LCO No. 4104 1 of 3 General Assembly Raised Bill No. 965 January Session, 2021 LCO No. 4104 Referred to Committee on PLANNING AND DEVELOPMENT Introduced by: (PD) AN ACT CONCERNING EL IGIBILITY FOR A CERTAIN MUNICIPAL DISABILITY BENEFIT. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 7-460d of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective July 1, 2021): 2 (a) Notwithstanding any provision of the general statutes or of any 3 charter or special act, a municipality may, by two-thirds vote of its 4 legislative body or, in a municipality where the legislative body is a 5 town meeting, by two-thirds vote of the board of selectmen, provide for 6 [compensation] payment by such municipality, in accordance with 7 [subsection (b)] the provisions of this section, [by such municipality] of 8 a disability benefit to a retired public safety employee [(1) with a 9 permanent and severe disability caused by a serious bodily injury which 10 (A) arose out of and in the course of his or her employment as a public 11 safety employee, and (B) was suffered in the line of duty and within the 12 scope of his or her employment as a public safety employee, (2) who 13 retired from service as a public safety employee as a result of such 14 disability, and (3)] who (1) while a public safety employee, became 15 Raised Bill No. 965 LCO No. 4104 2 of 3 permanently disabled as a result of an injury received while in the 16 performance of his or her duty as a public safety employee, (2) became 17 and remains totally disabled for any suitable and comparable job as a 18 public safety employee as a result of such disability and has accordingly 19 retired from service as a public safety employee, (3) is under the age of 20 sixty-five, and (4) is determined to be eligible pursuant to subsection (b) 21 of this section. As used in this section, "public safety employee" means 22 a [retired] uniformed member of such municipality's paid fire 23 department or a [retired] regular member of such municipality's paid 24 police department. 25 (b) (1) A retired public safety employee seeking the disability benefit 26 described in this section shall apply for and receive an initial, and each 27 subsequent, determination of eligibility for such disability benefit in the 28 same manner as provided for determinations of eligibility under section 29 7-432 for disability retirement and for a disability retirement allowance. 30 (2) In the case of a municipality that has accepted the provisions of 31 part II of chapter 133, any eligibility determination for the disability 32 benefit described in this section may be made together with any 33 eligibility determination for disability retirement and for a disability 34 retirement allowance under section 7-432. 35 (3) Each determination of eligibility for the disability benefit 36 described in this section shall be reported to the chief executive officer, 37 legislative body and treasurer of the applicable municipality. 38 [(b)] (c) [The compensation paid to any public safety employee 39 described in subsection (a) of this section shall be in an amount equal to] 40 Upon a report under subdivision (3) of subsection (b) of this section that 41 a retired public safety employee is eligible to receive the disability 42 benefit described in this section, the treasurer of the applicable 43 municipality shall calculate the amount of such disability benefit as the 44 difference between (1) the total [payment] annualized amount of 45 benefits received by such retired public safety employee under [the 46 provisions of chapter 568 and any other benefits] state or federal law, 47 Raised Bill No. 965 LCO No. 4104 3 of 3 and (2) the regular rate, as defined in section 31-76b, of pay of such 48 retired public safety employee at the time of his or her retirement [. 49 Upon approval by the legislative body or board of selectmen, as 50 applicable, in accordance with subsection (a) of this section, such 51 compensation] as a result of permanent and total disability, provided 52 such retired public safety employee shall provide the treasurer with any 53 financial documentation the treasurer deems necessary to make such 54 calculation. 55 (d) The disability benefit described in this section shall be paid 56 annually, in monthly installments, to such retired public safety 57 employee and shall continue while such retired public safety employee 58 remains permanently and totally disabled, as described in subdivisions 59 (1) and (2) of subsection (a) of this section and as determined in 60 accordance with the provisions of subsection (b) of this section, until 61 such retired public safety employee attains the age of sixty-five. 62 [(c) A municipality providing for compensation in accordance with 63 this section shall establish procedures for the evaluation of any retired 64 public safety employee considered for such compensation to determine 65 such person's eligibility.] 66 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2021 7-460d Statement of Purpose: To require that certain retired public safety employees apply to an existing medical examining board for a determination of eligibility to receive a certain municipal disability benefit. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]