Researcher: JS Page 1 4/7/21
OLR Bill Analysis
sSB 965
AN ACT CONCERNING ELIGIBILITY FOR A CERTAIN MUNICIPAL
DISABILITY BENEFIT.
SUMMARY
This bill modifies eligibility requirements, the disability payment
calculation, and payment procedures for an optional municipal
disability benefit for certain public safety officers.
By law, municipalities may vote to provide payments to eligible
public safety officers who are under age 65 and retire with permanent
disabilities due to injuries they incurred in the course of their
employment (see BACKGROUND). The se municipal disability
payments are in addition to any benefits the employees receive, such
as workers’ compensation benefits, and are paid until the employee
reaches age 65.
The bill additionally requires that an eligible employee:
1. be totally disabled for any suitable comparable public safety job,
and as a result retired from service as a public safety employee;
2. be determined eligible by the disability retirement medical
examining board (i.e., “examining board”); and
3. remain permanently and totally disabled, as determined by the
examining board.
It removes the requirement that the individual’s injury be a severe,
bodily injury and specifies the payments only continue while the
employee remains permanently and totally disabled.
EFFECTIVE DATE: July 1, 2021
DISABILITY PAYMENT AMOUNT 2021SB-00965-R000318-BA.DOCX
Researcher: JS Page 2 4/7/21
Under the current law, the municipal disability payment amount is
equal to the difference between the employee’s regular pay at the time
of retirement and any amount he or she receives in workers’
compensation and other benefits. Under the bill, the amount is the
difference between (1) the employee’s regular rate (which excludes,
among other things, certain bonuses, holiday and sick pay, travel
reimbursement, and employer pension contributions (CGS § 31-76b))
and (2) the annualized amount of any benefits he or she receives under
state or federal law. By specifying the benefits include those provided
under federal law, the bill may capture programs such as Social
Security Disability.
The bill additionally requires the employee to provide any financial
documentation to the municipal treasurer that the treasurer may need
to calculate the payment. Under the bill, the payments must be paid in
monthly, rather than annual, installments.
MEDICAL EXAMINING BO ARD FOR DISABILITY RETIREMENT
The bill requires an employee to apply for and receive an initial and
subsequent determination of eligibility from the examining board in
the same manner municipal employees seeking disability retirement
must. For employees of municipalities that participate in the
Connecticut Municipal Employees Retirement System (CMERS), the
determination required for the municipal disability payment may be
made together with the determination required by CMERS.
By law, employees must apply in writing to the board within one
year after incurring the disability. It must be shown to the satisfaction
of the board that the disability arose out of and in the course of the
individual’s municipal employment, as defined in state workers’
compensation law (CGS § 7-432(b) & (c)).
After 24 months, the board must confirm that the disability is
ongoing, based on medical evidence and other documentation it
requires to show the employee is totally disabled from serving in the
position in which he or she was employed with the municipality (CGS
§ 7-432(d)). 2021SB-00965-R000318-BA.DOCX
Researcher: JS Page 3 4/7/21
Under the bill, the board must report its eligibility determination to
the municipality’s chief executive officer, legislative body, and
treasurer. The bill does not specify how the report is made or how
soon it must be completed after the determination is made.
It removes the requirement that the municipality establish
procedures to evaluate an employee’s eligibility and instead requires
that the examining board make the determination, as described above.
BACKGROUND
Eligible Public Safety Officers
By law, public safety officers are uniformed members of a
municipality’s paid fire department or regular members of its paid
police department (PA 19-111).
Municipal Vote
Municipalities may provide payments to eligible disabled public
safety employees by a two-thirds vote of their legislative bodies or
board of selectmen if the legislative body is a town meeting (PA 19-
111).
COMMITTEE ACTION
Planning and Development Committee
Joint Favorable
Yea 26 Nay 0 (03/21/2021)