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4 | + | SB.docx | |
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3 | 6 | ||
4 | - | Senate Bill No. 1080 | |
7 | + | General Assembly Raised Bill No. 1080 | |
8 | + | January Session, 2021 | |
9 | + | LCO No. 5547 | |
5 | 10 | ||
6 | - | Public Act No. 21-186 | |
11 | + | ||
12 | + | Referred to Committee on APPROPRIATIONS | |
13 | + | ||
14 | + | ||
15 | + | Introduced by: | |
16 | + | (APP) | |
17 | + | ||
7 | 18 | ||
8 | 19 | ||
9 | 20 | AN ACT CONCERNING VA RIOUS REVISIONS TO THE TEACHERS' | |
10 | 21 | RETIREMENT SYSTEM. | |
11 | 22 | Be it enacted by the Senate and House of Representatives in General | |
12 | 23 | Assembly convened: | |
13 | 24 | ||
14 | - | Section 1. Section 10-183b of the general statutes is repealed and the | |
15 | - | following is substituted in lieu thereof (Effective July 1, 2021): | |
16 | - | As used in this chapter, unless the context otherwise requires: | |
17 | - | (1) "Actuarial reserve basis" means a basis under which the liabilities | |
18 | - | of the retirement system are determined under acceptable actuarial | |
19 | - | methods and under which assets are accumulated under a program | |
20 | - | designed to achieve a proper balance between the accumulated assets | |
21 | - | and the liabilities of the system. | |
22 | - | (2) "Amortization of unfunded liabilities" means: (A) For fiscal years | |
23 | - | ending on or before June 30, 2019, a systematic program of annual | |
24 | - | payments determined as a level per cent of expected member annual | |
25 | - | salaries in lieu of a lump sum payment; and (B) for fiscal years ending | |
26 | - | on or after June 30, 2020, a systematic program of annual payments, | |
27 | - | transitioning equally over five consecutive fiscal years from a level per | |
28 | - | cent of expected annual member salaries to a level payment, in lieu of a | |
29 | - | lump sum payment. Senate Bill No. 1080 | |
25 | + | Section 1. Section 10-183b of the general statutes is repealed and the 1 | |
26 | + | following is substituted in lieu thereof (Effective July 1, 2021): 2 | |
27 | + | As used in this chapter, unless the context otherwise requires: 3 | |
28 | + | (1) "Actuarial reserve basis" means a basis under which the liabilities 4 | |
29 | + | of the retirement system are determined under acceptable actuarial 5 | |
30 | + | methods and under which assets are accumulated under a program 6 | |
31 | + | designed to achieve a proper balance between the accumulated assets 7 | |
32 | + | and the liabilities of the system. 8 | |
33 | + | (2) "Amortization of unfunded liabilities" means: (A) For fiscal years 9 | |
34 | + | ending on or before June 30, 2019, a systematic program of annual 10 | |
35 | + | payments determined as a level per cent of expected member annual 11 | |
36 | + | salaries in lieu of a lump sum payment; and (B) for fiscal years ending 12 | |
37 | + | on or after June 30, 2020, a systematic program of annual payments, 13 Raised Bill No. 1080 | |
30 | 38 | ||
31 | - | Public Act No. 21-186 2 of 23 | |
32 | 39 | ||
33 | - | (3) "Annual salary" means the annual salary rate for service as a | |
34 | - | Connecticut teacher during a school year but not including unused sick | |
35 | - | leave, unused vacation, terminal pay, coaching or extra duty | |
36 | - | assignments, unless compensation for coaching or extra duty | |
37 | - | assignment was included in salary for which contributions were made | |
38 | - | prior to July 1, 1971. In no event shall annual salary include amounts | |
39 | - | determined by the board to be included for the purpose of inflating the | |
40 | - | member's average annual salary. The inclusion in annual salary of | |
41 | - | amounts paid to the member, in lieu of payment by the employer for the | |
42 | - | cost of benefits, insurance, or individual retirement arrangements which | |
43 | - | in prior years had been paid by the employer and not included in the | |
44 | - | member's annual salary, shall be prima facie evidence that such | |
45 | - | amounts are included for the purpose of inflating the member's average | |
46 | - | annual salary. Annual salary shall not (A) include payments the timing | |
47 | - | of which may be directed by the member, (B) include payments to a | |
48 | - | superintendent pursuant to an individual contract between such | |
49 | - | superintendent and a board of education, of amounts which are not | |
50 | - | included in base salary, or (C) exceed the maximum amount allowed | |
51 | - | under Section 401(a)(17) of the Internal Revenue Code for the applicable | |
52 | - | limitation year, provided in no event shall the limitation under Section | |
53 | - | 401(a)(17) of the Internal Revenue Code apply to the annual salary of a | |
54 | - | member whose membership began prior to January 1, 1996, if such | |
55 | - | limitation would reduce the amount of the member's annual salary | |
56 | - | below the amount permitted for calculation of the member's retirement | |
57 | - | benefit under chapter 167a, without regard to the limitation under | |
58 | - | Section 401(a)(17) of the Internal Revenue Code. Annual salary shall | |
59 | - | include amounts paid to the member during a sabbatical leave during | |
60 | - | which mandatory contributions were remitted, provided such member | |
61 | - | returned to full-time teaching for at least five full years following the | |
62 | - | completion of such leave. | |
63 | - | (4) "Average annual salary" means the average annual salary received | |
64 | - | during the three years of highest salary. Senate Bill No. 1080 | |
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65 | 43 | ||
66 | - | Public Act No. 21-186 3 of 23 | |
44 | + | transitioning equally over five consecutive fiscal years from a level per 14 | |
45 | + | cent of expected annual member salaries to a level payment, in lieu of a 15 | |
46 | + | lump sum payment. 16 | |
47 | + | (3) "Annual salary" means the annual salary rate for service as a 17 | |
48 | + | Connecticut teacher during a school year but not including unused sick 18 | |
49 | + | leave, unused vacation, terminal pay, coaching or extra duty 19 | |
50 | + | assignments, unless compensation for coaching or extra duty 20 | |
51 | + | assignment was included in salary for which contributions were made 21 | |
52 | + | prior to July 1, 1971. In no event shall annual salary include amounts 22 | |
53 | + | determined by the board to be included for the purpose of inflating the 23 | |
54 | + | member's average annual salary. The inclusion in annual salary of 24 | |
55 | + | amounts paid to the member, in lieu of payment by the employer for the 25 | |
56 | + | cost of benefits, insurance, or individual retirement arrangements which 26 | |
57 | + | in prior years had been paid by the employer and not included in the 27 | |
58 | + | member's annual salary, shall be prima facie evidence that such 28 | |
59 | + | amounts are included for the purpose of inflating the member's average 29 | |
60 | + | annual salary. Annual salary shall not (A) include payments the timing 30 | |
61 | + | of which may be directed by the member, (B) include payments to a 31 | |
62 | + | superintendent pursuant to an individual contract between such 32 | |
63 | + | superintendent and a board of education, of amounts which are not 33 | |
64 | + | included in base salary, or (C) exceed the maximum amount allowed 34 | |
65 | + | under Section 401(a)(17) of the Internal Revenue Code for the applicable 35 | |
66 | + | limitation year, provided in no event shall the limitation under Section 36 | |
67 | + | 401(a)(17) of the Internal Revenue Code apply to the annual salary of a 37 | |
68 | + | member whose membership began prior to January 1, 1996, if such 38 | |
69 | + | limitation would reduce the amount of the member's annual salary 39 | |
70 | + | below the amount permitted for calculation of the member's retirement 40 | |
71 | + | benefit under chapter 167a, without regard to the limitation under 41 | |
72 | + | Section 401(a)(17) of the Internal Revenue Code. Annual salary shall 42 | |
73 | + | include amounts paid to the member during a sabbatical leave during 43 | |
74 | + | which mandatory contributions were remitted, provided such member 44 | |
75 | + | returned to full-time teaching for at least five full years following the 45 | |
76 | + | completion of such leave. 46 Raised Bill No. 1080 | |
67 | 77 | ||
68 | - | (5) "Board" means the Teachers' Retirement Board. | |
69 | - | (6) "Child" means a natural child, an adopted child, or a stepchild of | |
70 | - | a deceased member who has been a stepchild for at least one year | |
71 | - | immediately prior to the date on which the member died. A child is a | |
72 | - | "dependent child" of a deceased member if at the time of the member's | |
73 | - | death (A) the member was living with the child or providing or | |
74 | - | obligated to provide, by agreement or court order, a reasonable portion | |
75 | - | of the support of the child, and (B) the child (i) is unmarried and has not | |
76 | - | attained age eighteen, or (ii) is disabled and such disability began prior | |
77 | - | to the child's attaining age eighteen. | |
78 | - | (7) "Contributions" means amounts withheld pursuant to this chapter | |
79 | - | and paid to the board by an employer from compensation payable to a | |
80 | - | member. Prior to July 1, 1989, "mandatory contributions" are | |
81 | - | contributions required to be withheld under this chapter and consist of | |
82 | - | five per cent regular contributions and "one per cent contributions". | |
83 | - | From July 1, 1989, to June 30, 1992, "mandatory contributions" are | |
84 | - | contributions required to be withheld under this chapter and consist of | |
85 | - | five per cent regular contributions and one per cent health | |
86 | - | contributions. From July 1, 1992, to June 30, 2004, "mandatory | |
87 | - | contributions" are contributions required to be withheld under this | |
88 | - | chapter and consist of six per cent "regular contributions" and one per | |
89 | - | cent health contributions. From July 1, 2004, to December 31, 2017, | |
90 | - | "mandatory contributions" are contributions required to be withheld | |
91 | - | under this chapter and consist of six per cent regular contributions and | |
92 | - | one and one-fourth per cent health contributions. From January 1, 2018, | |
93 | - | to December 31, 2019, inclusive, "mandatory contributions" are | |
94 | - | contributions required to be withheld under this chapter and consist of | |
95 | - | seven per cent "regular contributions" and one and one-fourth per cent | |
96 | - | health contributions. On and after January 1, 2020, "mandatory | |
97 | - | contributions" are contributions required to be withheld under this | |
98 | - | chapter and consist of seven per cent "regular contributions" and one Senate Bill No. 1080 | |
99 | 78 | ||
100 | - | Public Act No. 21-186 4 of 23 | |
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101 | 82 | ||
102 | - | and one-fourth per cent health contributions, except that no health | |
103 | - | contributions shall be required for an employee of the state that (A) has | |
104 | - | completed the vesting service necessary to receive health benefits | |
105 | - | provided to retired state employees, and (B) does not participate in any | |
106 | - | group health insurance plans maintained for retired teachers. Nothing | |
107 | - | in this subdivision shall affect any other obligation of such a state | |
108 | - | employee to contribute to the state's retiree health care trust fund. | |
109 | - | "Voluntary contributions" are contributions by a member authorized to | |
110 | - | be withheld under section 10-183i, as amended by this act. | |
111 | - | (8) "Credited interest" means interest at the rate from time to time | |
112 | - | fixed by the board consistent with industry standards and practices. | |
113 | - | Such interest shall be applied to a member's account based on the | |
114 | - | balance as of the previous June thirtieth. Credited interest shall be | |
115 | - | assessed on any mandatory contributions which were due but not | |
116 | - | remitted prior to the close of the school year for which salary was paid. | |
117 | - | (9) "Current service" means service rendered in the current fiscal year. | |
118 | - | (10) "Dependent former spouse" means a former spouse of a deceased | |
119 | - | member who (A) has in his or her care a dependent child of the deceased | |
120 | - | member; and (B) was receiving, or was entitled to receive, from the | |
121 | - | deceased member at the time of the death of the deceased member, at | |
122 | - | least one-half of his or her support; and (C) has not remarried; and (D) | |
123 | - | is the parent of the child or adopted the child while married to the | |
124 | - | member and before the child attained age eighteen or, while married to | |
125 | - | the member, both of them adopted the child before the child attained | |
126 | - | age eighteen. | |
127 | - | (11) "Dependent parent" means a parent of a deceased member who | |
128 | - | (A) has reached the age of sixty-five; and (B) has not married after the | |
129 | - | death of the member; and (C) was receiving at least one-half of his or | |
130 | - | her support from the member at the time of the member's death and files | |
131 | - | proof of such support within two years of the date of the member's Senate Bill No. 1080 | |
83 | + | (4) "Average annual salary" means the average annual salary received 47 | |
84 | + | during the three years of highest salary. 48 | |
85 | + | (5) "Board" means the Teachers' Retirement Board. 49 | |
86 | + | (6) "Child" means a natural child, an adopted child, or a stepchild of 50 | |
87 | + | a deceased member who has been a stepchild for at least one year 51 | |
88 | + | immediately prior to the date on which the member died. A child is a 52 | |
89 | + | "dependent child" of a deceased member if at the time of the member's 53 | |
90 | + | death (A) the member was living with the child or providing or 54 | |
91 | + | obligated to provide, by agreement or court order, a reasonable portion 55 | |
92 | + | of the support of the child, and (B) the child (i) is unmarried and has not 56 | |
93 | + | attained age eighteen, or (ii) is disabled and such disability began prior 57 | |
94 | + | to the child's attaining age eighteen. 58 | |
95 | + | (7) "Contributions" means amounts withheld pursuant to this chapter 59 | |
96 | + | and paid to the board by an employer from compensation payable to a 60 | |
97 | + | member. Prior to July 1, 1989, "mandatory contributions" are 61 | |
98 | + | contributions required to be withheld under this chapter and consist of 62 | |
99 | + | five per cent regular contributions and "one per cent contributions". 63 | |
100 | + | From July 1, 1989, to June 30, 1992, "mandatory contributions" are 64 | |
101 | + | contributions required to be withheld under this chapter and consist of 65 | |
102 | + | five per cent regular contributions and one per cent health 66 | |
103 | + | contributions. From July 1, 1992, to June 30, 2004, "mandatory 67 | |
104 | + | contributions" are contributions required to be withheld under this 68 | |
105 | + | chapter and consist of six per cent "regular contributions" and one per 69 | |
106 | + | cent health contributions. From July 1, 2004, to December 31, 2017, 70 | |
107 | + | "mandatory contributions" are contributions required to be withheld 71 | |
108 | + | under this chapter and consist of six per cent regular contributions and 72 | |
109 | + | one and one-fourth per cent health contributions. From January 1, 2018, 73 | |
110 | + | to December 31, 2019, inclusive, "mandatory contributions" are 74 | |
111 | + | contributions required to be withheld under this chapter and consist of 75 | |
112 | + | seven per cent "regular contributions" and one and one-fourth per cent 76 | |
113 | + | health contributions. On and after January 1, 2020, "mandatory 77 | |
114 | + | contributions" are contributions required to be withheld under this 78 | |
115 | + | chapter and consist of seven per cent "regular contributions" and one 79 Raised Bill No. 1080 | |
132 | 116 | ||
133 | - | Public Act No. 21-186 5 of 23 | |
134 | 117 | ||
135 | - | death; and (D) is not receiving, or entitled to a federal or state old age | |
136 | - | benefit based on the parent's own earnings, equal to or greater than the | |
137 | - | amount the parent would be entitled to as a dependent parent under | |
138 | - | this chapter. A "parent of a deceased member" is (i) the mother or father | |
139 | - | of a deceased member; or (ii) a stepparent of a deceased member by a | |
140 | - | marriage entered into before the member attained age sixteen; or (iii) an | |
141 | - | adopting parent of a deceased member who adopted the deceased | |
142 | - | member before the member attained age sixteen. | |
143 | - | (12) "Designated beneficiary" means a person designated on a form | |
144 | - | prescribed by the board by a member to receive amounts which become | |
145 | - | payable under this chapter as the result of the member's death whether | |
146 | - | before or after retirement. If a designated beneficiary is not living at the | |
147 | - | time of the death of a member, the amounts that would have been | |
148 | - | payable to the designated beneficiary shall be paid to the member's | |
149 | - | estate. | |
150 | - | (13) "Disabled" means the inability to perform any teaching service, | |
151 | - | whether or not such service is performed full-time or part-time, in a | |
152 | - | public or nonpublic school or a nonschool setting, on a volunteer basis | |
153 | - | or for compensation, within or without the state, or engage in any | |
154 | - | substantial gainful activity by reason of any medically determinable | |
155 | - | physical or mental impairment [which] that (A) is permanent or can be | |
156 | - | expected to last continually for not less than twelve months from the | |
157 | - | onset of such impairment, or (B) can be expected to result in death or to | |
158 | - | be of long-continued and indefinite duration, except that during the first | |
159 | - | twenty-four months that a member is receiving a disability allowance, | |
160 | - | "disabled" means the inability to perform the usual duties of his | |
161 | - | occupation by reason of any such impairment. | |
162 | - | (14) "Employer" means an elected school committee, a board of | |
163 | - | education, the State Board of Education, the Office of Early Childhood, | |
164 | - | the Board of Regents for Higher Education or any of the constituent | |
165 | - | units, the governing body of the Children's Center and its successors, Senate Bill No. 1080 | |
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166 | 121 | ||
167 | - | Public Act No. 21-186 6 of 23 | |
122 | + | and one-fourth per cent health contributions, except that no health 80 | |
123 | + | contributions shall be required for an employee of the state that (A) has 81 | |
124 | + | completed the vesting service necessary to receive health benefits 82 | |
125 | + | provided to retired state employees, and (B) does not participate in any 83 | |
126 | + | group health insurance plans maintained for retired teachers. Nothing 84 | |
127 | + | in this subdivision shall affect any other obligation of such a state 85 | |
128 | + | employee to contribute to the state's retiree health care trust fund. 86 | |
129 | + | "Voluntary contributions" are contributions by a member authorized to 87 | |
130 | + | be withheld under section 10-183i, as amended by this act. 88 | |
131 | + | (8) "Credited interest" means interest at the rate from time to time 89 | |
132 | + | fixed by the board consistent with industry standards and practices. 90 | |
133 | + | Such interest shall be applied to a member's account based on the 91 | |
134 | + | balance as of the previous June thirtieth. Credited interest shall be 92 | |
135 | + | assessed on any mandatory contributions which were due but not 93 | |
136 | + | remitted prior to the close of the school year for which salary was paid. 94 | |
137 | + | (9) "Current service" means service rendered in the current fiscal year. 95 | |
138 | + | (10) "Dependent former spouse" means a former spouse of a deceased 96 | |
139 | + | member who (A) has in his or her care a dependent child of the deceased 97 | |
140 | + | member; and (B) was receiving, or was entitled to receive, from the 98 | |
141 | + | deceased member at the time of the death of the deceased member, at 99 | |
142 | + | least one-half of his or her support; and (C) has not remarried; and (D) 100 | |
143 | + | is the parent of the child or adopted the child while married to the 101 | |
144 | + | member and before the child attained age eighteen or, while married to 102 | |
145 | + | the member, both of them adopted the child before the child attained 103 | |
146 | + | age eighteen. 104 | |
147 | + | (11) "Dependent parent" means a parent of a deceased member who 105 | |
148 | + | (A) has reached the age of sixty-five; and (B) has not married after the 106 | |
149 | + | death of the member; and (C) was receiving at least one-half of his or 107 | |
150 | + | her support from the member at the time of the member's death and files 108 | |
151 | + | proof of such support within two years of the date of the member's 109 | |
152 | + | death; and (D) is not receiving, or entitled to a federal or state old age 110 | |
153 | + | benefit based on the parent's own earnings, equal to or greater than the 111 Raised Bill No. 1080 | |
168 | 154 | ||
169 | - | the E. O. Smith School and any other activity, institution or school | |
170 | - | employing members. | |
171 | - | (15) "Formal leave of absence" means any absence from active service | |
172 | - | in the public schools of Connecticut formally granted by a member's | |
173 | - | employer as evidenced by contemporary records of the employer, | |
174 | - | provided in the case of an absence due to illness, medical or other | |
175 | - | evidence of such illness may, at the discretion of the Teachers' | |
176 | - | Retirement Board, be accepted in lieu of evidence of the formal granting | |
177 | - | of a leave. | |
178 | - | (16) "Formal application of retirement" means (A) the member's | |
179 | - | application, birth certificate or notarized statement supported by other | |
180 | - | evidence satisfactory to the board, in lieu thereof, (B) records of service, | |
181 | - | [when] if such records are required by the board to determine a salary | |
182 | - | rate or years of creditable service, (C) a statement of payment plan, | |
183 | - | [and,] including, if applicable, the fixed period of time selected by a | |
184 | - | member under Plan C or the coparticipant's share designated under | |
185 | - | Plan D, (D) in the case of an application for a disability benefit, a | |
186 | - | physician's or an advanced practice registered nurse's statement of | |
187 | - | health, and (E) any other documentation required by the board. | |
188 | - | (17) "Funding" means the accumulation of assets in advance of the | |
189 | - | payment of retirement allowances in accordance with a definite | |
190 | - | actuarial program. | |
191 | - | (18) "Member" means any Connecticut teacher employed for an | |
192 | - | average of at least one-half of each school day, except that no teacher | |
193 | - | who under any provision of the general statutes elects not to participate | |
194 | - | in the system shall be a member unless and until the teacher elects to | |
195 | - | participate in the system. Members teaching in a nonpublic school | |
196 | - | classified as a public school by the board under the provisions of this | |
197 | - | section may continue as members as long as they continue as teachers | |
198 | - | in such school even if the school ceases to be so classified. A former Senate Bill No. 1080 | |
199 | 155 | ||
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201 | 159 | ||
202 | - | teacher who has not withdrawn his or her accumulated contributions | |
203 | - | shall be an "inactive member". A member who, during the period of a | |
204 | - | formal leave of absence granted by his or her employer, but not | |
205 | - | exceeding an aggregate of ten school months, continues to make | |
206 | - | mandatory contributions to the board, retains his or her status as an | |
207 | - | active member. | |
208 | - | (19) "Normal cost" means the amount of contribution which the state | |
209 | - | is required to make into the retirement fund in order to meet the | |
210 | - | actuarial cost of current service. | |
211 | - | (20) "Public school" means any day school conducted within or | |
212 | - | without this state under the orders and superintendence of a duly | |
213 | - | elected school committee, a board of education, the State Board of | |
214 | - | Education, the Office of Early Childhood, the board of governors or any | |
215 | - | of its constituent units, the E. O. Smith School, the Children's Center and | |
216 | - | its successors, the State Education Resource Center established pursuant | |
217 | - | to section 10-4q of the 2014 supplement to the general statutes, revision | |
218 | - | of 1958, revised to January 1, 2013, the State Education Resource Center | |
219 | - | established pursuant to section 10-357a, joint activities of boards of | |
220 | - | education authorized by subsection (b) of section 10-158a and any | |
221 | - | institution supported by the state at which teachers are employed or any | |
222 | - | incorporated secondary school not under the orders and | |
223 | - | superintendence of a duly elected school committee or board of | |
224 | - | education but located in a town not maintaining a high school and | |
225 | - | providing free tuition to pupils of the town in which it is located, and | |
226 | - | which has been approved by the State Board of Education under the | |
227 | - | provisions of part II of chapter 164, provided that such institution or | |
228 | - | such secondary school is classified as a public school by the retirement | |
229 | - | board. | |
230 | - | (21) "Retirement allowance" means payments for life derived from | |
231 | - | member contributions, including credited interest, and contributions | |
232 | - | from the state. Senate Bill No. 1080 | |
160 | + | amount the parent would be entitled to as a dependent parent under 112 | |
161 | + | this chapter. A "parent of a deceased member" is (i) the mother or father 113 | |
162 | + | of a deceased member; or (ii) a stepparent of a deceased member by a 114 | |
163 | + | marriage entered into before the member attained age sixteen; or (iii) an 115 | |
164 | + | adopting parent of a deceased member who adopted the deceased 116 | |
165 | + | member before the member attained age sixteen. 117 | |
166 | + | (12) "Designated beneficiary" means a person designated on a form 118 | |
167 | + | prescribed by the board by a member to receive amounts which become 119 | |
168 | + | payable under this chapter as the result of the member's death whether 120 | |
169 | + | before or after retirement. If a designated beneficiary is not living at the 121 | |
170 | + | time of the death of a member, the amounts that would have been 122 | |
171 | + | payable to the designated beneficiary shall be paid to the member's 123 | |
172 | + | estate. 124 | |
173 | + | (13) "Disabled" means the inability to perform any teaching service, 125 | |
174 | + | whether or not such service is performed full-time or part-time, in a 126 | |
175 | + | public or nonpublic school or a nonschool setting, on a volunteer basis 127 | |
176 | + | or for compensation, within or without the state, or engage in any 128 | |
177 | + | substantial gainful activity by reason of any medically determinable 129 | |
178 | + | physical or mental impairment [which] that (A) is permanent or can be 130 | |
179 | + | expected to last continually for not less than twelve months from the 131 | |
180 | + | onset of such impairment, or (B) can be expected to result in death or to 132 | |
181 | + | be of long-continued and indefinite duration, except that during the first 133 | |
182 | + | twenty-four months that a member is receiving a disability allowance, 134 | |
183 | + | "disabled" means the inability to perform the usual duties of his 135 | |
184 | + | occupation by reason of any such impairment. 136 | |
185 | + | (14) "Employer" means an elected school committee, a board of 137 | |
186 | + | education, the State Board of Education, the Office of Early Childhood, 138 | |
187 | + | the Board of Regents for Higher Education or any of the constituent 139 | |
188 | + | units, the governing body of the Children's Center and its successors, 140 | |
189 | + | the E. O. Smith School and any other activity, institution or school 141 | |
190 | + | employing members. 142 | |
191 | + | (15) "Formal leave of absence" means any absence from active service 143 Raised Bill No. 1080 | |
233 | 192 | ||
234 | - | Public Act No. 21-186 8 of 23 | |
235 | 193 | ||
236 | - | (22) "School year" means the twelve months ending on June thirtieth | |
237 | - | of each year. | |
238 | - | (23) "Surviving spouse" means a widow or widower of a deceased | |
239 | - | member who (A) was living with the member at the time of the | |
240 | - | member's death, or receiving, or entitled by court order or agreement to | |
241 | - | receive, regular support payments from the member, and (B) has not | |
242 | - | remarried. | |
243 | - | (24) "Survivors" means a surviving spouse, a dependent former | |
244 | - | spouse, a dependent child and a dependent parent. | |
245 | - | (25) "System" means the Connecticut teachers' retirement system. | |
246 | - | (26) "Teacher" means (A) any teacher, permanent substitute teacher, | |
247 | - | principal, assistant principal, supervisor, assistant superintendent or | |
248 | - | superintendent employed by the public schools in a professional | |
249 | - | capacity while possessing a certificate or permit issued by the State | |
250 | - | Board of Education, provided on and after July 1, 1975, such certificate | |
251 | - | shall be for the position in which the person is then employed, except as | |
252 | - | provided for in section 10-183qq, (B) certified personnel who provide | |
253 | - | health and welfare services for children in nonprofit schools, as | |
254 | - | provided in section 10-217a, under an oral or written agreement, (C) any | |
255 | - | person who is engaged in teaching or supervising schools for adults if | |
256 | - | the annual salary paid for such service is equal to or greater than the | |
257 | - | minimum salary paid for a regular, full-time teaching position in the | |
258 | - | day schools in the town where such service is rendered, (D) a member | |
259 | - | of the professional staff of the State Board of Education, the Office of | |
260 | - | Early Childhood, or of the Board of Regents for Higher Education or any | |
261 | - | of the constituent units, and (E) a member of the staff of the State | |
262 | - | Education Resource Center established pursuant to section 10-4q of the | |
263 | - | 2014 supplement to the general statutes, revision of 1958, revised to | |
264 | - | January 1, 2013, or the State Education Resource Center established | |
265 | - | pursuant to section 10-357a, employed in a professional capacity while Senate Bill No. 1080 | |
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266 | 197 | ||
267 | - | Public Act No. 21-186 9 of 23 | |
198 | + | in the public schools of Connecticut formally granted by a member's 144 | |
199 | + | employer as evidenced by contemporary records of the employer, 145 | |
200 | + | provided in the case of an absence due to illness, medical or other 146 | |
201 | + | evidence of such illness may, at the discretion of the Teachers' 147 | |
202 | + | Retirement Board, be accepted in lieu of evidence of the formal granting 148 | |
203 | + | of a leave. 149 | |
204 | + | (16) "Formal application of retirement" means (A) the member's 150 | |
205 | + | application, birth certificate or notarized statement supported by other 151 | |
206 | + | evidence satisfactory to the board, in lieu thereof, (B) records of service, 152 | |
207 | + | [when] if such records are required by the board to determine a salary 153 | |
208 | + | rate or years of creditable service, (C) a statement of payment plan, 154 | |
209 | + | [and,] including, if applicable, the fixed period of time selected by a 155 | |
210 | + | member under Plan C or the coparticipant's share designated under 156 | |
211 | + | Plan D, (D) in the case of an application for a disability benefit, a 157 | |
212 | + | physician's or an advanced practice registered nurse's statement of 158 | |
213 | + | health, and (E) any other documentation required by the board. 159 | |
214 | + | (17) "Funding" means the accumulation of assets in advance of the 160 | |
215 | + | payment of retirement allowances in accordance with a definite 161 | |
216 | + | actuarial program. 162 | |
217 | + | (18) "Member" means any Connecticut teacher employed for an 163 | |
218 | + | average of at least one-half of each school day, except that no teacher 164 | |
219 | + | who under any provision of the general statutes elects not to participate 165 | |
220 | + | in the system shall be a member unless and until the teacher elects to 166 | |
221 | + | participate in the system. Members teaching in a nonpublic school 167 | |
222 | + | classified as a public school by the board under the provisions of this 168 | |
223 | + | section may continue as members as long as they continue as teachers 169 | |
224 | + | in such school even if the school ceases to be so classified. A former 170 | |
225 | + | teacher who has not withdrawn his or her accumulated contributions 171 | |
226 | + | shall be an "inactive member". A member who, during the period of a 172 | |
227 | + | formal leave of absence granted by his or her employer, but not 173 | |
228 | + | exceeding an aggregate of ten school months, continues to make 174 | |
229 | + | mandatory contributions to the board, retains his or her status as an 175 | |
230 | + | active member. 176 Raised Bill No. 1080 | |
268 | 231 | ||
269 | - | possessing a certificate or permit issued by the State Board of Education. | |
270 | - | A "permanent substitute teacher" is one who serves as such for at least | |
271 | - | ten months during any school year. | |
272 | - | (27) "Unfunded liability" means the actuarially determined value of | |
273 | - | the liability for service before the date of the actuarial valuation less the | |
274 | - | accumulated assets in the retirement fund. | |
275 | - | (28) "Internal Revenue Code" means the Internal Revenue Code of | |
276 | - | 1986, or any subsequent corresponding internal revenue code of the | |
277 | - | United States, as from time to time amended, and any regulations | |
278 | - | promulgated under or interpretations of said code that may affect this | |
279 | - | chapter. | |
280 | - | (29) "Limitation year" means the twelve-month period beginning | |
281 | - | each July first and ending each June thirtieth. | |
282 | - | Sec. 2. Section 10-183f of the general statutes is repealed and the | |
283 | - | following is substituted in lieu thereof (Effective July 1, 2021): | |
284 | - | (a) A member is eligible to receive a normal retirement benefit [who] | |
285 | - | if such member (1) has attained age sixty and has accumulated twenty | |
286 | - | years of credited service in the public schools of Connecticut, or (2) has | |
287 | - | attained any age and has accumulated thirty-five years of credited | |
288 | - | service, at least twenty-five years of which are service in the public | |
289 | - | schools of Connecticut. | |
290 | - | (b) A member is eligible to receive a proratable retirement benefit | |
291 | - | [who] if such member has attained age sixty prior to termination of | |
292 | - | service and has accumulated at least ten years of credited service in the | |
293 | - | public schools of Connecticut. | |
294 | - | (c) A member is eligible to receive an early retirement benefit [who] | |
295 | - | if such member has accumulated twenty-five years of credited service | |
296 | - | at least twenty years of which are service in the public schools of Senate Bill No. 1080 | |
297 | 232 | ||
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299 | 236 | ||
300 | - | Connecticut, or [who] if such member has attained the age of fifty-five | |
301 | - | and has accumulated at least twenty years of credited service, at least | |
302 | - | fifteen of which are service in the public schools of Connecticut. | |
303 | - | (d) A member is eligible to receive a deferred vested retirement | |
304 | - | benefit beginning at age sixty [who] if such member: (1) Has | |
305 | - | accumulated ten years of credited service in the public schools of | |
306 | - | Connecticut; and (2) terminates service before becoming eligible for any | |
307 | - | other retirement benefit; and (3) leaves his or her accumulated | |
308 | - | contributions with the system. | |
309 | - | (e) Repealed by P.A. 79-541, S. 5, 6. | |
310 | - | (f) The survivors of a member who dies (1) while in service in the | |
311 | - | public schools of Connecticut, (2) within two months after withdrawal | |
312 | - | from such service and prior to the effective date of such member's | |
313 | - | retirement or (3) while receiving a disability benefit under section 10- | |
314 | - | 183aa, as amended by this act, shall receive survivors' benefits. [, except | |
315 | - | that, if a member who has elected a coparticipant option, under section | |
316 | - | 10-183j, dies after such option becomes effective, such coparticipant | |
317 | - | option shall be given effect and no survivors' benefits shall be payable.] | |
318 | - | Before any survivors' benefits are paid, the board shall receive such | |
319 | - | applications and other documents and information as it deems | |
320 | - | necessary. | |
321 | - | (g) Notwithstanding any provision of this chapter, pursuant to | |
322 | - | Section 401(a)(9) of the Internal Revenue Code, a member shall begin | |
323 | - | receiving benefits under this chapter no later than April first of the | |
324 | - | calendar year following the calendar year in which (1) the member | |
325 | - | attains age seventy and one-half, or seventy-two for members who | |
326 | - | attain such age on or after January 1, 2020, or (2) if the member retires | |
327 | - | after age seventy and one-half, [the] or seventy-two for members who | |
328 | - | attain such age on or after January 1, 2020, in the calendar year in which | |
329 | - | such member retires. Senate Bill No. 1080 | |
237 | + | (19) "Normal cost" means the amount of contribution which the state 177 | |
238 | + | is required to make into the retirement fund in order to meet the 178 | |
239 | + | actuarial cost of current service. 179 | |
240 | + | (20) "Public school" means any day school conducted within or 180 | |
241 | + | without this state under the orders and superintendence of a duly 181 | |
242 | + | elected school committee, a board of education, the State Board of 182 | |
243 | + | Education, the Office of Early Childhood, the board of governors or any 183 | |
244 | + | of its constituent units, the E. O. Smith School, the Children's Center and 184 | |
245 | + | its successors, the State Education Resource Center established pursuant 185 | |
246 | + | to section 10-4q of the 2014 supplement to the general statutes, revision 186 | |
247 | + | of 1958, revised to January 1, 2013, the State Education Resource Center 187 | |
248 | + | established pursuant to section 10-357a, joint activities of boards of 188 | |
249 | + | education authorized by subsection (b) of section 10-158a and any 189 | |
250 | + | institution supported by the state at which teachers are employed or any 190 | |
251 | + | incorporated secondary school not under the orders and 191 | |
252 | + | superintendence of a duly elected school committee or board of 192 | |
253 | + | education but located in a town not maintaining a high school and 193 | |
254 | + | providing free tuition to pupils of the town in which it is located, and 194 | |
255 | + | which has been approved by the State Board of Education under the 195 | |
256 | + | provisions of part II of chapter 164, provided that such institution or 196 | |
257 | + | such secondary school is classified as a public school by the retirement 197 | |
258 | + | board. 198 | |
259 | + | (21) "Retirement allowance" means payments for life derived from 199 | |
260 | + | member contributions, including credited interest, and contributions 200 | |
261 | + | from the state. 201 | |
262 | + | (22) "School year" means the twelve months ending on June thirtieth 202 | |
263 | + | of each year. 203 | |
264 | + | (23) "Surviving spouse" means a widow or widower of a deceased 204 | |
265 | + | member who (A) was living with the member at the time of the 205 | |
266 | + | member's death, or receiving, or entitled by court order or agreement to 206 | |
267 | + | receive, regular support payments from the member, and (B) has not 207 | |
268 | + | remarried. 208 Raised Bill No. 1080 | |
330 | 269 | ||
331 | - | Public Act No. 21-186 11 of 23 | |
332 | 270 | ||
333 | - | Sec. 3. Subsection (a) of section 10-183i of the general statutes is | |
334 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
335 | - | 2021): | |
336 | - | (a) A member may make voluntary contributions to the system and | |
337 | - | may, no more than once, withdraw such voluntary contributions from | |
338 | - | the system under rules of the board. Any voluntary contribution shall | |
339 | - | be made solely by payroll deduction of an amount subject to state, | |
340 | - | federal or local tax in the tax or income year in which such voluntary | |
341 | - | contribution is made. Voluntary contributions shall be subject to the | |
342 | - | limitations imposed under Section 415(c) of the Internal Revenue Code | |
343 | - | for the applicable limitation year. Such contributions shall earn credited | |
344 | - | interest. Upon retirement such member shall elect to receive the | |
345 | - | accumulated contributions plus credited interest either in a lump sum | |
346 | - | or in the form of an actuarially equivalent annuity for life. Such lump | |
347 | - | sum, [or] if elected, shall be paid not later than three months after the | |
348 | - | effective date of retirement, except the board may delay payment of | |
349 | - | such lump sum in the case of extenuating circumstances. If such delay | |
350 | - | occurs, the board shall submit a written notice to the member explaining | |
351 | - | the nature of the extenuating circumstances and an estimate as to when | |
352 | - | such lump sum shall be paid. Payment of such annuity, if elected, shall | |
353 | - | [be paid or commenced to be paid] commence when the first payment | |
354 | - | of such member's other retirement benefit is made. If such member dies | |
355 | - | before the effective date of his or her retirement, the accumulated | |
356 | - | contributions plus credited interest shall be paid to such member's | |
357 | - | designated beneficiary. | |
358 | - | Sec. 4. Section 10-183l of the general statutes is repealed and the | |
359 | - | following is substituted in lieu thereof (Effective July 1, 2021): | |
360 | - | (a) (1) On and after July 1, 1991, the management of the system shall | |
361 | - | continue to be vested in the Teachers' Retirement Board, whose | |
362 | - | members shall include the Treasurer, the Secretary of the Office of Policy | |
363 | - | and Management and the Commissioner of Education, or their Senate Bill No. 1080 | |
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275 | + | (24) "Survivors" means a surviving spouse, a dependent former 209 | |
276 | + | spouse, a dependent child and a dependent parent. 210 | |
277 | + | (25) "System" means the Connecticut teachers' retirement system. 211 | |
278 | + | (26) "Teacher" means (A) any teacher, permanent substitute teacher, 212 | |
279 | + | principal, assistant principal, supervisor, assistant superintendent or 213 | |
280 | + | superintendent employed by the public schools in a professional 214 | |
281 | + | capacity while possessing a certificate or permit issued by the State 215 | |
282 | + | Board of Education, provided on and after July 1, 1975, such certificate 216 | |
283 | + | shall be for the position in which the person is then employed, except as 217 | |
284 | + | provided for in section 10-183qq, (B) certified personnel who provide 218 | |
285 | + | health and welfare services for children in nonprofit schools, as 219 | |
286 | + | provided in section 10-217a, under an oral or written agreement, (C) any 220 | |
287 | + | person who is engaged in teaching or supervising schools for adults if 221 | |
288 | + | the annual salary paid for such service is equal to or greater than the 222 | |
289 | + | minimum salary paid for a regular, full-time teaching position in the 223 | |
290 | + | day schools in the town where such service is rendered, (D) a member 224 | |
291 | + | of the professional staff of the State Board of Education, the Office of 225 | |
292 | + | Early Childhood, or of the Board of Regents for Higher Education or any 226 | |
293 | + | of the constituent units, and (E) a member of the staff of the State 227 | |
294 | + | Education Resource Center established pursuant to section 10-4q of the 228 | |
295 | + | 2014 supplement to the general statutes, revision of 1958, revised to 229 | |
296 | + | January 1, 2013, or the State Education Resource Center established 230 | |
297 | + | pursuant to section 10-357a, employed in a professional capacity while 231 | |
298 | + | possessing a certificate or permit issued by the State Board of Education. 232 | |
299 | + | A "permanent substitute teacher" is one who serves as such for at least 233 | |
300 | + | ten months during any school year. 234 | |
301 | + | (27) "Unfunded liability" means the actuarially determined value of 235 | |
302 | + | the liability for service before the date of the actuarial valuation less the 236 | |
303 | + | accumulated assets in the retirement fund. 237 | |
304 | + | (28) "Internal Revenue Code" means the Internal Revenue Code of 238 | |
305 | + | 1986, or any subsequent corresponding internal revenue code of the 239 | |
306 | + | United States, as from time to time amended, and any regulations 240 Raised Bill No. 1080 | |
366 | 307 | ||
367 | - | designees, who shall be voting members of the board, ex officio. (2) On | |
368 | - | or before June 15, 1985, and quadrennially thereafter, the members of | |
369 | - | the system shall elect from their number, in a manner prescribed by said | |
370 | - | board, two persons to serve as members of said board for terms of four | |
371 | - | years beginning July first following such election. Both of such persons | |
372 | - | shall be active teachers who shall be nominated by the members of the | |
373 | - | system who are not retired and elected by all the members of the system. | |
374 | - | On or before July 1, 1991, and quadrennially thereafter, the members of | |
375 | - | the system shall elect from their number, in a manner prescribed by said | |
376 | - | board, three persons to serve as members of said board for terms of four | |
377 | - | years beginning July first following such election. Two of such persons | |
378 | - | shall be retired teachers who shall be nominated by the retired members | |
379 | - | of the system and elected by all the members of the system and one shall | |
380 | - | be an active teacher who shall be nominated by the members of the | |
381 | - | system who are not retired and elected by all the members of the system. | |
382 | - | (3) On or before July 1, 2011, and quadrennially thereafter, the members | |
383 | - | of the system shall elect from their number, in a manner prescribed by | |
384 | - | said board, one person to serve as a member of said board for a term of | |
385 | - | four years beginning July first following such election. Such person shall | |
386 | - | be an active teacher who shall be nominated by the members of the | |
387 | - | system who are not retired, elected by all the members of the system | |
388 | - | and a member of an exclusive representative of a teachers' bargaining | |
389 | - | unit that is not represented by the members of the board elected under | |
390 | - | subdivision (2) of this subsection. (4) If a vacancy occurs in the positions | |
391 | - | filled by the members of the system who are not retired, said board shall | |
392 | - | elect a member of the system who is not retired to fill the unexpired | |
393 | - | portion of the term. If a vacancy occurs in the positions filled by the | |
394 | - | retired members of the system, said board shall elect a retired member | |
395 | - | of the system to fill the unexpired portion of the term. The Governor | |
396 | - | shall appoint five public members to said board in accordance with the | |
397 | - | provisions of section 4-9a, one of whom shall be the mayor, first | |
398 | - | selectman or chief elected official of a municipality. On and after [the | |
399 | - | effective date of this section] October 31, 2017, the Governor shall fill the Senate Bill No. 1080 | |
400 | 308 | ||
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403 | - | next vacant position on the board that is appointed by the Governor | |
404 | - | with a person who is the mayor, first selectman or chief elected official | |
405 | - | of a municipality. The members of the board shall serve without | |
406 | - | compensation, but shall be reimbursed for any expenditures or loss of | |
407 | - | salary or wages which they incur through service on the board. [All | |
408 | - | decisions of the board shall require the approval of six members of the | |
409 | - | board or a majority of the members who are present, whichever is | |
410 | - | greater] A majority of the membership of the board shall constitute a | |
411 | - | quorum for the transaction of any business. | |
412 | - | (b) In carrying out its duties, the board may employ [a secretary] a | |
413 | - | chief administrator with a title established by the board, who shall also | |
414 | - | serve as secretary of the board, an administrative officer and such | |
415 | - | [clerical and other assistance] staff as may be necessary. Their salaries | |
416 | - | shall be paid by said board with the approval of the Secretary of the | |
417 | - | Office of Policy and Management. Said board shall employ the services | |
418 | - | of one or more actuaries, each of which shall be an individual or firm | |
419 | - | having on its staff a fellow of the Society of Actuaries, to carry out the | |
420 | - | actuarial duties of this section and sections 10-183b, as amended by this | |
421 | - | act, 10-183r, and 10-183z and for such related purposes as the board | |
422 | - | deems advisable. The cost of such services shall be charged to the funds | |
423 | - | provided for in section 10-183r. Said board shall arrange for such | |
424 | - | actuary to prepare an actuarial valuation of the assets and liabilities of | |
425 | - | the system as of June 30, 1980, and at least once every two years | |
426 | - | thereafter. On the basis of reasonable actuarial assumptions approved | |
427 | - | by the board, such actuary shall determine the [normal cost] actuarially | |
428 | - | determined employer contribution required to meet the actuarial cost of | |
429 | - | current service and the unfunded accrued liability. Commencing | |
430 | - | December 1, 2002, such valuation shall be completed prior to December | |
431 | - | first biennially. Said board shall adopt all needed actuarial tables and | |
432 | - | may adopt regulations and rules not inconsistent with this chapter, | |
433 | - | including regulations and rules for payment of purchased service | |
434 | - | credits and repayment of previously withdrawn accumulated Senate Bill No. 1080 | |
313 | + | promulgated under or interpretations of said code that may affect this 241 | |
314 | + | chapter. 242 | |
315 | + | (29) "Limitation year" means the twelve-month period beginning 243 | |
316 | + | each July first and ending each June thirtieth. 244 | |
317 | + | Sec. 2. Section 10-183f of the general statutes is repealed and the 245 | |
318 | + | following is substituted in lieu thereof (Effective July 1, 2021): 246 | |
319 | + | (a) A member is eligible to receive a normal retirement benefit [who] 247 | |
320 | + | if such member (1) has attained age sixty and has accumulated twenty 248 | |
321 | + | years of credited service in the public schools of Connecticut, or (2) has 249 | |
322 | + | attained any age and has accumulated thirty-five years of credited 250 | |
323 | + | service, at least twenty-five years of which are service in the public 251 | |
324 | + | schools of Connecticut. 252 | |
325 | + | (b) A member is eligible to receive a proratable retirement benefit 253 | |
326 | + | [who] if such member has attained age sixty prior to termination of 254 | |
327 | + | service and has accumulated at least ten years of credited service in the 255 | |
328 | + | public schools of Connecticut. 256 | |
329 | + | (c) A member is eligible to receive an early retirement benefit [who] 257 | |
330 | + | if such member has accumulated twenty-five years of credited service 258 | |
331 | + | at least twenty years of which are service in the public schools of 259 | |
332 | + | Connecticut, or [who] if such member has attained the age of fifty-five 260 | |
333 | + | and has accumulated at least twenty years of credited service, at least 261 | |
334 | + | fifteen of which are service in the public schools of Connecticut. 262 | |
335 | + | (d) A member is eligible to receive a deferred vested retirement 263 | |
336 | + | benefit beginning at age sixty [who] if such member: (1) Has 264 | |
337 | + | accumulated ten years of credited service in the public schools of 265 | |
338 | + | Connecticut; and (2) terminates service before becoming eligible for any 266 | |
339 | + | other retirement benefit; and (3) leaves his or her accumulated 267 | |
340 | + | contributions with the system. 268 | |
341 | + | (e) Repealed by P.A. 79-541, S. 5, 6. 269 Raised Bill No. 1080 | |
435 | 342 | ||
436 | - | Public Act No. 21-186 14 of 23 | |
437 | 343 | ||
438 | - | contributions. Said board shall establish [such funds as are] an | |
439 | - | operational budget necessary for the management of the system. The | |
440 | - | board may enter into such contractual agreements, in accordance with | |
441 | - | established procedures, as may be necessary for the discharge of its | |
442 | - | duties. | |
443 | - | Sec. 5. Section 10-183p of the general statutes is repealed and the | |
444 | - | following is substituted in lieu thereof (Effective July 1, 2021): | |
445 | - | [(a) Any member of either the state employees retirement system or | |
446 | - | the teachers' retirement system, if eligible to belong to the other or in | |
447 | - | accordance with the provisions of subsection (h) of section 5-160 or | |
448 | - | section 5-192e, may transfer from the one to which such member | |
449 | - | belongs to the other or prior to the first of the month following three | |
450 | - | months after June 28, 1985, to an alternate retirement program, as | |
451 | - | defined in subsection (u) of section 5-154, when authorized to do so, in | |
452 | - | the case of a transfer between said systems or a transfer from the | |
453 | - | teachers' retirement system to an alternate retirement program, by the | |
454 | - | concurrent action of the State Employees Retirement Commission and | |
455 | - | the Teachers' Retirement Board. No person shall be eligible to | |
456 | - | membership in more than one such system or program at the same time, | |
457 | - | provided nothing contained herein shall affect the rights of any person | |
458 | - | who, on June 18, 1953, was a member of both systems. Any member of | |
459 | - | the teachers' retirement system who elects or has elected to participate | |
460 | - | in an alternate retirement program shall receive a refund of all | |
461 | - | contributions made by him into said system in lieu of any benefits under | |
462 | - | said system. Any former state employee who was, during such | |
463 | - | employee's period of employment, eligible to belong to either the state | |
464 | - | employees retirement system or the teachers' retirement system and | |
465 | - | who withdrew from the state employees retirement system after July 1, | |
466 | - | 1940, to become a member of the teachers' retirement system may be | |
467 | - | credited in the teachers' retirement system with such member's period | |
468 | - | of state service upon making application in writing to the secretary of Senate Bill No. 1080 | |
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469 | 347 | ||
470 | - | Public Act No. 21-186 15 of 23 | |
348 | + | (f) The survivors of a member who dies (1) while in service in the 270 | |
349 | + | public schools of Connecticut, (2) within two months after withdrawal 271 | |
350 | + | from such service and prior to the effective date of such member's 272 | |
351 | + | retirement or (3) while receiving a disability benefit under section 10-273 | |
352 | + | 183aa, as amended by this act, shall receive survivors' benefits. [, except 274 | |
353 | + | that, if a member who has elected a coparticipant option, under section 275 | |
354 | + | 10-183j, dies after such option becomes effective, such coparticipant 276 | |
355 | + | option shall be given effect and no survivors' benefits shall be payable.] 277 | |
356 | + | Before any survivors' benefits are paid, the board shall receive such 278 | |
357 | + | applications and other documents and information as it deems 279 | |
358 | + | necessary. 280 | |
359 | + | (g) Notwithstanding any provision of this chapter, pursuant to 281 | |
360 | + | Section 401(a)(9) of the Internal Revenue Code, a member shall begin 282 | |
361 | + | receiving benefits under this chapter no later than April first of the 283 | |
362 | + | calendar year following the calendar year in which (1) the member 284 | |
363 | + | attains age seventy and one-half, or seventy-two for members who 285 | |
364 | + | attain such age on or after January 1, 2020, or (2) if the member retires 286 | |
365 | + | after age seventy and one-half, [the] or seventy-two for members who 287 | |
366 | + | attain such age on or after January 1, 2020, in the calendar year in which 288 | |
367 | + | such member retires. 289 | |
368 | + | Sec. 3. Subsection (a) of section 10-183i of the general statutes is 290 | |
369 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 291 | |
370 | + | 2021): 292 | |
371 | + | (a) A member may make voluntary contributions to the system and 293 | |
372 | + | may, no more than once, withdraw such voluntary contributions from 294 | |
373 | + | the system under rules of the board. Any voluntary contribution shall 295 | |
374 | + | be made solely by payroll deduction of an amount subject to state, 296 | |
375 | + | federal or local tax in the tax or income year in which such voluntary 297 | |
376 | + | contribution is made. Voluntary contributions shall be subject to the 298 | |
377 | + | limitations imposed under Section 415(c) of the Internal Revenue Code 299 | |
378 | + | for the applicable limitation year. Such contributions shall earn credited 300 | |
379 | + | interest. Upon retirement such member shall elect to receive the 301 | |
380 | + | accumulated contributions plus credited interest either in a lump sum 302 Raised Bill No. 1080 | |
471 | 381 | ||
472 | - | the Teachers' Retirement Board and paying contributions for such | |
473 | - | period of service with credited interest from the date such service was | |
474 | - | rendered. | |
475 | - | (b) No person who has creditable service as a member of the state | |
476 | - | employees retirement system and who transfers, on or after May 6, 1975, | |
477 | - | to the teachers' retirement system shall be entitled to benefits from the | |
478 | - | teachers' retirement system until such person has been a member of and | |
479 | - | contributed to said system for a period of one year. If such transferee | |
480 | - | dies or becomes disabled before completion of that one year, such | |
481 | - | transfer shall be deemed to be cancelled and such person shall be | |
482 | - | deemed to be a member of the state employees retirement system.] | |
483 | - | Any member who is also a participant in an alternate retirement | |
484 | - | program, as defined in subsection (u) of section 5-154, the state | |
485 | - | employees retirement system or any other retirement system may | |
486 | - | purchase service credit in the Connecticut teachers' retirement system | |
487 | - | in accordance with section 10-183e, provided such member withdraws | |
488 | - | any and all employee funds and forfeits all employer contributions and | |
489 | - | earnings thereon in the respective system, other than the Social Security | |
490 | - | System or the nonregular military retirement system under 10 USC | |
491 | - | Chapter 1223, as amended from time to time. No person shall be eligible | |
492 | - | for membership in more than one such system or program at the same | |
493 | - | time for the same service. | |
494 | - | Sec. 6. Section 10-183v of the general statutes is repealed and the | |
495 | - | following is substituted in lieu thereof (Effective July 1, 2021): | |
496 | - | (a) (1) Except as provided in subdivisions (2) and (3) of this subsection | |
497 | - | and subsection (b) of this section, a teacher receiving retirement benefits | |
498 | - | from the system may not be employed by an employer in a teaching | |
499 | - | position receiving compensation paid out of public money appropriated | |
500 | - | for school purposes except that such teacher may be employed in such | |
501 | - | a position and receive no more than forty-five per cent of the maximum Senate Bill No. 1080 | |
502 | 382 | ||
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504 | 386 | ||
505 | - | salary level for the assigned position for each school year. Any teacher | |
506 | - | who receives in excess of such amount shall reimburse the board for the | |
507 | - | amount of such excess. | |
508 | - | (2) Commencing July 1, 2016, to June 30, 2020, inclusive, the | |
509 | - | provisions of subdivision (1) of this subsection establishing a limitation | |
510 | - | on the compensation of a reemployed teacher and requiring the | |
511 | - | reimbursement of any amount received in excess of that limitation shall | |
512 | - | not apply to a teacher who (A) is receiving retirement benefits from the | |
513 | - | system based on thirty-four or more years of credited service, (B) is | |
514 | - | reemployed as a teacher in a district designated as an alliance district | |
515 | - | pursuant to section 10-262u, and (C) was serving as a teacher in that | |
516 | - | district on July 1, 2015. | |
517 | - | (3) On and after July 1, 2016, a teacher receiving retirement benefits | |
518 | - | from the system may be employed in a teaching position and receive (A) | |
519 | - | compensation paid out of public money appropriated for school | |
520 | - | purposes, (B) health insurance benefits, and (C) other employment | |
521 | - | benefits provided to active teachers employed by such school system, | |
522 | - | provided such teacher does not receive a retirement income during such | |
523 | - | employment. Payment of such teacher's retirement income shall resume | |
524 | - | on the first day of the month following the termination of such | |
525 | - | employment. The compensation under subparagraph (A) of this | |
526 | - | subdivision shall be provided in accordance with subsection (c) of this | |
527 | - | section. | |
528 | - | (4) Notice of employment under this subsection shall be sent to the | |
529 | - | board by the employer at the beginning and end of the school year, or | |
530 | - | assignment within the school year when reemployed for less than the | |
531 | - | full school year. | |
532 | - | (b) A teacher receiving retirement benefits from the system may be | |
533 | - | reemployed for up to one full school year by a local board of education, | |
534 | - | the State Board of Education or by any constituent unit of the state Senate Bill No. 1080 | |
387 | + | or in the form of an actuarially equivalent annuity for life. Such lump 303 | |
388 | + | sum, [or] if elected, shall be paid not later than three months after the 304 | |
389 | + | effective date of retirement, except the board may delay payment of 305 | |
390 | + | such lump sum in the case of extenuating circumstances. If such delay 306 | |
391 | + | occurs, the board shall submit a written notice to the member explaining 307 | |
392 | + | the nature of the extenuating circumstances and an estimate as to when 308 | |
393 | + | such lump sum shall be paid. Payment of such annuity, if elected, shall 309 | |
394 | + | [be paid or commenced to be paid] commence when the first payment 310 | |
395 | + | of such member's other retirement benefit is made. If such member dies 311 | |
396 | + | before the effective date of his or her retirement, the accumulated 312 | |
397 | + | contributions plus credited interest shall be paid to such member's 313 | |
398 | + | designated beneficiary. 314 | |
399 | + | Sec. 4. Section 10-183l of the general statutes is repealed and the 315 | |
400 | + | following is substituted in lieu thereof (Effective July 1, 2021): 316 | |
401 | + | (a) (1) On and after July 1, 1991, the management of the system shall 317 | |
402 | + | continue to be vested in the Teachers' Retirement Board, whose 318 | |
403 | + | members shall include the Treasurer, the Secretary of the Office of Policy 319 | |
404 | + | and Management and the Commissioner of Education , or their 320 | |
405 | + | designees, who shall be voting members of the board, ex officio. (2) On 321 | |
406 | + | or before June 15, 1985, and quadrennially thereafter, the members of 322 | |
407 | + | the system shall elect from their number, in a manner prescribed by said 323 | |
408 | + | board, two persons to serve as members of said board for terms of four 324 | |
409 | + | years beginning July first following such election. Both of such persons 325 | |
410 | + | shall be active teachers who shall be nominated by the members of the 326 | |
411 | + | system who are not retired and elected by all the members of the system. 327 | |
412 | + | On or before July 1, 1991, and quadrennially thereafter, the members of 328 | |
413 | + | the system shall elect from their number, in a manner prescribed by said 329 | |
414 | + | board, three persons to serve as members of said board for terms of four 330 | |
415 | + | years beginning July first following such election. Two of such persons 331 | |
416 | + | shall be retired teachers who shall be nominated by the retired members 332 | |
417 | + | of the system and elected by all the members of the system and one shall 333 | |
418 | + | be an active teacher who shall be nominated by the members of the 334 | |
419 | + | system who are not retired and elected by all the members of the system. 335 Raised Bill No. 1080 | |
535 | 420 | ||
536 | - | Public Act No. 21-186 17 of 23 | |
537 | 421 | ||
538 | - | system of higher education (1) in a position designated by the | |
539 | - | Commissioner of Education as a subject shortage area for the school year | |
540 | - | in which the teacher is being employed, (2) at a school located in a school | |
541 | - | district identified as a priority school district, pursuant to section 10- | |
542 | - | 266p, for the school year in which the teacher is being employed, (3) if | |
543 | - | the teacher graduated from a public high school in an educational | |
544 | - | reform district, as defined in section 10-262u, or (4) if the teacher | |
545 | - | graduated from an historically black college or university or a Hispanic- | |
546 | - | serving institution, as those terms are defined in the Higher Education | |
547 | - | Act of 1965, P.L. 89-329, as amended from time to time, and reauthorized | |
548 | - | by the Higher Education Opportunity Act of 2008, P.L. 110-315, as | |
549 | - | amended from time to time. Notice of such reemployment shall be sent | |
550 | - | to the board by the employer and by the retired teacher at the time of | |
551 | - | hire and at the end of the assignment. Such reemployment may be | |
552 | - | extended for [an] one additional school year, not to exceed two school | |
553 | - | years over the lifetime of the retiree, provided the local board of | |
554 | - | education (A) submits a written request for approval to the Teachers' | |
555 | - | Retirement Board, (B) certifies that no qualified candidates are available | |
556 | - | prior to the reemployment of such teacher, and (C) indicates the type of | |
557 | - | assignment to be performed, the anticipated date of rehire and the | |
558 | - | expected duration of the assignment. | |
559 | - | (c) The employment of a teacher under subsections (a) and (b) of this | |
560 | - | section shall not be considered as service qualifying for continuing | |
561 | - | contract status under section 10-151 and the salary of such teacher shall | |
562 | - | be fixed at an amount at least equal to that paid other teachers in the | |
563 | - | same school system with similar training and experience for the same | |
564 | - | type of service. | |
565 | - | (d) No person shall be entitled to survivor's benefits under subsection | |
566 | - | (f) of section 10-183f, as amended by this act, as a result of reemployment | |
567 | - | under this section. | |
568 | - | (e) The same option plan of retirement benefits in effect prior to Senate Bill No. 1080 | |
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569 | 425 | ||
570 | - | Public Act No. 21-186 18 of 23 | |
426 | + | (3) On or before July 1, 2011, and quadrennially thereafter, the members 336 | |
427 | + | of the system shall elect from their number, in a manner prescribed by 337 | |
428 | + | said board, one person to serve as a member of said board for a term of 338 | |
429 | + | four years beginning July first following such election. Such person shall 339 | |
430 | + | be an active teacher who shall be nominated by the members of the 340 | |
431 | + | system who are not retired, elected by all the members of the system 341 | |
432 | + | and a member of an exclusive representative of a teachers' bargaining 342 | |
433 | + | unit that is not represented by the members of the board elected under 343 | |
434 | + | subdivision (2) of this subsection. (4) If a vacancy occurs in the positions 344 | |
435 | + | filled by the members of the system who are not retired, said board shall 345 | |
436 | + | elect a member of the system who is not retired to fill the unexpired 346 | |
437 | + | portion of the term. If a vacancy occurs in the positions filled by the 347 | |
438 | + | retired members of the system, said board shall elect a retired member 348 | |
439 | + | of the system to fill the unexpired portion of the term. The Governor 349 | |
440 | + | shall appoint five public members to said board in accordance with the 350 | |
441 | + | provisions of section 4-9a, one of whom shall be the mayor, first 351 | |
442 | + | selectman or chief elected official of a municipality. On and after the 352 | |
443 | + | effective date of this section, the Governor shall fill the next vacant 353 | |
444 | + | position on the board that is appointed by the Governor with a person 354 | |
445 | + | who is the mayor, first selectman or chief elected official of a 355 | |
446 | + | municipality. The members of the board shall serve witho ut 356 | |
447 | + | compensation, but shall be reimbursed for any expenditures or loss of 357 | |
448 | + | salary or wages which they incur through service on the board. [All 358 | |
449 | + | decisions of the board shall require the approval of six members of the 359 | |
450 | + | board or a majority of the members who are present, whichever is 360 | |
451 | + | greater] A majority of the membership of the board shall constitute a 361 | |
452 | + | quorum for the transaction of any business. 362 | |
453 | + | (b) In carrying out its duties, the board may employ [a secretary] a 363 | |
454 | + | chief administrator with a title established by the board, who shall also 364 | |
455 | + | serve as secretary of the board, an administrative officer and such 365 | |
456 | + | [clerical and other assistance] staff as may be necessary. Their salaries 366 | |
457 | + | shall be paid by said board with the approval of the Secretary of the 367 | |
458 | + | Office of Policy and Management. Said board shall employ the services 368 | |
459 | + | of one or more actuaries, each of which shall be an individual or firm 369 Raised Bill No. 1080 | |
571 | 460 | ||
572 | - | reemployment shall continue for a reemployed teacher during | |
573 | - | reemployment. | |
574 | - | (f) Any member in violation of any provision of this section, as | |
575 | - | determined by the board, shall be required to reimburse the board for | |
576 | - | all amounts such member received in excess of the amount permitted | |
577 | - | under this section. Such reimbursement shall be accomplished through | |
578 | - | an offset of all or a portion of the excess amount which can be recaptured | |
579 | - | commencing with the next immediate retirement benefit payment | |
580 | - | issued to such member. Such member may request an alternative | |
581 | - | payment method to reimburse the board for the excess amount through | |
582 | - | an acceptable alternative method agreed to by the board. | |
583 | - | (g) In no event shall a retired member be permitted to revert to active | |
584 | - | status after the effective date of retirement, except a member may | |
585 | - | suspend their retirement benefit for reemployment purposes. | |
586 | - | [(f)] (h) The provisions of this section in effect on June 30, 2003, | |
587 | - | revision of 1958, revised to January 1, 2003, shall be applicable to any | |
588 | - | person making contributions to the Teachers' Retirement System on | |
589 | - | June 30, 2003, in accordance with said provisions. | |
590 | - | (i) For purposes of this section, "employed" and "reemployed" mean | |
591 | - | to hire, retain or otherwise procure the services of a retired teacher or | |
592 | - | member by an employer. | |
593 | - | Sec. 7. Section 10-183y of the general statutes is repealed and the | |
594 | - | following is substituted in lieu thereof (Effective July 1, 2021): | |
595 | - | Any member may appeal to the Teachers' Retirement Board for | |
596 | - | reconsideration of a decision of the board affecting such member. Such | |
597 | - | member shall submit with such appeal a written statement identifying | |
598 | - | the section of the general statutes that provides for the benefit to which | |
599 | - | such member claims he or she was entitled and denied and received a | |
600 | - | written denial for such request. Such appeal shall be made within ninety Senate Bill No. 1080 | |
601 | 461 | ||
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604 | - | days of the date of issuance of written notice of such decision. The board | |
605 | - | shall meet to review such member's records and, if requested in writing, | |
606 | - | allow such member to appear at such meeting. The board shall render a | |
607 | - | written decision within sixty days of receipt of such request for | |
608 | - | reconsideration. | |
609 | - | Sec. 8. Section 10-183aa of the general statutes is repealed and the | |
610 | - | following is substituted in lieu thereof (Effective July 1, 2021): | |
611 | - | (a) (1) An active member is eligible for a disability allowance if he or | |
612 | - | she has [(1)] (A) become disabled as a result of any sickness or injury | |
613 | - | incurred in the performance of his or her duty as a teacher, without | |
614 | - | regard to the member's accumulated years of service at the time the | |
615 | - | disability is incurred; or [(2)] (B) accumulated at least five years of | |
616 | - | service in the public schools and becomes disabled, without regard to | |
617 | - | whether the disability was incurred in the performance of his or her | |
618 | - | duty as a teacher. | |
619 | - | (2) Any active member seeking a disability allowance shall submit to | |
620 | - | the board a formal application for disability allowance, which shall | |
621 | - | include the following: (A) The member's application; (B) the member's | |
622 | - | birth certificate or, in lieu thereof, a notarized statement supported by | |
623 | - | other evidence satisfactory to the board; (C) records of service, if such | |
624 | - | records are required by the board to determine a salary rate or years of | |
625 | - | creditable service; (D) a physician's statement of health for the member, | |
626 | - | including, but not limited to, medical reports and office notes from such | |
627 | - | physician; (E) in the case of a member who is married, a marriage | |
628 | - | certificate; (F) an employer's statement regarding work performance, | |
629 | - | attendance records and any other information regarding the member's | |
630 | - | disability; (G) the member's statement outlining the effect his or her | |
631 | - | impairment has on the ability to perform the duties of his or her | |
632 | - | occupation; and (H) any other documentation required by the board. | |
633 | - | For any formal application for disability allowance filed on or after July | |
634 | - | 1, 1986, upon a finding by the board that extenuating circumstances Senate Bill No. 1080 | |
466 | + | having on its staff a fellow of the Society of Actuaries, to carry out the 370 | |
467 | + | actuarial duties of this section and sections 10-183b, as amended by this 371 | |
468 | + | act, 10-183r, and 10-183z and for such related purposes as the board 372 | |
469 | + | deems advisable. The cost of such services shall be charged to the funds 373 | |
470 | + | provided for in section 10-183r. Said board shall arrange for such 374 | |
471 | + | actuary to prepare an actuarial valuation of the assets and liabilities of 375 | |
472 | + | the system as of June 30, 1980, and at least once every two years 376 | |
473 | + | thereafter. On the basis of reasonable actuarial assumptions approved 377 | |
474 | + | by the board, such actuary shall determine the [normal cost] actuarially 378 | |
475 | + | determined employer contribution required to meet the actuarial cost of 379 | |
476 | + | current service and the unfunded accrued liability. Commencing 380 | |
477 | + | December 1, 2002, such valuation shall be completed prior to December 381 | |
478 | + | first biennially. Said board shall adopt all needed actuarial tables and 382 | |
479 | + | may adopt regulations and rules not inconsistent with this chapter, 383 | |
480 | + | including regulations and rules for payment of purchased service 384 | |
481 | + | credits and repayment of previously withdrawn accumulated 385 | |
482 | + | contributions. Said board shall establish [such funds as are] an 386 | |
483 | + | operational budget necessary for the management of the system. The 387 | |
484 | + | board may enter into such contractual agreements, in accordance with 388 | |
485 | + | established procedures, as may be necessary for the discharge of its 389 | |
486 | + | duties. 390 | |
487 | + | Sec. 5. Section 10-183p of the general statutes is repealed and the 391 | |
488 | + | following is substituted in lieu thereof (Effective July 1, 2021): 392 | |
489 | + | [(a) Any member of either the state employees retirement system or 393 | |
490 | + | the teachers' retirement system, if eligible to belong to the other or in 394 | |
491 | + | accordance with the provisions of subsection (h) of section 5-160 or 395 | |
492 | + | section 5-192e, may transfer from the one to which such member 396 | |
493 | + | belongs to the other or prior to the first of the month following three 397 | |
494 | + | months after June 28, 1985, to an alternate retirement program, as 398 | |
495 | + | defined in subsection (u) of section 5-154, when authorized to do so, in 399 | |
496 | + | the case of a transfer between said systems or a transfer from the 400 | |
497 | + | teachers' retirement system to an alternate retirement program, by the 401 | |
498 | + | concurrent action of the State Employees Retirement Commission and 402 Raised Bill No. 1080 | |
635 | 499 | ||
636 | - | Public Act No. 21-186 20 of 23 | |
637 | 500 | ||
638 | - | relating to the health of an active member caused a delay in the filing of | |
639 | - | such member's complete formal application for disability allowance, the | |
640 | - | board may deem such application to have been filed up to three months | |
641 | - | earlier than the actual date of such filing. | |
642 | - | (b) The disability allowance is computed as follows: Two per cent | |
643 | - | times credited service to the date of disability multiplied by average | |
644 | - | annual salary, provided such allowance shall not be less than fifteen per | |
645 | - | cent or more than fifty per cent of the member's average annual salary. | |
646 | - | In no case shall such disability allowance, less cost of living adjustments, | |
647 | - | plus any initial award of Social Security benefits and workers' | |
648 | - | compensation, exceed seventy-five per cent of the member's average | |
649 | - | annual salary. | |
650 | - | (c) The board shall designate a medical committee to be composed of | |
651 | - | no more than five physicians. If required, other physicians may be | |
652 | - | employed to report on special cases. Such medical committee shall | |
653 | - | review each application for a disability allowance and shall make | |
654 | - | findings and recommendations in writing to the board. The medical | |
655 | - | committee shall perform additional examinations or case reviews as | |
656 | - | deemed necessary by the board. Members of such committee shall | |
657 | - | receive compensation for their services at a rate to be determined by the | |
658 | - | board. | |
659 | - | (d) The disability allowance being paid to a member shall cease when | |
660 | - | and if the disability ends. The board may determine that a member's | |
661 | - | disability has ended if it finds, upon the recommendation of its medical | |
662 | - | committee, that the member has failed to pursue an appropriate | |
663 | - | program of treatment. In either event, such member shall receive | |
664 | - | credited service for the years he received such disability allowance | |
665 | - | subject to a maximum total credit of thirty years, or actual years of | |
666 | - | credited service to the date the disability commenced, whichever is | |
667 | - | greater. Such member, if eligible, may then (1) retire on a normal, early | |
668 | - | or proratable retirement benefit, or (2) retain a vested right to a deferred Senate Bill No. 1080 | |
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669 | 504 | ||
670 | - | Public Act No. 21-186 21 of 23 | |
505 | + | the Teachers' Retirement Board. No person shall be eligible to 403 | |
506 | + | membership in more than one such system or program at the same time, 404 | |
507 | + | provided nothing contained herein shall affect the rights of any person 405 | |
508 | + | who, on June 18, 1953, was a member of both systems. Any member of 406 | |
509 | + | the teachers' retirement system who elects or has elected to participate 407 | |
510 | + | in an alternate retirement program shall receive a refund of all 408 | |
511 | + | contributions made by him into said system in lieu of any benefits under 409 | |
512 | + | said system. Any former state employee who was, during such 410 | |
513 | + | employee's period of employment, eligible to belong to either the state 411 | |
514 | + | employees retirement system or the teachers' retirement system and 412 | |
515 | + | who withdrew from the state employees retirement system after July 1, 413 | |
516 | + | 1940, to become a member of the teachers' retirement system may be 414 | |
517 | + | credited in the teachers' retirement system with such member's period 415 | |
518 | + | of state service upon making application in writing to the secretary of 416 | |
519 | + | the Teachers' Retirement Board and paying contributions for such 417 | |
520 | + | period of service with credited interest from the date such service was 418 | |
521 | + | rendered. 419 | |
522 | + | (b) No person who has creditable service as a member of the state 420 | |
523 | + | employees retirement system and who transfers, on or after May 6, 1975, 421 | |
524 | + | to the teachers' retirement system shall be entitled to benefits from the 422 | |
525 | + | teachers' retirement system until such person has been a member of and 423 | |
526 | + | contributed to said system for a period of one year. If such transferee 424 | |
527 | + | dies or becomes disabled before completion of that one year, such 425 | |
528 | + | transfer shall be deemed to be cancelled and such person shall be 426 | |
529 | + | deemed to be a member of the state employees retirement system.] 427 | |
530 | + | Any member who is also a participant in an alternate retirement 428 | |
531 | + | program, as defined in subsection (u) of section 5-154, the state 429 | |
532 | + | employees retirement system or any other retirement system may 430 | |
533 | + | purchase service credit in the Connecticut teachers' retirement system 431 | |
534 | + | in accordance with section 10-183e, provided such member withdraws 432 | |
535 | + | any and all employee funds and forfeits all employer contributions and 433 | |
536 | + | earnings thereon in the respective system, other than the Social Security 434 | |
537 | + | System or the nonregular military retirement system under 10 USC 435 Raised Bill No. 1080 | |
671 | 538 | ||
672 | - | normal, early or proratable retirement benefit. Upon attainment of the | |
673 | - | member's normal retirement date, as determined by his age and | |
674 | - | credited service, including the credited service granted by this | |
675 | - | subsection, the member's disability allowance shall convert to a normal | |
676 | - | or other service retirement, which shall be payable either in the normal | |
677 | - | form or under an optional payment form under section 10-183j. The | |
678 | - | board may require periodic medical examinations. | |
679 | - | (e) No credit for a period of service of any kind prior to the months | |
680 | - | in which contribution therefor is made shall be given under this chapter | |
681 | - | or any special act in determining service in connection with an | |
682 | - | application for disability allowance other than for injury received in | |
683 | - | performance of duty as a teacher if such disability occurred within five | |
684 | - | years after contributions and required interest on account of such period | |
685 | - | were paid in full. The foregoing limitation shall not apply to (1) any | |
686 | - | reinstatement of prior Connecticut teaching service, or (2) credit | |
687 | - | obtained immediately after transfer from the state employees retirement | |
688 | - | system under this chapter for service previously credited in said system; | |
689 | - | but in the case of such transfer, no allowance on account of disability | |
690 | - | occurring within such five-year period, other than for injury received in | |
691 | - | performance of duty as a teacher, shall exceed the benefit which would | |
692 | - | have been payable by said system if transfer had not been made. | |
693 | - | (f) During the first twenty-four months of payment of the disability | |
694 | - | allowance to a member, twenty per cent of all of such member's outside | |
695 | - | earned income or wages shall be offset against the disability allowance | |
696 | - | payable, unless the board determines that such earned income or wages | |
697 | - | are being paid as part of the rehabilitation of the member. At the | |
698 | - | expiration of such twenty-four-month period, if the total of the disability | |
699 | - | allowance and outside earned income exceeds one hundred per cent of | |
700 | - | average annual salary, the disability allowance will be reduced by the | |
701 | - | amount of such excess over one hundred per cent. The board shall adopt | |
702 | - | regulations, in accordance with the provisions of chapter 54, concerning Senate Bill No. 1080 | |
703 | 539 | ||
704 | - | Public Act No. 21-186 22 of 23 | |
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705 | 543 | ||
706 | - | procedures for verification of the income of members in receipt of a | |
707 | - | disability allowance. | |
708 | - | (g) All members of the teachers' retirement system who are receiving | |
709 | - | disability payments under subsection (e) of section 10-183g of the | |
710 | - | general statutes, revision of 1958, revised to 1979, may, using a form | |
711 | - | provided by the board, elect to have their disability payments | |
712 | - | recomputed with regard to the percentage basis and pursuant to the | |
713 | - | provisions of this section and section 10-183bb. Such election shall not | |
714 | - | be revocable. | |
715 | - | Sec. 9. (NEW) (Effective July 1, 2021) (a) The Teachers' Retirement | |
716 | - | Board shall establish a rollover account for each active, inactive and | |
717 | - | disabled member who submits a formal application of retirement, as | |
718 | - | defined in section 10-183b of the general statutes, as amended by this | |
719 | - | act. Any such member may make rollover contributions of any pretax | |
720 | - | assets maintained in an eligible retirement plan to such rollover account | |
721 | - | at any time within two months prior to such member's retirement date, | |
722 | - | as designated in such application. The board shall not accept any such | |
723 | - | rollover contribution after a member's retirement date. For purposes of | |
724 | - | this section, "eligible retirement plan" means an eligible retirement plan | |
725 | - | as defined in Section 402(c)(8)(B) of the Internal Revenue Code of 1986, | |
726 | - | or any subsequent corresponding internal revenue code of the United | |
727 | - | States, as amended from time to time. | |
728 | - | (b) Commencing with retirements effective September 1, 2021, or | |
729 | - | later, any amount in a retired member's rollover account shall be | |
730 | - | distributed to such member in the form of an actuarially equivalent | |
731 | - | annuity for life, using the annuity rates adopted by the board for the | |
732 | - | selected retirement date and under the terms and conditions of the | |
733 | - | payment plan option the member selected on his or her formal | |
734 | - | application of retirement, as defined in section 10-183b of the general | |
735 | - | statutes, as amended by this act. If such member dies prior to the date | |
736 | - | of his or her retirement, the accumulated rollover funds shall be Senate Bill No. 1080 | |
544 | + | Chapter 1223, as amended from time to time. No person shall be eligible 436 | |
545 | + | for membership in more than one such system or program at the same 437 | |
546 | + | time for the same service. 438 | |
547 | + | Sec. 6. Section 10-183v of the general statutes is repealed and the 439 | |
548 | + | following is substituted in lieu thereof (Effective July 1, 2021): 440 | |
549 | + | (a) (1) Except as provided in subdivisions (2) and (3) of this subsection 441 | |
550 | + | and subsection (b) of this section, a teacher receiving retirement benefits 442 | |
551 | + | from the system may not be employed by an employer in a teaching 443 | |
552 | + | position receiving compensation paid out of public money appropriated 444 | |
553 | + | for school purposes except that such teacher may be employed in such 445 | |
554 | + | a position and receive no more than forty-five per cent of the maximum 446 | |
555 | + | salary level for the assigned position for each school year. Any teacher 447 | |
556 | + | who receives in excess of such amount shall reimburse the board for the 448 | |
557 | + | amount of such excess. 449 | |
558 | + | (2) Commencing July 1, 2016, to June 30, 2020, inclusive, the 450 | |
559 | + | provisions of subdivision (1) of this subsection establishing a limitation 451 | |
560 | + | on the compensation of a reemployed teacher and requiring the 452 | |
561 | + | reimbursement of any amount received in excess of that limitation shall 453 | |
562 | + | not apply to a teacher who (A) is receiving retirement benefits from the 454 | |
563 | + | system based on thirty-four or more years of credited service, (B) is 455 | |
564 | + | reemployed as a teacher in a district designated as an alliance district 456 | |
565 | + | pursuant to section 10-262u, and (C) was serving as a teacher in that 457 | |
566 | + | district on July 1, 2015. 458 | |
567 | + | (3) On and after July 1, 2016, a teacher receiving retirement benefits 459 | |
568 | + | from the system may be employed in a teaching position and receive (A) 460 | |
569 | + | compensation paid out of public money appropriated for school 461 | |
570 | + | purposes, (B) health insurance benefits, and (C) other employment 462 | |
571 | + | benefits provided to active teachers employed by such school system, 463 | |
572 | + | provided such teacher does not receive a retirement income during such 464 | |
573 | + | employment. Payment of such teacher's retirement income shall resume 465 | |
574 | + | on the first day of the month following the termination of such 466 | |
575 | + | employment. The compensation under subparagraph (A) of this 467 Raised Bill No. 1080 | |
737 | 576 | ||
738 | - | Public Act No. 21-186 23 of 23 | |
739 | 577 | ||
740 | - | distributed under the terms and conditions of the payment plan option | |
741 | - | the member elected on such application. | |
742 | - | (c) The board shall adopt policies and procedures regarding the | |
743 | - | prudent and efficient operation of rollover accounts established | |
744 | - | pursuant to subsection (a) of this section, which shall include, but need | |
745 | - | not be limited to, application and payment procedures for such | |
746 | - | accounts. | |
747 | - | (d) The funds in a member's rollover account shall be used only for | |
748 | - | distributions in accordance with subsection (b) of this section. The funds | |
749 | - | in such account may not be applied toward the purchase of additional | |
750 | - | credited service pursuant to section 10-183e of the general statutes. No | |
751 | - | interest shall be applied to any funds contained in a member's rollover | |
752 | - | account. | |
753 | - | (e) Rollover contributions made in accordance with this section shall | |
754 | - | not be treated as contributions, as defined in section 10-183b of the | |
755 | - | general statutes, as amended by this act, and the board shall not subject | |
756 | - | such contributions to the limitations imposed under Section 415(c) of the | |
757 | - | Internal Revenue Code of 1986, or any subsequent corresponding | |
758 | - | internal revenue code of the United States, as amended from time to | |
759 | - | time. | |
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581 | + | ||
582 | + | subdivision shall be provided in accordance with subsection (c) of this 468 | |
583 | + | section. 469 | |
584 | + | (4) Notice of employment under this subsection shall be sent to the 470 | |
585 | + | board by the employer at the beginning and end of the school year, or 471 | |
586 | + | assignment within the school year when reemployed for less than the 472 | |
587 | + | full school year. 473 | |
588 | + | (b) A teacher receiving retirement benefits from the system may be 474 | |
589 | + | reemployed for up to one full school year by a local board of education, 475 | |
590 | + | the State Board of Education or by any constituent unit of the state 476 | |
591 | + | system of higher education (1) in a position designated by the 477 | |
592 | + | Commissioner of Education as a subject shortage area for the school year 478 | |
593 | + | in which the teacher is being employed, (2) at a school located in a school 479 | |
594 | + | district identified as a priority school district, pursuant to section 10-480 | |
595 | + | 266p, for the school year in which the teacher is being employed, (3) if 481 | |
596 | + | the teacher graduated from a public high school in an educational 482 | |
597 | + | reform district, as defined in section 10-262u, or (4) if the teacher 483 | |
598 | + | graduated from an historically black college or university or a Hispanic-484 | |
599 | + | serving institution, as those terms are defined in the Higher Education 485 | |
600 | + | Act of 1965, P.L. 89-329, as amended from time to time, and reauthorized 486 | |
601 | + | by the Higher Education Opportunity Act of 2008, P.L. 110-315, as 487 | |
602 | + | amended from time to time. Notice of such reemployment shall be sent 488 | |
603 | + | to the board by the employer and by the retired teacher at the time of 489 | |
604 | + | hire and at the end of the assignment. Such reemployment may be 490 | |
605 | + | extended for [an] one additional school year, not to exceed two school 491 | |
606 | + | years over the lifetime of the retiree, provided the local board of 492 | |
607 | + | education (A) submits a written request for approval to the Teachers' 493 | |
608 | + | Retirement Board, (B) certifies that no qualified candidates are available 494 | |
609 | + | prior to the reemployment of such teacher, and (C) indicates the type of 495 | |
610 | + | assignment to be performed, the anticipated date of rehire and the 496 | |
611 | + | expected duration of the assignment. 497 | |
612 | + | (c) The employment of a teacher under subsections (a) and (b) of this 498 | |
613 | + | section shall not be considered as service qualifying for continuing 499 | |
614 | + | contract status under section 10-151 and the salary of such teacher shall 500 Raised Bill No. 1080 | |
615 | + | ||
616 | + | ||
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620 | + | ||
621 | + | be fixed at an amount at least equal to that paid other teachers in the 501 | |
622 | + | same school system with similar training and experience for the same 502 | |
623 | + | type of service. 503 | |
624 | + | (d) No person shall be entitled to survivor's benefits under subsection 504 | |
625 | + | (f) of section 10-183f, as amended by this act, as a result of reemployment 505 | |
626 | + | under this section. 506 | |
627 | + | (e) The same option plan of retirement benefits in effect prior to 507 | |
628 | + | reemployment shall continue for a reemployed teacher during 508 | |
629 | + | reemployment. 509 | |
630 | + | (f) Any member in violation of any provision of this section, as 510 | |
631 | + | determined by the board, shall be required to reimburse the board for 511 | |
632 | + | all amounts such member received in excess of the amount permitted 512 | |
633 | + | under this section. Such reimbursement shall be accomplished through 513 | |
634 | + | an offset of all or a portion of the excess amount which can be recaptured 514 | |
635 | + | commencing with the next immediate retirement benefit payment 515 | |
636 | + | issued to such member. Such member may request an alternative 516 | |
637 | + | payment method to reimburse the board for the excess amount through 517 | |
638 | + | an acceptable alternative method agreed to by the board. 518 | |
639 | + | (g) In no event shall a retired member be permitted to revert to active 519 | |
640 | + | status after the effective date of retirement, except a member may 520 | |
641 | + | suspend their retirement benefit for reemployment purposes. 521 | |
642 | + | [(f)] (h) The provisions of this section in effect on June 30, 2003, 522 | |
643 | + | revision of 1958, revised to January 1, 2003, shall be applicable to any 523 | |
644 | + | person making contributions to the Teachers' Retirement System on 524 | |
645 | + | June 30, 2003, in accordance with said provisions. 525 | |
646 | + | (i) For purposes of this section, "employed" and "reemployed" mean 526 | |
647 | + | to hire, retain or otherwise procure the services of a retired teacher or 527 | |
648 | + | member by an employer. 528 | |
649 | + | Sec. 7. Section 10-183y of the general statutes is repealed and the 529 | |
650 | + | following is substituted in lieu thereof (Effective July 1, 2021): 530 Raised Bill No. 1080 | |
651 | + | ||
652 | + | ||
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656 | + | ||
657 | + | Any member may appeal to the Teachers' Retirement Board for 531 | |
658 | + | reconsideration of a decision of the board affecting such member. Such 532 | |
659 | + | member shall submit with such appeal a written statement identifying 533 | |
660 | + | the section of the general statutes that provides for the benefit to which 534 | |
661 | + | such member claims he or she was entitled and denied and received a 535 | |
662 | + | written denial for such request. Such appeal shall be made within ninety 536 | |
663 | + | days of the date of issuance of written notice of such decision. The board 537 | |
664 | + | shall meet to review such member's records and, if requested in writing, 538 | |
665 | + | allow such member to appear at such meeting. The board shall render a 539 | |
666 | + | written decision within sixty days of receipt of such request for 540 | |
667 | + | reconsideration. 541 | |
668 | + | Sec. 8. Section 10-183aa of the general statutes is repealed and the 542 | |
669 | + | following is substituted in lieu thereof (Effective July 1, 2021): 543 | |
670 | + | (a) (1) An active member is eligible for a disability allowance if he or 544 | |
671 | + | she has [(1)] (A) become disabled as a result of any sickness or injury 545 | |
672 | + | incurred in the performance of his or her duty as a teacher, without 546 | |
673 | + | regard to the member's accumulated years of service at the time the 547 | |
674 | + | disability is incurred; or [(2)] (B) accumulated at least five years of 548 | |
675 | + | service in the public schools and becomes disabled, without regard to 549 | |
676 | + | whether the disability was incurred in the performance of his or her 550 | |
677 | + | duty as a teacher. 551 | |
678 | + | (2) Any active member seeking a disability allowance shall submit to 552 | |
679 | + | the board a formal application for disability allowance, which shall 553 | |
680 | + | include the following: (A) The member's application; (B) the member's 554 | |
681 | + | birth certificate or, in lieu thereof, a notarized statement supported by 555 | |
682 | + | other evidence satisfactory to the board; (C) records of service, if such 556 | |
683 | + | records are required by the board to determine a salary rate or years of 557 | |
684 | + | creditable service; (D) a physician's statement of health for the member, 558 | |
685 | + | including, but not limited to, medical reports and office notes from such 559 | |
686 | + | physician; (E) in the case of a member who is married, a marriage 560 | |
687 | + | certificate; (F) an employer's statement regarding work performance, 561 | |
688 | + | attendance records and any other information regarding the member's 562 | |
689 | + | disability; (G) the member's statement outlining the effect his or her 563 Raised Bill No. 1080 | |
690 | + | ||
691 | + | ||
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695 | + | ||
696 | + | impairment has on the ability to perform the duties of his or her 564 | |
697 | + | occupation; and (H) any other documentation required by the board. 565 | |
698 | + | For any formal application for disability allowance filed on or after July 566 | |
699 | + | 1, 1986, upon a finding by the board that extenuating circumstances 567 | |
700 | + | relating to the health of an active member caused a delay in the filing of 568 | |
701 | + | such member's complete formal application for disability allowance, the 569 | |
702 | + | board may deem such application to have been filed up to three months 570 | |
703 | + | earlier than the actual date of such filing. 571 | |
704 | + | (b) The disability allowance is computed as follows: Two per cent 572 | |
705 | + | times credited service to the date of disability multiplied by average 573 | |
706 | + | annual salary, provided such allowance shall not be less than fifteen per 574 | |
707 | + | cent or more than fifty per cent of the member's average annual salary. 575 | |
708 | + | In no case shall such disability allowance, less cost of living adjustments, 576 | |
709 | + | plus any initial award of Social Security benefits and workers' 577 | |
710 | + | compensation, exceed seventy-five per cent of the member's average 578 | |
711 | + | annual salary. 579 | |
712 | + | (c) The board shall designate a medical committee to be composed of 580 | |
713 | + | no more than five physicians. If required, other physicians may be 581 | |
714 | + | employed to report on special cases. Such medical committee shall 582 | |
715 | + | review each application for a disability allowance and shall make 583 | |
716 | + | findings and recommendations in writing to the board. The medical 584 | |
717 | + | committee shall perform additional examinations or case reviews as 585 | |
718 | + | deemed necessary by the board. Members of such committee shall 586 | |
719 | + | receive compensation for their services at a rate to be determined by the 587 | |
720 | + | board. 588 | |
721 | + | (d) The disability allowance being paid to a member shall cease when 589 | |
722 | + | and if the disability ends. The board may determine that a member's 590 | |
723 | + | disability has ended if it finds, upon the recommendation of its medical 591 | |
724 | + | committee, that the member has failed to pursue an appropriate 592 | |
725 | + | program of treatment. In either event, such member shall receive 593 | |
726 | + | credited service for the years he received such disability allowance 594 | |
727 | + | subject to a maximum total credit of thirty years, or actual years of 595 | |
728 | + | credited service to the date the disability commenced, whichever is 596 Raised Bill No. 1080 | |
729 | + | ||
730 | + | ||
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734 | + | ||
735 | + | greater. Such member, if eligible, may then (1) retire on a normal, early 597 | |
736 | + | or proratable retirement benefit or (2) retain a vested right to a deferred 598 | |
737 | + | normal, early or proratable retirement benefit. Upon attainment of the 599 | |
738 | + | member's normal retirement date, as determined by his age and 600 | |
739 | + | credited service, including the credited service granted by this 601 | |
740 | + | subsection, the member's disability allowance shall convert to a normal 602 | |
741 | + | or other service retirement, which shall be payable either in the normal 603 | |
742 | + | form or under an optional payment form under section 10-183j. The 604 | |
743 | + | board may require periodic medical examinations. 605 | |
744 | + | (e) No credit for a period of service of any kind prior to the months 606 | |
745 | + | in which contribution therefor is made shall be given under this chapter 607 | |
746 | + | or any special act in determining service in connection with an 608 | |
747 | + | application for disability allowance other than for injury received in 609 | |
748 | + | performance of duty as a teacher if such disability occurred within five 610 | |
749 | + | years after contributions and required interest on account of such period 611 | |
750 | + | were paid in full. The foregoing limitation shall not apply to (1) any 612 | |
751 | + | reinstatement of prior Connecticut teaching service, or (2) credit 613 | |
752 | + | obtained immediately after transfer from the state employees retirement 614 | |
753 | + | system under this chapter for service previously credited in said system; 615 | |
754 | + | but in the case of such transfer, no allowance on account of disability 616 | |
755 | + | occurring within such five-year period, other than for injury received in 617 | |
756 | + | performance of duty as a teacher, shall exceed the benefit which would 618 | |
757 | + | have been payable by said system if transfer had not been made. 619 | |
758 | + | (f) During the first twenty-four months of payment of the disability 620 | |
759 | + | allowance to a member, twenty per cent of all of such member's outside 621 | |
760 | + | earned income or wages shall be offset against the disability allowance 622 | |
761 | + | payable, unless the board determines that such earned income or wages 623 | |
762 | + | are being paid as part of the rehabilitation of the member. At the 624 | |
763 | + | expiration of such twenty-four-month period, if the total of the disability 625 | |
764 | + | allowance and outside earned income exceeds one hundred per cent of 626 | |
765 | + | average annual salary, the disability allowance will be reduced by the 627 | |
766 | + | amount of such excess over one hundred per cent. The board shall adopt 628 | |
767 | + | regulations, in accordance with the provisions of chapter 54, concerning 629 Raised Bill No. 1080 | |
768 | + | ||
769 | + | ||
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773 | + | ||
774 | + | procedures for verification of the income of members in receipt of a 630 | |
775 | + | disability allowance. 631 | |
776 | + | (g) All members of the teachers' retirement system who are receiving 632 | |
777 | + | disability payments under subsection (e) of section 10-183g of the 633 | |
778 | + | general statutes, revision of 1958, revised to 1979, may, using a form 634 | |
779 | + | provided by the board, elect to have their disability payments 635 | |
780 | + | recomputed with regard to the percentage basis and pursuant to the 636 | |
781 | + | provisions of this section and section 10-183bb. Such election shall not 637 | |
782 | + | be revocable. 638 | |
783 | + | Sec. 9. (NEW) (Effective July 1, 2021) (a) The Teachers' Retirement 639 | |
784 | + | Board shall establish a rollover account for each active, inactive and 640 | |
785 | + | disabled member who submits a formal application of retirement, as 641 | |
786 | + | defined in section 10-183b of the general statutes, as amended by this 642 | |
787 | + | act. Any such member may make rollover contributions of any pretax 643 | |
788 | + | assets maintained in an eligible retirement plan to such rollover account 644 | |
789 | + | at any time within two months prior to such member's retirement date, 645 | |
790 | + | as designated in such application. The board shall not accept any such 646 | |
791 | + | rollover contribution after a member's retirement date. For purposes of 647 | |
792 | + | this section, "eligible retirement plan" means an eligible retirement plan 648 | |
793 | + | as defined in Section 402(c)(8)(B) of the Internal Revenue Code of 1986, 649 | |
794 | + | or any subsequent corresponding internal revenue code of the United 650 | |
795 | + | States, as amended from time to time. 651 | |
796 | + | (b) Commencing with retirements effective September 1, 2021, or 652 | |
797 | + | later, any amount in a retired member's rollover account shall be 653 | |
798 | + | distributed to such member in the form of an actuarially equivalent 654 | |
799 | + | annuity for life, using the annuity rates adopted by the board for the 655 | |
800 | + | selected retirement date and under the terms and conditions of the 656 | |
801 | + | payment plan option the member selected on his or her formal 657 | |
802 | + | application of retirement, as defined in section 10-183b of the general 658 | |
803 | + | statutes, as amended by this act. If such member dies prior to the date 659 | |
804 | + | of his or her retirement, the accumulated rollover funds shall be 660 | |
805 | + | distributed under the terms and conditions of the payment plan option 661 | |
806 | + | the member elected on such application. 662 Raised Bill No. 1080 | |
807 | + | ||
808 | + | ||
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812 | + | ||
813 | + | (c) The board shall adopt policies and procedures regarding the 663 | |
814 | + | prudent and efficient operation of rollover accounts established 664 | |
815 | + | pursuant to subsection (a) of this section, which shall include, but need 665 | |
816 | + | not be limited to, application and payment procedures for such 666 | |
817 | + | accounts. 667 | |
818 | + | (d) The funds in a member's rollover account shall be used only for 668 | |
819 | + | distributions in accordance with subsection (b) of this section. The funds 669 | |
820 | + | in such account may not be applied toward the purchase of additional 670 | |
821 | + | credited service pursuant to section 10-183e of the general statutes. No 671 | |
822 | + | interest shall be applied to any funds contained in a member's rollover 672 | |
823 | + | account. 673 | |
824 | + | (e) Rollover contributions made in accordance with this section shall 674 | |
825 | + | not be treated as contributions, as defined in section 10-183b of the 675 | |
826 | + | general statutes, as amended by this act, and the board shall not subject 676 | |
827 | + | such contributions to the limitations imposed under Section 415(c) of the 677 | |
828 | + | Internal Revenue Code of 1986, or any subsequent corresponding 678 | |
829 | + | internal revenue code of the United States, as amended from time to 679 | |
830 | + | time. 680 | |
831 | + | This act shall take effect as follows and shall amend the following | |
832 | + | sections: | |
833 | + | ||
834 | + | Section 1 July 1, 2021 10-183b | |
835 | + | Sec. 2 July 1, 2021 10-183f | |
836 | + | Sec. 3 July 1, 2021 10-183i(a) | |
837 | + | Sec. 4 July 1, 2021 10-183l | |
838 | + | Sec. 5 July 1, 2021 10-183p | |
839 | + | Sec. 6 July 1, 2021 10-183v | |
840 | + | Sec. 7 July 1, 2021 10-183y | |
841 | + | Sec. 8 July 1, 2021 10-183aa | |
842 | + | Sec. 9 July 1, 2021 New section | |
843 | + | ||
844 | + | APP Joint Favorable | |
760 | 845 |