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4 | 4 | | LCO No. 2711 1 of 56 |
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5 | 5 | | |
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6 | 6 | | General Assembly Raised Bill No. 438 |
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7 | 7 | | February Session, 2020 |
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8 | 8 | | LCO No. 2711 |
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9 | 9 | | |
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10 | 10 | | |
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11 | 11 | | Referred to Committee on APPROPRIATIONS |
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12 | 12 | | |
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13 | 13 | | |
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14 | 14 | | Introduced by: |
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15 | 15 | | (APP) |
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16 | 16 | | |
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17 | 17 | | |
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18 | 18 | | |
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19 | 19 | | |
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20 | 20 | | AN ACT CONCERNING RE VISIONS TO THE TEACHERS' |
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21 | 21 | | RETIREMENT SYSTEM. |
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22 | 22 | | Be it enacted by the Senate and House of Representatives in General |
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23 | 23 | | Assembly convened: |
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24 | 24 | | |
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25 | 25 | | Section 1. Section 10-183b of the 2020 supplement to the general 1 |
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26 | 26 | | statutes is repealed and the following is substituted in lieu thereof 2 |
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27 | 27 | | (Effective July 1, 2020): 3 |
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28 | 28 | | As used in this chapter, unless the context otherwise requires: 4 |
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29 | 29 | | (1) "Actuarial reserve basis" means a basis under which the liabilities 5 |
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30 | 30 | | of the retirement system are determined under acceptable actuarial 6 |
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31 | 31 | | methods and under which assets are accumulated under a program 7 |
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32 | 32 | | designed to achieve a proper balance between the accumulated assets 8 |
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33 | 33 | | and the liabilities of the system. 9 |
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34 | 34 | | (2) "Amortization of unfunded liabilities" means: (A) For fiscal years 10 |
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35 | 35 | | ending on or before June 30, 2019, a systematic program of annual 11 |
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36 | 36 | | payments determined as a level per cent of expected member annual 12 |
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37 | 37 | | salaries in lieu of a lump sum payment; and (B) for fiscal years ending 13 |
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38 | 38 | | on or after June 30, 2020, a systematic program of annual payments, 14 Raised Bill No. 438 |
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39 | 39 | | |
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40 | 40 | | |
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41 | 41 | | |
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42 | 42 | | LCO No. 2711 2 of 56 |
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43 | 43 | | |
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44 | 44 | | transitioning equally over five consecutive fiscal years from a level per 15 |
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45 | 45 | | cent of expected annual member salaries to a level payment, in lieu of a 16 |
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46 | 46 | | lump sum payment. 17 |
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47 | 47 | | (3) "Annual salary" means the annual salary rate for service as a 18 |
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48 | 48 | | Connecticut teacher during a school year but not including unused sick 19 |
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49 | 49 | | leave, unused vacation, terminal pay, coaching or extra duty 20 |
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50 | 50 | | assignments, unless compensation for coaching or extra duty 21 |
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51 | 51 | | assignment was included in salary for which contributions were made 22 |
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52 | 52 | | prior to July 1, 1971. In no event shall annual salary include amounts 23 |
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53 | 53 | | determined by the board to be included for the purpose of inflating the 24 |
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54 | 54 | | member's average annual salary. The inclusion in annual salary of 25 |
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55 | 55 | | amounts paid to the member, in lieu of payment by the employer for the 26 |
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56 | 56 | | cost of benefits, insurance, or individual retirement arrangements which 27 |
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57 | 57 | | in prior years had been paid by the employer and not included in the 28 |
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58 | 58 | | member's annual salary, shall be prima facie evidence that such 29 |
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59 | 59 | | amounts are included for the purpose of inflating the member's average 30 |
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60 | 60 | | annual salary. Annual salary shall not (A) include payments the timing 31 |
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61 | 61 | | of which may be directed by the member, (B) include payments to a 32 |
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62 | 62 | | superintendent pursuant to an individual contract between such 33 |
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63 | 63 | | superintendent and a board of education, of amounts which are not 34 |
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64 | 64 | | included in base salary, or (C) exceed the maximum amount allowed 35 |
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65 | 65 | | under Section 401(a)(17) of the Internal Revenue Code for the applicable 36 |
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66 | 66 | | limitation year, provided in no event shall the limitation under Section 37 |
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67 | 67 | | 401(a)(17) of the Internal Revenue Code apply to the annual salary of a 38 |
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68 | 68 | | member whose membership began prior to January 1, 1996, if such 39 |
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69 | 69 | | limitation would reduce the amount of the member's annual salary 40 |
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70 | 70 | | below the amount permitted for calculation of the member's retirement 41 |
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71 | 71 | | benefit under this chapter, [167a,] without regard to the limitation under 42 |
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72 | 72 | | Section 401(a)(17) of the Internal Revenue Code. Annual salary shall 43 |
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73 | 73 | | include amounts paid to the member during a sabbatical leave during 44 |
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74 | 74 | | which mandatory contributions were remitted, provided such member 45 |
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75 | 75 | | returned to full-time teaching for at least five full years following the 46 |
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76 | 76 | | completion of such leave. 47 |
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77 | 77 | | (4) "Average annual salary" means the average [annual salary 48 Raised Bill No. 438 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | |
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81 | 81 | | LCO No. 2711 3 of 56 |
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82 | 82 | | |
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83 | 83 | | received during the three years of highest salary] of the three highest 49 |
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84 | 84 | | annual salaries received as an active member. 50 |
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85 | 85 | | (5) "Board" means the Teachers' Retirement Board. 51 |
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86 | 86 | | (6) "Child" means a natural child, an adopted child, or a stepchild of 52 |
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87 | 87 | | a deceased member who has been a stepchild for at least one year 53 |
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88 | 88 | | immediately prior to the date on which the member died. A child is a 54 |
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89 | 89 | | "dependent child" of a deceased member if at the time of the member's 55 |
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90 | 90 | | death (A) the member was living with the child or providing or 56 |
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91 | 91 | | obligated to provide, by agreement or court order, a reasonable portion 57 |
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92 | 92 | | of the support of the child, and (B) the child (i) is unmarried and has not 58 |
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93 | 93 | | attained age eighteen, or (ii) is disabled and such disability began prior 59 |
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94 | 94 | | to the child's attaining age eighteen. 60 |
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95 | 95 | | (7) "Contributions" means amounts withheld pursuant to this chapter 61 |
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96 | 96 | | and paid to the board by an employer from compensation payable to a 62 |
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97 | 97 | | member. Prior to July 1, 1989, "mandatory contributions" are 63 |
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98 | 98 | | contributions required to be withheld under this chapter and consist of 64 |
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99 | 99 | | five per cent regular contributions and "one per cent contributions". 65 |
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100 | 100 | | From July 1, 1989, to June 30, 1992, "mandatory contributions" are 66 |
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101 | 101 | | contributions required to be withheld under this chapter and consist of 67 |
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102 | 102 | | five per cent regular contributions and one per cent health 68 |
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103 | 103 | | contributions. From July 1, 1992, to June 30, 2004, "mandatory 69 |
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104 | 104 | | contributions" are contributions required to be withheld under this 70 |
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105 | 105 | | chapter and consist of six per cent "regular contributions" and one per 71 |
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106 | 106 | | cent health contributions. From July 1, 2004, to December 31, 2017, 72 |
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107 | 107 | | "mandatory contributions" are contributions required to be withheld 73 |
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108 | 108 | | under this chapter and consist of six per cent regular contributions and 74 |
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109 | 109 | | one and one-fourth per cent health contributions. From January 1, 2018, 75 |
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110 | 110 | | to December 31, 2019, inclusive, "mandatory contributions" are 76 |
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111 | 111 | | contributions required to be withheld under this chapter and consist of 77 |
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112 | 112 | | seven per cent "regular contributions" and one and one-fourth per cent 78 |
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113 | 113 | | health contributions. On and after January 1, 2020, "mandatory 79 |
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114 | 114 | | contributions" are contributions required to be withheld under this 80 |
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115 | 115 | | chapter and consist of seven per cent "regular contributions" and one 81 Raised Bill No. 438 |
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116 | 116 | | |
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117 | 117 | | |
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118 | 118 | | |
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119 | 119 | | LCO No. 2711 4 of 56 |
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120 | 120 | | |
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121 | 121 | | and one-fourth per cent health contributions, except that no health 82 |
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122 | 122 | | contributions shall be required for an employee of the state that (A) has 83 |
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123 | 123 | | completed the vesting service necessary to receive health benefits 84 |
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124 | 124 | | provided to retired state employees, and (B) does not participate in any 85 |
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125 | 125 | | group health insurance plans maintained for retired teachers. Nothing 86 |
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126 | 126 | | in this subdivision shall affect any other obligation of such a state 87 |
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127 | 127 | | employee to contribute to the state's retiree health care trust fund. 88 |
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128 | 128 | | "Voluntary contributions" are contributions by a member authorized to 89 |
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129 | 129 | | be withheld under section 10-183i, as amended by this act. 90 |
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130 | 130 | | (8) "Coparticipant" means a designated beneficiary under the 91 |
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131 | 131 | | provisions of subsection (d) of section 10-183j, as amended by this act. 92 |
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132 | 132 | | [(8)] (9) "Credited interest" means interest at the rate from time to time 93 |
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133 | 133 | | fixed by the board consistent with industry standards and practices. 94 |
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134 | 134 | | Such interest shall be applied to a member's account based on the 95 |
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135 | 135 | | balance as of the previous June thirtieth. Credited interest shall [be 96 |
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136 | 136 | | assessed] accrue on any mandatory contributions which were due but 97 |
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137 | 137 | | not remitted prior to the close of the school year for which salary was 98 |
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138 | 138 | | paid. 99 |
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139 | 139 | | [(9)] (10) "Current service" means service rendered in the current 100 |
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140 | 140 | | fiscal year. 101 |
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141 | 141 | | [(10)] (11) "Dependent former spouse" means a former spouse of a 102 |
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142 | 142 | | deceased member who (A) has in his or her care a dependent child of 103 |
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143 | 143 | | the deceased member; and (B) was receiving, or was entitled to receive, 104 |
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144 | 144 | | from the deceased member at the time of the death of the deceased 105 |
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145 | 145 | | member, at least one-half of his or her support; and (C) has not 106 |
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146 | 146 | | remarried; and (D) is the parent of the child or adopted the child while 107 |
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147 | 147 | | married to the member and before the child attained age eighteen or, 108 |
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148 | 148 | | while married to the member, both of them adopted the child before the 109 |
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149 | 149 | | child attained age eighteen. 110 |
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150 | 150 | | [(11)] (12) "Dependent parent" means a parent of a deceased member 111 |
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151 | 151 | | who (A) has reached the age of sixty-five; and (B) has not married after 112 |
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152 | 152 | | the death of the member; and (C) was receiving at least one-half of his 113 Raised Bill No. 438 |
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153 | 153 | | |
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154 | 154 | | |
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155 | 155 | | |
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156 | 156 | | LCO No. 2711 5 of 56 |
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157 | 157 | | |
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158 | 158 | | or her support from the member at the time of the member's death and 114 |
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159 | 159 | | files proof of such support within two years of the date of the member's 115 |
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160 | 160 | | death; and (D) is not receiving, or entitled to a federal or state old age 116 |
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161 | 161 | | benefit based on the parent's own earnings, equal to or greater than the 117 |
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162 | 162 | | amount the parent would be entitled to as a dependent parent under 118 |
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163 | 163 | | this chapter. A "parent of a deceased member" is (i) the mother or father 119 |
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164 | 164 | | of a deceased member; or (ii) a stepparent of a deceased member by a 120 |
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165 | 165 | | marriage entered into before the member attained age sixteen; or (iii) an 121 |
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166 | 166 | | adopting parent of a deceased member who adopted the deceased 122 |
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167 | 167 | | member before the member attained age sixteen. 123 |
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168 | 168 | | [(12)] (13) "Designated beneficiary" means a person designated on a 124 |
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169 | 169 | | form prescribed by the board by a member to receive amounts which 125 |
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170 | 170 | | may become payable under this chapter as the result of the member's 126 |
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171 | 171 | | death whether before or after retirement. If a designated beneficiary is 127 |
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172 | 172 | | not living at the time of the death of a member, the amounts that would 128 |
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173 | 173 | | have been payable to the designated beneficiary shall be paid to the 129 |
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174 | 174 | | member's estate. 130 |
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175 | 175 | | (14) "Disability allowance" means the amount payable to a disabled 131 |
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176 | 176 | | member pursuant to the provisions of section 10-183aa, as amended by 132 |
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177 | 177 | | this act. 133 |
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178 | 178 | | [(13)] (15) "Disabled" means the inability to perform any teaching 134 |
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179 | 179 | | service, whether or not such service is performed full-time or part-time, 135 |
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180 | 180 | | in a public or nonpublic school or a nonschool setting, on a volunteer 136 |
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181 | 181 | | basis or for compensation, within or without the state of Connecticut, or 137 |
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182 | 182 | | engage in any substantial gainful activity by reason of any medically 138 |
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183 | 183 | | determinable physical or mental impairment [which] that (A) is 139 |
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184 | 184 | | permanent or can be expected to last continually for not less than twelve 140 |
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185 | 185 | | months from the onset of such impairment, or (B) can be expected to 141 |
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186 | 186 | | result in death or to be of long-continued and indefinite duration, except 142 |
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187 | 187 | | that during the first twenty-four months that a member is receiving a 143 |
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188 | 188 | | disability allowance, "disabled" means the inability to perform the usual 144 |
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189 | 189 | | duties of his occupation by reason of any such impairment. 145 Raised Bill No. 438 |
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190 | 190 | | |
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191 | 191 | | |
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192 | 192 | | |
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193 | 193 | | LCO No. 2711 6 of 56 |
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194 | 194 | | |
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195 | 195 | | [(14)] (16) "Employer" means an elected school committee, a board of 146 |
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196 | 196 | | education, the State Board of Education, the Office of Early Childhood, 147 |
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197 | 197 | | the Board of Regents for Higher Education or any of the constituent 148 |
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198 | 198 | | units, [the governing body of the Children's Center and its successors,] 149 |
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199 | 199 | | the E. O. Smith School and any other activity, institution or school 150 |
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200 | 200 | | employing members. With respect to members hired prior to July 1, 151 |
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201 | 201 | | 2020, "employer" also means the governing body of the Children's 152 |
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202 | 202 | | Center and its successors. 153 |
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203 | 203 | | [(15)] (17) "Formal leave of absence" means any absence from active 154 |
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204 | 204 | | service in the public schools of Connecticut formally granted by a 155 |
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205 | 205 | | member's employer as evidenced by contemporary records of the 156 |
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206 | 206 | | employer, provided in the case of an absence due to illness, medical or 157 |
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207 | 207 | | other evidence of such illness may, at the discretion of the Teachers' 158 |
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208 | 208 | | Retirement Board, be accepted in lieu of evidence of the formal granting 159 |
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209 | 209 | | of a leave. 160 |
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210 | 210 | | [(16)] (18) "Formal application of retirement" means (A) the member's 161 |
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211 | 211 | | application, birth certificate or notarized statement supported by other 162 |
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212 | 212 | | evidence satisfactory to the board, in lieu thereof, (B) records of service, 163 |
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213 | 213 | | [when] if such records are required by the board to determine a salary 164 |
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214 | 214 | | rate or years of creditable service, (C) a statement of payment plan, 165 |
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215 | 215 | | [and,] including, if applicable, the fixed period of time selected by a 166 |
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216 | 216 | | member under Plan C or the coparticipant's share designated under 167 |
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217 | 217 | | Plan D, pursuant to section 10-183j, as amended by this act, (D) in the 168 |
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218 | 218 | | case of an application for a disability benefit, a physician's or an 169 |
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219 | 219 | | advanced practice registered nurse's statement of health, (E) in the case 170 |
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220 | 220 | | of a member who is married, a marriage certificate, and (F) any other 171 |
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221 | 221 | | documentation required by the board. 172 |
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222 | 222 | | [(17)] (19) "Funding" means the accumulation of assets in advance of 173 |
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223 | 223 | | the payment of retirement allowances in accordance with a [definite 174 |
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224 | 224 | | actuarial program] reasonable actuarial methodology. 175 |
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225 | 225 | | [(18)] (20) "Member" means any Connecticut teacher employed for an 176 |
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226 | 226 | | average of at least one-half of each school day, [except that no teacher 177 Raised Bill No. 438 |
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227 | 227 | | |
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228 | 228 | | |
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229 | 229 | | |
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230 | 230 | | LCO No. 2711 7 of 56 |
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231 | 231 | | |
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232 | 232 | | who under any provision of the general statutes elects not to participate 178 |
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233 | 233 | | in the system shall be a member unless and until the teacher elects to 179 |
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234 | 234 | | participate in the system] and who was employed on and compensated 180 |
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235 | 235 | | for the first school day, according to such member's schedule, of a school 181 |
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236 | 236 | | month. Members teaching in a nonpublic school classified as a public 182 |
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237 | 237 | | school [by the board] under the provisions of this section may continue 183 |
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238 | 238 | | as members as long as they continue as teachers in such school even if 184 |
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239 | 239 | | the school ceases to be so classified. A former teacher who has not 185 |
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240 | 240 | | withdrawn his or her accumulated contributions shall be an "inactive 186 |
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241 | 241 | | member". A member who, during the period of a formal leave of 187 |
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242 | 242 | | absence granted by his or her employer, but not exceeding an aggregate 188 |
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243 | 243 | | of ten school months, continues to make mandatory contributions to the 189 |
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244 | 244 | | board, retains his or her status as an active member. 190 |
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245 | 245 | | [(19)] (21) "Normal cost" means the amount of contribution which the 191 |
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246 | 246 | | state is required to make into the retirement fund in order to meet the 192 |
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247 | 247 | | actuarial cost of current service. 193 |
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248 | 248 | | [(20)] (22) "Public school" means any day school conducted within or 194 |
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249 | 249 | | without this state under the orders and superintendence of a duly 195 |
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250 | 250 | | elected school committee, a board of education, the State Board of 196 |
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251 | 251 | | Education, the Office of Early Childhood, the board of governors or any 197 |
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252 | 252 | | of its constituent units, the E. O. Smith School, [the Children's Center 198 |
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253 | 253 | | and its successors, the State Education Resource Center established 199 |
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254 | 254 | | pursuant to section 10-4q of the 2014 supplement to the general statutes, 200 |
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255 | 255 | | revision of 1958, revised to January 1, 2013, the State Education Resource 201 |
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256 | 256 | | Center established pursuant to section 10-357a,] joint activities of boards 202 |
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257 | 257 | | of education authorized by subsection (b) of section 10-158a and any 203 |
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258 | 258 | | institution supported by the state at which teachers are employed or any 204 |
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259 | 259 | | incorporated secondary school not under the orders and 205 |
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260 | 260 | | superintendence of a duly elected school committee or board of 206 |
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261 | 261 | | education but located in a town not maintaining a high school and 207 |
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262 | 262 | | providing free tuition to pupils of the town in which it is located, and 208 |
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263 | 263 | | which has been approved by the State Board of Education under the 209 |
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264 | 264 | | provisions of part II of chapter 164, provided that such institution or 210 |
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265 | 265 | | such secondary school is classified as a public school by the retirement 211 Raised Bill No. 438 |
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266 | 266 | | |
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267 | 267 | | |
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268 | 268 | | |
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269 | 269 | | LCO No. 2711 8 of 56 |
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270 | 270 | | |
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271 | 271 | | board. With respect to members hired prior to July 1, 2020, "public 212 |
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272 | 272 | | school" also means the Children's Center and its successors, the State 213 |
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273 | 273 | | Education Resource Center established pursuant to section 10-4q of the 214 |
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274 | 274 | | 2014 supplement to the general statutes, revision of 1958, revised to 215 |
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275 | 275 | | January 1, 2013, and the State Education Resource Center established 216 |
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276 | 276 | | pursuant to section 10-357a. 217 |
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277 | 277 | | [(21)] (23) "Retirement allowance" means payments for life derived 218 |
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278 | 278 | | from member contributions, including credited interest, and 219 |
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279 | 279 | | contributions from the state. 220 |
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280 | 280 | | (24) "Retired member" means a member receiving a retirement 221 |
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281 | 281 | | benefit as computed under section 10-183g, as amended by this act. 222 |
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282 | 282 | | [(22)] (25) "School year" means the twelve months ending on June 223 |
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283 | 283 | | thirtieth of each year. 224 |
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284 | 284 | | [(23)] (26) "Surviving spouse" means a widow or widower of a 225 |
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285 | 285 | | deceased member who (A) was living with the member at the time of 226 |
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286 | 286 | | the member's death, or receiving, or entitled by court order or 227 |
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287 | 287 | | agreement to receive, regular support payments from the member, and 228 |
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288 | 288 | | (B) has not remarried. 229 |
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289 | 289 | | [(24)] (27) "Survivors" means a surviving spouse, a dependent former 230 |
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290 | 290 | | spouse, a dependent child and a dependent parent. 231 |
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291 | 291 | | [(25)] (28) "System" means the Connecticut teachers' retirement 232 |
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292 | 292 | | system. 233 |
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293 | 293 | | [(26)] (29) "Teacher" means (A) any person employed by the public 234 |
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294 | 294 | | schools of Connecticut, including, but not limited to, a teacher, 235 |
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295 | 295 | | permanent substitute teacher, principal, assistant principal, supervisor, 236 |
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296 | 296 | | assistant superintendent or superintendent employed by the public 237 |
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297 | 297 | | schools in a professional capacity while possessing a certificate or 238 |
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298 | 298 | | permit issued by the State Board of Education, except State Board of 239 |
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299 | 299 | | Education endorsement 85 or any successor to such endorsement, 240 |
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300 | 300 | | provided on and after July 1, 1975, such certificate shall be for the 241 Raised Bill No. 438 |
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301 | 301 | | |
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302 | 302 | | |
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303 | 303 | | |
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304 | 304 | | LCO No. 2711 9 of 56 |
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305 | 305 | | |
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306 | 306 | | position in which the person is then employed, except as provided for 242 |
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307 | 307 | | in section 10-183qq, (B) certified personnel hired prior to July 1, 2020, 243 |
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308 | 308 | | who provide health and welfare services for children in nonprofit 244 |
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309 | 309 | | schools, as provided in section 10-217a, under an oral or written 245 |
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310 | 310 | | agreement, (C) any person who is engaged in teaching or supervising 246 |
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311 | 311 | | schools for adults in a program that leads to a high school diploma if the 247 |
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312 | 312 | | annual salary paid for such service is equal to or greater than the 248 |
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313 | 313 | | minimum salary paid for a regular, full-time teaching position in the 249 |
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314 | 314 | | day schools in the town where such service is rendered, (D) a member 250 |
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315 | 315 | | of the professional staff of [the State Board of Education,] the Office of 251 |
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316 | 316 | | Early Childhood, or of the Board of Regents for Higher Education or any 252 |
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317 | 317 | | of the constituent units, [and] (E) a [member of the] staff member of the 253 |
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318 | 318 | | State Education Resource Center established pursuant to section 10-4q 254 |
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319 | 319 | | of the 2014 supplement to the general statutes, revision of 1958, revised 255 |
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320 | 320 | | to January 1, 2013, or the State Education Resource Center established 256 |
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321 | 321 | | pursuant to section 10-357a, employed in a professional capacity while 257 |
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322 | 322 | | possessing a certificate or permit issued by the State Board of Education, 258 |
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323 | 323 | | provided such staff member was hired prior to July 1, 2020, and (F) any 259 |
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324 | 324 | | person employed as professional staff of the State Board of Education, 260 |
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325 | 325 | | provided such person was a member or inactive member prior to July 1, 261 |
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326 | 326 | | 2020. A "permanent substitute teacher" is [one] a person who serves as 262 |
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327 | 327 | | [such for at least ten months during any school year] a substitute teacher 263 |
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328 | 328 | | in the same assignment for an entire school year. 264 |
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329 | 329 | | [(27)] (30) "Unfunded liability" means the actuarially determined 265 |
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330 | 330 | | value of the liability for service before the date of the actuarial valuation 266 |
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331 | 331 | | less the accumulated assets in the retirement fund. 267 |
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332 | 332 | | [(28)] (31) "Internal Revenue Code" means the Internal Revenue Code 268 |
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333 | 333 | | of 1986, or any subsequent corresponding internal revenue code of the 269 |
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334 | 334 | | United States, as from time to time amended, and any regulations 270 |
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335 | 335 | | promulgated under or interpretations of said code that may affect this 271 |
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336 | 336 | | chapter. 272 |
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337 | 337 | | [(29)] (32) "Limitation year" means the twelve-month period 273 |
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338 | 338 | | beginning each July first and ending each June thirtieth. 274 Raised Bill No. 438 |
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339 | 339 | | |
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340 | 340 | | |
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341 | 341 | | |
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342 | 342 | | LCO No. 2711 10 of 56 |
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343 | 343 | | |
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344 | 344 | | Sec. 2. Section 10-183c of the general statutes is repealed and the 275 |
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345 | 345 | | following is substituted in lieu thereof (Effective July 1, 2020): 276 |
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346 | 346 | | (a) The Connecticut teachers' retirement system is established to 277 |
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347 | 347 | | provide retirement and other benefits for teachers, their survivors and 278 |
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348 | 348 | | beneficiaries. On or after a member vests in the system by becoming 279 |
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349 | 349 | | eligible to receive a retirement benefit pursuant to section 10-183f, as 280 |
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350 | 350 | | amended by this act, or accumulates ten years of credited service in the 281 |
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351 | 351 | | system, as defined in subsection (a) of section 10-183e, as amended by 282 |
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352 | 352 | | this act, whichever is later, the member's benefit under sections 10-183e, 283 |
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353 | 353 | | 10-183f, 10-183g, 10-183h, 10-183j and 10-183aa, as amended by this act, 284 |
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354 | 354 | | is contractual in nature and no public or special act of the General 285 |
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355 | 355 | | Assembly shall diminish such benefit, provided this section shall apply 286 |
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356 | 356 | | only to an active member who is vested on October 1, 2003, or to a 287 |
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357 | 357 | | member who vests or accumulates ten years of credited service on or 288 |
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358 | 358 | | after October 1, 2003, and shall apply to the member's benefit in 289 |
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359 | 359 | | existence on October 1, 2003, or to the member's benefit in existence on 290 |
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360 | 360 | | the date the member vests or accumulates ten years of credited service, 291 |
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361 | 361 | | respectively, whichever is later. 292 |
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362 | 362 | | (b) In addition to the benefits described in subsection (a) of this 293 |
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363 | 363 | | section, upon the issuance of bonds authorized by section 10-183qq, all 294 |
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364 | 364 | | benefits of all members of the teachers' retirement system as of said 295 |
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365 | 365 | | issuance shall be construed to be contractual in nature, as long as the 296 |
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366 | 366 | | bonds issued in accordance with section 10-183qq or any subsequent 297 |
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367 | 367 | | reauthorizations of said bonds remain outstanding. Nothing in this 298 |
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368 | 368 | | subsection shall be construed to bestow any vested rights upon a 299 |
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369 | 369 | | member of the Connecticut teachers' retirement system until such time 300 |
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370 | 370 | | as those rights are earned in accordance with provisions in place upon 301 |
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371 | 371 | | issuance of the bonds pursuant to section 10-183qq. 302 |
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372 | 372 | | (c) Nothing in this section shall affect the provisions of section 10-303 |
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373 | 373 | | 183t, as amended by this act, or 10-183z. 304 |
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374 | 374 | | Sec. 3. Section 10-183e of the general statutes is repealed and the 305 |
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375 | 375 | | following is substituted in lieu thereof (Effective July 1, 2020): 306 Raised Bill No. 438 |
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376 | 376 | | |
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377 | 377 | | |
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378 | 378 | | |
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379 | 379 | | LCO No. 2711 11 of 56 |
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380 | 380 | | |
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381 | 381 | | (a) (1) A member shall receive a month of credited service for each 307 |
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382 | 382 | | month of service, from September to June, inclusive, as a teacher, 308 |
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383 | 383 | | [provided the Teachers' Retirement Board may grant a member] subject 309 |
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384 | 384 | | to the payment of the mandatory contribution for such month. Ten 310 |
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385 | 385 | | months of credited service shall be equal to one year of credited service. 311 |
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386 | 386 | | A member may not accumulate more than one year of credited service 312 |
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387 | 387 | | during any school year. 313 |
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388 | 388 | | (2) The Teachers' Retirement Board may allow a member to receive a 314 |
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389 | 389 | | month of credited service for a month during which such member was 315 |
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390 | 390 | | employed after the first school day but not later than the fifth school day 316 |
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391 | 391 | | of such month if [(1)] (A) such month was the member's first month of 317 |
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392 | 392 | | service as a teacher, [and (2)] (B) such month of credited service is 318 |
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393 | 393 | | needed by the member in order to qualify for a normal retirement 319 |
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394 | 394 | | benefit, [. Ten months of credited service shall be equal to one year of 320 |
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395 | 395 | | credited service. A member may not accumulate more than one year of 321 |
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396 | 396 | | credited service during any school year] and (C) the mandatory 322 |
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397 | 397 | | contribution for such month is paid. 323 |
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398 | 398 | | (b) Any member may purchase, as provided in subsection (c) of this 324 |
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399 | 399 | | section, additional credited service, but not to exceed an aggregate of 325 |
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400 | 400 | | one year in the case of service described in subdivision (2) of this 326 |
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401 | 401 | | subsection for each two years of active full-time service as a Connecticut 327 |
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402 | 402 | | teacher; and not to exceed an aggregate of one year in the case of absence 328 |
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403 | 403 | | described in subdivision (8) of this subsection for each five years of 329 |
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404 | 404 | | active full-time service as a Connecticut teacher, provided if any such 330 |
---|
405 | 405 | | absence exceeds thirty consecutive school months, such additional 331 |
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406 | 406 | | credited service shall be limited to thirty school months; and not to 332 |
---|
407 | 407 | | exceed an aggregate of ten years for all service described in this 333 |
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408 | 408 | | subsection, except for service described in subdivision (2) of this 334 |
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409 | 409 | | subsection. In no event may any service described in this subsection be 335 |
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410 | 410 | | purchased if the member is receiving or is, or will become, entitled to 336 |
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411 | 411 | | receive a retirement benefit based upon such service from any 337 |
---|
412 | 412 | | governmental system other than the teachers' retirement system or the 338 |
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413 | 413 | | federal Social Security System. Additional credited service includes: 339 Raised Bill No. 438 |
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414 | 414 | | |
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415 | 415 | | |
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416 | 416 | | |
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417 | 417 | | LCO No. 2711 12 of 56 |
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418 | 418 | | |
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419 | 419 | | (1) Service as a teacher in a school for military dependents established 340 |
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420 | 420 | | by the United States Department of Defense; 341 |
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421 | 421 | | (2) Service as a teacher in the public schools of another state of the 342 |
---|
422 | 422 | | United States, its territories or possessions; 343 |
---|
423 | 423 | | (3) Service in the armed forces of the United States in time of war, as 344 |
---|
424 | 424 | | defined in section 27-103, or service in said armed forces during the 345 |
---|
425 | 425 | | period beginning October 27, 1953, and ending January 31, 1955; 346 |
---|
426 | 426 | | (4) Service in a permanent full-time position for the state; 347 |
---|
427 | 427 | | (5) Service as a teacher at The University of Connecticut prior to July 348 |
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428 | 428 | | 1, 1965; 349 |
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429 | 429 | | (6) Service as a teacher at the Wheeler School and Library, North 350 |
---|
430 | 430 | | Stonington, prior to September 1, 1949; 351 |
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431 | 431 | | (7) Service as a teacher at the Gilbert Home, Winsted, prior to 352 |
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432 | 432 | | September 1, 1948; 353 |
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433 | 433 | | (8) Any formal leave of absence as provided in regulations adopted 354 |
---|
434 | 434 | | by the board, if the member subsequently returns to service for at least 355 |
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435 | 435 | | one school year; 356 |
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436 | 436 | | (9) Service as a teacher at the American School [at Hartford] for the 357 |
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437 | 437 | | Deaf, the Connecticut Institute for the Blind or the Newington 358 |
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438 | 438 | | Children's Hospital; 359 |
---|
439 | 439 | | (10) Forty or more days of service as a substitute teacher, or the 360 |
---|
440 | 440 | | equivalent service rendered at less than half-time, in a single public 361 |
---|
441 | 441 | | school system within the state of Connecticut in any school year, 362 |
---|
442 | 442 | | provided (A) eighteen days of such service shall equal one month of 363 |
---|
443 | 443 | | credited service under subsection (a) of this section, and (B) on and after 364 |
---|
444 | 444 | | July 1, 2020, such service shall be determined on a school year basis; 365 |
---|
445 | 445 | | (11) Service in the armed forces of the United States, other than 366 |
---|
446 | 446 | | service described in subdivision (3) of this subsection, not to exceed 367 Raised Bill No. 438 |
---|
447 | 447 | | |
---|
448 | 448 | | |
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449 | 449 | | |
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450 | 450 | | LCO No. 2711 13 of 56 |
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451 | 451 | | |
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452 | 452 | | thirty months; 368 |
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453 | 453 | | (12) Service as a full-time, salaried, elected official of the state or any 369 |
---|
454 | 454 | | political subdivision of the state during the 1978 calendar year or 370 |
---|
455 | 455 | | thereafter, if such member subsequently returns to service as a teacher 371 |
---|
456 | 456 | | in a public school for at least one school year; 372 |
---|
457 | 457 | | (13) Service in the public schools of Connecticut as a member of the 373 |
---|
458 | 458 | | federal Teacher Corps, not to exceed two years; 374 |
---|
459 | 459 | | (14) Service in the United States Peace Corps; 375 |
---|
460 | 460 | | (15) Service in the United States VISTA (Volunteers in Service to 376 |
---|
461 | 461 | | America) program; 377 |
---|
462 | 462 | | (16) Service in the public schools of Connecticut as a social work 378 |
---|
463 | 463 | | assistant, from January 1, 1969, to December 31, 1986, inclusive, if such 379 |
---|
464 | 464 | | member became a certified school social worker and remained in public 380 |
---|
465 | 465 | | school service as a social worker after certification; and 381 |
---|
466 | 466 | | (17) Service prior to July 1, 2007, as a member of the staff of the State 382 |
---|
467 | 467 | | Education Resource Center established pursuant to section 10-4q of the 383 |
---|
468 | 468 | | general statutes, revision of 1958, revised to January 1, 2007, employed 384 |
---|
469 | 469 | | in a professional capacity while possessing a certificate or permit issued 385 |
---|
470 | 470 | | by the State Board of Education. 386 |
---|
471 | 471 | | Any service described in subdivision (3), (8) or (10) of this subsection 387 |
---|
472 | 472 | | shall be considered service in the public schools of Connecticut. 388 |
---|
473 | 473 | | (c) Additional credited service [must] may only be purchased by a 389 |
---|
474 | 474 | | member (1) prior to the [time] effective date of such member's 390 |
---|
475 | 475 | | retirement, or (2) at the time a surviving spouse elects benefits under the 391 |
---|
476 | 476 | | provisions of subsection (d) of section 10-183h, as amended by this act. 392 |
---|
477 | 477 | | [, or (3) at the time benefits commence as provided under sections 10-393 |
---|
478 | 478 | | 183g and 10-183jj.] Any purchase of such service shall be accomplished 394 |
---|
479 | 479 | | by the member paying to the board an amount determined on the basis 395 |
---|
480 | 480 | | of actuarial factors adopted by the board that reflect the present value 396 |
---|
481 | 481 | | of one-half of the full actuarial cost of the benefit increase that will be 397 Raised Bill No. 438 |
---|
482 | 482 | | |
---|
483 | 483 | | |
---|
484 | 484 | | |
---|
485 | 485 | | LCO No. 2711 14 of 56 |
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486 | 486 | | |
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487 | 487 | | derived by the purchase of such service, except that in the case of 398 |
---|
488 | 488 | | purchase of service described in subdivision (17) of subsection (b) of this 399 |
---|
489 | 489 | | section, or in the case of purchase of service described in subdivision (2) 400 |
---|
490 | 490 | | of said subsection (b) in excess of ten years, the present value of the full 401 |
---|
491 | 491 | | actuarial cost. Such factors shall consider the member's age at the time 402 |
---|
492 | 492 | | of purchase, actual or projected salary, and the earliest date on which 403 |
---|
493 | 493 | | the member would be eligible for a normal retirement allowance. 404 |
---|
494 | 494 | | Payments for additional credited service may be made in a lump sum 405 |
---|
495 | 495 | | by transfer of funds from the member's accumulated one per cent 406 |
---|
496 | 496 | | contributions withheld prior to July 1, 1989, with credited interest and 407 |
---|
497 | 497 | | accumulated voluntary contributions with credited interest plus such 408 |
---|
498 | 498 | | other amounts as may be required to complete the purchase. Any other 409 |
---|
499 | 499 | | payment for additional credited service shall be made solely by payroll 410 |
---|
500 | 500 | | deduction of an amount subject to state, federal or local tax in the tax or 411 |
---|
501 | 501 | | income year in which such voluntary contribution is made and shall also 412 |
---|
502 | 502 | | include such other amounts as may be required to complete the 413 |
---|
503 | 503 | | purchase. Any such other amount shall be deposited directly into such 414 |
---|
504 | 504 | | member's regular account. No amount deposited in accordance with 415 |
---|
505 | 505 | | this subsection shall be treated as a voluntary contribution as described 416 |
---|
506 | 506 | | in section 10-183i, as amended by this act. 417 |
---|
507 | 507 | | [(d) For the purpose of determining eligibility for benefits under 418 |
---|
508 | 508 | | section 10-183f, credited service purchased under subsection (b) of this 419 |
---|
509 | 509 | | section shall not be used except that (1) service in a school for military 420 |
---|
510 | 510 | | dependents described in subdivision (1) of subsection (b) of this section 421 |
---|
511 | 511 | | and out-of-state public school service described in subdivision (2) of 422 |
---|
512 | 512 | | said subsection (b) shall be used to determine eligibility for a normal 423 |
---|
513 | 513 | | retirement benefit based upon thirty-five years of credited service and 424 |
---|
514 | 514 | | for an early retirement benefit; and (2) military service described in 425 |
---|
515 | 515 | | subdivision (3) of said subsection (b), any leave of absence described in 426 |
---|
516 | 516 | | subdivision (8) of said subsection (b) and substitute service described in 427 |
---|
517 | 517 | | subdivision (10) of said subsection (b) shall be used as if they were 428 |
---|
518 | 518 | | service in the public schools of Connecticut. 429 |
---|
519 | 519 | | (e) For purposes of computing benefit amounts under section 10-430 |
---|
520 | 520 | | 183g, other than proratable benefits and deferred vested retirement 431 Raised Bill No. 438 |
---|
521 | 521 | | |
---|
522 | 522 | | |
---|
523 | 523 | | |
---|
524 | 524 | | LCO No. 2711 15 of 56 |
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525 | 525 | | |
---|
526 | 526 | | benefits, credited service purchased under subsection (b) of this section 432 |
---|
527 | 527 | | shall be used in the same manner as credited service described in 433 |
---|
528 | 528 | | subsection (a) of this section. In computing proratable benefits, 434 |
---|
529 | 529 | | purchased service credits shall be used as set forth in subsection (b) of 435 |
---|
530 | 530 | | section 10-183g. In computing deferred vested retirement benefits, 436 |
---|
531 | 531 | | purchased service credits shall be used as set forth in subsection (d) of 437 |
---|
532 | 532 | | section 10-183g. In computing the lump sum death benefit under section 438 |
---|
533 | 533 | | 10-183h, military service described in subdivision (3) of subsection (b) 439 |
---|
534 | 534 | | of this section and leaves of absence described in subdivision (8) of said 440 |
---|
535 | 535 | | subsection (b) shall be used as if they were service in the public schools 441 |
---|
536 | 536 | | of Connecticut.] 442 |
---|
537 | 537 | | [(f)] (d) For purposes of computing benefit amounts under [section 443 |
---|
538 | 538 | | 10-183g] this chapter, whole months of credited service, including 444 |
---|
539 | 539 | | additional credited service, in excess of whole years shall be used in 445 |
---|
540 | 540 | | determining aggregate accumulations of credited service. 446 |
---|
541 | 541 | | [(g)] (e) Any member who has been elected to a full-time or part-time 447 |
---|
542 | 542 | | position in an organization which has been duly designated as the 448 |
---|
543 | 543 | | teachers' representative or who has been elected to a full-time or part-449 |
---|
544 | 544 | | time position in a state-wide, national or international bargaining 450 |
---|
545 | 545 | | organization may, during the time such member so serves, continue 451 |
---|
546 | 546 | | membership and may make, or have made for such member, payments 452 |
---|
547 | 547 | | of contributions for such time, provided the organization which such 453 |
---|
548 | 548 | | member represents shall pay the full actuarial cost that would otherwise 454 |
---|
549 | 549 | | be incurred by the state for the time such member serves in excess of one 455 |
---|
550 | 550 | | year. If payment is made during such periods or at any time before 456 |
---|
551 | 551 | | retirement, such member shall receive credit for such service and shall 457 |
---|
552 | 552 | | be considered as serving as a public school teacher in the state for the 458 |
---|
553 | 553 | | purpose of computing length of service, and for the purpose of 459 |
---|
554 | 554 | | computing average annual salary, and shall be considered by the 460 |
---|
555 | 555 | | retirement board as though such member were remaining in such 461 |
---|
556 | 556 | | member's latest teaching position. 462 |
---|
557 | 557 | | Sec. 4. Section 10-183f of the general statutes is repealed and the 463 |
---|
558 | 558 | | following is substituted in lieu thereof (Effective July 1, 2020): 464 Raised Bill No. 438 |
---|
559 | 559 | | |
---|
560 | 560 | | |
---|
561 | 561 | | |
---|
562 | 562 | | LCO No. 2711 16 of 56 |
---|
563 | 563 | | |
---|
564 | 564 | | (a) A member is eligible to receive a normal retirement benefit [who] 465 |
---|
565 | 565 | | if such member (1) has attained age sixty and has accumulated twenty 466 |
---|
566 | 566 | | years of credited service in the public schools of Connecticut, or (2) has 467 |
---|
567 | 567 | | attained any age and has accumulated thirty-five years of credited 468 |
---|
568 | 568 | | service, at least twenty-five years of which are service in the public 469 |
---|
569 | 569 | | schools of Connecticut. 470 |
---|
570 | 570 | | (b) A member is eligible to receive a proratable retirement benefit 471 |
---|
571 | 571 | | [who] if such member has attained age sixty prior to termination of 472 |
---|
572 | 572 | | service and has accumulated at least ten years of credited service in the 473 |
---|
573 | 573 | | public schools of Connecticut. 474 |
---|
574 | 574 | | (c) A member is eligible to receive an early retirement benefit [who] 475 |
---|
575 | 575 | | if such member has accumulated twenty-five years of credited service 476 |
---|
576 | 576 | | at least twenty years of which are service in the public schools of 477 |
---|
577 | 577 | | Connecticut, or [who] if such member has attained the age of fifty-five 478 |
---|
578 | 578 | | and has accumulated at least twenty years of credited service, at least 479 |
---|
579 | 579 | | fifteen of which are service in the public schools of Connecticut. 480 |
---|
580 | 580 | | (d) A member is eligible to receive a deferred vested retirement 481 |
---|
581 | 581 | | benefit beginning at age sixty [who] if such member: (1) Has 482 |
---|
582 | 582 | | accumulated ten years of credited service in the public schools of 483 |
---|
583 | 583 | | Connecticut; and (2) terminates service before becoming eligible for any 484 |
---|
584 | 584 | | other retirement benefit; and (3) leaves his or her accumulated 485 |
---|
585 | 585 | | contributions with the system. 486 |
---|
586 | 586 | | (e) Repealed by P.A. 79-541, S. 5, 6. 487 |
---|
587 | 587 | | (f) The survivors of a member who dies (1) while in service in the 488 |
---|
588 | 588 | | public schools of Connecticut, (2) within two months after withdrawal 489 |
---|
589 | 589 | | from such service and prior to the effective date of such member's 490 |
---|
590 | 590 | | retirement or (3) while receiving a disability benefit under section 10-491 |
---|
591 | 591 | | 183aa, as amended by this act, shall receive survivors' benefits. [, except 492 |
---|
592 | 592 | | that, if a member who has elected a coparticipant option, under section 493 |
---|
593 | 593 | | 10-183j, dies after such option becomes effective, such coparticipant 494 |
---|
594 | 594 | | option shall be given effect and no survivors' benefits shall be payable.] 495 |
---|
595 | 595 | | Before any survivors' benefits are paid, the board shall receive such 496 Raised Bill No. 438 |
---|
596 | 596 | | |
---|
597 | 597 | | |
---|
598 | 598 | | |
---|
599 | 599 | | LCO No. 2711 17 of 56 |
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600 | 600 | | |
---|
601 | 601 | | applications and other documents and information as it deems 497 |
---|
602 | 602 | | necessary. 498 |
---|
603 | 603 | | (g) Notwithstanding any provision of this chapter, pursuant to 499 |
---|
604 | 604 | | Section 401(a)(9) of the Internal Revenue Code, a member shall begin 500 |
---|
605 | 605 | | receiving benefits under this chapter no later than April first of the 501 |
---|
606 | 606 | | calendar year following the calendar year in which (1) the member 502 |
---|
607 | 607 | | attains age seventy and one-half, or seventy-two for members who 503 |
---|
608 | 608 | | attain such age on or after January 1, 2020, or (2) if the member retires 504 |
---|
609 | 609 | | after age seventy and one-half, or seventy-two for members who attain 505 |
---|
610 | 610 | | such age on or after January 1, 2020, the calendar year in which such 506 |
---|
611 | 611 | | member retires. 507 |
---|
612 | 612 | | Sec. 5. Section 10-183g of the 2020 supplement to the general statutes 508 |
---|
613 | 613 | | is repealed and the following is substituted in lieu thereof (Effective July 509 |
---|
614 | 614 | | 1, 2020): 510 |
---|
615 | 615 | | (a) The normal retirement benefit shall be two per cent times the 511 |
---|
616 | 616 | | number of years of full-time credited service and a proportional fraction 512 |
---|
617 | 617 | | of two per cent times the number of years of credited service at less than 513 |
---|
618 | 618 | | full-time multiplied by average annual salary. In no event, however, 514 |
---|
619 | 619 | | shall such benefit exceed seventy-five per cent of such salary or be less 515 |
---|
620 | 620 | | than three thousand six hundred dollars. 516 |
---|
621 | 621 | | (b) The proratable retirement benefit shall be computed as follows: 517 |
---|
622 | 622 | | Average annual salary multiplied by (1) number of years of credited 518 |
---|
623 | 623 | | service [, excluding all additional credited service, except service 519 |
---|
624 | 624 | | described in subdivisions (3), (8) and (10) of subsection (b) of section 10-520 |
---|
625 | 625 | | 183e,] in the public schools of Connecticut multiplied by the applicable 521 |
---|
626 | 626 | | percentage based on age and service as determined from the table 522 |
---|
627 | 627 | | below, and (2) number of years of all additional credited service not 523 |
---|
628 | 628 | | used in subdivision (1) of this subsection multiplied by one per cent. 524 |
---|
629 | 629 | | T1 TABLE |
---|
630 | 630 | | T2 AGE OF RETIREMENT |
---|
631 | 631 | | T3 Years Of Raised Bill No. 438 |
---|
632 | 632 | | |
---|
633 | 633 | | |
---|
634 | 634 | | |
---|
635 | 635 | | LCO No. 2711 18 of 56 |
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636 | 636 | | |
---|
637 | 637 | | T4 Connecticut |
---|
638 | 638 | | T5 Service 60 61 62 63 64 65 66 67 68 69 70 |
---|
639 | 639 | | T6 10 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 |
---|
640 | 640 | | T7 11 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 |
---|
641 | 641 | | T8 12 1.2 1.2 1.2 1.2 1.2 1.2 1.2 1.2 1.2 1.2 1.2 |
---|
642 | 642 | | T9 13 1.3 1.3 1.3 1.3 1.3 1.3 1.3 1.3 1.3 1.3 1.3 |
---|
643 | 643 | | T10 14 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 |
---|
644 | 644 | | T11 15 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 |
---|
645 | 645 | | T12 16 1.6 1.6 1.6 1.6 1.6 1.6 1.6 1.6 1.6 1.6 1.6 |
---|
646 | 646 | | T13 17 1.7 1.7 1.7 1.7 1.7 1.7 1.7 1.7 1.7 1.7 1.7 |
---|
647 | 647 | | T14 18 1.8 1.8 1.8 1.8 1.8 1.8 1.8 1.8 1.8 1.8 1.8 |
---|
648 | 648 | | T15 19 1.9 1.9 1.9 1.9 1.9 1.9 1.9 1.9 1.9 1.9 1.9 |
---|
649 | 649 | | T16 20 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 |
---|
650 | 650 | | |
---|
651 | 651 | | (c) The early retirement benefit shall be computed in the same 525 |
---|
652 | 652 | | manner as the normal retirement benefit, then actuarially reduced, on 526 |
---|
653 | 653 | | the basis of early retirement tables adopted from time to time by the 527 |
---|
654 | 654 | | board, for each month early retirement precedes the minimum age at 528 |
---|
655 | 655 | | which the member could have retired with a normal retirement benefit 529 |
---|
656 | 656 | | pursuant to section 10-183f, as amended by this act. [Such minimum age 530 |
---|
657 | 657 | | shall be such member's actual age at retirement plus the lesser of (1) the 531 |
---|
658 | 658 | | difference between such age and age sixty, or (2) the difference between 532 |
---|
659 | 659 | | thirty-five years and the sum of such member's years of Connecticut 533 |
---|
660 | 660 | | public school service plus all purchased leaves of absence, military and 534 |
---|
661 | 661 | | out-of-state public school service.] On and after July 1, 1999, any 535 |
---|
662 | 662 | | revisions to the early retirement tables shall be submitted to the Office 536 |
---|
663 | 663 | | of Policy and Management and the joint standing committee of the 537 |
---|
664 | 664 | | General Assembly having cognizance of matters relating to 538 |
---|
665 | 665 | | appropriations and the budgets of state agencies within one month of 539 |
---|
666 | 666 | | their adoption by the board. Any such revisions shall be accompanied 540 |
---|
667 | 667 | | by an actuarial certification of the costs associated with such revisions. 541 |
---|
668 | 668 | | (d) The deferred vested retirement benefit shall be computed as 542 |
---|
669 | 669 | | follows: Average annual salary multiplied by (1) number of years of 543 |
---|
670 | 670 | | credited service, [excluding all additional credited service, except 544 Raised Bill No. 438 |
---|
671 | 671 | | |
---|
672 | 672 | | |
---|
673 | 673 | | |
---|
674 | 674 | | LCO No. 2711 19 of 56 |
---|
675 | 675 | | |
---|
676 | 676 | | service described in subdivisions (3), (8) and (10) of subsection (b) of 545 |
---|
677 | 677 | | section 10-183e,] in the public schools of Connecticut multiplied by two 546 |
---|
678 | 678 | | per cent, then actuarially reduced in the same manner as the early 547 |
---|
679 | 679 | | retirement benefit if the years of service which could have been 548 |
---|
680 | 680 | | rendered were less than twenty years by age sixty or by the subsequent 549 |
---|
681 | 681 | | date of retirement, and (2) number of years of all additional credited 550 |
---|
682 | 682 | | service not used in subdivision (1) of this subsection multiplied by one 551 |
---|
683 | 683 | | per cent. 552 |
---|
684 | 684 | | (e) Repealed by P.A. 79-541, S. 5, 6. 553 |
---|
685 | 685 | | (f) (1) In addition to a retirement benefit computed under subsections 554 |
---|
686 | 686 | | (a) to (d), inclusive, of this section and a disability allowance under 555 |
---|
687 | 687 | | subsections (a) to (g), inclusive, of section 10-183aa, as amended by this 556 |
---|
688 | 688 | | act, and except as provided in subdivision (2) of this subsection, a 557 |
---|
689 | 689 | | member shall receive a lump sum payment equal to the member's 558 |
---|
690 | 690 | | accumulated one per cent contributions withheld prior to July 1, 1989, 559 |
---|
691 | 691 | | and any voluntary contributions with credited interest. Such lump sum 560 |
---|
692 | 692 | | shall be paid not later than three months after (A) the effective date of 561 |
---|
693 | 693 | | retirement, or (B) the date the first payment of a disability allowance 562 |
---|
694 | 694 | | under section 10-183aa, as amended by this act, is made, except the 563 |
---|
695 | 695 | | board may delay payment of such lump sum in the case of extenuating 564 |
---|
696 | 696 | | circumstances. If such delay occurs, the board shall submit a written 565 |
---|
697 | 697 | | notice to the member explaining the nature of the extenuating 566 |
---|
698 | 698 | | circumstances and an estimate as to when such lump sum shall be paid. 567 |
---|
699 | 699 | | (2) In lieu of such lump sum, the member may elect to receive an 568 |
---|
700 | 700 | | actuarially equivalent annuity for life. [Such lump sum or annuity shall 569 |
---|
701 | 701 | | be paid, or commenced to be paid,] Payment of such annuity, if elected, 570 |
---|
702 | 702 | | shall commence when the first payment of the [other] retirement benefit 571 |
---|
703 | 703 | | computed under subsections (a) to (d), inclusive, of this section or a 572 |
---|
704 | 704 | | disability allowance under section 10-183aa, as amended by this act, is 573 |
---|
705 | 705 | | made. 574 |
---|
706 | 706 | | (g) A member's complete formal application for retirement, if sent by 575 |
---|
707 | 707 | | mail, shall be deemed to have been filed with the board on the date such 576 Raised Bill No. 438 |
---|
708 | 708 | | |
---|
709 | 709 | | |
---|
710 | 710 | | |
---|
711 | 711 | | LCO No. 2711 20 of 56 |
---|
712 | 712 | | |
---|
713 | 713 | | application is postmarked. No benefit computed under subsections (a) 577 |
---|
714 | 714 | | to (d), inclusive, of this section and under subsections (a) to (g), 578 |
---|
715 | 715 | | inclusive, of section 10-183aa, as amended by this act, shall become 579 |
---|
716 | 716 | | effective until [the end of the calendar month of the filing by the] a 580 |
---|
717 | 717 | | member eligible for retirement under section 10-183f, as amended by 581 |
---|
718 | 718 | | this act, files with the board [of] a complete formal application for 582 |
---|
719 | 719 | | retirement and terminates service with such member's employer. Such 583 |
---|
720 | 720 | | benefit shall accrue from the first day of the month following [such] the 584 |
---|
721 | 721 | | calendar month such application is filed and payment of such benefit in 585 |
---|
722 | 722 | | equal monthly installments shall commence on the last day of the month 586 |
---|
723 | 723 | | in which such benefit begins to accrue. The initial payment of such 587 |
---|
724 | 724 | | benefit may be made not later than three months following the effective 588 |
---|
725 | 725 | | date of retirement, provided such payment shall be retroactive to such 589 |
---|
726 | 726 | | effective date. Upon a finding that extenuating circumstances relating to 590 |
---|
727 | 727 | | the health of a member caused a delay in the filing of the member's 591 |
---|
728 | 728 | | complete formal application, and such application is filed on or after 592 |
---|
729 | 729 | | July 1, 1986, the board may deem such application to have been filed up 593 |
---|
730 | 730 | | to three months earlier than the actual date of the filing. Upon a finding 594 |
---|
731 | 731 | | that extenuating circumstances related to the health of a member caused 595 |
---|
732 | 732 | | a delay in the filing of an election pursuant to subsection (g) of section 596 |
---|
733 | 733 | | 10-183aa, as amended by this act, and such election is filed on or after 597 |
---|
734 | 734 | | July 1, 1986, the board may deem such election to have been filed as of 598 |
---|
735 | 735 | | the date such member's benefits would otherwise have been converted 599 |
---|
736 | 736 | | to a normal retirement [allowance, provided such member's disability 600 |
---|
737 | 737 | | allowance became effective on or before November 1, 1976, and such 601 |
---|
738 | 738 | | member attained the age of sixty on or after August 1, 1984] benefit 602 |
---|
739 | 739 | | under this section. 603 |
---|
740 | 740 | | (h) (1) A benefit computed under subsections (a) to (d), inclusive, of 604 |
---|
741 | 741 | | this section and under subsections (a) to (g), inclusive, of section 10-605 |
---|
742 | 742 | | 183aa, as amended by this act, shall continue until the death of the 606 |
---|
743 | 743 | | member. 607 |
---|
744 | 744 | | (2) For any member who [retires] accumulates ten years of credited 608 |
---|
745 | 745 | | service prior to July 1, 2019, if twenty-five per cent of the aggregate 609 |
---|
746 | 746 | | benefits paid to a member prior to death, inclusive of the month of such 610 Raised Bill No. 438 |
---|
747 | 747 | | |
---|
748 | 748 | | |
---|
749 | 749 | | |
---|
750 | 750 | | LCO No. 2711 21 of 56 |
---|
751 | 751 | | |
---|
752 | 752 | | member's death, are less than such member's accumulated regular 611 |
---|
753 | 753 | | contributions, including any one per cent contributions withheld prior 612 |
---|
754 | 754 | | to July 1, 1989, and any voluntary contributions plus credited interest, 613 |
---|
755 | 755 | | the member's designated beneficiary shall be paid on the death of the 614 |
---|
756 | 756 | | member a lump sum amount equal to the difference between such 615 |
---|
757 | 757 | | aggregate payments and such accumulated contributions plus credited 616 |
---|
758 | 758 | | interest that had been accrued to the date benefits commenced. 617 |
---|
759 | 759 | | (3) For any member who [retires] accumulates ten years of credited 618 |
---|
760 | 760 | | service on or after July 1, 2019, notwithstanding the provisions of 619 |
---|
761 | 761 | | subdivision (2) of section 10-183c, as amended by this act, if twenty-five 620 |
---|
762 | 762 | | per cent of the aggregate benefits paid to a member before July 1, 2019, 621 |
---|
763 | 763 | | [and prior to death,] plus fifty per cent of the aggregate benefits paid to 622 |
---|
764 | 764 | | a member on or after July 1, 2019, and prior to death, inclusive of the 623 |
---|
765 | 765 | | month of such member's death, are less than such member's 624 |
---|
766 | 766 | | accumulated regular contributions, including any one per cent 625 |
---|
767 | 767 | | contributions withheld prior to July 1, 1989, and any voluntary 626 |
---|
768 | 768 | | contributions plus credited interest, the member's designated 627 |
---|
769 | 769 | | beneficiary shall be paid on the death of the member a lump sum 628 |
---|
770 | 770 | | amount equal to the difference between such aggregate payments and 629 |
---|
771 | 771 | | such accumulated contributions plus credited interest that had been 630 |
---|
772 | 772 | | accrued to the date benefits commenced. 631 |
---|
773 | 773 | | (i) [In lieu of a benefit computed under subsections (a) to (d), 632 |
---|
774 | 774 | | inclusive, of this section and under subsections (a) to (g), inclusive, of 633 |
---|
775 | 775 | | section 10-183aa, a] A member [may] shall elect one of the benefit 634 |
---|
776 | 776 | | options described in section 10-183j , as amended by this act, or any 635 |
---|
777 | 777 | | other actuarially equivalent option which the board may offer from time 636 |
---|
778 | 778 | | to time. 637 |
---|
779 | 779 | | (j) Beginning the first day of January or July which follows nine 638 |
---|
780 | 780 | | months in retirement, a retired member who retired prior to September 639 |
---|
781 | 781 | | 1, 1992, or a member's successor beneficiary, except a person receiving 640 |
---|
782 | 782 | | survivor's benefits, shall be eligible for an annual five per cent cost of 641 |
---|
783 | 783 | | living allowance on any benefit except a benefit based upon such 642 |
---|
784 | 784 | | member's one per cent contributions or voluntary contributions. Such 643 Raised Bill No. 438 |
---|
785 | 785 | | |
---|
786 | 786 | | |
---|
787 | 787 | | |
---|
788 | 788 | | LCO No. 2711 22 of 56 |
---|
789 | 789 | | |
---|
790 | 790 | | cost of living allowance shall be computed on the basis of the retirement 644 |
---|
791 | 791 | | benefits to which such retired member or successor beneficiary was 645 |
---|
792 | 792 | | entitled on the last day of the preceding December or June except 646 |
---|
793 | 793 | | benefits based upon one per cent or voluntary contributions. Such 647 |
---|
794 | 794 | | member's successor beneficiary means any person, other than such 648 |
---|
795 | 795 | | member, receiving benefits as the result of the election of a period 649 |
---|
796 | 796 | | certain option or a coparticipant option, including an election for such 650 |
---|
797 | 797 | | an option by a surviving spouse under subsection (d) of section 10-183h, 651 |
---|
798 | 798 | | as amended by this act. The right to such allowance, or any portion 652 |
---|
799 | 799 | | thereof, may be waived by the person entitled thereto at any time. Any 653 |
---|
800 | 800 | | waiver shall remain in effect until the first day of the month following 654 |
---|
801 | 801 | | such person's death or the filing with the board of a written notice of 655 |
---|
802 | 802 | | cancellation of the waiver. Any allowance waived shall be forever 656 |
---|
803 | 803 | | forfeited. If on any subsequent first day of January or July the Teacher's 657 |
---|
804 | 804 | | Retirement Board determines that the National Consumer Price Index 658 |
---|
805 | 805 | | for urban wage earners and clerical workers for the twelve-month 659 |
---|
806 | 806 | | period ending on the last day of the preceding November or May has 660 |
---|
807 | 807 | | increased less than the cost of living allowance provided under this 661 |
---|
808 | 808 | | subsection, the cost of living allowance provided by this subsection shall 662 |
---|
809 | 809 | | be adjusted to reflect the change in such index provided such cost of 663 |
---|
810 | 810 | | living allowance shall not be less than three per cent. 664 |
---|
811 | 811 | | (k) Beginning the first day of January or July which follows nine 665 |
---|
812 | 812 | | months in retirement, a retired member who retired on or after 666 |
---|
813 | 813 | | September 1, 1992, or a member's successor beneficiary, except a person 667 |
---|
814 | 814 | | receiving survivor's benefits, shall be eligible for an annual cost of living 668 |
---|
815 | 815 | | allowance calculated in accordance with the provisions of subsections 669 |
---|
816 | 816 | | (l) or (m) of this section on any benefit except a benefit based upon such 670 |
---|
817 | 817 | | member's one per cent contributions or voluntary contributions. Such 671 |
---|
818 | 818 | | cost of living allowance shall be computed on the basis of the retirement 672 |
---|
819 | 819 | | benefits to which such retired member or successor beneficiary was 673 |
---|
820 | 820 | | entitled on the last day of the preceding December or June except 674 |
---|
821 | 821 | | benefits based upon one per cent or voluntary contributions. Such 675 |
---|
822 | 822 | | member's successor beneficiary means any person, other than such 676 |
---|
823 | 823 | | member, receiving benefits as the result of the election of a period 677 Raised Bill No. 438 |
---|
824 | 824 | | |
---|
825 | 825 | | |
---|
826 | 826 | | |
---|
827 | 827 | | LCO No. 2711 23 of 56 |
---|
828 | 828 | | |
---|
829 | 829 | | certain option or a coparticipant option, including an election for such 678 |
---|
830 | 830 | | an option by a surviving spouse under subsection (d) of section 10-183h, 679 |
---|
831 | 831 | | as amended by this act. The right to such allowance, or any portion 680 |
---|
832 | 832 | | thereof, may be waived by the person entitled thereto at any time. Any 681 |
---|
833 | 833 | | waiver shall remain in effect until the first day of the month following 682 |
---|
834 | 834 | | such person's death or the filing with the board of a written notice of 683 |
---|
835 | 835 | | cancellation of the waiver. Any allowance waived shall be forever 684 |
---|
836 | 836 | | forfeited. 685 |
---|
837 | 837 | | (l) (1) Beginning the first day of January or July which follows nine 686 |
---|
838 | 838 | | months in retirement, a retired member who retired on or after 687 |
---|
839 | 839 | | September 1, 1992, or a member's successor beneficiary, except a person 688 |
---|
840 | 840 | | receiving survivor's benefits, shall be eligible for an annual cost of living 689 |
---|
841 | 841 | | allowance. The cost of living allowance shall be calculated by using the 690 |
---|
842 | 842 | | percentage cost of living adjustment granted by the Social Security 691 |
---|
843 | 843 | | Administration for the applicable year, computed on the basis of the 692 |
---|
844 | 844 | | retirement benefits to which such retired member or successor 693 |
---|
845 | 845 | | beneficiary was entitled on the last day of the preceding December or 694 |
---|
846 | 846 | | June except benefits based upon one per cent or voluntary contributions, 695 |
---|
847 | 847 | | provided no cost of living allowance shall exceed six per cent and 696 |
---|
848 | 848 | | provided further, if the total return earned by the trustees on the market 697 |
---|
849 | 849 | | value of the pension assets for the preceding fiscal year is less than eight 698 |
---|
850 | 850 | | and one-half per cent, any cost of living allowance granted shall not 699 |
---|
851 | 851 | | exceed one and one-half per cent. 700 |
---|
852 | 852 | | (2) A member entering the retirement system commencing on or after 701 |
---|
853 | 853 | | July 1, 2007, or such member's successor beneficiary, except a person 702 |
---|
854 | 854 | | receiving survivor's benefits, shall, beginning the first day of January or 703 |
---|
855 | 855 | | July that follows nine months in retirement, be eligible for an annual 704 |
---|
856 | 856 | | cost of living allowance as follows: The cost of living allowance shall be 705 |
---|
857 | 857 | | calculated by using the percentage cost of living adjustment granted by 706 |
---|
858 | 858 | | the Social Security Administration for the applicable year, computed on 707 |
---|
859 | 859 | | the basis of the retirement benefits to which such retired member or 708 |
---|
860 | 860 | | successor beneficiary was entitled on the last day of the preceding 709 |
---|
861 | 861 | | December or June, as applicable, except benefits based upon one per 710 |
---|
862 | 862 | | cent or voluntary contributions, provided (A) no cost of living 711 Raised Bill No. 438 |
---|
863 | 863 | | |
---|
864 | 864 | | |
---|
865 | 865 | | |
---|
866 | 866 | | LCO No. 2711 24 of 56 |
---|
867 | 867 | | |
---|
868 | 868 | | allowance shall exceed five per cent, and (B) if the total return earned by 712 |
---|
869 | 869 | | the trustees on the market value of the pension assets for the preceding 713 |
---|
870 | 870 | | fiscal year is less than eight and one-half per cent, any cost of living 714 |
---|
871 | 871 | | allowance granted shall not exceed one per cent, if such total return for 715 |
---|
872 | 872 | | the preceding fiscal year is greater than eight and one-half per cent but 716 |
---|
873 | 873 | | less than eleven and one-half per cent, any cost of living allowance 717 |
---|
874 | 874 | | granted shall not exceed three per cent, and if such return exceeds 718 |
---|
875 | 875 | | eleven and one-half per cent, any cost of living allowance granted shall 719 |
---|
876 | 876 | | not exceed five per cent. 720 |
---|
877 | 877 | | (m) Repealed by P.A. 07-186, S. 14. 721 |
---|
878 | 878 | | (n) Repealed by P.A. 07-186, S. 14. 722 |
---|
879 | 879 | | (o) On January 1, 1988, each eligible retired member who had 723 |
---|
880 | 880 | | rendered at least twenty-five years of full-time service prior to normal 724 |
---|
881 | 881 | | retirement under the provisions of subsection (a) of section 10-183f, as 725 |
---|
882 | 882 | | amended by this act, or such member's successor beneficiary, as defined 726 |
---|
883 | 883 | | in subsection (j) of this section, shall receive a single increase in 727 |
---|
884 | 884 | | retirement benefits provided under this chapter. Such increase shall be 728 |
---|
885 | 885 | | paid to such eligible members or successor beneficiaries whose monthly 729 |
---|
886 | 886 | | benefit as of December 31, 1987, before any reduction for an optional 730 |
---|
887 | 887 | | benefit payment plan, is less than eight hundred dollars, and shall be 731 |
---|
888 | 888 | | sufficient to increase such monthly benefit to eight hundred dollars. 732 |
---|
889 | 889 | | (p) On January 1, 1991, each eligible retired member who had 733 |
---|
890 | 890 | | rendered at least twenty-five years of full-time service at least twenty 734 |
---|
891 | 891 | | years of which were service in the public schools of Connecticut prior to 735 |
---|
892 | 892 | | early retirement before January 1, 1976, under the provisions of 736 |
---|
893 | 893 | | subsection (c) of section 10-183f, as amended by this act, or such 737 |
---|
894 | 894 | | member's successor beneficiary, as defined in subsection (j) of this 738 |
---|
895 | 895 | | section, shall receive a single increase in retirement benefits provided 739 |
---|
896 | 896 | | under this chapter. Such increase shall be paid to such eligible members 740 |
---|
897 | 897 | | or successor beneficiaries whose monthly benefit as of December 31, 741 |
---|
898 | 898 | | 1990, before any reduction for an optional benefit payment plan, is less 742 |
---|
899 | 899 | | than eight hundred dollars, and shall be sufficient to increase such 743 Raised Bill No. 438 |
---|
900 | 900 | | |
---|
901 | 901 | | |
---|
902 | 902 | | |
---|
903 | 903 | | LCO No. 2711 25 of 56 |
---|
904 | 904 | | |
---|
905 | 905 | | monthly benefit to eight hundred dollars. 744 |
---|
906 | 906 | | (q) On January 1, 1999, each eligible retired member who had 745 |
---|
907 | 907 | | rendered at least twenty-five years of full-time service, or such 746 |
---|
908 | 908 | | member's successor beneficiary, as defined in subsection (j) of this 747 |
---|
909 | 909 | | section, shall receive a single increase in benefits provided under this 748 |
---|
910 | 910 | | chapter. Such increase shall be sufficient to increase the monthly benefit 749 |
---|
911 | 911 | | of such eligible members or successor beneficiaries, whose monthly 750 |
---|
912 | 912 | | benefit as of December 31, 1998, before any actuarial reduction for early 751 |
---|
913 | 913 | | retirement or for an optional benefit payment plan, is less than twelve 752 |
---|
914 | 914 | | hundred dollars and shall be sufficient to increase such monthly benefit 753 |
---|
915 | 915 | | to twelve hundred dollars. 754 |
---|
916 | 916 | | (r) No retirement benefit payable under this chapter, including any 755 |
---|
917 | 917 | | cost of living allowance, shall exceed the maximum dollar limit in effect 756 |
---|
918 | 918 | | under Section 415(b) of the Internal Revenue Code for the applicable 757 |
---|
919 | 919 | | limitation year, as increased in subsequent years pursuant to Section 758 |
---|
920 | 920 | | 415(d) of the Internal Revenue Code. [A subsequent annual increase 759 |
---|
921 | 921 | | shall apply to a member if the increase becomes effective after the 760 |
---|
922 | 922 | | member retires or, if such increase becomes effective before a member 761 |
---|
923 | 923 | | retires, after the date on which such benefit begins to accrue.] 762 |
---|
924 | 924 | | Sec. 6. Section 10-183h of the general statutes is repealed and the 763 |
---|
925 | 925 | | following is substituted in lieu thereof (Effective July 1, 2020): 764 |
---|
926 | 926 | | (a) The basic monthly survivor's [monthly] benefit, subject to a family 765 |
---|
927 | 927 | | maximum of one thousand five hundred dollars, shall be (1) three 766 |
---|
928 | 928 | | hundred dollars each for a surviving spouse, plus twenty-five dollars 767 |
---|
929 | 929 | | for each year of service in excess of twelve years in the Connecticut 768 |
---|
930 | 930 | | public schools completed by the member, subject to a maximum 769 |
---|
931 | 931 | | monthly benefit of six hundred dollars, (2) three hundred dollars each 770 |
---|
932 | 932 | | for a dependent former spouse; for a dependent parent if there is no 771 |
---|
933 | 933 | | surviving spouse or dependent child; and for a legal guardian of any 772 |
---|
934 | 934 | | dependent child if there is no surviving spouse, dependent former 773 |
---|
935 | 935 | | spouse or dependent parent, and (3) three hundred dollars for each 774 |
---|
936 | 936 | | dependent child. In applying the family maximum, the benefit shall be 775 Raised Bill No. 438 |
---|
937 | 937 | | |
---|
938 | 938 | | |
---|
939 | 939 | | |
---|
940 | 940 | | LCO No. 2711 26 of 56 |
---|
941 | 941 | | |
---|
942 | 942 | | first allocated to the child or children, with the excess allocated to the 776 |
---|
943 | 943 | | surviving spouse and any dependent former spouse in proportion to the 777 |
---|
944 | 944 | | amount each would receive according to the above formula. Payment of 778 |
---|
945 | 945 | | the benefit shall commence on the last day of the month following the 779 |
---|
946 | 946 | | month of the member's death. Such benefit shall continue through the 780 |
---|
947 | 947 | | month preceding the month in which the survivor dies or ceases to be 781 |
---|
948 | 948 | | eligible for such benefit. Such benefit to the legal guardian of dependent 782 |
---|
949 | 949 | | children shall continue until all such children are no longer dependent, 783 |
---|
950 | 950 | | as defined in section 10-183b, as amended by this act. Notwithstanding 784 |
---|
951 | 951 | | the provisions of this subsection, any such surviving spouse, dependent 785 |
---|
952 | 952 | | former spouse, dependent parent or legal guardian may waive the right 786 |
---|
953 | 953 | | to payment of the benefit under this subsection in order that a 787 |
---|
954 | 954 | | designated beneficiary who is the child of the deceased member may 788 |
---|
955 | 955 | | receive such member's accumulated contributions plus credited 789 |
---|
956 | 956 | | interest. Such waiver shall be made prior to the payment of the benefit 790 |
---|
957 | 957 | | to any such surviving spouse, dependent former spouse, dependent 791 |
---|
958 | 958 | | parent or legal guardian. 792 |
---|
959 | 959 | | (b) [If no coparticipant option under 10-183j has become effective, a] 793 |
---|
960 | 960 | | A lump sum death benefit shall be payable to [the] a surviving spouse. 794 |
---|
961 | 961 | | Such benefit shall be one thousand dollars for five years or less of 795 |
---|
962 | 962 | | [Connecticut public school] service in the public schools of Connecticut, 796 |
---|
963 | 963 | | plus two hundred dollars for each year of credited service in the public 797 |
---|
964 | 964 | | schools of Connecticut in excess of five years, to a maximum of two 798 |
---|
965 | 965 | | thousand dollars. [For purposes of this subsection, purchased military 799 |
---|
966 | 966 | | service and purchased leaves of absence under subdivisions (3) and (8) 800 |
---|
967 | 967 | | of subsection (b) of section 10-183e shall be deemed to be Connecticut 801 |
---|
968 | 968 | | public school service.] If there is no surviving spouse, such benefit shall 802 |
---|
969 | 969 | | be equal to the member's burial expenses but not in excess of what 803 |
---|
970 | 970 | | would have been payable to a surviving spouse and shall be payable to 804 |
---|
971 | 971 | | the person who paid such expenses. No payment under this subsection 805 |
---|
972 | 972 | | shall be made unless application for the payment is filed with the board 806 |
---|
973 | 973 | | within two years of such member's death. 807 |
---|
974 | 974 | | (c) In lieu of such basic survivor's benefit and such lump sum death 808 |
---|
975 | 975 | | benefit, a sole survivor who has attained age eighteen, and is the 809 Raised Bill No. 438 |
---|
976 | 976 | | |
---|
977 | 977 | | |
---|
978 | 978 | | |
---|
979 | 979 | | LCO No. 2711 27 of 56 |
---|
980 | 980 | | |
---|
981 | 981 | | member's designated beneficiary may elect to receive an amount equal 810 |
---|
982 | 982 | | to such member's accumulated contributions together with credited 811 |
---|
983 | 983 | | interest. [When a member has designated two or more beneficiaries, 812 |
---|
984 | 984 | | who have, at the time of such member's death, attained age eighteen, the 813 |
---|
985 | 985 | | one entitled to basic survivor's benefits, if any, shall be deemed the sole 814 |
---|
986 | 986 | | survivor within the meaning of this subsection, provided, that all other 815 |
---|
987 | 987 | | designated beneficiaries relinquish all claim to any amounts that may 816 |
---|
988 | 988 | | be due them from the system.] 817 |
---|
989 | 989 | | (d) The surviving spouse of any member who, at the time of death 818 |
---|
990 | 990 | | was eligible for a retirement benefit other than a disability benefit and 819 |
---|
991 | 991 | | had not filed a waiver of the coparticipant's option, may elect to receive 820 |
---|
992 | 992 | | (1) a monthly benefit for life equal to the benefit payable if a one 821 |
---|
993 | 993 | | hundred per cent coparticipant's option had been elected, or (2) an 822 |
---|
994 | 994 | | amount equal to the member's accumulated contributions with credited 823 |
---|
995 | 995 | | interest. 824 |
---|
996 | 996 | | (e) If no coparticipant option has become effective and if the 825 |
---|
997 | 997 | | aggregate payments under this section are less than the accumulated 826 |
---|
998 | 998 | | mandatory contributions of a deceased member plus credited interest, 827 |
---|
999 | 999 | | there shall be paid to such member's designated beneficiary an amount 828 |
---|
1000 | 1000 | | equal to the difference between such aggregate payments and such 829 |
---|
1001 | 1001 | | accumulated mandatory contributions plus credited interest. 830 |
---|
1002 | 1002 | | (f) Notwithstanding the provisions of subparagraph (B) of 831 |
---|
1003 | 1003 | | subdivision [(23)] (26) of section 10-183b, as amended by this act, 832 |
---|
1004 | 1004 | | benefits payable under this section to a surviving spouse shall not be 833 |
---|
1005 | 1005 | | terminated because of remarriage if such surviving spouse has attained 834 |
---|
1006 | 1006 | | the age of sixty. 835 |
---|
1007 | 1007 | | (g) If a member who has filed an application for retirement dies prior 836 |
---|
1008 | 1008 | | to the effective date of retirement, such member's spouse, if such spouse 837 |
---|
1009 | 1009 | | is designated on such application as the sole beneficiary, may elect to 838 |
---|
1010 | 1010 | | receive either (1) the preretirement death benefits as set forth in this 839 |
---|
1011 | 1011 | | section, or (2) the benefit payment option selected by the deceased 840 |
---|
1012 | 1012 | | member on such retirement application. 841 Raised Bill No. 438 |
---|
1013 | 1013 | | |
---|
1014 | 1014 | | |
---|
1015 | 1015 | | |
---|
1016 | 1016 | | LCO No. 2711 28 of 56 |
---|
1017 | 1017 | | |
---|
1018 | 1018 | | Sec. 7. Subsection (a) of section 10-183i of the general statutes is 842 |
---|
1019 | 1019 | | repealed and the following is substituted in lieu thereof (Effective July 1, 843 |
---|
1020 | 1020 | | 2020): 844 |
---|
1021 | 1021 | | (a) A member may make voluntary contributions to the system and 845 |
---|
1022 | 1022 | | may, no more than once, withdraw such voluntary contributions from 846 |
---|
1023 | 1023 | | the system under rules of the board. Any voluntary contribution shall 847 |
---|
1024 | 1024 | | be made solely by payroll deduction of an amount subject to state, 848 |
---|
1025 | 1025 | | federal or local tax in the tax or income year in which such voluntary 849 |
---|
1026 | 1026 | | contribution is made. Voluntary contributions shall be subject to the 850 |
---|
1027 | 1027 | | limitations imposed under Section 415(c) of the Internal Revenue Code 851 |
---|
1028 | 1028 | | for the applicable limitation year. Such contributions shall earn credited 852 |
---|
1029 | 1029 | | interest. Upon retirement such member shall elect to receive the 853 |
---|
1030 | 1030 | | accumulated contributions plus credited interest either in a lump sum 854 |
---|
1031 | 1031 | | or in the form of an actuarially equivalent annuity for life. Such lump 855 |
---|
1032 | 1032 | | sum, [or] if elected, shall be paid not later than three months after the 856 |
---|
1033 | 1033 | | effective date of retirement, except the board may delay payment of 857 |
---|
1034 | 1034 | | such lump sum in the case of extenuating circumstances. If such delay 858 |
---|
1035 | 1035 | | occurs, the board shall submit a written notice to the member explaining 859 |
---|
1036 | 1036 | | the nature of the extenuating circumstances and an estimate as to when 860 |
---|
1037 | 1037 | | such lump sum shall be paid. Payment of such annuity, if elected, shall 861 |
---|
1038 | 1038 | | [be paid or commenced to be paid] commence when the first payment 862 |
---|
1039 | 1039 | | of such member's other retirement benefit is made. If such member dies 863 |
---|
1040 | 1040 | | before the effective date of his or her retirement, the accumulated 864 |
---|
1041 | 1041 | | contributions plus credited interest shall be paid to such member's 865 |
---|
1042 | 1042 | | designated beneficiary. 866 |
---|
1043 | 1043 | | Sec. 8. Section 10-183j of the general statutes is repealed and the 867 |
---|
1044 | 1044 | | following is substituted in lieu thereof (Effective July 1, 2020): 868 |
---|
1045 | 1045 | | (a) [In lieu of a normal, early, proratable or deferred vested benefit, 869 |
---|
1046 | 1046 | | a] A member [may] shall elect [either] one of the benefit options 870 |
---|
1047 | 1047 | | described in [subsections] subsection (b), [and] (c) or (d) of this section. 871 |
---|
1048 | 1048 | | (b) The Plan N allowance may be elected in which the member 872 |
---|
1049 | 1049 | | receives the benefit described in section 10-183g, as amended by this act. 873 Raised Bill No. 438 |
---|
1050 | 1050 | | |
---|
1051 | 1051 | | |
---|
1052 | 1052 | | |
---|
1053 | 1053 | | LCO No. 2711 29 of 56 |
---|
1054 | 1054 | | |
---|
1055 | 1055 | | [(b) A] (c) The Plan C period certain option may be elected in which 874 |
---|
1056 | 1056 | | the member receives an actuarially reduced benefit for a fixed period of 875 |
---|
1057 | 1057 | | time selected by such member and for the remainder of such member's 876 |
---|
1058 | 1058 | | life. Such member may select a fixed period of twenty-five years or such 877 |
---|
1059 | 1059 | | shorter period as the board may offer. If such member dies before 878 |
---|
1060 | 1060 | | receiving the benefit for the selected period, such benefit shall be paid 879 |
---|
1061 | 1061 | | to the member's designated beneficiary for the remainder of such 880 |
---|
1062 | 1062 | | period. If such member's designated beneficiary dies before such 881 |
---|
1063 | 1063 | | member, or if such member has no designated beneficiary and such 882 |
---|
1064 | 1064 | | member dies before receiving the benefit for the selected period, any 883 |
---|
1065 | 1065 | | remaining benefit shall be paid to such member's estate as a commuted 884 |
---|
1066 | 1066 | | value. If there are multiple designated beneficiaries and a designated 885 |
---|
1067 | 1067 | | beneficiary dies before the end of such period, such beneficiary's 886 |
---|
1068 | 1068 | | remaining benefit shall be equally allocated to the remaining designated 887 |
---|
1069 | 1069 | | beneficiaries. If a sole designated beneficiary dies before the end of such 888 |
---|
1070 | 1070 | | period, any remaining benefit shall be paid to such designated 889 |
---|
1071 | 1071 | | beneficiary's estate as a commuted value. 890 |
---|
1072 | 1072 | | [(c) A] (d) (1) The Plan D coparticipant's option may be elected in 891 |
---|
1073 | 1073 | | which the member receives an actuarially reduced benefit as provided 892 |
---|
1074 | 1074 | | in [subsection (d)] subdivision (2) of this [section] subsection and upon 893 |
---|
1075 | 1075 | | such member's death, one-third, one-half, two-thirds, three-fourths or 894 |
---|
1076 | 1076 | | all of such amount is paid to such member's designated beneficiary for 895 |
---|
1077 | 1077 | | life. Any member who elects said option shall designate a sole 896 |
---|
1078 | 1078 | | designated beneficiary, who shall be such member's coparticipant. Such 897 |
---|
1079 | 1079 | | designation shall be irrevocable and shall terminate only as provided in 898 |
---|
1080 | 1080 | | subparagraph (B) of subdivision (2) of this subsection. With respect to 899 |
---|
1081 | 1081 | | any benefits which become effective on or after January 1, 2001, if 900 |
---|
1082 | 1082 | | twenty-five per cent of the aggregate benefits paid to the member or 901 |
---|
1083 | 1083 | | such member's designated beneficiary are, upon the death of such 902 |
---|
1084 | 1084 | | member or such designated beneficiary, less than such member's 903 |
---|
1085 | 1085 | | accumulated contributions plus credited interest, the estate of such 904 |
---|
1086 | 1086 | | member or such designated beneficiary, as appropriate, shall be paid a 905 |
---|
1087 | 1087 | | lump sum amount equal to the difference between such aggregate 906 |
---|
1088 | 1088 | | benefits paid and such accumulated contributions plus credited interest. 907 Raised Bill No. 438 |
---|
1089 | 1089 | | |
---|
1090 | 1090 | | |
---|
1091 | 1091 | | |
---|
1092 | 1092 | | LCO No. 2711 30 of 56 |
---|
1093 | 1093 | | |
---|
1094 | 1094 | | [(d)] (2) The benefits payable to such member and such coparticipant 908 |
---|
1095 | 1095 | | shall be computed as follows: 909 |
---|
1096 | 1096 | | [(1)] (A) The benefit payable to such member at retirement and to 910 |
---|
1097 | 1097 | | such coparticipant upon such member's death shall be the actuarial 911 |
---|
1098 | 1098 | | equivalent of the normal, early, [or] proratable or deferred vested 912 |
---|
1099 | 1099 | | benefit for which such member is eligible and based upon such 913 |
---|
1100 | 1100 | | member's age at retirement and the age of such coparticipant on such 914 |
---|
1101 | 1101 | | retirement date. In the event the member predeceases the coparticipant, 915 |
---|
1102 | 1102 | | upon the death of the coparticipant, any remaining value in the account 916 |
---|
1103 | 1103 | | shall be paid in a lump sum to the coparticipant's estate. In the event the 917 |
---|
1104 | 1104 | | coparticipant predeceases the member, upon divorce or, on or after July 918 |
---|
1105 | 1105 | | 1, 2020, upon legal separation, the member's actuarially reduced benefit 919 |
---|
1106 | 1106 | | shall revert to the unreduced benefit provided for under Plan N and, 920 |
---|
1107 | 1107 | | upon the member's death, any remaining value in the member's account 921 |
---|
1108 | 1108 | | shall be paid to the member's designated beneficiary, if any, otherwise 922 |
---|
1109 | 1109 | | to the member's estate. 923 |
---|
1110 | 1110 | | [(2) The benefit payable to such coparticipant of such member who 924 |
---|
1111 | 1111 | | dies after such option first becomes effective but before retirement shall 925 |
---|
1112 | 1112 | | be the actuarial equivalent of the normal, early or proratable benefit for 926 |
---|
1113 | 1113 | | which such member was eligible based on such member's age at death 927 |
---|
1114 | 1114 | | and the age of such coparticipant on such date of death.] 928 |
---|
1115 | 1115 | | [(3) (A)] (B) (i) Except as provided in subparagraph [(B)] (B)(ii) of this 929 |
---|
1116 | 1116 | | subdivision, a coparticipant option shall be terminated, for any member 930 |
---|
1117 | 1117 | | whose designated coparticipant dies or is divorced from the member 931 |
---|
1118 | 1118 | | after the member's retirement, on the date of such death or divorce. Such 932 |
---|
1119 | 1119 | | member shall thereupon be paid the normal, early or proratable 933 |
---|
1120 | 1120 | | retirement benefit for which the member is eligible. [(B)] (ii) On and after 934 |
---|
1121 | 1121 | | July 1, 2016, upon the divorce or, on or after July 1, 2020, the divorce or 935 |
---|
1122 | 1122 | | legal separation of a member and such member's designated 936 |
---|
1123 | 1123 | | coparticipant subsequent to the member's retirement, the member may 937 |
---|
1124 | 1124 | | retain the coparticipant designation and the coparticipant option elected 938 |
---|
1125 | 1125 | | at the time of retirement by filing a [qualified] domestic relations order 939 |
---|
1126 | 1126 | | with the board. 940 Raised Bill No. 438 |
---|
1127 | 1127 | | |
---|
1128 | 1128 | | |
---|
1129 | 1129 | | |
---|
1130 | 1130 | | LCO No. 2711 31 of 56 |
---|
1131 | 1131 | | |
---|
1132 | 1132 | | Sec. 9. Section 10-183k of the general statutes is repealed and the 941 |
---|
1133 | 1133 | | following is substituted in lieu thereof (Effective July 1, 2020): 942 |
---|
1134 | 1134 | | (a) [A] Any member who voluntarily or involuntarily terminates 943 |
---|
1135 | 1135 | | service with an employer prior to retirement shall be entitled to have 944 |
---|
1136 | 1136 | | refunded his or her accumulated voluntary contributions with credited 945 |
---|
1137 | 1137 | | interest. 946 |
---|
1138 | 1138 | | (b) A member who voluntarily or involuntarily terminates service 947 |
---|
1139 | 1139 | | with an employer prior to retirement with less than five years' credited 948 |
---|
1140 | 1140 | | service in the public schools of Connecticut shall be entitled to have 949 |
---|
1141 | 1141 | | refunded his or her accumulated regular contributions with credited 950 |
---|
1142 | 1142 | | interest. A member who voluntarily or involuntarily terminates service 951 |
---|
1143 | 1143 | | with his or her employer prior to retirement or death with more than 952 |
---|
1144 | 1144 | | five years of credited service shall be entitled to have refunded his or 953 |
---|
1145 | 1145 | | her accumulated regular contributions with credited interest and his or 954 |
---|
1146 | 1146 | | her accumulated one per cent contributions withheld prior to July 1, 955 |
---|
1147 | 1147 | | 1989. If a member elects a refund pursuant to this subsection, all credited 956 |
---|
1148 | 1148 | | service shall be cancelled and any rights to benefits provided by this 957 |
---|
1149 | 1149 | | chapter shall be extinguished, except as provided in subsection (d) of 958 |
---|
1150 | 1150 | | this section. 959 |
---|
1151 | 1151 | | (c) A member who voluntarily or involuntarily terminates service 960 |
---|
1152 | 1152 | | with his or her employer prior to retirement with more than ten years' 961 |
---|
1153 | 1153 | | credited service in the public schools of Connecticut but prior to 962 |
---|
1154 | 1154 | | retirement may elect to receive in lieu of the benefits provided by this 963 |
---|
1155 | 1155 | | chapter a refund of his or her accumulated contributions with credited 964 |
---|
1156 | 1156 | | interest as provided in subsection (b) of this section. If such member 965 |
---|
1157 | 1157 | | elects a refund, all credited service shall be cancelled and any rights to 966 |
---|
1158 | 1158 | | benefits provided by this chapter shall be extinguished, except as 967 |
---|
1159 | 1159 | | provided in subsection (d) of this section. If such member does not elect 968 |
---|
1160 | 1160 | | a refund, but dies before age sixty or before receiving the deferred 969 |
---|
1161 | 1161 | | vested benefit, if later, such member's [accumulated voluntary 970 |
---|
1162 | 1162 | | contributions,] accumulated regular contributions with credited interest 971 |
---|
1163 | 1163 | | and accumulated one per cent contributions withheld prior to July 1, 972 |
---|
1164 | 1164 | | 1989, [together with credited interest] shall be paid to such member's 973 Raised Bill No. 438 |
---|
1165 | 1165 | | |
---|
1166 | 1166 | | |
---|
1167 | 1167 | | |
---|
1168 | 1168 | | LCO No. 2711 32 of 56 |
---|
1169 | 1169 | | |
---|
1170 | 1170 | | designated beneficiary. 974 |
---|
1171 | 1171 | | (d) A member who receives a refund and returns to service shall be 975 |
---|
1172 | 1172 | | regarded as a new member unless such member repays, subject to the 976 |
---|
1173 | 1173 | | requirements established by the board, the amount refunded, other than 977 |
---|
1174 | 1174 | | voluntary contributions and the interest thereon, together with credited 978 |
---|
1175 | 1175 | | interest compounded from the date interest was last credited to such 979 |
---|
1176 | 1176 | | member's account to the date of repayment. The credited service 980 |
---|
1177 | 1177 | | accumulated before termination and any unrefunded one per cent 981 |
---|
1178 | 1178 | | contributions withheld prior to July 1, 1989, and credited interest shall 982 |
---|
1179 | 1179 | | be restored to a member who makes such repayment. Resto red 983 |
---|
1180 | 1180 | | contributions and interest shall be credited with credited interest for the 984 |
---|
1181 | 1181 | | period between the last day for which interest was credited on such 985 |
---|
1182 | 1182 | | contributions and such member's [return to service] date of repayment. 986 |
---|
1183 | 1183 | | Sec. 10. Section 10-183l of the general statutes is repealed and the 987 |
---|
1184 | 1184 | | following is substituted in lieu thereof (Effective July 1, 2020): 988 |
---|
1185 | 1185 | | (a) (1) On and after July 1, 1991, the management of the system shall 989 |
---|
1186 | 1186 | | continue to be vested in the Teachers' Retirement Board, whose 990 |
---|
1187 | 1187 | | members shall include the Treasurer, the Secretary of the Office of Policy 991 |
---|
1188 | 1188 | | and Management and the Commissioner of Education, or their 992 |
---|
1189 | 1189 | | designees, who shall be voting members of the board, ex officio. (2) On 993 |
---|
1190 | 1190 | | or before June 15, 1985, and quadrennially thereafter, the members of 994 |
---|
1191 | 1191 | | the system shall elect from their number, in a manner prescribed by said 995 |
---|
1192 | 1192 | | board, two persons to serve as members of said board for terms of four 996 |
---|
1193 | 1193 | | years beginning July first following such election. Both of such persons 997 |
---|
1194 | 1194 | | shall be active teachers who shall be nominated by the members of the 998 |
---|
1195 | 1195 | | system who are not retired and elected by all the members of the system. 999 |
---|
1196 | 1196 | | On or before July 1, 1991, and quadrennially thereafter, the members of 1000 |
---|
1197 | 1197 | | the system shall elect from their number, in a manner prescribed by said 1001 |
---|
1198 | 1198 | | board, three persons to serve as members of said board for terms of four 1002 |
---|
1199 | 1199 | | years beginning July first following such election. Two of such persons 1003 |
---|
1200 | 1200 | | shall be retired teachers who shall be nominated by the retired members 1004 |
---|
1201 | 1201 | | of the system and elected by all the members of the system and one shall 1005 |
---|
1202 | 1202 | | be an active teacher who shall be nominated by the members of the 1006 Raised Bill No. 438 |
---|
1203 | 1203 | | |
---|
1204 | 1204 | | |
---|
1205 | 1205 | | |
---|
1206 | 1206 | | LCO No. 2711 33 of 56 |
---|
1207 | 1207 | | |
---|
1208 | 1208 | | system who are not retired and elected by all the members of the system. 1007 |
---|
1209 | 1209 | | (3) On or before July 1, 2011, and quadrennially thereafter, the members 1008 |
---|
1210 | 1210 | | of the system shall elect from their number, in a manner prescribed by 1009 |
---|
1211 | 1211 | | said board, one person to serve as a member of said board for a term of 1010 |
---|
1212 | 1212 | | four years beginning July first following such election. Such person shall 1011 |
---|
1213 | 1213 | | be an active teacher who shall be nominated by the members of the 1012 |
---|
1214 | 1214 | | system who are not retired, elected by all the members of the system 1013 |
---|
1215 | 1215 | | and a member of an exclusive representative of a teachers' bargaining 1014 |
---|
1216 | 1216 | | unit that is not represented by the members of the board elected under 1015 |
---|
1217 | 1217 | | subdivision (2) of this subsection. (4) If a vacancy occurs in the positions 1016 |
---|
1218 | 1218 | | filled by the members of the system who are not retired, said board shall 1017 |
---|
1219 | 1219 | | elect a member of the system who is not retired to fill the unexpired 1018 |
---|
1220 | 1220 | | portion of the term. If a vacancy occurs in the positions filled by the 1019 |
---|
1221 | 1221 | | retired members of the system, said board shall elect a retired member 1020 |
---|
1222 | 1222 | | of the system to fill the unexpired portion of the term. The Governor 1021 |
---|
1223 | 1223 | | shall appoint five public members to said board in accordance with the 1022 |
---|
1224 | 1224 | | provisions of section 4-9a, one of whom shall be the mayor, first 1023 |
---|
1225 | 1225 | | selectman or chief elected official of a municipality. On and after the 1024 |
---|
1226 | 1226 | | effective date of this section, the Governor shall fill the next vacant 1025 |
---|
1227 | 1227 | | position on the board that is appointed by the Governor with a person 1026 |
---|
1228 | 1228 | | who is the mayor, first selectman or chief elected official of a 1027 |
---|
1229 | 1229 | | municipality. The members of the board shall serve without 1028 |
---|
1230 | 1230 | | compensation, but shall be reimbursed for any expenditures or loss of 1029 |
---|
1231 | 1231 | | salary or wages which they incur through service on the board. [All 1030 |
---|
1232 | 1232 | | decisions of the board shall require the approval of six members of the 1031 |
---|
1233 | 1233 | | board or a majority of the members who are present, whichever is 1032 |
---|
1234 | 1234 | | greater] A majority of the membership of the board shall constitute a 1033 |
---|
1235 | 1235 | | quorum for the transaction of any business. 1034 |
---|
1236 | 1236 | | (b) In carrying out its duties, the board may employ [a secretary] an 1035 |
---|
1237 | 1237 | | administrative officer with a title established by the board, who shall 1036 |
---|
1238 | 1238 | | also serve as secretary of the board, and such [clerical and other 1037 |
---|
1239 | 1239 | | assistance] staff as may be necessary. Their salaries shall be paid by said 1038 |
---|
1240 | 1240 | | board with the approval of the Secretary of the Office of Policy and 1039 |
---|
1241 | 1241 | | Management. Said board shall employ the services of one or more 1040 Raised Bill No. 438 |
---|
1242 | 1242 | | |
---|
1243 | 1243 | | |
---|
1244 | 1244 | | |
---|
1245 | 1245 | | LCO No. 2711 34 of 56 |
---|
1246 | 1246 | | |
---|
1247 | 1247 | | actuaries, each of which shall be an individual or firm having on its staff 1041 |
---|
1248 | 1248 | | a fellow of the Society of Actuaries, to carry out the actuarial duties of 1042 |
---|
1249 | 1249 | | this section and sections 10-183b, as amended by this act, 10-183r, and 1043 |
---|
1250 | 1250 | | 10-183z and for such related purposes as the board deems advisable. 1044 |
---|
1251 | 1251 | | The cost of such services shall be charged to the funds provided for in 1045 |
---|
1252 | 1252 | | section 10-183r. Said board shall arrange for such actuary to prepare an 1046 |
---|
1253 | 1253 | | actuarial valuation of the assets and liabilities of the system as of June 1047 |
---|
1254 | 1254 | | 30, 1980, and at least once every two years thereafter. On the basis of 1048 |
---|
1255 | 1255 | | reasonable actuarial assumptions approved by the board, such actuary 1049 |
---|
1256 | 1256 | | shall determine the [normal cost] actuarially determined employer 1050 |
---|
1257 | 1257 | | contribution required to meet the actuarial cost of current service and 1051 |
---|
1258 | 1258 | | the unfunded accrued liability. Commencing December 1, 2002, such 1052 |
---|
1259 | 1259 | | valuation shall be completed prior to December first biennially. Said 1053 |
---|
1260 | 1260 | | board shall adopt all needed actuarial tables and may adopt regulations 1054 |
---|
1261 | 1261 | | and rules not inconsistent with this chapter, including regulations and 1055 |
---|
1262 | 1262 | | rules for payment of purchased service credits and repayment of 1056 |
---|
1263 | 1263 | | previously withdrawn accumulated contributions. Said board shall 1057 |
---|
1264 | 1264 | | establish [such funds as are] an operational budget necessary for the 1058 |
---|
1265 | 1265 | | management of the system. The board may enter into such contractual 1059 |
---|
1266 | 1266 | | agreements, in accordance with established procedures, as may be 1060 |
---|
1267 | 1267 | | necessary for the discharge of its duties. 1061 |
---|
1268 | 1268 | | Sec. 11. Section 10-183n of the general statutes is repealed and the 1062 |
---|
1269 | 1269 | | following is substituted in lieu thereof (Effective July 1, 2020): 1063 |
---|
1270 | 1270 | | (a) Each employer shall: (1) Before employing a teacher notify such 1064 |
---|
1271 | 1271 | | teacher of the provisions of this chapter applicable to such teacher; (2) 1065 |
---|
1272 | 1272 | | distribute, post or otherwise disseminate in a timely manner, to teachers 1066 |
---|
1273 | 1273 | | in its employ, any notices, bulletins, newsletters, annual statements of 1067 |
---|
1274 | 1274 | | account and other information supplied by the board for the purpose of 1068 |
---|
1275 | 1275 | | properly notifying teachers of their rights and obligations under the 1069 |
---|
1276 | 1276 | | system; (3) furnish to the board at times designated by said board such 1070 |
---|
1277 | 1277 | | reports and information as the board deems necessary or desirable for 1071 |
---|
1278 | 1278 | | the proper administration of the system; and (4) deduct each month 1072 |
---|
1279 | 1279 | | [seven] eight and one-fourth per cent of one-tenth of such teacher's 1073 |
---|
1280 | 1280 | | annual salary rate as directed by said board and any additional 1074 Raised Bill No. 438 |
---|
1281 | 1281 | | |
---|
1282 | 1282 | | |
---|
1283 | 1283 | | |
---|
1284 | 1284 | | LCO No. 2711 35 of 56 |
---|
1285 | 1285 | | |
---|
1286 | 1286 | | voluntary deductions as authorized by such teacher. [, except that no 1075 |
---|
1287 | 1287 | | deductions shall be made from any amounts received by regularly 1076 |
---|
1288 | 1288 | | employed teachers for special teaching assignments rendered for the 1077 |
---|
1289 | 1289 | | State Board of Education or the Board of Regents for Higher Education 1078 |
---|
1290 | 1290 | | unless the salary for such special teaching assignment is equal to or 1079 |
---|
1291 | 1291 | | greater than the minimum salary paid for such teacher's regular 1080 |
---|
1292 | 1292 | | teaching assignment.] In the event the employer does not deduct the 1081 |
---|
1293 | 1293 | | amount set forth in subdivision (4) of this subsection, a member shall 1082 |
---|
1294 | 1294 | | remit such payment to the board in order to receive the annual salary 1083 |
---|
1295 | 1295 | | rate credit for the amount on which the payment relates. If the employer 1084 |
---|
1296 | 1296 | | deducted but failed to remit the mandatory contribution amount, the 1085 |
---|
1297 | 1297 | | employer shall be responsible for the payment of both the mandatory 1086 |
---|
1298 | 1298 | | contribution amount plus the credited interest due from the date the 1087 |
---|
1299 | 1299 | | payment of the mandatory contribution amount was required to be 1088 |
---|
1300 | 1300 | | made by the employer to the date of payment to the system. In the event 1089 |
---|
1301 | 1301 | | the mandatory contribution amount is not received by the system, the 1090 |
---|
1302 | 1302 | | member will be ineligible for the associated service credit. The board 1091 |
---|
1303 | 1303 | | shall not be required to refund credited interest for payments made 1092 |
---|
1304 | 1304 | | prior to the date such deduction was required. 1093 |
---|
1305 | 1305 | | (b) Each local treasurer or other person having custody of amounts 1094 |
---|
1306 | 1306 | | deducted under this chapter by an employer shall transmit and report 1095 |
---|
1307 | 1307 | | such amounts to the board so that they are received by said board no 1096 |
---|
1308 | 1308 | | later than the fifth business day of the following month. On and after 1097 |
---|
1309 | 1309 | | July 1, 2001, all such amounts shall be transmitted via electronic transfer 1098 |
---|
1310 | 1310 | | of funds. Such amounts shall at all times be the property of the system 1099 |
---|
1311 | 1311 | | and while in the custody of such local treasurer or other person such 1100 |
---|
1312 | 1312 | | person is a fiduciary with respect to such amounts and shall discharge 1101 |
---|
1313 | 1313 | | a fiduciary's responsibilities solely for the benefit of the system. If such 1102 |
---|
1314 | 1314 | | amounts are not accompanied by the reports and information deemed 1103 |
---|
1315 | 1315 | | necessary or desirable by the board for the proper administration of the 1104 |
---|
1316 | 1316 | | system, in accordance with subsection (a) of this section, the board may 1105 |
---|
1317 | 1317 | | deem such amounts not received by the fifth business day of the 1106 |
---|
1318 | 1318 | | following month for purposes of this subsection until the date on which 1107 |
---|
1319 | 1319 | | such reports and information are received. Said board shall be entitled 1108 Raised Bill No. 438 |
---|
1320 | 1320 | | |
---|
1321 | 1321 | | |
---|
1322 | 1322 | | |
---|
1323 | 1323 | | LCO No. 2711 36 of 56 |
---|
1324 | 1324 | | |
---|
1325 | 1325 | | to receive from an employer interest at the rate of nine per cent per year 1109 |
---|
1326 | 1326 | | from the due date on all amounts deducted by such employer and not 1110 |
---|
1327 | 1327 | | received by said board by the fifth business day of the following month. 1111 |
---|
1328 | 1328 | | Interest at the rate of nine per cent per year shall be compounded 1112 |
---|
1329 | 1329 | | annually on the interest assessed from the date payment is received to 1113 |
---|
1330 | 1330 | | the date the interest assessment is paid. Such interest shall be treated as 1114 |
---|
1331 | 1331 | | an amount earned by assets of the system. 1115 |
---|
1332 | 1332 | | (c) All amounts received by the board under this section shall be 1116 |
---|
1333 | 1333 | | forwarded to the State Treasurer. 1117 |
---|
1334 | 1334 | | (d) Each member shall file with the board [an enrollment and such 1118 |
---|
1335 | 1335 | | other] such forms, documents and information as the board deems 1119 |
---|
1336 | 1336 | | necessary or desirable for the proper administration of the system. 1120 |
---|
1337 | 1337 | | Sec. 12. Section 10-183o of the general statutes is repealed and the 1121 |
---|
1338 | 1338 | | following is substituted in lieu thereof (Effective July 1, 2020): 1122 |
---|
1339 | 1339 | | During any period when this country is at war, a board of education 1123 |
---|
1340 | 1340 | | may [cause to be paid] pay to the retirement board the mandatory 1124 |
---|
1341 | 1341 | | contributions of members who were in its employ at the time of entering 1125 |
---|
1342 | 1342 | | into the armed forces, as defined in section 27-103, [. Such contributions 1126 |
---|
1343 | 1343 | | as may be approved by the board of education shall be included in the 1127 |
---|
1344 | 1344 | | annual itemized budget estimate of the costs of maintenance of public 1128 |
---|
1345 | 1345 | | schools for the ensuing year] on behalf of such members, in accordance 1129 |
---|
1346 | 1346 | | with the Uniformed Services Employment and Reemployment Rights 1130 |
---|
1347 | 1347 | | Act of 1994, 38 USC Chapter 43, as amended from time to time. 1131 |
---|
1348 | 1348 | | Sec. 13. Section 10-183p of the general statutes is repealed and the 1132 |
---|
1349 | 1349 | | following is substituted in lieu thereof (Effective July 1, 2020): 1133 |
---|
1350 | 1350 | | [(a) Any member of either the state employees retirement system or 1134 |
---|
1351 | 1351 | | the teachers' retirement system, if eligible to belong to the other or in 1135 |
---|
1352 | 1352 | | accordance with the provisions of subsection (h) of section 5-160 or 1136 |
---|
1353 | 1353 | | section 5-192e, may transfer from the one to which such member 1137 |
---|
1354 | 1354 | | belongs to the other or prior to the first of the month following three 1138 |
---|
1355 | 1355 | | months after June 28, 1985, to an alternate retirement program, as 1139 Raised Bill No. 438 |
---|
1356 | 1356 | | |
---|
1357 | 1357 | | |
---|
1358 | 1358 | | |
---|
1359 | 1359 | | LCO No. 2711 37 of 56 |
---|
1360 | 1360 | | |
---|
1361 | 1361 | | defined in subsection (u) of section 5-154, when authorized to do so, in 1140 |
---|
1362 | 1362 | | the case of a transfer between said systems or a transfer from the 1141 |
---|
1363 | 1363 | | teachers' retirement system to an alternate retirement program, by the 1142 |
---|
1364 | 1364 | | concurrent action of the State Employees Retirement Commission and 1143 |
---|
1365 | 1365 | | the Teachers' Retirement Board. No person shall be eligible to 1144 |
---|
1366 | 1366 | | membership in more than one such system or program at the same time, 1145 |
---|
1367 | 1367 | | provided nothing contained herein shall affect the rights of any person 1146 |
---|
1368 | 1368 | | who, on June 18, 1953, was a member of both systems. Any member of 1147 |
---|
1369 | 1369 | | the teachers' retirement system who elects or has elected to participate 1148 |
---|
1370 | 1370 | | in an alternate retirement program shall receive a refund of all 1149 |
---|
1371 | 1371 | | contributions made by him into said system in lieu of any benefits under 1150 |
---|
1372 | 1372 | | said system. Any former state employee who was, during such 1151 |
---|
1373 | 1373 | | employee's period of employment, eligible to belong to either the state 1152 |
---|
1374 | 1374 | | employees retirement system or the teachers' retirement system and 1153 |
---|
1375 | 1375 | | who withdrew from the state employees retirement system after July 1, 1154 |
---|
1376 | 1376 | | 1940, to become a member of the teachers' retirement system may be 1155 |
---|
1377 | 1377 | | credited in the teachers' retirement system with such member's period 1156 |
---|
1378 | 1378 | | of state service upon making application in writing to the secretary of 1157 |
---|
1379 | 1379 | | the Teachers' Retirement Board and paying contributions for such 1158 |
---|
1380 | 1380 | | period of service with credited interest from the date such service was 1159 |
---|
1381 | 1381 | | rendered. 1160 |
---|
1382 | 1382 | | (b) No person who has creditable service as a member of the state 1161 |
---|
1383 | 1383 | | employees retirement system and who transfers, on or after May 6, 1975, 1162 |
---|
1384 | 1384 | | to the teachers' retirement system shall be entitled to benefits from the 1163 |
---|
1385 | 1385 | | teachers' retirement system until such person has been a member of and 1164 |
---|
1386 | 1386 | | contributed to said system for a period of one year. If such transferee 1165 |
---|
1387 | 1387 | | dies or becomes disabled before completion of that one year, such 1166 |
---|
1388 | 1388 | | transfer shall be deemed to be cancelled and such person shall be 1167 |
---|
1389 | 1389 | | deemed to be a member of the state employees retirement system.] 1168 |
---|
1390 | 1390 | | Any member who is also a participant in an alternate retirement 1169 |
---|
1391 | 1391 | | program, as defined in subsection (u) of section 5-154, the state 1170 |
---|
1392 | 1392 | | employees retirement system or any other retirement system may 1171 |
---|
1393 | 1393 | | purchase service credit in the Connecticut teachers' retirement system 1172 |
---|
1394 | 1394 | | in accordance with section 10-183e, as amended by this act, provided 1173 Raised Bill No. 438 |
---|
1395 | 1395 | | |
---|
1396 | 1396 | | |
---|
1397 | 1397 | | |
---|
1398 | 1398 | | LCO No. 2711 38 of 56 |
---|
1399 | 1399 | | |
---|
1400 | 1400 | | such member withdraws any and all employee funds and forfeits all 1174 |
---|
1401 | 1401 | | employer contributions and earnings thereon in the respective system, 1175 |
---|
1402 | 1402 | | other than the Social Security System or the nonregular military 1176 |
---|
1403 | 1403 | | retirement system under 10 USC Chapter 1223, as amended from time 1177 |
---|
1404 | 1404 | | to time. No person shall be eligible for membership in more than one 1178 |
---|
1405 | 1405 | | such system or program at the same time for the same service. 1179 |
---|
1406 | 1406 | | Sec. 14. Section 10-183q of the general statutes is repealed and the 1180 |
---|
1407 | 1407 | | following is substituted in lieu thereof (Effective July 1, 2020): 1181 |
---|
1408 | 1408 | | (a) The portion of each member's compensation deducted or to be 1182 |
---|
1409 | 1409 | | deducted under this chapter and all rights of each member and of each 1183 |
---|
1410 | 1410 | | survivor to receive benefits or other payments under this chapter shall 1184 |
---|
1411 | 1411 | | be exempt from the operation of any laws relating to bankruptcy or 1185 |
---|
1412 | 1412 | | insolvency; and, except as provided in subsection (b) of this section, 1186 |
---|
1413 | 1413 | | shall not be subject to garnishment, attachment, execution, levy or any 1187 |
---|
1414 | 1414 | | other similar legal process of any court. [No] Except as provided in 1188 |
---|
1415 | 1415 | | subsection (c) of this section, assignment of any right of a member or 1189 |
---|
1416 | 1416 | | any other person to receive benefits or other payments from the system 1190 |
---|
1417 | 1417 | | shall be valid. The funds of the system invested in personal property 1191 |
---|
1418 | 1418 | | shall be exempt from taxation. 1192 |
---|
1419 | 1419 | | (b) The portion of each member's compensation deducted or to be 1193 |
---|
1420 | 1420 | | deducted under this chapter and all rights of each member and of each 1194 |
---|
1421 | 1421 | | survivor to receive benefits or other payments under this chapter shall 1195 |
---|
1422 | 1422 | | be subject to attachment in favor of an alternate payee as set forth in an 1196 |
---|
1423 | 1423 | | approved domestic relations order. 1197 |
---|
1424 | 1424 | | (c) A distributee may elect, at the time and in the manner prescribed 1198 |
---|
1425 | 1425 | | by the board, to have any portion of an eligible rollover distribution or 1199 |
---|
1426 | 1426 | | trustee to trustee transfer paid directly to an eligible retirement plan by 1200 |
---|
1427 | 1427 | | way of a direct rollover. Taxable funds may be distributed as a rollover 1201 |
---|
1428 | 1428 | | if so elected by a distributee. For purposes of this subsection, (1) 1202 |
---|
1429 | 1429 | | "distributee" means a member, a member's surviving spouse or a 1203 |
---|
1430 | 1430 | | member's former spouse who is an alternate payee under an approved 1204 |
---|
1431 | 1431 | | domestic relations order; and (2) "eligible rollover distribution" and 1205 Raised Bill No. 438 |
---|
1432 | 1432 | | |
---|
1433 | 1433 | | |
---|
1434 | 1434 | | |
---|
1435 | 1435 | | LCO No. 2711 39 of 56 |
---|
1436 | 1436 | | |
---|
1437 | 1437 | | "eligible retirement plan" each have the meaning provided in Section 1206 |
---|
1438 | 1438 | | 402 of the Internal Revenue Code of 1986, or any subsequent 1207 |
---|
1439 | 1439 | | corresponding internal revenue code of the United States, as amended 1208 |
---|
1440 | 1440 | | from time to time, except (A) a qualified trust shall be considered an 1209 |
---|
1441 | 1441 | | eligible retirement plan only if it accepts the distributee's eligible 1210 |
---|
1442 | 1442 | | rollover distribution; and (B) in the case of an eligible rollover 1211 |
---|
1443 | 1443 | | distribution to a surviving spouse, an eligible retirement plan shall 1212 |
---|
1444 | 1444 | | mean an individual retirement account or an individual retirement 1213 |
---|
1445 | 1445 | | annuity as defined in Section 408 of said Internal Revenue Code. 1214 |
---|
1446 | 1446 | | Sec. 15. Section 10-183t of the general statutes is repealed and the 1215 |
---|
1447 | 1447 | | following is substituted in lieu thereof (Effective July 1, 2020): 1216 |
---|
1448 | 1448 | | (a) The retirement board shall offer one or more health benefit plans 1217 |
---|
1449 | 1449 | | to: Any member receiving retirement benefits or a disability allowance 1218 |
---|
1450 | 1450 | | from the system; the spouse or surviving spouse of such member, and a 1219 |
---|
1451 | 1451 | | disabled dependent of such member if there is no spouse or surviving 1220 |
---|
1452 | 1452 | | spouse, provided such member, spouse, surviving spouse, or disabled 1221 |
---|
1453 | 1453 | | dependent is participating in Medicare Part A hospital insurance and 1222 |
---|
1454 | 1454 | | Medicare Part B medical insurance. The board may offer one or more 1223 |
---|
1455 | 1455 | | basic plans, the cost of which to any such member, spouse, surviving 1224 |
---|
1456 | 1456 | | spouse or disabled dependent shall be one-third of the basic plan's 1225 |
---|
1457 | 1457 | | premium equivalent, and one or more optional plans, provided such 1226 |
---|
1458 | 1458 | | member, spouse, surviving spouse or disabled dependent shall pay one-1227 |
---|
1459 | 1459 | | third of the basic plan's premium equivalent plus the difference in cost 1228 |
---|
1460 | 1460 | | between any such basic plans and any such optional plans. The board 1229 |
---|
1461 | 1461 | | shall designate those plans which are basic and those plans which are 1230 |
---|
1462 | 1462 | | optional for the purpose of determining such cost and the amount to be 1231 |
---|
1463 | 1463 | | charged or withheld from benefit payments for such plans. The 1232 |
---|
1464 | 1464 | | surviving spouse of a member, or a disabled dependent of a member if 1233 |
---|
1465 | 1465 | | there is no surviving spouse, shall not be ineligible for participation in 1234 |
---|
1466 | 1466 | | any such plan solely because such surviving spouse or disabled 1235 |
---|
1467 | 1467 | | dependent is not receiving benefits from the system. With respect to any 1236 |
---|
1468 | 1468 | | person participating in any such plan, the state shall appropriate to the 1237 |
---|
1469 | 1469 | | board one-third of the cost of such basic plan or plans, or one-third of 1238 |
---|
1470 | 1470 | | the cost of the rate in effect during the fiscal year ending June 30, 1998, 1239 Raised Bill No. 438 |
---|
1471 | 1471 | | |
---|
1472 | 1472 | | |
---|
1473 | 1473 | | |
---|
1474 | 1474 | | LCO No. 2711 40 of 56 |
---|
1475 | 1475 | | |
---|
1476 | 1476 | | whichever is greater. [On and after July 1, 2012, federal reimbursements 1240 |
---|
1477 | 1477 | | received by the retirement board under the retiree drug subsidy 1241 |
---|
1478 | 1478 | | provisions of Medicare Part D shall be used to offset amounts 1242 |
---|
1479 | 1479 | | appropriated by the state to the board pursuant to this subsection.] 1243 |
---|
1480 | 1480 | | (b) Any member who is receiving retirement benefits or a disability 1244 |
---|
1481 | 1481 | | allowance from the system, the spouse or surviving spouse of such 1245 |
---|
1482 | 1482 | | member, or a disabled dependent of such member if there is no spouse 1246 |
---|
1483 | 1483 | | or surviving spouse, and who is not participating in Medicare Part A 1247 |
---|
1484 | 1484 | | hospital insurance and Medicare Part B medical insurance, may fully 1248 |
---|
1485 | 1485 | | participate in any or all group health insurance plans maintained for 1249 |
---|
1486 | 1486 | | active teachers by such member's last employing board of education, or 1250 |
---|
1487 | 1487 | | by the state in the case of a member who was employed by the state, 1251 |
---|
1488 | 1488 | | provided such member either meets the state's eligibility criteria for 1252 |
---|
1489 | 1489 | | health insurance or is eligible to participate in the group health 1253 |
---|
1490 | 1490 | | insurance plan offered by such member's last employing board of 1254 |
---|
1491 | 1491 | | education, upon payment to such board of education or to the state, as 1255 |
---|
1492 | 1492 | | applicable, by such member, spouse, surviving spouse or disabled 1256 |
---|
1493 | 1493 | | dependent, of the premium charged for his form of coverage. Such 1257 |
---|
1494 | 1494 | | premium shall be no greater than that charged for the same form of 1258 |
---|
1495 | 1495 | | coverage for active teachers. The spouse, surviving spouse or disabled 1259 |
---|
1496 | 1496 | | dependent shall not be ineligible for participation in any such plan 1260 |
---|
1497 | 1497 | | solely because such spouse, surviving spouse or disabled dependent is 1261 |
---|
1498 | 1498 | | not receiving benefits from the system. No person shall be ineligible for 1262 |
---|
1499 | 1499 | | participation in such plans for failure to enroll in such plans at the time 1263 |
---|
1500 | 1500 | | the member's retirement benefit or disability allowance became 1264 |
---|
1501 | 1501 | | effective. Nothing in this subsection shall be construed to impair or alter 1265 |
---|
1502 | 1502 | | the provisions of any collective bargaining agreement relating to the 1266 |
---|
1503 | 1503 | | payment by a board of education of group health insurance premiums 1267 |
---|
1504 | 1504 | | on behalf of any member receiving benefits from the system. Prior to the 1268 |
---|
1505 | 1505 | | cancellation of coverage for any member, spouse, surviving spouse or 1269 |
---|
1506 | 1506 | | disabled dependent for failure to pay the required premiums or cost 1270 |
---|
1507 | 1507 | | due, the board of education or the state, if applicable, shall notify the 1271 |
---|
1508 | 1508 | | Teachers' Retirement Board of its intention to cancel such coverage at 1272 |
---|
1509 | 1509 | | least thirty days prior to the date of cancellation. Absent any contractual 1273 Raised Bill No. 438 |
---|
1510 | 1510 | | |
---|
1511 | 1511 | | |
---|
1512 | 1512 | | |
---|
1513 | 1513 | | LCO No. 2711 41 of 56 |
---|
1514 | 1514 | | |
---|
1515 | 1515 | | provisions to the contrary, the payments made pursuant to subsection 1274 |
---|
1516 | 1516 | | (c) of this section shall be first applied to any cost borne by the member, 1275 |
---|
1517 | 1517 | | spouse, surviving spouse or disabled dependent participating in any 1276 |
---|
1518 | 1518 | | such plan. As used in this subsection, "last employing board of 1277 |
---|
1519 | 1519 | | education" means the board of education by which such member was 1278 |
---|
1520 | 1520 | | employed when such member filed his initial application for retirement, 1279 |
---|
1521 | 1521 | | and "health insurance plans" means hospital, medical, major medical, 1280 |
---|
1522 | 1522 | | dental, prescription drug or auditory benefit plans that are available to 1281 |
---|
1523 | 1523 | | active teachers. 1282 |
---|
1524 | 1524 | | (c) (1) On and after July 1, 2000, the board shall pay a subsidy equal 1283 |
---|
1525 | 1525 | | to the subsidy paid in the fiscal year ending June 30, 2000, to the board 1284 |
---|
1526 | 1526 | | of education or to the state, if applicable, on behalf of any member who 1285 |
---|
1527 | 1527 | | is receiving retirement benefits or a disability allowance from the 1286 |
---|
1528 | 1528 | | system, the spouse of such member, the surviving spouse of such 1287 |
---|
1529 | 1529 | | member, or a disabled dependent of such member if there is no spouse 1288 |
---|
1530 | 1530 | | or surviving spouse, who is participating in a health insurance plan 1289 |
---|
1531 | 1531 | | maintained by a board of education or by the state, if applicable. Such 1290 |
---|
1532 | 1532 | | payment shall not exceed the actual cost of such insurance. 1291 |
---|
1533 | 1533 | | (2) With respect to any person participating in any such plan 1292 |
---|
1534 | 1534 | | pursuant to subsection (b) of this section, the state shall appropriate to 1293 |
---|
1535 | 1535 | | the board one-third of the cost of the subsidy, except that, for the fiscal 1294 |
---|
1536 | 1536 | | year ending June 30, 2013, the state shall appropriate twenty-five per 1295 |
---|
1537 | 1537 | | cent of the cost of the subsidy. On and after July 1, 2018, for the fiscal 1296 |
---|
1538 | 1538 | | year ending June 30, 2019, and for each fiscal year thereafter, fifty per 1297 |
---|
1539 | 1539 | | cent of the total amount appropriated by the state in each such fiscal 1298 |
---|
1540 | 1540 | | year for the state's share of the cost of such subsidies shall be paid to the 1299 |
---|
1541 | 1541 | | board on or before July first of such fiscal year, and the remaining fifty 1300 |
---|
1542 | 1542 | | per cent of such total amount shall be paid to the board on or before 1301 |
---|
1543 | 1543 | | December first of such fiscal year. 1302 |
---|
1544 | 1544 | | (3) No payment to a board of education pursuant to this subsection 1303 |
---|
1545 | 1545 | | may be used to reduce the amount of any premium payment on behalf 1304 |
---|
1546 | 1546 | | of any such member, spouse, surviving spouse, or disabled dependent, 1305 |
---|
1547 | 1547 | | made by such board pursuant to any agreement in effect on July 1, 1990. 1306 Raised Bill No. 438 |
---|
1548 | 1548 | | |
---|
1549 | 1549 | | |
---|
1550 | 1550 | | |
---|
1551 | 1551 | | LCO No. 2711 42 of 56 |
---|
1552 | 1552 | | |
---|
1553 | 1553 | | On and after July 1, 2012, the board shall pay a subsidy of two hundred 1307 |
---|
1554 | 1554 | | twenty dollars per month on behalf of the member, spouse or the 1308 |
---|
1555 | 1555 | | surviving spouse of such member who: (A) Has attained the normal 1309 |
---|
1556 | 1556 | | retirement age to participate in Medicare, (B) is not eligible for Medicare 1310 |
---|
1557 | 1557 | | Part A without cost, and (C) contributes at least two hundred twenty 1311 |
---|
1558 | 1558 | | dollars per month towards his or her medical and prescription drug 1312 |
---|
1559 | 1559 | | plan provided by the board of education. 1313 |
---|
1560 | 1560 | | (d) The Treasurer shall establish a separate retired teachers' health 1314 |
---|
1561 | 1561 | | insurance premium account within the Teachers' Retirement Fund. 1315 |
---|
1562 | 1562 | | Commencing July 1, 1989, and annually thereafter all health benefit plan 1316 |
---|
1563 | 1563 | | contributions withheld under this chapter in excess of five hundred 1317 |
---|
1564 | 1564 | | thousand dollars shall, upon deposit in the Teachers' Retirement Fund, 1318 |
---|
1565 | 1565 | | be credited to such account. Interest derived from the investment of 1319 |
---|
1566 | 1566 | | funds in the account shall be credited to the account. Funds in the 1320 |
---|
1567 | 1567 | | account shall be used for (1) payments to boards of education pursuant 1321 |
---|
1568 | 1568 | | to subsection (c) of this section and for payment of premiums on behalf 1322 |
---|
1569 | 1569 | | of members, spouses of members, surviving spouses of members or 1323 |
---|
1570 | 1570 | | disabled dependents of members participating in one or more health 1324 |
---|
1571 | 1571 | | insurance plans pursuant to subsection (a) of this section in an amount 1325 |
---|
1572 | 1572 | | equal to the difference between the amount paid pursuant to subsection 1326 |
---|
1573 | 1573 | | (a) of this section and the amount paid pursuant to subsection (c) of this 1327 |
---|
1574 | 1574 | | section, and (2) payments for professional fees associated with the 1328 |
---|
1575 | 1575 | | administration of the health benefit plans offered pursuant to this 1329 |
---|
1576 | 1576 | | section. If, during any fiscal year, there are insufficient funds in the 1330 |
---|
1577 | 1577 | | account for the purposes of all such payments, the General Assembly 1331 |
---|
1578 | 1578 | | shall appropriate sufficient funds to the account for such purpose. 1332 |
---|
1579 | 1579 | | (e) (1) Not later than the first business day of February, May, August 1333 |
---|
1580 | 1580 | | and November, annually, each employer shall submit to the board, in a 1334 |
---|
1581 | 1581 | | format established by the board, any information the board determines 1335 |
---|
1582 | 1582 | | to be necessary with respect to the additions, deletions and premium 1336 |
---|
1583 | 1583 | | changes for the health insurance subsidy program under subsection (c) 1337 |
---|
1584 | 1584 | | of this section. Any report received by the board after the due date shall 1338 |
---|
1585 | 1585 | | be processed in the following quarterly cycle. Failure to timely submit 1339 |
---|
1586 | 1586 | | the quarterly report shall result in a delay of the subsidy for that quarter, 1340 Raised Bill No. 438 |
---|
1587 | 1587 | | |
---|
1588 | 1588 | | |
---|
1589 | 1589 | | |
---|
1590 | 1590 | | LCO No. 2711 43 of 56 |
---|
1591 | 1591 | | |
---|
1592 | 1592 | | which shall be paid as a retroactive subsidy as provided in subdivision 1341 |
---|
1593 | 1593 | | (2) of this subsection. 1342 |
---|
1594 | 1594 | | (2) Retroactive subsidy payments shall be limited to six months prior 1343 |
---|
1595 | 1595 | | to the first day of the month in which the board receives an untimely 1344 |
---|
1596 | 1596 | | report with the new eligible retired members or dependents included. 1345 |
---|
1597 | 1597 | | The board shall pay the subsidy retroactively to the effective date of the 1346 |
---|
1598 | 1598 | | disability, provided the eligible members or dependents are added to 1347 |
---|
1599 | 1599 | | the report not later than the first quarter following the board's approval 1348 |
---|
1600 | 1600 | | of the disability and the member's disability allowance is initiated 1349 |
---|
1601 | 1601 | | within four months of board approval. The employer shall hold any 1350 |
---|
1602 | 1602 | | member or dependent harmless for any costs associated with, arising 1351 |
---|
1603 | 1603 | | from or out of the loss of the benefit of the subsidy as a result of such 1352 |
---|
1604 | 1604 | | employer's untimely or inaccurate filing of the quarterly report. 1353 |
---|
1605 | 1605 | | Sec. 16. Section 10-183v of the 2020 supplement to the general statutes 1354 |
---|
1606 | 1606 | | is repealed and the following is substituted in lieu thereof (Effective July 1355 |
---|
1607 | 1607 | | 1, 2020): 1356 |
---|
1608 | 1608 | | (a) (1) Except as provided in subdivisions (2) and (3) of this subsection 1357 |
---|
1609 | 1609 | | and subsection (b) of this section, a teacher receiving retirement benefits 1358 |
---|
1610 | 1610 | | from the system may not be employed by an employer in a teaching 1359 |
---|
1611 | 1611 | | position receiving compensation paid out of public money appropriated 1360 |
---|
1612 | 1612 | | for school purposes except that such teacher may be employed in such 1361 |
---|
1613 | 1613 | | a position and receive no more than forty-five per cent of the maximum 1362 |
---|
1614 | 1614 | | salary level for the assigned position for each school year. Any teacher 1363 |
---|
1615 | 1615 | | who receives in excess of such amount shall reimburse the board for the 1364 |
---|
1616 | 1616 | | amount of such excess. 1365 |
---|
1617 | 1617 | | (2) Commencing July 1, 2016, to June 30, 2020, inclusive, the 1366 |
---|
1618 | 1618 | | provisions of subdivision (1) of this subsection establishing a limitation 1367 |
---|
1619 | 1619 | | on the compensation of a reemployed teacher and requiring the 1368 |
---|
1620 | 1620 | | reimbursement of any amount received in excess of that limitation shall 1369 |
---|
1621 | 1621 | | not apply to a teacher who (A) is receiving retirement benefits from the 1370 |
---|
1622 | 1622 | | system based on thirty-four or more years of credited service, (B) is 1371 |
---|
1623 | 1623 | | reemployed as a teacher in a district designated as an alliance district 1372 Raised Bill No. 438 |
---|
1624 | 1624 | | |
---|
1625 | 1625 | | |
---|
1626 | 1626 | | |
---|
1627 | 1627 | | LCO No. 2711 44 of 56 |
---|
1628 | 1628 | | |
---|
1629 | 1629 | | pursuant to section 10-262u, and (C) was serving as a teacher in that 1373 |
---|
1630 | 1630 | | district on July 1, 2015. 1374 |
---|
1631 | 1631 | | (3) On and after July 1, 2016, a teacher receiving retirement benefits 1375 |
---|
1632 | 1632 | | from the system may be employed in a teaching position and receive (A) 1376 |
---|
1633 | 1633 | | compensation paid out of public money appropriated for school 1377 |
---|
1634 | 1634 | | purposes, (B) health insurance benefits, and (C) other employment 1378 |
---|
1635 | 1635 | | benefits provided to active teachers employed by such school system, 1379 |
---|
1636 | 1636 | | provided such teacher does not receive a retirement income during such 1380 |
---|
1637 | 1637 | | employment. Payment of such teacher's retirement income shall resume 1381 |
---|
1638 | 1638 | | on the first day of the month following the termination of such 1382 |
---|
1639 | 1639 | | employment. The compensation under subparagraph (A) of this 1383 |
---|
1640 | 1640 | | subdivision shall be provided in accordance with subsection (c) of this 1384 |
---|
1641 | 1641 | | section. 1385 |
---|
1642 | 1642 | | (4) Notice of employment under this subsection shall be sent to the 1386 |
---|
1643 | 1643 | | board by the employer at the beginning and end of the school year, or 1387 |
---|
1644 | 1644 | | assignment within the school year when reemployed for less than the 1388 |
---|
1645 | 1645 | | full school year. 1389 |
---|
1646 | 1646 | | (b) A teacher receiving retirement benefits from the system may be 1390 |
---|
1647 | 1647 | | reemployed for up to one full school year by a local board of education, 1391 |
---|
1648 | 1648 | | the State Board of Education or by any constituent unit of the state 1392 |
---|
1649 | 1649 | | system of higher education (1) in a position designated by the 1393 |
---|
1650 | 1650 | | Commissioner of Education as a subject shortage area for the school year 1394 |
---|
1651 | 1651 | | in which the teacher is being employed, (2) at a school located in a school 1395 |
---|
1652 | 1652 | | district identified as a priority school district, pursuant to section 10-1396 |
---|
1653 | 1653 | | 266p, for the school year in which the teacher is being employed, (3) if 1397 |
---|
1654 | 1654 | | the teacher graduated from a public high school in an educational 1398 |
---|
1655 | 1655 | | reform district, as defined in section 10-262u, or (4) if the teacher 1399 |
---|
1656 | 1656 | | graduated from an historically black college or university or a Hispanic-1400 |
---|
1657 | 1657 | | serving institution, as those terms are defined in the Higher Education 1401 |
---|
1658 | 1658 | | Act of 1965, P.L. 89-329, as amended from time to time, and reauthorized 1402 |
---|
1659 | 1659 | | by the Higher Education Opportunity Act of 2008, P.L. 110-315, as 1403 |
---|
1660 | 1660 | | amended from time to time. Notice of such reemployment shall be sent 1404 |
---|
1661 | 1661 | | to the board by the employer and by the retired teacher at the time of 1405 Raised Bill No. 438 |
---|
1662 | 1662 | | |
---|
1663 | 1663 | | |
---|
1664 | 1664 | | |
---|
1665 | 1665 | | LCO No. 2711 45 of 56 |
---|
1666 | 1666 | | |
---|
1667 | 1667 | | hire and at the end of the assignment. Such reemployment may be 1406 |
---|
1668 | 1668 | | extended for [an] one additional school year, not to exceed two school 1407 |
---|
1669 | 1669 | | years over the lifetime of the retiree, provided the local board of 1408 |
---|
1670 | 1670 | | education (A) submits a written request for approval to the Teachers' 1409 |
---|
1671 | 1671 | | Retirement Board, (B) certifies that no qualified candidates are available 1410 |
---|
1672 | 1672 | | prior to the reemployment of such teacher, and (C) indicates the type of 1411 |
---|
1673 | 1673 | | assignment to be performed, the anticipated date of rehire and the 1412 |
---|
1674 | 1674 | | expected duration of the assignment. 1413 |
---|
1675 | 1675 | | (c) The employment of a teacher under subsections (a) and (b) of this 1414 |
---|
1676 | 1676 | | section shall not be considered as service qualifying for continuing 1415 |
---|
1677 | 1677 | | contract status under section 10-151 and the salary of such teacher shall 1416 |
---|
1678 | 1678 | | be fixed at an amount at least equal to that paid other teachers in the 1417 |
---|
1679 | 1679 | | same school system with similar training and experience for the same 1418 |
---|
1680 | 1680 | | type of service. 1419 |
---|
1681 | 1681 | | (d) No person shall be entitled to survivor's benefits under subsection 1420 |
---|
1682 | 1682 | | (f) of section 10-183f, as amended by this act, as a result of reemployment 1421 |
---|
1683 | 1683 | | under this section. 1422 |
---|
1684 | 1684 | | (e) The same option plan of retirement benefits in effect prior to 1423 |
---|
1685 | 1685 | | reemployment shall continue for a reemployed teacher during 1424 |
---|
1686 | 1686 | | reemployment. 1425 |
---|
1687 | 1687 | | (f) Any member in violation of any provision of this section, as 1426 |
---|
1688 | 1688 | | determined by the board, shall be required to reimburse the board for 1427 |
---|
1689 | 1689 | | all amounts they received in excess of the amount permitted under this 1428 |
---|
1690 | 1690 | | section. Such reimbursement shall be accomplished through an offset of 1429 |
---|
1691 | 1691 | | all or a portion of the excess amount which can be recaptured 1430 |
---|
1692 | 1692 | | commencing with the next immediate retirement benefit payment 1431 |
---|
1693 | 1693 | | issued to such member. Such member may request an alternative 1432 |
---|
1694 | 1694 | | payment method to reimburse the board for the excess amount through 1433 |
---|
1695 | 1695 | | an acceptable alternative method agreed to by the board. 1434 |
---|
1696 | 1696 | | (g) In no event shall a retired member be permitted to revert to active 1435 |
---|
1697 | 1697 | | status after the effective date of retirement, except a member may 1436 |
---|
1698 | 1698 | | suspend their retirement benefit for reemployment purposes. 1437 Raised Bill No. 438 |
---|
1699 | 1699 | | |
---|
1700 | 1700 | | |
---|
1701 | 1701 | | |
---|
1702 | 1702 | | LCO No. 2711 46 of 56 |
---|
1703 | 1703 | | |
---|
1704 | 1704 | | [(f)] (h) The provisions of this section in effect on June 30, 2003, 1438 |
---|
1705 | 1705 | | revision of 1958, revised to January 1, 2003, shall be applicable to any 1439 |
---|
1706 | 1706 | | person making contributions to the Teachers' Retirement System on 1440 |
---|
1707 | 1707 | | June 30, 2003, in accordance with said provisions. 1441 |
---|
1708 | 1708 | | (i) For purposes of this section, "employed" and "reemployed" mean 1442 |
---|
1709 | 1709 | | to hire, retain or otherwise procure the services of a retired teacher or 1443 |
---|
1710 | 1710 | | member by an employer. 1444 |
---|
1711 | 1711 | | Sec. 17. Section 10-183y of the general statutes is repealed and the 1445 |
---|
1712 | 1712 | | following is substituted in lieu thereof (Effective July 1, 2020): 1446 |
---|
1713 | 1713 | | Any member may appeal to the Teachers' Retirement Board for 1447 |
---|
1714 | 1714 | | reconsideration of a decision of the board affecting such member. Such 1448 |
---|
1715 | 1715 | | member shall submit with such appeal a written statement identifying 1449 |
---|
1716 | 1716 | | the section of the general statutes that provides for the benefit to which 1450 |
---|
1717 | 1717 | | such member claims he or she was entitled and denied and received a 1451 |
---|
1718 | 1718 | | written denial for such request. Such appeal shall be made within ninety 1452 |
---|
1719 | 1719 | | days of the date of issuance of written notice of such decision. The board 1453 |
---|
1720 | 1720 | | shall meet to review such member's records and, if requested in writing, 1454 |
---|
1721 | 1721 | | allow such member to appear at such meeting. The board shall render a 1455 |
---|
1722 | 1722 | | written decision within sixty days of receipt of such request for 1456 |
---|
1723 | 1723 | | reconsideration. 1457 |
---|
1724 | 1724 | | Sec. 18. Section 10-183aa of the general statutes is repealed and the 1458 |
---|
1725 | 1725 | | following is substituted in lieu thereof (Effective July 1, 2020): 1459 |
---|
1726 | 1726 | | (a) (1) An active member is eligible for a disability allowance if he or 1460 |
---|
1727 | 1727 | | she has [(1)] (A) become disabled as a result of any sickness or injury 1461 |
---|
1728 | 1728 | | incurred in the performance of his or her duty as a teacher, without 1462 |
---|
1729 | 1729 | | regard to the member's accumulated years of service at the time the 1463 |
---|
1730 | 1730 | | disability is incurred; or [(2)] (B) accumulated at least five years of 1464 |
---|
1731 | 1731 | | service in the public schools and becomes disabled, without regard to 1465 |
---|
1732 | 1732 | | whether the disability was incurred in the performance of his or her 1466 |
---|
1733 | 1733 | | duty as a teacher. 1467 |
---|
1734 | 1734 | | (2) Any active member seeking a disability allowance shall submit to 1468 Raised Bill No. 438 |
---|
1735 | 1735 | | |
---|
1736 | 1736 | | |
---|
1737 | 1737 | | |
---|
1738 | 1738 | | LCO No. 2711 47 of 56 |
---|
1739 | 1739 | | |
---|
1740 | 1740 | | the board a formal application for disability allowance, which shall 1469 |
---|
1741 | 1741 | | include the following: (A) The member's application; (B) the member's 1470 |
---|
1742 | 1742 | | birth certificate or, in lieu thereof, a notarized statement supported by 1471 |
---|
1743 | 1743 | | other evidence satisfactory to the board; (C) records of service, if such 1472 |
---|
1744 | 1744 | | records are required by the board to determine a salary rate or years of 1473 |
---|
1745 | 1745 | | creditable service; (D) a physician's statement of health for the member, 1474 |
---|
1746 | 1746 | | including, but not limited to, medical reports and office notes from such 1475 |
---|
1747 | 1747 | | physician; (E) in the case of a member who is married, a marriage 1476 |
---|
1748 | 1748 | | certificate; (F) an employer's statement regarding work performance, 1477 |
---|
1749 | 1749 | | attendance records and any other information regarding the member's 1478 |
---|
1750 | 1750 | | disability; (G) the member's statement outlining the effect his or her 1479 |
---|
1751 | 1751 | | impairment has on the ability to perform the duties of his or her 1480 |
---|
1752 | 1752 | | occupation; and (H) any other documentation required by the board. 1481 |
---|
1753 | 1753 | | For any formal application for disability allowance filed on or after July 1482 |
---|
1754 | 1754 | | 1, 1986, upon a finding by the board that extenuating circumstances 1483 |
---|
1755 | 1755 | | relating to the health of an active member caused a delay in the filing of 1484 |
---|
1756 | 1756 | | such member's complete formal application for disability allowance, the 1485 |
---|
1757 | 1757 | | board may deem such application to have been filed up to three months 1486 |
---|
1758 | 1758 | | earlier than the actual date of such filing. 1487 |
---|
1759 | 1759 | | (b) The disability allowance is computed as follows: Two per cent 1488 |
---|
1760 | 1760 | | times credited service to the date of disability multiplied by average 1489 |
---|
1761 | 1761 | | annual salary, provided such allowance shall not be less than fifteen per 1490 |
---|
1762 | 1762 | | cent or more than fifty per cent of the member's average annual salary. 1491 |
---|
1763 | 1763 | | In no case shall such disability allowance, less cost of living adjustments, 1492 |
---|
1764 | 1764 | | plus any initial award of Social Security benefits and workers' 1493 |
---|
1765 | 1765 | | compensation, exceed seventy-five per cent of the member's average 1494 |
---|
1766 | 1766 | | annual salary. 1495 |
---|
1767 | 1767 | | (c) The board shall designate a medical committee to be composed of 1496 |
---|
1768 | 1768 | | no more than five physicians. If required, other physicians may be 1497 |
---|
1769 | 1769 | | employed to report on special cases. Such medical committee shall 1498 |
---|
1770 | 1770 | | review each application for a disability allowance and shall make 1499 |
---|
1771 | 1771 | | findings and recommendations in writing to the board. The medical 1500 |
---|
1772 | 1772 | | committee shall perform additional examinations or case reviews as 1501 |
---|
1773 | 1773 | | deemed necessary by the board. Members of such committee shall 1502 Raised Bill No. 438 |
---|
1774 | 1774 | | |
---|
1775 | 1775 | | |
---|
1776 | 1776 | | |
---|
1777 | 1777 | | LCO No. 2711 48 of 56 |
---|
1778 | 1778 | | |
---|
1779 | 1779 | | receive compensation for their services at a rate to be determined by the 1503 |
---|
1780 | 1780 | | board. 1504 |
---|
1781 | 1781 | | (d) The disability allowance being paid to a member shall cease when 1505 |
---|
1782 | 1782 | | and if the disability ends. The board may determine that a member's 1506 |
---|
1783 | 1783 | | disability has ended if it finds, upon the recommendation of its medical 1507 |
---|
1784 | 1784 | | committee, that the member has failed to pursue an appropriate 1508 |
---|
1785 | 1785 | | program of treatment. In either event, such member shall receive 1509 |
---|
1786 | 1786 | | credited service for the years he received such disability allowance 1510 |
---|
1787 | 1787 | | subject to a maximum total credit of thirty years, or actual years of 1511 |
---|
1788 | 1788 | | credited service to the date the disability commenced, whichever is 1512 |
---|
1789 | 1789 | | greater. Such member, if eligible, may then (1) retire on a normal, early 1513 |
---|
1790 | 1790 | | or proratable retirement benefit or (2) retain a vested right to a deferred 1514 |
---|
1791 | 1791 | | normal, early or proratable retirement benefit. Upon attainment of the 1515 |
---|
1792 | 1792 | | member's normal retirement date, as determined by his age and 1516 |
---|
1793 | 1793 | | credited service, including the credited service granted by this 1517 |
---|
1794 | 1794 | | subsection, the member's disability allowance shall convert to a normal 1518 |
---|
1795 | 1795 | | or other service retirement, which shall be payable either in the normal 1519 |
---|
1796 | 1796 | | form or under an optional payment form under section 10-183j. The 1520 |
---|
1797 | 1797 | | board may require periodic medical examinations. 1521 |
---|
1798 | 1798 | | (e) No credit for a period of service of any kind prior to the months 1522 |
---|
1799 | 1799 | | in which contribution therefor is made shall be given under this chapter 1523 |
---|
1800 | 1800 | | or any special act in determining service in connection with an 1524 |
---|
1801 | 1801 | | application for disability allowance other than for injury received in 1525 |
---|
1802 | 1802 | | performance of duty as a teacher if such disability occurred within five 1526 |
---|
1803 | 1803 | | years after contributions and required interest on account of such period 1527 |
---|
1804 | 1804 | | were paid in full. The foregoing limitation shall not apply to (1) any 1528 |
---|
1805 | 1805 | | reinstatement of prior Connecticut teaching service, or (2) credit 1529 |
---|
1806 | 1806 | | obtained immediately after transfer from the state employees retirement 1530 |
---|
1807 | 1807 | | system under this chapter for service previously credited in said system; 1531 |
---|
1808 | 1808 | | but in the case of such transfer, no allowance on account of disability 1532 |
---|
1809 | 1809 | | occurring within such five-year period, other than for injury received in 1533 |
---|
1810 | 1810 | | performance of duty as a teacher, shall exceed the benefit which would 1534 |
---|
1811 | 1811 | | have been payable by said system if transfer had not been made. 1535 Raised Bill No. 438 |
---|
1812 | 1812 | | |
---|
1813 | 1813 | | |
---|
1814 | 1814 | | |
---|
1815 | 1815 | | LCO No. 2711 49 of 56 |
---|
1816 | 1816 | | |
---|
1817 | 1817 | | (f) During the first twenty-four months of payment of the disability 1536 |
---|
1818 | 1818 | | allowance to a member, twenty per cent of all of such member's outside 1537 |
---|
1819 | 1819 | | earned income or wages shall be offset against the disability allowance 1538 |
---|
1820 | 1820 | | payable, unless the board determines that such earned income or wages 1539 |
---|
1821 | 1821 | | are being paid as part of the rehabilitation of the member. At the 1540 |
---|
1822 | 1822 | | expiration of such twenty-four-month period, if the total of the disability 1541 |
---|
1823 | 1823 | | allowance and outside earned income exceeds one hundred per cent of 1542 |
---|
1824 | 1824 | | average annual salary, the disability allowance will be reduced by the 1543 |
---|
1825 | 1825 | | amount of such excess over one hundred per cent. The board shall adopt 1544 |
---|
1826 | 1826 | | regulations, in accordance with the provisions of chapter 54, concerning 1545 |
---|
1827 | 1827 | | procedures for verification of the income of members in receipt of a 1546 |
---|
1828 | 1828 | | disability allowance. 1547 |
---|
1829 | 1829 | | (g) All members of the teachers' retirement system who are receiving 1548 |
---|
1830 | 1830 | | disability payments under subsection (e) of section 10-183g of the 1549 |
---|
1831 | 1831 | | general statutes, revision of 1958, revised to 1979, may, using a form 1550 |
---|
1832 | 1832 | | provided by the board, elect to have their disability payments 1551 |
---|
1833 | 1833 | | recomputed with regard to the percentage basis and pursuant to the 1552 |
---|
1834 | 1834 | | provisions of this section and section 10-183bb. Such election shall not 1553 |
---|
1835 | 1835 | | be revocable. 1554 |
---|
1836 | 1836 | | Sec. 19. Section 10-183ff of the general statutes is repealed and the 1555 |
---|
1837 | 1837 | | following is substituted in lieu thereof (Effective July 1, 2020): 1556 |
---|
1838 | 1838 | | (a) Should any change or error in records result in any member or 1557 |
---|
1839 | 1839 | | beneficiary receiving from the teachers' retirement system more or less 1558 |
---|
1840 | 1840 | | than he would have been entitled to receive had the records been 1559 |
---|
1841 | 1841 | | correct, then upon discovery of any such error the Teachers' Retirement 1560 |
---|
1842 | 1842 | | Board shall notify the member or beneficiary affected and correct the 1561 |
---|
1843 | 1843 | | same, and as far as practicable shall adjust the payments in such manner 1562 |
---|
1844 | 1844 | | that the actuarial equivalent of the benefit to which such member or 1563 |
---|
1845 | 1845 | | beneficiary was correctly entitled shall be paid, provided if such change 1564 |
---|
1846 | 1846 | | or error results in any member or beneficiary receiving less than he 1565 |
---|
1847 | 1847 | | would have been eligible to receive, such member or beneficiary may 1566 |
---|
1848 | 1848 | | elect to have such benefit paid in a single payment. The board may, 1567 |
---|
1849 | 1849 | | within the board's discretion, grant a request for a reimbursement of 1568 Raised Bill No. 438 |
---|
1850 | 1850 | | |
---|
1851 | 1851 | | |
---|
1852 | 1852 | | |
---|
1853 | 1853 | | LCO No. 2711 50 of 56 |
---|
1854 | 1854 | | |
---|
1855 | 1855 | | overdraft charges incurred by a member resulting from an erroneous 1569 |
---|
1856 | 1856 | | suspension of benefits in error by the board, provided such member 1570 |
---|
1857 | 1857 | | submits such request to the board not later than the last business day of 1571 |
---|
1858 | 1858 | | the month following the month in which such error occurred. 1572 |
---|
1859 | 1859 | | (b) If a member or beneficiary has been overpaid through no fault of 1573 |
---|
1860 | 1860 | | his own, and he could not reasonably have been expected to detect the 1574 |
---|
1861 | 1861 | | error, the board may waive any repayment which it believes would 1575 |
---|
1862 | 1862 | | cause hardship. 1576 |
---|
1863 | 1863 | | (c) Upon determination by the Teachers' Retirement Board that any 1577 |
---|
1864 | 1864 | | person has erroneously been included in membership in the teachers' 1578 |
---|
1865 | 1865 | | retirement system, contributions and interest credited under the 1579 |
---|
1866 | 1866 | | provisions of this chapter shall be refunded and records of related 1580 |
---|
1867 | 1867 | | service voided. 1581 |
---|
1868 | 1868 | | (d) Upon determination that the Teachers' Retirement Board has 1582 |
---|
1869 | 1869 | | invoiced a member for the purchase of additional credited service in an 1583 |
---|
1870 | 1870 | | amount in excess of that permitted by law, and such member has paid 1584 |
---|
1871 | 1871 | | the invoiced amount, the amount of the overpayment shall be refunded 1585 |
---|
1872 | 1872 | | to such member with interest at a rate equal to the average of interest 1586 |
---|
1873 | 1873 | | rates for the most recent ten-year period from the date of the member's 1587 |
---|
1874 | 1874 | | retirement to the date such amount is refunded. 1588 |
---|
1875 | 1875 | | [(e) Upon determination that a member has not purchased additional 1589 |
---|
1876 | 1876 | | credited service which was invoiced to him in an amount in excess of 1590 |
---|
1877 | 1877 | | that permitted by law, such member shall be given the opportunity at 1591 |
---|
1878 | 1878 | | any time to make such purchase by the payment of the proper amount 1592 |
---|
1879 | 1879 | | with interest to the date of payment. The additional benefit resulting 1593 |
---|
1880 | 1880 | | from the credited service so purchased shall be made retroactive to the 1594 |
---|
1881 | 1881 | | date of the member's retirement, and the aggregate amount of such 1595 |
---|
1882 | 1882 | | additional benefit shall be paid to the member in a single payment 1596 |
---|
1883 | 1883 | | together with interest calculated at a rate equal to the average of interest 1597 |
---|
1884 | 1884 | | rates for the most recent ten-year period from the date each payment 1598 |
---|
1885 | 1885 | | was due to the date such payment is made.] 1599 |
---|
1886 | 1886 | | [(f)] (e) Upon determination by the Teachers' Retirement Board that a 1600 Raised Bill No. 438 |
---|
1887 | 1887 | | |
---|
1888 | 1888 | | |
---|
1889 | 1889 | | |
---|
1890 | 1890 | | LCO No. 2711 51 of 56 |
---|
1891 | 1891 | | |
---|
1892 | 1892 | | member received, on or after November 1, 2008, an estimate of benefits 1601 |
---|
1893 | 1893 | | statement from the board that contained a material error, the board shall 1602 |
---|
1894 | 1894 | | pay the member the benefits set forth in such estimate if the board 1603 |
---|
1895 | 1895 | | determines that (1) the member could not reasonably have been 1604 |
---|
1896 | 1896 | | expected to detect such error, and (2) the member, in reliance upon such 1605 |
---|
1897 | 1897 | | estimate, irrevocably submitted (A) his or her resignation to the 1606 |
---|
1898 | 1898 | | employing board of education, and (B) a formal application of 1607 |
---|
1899 | 1899 | | retirement to the Teachers' Retirement Board. For purposes of this 1608 |
---|
1900 | 1900 | | subsection, "material error" means an error that amounts to a difference 1609 |
---|
1901 | 1901 | | of ten per cent or greater between the estimated retirement benefits and 1610 |
---|
1902 | 1902 | | the actual retirement benefits to which such member would otherwise 1611 |
---|
1903 | 1903 | | be entitled. 1612 |
---|
1904 | 1904 | | Sec. 20. Section 10-183gg of the general statutes is repealed and the 1613 |
---|
1905 | 1905 | | following is substituted in lieu thereof (Effective July 1, 2020): 1614 |
---|
1906 | 1906 | | Part-time service averaging at least one-half of a school day but less 1615 |
---|
1907 | 1907 | | than a full school day shall be treated as full-time service for purposes 1616 |
---|
1908 | 1908 | | of determining eligibility for benefits under this chapter. For purposes 1617 |
---|
1909 | 1909 | | of determining benefits under subsections (a) to (d), inclusive, of section 1618 |
---|
1910 | 1910 | | 10-183g, as amended by this act, the percentages utilized in said sections 1619 |
---|
1911 | 1911 | | shall be proportionally reduced for each year or portion of a year of 1620 |
---|
1912 | 1912 | | service rendered or purchased after July 1, 1977, which is part-time 1621 |
---|
1913 | 1913 | | service. Notwithstanding the provisions of [subdivision (4) of] section 1622 |
---|
1914 | 1914 | | 10-183b, as amended by this act, the average annual salary of a member 1623 |
---|
1915 | 1915 | | with part-time service shall be such member's full-time annualized 1624 |
---|
1916 | 1916 | | salary during his three highest years. Any benefit awarded pursuant to 1625 |
---|
1917 | 1917 | | this section shall be proportional in all respects to the benefit which 1626 |
---|
1918 | 1918 | | would have been payable had such service been rendered on a full-time 1627 |
---|
1919 | 1919 | | basis. 1628 |
---|
1920 | 1920 | | Sec. 21. Subsection (a) of section 10-183jj of the general statutes is 1629 |
---|
1921 | 1921 | | repealed and the following is substituted in lieu thereof (Effective July 1, 1630 |
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1922 | 1922 | | 2020): 1631 |
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1923 | 1923 | | (a) A local or regional board of education may establish a retirement 1632 Raised Bill No. 438 |
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1924 | 1924 | | |
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1925 | 1925 | | |
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1926 | 1926 | | |
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1927 | 1927 | | LCO No. 2711 52 of 56 |
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1928 | 1928 | | |
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1929 | 1929 | | incentive plan for teachers, as defined in [subparagraph (A) of 1633 |
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1930 | 1930 | | subdivision (26) of] section 10-183b, as amended by this act, in its 1634 |
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1931 | 1931 | | employ who are members of the teachers' retirement system. The plan 1635 |
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1932 | 1932 | | shall provide for purchase of additional credited service by a board of 1636 |
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1933 | 1933 | | education and a member of the system who chooses to participate in the 1637 |
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1934 | 1934 | | plan, of additional credited service for such member and for payment 1638 |
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1935 | 1935 | | by the board of education of not less than fifty per cent of the entire cost 1639 |
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1936 | 1936 | | of such additional credited service and payment by the member of the 1640 |
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1937 | 1937 | | remaining percentage of such total cost. The member shall pay the 1641 |
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1938 | 1938 | | remaining percentage of such total cost, if any, in one lump sum not later 1642 |
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1939 | 1939 | | than thirty days after receipt of notification by the Teachers' Retirement 1643 |
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1940 | 1940 | | Board of the amount owed. Any such plan shall specify a maximum 1644 |
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1941 | 1941 | | number of years, not exceeding five years, of additional credited service 1645 |
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1942 | 1942 | | which may be purchased under the plan. Any such plan shall have a 1646 |
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1943 | 1943 | | two-month application period. 1647 |
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1944 | 1944 | | Sec. 22. Section 10-183pp of the general statutes is repealed and the 1648 |
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1945 | 1945 | | following is substituted in lieu thereof (Effective July 1, 2020): 1649 |
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1946 | 1946 | | Any member who began receiving disability benefits October 1, 1977, 1650 |
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1947 | 1947 | | under the provisions of subsection (d) of section 10-166 and who elected 1651 |
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1948 | 1948 | | to receive benefits in accordance with the former provisions of 1652 |
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1949 | 1949 | | subsection (c) of section 10-164-7 of the Regulations of Connecticut State 1653 |
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1950 | 1950 | | Agencies in effect June 30, 1978, may elect to receive such benefits 1654 |
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1951 | 1951 | | readjusted under the provisions of subsection [(b) or] (c) or (d) of section 1655 |
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1952 | 1952 | | 10-183j, as amended by this act, provided such member provides written 1656 |
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1953 | 1953 | | notice of such election to the Teachers' Retirement Board not later than 1657 |
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1954 | 1954 | | ninety days following January 1, 2001. 1658 |
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1955 | 1955 | | Sec. 23. Section 10-183rr of the general statutes is repealed and the 1659 |
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1956 | 1956 | | following is substituted in lieu thereof (Effective July 1, 2020): 1660 |
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1957 | 1957 | | Notwithstanding the provisions of subdivision [(26)] (29) of section 1661 |
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1958 | 1958 | | 10-183b, as amended by this act, concerning the requirement that a 1662 |
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1959 | 1959 | | teacher hold a certificate for the position in which the person is 1663 |
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1960 | 1960 | | employed, any teacher who possesses a certificate or permit issued by 1664 Raised Bill No. 438 |
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1961 | 1961 | | |
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1962 | 1962 | | |
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1963 | 1963 | | |
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1964 | 1964 | | LCO No. 2711 53 of 56 |
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1965 | 1965 | | |
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1966 | 1966 | | the State Board of Education and is notified on or after December 1, 2003, 1665 |
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1967 | 1967 | | by the Department of Education that such teacher is not properly 1666 |
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1968 | 1968 | | certified for the position in which the teacher is employed or has been 1667 |
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1969 | 1969 | | employed, such teacher shall receive no further credit in the teachers' 1668 |
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1970 | 1970 | | retirement system for employment in such position until the teacher 1669 |
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1971 | 1971 | | becomes properly certified for such position. The Teachers' Retirement 1670 |
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1972 | 1972 | | Board shall not rescind any credited service to such teacher for such 1671 |
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1973 | 1973 | | employment and shall restore any such credit to such teacher if 1672 |
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1974 | 1974 | | rescinded prior to May 27, 2008. 1673 |
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1975 | 1975 | | Sec. 24. Subsection (a) of section 10-183ww of the 2020 supplement to 1674 |
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1976 | 1976 | | the general statutes is repealed and the following is substituted in lieu 1675 |
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1977 | 1977 | | thereof (Effective July 1, 2020): 1676 |
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1978 | 1978 | | (a) Not later than fourteen business days after the last action 1677 |
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1979 | 1979 | | necessary to make effective a state budget act for the biennium ending 1678 |
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1980 | 1980 | | June 30, 2021, subject to the approval of the Teachers' Retirement Board, 1679 |
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1981 | 1981 | | the credited interest percentage for member accounts, except voluntary 1680 |
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1982 | 1982 | | accounts containing only those contributions made pursuant to section 1681 |
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1983 | 1983 | | 10-183i, as amended by this act, shall be not more than four per cent per 1682 |
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1984 | 1984 | | annum and the return assumption shall be six and nine-tenths per cent 1683 |
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1985 | 1985 | | per annum. Notwithstanding the provisions of sections 10-183vv, 12-1684 |
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1986 | 1986 | | 801, 12-806 and 12-812, if the board fails to revise such percentage and 1685 |
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1987 | 1987 | | adopt such return assumption: (1) No moneys shall be deposited in the 1686 |
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1988 | 1988 | | Connecticut Teachers' Retirement Fund Bonds Special Capital Reserve 1687 |
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1989 | 1989 | | Fund, established in section 10-183vv; (2) the Treasurer's duties and 1688 |
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1990 | 1990 | | obligations under section 10-183vv shall terminate; and (3) the pledges 1689 |
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1991 | 1991 | | made in section 10-183vv shall not be in effect. 1690 |
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1992 | 1992 | | Sec. 25. Subsection (d) of section 10-66dd of the general statutes is 1691 |
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1993 | 1993 | | repealed and the following is substituted in lieu thereof (Effective July 1, 1692 |
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1994 | 1994 | | 2020): 1693 |
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1995 | 1995 | | (d) (1) An otherwise qualified school professional hired by a charter 1694 |
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1996 | 1996 | | school prior to July 1, 2010, and employed in a charter school may 1695 |
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1997 | 1997 | | participate in the state teachers' retirement system under chapter 167a 1696 Raised Bill No. 438 |
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1998 | 1998 | | |
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1999 | 1999 | | |
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2000 | 2000 | | |
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2001 | 2001 | | LCO No. 2711 54 of 56 |
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2002 | 2002 | | |
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2003 | 2003 | | on the same basis as if such professional were employed by a local or 1697 |
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2004 | 2004 | | regional board of education. The governing council of a charter school 1698 |
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2005 | 2005 | | shall make the contributions, as defined in [subdivision (7) of] section 1699 |
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2006 | 2006 | | 10-183b, as amended by this act, for such professional. 1700 |
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2007 | 2007 | | (2) An otherwise qualified school professional hired by a charter 1701 |
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2008 | 2008 | | school on or after July 1, 2010, and who has not previously been 1702 |
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2009 | 2009 | | employed by a charter school in this state prior to July 1, 2010, shall 1703 |
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2010 | 2010 | | participate in the state teachers' retirement system under chapter 167a 1704 |
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2011 | 2011 | | on the same basis as if such professional were employed by a local or 1705 |
---|
2012 | 2012 | | regional board of education. The governing council of a charter school 1706 |
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2013 | 2013 | | shall make the contributions, as defined in [subdivision (7) of] section 1707 |
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2014 | 2014 | | 10-183b, as amended by this act, for such professional. 1708 |
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2015 | 2015 | | (3) Any administrator or person providing instruction or pupil 1709 |
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2016 | 2016 | | services in a charter school who holds a charter school educator permit 1710 |
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2017 | 2017 | | issued by the State Board of Education pursuant to section 10-145q shall 1711 |
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2018 | 2018 | | participate in the state teachers' retirement system under chapter 167a 1712 |
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2019 | 2019 | | pursuant to subdivision (2) of this section when such administrator or 1713 |
---|
2020 | 2020 | | person providing instruction or pupil services obtains professional 1714 |
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2021 | 2021 | | certification pursuant to section 10-145b. 1715 |
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2022 | 2022 | | Sec. 26. Subsection (a) of section 10a-55i of the general statutes is 1716 |
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2023 | 2023 | | repealed and the following is substituted in lieu thereof (Effective July 1, 1717 |
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2024 | 2024 | | 2020): 1718 |
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2025 | 2025 | | (a) There is established a Higher Education Consolidation Committee 1719 |
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2026 | 2026 | | which shall be convened by the chairpersons of the joint standing 1720 |
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2027 | 2027 | | committee of the General Assembly having cognizance of matters 1721 |
---|
2028 | 2028 | | relating to higher education or such chairpersons' designee, who shall 1722 |
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2029 | 2029 | | be a member of such joint standing committee. The membership of the 1723 |
---|
2030 | 2030 | | Higher Education Consolidation Committee shall consist of the higher 1724 |
---|
2031 | 2031 | | education subcommittee on appropriations and the chairpersons, vice 1725 |
---|
2032 | 2032 | | chairpersons and ranking members of the joint standing committees of 1726 |
---|
2033 | 2033 | | the General Assembly having cognizance of matters relating to higher 1727 |
---|
2034 | 2034 | | education and appropriations. The Higher Education Consolidation 1728 Raised Bill No. 438 |
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2035 | 2035 | | |
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2036 | 2036 | | |
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2037 | 2037 | | |
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2038 | 2038 | | LCO No. 2711 55 of 56 |
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2039 | 2039 | | |
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2040 | 2040 | | Committee shall establish a meeting and public hearing schedule for 1729 |
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2041 | 2041 | | purposes of receiving updates from (1) the Board of Regents for Higher 1730 |
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2042 | 2042 | | Education on the progress of the consolidation of the state system of 1731 |
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2043 | 2043 | | higher education pursuant to this section, section 4-9c, subsection (g) of 1732 |
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2044 | 2044 | | section 5-160, section 5-199d, subsection (a) of section 7-323k, subsection 1733 |
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2045 | 2045 | | (a) of section 7-608, subsection (a) of section 10-9, section 10-155d, 1734 |
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2046 | 2046 | | subdivision [(14)] (16) of section 10-183b, as amended by this act, 1735 |
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2047 | 2047 | | sections 10a-1a to 10a-1d, inclusive, 10a-3 and 10a-3a, subsection (a) of 1736 |
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2048 | 2048 | | section 10a-6a, sections 10a-6b, 10a-8, 10a-10a to 10a-11a, inclusive, 10a-1737 |
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2049 | 2049 | | 17d and 10a-22a, subsections (f) and (h) of section 10a-22b, subsections 1738 |
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2050 | 2050 | | (c) and (d) of section 10a-22d, sections 10a-22h and 10a-22k, subsection 1739 |
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2051 | 2051 | | (a) of section 10a-22n, sections 10a-22r, 10a-22s, 10a-22u, 10a-22v, 10a-1740 |
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2052 | 2052 | | 22x and 10a-34 to 10a-35a, inclusive, subsection (a) of section 10a-48a, 1741 |
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2053 | 2053 | | sections 10a-71 and 10a-72, subsections (c) and (f) of section 10a-77, 1742 |
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2054 | 2054 | | section 10a-88, subsection (a) of section 10a-89, subsection (c) of section 1743 |
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2055 | 2055 | | 10a-99 and sections 10a-102, 10a-104, 10a-105, 10a-109e, 10a-143 and 10a-1744 |
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2056 | 2056 | | 168a, and (2) the Board of Regents for Higher Education and The 1745 |
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2057 | 2057 | | University of Connecticut on the program approval process for the 1746 |
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2058 | 2058 | | constituent units. The Higher Education Consolidation Committee shall 1747 |
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2059 | 2059 | | convene its first meeting on or before September 15, 2011, and meet not 1748 |
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2060 | 2060 | | less than once every two months. 1749 |
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2061 | 2061 | | This act shall take effect as follows and shall amend the following |
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2062 | 2062 | | sections: |
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2063 | 2063 | | |
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2064 | 2064 | | Section 1 July 1, 2020 10-183b |
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2065 | 2065 | | Sec. 2 July 1, 2020 10-183c |
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2066 | 2066 | | Sec. 3 July 1, 2020 10-183e |
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2067 | 2067 | | Sec. 4 July 1, 2020 10-183f |
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2068 | 2068 | | Sec. 5 July 1, 2020 10-183g |
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2069 | 2069 | | Sec. 6 July 1, 2020 10-183h |
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2070 | 2070 | | Sec. 7 July 1, 2020 10-183i(a) |
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2071 | 2071 | | Sec. 8 July 1, 2020 10-183j |
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2072 | 2072 | | Sec. 9 July 1, 2020 10-183k |
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2073 | 2073 | | Sec. 10 July 1, 2020 10-183l |
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2074 | 2074 | | Sec. 11 July 1, 2020 10-183n |
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2075 | 2075 | | Sec. 12 July 1, 2020 10-183o |
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2076 | 2076 | | Sec. 13 July 1, 2020 10-183p Raised Bill No. 438 |
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2077 | 2077 | | |
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2078 | 2078 | | |
---|
2079 | 2079 | | |
---|
2080 | 2080 | | LCO No. 2711 56 of 56 |
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2081 | 2081 | | |
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2082 | 2082 | | Sec. 14 July 1, 2020 10-183q |
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2083 | 2083 | | Sec. 15 July 1, 2020 10-183t |
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2084 | 2084 | | Sec. 16 July 1, 2020 10-183v |
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2085 | 2085 | | Sec. 17 July 1, 2020 10-183y |
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2086 | 2086 | | Sec. 18 July 1, 10-183aa |
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2087 | 2087 | | Sec. 19 July 1, 2020 10-183ff |
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2088 | 2088 | | Sec. 20 July 1, 2020 10-183gg |
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2089 | 2089 | | Sec. 21 July 1, 2020 10-183jj(a) |
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2090 | 2090 | | Sec. 22 July 1, 2020 10-183pp |
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2091 | 2091 | | Sec. 23 July 1, 2020 10-183rr |
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2092 | 2092 | | Sec. 24 July 1, 2020 10-183ww(a) |
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2093 | 2093 | | Sec. 25 July 1, 2020 10-66dd(d) |
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2094 | 2094 | | Sec. 26 July 1, 2020 10a-55i(a) |
---|
2095 | 2095 | | |
---|
2096 | 2096 | | Statement of Purpose: |
---|
2097 | 2097 | | To revise and update the teachers' retirement system statutes to align |
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2098 | 2098 | | with current practices. |
---|
2099 | 2099 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
---|
2100 | 2100 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
---|
2101 | 2101 | | underlined.] |
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2102 | 2102 | | |
---|