdivision (2) of this subsection, a member 504
636-shall receive a lump sum payment equal to the member's accumulated 505
637-one per cent contributions withheld prior to July 1, 1989, and any 506
638-voluntary contributions with credited interest. Such lump sum shall be 507 Substitute Bill No. 1119
639-
640-
641-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
642-R01-SB.docx }
643-18 of 51
644-
645-paid not later than three months after (A) the effective date of 508
646-retirement, or (B) the date the first payment of a disability allowance 509
647-under section 10-183aa is made, except the board may delay payment 510
648-of such lump sum in the case of extenuating circumstances. If such 511
649-delay occurs, the board shall submit a written notice to the member 512
650-explaining the nature of the extenuating circumstances and an estimate 513
651-as to when such lump sum shall be paid. 514
652-(2) In lieu of such lump sum, the member may elect to receive an 515
653-actuarially equivalent annuity for life. [Such lump sum or annuity shall 516
654-be paid, or commenced to be paid,] Payment of such annuity, if 517
655-elected, shall commence when the first payment of the [other] 518
656-retirement benefit computed under subsections (a) to (d), inclusive, of 519
657-this section or a disability allowance under section 10-183aa is made. 520
658-(g) A member's complete formal application for retirement, if sent 521
659-by mail, shall be deemed to have been filed with the board on the date 522
660-such application is postmarked. No benefit computed under 523
661-subsections (a) to (d), inclusive, of this section and under subsections 524
662-(a) to (g), inclusive, of section 10-183aa shall become effective until [the 525
663-end of the calendar month of the filing by the] a member eligible for 526
664-retirement under section 10-183f, as amended by this act, files with the 527
665-board [of] a complete formal application for retirement and terminates 528
666-service with such member's employer. Such benefit shall accrue from 529
667-the first day of the month following [such] the calendar month such 530
668-application is filed and payment of such benefit in equal monthly 531
669-installments shall commence on the last day of the month in which 532
670-such benefit begins to accrue. The initial payment of such benefit may 533
671-be made not later than three months following the effective date of 534
672-retirement, provided such payment shall be retroactive to such 535
673-effective date. Upon a finding that extenuating circumstances relating 536
674-to the health of a member caused a delay in the filing of the member's 537
675-complete formal application, and such application is filed on or after 538
676-July 1, 1986, the board may deem such application to have been filed 539
677-up to three months earlier than the actual date of the filing. Upon a 540 Substitute Bill No. 1119
678-
679-
680-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
681-R01-SB.docx }
682-19 of 51
683-
684-finding that extenuating circumstances related to the health of a 541
685-member caused a delay in the filing of an election pursuant to 542
686-subsection (g) of section 10-183aa, and such election is filed on or after 543
687-July 1, 1986, the board may deem such election to have been filed as of 544
688-the date such member's benefits would otherwise have been converted 545
689-to a normal retirement [allowance, provided such member's disability 546
690-allowance became effective on or before November 1, 1976, and such 547
691-member attained the age of sixty on or after August 1, 1984] benefit 548
692-under this section. 549
693-(h) A benefit computed under subsections (a) to (d), inclusive, of 550
694-this section and under subsections (a) to (g), inclusive, of section 10-551
695-183aa shall continue until the death of the member. [If twenty-five per 552
696-cent of the aggregate benefits paid to a member prior to death are less 553
697-than such member's accumulated regular contributions, including any 554
698-one per cent contributions withheld prior to July 1, 1989, and any 555
699-voluntary contributions plus credited interest, the member's 556
700-designated beneficiary shall be paid on the death of the member a 557
701-lump sum amount equal to the difference between such aggregate 558
702-payments and such accumulated contributions plus credited interest 559
703-that had been accrued to the date benefits commenced.] 560
704-(i) [In lieu of a benefit computed under subsections (a) to (d), 561
705-inclusive, of this section and under subsections (a) to (g), inclusive, of 562
706-section 10-183aa, a] A member [may] shall elect one of the benefit 563
707-options described in section 10-183j, as amended by this act, or any 564
708-other actuarially equivalent option which the board may offer from 565
709-time to time. 566
710-(j) Beginning the first day of January or July which follows nine 567
711-months in retirement, a retired member who retired prior to 568
712-September 1, 1992, or a member's successor beneficiary, except a 569
713-person receiving survivor's benefits, shall be eligible for an annual five 570
714-per cent cost of living allowance on any benefit except a benefit based 571
715-upon such member's one per cent contributions or voluntary 572
716-contributions. Such cost of living allowance shall be computed on the 573 Substitute Bill No. 1119
717-
718-
719-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
720-R01-SB.docx }
721-20 of 51
722-
723-basis of the retirement benefits to which such retired member or 574
724-successor beneficiary was entitled on the last day of the preceding 575
725-December or June except benefits based upon one per cent or 576
726-voluntary contributions. Such member's successor beneficiary means 577
727-any person, other than such member, receiving benefits as the result of 578
728-the election of a period certain option or a coparticipant option, 579
729-including an election for such an option by a surviving spouse under 580
730-subsection (d) of section 10-183h, as amended by this act. The right to 581
731-such allowance, or any portion thereof, may be waived by the person 582
732-entitled thereto at any time. Any waiver shall remain in effect until the 583
733-first day of the month following such person's death or the filing with 584
734-the board of a written notice of cancellation of the waiver. Any 585
735-allowance waived shall be forever forfeited. If on any subsequent first 586
736-day of January or July the Teacher's Retirement Board determines that 587
737-the National Consumer Price Index for urban wage earners and clerical 588
738-workers for the twelve-month period ending on the last day of the 589
739-preceding November or May has increased less than the cost of living 590
740-allowance provided under this subsection, the cost of living allowance 591
741-provided by this subsection shall be adjusted to reflect the change in 592
742-such index provided such cost of living allowance shall not be less 593
743-than three per cent. 594
744-(k) Beginning the first day of January or July which follows nine 595
745-months in retirement, a retired member who retired on or after 596
746-September 1, 1992, or a member's successor beneficiary, except a 597
747-person receiving survivor's benefits, shall be eligible for an annual cost 598
748-of living allowance calculated in accordance with the provisions of 599
749-subsections (l) or (m) of this section on any benefit except a benefit 600
750-based upon such member's one per cent contributions or voluntary 601
751-contributions. Such cost of living allowance shall be computed on the 602
752-basis of the retirement benefits to which such retired member or 603
753-successor beneficiary was entitled on the last day of the preceding 604
754-December or June except benefits based upon one per cent or 605
755-voluntary contributions. Such member's successor beneficiary means 606
756-any person, other than such member, receiving benefits as the result of 607 Substitute Bill No. 1119
757-
758-
759-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
760-R01-SB.docx }
761-21 of 51
762-
763-the election of a period certain option or a coparticipant option, 608
764-including an election for such an option by a surviving spouse under 609
765-subsection (d) of section 10-183h, as amended by this act. The right to 610
766-such allowance, or any portion thereof, may be waived by the person 611
767-entitled thereto at any time. Any waiver shall remain in effect until the 612
768-first day of the month following such person's death or the filing with 613
769-the board of a written notice of cancellation of the waiver. Any 614
770-allowance waived shall be forever forfeited. 615
771-(l) (1) Beginning the first day of January or July which follows nine 616
772-months in retirement, a retired member who retired on or after 617
773-September 1, 1992, or a member's successor beneficiary, except a 618
774-person receiving survivor's benefits, shall be eligible for an annual cost 619
775-of living allowance. The cost of living allowance shall be calculated by 620
776-using the percentage cost of living adjustment granted by the Social 621
777-Security Administration for the applicable year, computed on the basis 622
778-of the retirement benefits to which such retired member or successor 623
779-beneficiary was entitled on the last day of the preceding December or 624
780-June except benefits based upon one per cent or voluntary 625
781-contributions, provided no cost of living allowance shall exceed six per 626
782-cent and provided further, if the total return earned by the trustees on 627
783-the market value of the pension assets for the preceding fiscal year is 628
784-less than eight and one-half per cent, any cost of living allowance 629
785-granted shall not exceed one and one-half per cent. 630
786-(2) A member entering the retirement system commencing on or 631
787-after July 1, 2007, or such member's successor beneficiary, except a 632
788-person receiving survivor's benefits, shall, beginning the first day of 633
789-January or July that follows nine months in retirement, be eligible for 634
790-an annual cost of living allowance as follows: The cost of living 635
791-allowance shall be calculated by using the percentage cost of living 636
792-adjustment granted by the Social Security Administration for the 637
793-applicable year, computed on the basis of the retirement benefits to 638
794-which such retired member or successor beneficiary was entitled on 639
795-the last day of the preceding December or June, as applicable, except 640 Substitute Bill No. 1119
796-
797-
798-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
799-R01-SB.docx }
800-22 of 51
801-
802-benefits based upon one per cent or voluntary contributions, provided 641
803-(A) no cost of living allowance shall exceed five per cent, and (B) if the 642
804-total return earned by the trustees on the market value of the pension 643
805-assets for the preceding fiscal year is less than eight and one-half per 644
806-cent, any cost of living allowance granted shall not exceed one per 645
807-cent, if such total return for the preceding fiscal year is greater than 646
808-eight and one-half per cent but less than eleven and one-half per cent, 647
809-any cost of living allowance granted shall not exceed three per cent, 648
810-and if such return exceeds eleven and one-half per cent, any cost of 649
811-living allowance granted shall not exceed five per cent. 650
812-(m) Repealed by P.A. 07-186, S. 14. 651
813-(n) Repealed by P.A. 07-186, S. 14. 652
814-(o) On January 1, 1988, each eligible retired member who had 653
815-rendered at least twenty-five years of full-time service prior to normal 654
816-retirement under the provisions of subsection (a) of section 10-183f, as 655
817-amended by this act, or such member's successor beneficiary, as 656
818-defined in subsection (j) of this section, shall receive a single increase in 657
819-retirement benefits provided under this chapter. Such increase shall be 658
820-paid to such eligible members or successor beneficiaries whose 659
821-monthly benefit as of December 31, 1987, before any reduction for an 660
822-optional benefit payment plan, is less than eight hundred dollars, and 661
823-shall be sufficient to increase such monthly benefit to eight hundred 662
824-dollars. 663
825-(p) On January 1, 1991, each eligible retired member who had 664
826-rendered at least twenty-five years of full-time service at least twenty 665
827-years of which were service in the public schools of Connecticut prior 666
828-to early retirement before January 1, 1976, under the provisions of 667
829-subsection (c) of section 10-183f, as amended by this act, or such 668
830-member's successor beneficiary, as defined in subsection (j) of this 669
831-section, shall receive a single increase in retirement benefits provided 670
832-under this chapter. Such increase shall be paid to such eligible 671
833-members or successor beneficiaries whose monthly benefit as of 672 Substitute Bill No. 1119
834-
835-
836-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
837-R01-SB.docx }
838-23 of 51
839-
840-December 31, 1990, before any reduction for an optional benefit 673
841-payment plan, is less than eight hundred dollars, and shall be 674
842-sufficient to increase such monthly benefit to eight hundred dollars. 675
843-(q) On January 1, 1999, each eligible retired member who had 676
844-rendered at least twenty-five years of full-time service, or such 677
845-member's successor beneficiary, as defined in subsection (j) of this 678
846-section, shall receive a single increase in benefits provided under this 679
847-chapter. Such increase shall be sufficient to increase the monthly 680
848-benefit of such eligible members or successor beneficiaries, whose 681
849-monthly benefit as of December 31, 1998, before any actuarial 682
850-reduction for early retirement or for an optional benefit payment plan, 683
851-is less than twelve hundred dollars and shall be sufficient to increase 684
852-such monthly benefit to twelve hundred dollars. 685
853-(r) No retirement benefit payable under this chapter, including any 686
854-cost of living allowance, shall exceed the maximum dollar limit in 687
855-effect under Section 415(b) of the Internal Revenue Code for the 688
856-applicable limitation year, as increased in subsequent years pursuant 689
857-to Section 415(d) of the Internal Revenue Code. [A subsequent annual 690
858-increase shall apply to a member if the increase becomes effective after 691
859-the member retires or, if such increase becomes effective before a 692
860-member retires, after the date on which such benefit begins to accrue.] 693
861-Sec. 5. Section 10-183h of the general statutes is repealed and the 694
862-following is substituted in lieu thereof (Effective July 1, 2019): 695
863-(a) The basic survivor's monthly benefit, subject to a family 696
864-maximum of one thousand five hundred dollars, shall be (1) three 697
865-hundred dollars each for a surviving spouse, plus twenty-five dollars 698
866-for each year of service in excess of twelve years in the Connecticut 699
867-public schools completed by the member, subject to a maximum 700
868-monthly benefit of six hundred dollars, (2) three hundred dollars each 701
869-for a dependent former spouse; for a dependent parent if there is no 702
870-surviving spouse or dependent child; and for a legal guardian of any 703
871-dependent child if there is no surviving spouse, dependent former 704 Substitute Bill No. 1119
872-
873-
874-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
875-R01-SB.docx }
876-24 of 51
877-
878-spouse or dependent parent, and (3) three hundred dollars for each 705
879-dependent child. In applying the family maximum, the benefit shall be 706
880-first allocated to the child or children, with the excess allocated to the 707
881-surviving spouse and any dependent former spouse in proportion to 708
882-the amount each would receive according to the above formula. 709
883-Payment of the benefit shall commence on the last day of the month 710
884-following the month of the member's death. Such benefit shall 711
885-continue through the month preceding the month in which the 712
886-survivor dies or ceases to be eligible for such benefit. Such benefit to 713
887-the legal guardian of dependent children shall continue until all such 714
888-children are no longer dependent, as defined in section 10-183b, as 715
889-amended by this act. Notwithstanding the provisions of this 716
890-subsection, any such surviving spouse, dependent former spouse, 717
891-dependent parent or legal guardian may waive the right to payment of 718
892-the benefit under this subsection in order that a designated beneficiary 719
893-who is the child of the deceased member may receive such member's 720
894-accumulated contributions plus credited interest. Such waiver shall be 721
895-made prior to the payment of the benefit to any such surviving spouse, 722
896-dependent former spouse, dependent parent or legal guardian. 723
897-(b) [If no coparticipant option under 10-183j has become effective, a] 724
898-A lump sum death benefit shall be payable to [the] a surviving spouse. 725
899-Such benefit shall be one thousand dollars for five years or less of 726
900-Connecticut public school service, plus two hundred dollars for each 727
901-year of credited service in excess of five years, to a maximum of two 728
902-thousand dollars. [For purposes of this subsection, purchased military 729
903-service and purchased leaves of absence under subdivisions (3) and (8) 730
904-of subsection (b) of section 10-183e shall be deemed to be Connecticut 731
905-public school service.] If there is no surviving spouse, such benefit 732
906-shall be equal to the member's burial expenses but not in excess of 733
907-what would have been payable to a surviving spouse and shall be 734
908-payable to the person who paid such expenses. No payment under this 735
909-subsection shall be made unless application for the payment is filed 736
910-with the board within two years of such member's death. 737 Substitute Bill No. 1119
911-
912-
913-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
914-R01-SB.docx }
915-25 of 51
916-
917-(c) In lieu of such basic survivor's benefit and such lump sum death 738
918-benefit, a sole survivor who has attained age eighteen, and is the 739
919-member's designated beneficiary may elect to receive an amount equal 740
920-to such member's accumulated contributions together with credited 741
921-interest. [When a member has designated two or more beneficiaries, 742
922-who have, at the time of such member's death, attained age eighteen, 743
923-the one entitled to basic survivor's benefits, if any, shall be deemed the 744
924-sole survivor within the meaning of this subsection, provided, that all 745
925-other designated beneficiaries relinquish all claim to any amounts that 746
926-may be due them from the system.] 747
927-(d) The surviving spouse of any member who, at the time of death 748
928-was eligible for a retirement benefit other than a disability benefit and 749
929-had not filed a waiver of the coparticipant's option, may elect to 750
930-receive (1) a monthly benefit for life equal to the benefit payable if a 751
931-one hundred per cent coparticipant's option had been elected, or (2) an 752
932-amount equal to the member's accumulated contributions with 753
933-credited interest. 754
934-(e) If no coparticipant option has become effective and if the 755
935-aggregate payments under this section are less than the accumulated 756
936-mandatory contributions of a deceased member plus credited interest, 757
937-there shall be paid to such member's designated beneficiary an amount 758
938-equal to the difference between such aggregate payments and such 759
939-accumulated mandatory contributions plus credited interest. 760
940-(f) Notwithstanding the provisions of subparagraph (B) of 761
941-subdivision [(23)] (27) of section 10-183b, as amended by this act, 762
942-benefits payable under this section to a surviving spouse shall not be 763
943-terminated because of remarriage if such surviving spouse has 764
944-attained the age of sixty. 765
945-(g) If a member who has filed an application for retirement dies 766
946-prior to the effective date of retirement, such member's spouse, if such 767
947-spouse is designated on such application as the sole beneficiary, may 768
948-elect to receive either (1) the preretirement death benefits as set forth in 769 Substitute Bill No. 1119
949-
950-
951-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
952-R01-SB.docx }
953-26 of 51
954-
955-this section, or (2) the benefit payment option selected by the deceased 770
956-member on such retirement application. 771
957-Sec. 6. Subsection (a) of section 10-183i of the general statutes is 772
958-repealed and the following is substituted in lieu thereof (Effective July 773
959-1, 2019): 774
960-(a) A member may make voluntary contributions to the system and 775
961-may, no more than once, withdraw such voluntary contributions from 776
962-the system under rules of the board. Any voluntary contribution shall 777
963-be made solely by payroll deduction of an amount subject to state, 778
964-federal or local tax in the tax or income year in which such voluntary 779
965-contribution is made. Voluntary contributions shall be subject to the 780
966-limitations imposed under Section 415(c) of the Internal Revenue Code 781
967-for the applicable limitation year. Such contributions shall earn 782
968-credited interest. Upon retirement such member shall elect to receive 783
969-the accumulated contributions plus credited interest either in a lump 784
970-sum or in the form of an actuarially equivalent annuity for life. Such 785
971-lump sum, [or] if elected, shall be paid not later than three months 786
972-after the effective date of retirement, except the board may delay 787
973-payment of such lump sum in the case of extenuating circumstances. If 788
974-such delay occurs, the board shall submit a written notice to the 789
975-member explaining the nature of the extenuating circumstances and an 790
976-estimate as to when such lump sum shall be paid. Payment of such 791
977-annuity, if elected, shall [be paid or commenced to be paid] commence 792
978-when the first payment of such member's other retirement benefit is 793
979-made. If such member dies before the effective date of his or her 794
980-retirement, the accumulated contributions plus credited interest shall 795
981-be paid to such member's designated beneficiary. 796
982-Sec. 7. Section 10-183j of the general statutes is repealed and the 797
983-following is substituted in lieu thereof (Effective July 1, 2019): 798
984-(a) [In lieu of a normal, early, proratable or deferred vested benefit, 799
985-a] A member [may] shall elect [either] one of the benefit options 800
986-described in [subsections] subsection (b), [and] (c) or (d) of this section. 801 Substitute Bill No. 1119
987-
988-
989-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
990-R01-SB.docx }
991-27 of 51
992-
993-(b) The Plan N normal allowance may be elected in which the 802
994-member receives an unreduced benefit for life and, upon such 803
995-member's death, such member's designated beneficiary shall receive a 804
996-partial refund of such member's accumulated contributions if twenty-805
997-five per cent of the aggregate benefits received by such member 806
998-between his or her retirement date and death are less than such 807
999-member's accumulated regular contributions, including any one per 808
1000-cent contributions withheld prior to July 1, 1989, and any voluntary 809
1001-contributions plus credited interest. The amount of such partial refund 810
1002-shall equal the difference between (1) such member's accumulated 811
1003-contributions plus credited interest that had accrued as of the date 812
1004-retirement benefits commenced, and (2) twenty-five per cent of the 813
1005-aggregate retirement benefit paid to such member prior to such 814
1006-member's death. 815
1007-[(b) A] (c) The Plan C period certain option may be elected in which 816
1008-the member receives an actuarially reduced benefit for a fixed period 817
1009-of time selected by such member and for the remainder of such 818
1010-member's life. Such member may select a fixed period of twenty-five 819
1011-years or such shorter period as the board may offer. If such member 820
1012-dies before receiving the benefit for the selected period, such benefit 821
1013-shall be paid to the member's designated beneficiary for the remainder 822
1014-of such period. If such designated beneficiary dies before receiving the 823
1015-remaining payments for the selected period, any remaining payments 824
1016-shall be paid to such designated beneficiary's estate as a commuted 825
1017-value. If such member's designated beneficiary dies before such 826
1018-member, or if such member has no designated beneficiary and such 827
1019-member dies prior to the expiration of the period described in this 828
1020-subsection, the commuted value shall be paid to such member's estate. 829
1021-[(c) A] (d) (1) The Plan D coparticipant's option may be elected in 830
1022-which the member receives an actuarially reduced benefit as provided 831
1023-in [subsection (d)] subdivision (2) of this [section] subsection and upon 832
1024-such member's death, one-third, one-half, two-thirds, three-fourths or 833
1025-all of such amount is paid to such member's designated beneficiary for 834 Substitute Bill No. 1119
1026-
1027-
1028-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
1029-R01-SB.docx }
1030-28 of 51
1031-
1032-life. Any member who elects said option shall designate a sole 835
1033-designated beneficiary, who shall be such member's coparticipant. 836
1034-Such designation shall be irrevocable and shall terminate only as 837
1035-provided in subparagraph (B) of subdivision (2) of this subsection. 838
1036-With respect to any benefits which become effective on or after January 839
1037-1, 2001, if twenty-five per cent of the aggregate benefits paid to the 840
1038-member or such member's designated beneficiary are, upon the death 841
1039-of such member or such designated beneficiary, less than such 842
1040-member's accumulated contributions plus credited interest, the estate 843
1041-of such member or such designated beneficiary, as appropriate, shall 844
1042-be paid a lump sum amount equal to the difference between such 845
1043-[aggregate benefits paid and such accumulated contributions plus 846
1044-credited interest] accumulated contributions plus credited interest that 847
1045-had accrued as of the date benefits commenced, less twenty-five per 848
1046-cent of the aggregate benefit paid. 849
1047-[(d)] (2) The benefits payable to such member and such 850
1048-coparticipant shall be computed as follows: 851
1049-[(1)] (A) The benefit payable to such member at retirement and to 852
1050-such coparticipant upon such member's death shall be the actuarial 853
1051-equivalent of the normal, early or proratable benefit for which such 854
1052-member is eligible and based upon such member's age at retirement 855
1053-and the age of such coparticipant on such retirement date. In the event 856
1054-the member predeceases the coparticipant, upon the death of the 857
1055-coparticipant, any remaining benefit shall be paid in a lump sum to the 858
1056-coparticipant's estate. In the event the coparticipant predeceases the 859
1057-member, the member's actuarially reduced benefit shall revert to the 860
1058-unreduced benefit provided for under Plan N and, upon the member's 861
1059-death, any remaining value in the member's account shall be paid to 862
1060-the member's designated beneficiary, if any, otherwise to the member's 863
1061-estate. 864
1062-[(2) The benefit payable to such coparticipant of such member who 865
1063-dies after such option first becomes effective but before retirement 866
1064-shall be the actuarial equivalent of the normal, early or proratable 867 Substitute Bill No. 1119
1065-
1066-
1067-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
1068-R01-SB.docx }
1069-29 of 51
1070-
1071-benefit for which such member was eligible based on such member's 868
1072-age at death and the age of such coparticipant on such date of death.] 869
1073-[(3) (A)] (B) (i) Except as provided in subparagraph [(B)] (B)(ii) of 870
1074-this subdivision, a coparticipant option shall be terminated, for any 871
1075-member whose designated coparticipant dies, is legally separated or is 872
1076-divorced from the member after the member's retirement, on the date 873
1077-of such death or divorce. Such member shall thereupon be paid the 874
1078-normal, early or proratable retirement benefit for which the member is 875
1079-eligible. [(B)] (ii) On and after July 1, 2016, upon the legal separation or 876
1080-divorce of a member and such member's designated coparticipant 877
1081-subsequent to the member's retirement, the member may retain the 878
1082-coparticipant designation and the coparticipant option elected at the 879
1083-time of retirement by filing a [qualified] domestic relations order with 880
1084-the board. 881
1085-Sec. 8. Section 10-183k of the general statutes is repealed and the 882
1086-following is substituted in lieu thereof (Effective July 1, 2019): 883
1087-(a) A member who voluntarily or involuntarily terminates service 884
1088-with his or her employer prior to retirement or death shall be entitled 885
1089-to have refunded his or her accumulated voluntary contributions with 886
1090-credited interest. 887
1091-(b) A member who voluntarily or involuntarily terminates service 888
1092-with his or her employer prior to retirement or death with less than 889
1093-five years' credited service in the public schools of Connecticut shall be 890
1094-entitled to have refunded his or her accumulated regular contributions 891
1095-with credited interest. A member who voluntarily or involuntarily 892
1096-terminates service with his or her employer prior to retirement or 893
1097-death with more than five years of credited service in the public 894
1098-schools of Connecticut shall be entitled to have refunded his or her 895
1099-accumulated regular contributions with credited interest and his or her 896
1100-accumulated one per cent contributions withheld prior to July 1, 1989. 897
1101-(c) A member who voluntarily or involuntarily terminates service 898 Substitute Bill No. 1119
1102-
1103-
1104-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
1105-R01-SB.docx }
1106-30 of 51
1107-
1108-with his or her employer prior to retirement or death with more than 899
1109-ten years' credited service in the public schools of Connecticut but 900
1110-prior to retirement may elect to receive in lieu of the benefits provided 901
1111-by this chapter a refund of his or her accumulated contributions with 902
1112-credited interest as provided in subsection (b) of this section. If such 903
1113-member elects a refund, all credited service shall be cancelled and any 904
1114-rights to benefits provided by this chapter shall be extinguished, 905
1115-except as provided in subsection (d) of this section. If such member 906
1116-does not elect a refund, [but dies before age sixty or before receiving 907
1117-the deferred vested benefit, if later,] such member's accumulated 908
1118-voluntary contributions, accumulated regular contributions and 909
1119-accumulated one per cent contributions withheld prior to July 1, 1989, 910
1120-together with credited interest shall be paid to such member's 911
1121-designated beneficiary. 912
1122-(d) A member who receives a refund and returns to service shall be 913
1123-regarded as a new member unless such member repays, subject to the 914
1124-requirements established by the board, the amount refunded 915
1125-representing service teaching in the public schools of Connecticut, 916
1126-other than voluntary contributions and the interest thereon, together 917
1127-with credited interest compounded from the date interest was last 918
1128-credited to such member's account to the date of repayment. The 919
1129-credited service accumulated before termination and any unrefunded 920
1130-one per cent contributions withheld prior to July 1, 1989, and credited 921
1131-interest shall be restored to a member who makes such repayment. 922
1132-Restored contributions and interest shall be credited with credited 923
1133-interest for the period between the last day for which interest was 924
1134-credited on such contributions and such member's [return to service] 925
1135-date of repayment. 926
1136-Sec. 9. Section 10-183l of the general statutes is repealed and the 927
1137-following is substituted in lieu thereof (Effective July 1, 2019): 928
1138-(a) (1) On and after July 1, 1991, the management of the system shall 929
1139-continue to be vested in the Teachers' Retirement Board, whose 930
1140-members shall include the Treasurer, the Secretary of the Office of 931 Substitute Bill No. 1119
1141-
1142-
1143-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
1144-R01-SB.docx }
1145-31 of 51
1146-
1147-Policy and Management and the Commissioner of Education, or their 932
1148-designees, who shall be voting members of the board, ex officio. (2) On 933
1149-or before June 15, 1985, and quadrennially thereafter, the members of 934
1150-the system shall elect from their number, in a manner prescribed by 935
1151-said board, two persons to serve as members of said board for terms of 936
1152-four years beginning July first following such election. Both of such 937
1153-persons shall be active teachers who shall be nominated by the 938
1154-members of the system who are not retired and elected by all the 939
1155-members of the system. On or before July 1, 1991, and quadrennially 940
1156-thereafter, the members of the system shall elect from their number, in 941
1157-a manner prescribed by said board, three persons to serve as members 942
1158-of said board for terms of four years beginning July first following 943
1159-such election. Two of such persons shall be retired teachers who shall 944
1160-be nominated by the retired members of the system and elected by all 945
1161-the members of the system and one shall be an active teacher who shall 946
1162-be nominated by the members of the system who are not retired and 947
1163-elected by all the members of the system. (3) On or before July 1, 2011, 948
1164-and quadrennially thereafter, the members of the system shall elect 949
1165-from their number, in a manner prescribed by said board, one person 950
1166-to serve as a member of said board for a term of four years beginning 951
1167-July first following such election. Such person shall be an active 952
1168-teacher who shall be nominated by the members of the system who are 953
1169-not retired, elected by all the members of the system and a member of 954
1170-an exclusive representative of a teachers' bargaining unit that is not 955
1171-represented by the members of the board elected under subdivision (2) 956
1172-of this subsection. (4) If a vacancy occurs in the positions filled by the 957
1173-members of the system who are not retired, said board shall elect a 958
1174-member of the system who is not retired to fill the unexpired portion 959
1175-of the term. If a vacancy occurs in the positions filled by the retired 960
1176-members of the system, said board shall elect a retired member of the 961
1177-system to fill the unexpired portion of the term. The Governor shall 962
1178-appoint five public members to said board in accordance with the 963
1179-provisions of section 4-9a, one of whom shall be the mayor, first 964
1180-selectman or chief elected official of a municipality. On and after the 965
1181-effective date of this section, the Governor shall fill the next vacant 966 Substitute Bill No. 1119
1182-
1183-
1184-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
1185-R01-SB.docx }
1186-32 of 51
1187-
1188-position on the board that is appointed by the Governor with a person 967
1189-who is the mayor, first selectman or chief elected official of a 968
1190-municipality. The members of the board shall serve without 969
1191-compensation, but shall be reimbursed for any expenditures or loss of 970
1192-salary or wages which they incur through service on the board. Six 971
1193-members of the board shall constitute a quorum for the transaction of 972
1194-any business. All decisions of the board shall require the approval of 973
1195-[six members of the board or] a majority of the members who are 974
1196-present [, whichever is greater] at a meeting at which a quorum is 975
1197-present. 976
1198-(b) In carrying out its duties, the board may employ [a secretary] an 977
1199-executive director, who shall also serve as secretary of the board and 978
1200-such [clerical and other assistance] staff as may be necessary. Their 979
1201-salaries shall be paid by said board with the approval of the Secretary 980
1202-of the Office of Policy and Management. Said board shall employ the 981
1203-services of one or more actuaries, each of which shall be an individual 982
1204-or firm having on its staff a fellow of the Society of Actuaries, to carry 983
1205-out the actuarial duties of this section and sections 10-183b, as 984
1206-amended by this act, 10-183r, and 10-183z and for such related 985
1207-purposes as the board deems advisable. The cost of such services shall 986
1208-be charged to the funds provided for in section 10-183r. Said board 987
1209-shall arrange for such actuary to prepare an actuarial valuation of the 988
1210-assets and liabilities of the system as of June 30, 1980, and at least once 989
1211-every two years thereafter. On the basis of reasonable actuarial 990
1212-assumptions approved by the board, such actuary shall determine the 991
1213-[normal cost] actuarially determined employer contribution required 992
1214-to meet the actuarial cost of current service and the unfunded accrued 993
1215-liability. Commencing December 1, 2002, such valuation shall be 994
1216-completed prior to December first biennially. Said board shall adopt all 995
1217-needed actuarial tables and may adopt regulations and rules not 996
1218-inconsistent with this chapter, including regulations and rules for 997
1219-payment of purchased service credits and repayment of previously 998
1220-withdrawn accumulated contributions. Said board shall establish [such 999
1221-funds as are] an operational budget necessary for the management of 1000 Substitute Bill No. 1119
1222-
1223-
1224-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
1225-R01-SB.docx }
1226-33 of 51
1227-
1228-the system. The board may enter into such contractual agreements, in 1001
1229-accordance with established procedures, as may be necessary for the 1002
1230-discharge of its duties. 1003
1231-Sec. 10. Section 10-183n of the general statutes is repealed and the 1004
1232-following is substituted in lieu thereof (Effective July 1, 2019): 1005
1233-(a) Each employer shall: (1) Before employing a teacher notify such 1006
1234-teacher of the provisions of this chapter applicable to such teacher; (2) 1007
1235-distribute, post or otherwise disseminate in a timely manner, to 1008
1236-teachers in its employ, any notices, bulletins, newsletters, annual 1009
1237-statements of account and other information supplied by the board for 1010
1238-the purpose of properly notifying teachers of their rights and 1011
1239-obligations under the system; (3) furnish to the board at times 1012
1240-designated by said board such reports and information as the board 1013
1241-deems necessary or desirable for the proper administration of the 1014
1242-system; and (4) deduct each month [seven] eight and one-fourth per 1015
1243-cent of one-tenth of such teacher's annual salary rate as directed by 1016
1244-said board and any additional voluntary deductions as authorized by 1017
1245-such teacher. [, except that no deductions shall be made from any 1018
1246-amounts received by regularly employed teachers for special teaching 1019
1247-assignments rendered for the State Board of Education or the Board of 1020
1248-Regents for Higher Education unless the salary for such special 1021
1249-teaching assignment is equal to or greater than the minimum salary 1022
1250-paid for such teacher's regular teaching assignment.] In the event the 1023
1251-employer does not deduct the amount set forth in subdivision (4) of 1024
1252-this subsection, the member shall remit such payment to the board 1025
1253-plus credited interest from the date the deduction was required by the 1026
1254-employer to the date of payment, except the board may waive any 1027
1255-amount due that it believes would cause hardship to such member. 1028
1256-The board shall not be required to refund credited interest for 1029
1257-payments made prior to the date such deduction was required. 1030
1258-(b) Each local treasurer or other person having custody of amounts 1031
1259-deducted under this chapter by an employer shall transmit and report 1032
1260-such amounts to the board so that they are received by said board no 1033 Substitute Bill No. 1119
1261-
1262-
1263-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
1264-R01-SB.docx }
1265-34 of 51
1266-
1267-later than the fifth business day of the following month. On and after 1034
1268-July 1, 2001, all such amounts shall be transmitted via electronic 1035
1269-transfer of funds. Such amounts shall at all times be the property of the 1036
1270-system and while in the custody of such local treasurer or other person 1037
1271-such person is a fiduciary with respect to such amounts and shall 1038
1272-discharge a fiduciary's responsibilities solely for the benefit of the 1039
1273-system. If such amounts are not accompanied by the reports and 1040
1274-information deemed necessary or desirable by the board for the proper 1041
1275-administration of the system, in accordance with subsection (a) of this 1042
1276-section, the board may deem such amounts not received by the fifth 1043
1277-business day of the following month for purposes of this subsection 1044
1278-until the date on which such reports and information are received. Said 1045
1279-board shall be entitled to receive from an employer interest at the rate 1046
1280-of nine per cent per year from the due date on all amounts deducted 1047
1281-by such employer and not received by said board by the fifth business 1048
1282-day of the following month. Interest at the rate of nine per cent per 1049
1283-year shall be compounded annually on the interest assessed from the 1050
1284-date payment is received to the date the interest assessment is paid. 1051
1285-Such interest shall be treated as an amount earned by assets of the 1052
1286-system. 1053
1287-(c) All amounts received by the board under this section shall be 1054
1288-forwarded to the State Treasurer. 1055
1289-(d) Each member shall file with the board [an enrollment and such 1056
1290-other] such forms, documents and information as the board deems 1057
1291-necessary or desirable for the proper administration of the system. 1058
1292-Sec. 11. Section 10-183o of the general statutes is repealed and the 1059
1293-following is substituted in lieu thereof (Effective July 1, 2019): 1060
1294-During any period when this country is at war, a board of education 1061
1295-may [cause to be paid] pay to the retirement board the mandatory 1062
1296-contributions of members who were in its employ at the time of 1063
1297-entering into the armed forces, as defined in section 27-103, [. Such 1064
1298-contributions as may be approved by the board of education shall be 1065 Substitute Bill No. 1119
1299-
1300-
1301-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
1302-R01-SB.docx }
1303-35 of 51
1304-
1305-included in the annual itemized budget estimate of the costs of 1066
1306-maintenance of public schools for the ensuing year] on behalf of such 1067
1307-members, in accordance with the Uniformed Services Employment 1068
1308-and Reemployment Rights Act of 1994, 38 USC Chapter 43, as 1069
1309-amended from time to time. 1070
1310-Sec. 12. Section 10-183p of the general statutes is repealed and the 1071
1311-following is substituted in lieu thereof (Effective July 1, 2019): 1072
1312-[(a) Any member of either the state employees retirement system or 1073
1313-the teachers' retirement system, if eligible to belong to the other or in 1074
1314-accordance with the provisions of subsection (h) of section 5-160 or 1075
1315-section 5-192e, may transfer from the one to which such member 1076
1316-belongs to the other or prior to the first of the month following three 1077
1317-months after June 28, 1985, to an alternate retirement program, as 1078
1318-defined in subsection (u) of section 5-154, when authorized to do so, in 1079
1319-the case of a transfer between said systems or a transfer from the 1080
1320-teachers' retirement system to an alternate retirement program, by the 1081
1321-concurrent action of the State Employees Retirement Commission and 1082
1322-the Teachers' Retirement Board. No person shall be eligible to 1083
1323-membership in more than one such system or program at the same 1084
1324-time, provided nothing contained herein shall affect the rights of any 1085
1325-person who, on June 18, 1953, was a member of both systems. Any 1086
1326-member of the teachers' retirement system who elects or has elected to 1087
1327-participate in an alternate retirement program shall receive a refund of 1088
1328-all contributions made by him into said system in lieu of any benefits 1089
1329-under said system. Any former state employee who was, during such 1090
1330-employee's period of employment, eligible to belong to either the state 1091
1331-employees retirement system or the teachers' retirement system and 1092
1332-who withdrew from the state employees retirement system after July 1, 1093
1333-1940, to become a member of the teachers' retirement system may be 1094
1334-credited in the teachers' retirement system with such member's period 1095
1335-of state service upon making application in writing to the secretary of 1096
1336-the Teachers' Retirement Board and paying contributions for such 1097
1337-period of service with credited interest from the date such service was 1098 Substitute Bill No. 1119
1338-
1339-
1340-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
1341-R01-SB.docx }
1342-36 of 51
1343-
1344-rendered. 1099
1345-(b) No person who has creditable service as a member of the state 1100
1346-employees retirement system and who transfers, on or after May 6, 1101
1347-1975, to the teachers' retirement system shall be entitled to benefits 1102
1348-from the teachers' retirement system until such person has been a 1103
1349-member of and contributed to said system for a period of one year. If 1104
1350-such transferee dies or becomes disabled before completion of that one 1105
1351-year, such transfer shall be deemed to be cancelled and such person 1106
1352-shall be deemed to be a member of the state employees retirement 1107
1353-system.] 1108
1354-Any member who is also a participant in an alternate retirement 1109
1355-program, as defined in subsection (u) of section 5-154, the state 1110
1356-employees retirement system or any other retirement system, except a 1111
1357-member who is a participant in the Social Security System or entitled 1112
1358-to retirement pay under 10 USC Chapter 1223, as amended from time 1113
1359-to time, may purchase service credit in the Connecticut teachers' 1114
1360-retirement system, provided such member withdraws any and all 1115
1361-employee funds and forfeits all employer contributions and earnings 1116
1362-thereon in the respective system. A participant in any retirement 1117
1363-system shall not be eligible to purchase service credit or an annuity 1118
1364-with the teachers' retirement system if the employee's fund in the other 1119
1365-retirement system includes employer contributions. No person shall be 1120
1366-eligible for membership in more than one such system or program at 1121
1367-the same time for the same service. 1122
1368-Sec. 13. Section 10-183q of the general statutes is repealed and the 1123
1369-following is substituted in lieu thereof (Effective July 1, 2019): 1124
1370-(a) The portion of each member's compensation deducted or to be 1125
1371-deducted under this chapter and all rights of each member and of each 1126
1372-survivor to receive benefits or other payments under this chapter shall 1127
1373-be exempt from the operation of any laws relating to bankruptcy or 1128
1374-insolvency; and, except as provided in subsection (b) of this section, 1129
1375-shall not be subject to garnishment, attachment, execution, levy or any 1130 Substitute Bill No. 1119
1376-
1377-
1378-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
1379-R01-SB.docx }
1380-37 of 51
1381-
1382-other similar legal process of any court. [No] Except as provided in 1131
1383-subsection (c) of this section, assignment of any right of a member or 1132
1384-any other person to receive benefits or other payments from the system 1133
1385-shall be valid. The funds of the system invested in personal property 1134
1386-shall be exempt from taxation. 1135
1387-(b) The portion of each member's compensation deducted or to be 1136
1388-deducted under this chapter and all rights of each member and of each 1137
1389-survivor to receive benefits or other payments under this chapter shall 1138
1390-be subject to attachment in favor of an alternate payee as set forth in an 1139
1391-approved domestic relations order. 1140
1392-(c) For eligible rollover distributions made on or after January 1, 1141
1393-1993, a distributee may elect, at the time and in the manner prescribed 1142
1394-by the board, to have any portion of such distribution paid directly to 1143
1395-an eligible retirement plan by way of a direct rollover. For purposes of 1144
1396-this subsection, (1) "distributee" means a member, a member's 1145
1397-surviving spouse or a member's former spouse who is an alternate 1146
1398-payee under an approved domestic relations order; (2) "eligible 1147
1399-rollover distribution" and "eligible retirement plan" each have the 1148
1400-meaning provided in Section 402 of the Internal Revenue Code of 1986, 1149
1401-or any subsequent corresponding internal revenue code of the United 1150
1402-States, as amended from time to time, except (A) a qualified trust shall 1151
1403-be considered an eligible retirement plan only if it accepts the 1152
1404-distributee's eligible rollover distribution; and (B) in the case of an 1153
1405-eligible rollover distribution to a surviving spouse, an eligible 1154
1406-retirement plan shall mean an individual retirement account or an 1155
1407-individual retirement annuity as defined in Section 408 of said Internal 1156
1408-Revenue Code. 1157
1409-Sec. 14. Section 10-183t of the general statutes is repealed and the 1158
1410-following is substituted in lieu thereof (Effective July 1, 2019): 1159
1411-(a) The retirement board shall offer one or more health benefit plans 1160
1412-to: Any member receiving retirement benefits or a disability allowance 1161
1413-from the system; the spouse or surviving spouse of such member, and 1162 Substitute Bill No. 1119
1414-
1415-
1416-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
1417-R01-SB.docx }
1418-38 of 51
1419-
1420-a disabled dependent of such member if there is no spouse or 1163
1421-surviving spouse, provided such member, spouse, surviving spouse, 1164
1422-or disabled dependent is participating in Medicare Part A hospital 1165
1423-insurance and Medicare Part B medical insurance. The board may offer 1166
1424-one or more basic plans, the cost of which to any such member, 1167
1425-spouse, surviving spouse or disabled dependent shall be one-third of 1168
1426-the basic plan's premium equivalent, and one or more optional plans, 1169
1427-provided such member, spouse, surviving spouse or disabled 1170
1428-dependent shall pay one-third of the basic plan's premium equivalent 1171
1429-plus the difference in cost between any such basic plans and any such 1172
1430-optional plans. The board shall designate those plans which are basic 1173
1431-and those plans which are optional for the purpose of determining 1174
1432-such cost and the amount to be charged or withheld from benefit 1175
1433-payments for such plans. The surviving spouse of a member, or a 1176
1434-disabled dependent of a member if there is no surviving spouse, shall 1177
1435-not be ineligible for participation in any such plan solely because such 1178
1436-surviving spouse or disabled dependent is not receiving benefits from 1179
1437-the system. With respect to any person participating in any such plan, 1180
1438-the state shall appropriate to the board one-third of the cost of such 1181
1439-basic plan or plans, or one-third of the cost of the rate in effect during 1182
1440-the fiscal year ending June 30, 1998, whichever is greater. [On and after 1183
1441-July 1, 2012, federal reimbursements received by the retirement board 1184
1442-under the retiree drug subsidy provisions of Medicare Part D shall be 1185
1443-used to offset amounts appropriated by the state to the board pursuant 1186
1444-to this subsection.] 1187
1445-(b) Any member who is receiving retirement benefits or a disability 1188
1446-allowance from the system, the spouse or surviving spouse of such 1189
1447-member, or a disabled dependent of such member if there is no spouse 1190
1448-or surviving spouse, and who is not participating in Medicare Part A 1191
1449-hospital insurance and Medicare Part B medical insurance, may fully 1192
1450-participate in any or all group health insurance plans maintained for 1193
1451-active teachers by such member's last employing board of education, 1194
1452-or by the state in the case of a member who was employed by the state, 1195
1453-provided such member either meets the state's eligibility criteria for 1196 Substitute Bill No. 1119
1454-
1455-
1456-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
1457-R01-SB.docx }
1458-39 of 51
1459-
1460-health insurance or seeks to participate in the group health insurance 1197
1461-plan offered by such member's last employing board of education, 1198
1462-upon payment to such board of education or to the state, as applicable, 1199
1463-by such member, spouse, surviving spouse or disabled dependent, of 1200
1464-the premium charged for his form of coverage. Such premium shall be 1201
1465-no greater than that charged for the same form of coverage for active 1202
1466-teachers. The spouse, surviving spouse or disabled dependent shall not 1203
1467-be ineligible for participation in any such plan solely because such 1204
1468-spouse, surviving spouse or disabled dependent is not receiving 1205
1469-benefits from the system. No person shall be ineligible for participation 1206
1470-in such plans for failure to enroll in such plans at the time the 1207
1471-member's retirement benefit or disability allowance became effective. 1208
1472-Nothing in this subsection shall be construed to impair or alter the 1209
1473-provisions of any collective bargaining agreement relating to the 1210
1474-payment by a board of education of group health insurance premiums 1211
1475-on behalf of any member receiving benefits from the system. Prior to 1212
1476-the cancellation of coverage for any member, spouse, surviving spouse 1213
1477-or disabled dependent for failure to pay the required premiums or cost 1214
1478-due, the board of education or the state, if applicable, shall notify the 1215
1479-Teachers' Retirement Board of its intention to cancel such coverage at 1216
1480-least thirty days prior to the date of cancellation. Absent any 1217
1481-contractual provisions to the contrary, the payments made pursuant to 1218
1482-subsection (c) of this section shall be first applied to any cost borne by 1219
1483-the member, spouse, surviving spouse or disabled dependent 1220
1484-participating in any such plan. As used in this subsection, "last 1221
1485-employing board of education" means the board of education by which 1222
1486-such member was employed when such member filed his initial 1223
1487-application for retirement, and "health insurance plans" means 1224
1488-hospital, medical, major medical, dental, prescription drug or auditory 1225
1489-benefit plans that are available to active teachers. 1226
1490-(c) (1) On and after July 1, 2000, the board shall pay a subsidy equal 1227
1491-to the subsidy paid in the fiscal year ending June 30, 2000, to the board 1228
1492-of education or to the state, if applicable, on behalf of any member who 1229
1493-is receiving retirement benefits or a disability allowance from the 1230 Substitute Bill No. 1119
1494-
1495-
1496-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
1497-R01-SB.docx }
1498-40 of 51
1499-
1500-system, the spouse of such member, the surviving spouse of such 1231
1501-member, or a disabled dependent of such member if there is no spouse 1232
1502-or surviving spouse, who is participating in a health insurance plan 1233
1503-maintained by a board of education or by the state, if applicable. Such 1234
1504-payment shall not exceed the actual cost of such insurance. 1235
1505-(2) With respect to any person participating in any such plan 1236
1506-pursuant to subsection (b) of this section, the state shall appropriate to 1237
1507-the board one-third of the cost of the subsidy, except that, for the fiscal 1238
1508-year ending June 30, 2013, the state shall appropriate twenty-five per 1239
1509-cent of the cost of the subsidy. On and after July 1, 2018, for the fiscal 1240
1510-year ending June 30, 2019, and for each fiscal year thereafter, fifty per 1241
1511-cent of the total amount appropriated by the state in each such fiscal 1242
1512-year for the state's share of the cost of such subsidies shall be paid to 1243
1513-the board on or before July first of such fiscal year, and the remaining 1244
1514-fifty per cent of such total amount shall be paid to the board on or 1245
1515-before December first of such fiscal year. 1246
1516-(3) No payment to a board of education pursuant to this subsection 1247
1517-may be used to reduce the amount of any premium payment on behalf 1248
1518-of any such member, spouse, surviving spouse, or disabled dependent, 1249
1519-made by such board pursuant to any agreement in effect on July 1, 1250
1520-1990. On and after July 1, 2012, the board shall pay a subsidy of two 1251
1521-hundred twenty dollars per month on behalf of the member, spouse or 1252
1522-the surviving spouse of such member who: (A) Has attained the 1253
1523-normal retirement age to participate in Medicare, (B) is not eligible for 1254
1524-Medicare Part A without cost, and (C) contributes at least two hundred 1255
1525-twenty dollars per month towards his or her medical and prescription 1256
1526-drug plan provided by the board of education. 1257
1527-(d) The Treasurer shall establish a separate retired teachers' health 1258
1528-insurance premium account within the Teachers' Retirement Fund. 1259
1529-Commencing July 1, 1989, and annually thereafter all health benefit 1260
1530-plan contributions withheld under this chapter in excess of five 1261
1531-hundred thousand dollars shall, upon deposit in the Teachers' 1262
1532-Retirement Fund, be credited to such account. Interest derived from 1263 Substitute Bill No. 1119
1533-
1534-
1535-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
1536-R01-SB.docx }
1537-41 of 51
1538-
1539-the investment of funds in the account shall be credited to the account. 1264
1540-Funds in the account shall be used for (1) payments to boards of 1265
1541-education pursuant to subsection (c) of this section and for payment of 1266
1542-premiums on behalf of members, spouses of membe rs, surviving 1267
1543-spouses of members or disabled dependents of members participating 1268
1544-in one or more health insurance plans pursuant to subsection (a) of this 1269
1545-section in an amount equal to the difference between the amount paid 1270
1546-pursuant to subsection (a) of this section and the amount paid 1271
1547-pursuant to subsection (c) of this section, and (2) payments for 1272
1548-professional fees associated with the administration of the health 1273
1549-benefit plans offered pursuant to this section. If, during any fiscal year, 1274
1550-there are insufficient funds in the account for the purposes of all such 1275
1551-payments, the General Assembly shall appropriate sufficient funds to 1276
1552-the account for such purpose. 1277
1553-(e) (1) Not later than the first business day of February, May, 1278
1554-August and November, annually, each employer shall submit to the 1279
1555-board, in a format established by the board, any information the board 1280
1556-determines to be necessary with respect to the additions, deletions and 1281
1557-premium changes for the health insurance subsidy program under 1282
1558-subsection (c) of this section. Any report received by the board after 1283
1559-the due date shall be processed in the following quarterly cycle. Failure 1284
1560-to timely submit the quarterly report shall result in a delay of the 1285
1561-subsidy for that quarter, which shall be paid as a retroactive subsidy as 1286
1562-provided in subdivision (2) of this subsection. 1287
1563-(2) Retroactive subsidy payments shall be limited to the subsidy 1288
1564-amount for six months prior to the first day of the month in which the 1289
1565-board receives an untimely report with the new eligible members or 1290
1566-dependents included, except for members recently approved by the 1291
1567-board for a disability allowance. The board shall pay the subsidy 1292
1568-retroactively to the effective date of the disability, provided the eligible 1293
1569-members or dependents are added to the report no later than the first 1294
1570-quarter following the board's approval of the disability and the 1295
1571-member's disability allowance is initiated within three months of 1296 Substitute Bill No. 1119
1572-
1573-
1574-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
1575-R01-SB.docx }
1576-42 of 51
1577-
1578-board approval. The employer shall hold any member or dependent 1297
1579-harmless for any costs associated with, arising from or out of the loss 1298
1580-of the benefit of the subsidy as a result of such employer's untimely or 1299
1581-inaccurate filing of the quarterly report. 1300
1582-Sec. 15. Section 10-183v of the general statutes is repealed and the 1301
1583-following is substituted in lieu thereof (Effective July 1, 2019): 1302
1584-(a) (1) Except as provided in subdivisions (2) and (3) of this 1303
1585-subsection and subsection (b) of this section, a teacher receiving 1304
1586-retirement benefits from the system may not be employed by an 1305
1587-employer in a [teaching] position receiving compensation paid out of 1306
1588-public money appropriated for school purposes except that such 1307
1589-teacher may be employed in such a position and receive no more than 1308
1590-forty-five per cent of the maximum salary level for the assigned 1309
1591-position. Any teacher who receives in excess of such amount shall 1310
1592-reimburse the board for the amount of such excess. 1311
1593-(2) Commencing July 1, 2016, to June 30, 2020, inclusive, the 1312
1594-provisions of subdivision (1) of this subsection establishing a limitation 1313
1595-on the compensation of a reemployed teacher and requiring the 1314
1596-reimbursement of any amount received in excess of that limitation 1315
1597-shall not apply to a teacher who (A) is receiving retirement benefits 1316
1598-from the system based on thirty-four or more years of credited service, 1317
1599-(B) is reemployed as a teacher in a district designated as an alliance 1318
1600-district pursuant to section 10-262u, and (C) was serving as a teacher in 1319
1601-that district on July 1, 2015. 1320
1602-(3) On and after July 1, 2016, a teacher receiving retirement benefits 1321
1603-from the system may be employed in a teaching position and receive 1322
1604-(A) compensation paid out of public money appropriated for school 1323
1605-purposes, (B) health insurance benefits, and (C) other employment 1324
1606-benefits provided to active teachers employed by such school system, 1325
1607-provided such teacher does not receive a retirement income during 1326
1608-such employment. Payment of such teacher's retirement income shall 1327
1609-resume on the first day of the month following the termination of such 1328 Substitute Bill No. 1119
1610-
1611-
1612-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
1613-R01-SB.docx }
1614-43 of 51
1615-
1616-employment. The compensation under subparagraph (A) of this 1329
1617-subdivision shall be provided in accordance with subsection (c) of this 1330
1618-section. 1331
1619-(4) Notice of employment under this subsection shall be sent to the 1332
1620-board by the employer at the beginning and end of the school year, or 1333
1621-assignment within the school year when reemployed for less than the 1334
1622-full school year. 1335
1623-(b) A teacher receiving retirement benefits from the system may be 1336
1624-reemployed for up to one full school year by a local board of 1337
1625-education, the State Board of Education or by any constituent unit of 1338
1626-the state system of higher education in a position (1) designated by the 1339
1627-Commissioner of Education as a subject shortage area, or (2) at a 1340
1628-school located in a school district identified as a priority school district, 1341
1629-pursuant to section 10-266p, for the school year in which the teacher is 1342
1630-being employed. Notice of such reemployment shall be sent to the 1343
1631-board by the employer and by the retired teacher at the time of hire 1344
1632-and at the end of the assignment. Such reemployment may be 1345
1633-extended for an additional school year, provided the local board of 1346
1634-education (A) submits a written request for approval to the Teachers' 1347
1635-Retirement Board, (B) certifies that no qualified candidates are 1348
1636-available prior to the reemployment of such teacher, and (C) indicates 1349
1637-the type of assignment to be performed, the anticipated date of rehire 1350
1638-and the expected duration of the assignment. 1351
1639-(c) The employment of a teacher under subsections (a) and (b) of 1352
1640-this section shall not be considered as service qualifying for continuing 1353
1641-contract status under section 10-151 and the salary of such teacher shall 1354
1642-be fixed at an amount at least equal to that paid other teachers in the 1355
1643-same school system with similar training and experience for the same 1356
1644-type of service. 1357
1645-(d) No person shall be entitled to survivor's benefits under 1358
1646-subsection (f) of section 10-183f, as amended by this act, as a result of 1359
1647-reemployment under this section. 1360 Substitute Bill No. 1119
1648-
1649-
1650-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
1651-R01-SB.docx }
1652-44 of 51
1653-
1654-(e) The same option plan of retirement benefits in effect prior to 1361
1655-reemployment shall continue for a reemployed teacher during 1362
1656-reemployment. In the event a reemployed teacher who is not receiving 1363
1657-retirement benefits during reemployment dies during such 1364
1658-reemployment, such teacher's account shall be settled under the plan 1365
1659-in effect prior to such reemployment. 1366
1660-(f) The provisions of this section in effect on June 30, 2003, revision 1367
1661-of 1958, revised to January 1, 2003, shall be applicable to any person 1368
1662-making contributions to the Teachers' Retirement System on June 30, 1369
1663-2003, in accordance with said provisions. 1370
1664-Sec. 16. Section 10-183y of the general statutes is repealed and the 1371
1665-following is substituted in lieu thereof (Effective July 1, 2019): 1372
1666-Any member may appeal to the Teachers' Retirement Board for 1373
1667-reconsideration of a decision of the board affecting such member. Such 1374
1668-member shall submit with such appeal a written statement identifying 1375
1669-the section of the general statutes that provides for the benefit to which 1376
1670-such member claims he or she was entitled and denied by such 1377
1671-decision of the board. Such appeal shall be made within ninety days of 1378
1672-the date of issuance of written notice of such decision. The board shall 1379
1673-meet to review such member's records and, if requested in writing, 1380
1674-allow such member to appear at such meeting. The board shall render 1381
1675-a written decision within sixty days of receipt of such request for 1382
1676-reconsideration. 1383
1677-Sec. 17. Section 10-183ff of the general statutes is repealed and the 1384
1678-following is substituted in lieu thereof (Effective July 1, 2019): 1385
1679-(a) Should any change or error in records result in any member or 1386
1680-beneficiary receiving from the teachers' retirement system more or less 1387
1681-than he would have been entitled to receive had the records been 1388
1682-correct, then upon discovery of any such error the Teachers' 1389
1683-Retirement Board shall notify the member or beneficiary affected and 1390
1684-correct the same, and as far as practicable shall adjust the payments in 1391 Substitute Bill No. 1119
1685-
1686-
1687-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
1688-R01-SB.docx }
1689-45 of 51
1690-
1691-such manner that the actuarial equivalent of the benefit to which such 1392
1692-member or beneficiary was correctly entitled shall be paid, provided if 1393
1693-such change or error results in any member or beneficiary receiving 1394
1694-less than he would have been eligible to receive, such member or 1395
1695-beneficiary may elect to have such benefit paid in a single payment. 1396
1696-The board may, within the board's discretion, grant a request for a 1397
1697-reimbursement of reasonable costs incurred by a member resulting 1398
1698-from a suspension of benefits in error by the board, provided such 1399
1699-member submits such request to the board not later than the last 1400
1700-business day of the month following the month in which such error 1401
1701-occurred. 1402
1702-(b) If a member or beneficiary has been overpaid through no fault of 1403
1703-his own, and he could not reasonably have been expected to detect the 1404
1704-error, the board may waive any repayment which it believes would 1405
1705-cause hardship. 1406
1706-(c) Upon determination by the Teachers' Retirement Board that any 1407
1707-person has erroneously been included in membership in the teachers' 1408
1708-retirement system, contributions and interest credited under the 1409
1709-provisions of this chapter shall be refunded and records of related 1410
1710-service voided. 1411
1711-(d) Upon determination that the Teachers' Retirement Board has 1412
1712-invoiced a member for the purchase of additional credited service in 1413
1713-an amount in excess of that permitted by law, and such member has 1414
1714-paid the invoiced amount, the amount of the overpayment shall be 1415
1715-refunded to such member with interest at a rate equal to the average of 1416
1716-interest rates for the most recent ten-year period from the date of the 1417
1717-member's retirement to the date such amount is refunded. 1418
1718-[(e) Upon determination that a member has not purch ased 1419
1719-additional credited service which was invoiced to him in an amount in 1420
1720-excess of that permitted by law, such member shall be given the 1421
1721-opportunity at any time to make such purchase by the payment of the 1422
1722-proper amount with interest to the date of payment. The additional 1423 Substitute Bill No. 1119
1723-
1724-
1725-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
1726-R01-SB.docx }
1727-46 of 51
1728-
1729-benefit resulting from the credited service so purchased shall be made 1424
1730-retroactive to the date of the member's retirement, and the aggregate 1425
1731-amount of such additional benefit shall be paid to the member in a 1426
1732-single payment together with interest calculated at a rate equal to the 1427
1733-average of interest rates for the most recent ten-year period from the 1428
1734-date each payment was due to the date such payment is made.] 1429
1735-[(f)] (e) Upon determination by the Teachers' Retirement Board that 1430
1736-a member received, on or after November 1, 2008, an estimate of 1431
1737-benefits statement from the board that contained a material error, the 1432
1738-board shall pay the member the benefits set forth in such estimate if 1433
1739-the board determines that (1) the member could not reasonably have 1434
1740-been expected to detect such error, and (2) the member, in reliance 1435
1741-upon such estimate, irrevocably submitted (A) his or her resignation to 1436
1742-the employing board of education, and (B) a formal application of 1437
1743-retirement to the Teachers' Retirement Board. For purposes of this 1438
1744-subsection, "material error" means an error that amounts to a 1439
1745-difference of ten per cent or greater between the estimated retirement 1440
1746-benefits and the actual retirement benefits to which such member 1441
1747-would otherwise be entitled. 1442
1748-Sec. 18. Subsection (d) of section 10-66dd of the general statutes is 1443
1749-repealed and the following is substituted in lieu thereof (Effective July 1444
1750-1, 2019): 1445
1751-(d) (1) An otherwise qualified school professional hired by a charter 1446
1752-school prior to July 1, 2010, and employed in a charter school may 1447
1753-participate in the state teachers' retirement system under chapter 167a 1448
1754-on the same basis as if such professional were employed by a local or 1449
1755-regional board of education. The governing council of a charter school 1450
1756-shall make the contributions, as defined in [subdivision (7) of] section 1451
1757-10-183b, as amended by this act, for such professional. 1452
1758-(2) An otherwise qualified school professional hired by a charter 1453
1759-school on or after July 1, 2010, and who has not previously been 1454
1760-employed by a charter school in this state prior to July 1, 2010, shall 1455 Substitute Bill No. 1119
1761-
1762-
1763-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
1764-R01-SB.docx }
1765-47 of 51
1766-
1767-participate in the state teachers' retirement system under chapter 167a 1456
1768-on the same basis as if such professional were employed by a local or 1457
1769-regional board of education. The governing council of a charter school 1458
1770-shall make the contributions, as defined in [subdivision (7) of] section 1459
1771-10-183b, as amended by this act, for such professional. 1460
1772-(3) Any administrator or person providing instruction or pupil 1461
1773-services in a charter school who holds a charter school educator permit 1462
1774-issued by the State Board of Education pursuant to section 10-145q 1463
1775-shall participate in the state teachers' retirement system under chapter 1464
1776-167a pursuant to subdivision (2) of this section when such 1465
1777-administrator or person providing instruction or pupil services obtains 1466
1778-professional certification pursuant to section 10-145b. 1467
1779-Sec. 19. Section 10-183gg of the general statutes is repealed and the 1468
1780-following is substituted in lieu thereof (Effective July 1, 2019): 1469
1781-Part-time service averaging at least one-half of a school day but less 1470
1782-than a full school day shall be treated as full-time service for purposes 1471
1783-of determining eligibility for benefits under this chapter. For purposes 1472
1784-of determining benefits under subsections (a) to (d), inclusive, of 1473
1785-section 10-183g, as amended by this act, the percentages utilized in 1474
1786-said sections shall be proportionally reduced for each year or portion 1475
1787-of a year of service rendered or purchased after July 1, 1977, which is 1476
1788-part-time service. Notwithstanding the provisions [of subdivision (4)] 1477
1789-of section 10-183b, as amended by this act, the average annual salary of 1478
1790-a member with part-time service shall be such member's full-time 1479
1791-annualized salary during his three highest years. Any benefit awarded 1480
1792-pursuant to this section shall be proportional in all respects to the 1481
1793-benefit which would have been payable had such service been 1482
1794-rendered on a full-time basis. 1483
1795-Sec. 20. Subsection (a) of section 10-183jj of the general statutes is 1484
1796-repealed and the following is substituted in lieu thereof (Effective July 1485
1797-1, 2019): 1486 Substitute Bill No. 1119
1798-
1799-
1800-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
1801-R01-SB.docx }
1802-48 of 51
1803-
1804-(a) A local or regional board of education may establish a retirement 1487
1805-incentive plan for teachers, as defined in subparagraph (A) of 1488
1806-subdivision [(26)] (30) of section 10-183b, as amended by this act, in its 1489
1807-employ who are members of the teachers' retirement system. The plan 1490
1808-shall provide for purchase of additional credited service by a board of 1491
1809-education and a member of the system who chooses to participate in 1492
1810-the plan, of additional credited service for such member and for 1493
1811-payment by the board of education of not less than fifty per cent of the 1494
1812-entire cost of such additional credited service and payment by the 1495
1813-member of the remaining percentage of such total cost. The member 1496
1814-shall pay the remaining percentage of such total cost, if any, in one 1497
1815-lump sum not later than thirty days after receipt of notification by the 1498
1816-Teachers' Retirement Board of the amount owed. Any such plan shall 1499
1817-specify a maximum number of years, not exceeding five years, of 1500
1818-additional credited service which may be purchased under the plan. 1501
1819-Any such plan shall have a two-month application period. 1502
1820-Sec. 21. Section 10-183kk of the general statutes is repealed and the 1503
1821-following is substituted in lieu thereof (Effective July 1, 2019): 1504
1822-Notwithstanding any other provisions of this chapter, mandatory 1505
1823-retirement contributions described in subdivision [(7)] (8) of section 10-1506
1824-183b, as amended by this act, payable on all salary earned on or after 1507
1825-July 1, 1991, shall be picked up by the employer of any teacher who is a 1508
1826-member of the state teachers' retirement system. Such picked-up 1509
1827-contributions shall be in lieu of employee contributions. The employer 1510
1828-shall pick up these mandatory contributions by an equivalent 1511
1829-reduction in the cash salary of the employee. Employees shall not have 1512
1830-the option of choosing to receive the contributed amounts directly 1513
1831-instead of having them paid by the employer to the retirement system. 1514
1832-Employee contributions so picked up shall be treated for all purposes 1515
1833-in the same manner and to the same extent as employee contributions 1516
1834-prior to July 1, 1991. The mandatory contributions so picked up by the 1517
1835-teacher's employer shall for all purposes of this chapter be considered 1518
1836-to be included in the teacher's annual salary. 1519 Substitute Bill No. 1119
1837-
1838-
1839-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
1840-R01-SB.docx }
1841-49 of 51
1842-
1843-Sec. 22. Section 10-183pp of the general statutes is repealed and the 1520
1844-following is substituted in lieu thereof (Effective July 1, 2019): 1521
1845-Any member who began receiving disability benefits October 1, 1522
1846-1977, under the provisions of subsection (d) of section 10-166 and who 1523
1847-elected to receive benefits in accordance with the former provisions of 1524
1848-subsection (c) of section 10-164-7 of the Regulations of Connecticut 1525
1849-State Agencies in effect June 30, 1978, may elect to receive such benefits 1526
1850-readjusted under the provisions of subsection [(b) or] (c) or (d) of 1527
1851-section 10-183j, as amended by this act, provided such member 1528
1852-provides written notice of such election to the Teachers' Retirement 1529
1853-Board not later than ninety days following January 1, 2001. 1530
1854-Sec. 23. Section 10-183rr of the general statutes is repealed and the 1531
1855-following is substituted in lieu thereof (Effective July 1, 2019): 1532
1856-Notwithstanding the provisions of subdivision [(26)] (30) of section 1533
1857-10-183b, as amended by this act, concerning the requirement that a 1534
1858-teacher hold a certificate for the position in which the person is 1535
1859-employed, any teacher who possesses a certificate or permit issued by 1536
1860-the State Board of Education and is notified on or after December 1, 1537
1861-2003, by the Department of Education that such teacher is not properly 1538
1862-certified for the position in which the teacher is employed or has been 1539
1863-employed, such teacher shall receive no further credit in the teachers' 1540
1864-retirement system for employment in such position until the teacher 1541
1865-becomes properly certified for such position. The Teachers' Retirement 1542
1866-Board shall not rescind any credited service to such teacher for such 1543
1867-employment and shall restore any such credit to such teacher if 1544
1868-rescinded prior to May 27, 2008. 1545
1869-Sec. 24. Section 10a-55i of the general statutes is repealed and the 1546
1870-following is substituted in lieu thereof (Effective July 1, 2019): 1547
1871-(a) There is established a Higher Education Consolidation 1548
1872-Committee which shall be convened by the chairpersons of the joint 1549
1873-standing committee of the General Assembly having cognizance of 1550 Substitute Bill No. 1119
1874-
1875-
1876-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
1877-R01-SB.docx }
1878-50 of 51
1879-
1880-matters relating to higher education or such chairpersons' designee, 1551
1881-who shall be a member of such joint standing committee. The 1552
1882-membership of the Higher Education Consolidation Committee shall 1553
1883-consist of the higher education subcommittee on appropriations and 1554
1884-the chairpersons, vice chairpersons and ranking members of the joint 1555
1885-standing committees of the General Assembly having cognizance of 1556
1886-matters relating to higher education and appropriations. The Higher 1557
1887-Education Consolidation Committee shall establish a meeting and 1558
1888-public hearing schedule for purposes of receiving updates from (1) the 1559
1889-Board of Regents for Higher Education on the progress of the 1560
1890-consolidation of the state system of higher education pursuant to this 1561
1891-section, section 4-9c, subsection (g) of section 5-160, section 5-199d, 1562
1892-subsection (a) of section 7-323k, subsection (a) of section 7-608, 1563
1893-subsection (a) of section 10-9, section 10-155d, subdivision [(14)] (17) of 1564
1894-section 10-183b, as amended by this act, sections 10a-1a to 10a-1d, 1565
1895-inclusive, 10a-3 and 10a-3a, subsection (a) of section 10a-6a, sections 1566
1896-10a-6b, 10a-8, 10a-10a to 10a-11a, inclusive, 10a-17d and 10a-22a, 1567
1897-subsections (f) and (h) of section 10a-22b, subsections (c) and (d) of 1568
1898-section 10a-22d, sections 10a-22h and 10a-22k, subsection (a) of section 1569
1899-10a-22n, sections 10a-22r, 10a-22s, 10a-22u, 10a-22v, 10a-22x and 10a-34 1570
1900-to 10a-35a, inclusive, subsection (a) of section 10a-48a, sections 10a-71 1571
1901-and 10a-72, subsections (c) and (f) of section 10a-77, section 10a-88, 1572
1902-subsection (a) of section 10a-89, subsection (c) of section 10a-99 and 1573
1903-sections 10a-102, 10a-104, 10a-105, 10a-109e, 10a-143 and 10a-168a, and 1574
1904-(2) the Board of Regents for Higher Education and The University of 1575
1905-Connecticut on the program approval process for the constituent units. 1576
1906-The Higher Education Consolidation Committee shall convene its first 1577
1907-meeting on or before September 15, 2011, and meet not less than once 1578
1908-every two months. 1579
1909-(b) The Office of Higher Education shall enter into a memorandum 1580
1910-of understanding with the Office of Legislative Management providing 1581
1911-that up to one hundred thousand dollars appropriated to said Office of 1582
1912-Higher Education shall be used by the Higher Education 1583
1913-Consolidation Committee to hire a consultant to assist said committee 1584 Substitute Bill No. 1119
1914-
1915-
1916-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01119-
1917-R01-SB.docx }
1918-51 of 51
1919-
1920-in fulfilling its duties. 1585
25+Section 1. (Effective from passage) The Comptroller shall conduct a 1
26+review of expenditures for the state employees retirement system and 2
27+the teachers' retirement system during the biennium ending June 30, 3
28+2019. Not later than February 1, 2020, the Comptroller shall submit the 4
29+results of such review, in accordance with section 11-4a of the general 5
30+statutes, to the joint standing committee of the General Assembly 6
31+having cognizance of matters relating to appropriations and the 7
32+budgets of state agencies. 8
192133 This act shall take effect as follows and shall amend the following
192234 sections:
192335
1924-Section 1 July 1, 2019 10-183b
1925-Sec. 2 July 1, 2019 10-183e
1926-Sec. 3 July 1, 2019 10-183f
1927-Sec. 4 July 1, 2019 10-183g
1928-Sec. 5 July 1, 2019 10-183h
1929-Sec. 6 July 1, 2019 10-183i(a)
1930-Sec. 7 July 1, 2019 10-183j
1931-Sec. 8 July 1, 2019 10-183k
1932-Sec. 9 July 1, 2019 10-183l
1933-Sec. 10 July 1, 2019 10-183n
1934-Sec. 11 July 1, 2019 10-183o
1935-Sec. 12 July 1, 2019 10-183p
1936-Sec. 13 July 1, 2019 10-183q
1937-Sec. 14 July 1, 2019 10-183t
1938-Sec. 15 July 1, 2019 10-183v
1939-Sec. 16 July 1, 2019 10-183y
1940-Sec. 17 July 1, 2019 10-183ff
1941-Sec. 18 July 1, 2019 10-66dd(d)
1942-Sec. 19 July 1, 2019 10-183gg
1943-Sec. 20 July 1, 2019 10-183jj(a)
1944-Sec. 21 July 1, 2019 10-183kk
1945-Sec. 22 July 1, 2019 10-183pp
1946-Sec. 23 July 1, 2019 10-183rr
1947-Sec. 24 July 1, 2019 10a-55i
36+Section 1 from passage New section
37+ Raised Bill No. 1119
194838
1949-APP Joint Favorable Subst.
39+
40+
41+LCO No. 6660 2 of 2
42+
43+Statement of Purpose:
44+To review expenditures for the state employees retirement system and
45+the teachers' retirement system.
46+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
47+except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
48+not underlined.]
195049