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 Section 10-183b of the general statutes is repealed and the 1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