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5 | 5 | | LCO No. 5568 1 of 8 |
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6 | 6 | | |
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7 | 7 | | General Assembly Raised Bill No. 1082 |
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8 | 8 | | January Session, 2021 |
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9 | 9 | | LCO No. 5568 |
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10 | 10 | | |
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11 | 11 | | |
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12 | 12 | | Referred to Committee on APPROPRIATIONS |
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13 | 13 | | |
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14 | 14 | | |
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15 | 15 | | Introduced by: |
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16 | 16 | | (APP) |
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17 | 17 | | |
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19 | 19 | | |
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20 | 20 | | |
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21 | 21 | | AN ACT CONCERNING A RETIRED TEACHER ADVI SORY COUNCIL, |
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22 | 22 | | THE MEMBERSHIP OF AN D TERM LIMITS FOR THE TEACHERS' |
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23 | 23 | | RETIREMENT BOARD, A CAP ON CERTAIN PROFE SSIONAL FEES |
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24 | 24 | | PAID BY THE BOARD, AND MEDICARE SUPPLEME NTAL PLANS |
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25 | 25 | | FOR RETIRED TEACHERS . |
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26 | 26 | | Be it enacted by the Senate and House of Representatives in General |
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27 | 27 | | Assembly convened: |
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28 | 28 | | |
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29 | 29 | | Section 1. (NEW) (Effective July 1, 2021) (a) There is established a 1 |
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30 | 30 | | Retired Teacher Advisory Council, which shall provide the Teachers' 2 |
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31 | 31 | | Retirement Board with input on all matters under the purview of the 3 |
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32 | 32 | | board that pertain to retired teachers. The advisory council shall include 4 |
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33 | 33 | | the following members, each appointed by the organization such 5 |
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34 | 34 | | member represents: (1) Two representing the Association of Retired 6 |
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35 | 35 | | Teachers of Connecticut; (2) two representing the CEA-Retired; (3) two 7 |
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36 | 36 | | representing the AFT-Retired; (4) two representing the Retired Teachers' 8 |
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37 | 37 | | Healthcare Advocates; and (5) one nonvoting member representing the 9 |
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38 | 38 | | Teachers' Retirement Board, who shall be a staff member of the board 10 |
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39 | 39 | | and who shall serve as the advisory council's liaison to the board. Each 11 |
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40 | 40 | | voting member shall be a retired teacher who is enrolled in a health 12 |
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41 | 41 | | benefit plan offered by the board. The advisory council shall elect a 13 |
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42 | 42 | | chairperson and secretary from among its members. 14 Raised Bill No. 1082 |
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43 | 43 | | |
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44 | 44 | | |
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45 | 45 | | |
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46 | 46 | | LCO No. 5568 2 of 8 |
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47 | 47 | | |
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48 | 48 | | (b) The advisory council shall meet in advance of each meeting of the 15 |
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49 | 49 | | board and provide written recommendations to the board through the 16 |
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50 | 50 | | liaison to the board. A representative of such council shall be allowed to 17 |
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51 | 51 | | speak during the public comment portion of any meeting of the board. 18 |
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52 | 52 | | (c) The board shall provide the following to the advisory council: (1) 19 |
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53 | 53 | | Materials related to health benefit plans offered by the board, including, 20 |
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54 | 54 | | but not limited to, advance copies of open enrollment materials, 21 |
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55 | 55 | | documents related to coverages and evaluations that are used for the 22 |
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56 | 56 | | development of requests for proposals, evaluations of health benefit 23 |
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57 | 57 | | plans and financial reports of the board; (2) materials related to 24 |
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58 | 58 | | communication channels and practices between the board and retired 25 |
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59 | 59 | | members; (3) copies of any legislative proposals submitted by the board 26 |
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60 | 60 | | that might affect retired members or the retirement benefits of future 27 |
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61 | 61 | | retired members; and (4) any other materials or information that the 28 |
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62 | 62 | | board believes may benefit from review by the advisory council. 29 |
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63 | 63 | | Sec. 2. Subsection (a) of section 10-183l of the general statutes is 30 |
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64 | 64 | | repealed and the following is substituted in lieu thereof (Effective from 31 |
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65 | 65 | | passage): 32 |
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66 | 66 | | (a) (1) On and after July 1, 1991, the management of the system shall 33 |
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67 | 67 | | continue to be vested in the Teachers' Retirement Board, whose 34 |
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68 | 68 | | members shall include the Treasurer, the Secretary of the Office of Policy 35 |
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69 | 69 | | and Management and the Commissioner of Education, or their 36 |
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70 | 70 | | designees, who shall be voting members of the board, ex officio. (2) On 37 |
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71 | 71 | | or before June 15, 1985, and quadrennially thereafter, the members of 38 |
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72 | 72 | | the system shall elect from their number, in a manner prescribed by said 39 |
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73 | 73 | | board, two persons to serve as members of said board for terms of four 40 |
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74 | 74 | | years beginning July first following such election. Both of such persons 41 |
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75 | 75 | | shall be active teachers who shall be nominated by the members of the 42 |
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76 | 76 | | system who are not retired and elected by all the members of the system. 43 |
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77 | 77 | | On or before July 1, 1991, and quadrennially thereafter, the members of 44 |
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78 | 78 | | the system shall elect from their number, in a manner prescribed by said 45 |
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79 | 79 | | board, three persons to serve as members of said board for terms of four 46 |
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80 | 80 | | years beginning July first following such election. Two of such persons 47 Raised Bill No. 1082 |
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81 | 81 | | |
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82 | 82 | | |
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83 | 83 | | |
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84 | 84 | | LCO No. 5568 3 of 8 |
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85 | 85 | | |
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86 | 86 | | shall be retired teachers who shall be nominated by the retired members 48 |
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87 | 87 | | of the system and elected by all the members of the system and one shall 49 |
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88 | 88 | | be an active teacher who shall be nominated by the members of the 50 |
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89 | 89 | | system who are not retired and elected by all the members of the system. 51 |
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90 | 90 | | (3) On or before July 1, 2011, and quadrennially thereafter, the members 52 |
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91 | 91 | | of the system shall elect from their number, in a manner prescribed by 53 |
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92 | 92 | | said board, one person to serve as a member of said board for a term of 54 |
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93 | 93 | | four years beginning July first following such election. Such person shall 55 |
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94 | 94 | | be an active teacher who shall be nominated by the members of the 56 |
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95 | 95 | | system who are not retired, elected by all the members of the system 57 |
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96 | 96 | | and a member of an exclusive representative of a teachers' bargaining 58 |
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97 | 97 | | unit that is not represented by the members of the board elected under 59 |
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98 | 98 | | subdivision (2) of this subsection. (4) On or before July 1, 2021, and 60 |
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99 | 99 | | quadrennially thereafter, the members of the system shall elect from 61 |
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100 | 100 | | their number, in a manner prescribed by said board, one person to serve 62 |
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101 | 101 | | as a member of said board for a term of four years beginning July first 63 |
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102 | 102 | | following such election. Such person shall be a retired teacher who is 64 |
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103 | 103 | | (A) a member of an organization composed exclusively of retired 65 |
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104 | 104 | | teachers that is not otherwise represented on the board, and (B) an 66 |
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105 | 105 | | enrollee of a health benefit plan offered by the board. Such person shall 67 |
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106 | 106 | | be nominated and elected by the retired members of the system. (5) If a 68 |
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107 | 107 | | vacancy occurs in the positions filled by the members of the system who 69 |
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108 | 108 | | are not retired, said board shall elect a member of the system who is not 70 |
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109 | 109 | | retired to fill the unexpired portion of the term. If a vacancy occurs in 71 |
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110 | 110 | | the positions filled by the retired members of the system, said board 72 |
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111 | 111 | | shall elect a retired member of the system to fill the unexpired portion 73 |
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112 | 112 | | of the term. The Governor shall appoint five public members to said 74 |
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113 | 113 | | board in accordance with the provisions of section 4-9a, one of whom 75 |
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114 | 114 | | shall be the mayor, first selectman or chief elected official of a 76 |
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115 | 115 | | municipality. On and after the effective date of this section, the 77 |
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116 | 116 | | Governor shall fill the next vacant position on the board that is 78 |
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117 | 117 | | appointed by the Governor with a person who is the mayor, first 79 |
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118 | 118 | | selectman or chief elected official of a municipality. The members of the 80 |
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119 | 119 | | board shall serve without compensation, but shall be reimbursed for any 81 |
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120 | 120 | | expenditures or loss of salary or wages which they incur through service 82 Raised Bill No. 1082 |
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121 | 121 | | |
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122 | 122 | | |
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123 | 123 | | |
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124 | 124 | | LCO No. 5568 4 of 8 |
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125 | 125 | | |
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126 | 126 | | on the board. No elected member of the board shall serve for more than 83 |
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127 | 127 | | twelve years, whether consecutively or nonconsecutively, except if a 84 |
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128 | 128 | | member completes a twelfth year during a term, such member may 85 |
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129 | 129 | | complete such term. All decisions of the board shall require the approval 86 |
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130 | 130 | | of six members of the board or a majority of the members who are 87 |
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131 | 131 | | present, whichever is greater. 88 |
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132 | 132 | | Sec. 3. Section 10-183t of the general statutes is repealed and the 89 |
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133 | 133 | | following is substituted in lieu thereof (Effective July 1, 2021): 90 |
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134 | 134 | | (a) The [retirement] board shall offer one or more health benefit plans 91 |
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135 | 135 | | to: Any member receiving retirement benefits or a disability allowance 92 |
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136 | 136 | | from the system; the spouse or surviving spouse of such member, and a 93 |
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137 | 137 | | disabled dependent of such member if there is no spouse or surviving 94 |
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138 | 138 | | spouse, provided such member, spouse, surviving spouse, or disabled 95 |
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139 | 139 | | dependent is participating in Medicare Part A hospital insurance and 96 |
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140 | 140 | | Medicare Part B medical insurance. The board may offer one or more 97 |
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141 | 141 | | basic plans, the cost of which to any such member, spouse, surviving 98 |
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142 | 142 | | spouse or disabled dependent shall be one-third of the basic plan's 99 |
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143 | 143 | | premium equivalent, and one or more optional plans, provided such 100 |
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144 | 144 | | member, spouse, surviving spouse or disabled dependent shall pay one-101 |
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145 | 145 | | third of the basic plan's premium equivalent plus the difference in cost 102 |
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146 | 146 | | between any such basic plans and any such optional plans. The board 103 |
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147 | 147 | | shall designate those plans which are basic and those plans which are 104 |
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148 | 148 | | optional for the purpose of determining such cost and the amount to be 105 |
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149 | 149 | | charged or withheld from benefit payments for such plans. In addition 106 |
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150 | 150 | | to any such basic and optional plans, the board shall offer a Medicare 107 |
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151 | 151 | | supplemental plan, which shall provide coverage substantially equal to 108 |
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152 | 152 | | or better than such basic and optional plans and include coverage 109 |
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153 | 153 | | consistent with all state insurance mandates. The surviving spouse of a 110 |
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154 | 154 | | member, or a disabled dependent of a member if there is no surviving 111 |
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155 | 155 | | spouse, shall not be ineligible for participation in any such plan solely 112 |
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156 | 156 | | because such surviving spouse or disabled dependent is not receiving 113 |
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157 | 157 | | benefits from the system. With respect to any person participating in 114 |
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158 | 158 | | any such plan, the state shall appropriate to the board one-third of the 115 |
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159 | 159 | | cost of such basic plan or plans, or one-third of the cost of the rate in 116 Raised Bill No. 1082 |
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160 | 160 | | |
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161 | 161 | | |
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162 | 162 | | |
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163 | 163 | | LCO No. 5568 5 of 8 |
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164 | 164 | | |
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165 | 165 | | effect during the fiscal year ending June 30, 1998, whichever is greater. 117 |
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166 | 166 | | On and after July 1, 2012, federal reimbursements received by the 118 |
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167 | 167 | | [retirement] board under the retiree drug subsidy provisions of 119 |
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168 | 168 | | Medicare Part D shall be used to offset amounts appropriated by the 120 |
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169 | 169 | | state to the board pursuant to this subsection. 121 |
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170 | 170 | | (b) Any member who is receiving retirement benefits or a disability 122 |
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171 | 171 | | allowance from the system, the spouse or surviving spouse of such 123 |
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172 | 172 | | member, or a disabled dependent of such member if there is no spouse 124 |
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173 | 173 | | or surviving spouse, and who is not participating in Medicare Part A 125 |
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174 | 174 | | hospital insurance and Medicare Part B medical insurance, may fully 126 |
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175 | 175 | | participate in any or all group health insurance plans maintained for 127 |
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176 | 176 | | active teachers by such member's last employing board of education, or 128 |
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177 | 177 | | by the state in the case of a member who was employed by the state, 129 |
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178 | 178 | | upon payment to such board of education or to the state, as applicable, 130 |
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179 | 179 | | by such member, spouse, surviving spouse or disabled dependent, of 131 |
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180 | 180 | | the premium charged for his form of coverage. Such premium shall be 132 |
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181 | 181 | | no greater than that charged for the same form of coverage for active 133 |
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182 | 182 | | teachers. The spouse, surviving spouse or disabled dependent shall not 134 |
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183 | 183 | | be ineligible for participation in any such plan solely because such 135 |
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184 | 184 | | spouse, surviving spouse or disabled dependent is not receiving 136 |
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185 | 185 | | benefits from the system. No person shall be ineligible for participation 137 |
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186 | 186 | | in such plans for failure to enroll in such plans at the time the member's 138 |
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187 | 187 | | retirement benefit or disability allowance became effective. Nothing in 139 |
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188 | 188 | | this subsection shall be construed to impair or alter the provisions of any 140 |
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189 | 189 | | collective bargaining agreement relating to the payment by a board of 141 |
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190 | 190 | | education of group health insurance premiums on behalf of any 142 |
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191 | 191 | | member receiving benefits from the system. Prior to the cancellation of 143 |
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192 | 192 | | coverage for any member, spouse, surviving spouse or disabled 144 |
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193 | 193 | | dependent for failure to pay the required premiums or cost due, the 145 |
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194 | 194 | | board of education or the state, if applicable, shall notify the Teachers' 146 |
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195 | 195 | | Retirement Board of its intention to cancel such coverage at least thirty 147 |
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196 | 196 | | days prior to the date of cancellation. Absent any contractual provisions 148 |
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197 | 197 | | to the contrary, the payments made pursuant to subsection (c) of this 149 |
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198 | 198 | | section shall be first applied to any cost borne by the member, spouse, 150 Raised Bill No. 1082 |
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199 | 199 | | |
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200 | 200 | | |
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201 | 201 | | |
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202 | 202 | | LCO No. 5568 6 of 8 |
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203 | 203 | | |
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204 | 204 | | surviving spouse or disabled dependent participating in any such plan. 151 |
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205 | 205 | | As used in this subsection, "last employing board of education" means 152 |
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206 | 206 | | the board of education by which such member was employed when 153 |
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207 | 207 | | such member filed his initial application for retirement, and "health 154 |
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208 | 208 | | insurance plans" means hospital, medical, major medical, dental, 155 |
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209 | 209 | | prescription drug or auditory benefit plans that are available to active 156 |
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210 | 210 | | teachers. 157 |
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211 | 211 | | (c) (1) On and after July 1, 2000, the board shall pay a subsidy equal 158 |
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212 | 212 | | to the subsidy paid in the fiscal year ending June 30, 2000, to the board 159 |
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213 | 213 | | of education or to the state, if applicable, on behalf of any member who 160 |
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214 | 214 | | is receiving retirement benefits or a disability allowance from the 161 |
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215 | 215 | | system, the spouse of such member, the surviving spouse of such 162 |
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216 | 216 | | member, or a disabled dependent of such member if there is no spouse 163 |
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217 | 217 | | or surviving spouse, who is participating in a health insurance plan 164 |
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218 | 218 | | maintained by a board of education or by the state, if applicable. Such 165 |
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219 | 219 | | payment shall not exceed the actual cost of such insurance. 166 |
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220 | 220 | | (2) With respect to any person participating in any such plan 167 |
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221 | 221 | | pursuant to subsection (b) of this section, the state shall appropriate to 168 |
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222 | 222 | | the board one-third of the cost of the subsidy, except that, for the fiscal 169 |
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223 | 223 | | year ending June 30, 2013, the state shall appropriate twenty-five per 170 |
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224 | 224 | | cent of the cost of the subsidy. On and after July 1, 2018, for the fiscal 171 |
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225 | 225 | | year ending June 30, 2019, and for each fiscal year thereafter, fifty per 172 |
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226 | 226 | | cent of the total amount appropriated by the state in each such fiscal 173 |
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227 | 227 | | year for the state's share of the cost of such subsidies shall be paid to the 174 |
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228 | 228 | | board on or before July first of such fiscal year, and the remaining fifty 175 |
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229 | 229 | | per cent of such total amount shall be paid to the board on or before 176 |
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230 | 230 | | December first of such fiscal year. 177 |
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231 | 231 | | (3) No payment to a board of education pursuant to this subsection 178 |
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232 | 232 | | may be used to reduce the amount of any premium payment on behalf 179 |
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233 | 233 | | of any such member, spouse, surviving spouse, or disabled dependent, 180 |
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234 | 234 | | made by such board pursuant to any agreement in effect on July 1, 1990. 181 |
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235 | 235 | | On and after July 1, 2012, the board shall pay a subsidy of two hundred 182 |
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236 | 236 | | twenty dollars per month on behalf of the member, spouse or the 183 Raised Bill No. 1082 |
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237 | 237 | | |
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238 | 238 | | |
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239 | 239 | | |
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240 | 240 | | LCO No. 5568 7 of 8 |
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241 | 241 | | |
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242 | 242 | | surviving spouse of such member who: (A) Has attained the normal 184 |
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243 | 243 | | retirement age to participate in Medicare, (B) is not eligible for Medicare 185 |
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244 | 244 | | Part A without cost, and (C) contributes at least two hundred twenty 186 |
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245 | 245 | | dollars per month towards his or her medical and prescription drug 187 |
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246 | 246 | | plan provided by the board of education. 188 |
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247 | 247 | | (d) The Treasurer shall establish a separate retired teachers' health 189 |
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248 | 248 | | insurance premium account within the Teachers' Retirement Fund. 190 |
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249 | 249 | | Commencing July 1, 1989, and annually thereafter all health benefit plan 191 |
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250 | 250 | | contributions withheld under this chapter in excess of five hundred 192 |
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251 | 251 | | thousand dollars shall, upon deposit in the Teachers' Retirement Fund, 193 |
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252 | 252 | | be credited to such account. Interest derived from the investment of 194 |
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253 | 253 | | funds in the account shall be credited to the account. Funds in the 195 |
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254 | 254 | | account shall be used for (1) payments to boards of education pursuant 196 |
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255 | 255 | | to subsection (c) of this section and for payment of premiums on behalf 197 |
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256 | 256 | | of members, spouses of members, surviving spouses of members or 198 |
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257 | 257 | | disabled dependents of members participating in one or more health 199 |
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258 | 258 | | insurance plans pursuant to subsection (a) of this section in an amount 200 |
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259 | 259 | | equal to the difference between the amount paid pursuant to subsection 201 |
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260 | 260 | | (a) of this section and the amount paid pursuant to subsection (c) of this 202 |
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261 | 261 | | section, and (2) payments of not more than one hundred fifty thousand 203 |
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262 | 262 | | dollars in any fiscal year for [professional] health care consultation fees 204 |
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263 | 263 | | associated with the administration of the health benefit plans offered 205 |
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264 | 264 | | pursuant to this section. Not later than August first, annually, the 206 |
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265 | 265 | | Teachers' Retirement Board shall report to all members in written form, 207 |
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266 | 266 | | and also in electronic form to each member for whom the board has an 208 |
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267 | 267 | | electronic mail address on file, a detailed accounting of payments made 209 |
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268 | 268 | | for professional fees during the previous fiscal year. If, during any fiscal 210 |
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269 | 269 | | year, there are insufficient funds in the account for the purposes of all 211 |
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270 | 270 | | such payments, the General Assembly shall appropriate sufficient funds 212 |
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271 | 271 | | to the account for such purpose. 213 |
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272 | 272 | | This act shall take effect as follows and shall amend the following |
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273 | 273 | | sections: |
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274 | 274 | | |
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275 | 275 | | Section 1 July 1, 2021 New section Raised Bill No. 1082 |
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276 | 276 | | |
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277 | 277 | | |
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278 | 278 | | |
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279 | 279 | | LCO No. 5568 8 of 8 |
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280 | 280 | | |
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281 | 281 | | Sec. 2 from passage 10-183l(a) |
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282 | 282 | | Sec. 3 July 1, 2021 10-183t |
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283 | 283 | | |
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284 | 284 | | Statement of Purpose: |
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285 | 285 | | To (1) establish a Retired Teacher Advisory Council for the Teachers' |
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286 | 286 | | Retirement Board; (2) require that an additional retired teacher be added |
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287 | 287 | | to the board's membership; (3) institute term limits for board members; |
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288 | 288 | | (4) cap the amount of certain professional fees paid by the board; and |
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289 | 289 | | (5) require that the board offer a Medicare supplemental plan to retired |
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290 | 290 | | teachers. |
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291 | 291 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
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292 | 292 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
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293 | 293 | | underlined.] |
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294 | 294 | | |
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