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General Assembly Raised Bill No. 5172
February Session, 2022
LCO No. 1259
Referred to Committee on PLANNING AND DEVELOPMENT
Introduced by:
(PD)
AN ACT CONCERNING REEMPLOYMENT AND THE MUNICIPAL
EMPLOYEES' RETIREMENT SYSTEM.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 7-438 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2022): 2
(a) Any member retired under this part who again accepts 3
employment from [this] the state or from any municipality of [this] the 4
state other than a participating municipality, shall continue to receive 5
his or her retirement allowance while so employed, and shall be eligible 6
to participate, and shall be entitled to credit, in the state retirement 7
system for the period of such state employment, but [any such member] 8
he or she shall not be eligible to participate or be entitled to credit in any 9
municipal retirement system for the period of such municipal 10
employment. 11
(b) If a member is retired under this part and again accepts 12
employment from the same municipality from which he or she was 13
retired or any other participating municipality, he or she shall be eligible 14
to participate, and shall be entitled to credit, in the municipal employees' 15 Raised Bill No. 5172
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retirement system for the period of such municipal employment. Such 16
member shall receive no retirement allowance while so employed 17
except if (1) such employment is for less than twenty hours per week, 18
[or] (2) his or her services are rendered for not more than ninety working 19
days in any one calendar year, provided [that] any member reemployed 20
for a period of more than ninety working days in one calendar year shall 21
reimburse the Municipal Employees' Retirement Fund for retirement 22
income payments received during such ninety working days, or (3) such 23
member does not participate in the municipal employees' retirement 24
system during the period of his or her retirement. 25
(c) Notwithstanding the provisions of subsections (a) and (b) of this 26
section, if a uniformed member of a paid municipal fire department or 27
regular member of a paid municipal police department is retired under 28
this part and subsequently accepts employment in a public safety 29
position from any school district or regional school district, which 30
district is a participating municipality, he or she shall continue to receive 31
his or her retirement allowance while so subsequently employed, but he 32
or she shall not be eligible to further participate or be entitled to 33
additional credit in the municipal employees' retirement system for the 34
period of such subsequent employment. 35
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2022 7-438
Statement of Purpose:
To (1) create an exception to the prohibition on retired members of the
municipal employees' retirement system from receiving retirement
allowances upon reemployment by a municipality for members who do
not participate in the municipal employees' retirement system during
such period of reemployment, and (2) permit retired public safety
personnel to receive retirement allowances, but not credit in a municipal
pension system, if such personnel are employed by a local or regional
board of education in a public safety capacity after retirement. Raised Bill No. 5172
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[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]