Sec. 7-436. Retirement benefits, monthly allowances.
Sec. 7-439b. Cost of living adjustment to retirement allowance.
Sec. 7-439d. Section 7-436 limitation not applicable.
Sec. 7-459b. Deferred retirement option plan.
Sec. 7-425. Definitions. The following words and phrases as used in this part, except as otherwise provided, shall have the following meanings:
(1) “Municipality” means any town, city, borough, school district, regional school district, taxing district, fire district, district department of health, probate district, housing authority, regional workforce development board established under section 31-3k, regional emergency telecommunications center, tourism district established under section 10-397, flood commission or authority established by special act or regional council of governments;
(2) “Participating municipality” means any municipality that has accepted this part, as provided in section 7-427;
(3) “Legislative body” means, for towns having a town council, the council; for other towns, the selectmen; for cities, the common council or other similar body of officials; for boroughs, the warden and burgesses; for regional school districts, the regional board of education; for district departments of health, the board of the district; for probate districts, the judge of probate; for regional councils of governments, the council; for regional emergency telecommunications centers, a representative board; for tourism districts, the board of directors of such tourism district; and in all other cases the body authorized by the general statutes or by special act to make ordinances for the municipality;
(4) “Retirement Commission” means the State Retirement Commission created by chapter 66;
(5) “Member” means any regular employee or elective officer receiving pay from a participating municipality, and any regular employee of a free public library that receives part or all of its income from municipal appropriation, who has been included by such municipality in the pension plan as provided in section 7-427, but shall not include any person who customarily works less than twenty hours a week if such person entered employment after September 30, 1969, any police officer or firefighter who will attain the compulsory retirement age after less than five years of continuous service in fund B, any teacher who is eligible for membership in the state teachers retirement system, any person eligible for membership in any pension system established by or under the authority of any special act or of a charter adopted under the provisions of chapter 99, or any person holding a position funded in whole or in part by the federal government as part of any public service employment program, on-the-job training program or work experience program, provided persons holding such federally funded positions on July 1, 1978, shall not be excluded from membership but may elect to receive a refund of their accumulated contributions without interest;
(6) “Pay” means the salary, wages or earnings of an employee, including any payments received pursuant to chapter 568 and the money value as determined by the Retirement Commission of any board, lodging, fuel or laundry provided for such employee by the municipality but not including any fees or allowances for expenses;
(7) “Fund” and “fund B” means the Connecticut Municipal Employees' Retirement Fund B;
(8) “Continuous service” and “service” means active service as a member, or active service prior to becoming a member if such service (A) was in a department for which participation was subsequently accepted and not subsequently withdrawn, (B) was continuous to the date of becoming a member except service for which credit is granted pursuant to section 7-436a, and (C) would have been as a member if the department had then been participating, all subject to the provisions of section 7-434;
(9) “Active service” means service with a participating municipality for which a member makes contributions pursuant to section 7-440;
(10) “Aggregate service” means active service plus any other form of service for which a member obtains credit under sections 7-427b, 7-436b, 7-442a and 7-442b;
(11) “System” means the Old Age and Survivors Insurance System under Title II of the Social Security Act, as amended;
(12) “Social Security Act” means the Act of Congress, approved August 14, 1935, Chapter 531, 49 Stat. 620, officially cited as the Social Security Act, including regulations and requirements issued pursuant thereto, as such act has been and may from time to time be amended;
(13) “Regional emergency telecommunications center” means any entity authorized by the Department of Emergency Services and Public Protection as a public safety answering point responsible for the receipt and processing of 9-1-1 calls for at least three municipalities.
(1949 Rev., S. 885; 1951, S. 403d; 1957, P.A. 13, S. 45; 447, S. 1; 1959, P.A. 152, S. 17; 360; 612, S. 1; 1963, P.A. 344, S. 1; February, 1965, P.A. 549, S. 1; 1969, P.A. 402, S. 1; 408; P.A. 73-302; P.A. 75-293, S. 1; P.A. 78-118, S. 1, 2; P.A. 80-100, S. 2; P.A. 86-243, S. 2, 10; P.A. 89-46, S. 1, 2; P.A. 93-356, S. 1; P.A. 97-152, S. 1; P.A. 00-162; P.A. 01-80, S. 5; June 30 Sp. Sess. P.A. 03-6, S. 236; P.A. 06-79, S. 4, 5; P.A. 07-217, S. 26; P.A. 10-32, S. 17; P.A. 11-51, S. 134; P.A. 13-163, S. 1; 13-247, S. 270; P.A. 21-40, S. 4; P.A. 23-182, S. 1.)
History: 1959 acts deleted references relating to counties, redefined “continuous service”, and included probate districts in definitions of “municipality” and “legislative body”; 1963 act included district departments of health in definitions of “municipality” and “legislative body”; 1965 act included regional planning agencies in definitions of “municipality” and “legislative body”; 1969 acts divided section into subdivisions, excluded persons working less than 20 hours a week employed after September 30, 1969, from consideration as “members” and redefined “service”; P.A. 73-302 distinguished between members of fund A and fund B in definition of “member”; P.A. 75-293 specified “active” service in definition of “continuous service”; P.A. 78-118 redefined “member” to include employees in public service, on-the-job training or work experience programs funded partly or wholly by federal government; P.A. 80-100 added exception to Subpara. (b) in definition of “continuous service”; P.A. 86-243 amended Subdiv. (6) to include workers' compensation payments within the definition of “pay”; P.A. 89-46 redefined “member” to mean only police officers or firefighters who will attain the compulsory retirement age after less than 15 years of service in fund A or after less than 10 years in fund B; P.A. 93-356 redefined “member” to exclude police officers and firefighters who reach compulsory retirement age after less than 15 years of participation in fund A, deleted the definition of “fund A”, redefined “fund” to refer exclusively to fund B, and renumbered remaining Subdivs. accordingly; P.A. 97-152 redefined “municipality” to include regional work force development boards; P.A. 00-162 added provisions re regional emergency telecommunications centers and tourism districts in Subdivs. (1) and (3) and added new Subdiv. (11) defining “regional emergency telecommunications center”; P.A. 01-80 amended Subdiv. (5) by replacing “ten years” with “five years” and making a technical change; June 30 Sp. Sess. P.A. 03-6 amended Subdiv. (1) to change section reference for tourism district, effective August 20, 2003; P.A. 06-79 redefined “municipality” to include regional school districts and redefined “legislative body” to include a regional board of education for a regional school district, effective July 1, 2006; P.A. 07-217 made technical changes in Subdiv. (3), effective July 12, 2007; P.A. 10-32 made a technical change in Subdiv. (3), effective May 10, 2010; pursuant to P.A. 11-51, “Department of Public Safety” was changed editorially by the Revisors to “Department of Emergency Services and Public Protection” in Subdiv. (11), effective July 1, 2011; P.A. 13-163 amended Subdiv. (11) by replacing “an entity” with “any entity” and replacing “the public safety answering point” with “a public safety answering point” in definition of “regional emergency telecommunications center”; P.A. 13-247 amended Subdiv. (1) by substituting “council of governments” for “planning agency” in definition of “municipality”, made a technical change in Subdiv. (2) and amended Subdiv. (3) by substituting “councils of governments” for “planning agencies” and “council” for “regional planning board” in definition of “legislative body”, effective January 1, 2015; P.A. 21-40 made a technical change in Subdiv. (1); P.A. 23-182 added new Subdivs. (9) and (10) defining “active service” and “aggregate service” and redesignated existing Subdivs. (9) to (11) as Subdivs. (11) to (13), effective June 27, 2023.
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Sec. 7-436. Retirement benefits, monthly allowances. (a) Members not covered by Social Security. After retirement, in accordance with the provisions of this part and except as provided in subsection (g) of this section, each member of the municipal employees' retirement system who is not covered by the Old Age and Survivors Insurance System shall receive, during such member's lifetime, a retirement allowance payable in monthly installments at an annual rate equal to one-twelfth of two per cent of the member's average annual pay for the three highest-paid years of service, multiplied by the number of months of such member's aggregate service.
(b) Members covered by Social Security who are not yet eligible to receive Social Security benefits. After retirement, in accordance with the provisions of this part and except as provided in subsection (h) of this section, each member of the municipal employees' retirement system who (1) is covered by the Old Age and Survivors Insurance System, (2) retires before attaining the age at which such member first becomes eligible to receive Social Security benefits, and (3) who has not qualified for a Social Security disability award, shall receive, until such member attains such age or qualifies for a Social Security disability award, if earlier, a retirement allowance payable in monthly installments at an annual rate equal to one-twelfth of two per cent of the member's average annual pay for the three highest-paid years of service, multiplied by the number of months of such member's aggregate service.
(c) Members eligible to receive Social Security benefits. On and after January 1, 2002, except as provided in subsection (h) of this section, the following formula shall be used for the purpose of calculating the monthly allowance of each member covered by the Old Age and Survivors Insurance System on the first of the month after such member attains the age at which such member first becomes eligible to receive Social Security benefits or qualifies for a Social Security disability award, if earlier: One-twelfth of one and one-half per cent of such member's average annual pay for the three highest-paid years of service up to the breakpoint for the year in which such member separated from service, plus one-twelfth of two per cent of such member's final average annual pay in excess of the breakpoint for the year in which such member separated from service, multiplied by such member's years of retirement credit and fractions thereof. Such allowance shall be reduced in recognition of any optional form of retirement income elected in accordance with section 7-439g. For the purposes of this section, “breakpoint” has the same meaning as “year's breakpoint” in section 5-192f.
(d) Disability retirees. Notwithstanding the provisions of subsections (a) to (c), inclusive, of this section, the retirement allowance for permanent and total disability arising out of and in the course of such member's employment, as defined in the Workers' Compensation Act, shall not be less than one-twelfth of one-half of the member's annual pay at the time such member's disability was incurred. Any amount or amounts received under the Workers' Compensation Act shall be deducted from such allowance, except that any member who has received a specific indemnity award under section 31-307 or 31-308 shall not have the amount of such indemnity award deducted from such member's allowance. The retirement allowance provided under this subsection shall be reduced by the amount of any retirement allowance concurrently payable under the provisions of section 7-431, and by the amount of any retirement allowance concurrently payable by the state employees' retirement system or the retirement system of any municipality not participating under the provisions of this part, on account of a period of service for which credit has been transferred to the Municipal Employees' Retirement Fund under the provisions of section 7-442b, or the monthly equivalent thereof if payable other than monthly. No retirement allowances under this section, before the reduction prescribed in the preceding sentence plus workers' compensation payments and benefits under the Old Age and Survivors Insurance System on account of service in a participating municipality, if any, shall exceed one-twelfth of the member's average annual pay during the three highest-paid years of municipal service, and, subject to the foregoing maximum limit, no such allowance plus payments shall be less than one thousand dollars annually.
(e) Additional cost of living allowances for certain retirees. Each employee or spouse of a deceased employee retired under the Municipal Employees' Retirement Act Fund B prior to July 1, 1971, shall be entitled, in addition to his or her original monthly retirement allowance, to an additional cost of living monthly allowance computed on the basis of his or her monthly retirement allowance, less any prior cost of living increases to which he or she was previously entitled, using the table in subdivision (1) of this subsection.
(1) Such cost of living allowances shall commence on July 1, 1973, and shall be computed at the rates set forth in the following table:
Fiscal Year |
Rates % |
1949 |
40.0 |
1950 |
42.7 |
1951 |
41.2 |
1952 |
33.9 |
1953 |
30.9 |
1954 |
30.4 |
1955 |
30.0 |
1956 |
30.4 |
1957 |
28.3 |
1958 |
24.8 |
1959 |
21.9 |
1960 |
21.1 |
1961 |
19.5 |
1962 |
18.1 |
1963 |
16.8 |
1964 |
15.1 |
1965 |
14.6 |
1966 |
14.1 |
1967 |
12.9 |
1968 |
6.0 |
1969 |
4.0 |
1970 |
4.0 |
1971 |
4.0 |
(2) The limitation of the maximum retirement allowance provided in subsection (a) of this section shall not be applicable to increases under this subsection.
(f) Part-time employees. For purposes of determining eligibility for retirement benefits for part-time employees under this section, a member's part-time service shall be payable to a member whose service consists solely of part-time service without variation in the number of hours worked during all periods of his municipal service, such member's service shall be treated as full-time service. For purposes of computing the retirement benefit payable to a member whose service consists of part-time and full-time service or whose service consists of part-time service rendered in different proportions to a full-time schedule, such member's years of service and average salary shall be proportionately adjusted to produce a retirement benefit equivalent to that payable if his service had been rendered at an unvarying rate. As used in this subsection, “part-time service” means service by a member who customarily works less than a full-time schedule but no less than twenty hours per week.
(g) Certain members not covered by Social Security who satisfy additional age and service requirements. (1) The provisions of this subsection shall apply only to members of the municipal employees' retirement system who (A) are not covered by the Old Age and Survivors Insurance System, and (B) retire on or after July 1, 2025, after (i) attaining the age of sixty years and completing at least thirty years of aggregate service, or (ii) attaining the age of fifty-five years and completing at least twenty-seven years of active service as a member of a paid municipal fire department or as a regular member of a paid municipal police department.
(2) The monthly allowance for each such member shall be equal to the sum of subparagraphs (A) and (B) of this subdivision as follows: (A) One-twelfth of two per cent of such member's average annual pay for the three highest-paid years of service, multiplied by three hundred sixty or, for a member of a municipal fire or police department, by three hundred twenty-four; and (B) one-twelfth of two and two-tenths per cent of such member's average annual pay for the three highest-paid years of service, multiplied by the number of months of the member's aggregate service in excess of three hundred sixty or, for a member of a municipal fire or police department, in excess of three hundred twenty-four.
(h) Certain members covered by Social Security who satisfy additional age and service requirements. (1) The provisions of this subsection shall apply only to members of the municipal employees' retirement system who (A) are covered by the Old Age and Survivors Insurance System, and (B) retire on or after July 1, 2025, after (i) attaining the age of sixty years and completing at least thirty years of aggregate service, or (ii) attaining the age of fifty-five years and completing at least twenty-seven years of active service as a member of a paid municipal fire department or as a regular member of a paid municipal police department.
(2) For a member who retires before attaining the age at which such member first becomes eligible to receive Social Security benefits and who has not qualified for a Social Security disability award, the monthly allowance for each such member until such member attains such age or qualifies for a Social Security disability award, if earlier, shall be equal to the sum of subparagraphs (A) and (B) of this subdivision as follows: (A) One-twelfth of two per cent of such member's average annual pay for the three highest-paid years of service, multiplied by three hundred sixty or, for a member of a municipal fire or police department, by three hundred twenty-four; and (B) one-twelfth of two and two-tenths per cent of such member's average annual pay for the three highest-paid years of service, multiplied by the number of months of the member's aggregate service in excess of three hundred sixty or, for a member of a municipal fire or police department, in excess of three hundred twenty-four.
(3) For a member who attains the age at which such member first becomes eligible to receive Social Security benefits or qualifies for a Social Security disability award, if earlier, the monthly allowance for each such member shall be equal to the sum of subparagraphs (A) and (B) of this subdivision as follows: (A) One-twelfth of one and one-half per cent of such member's average annual pay for the three highest-paid years of service up to the breakpoint for the year in which such member separated from service, plus one-twelfth of two per cent of such member's average annual pay for the three highest-paid years of service in excess of the breakpoint for the year in which such member separated from service, multiplied by three hundred sixty or, for a member of a municipal fire or police department, by three hundred twenty-four; and (B) one-twelfth of one and seven-tenths per cent of such member's average annual pay for the three highest-paid years of service up to the breakpoint for the year in which such member separated from service, plus one-twelfth of two and two-tenths per cent of such member's average annual pay for the three highest-paid years of service in excess of the breakpoint for the year in which such member separated from service, multiplied by the number of months of the member's aggregate service in excess of three hundred sixty or, for a member of a municipal fire or police department, in excess of three hundred twenty-four.
(1957, P.A. 447, S. 7; 1959, P.A. 316; 471, S. 2; 1967, P.A. 547, S. 1; 722, S. 1; 1969, P.A. 406; 1971, P.A. 644, S. 2; P.A. 73-619, S. 1, 3; P.A. 75-293, S. 5; P.A. 76-314; P.A. 77-102, S. 1, 2; P.A. 79-376, S. 14; P.A. 84-106, S. 3; P.A. 86-243, S. 1, 10; P.A. 93-356, S. 6; P.A. 01-80, S. 3; P.A. 07-217, S. 27; P.A. 23-182, S. 2.)
History: 1959 acts provided for computation of retirement benefits on basis of five highest-paid years of municipal service rather than five years immediately preceding retirement and included benefits under old age and survivors insurance system in restriction on maximum allowance payable; 1967 acts based calculations on three highest-paid years rather than five highest-paid years and added provision concerning benefits for fund B members retired before January 1, 1960; 1969 act deleted provisions concerning temporary retirement allowances; 1971 act simplified description of formula; P.A. 73-619 added Subsecs. (b) and (c) re cost-of-living increases and benefits for retirees whose municipalities later join fund B; P.A. 75-293 replaced “three highest-paid years of service” in Subdiv. (1) with “last ten years of service”; P.A. 76-314 amended Subsec. (c) to include members of fund B as well as retirees whose municipality transfers to fund B and added reference to Sec. 7-436a; P.A. 77-102 amended Subsec. (a) replacing “is not so derived” with “exceeds the average obtained in Subdivision (1)”; P.A. 79-376 substituted “workers' compensation” for “workmen's compensation”; P.A. 84-106 amended Subsec. (a) to provide that any workers' compensation specific indemnity award shall not be deducted from the member's retirement allowance; P.A. 86-243 amended Subsec. (a) to equalize the percentage of pay used to calculate benefits for all service years and to provide that a member's retirement allowance, plus workers' compensation and Social Security benefits, may not exceed 100%, instead of 75%, of his average annual pay and added Subsec. (d), establishing how part-time service shall be treated for benefit eligibility and calculation purposes; P.A. 93-356 amended Subsec. (c) to exclude retirees whose municipality transfers to fund B; P.A. 01-80 added new Subsec. (e) re formula for calculating the monthly allowance of each member covered by the Old Age and Survivors Insurance System; P.A. 07-217 made technical changes in Subsecs. (a) and (b), effective July 12, 2007; P.A. 23-182 amended Subsec. (a) to replace provisions re monthly retirement allowance with provisions re monthly retirement allowance for members not covered by Old Age and Survivors Insurance System and redesignate provisions re disability retirees as Subsec. (d) and make technical and conforming changes therein, added new Subsec. (b) re members covered by Old Age and Survivors Insurance System who retire before being eligible to receive Social Security benefits, added new Subsec. (c) re members covered by Old Age and Survivors Insurance System who are eligible to receive Social Security benefits, redesignated former Subsecs. (b) and (d) as Subsecs. (e) and (f), deleted former Subsec. (c) re allowance increase and former Subsec. (e) re monthly allowance for members covered by Old Age and Survivors Insurance System who are eligible to receive Social Security benefits, and added Subsecs. (g) and (h) re monthly allowances for members who satisfy additional age and service requirements, effective June 27, 2023.
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Sec. 7-439b. Cost of living adjustment to retirement allowance. (a) On July 1, 1986, and on July first of each subsequent year the State Retirement Commission shall adjust the retirement allowance of each member of the Municipal Employees' Retirement Fund and any annuitant who is receiving benefits under the provisions of this part to include a cost of living increase. There shall be an annual actuarial determination of the increase by determining the annual yield on the assets of the fund. In determining the yield, the actuary shall use an adjusted asset value, such that the market values of assets are adjusted to recognize a portion of realized and unrealized gains or losses each year until fully recognized. The amount of the increase, as a percentage of retirement allowance, shall be the excess of the annual yield over a six per cent yield, provided no increase granted under the provisions of this section shall be less than three per cent nor more than five per cent. Each such member shall receive the increases beginning on the first July first following the member's sixty-fifth birthday. Each such annuitant shall receive the increases beginning on the first July first following the date the deceased member would have reached the age of sixty-five. Any member who retired for disability under the provisions of section 7-432 shall receive the increases beginning July 1, 1986.
(b) (1) Notwithstanding any provision of the general statutes:
(A) Each member of the Municipal Employees' Retirement Fund who retires prior to January 1, 2002, and has not attained age sixty-five shall receive on July 1, 2002, and on July first of each subsequent year a cost of living increase equal to two and one-half per cent. In the event that a member who retires prior to January 1, 2002, becomes deceased, such cost of living increase shall be applied to the allowance of the annuitant, if any. The cost of living increase provided for in this subsection shall continue until the July first following the member's sixty-fifth birthday, at which point the formula set forth in subsection (a) of this section shall become operative;
(B) Each member of the Municipal Employees' Retirement Fund who retires on or after January 1, 2002, and prior to July 1, 2025, shall receive a cost of living increase beginning on the first July first following such member's retirement date and on each subsequent July first. Such increase shall be not less than two and one-half per cent and not more than six per cent, based upon the following formula: Sixty per cent of the annual increase in the consumer price index for urban wage earners and clerical workers for the immediately preceding twelve-month period up to six per cent, plus seventy-five per cent of the annual increase in such index for the same period over six per cent. In the event a member who retires on or after January 1, 2002, and prior to July 1, 2025, becomes deceased, such cost of living adjustment shall be applied to the allowance of the annuitant, if any;
(C) Each member of the Municipal Employees' Retirement Fund who retires on or after July 1, 2025, and prior to July 1, 2026, shall receive a cost of living adjustment beginning on the first July first following the completion of twelve months of retirement and on each subsequent July first. Such increase shall be not less than two per cent and not more than seven and one-half per cent, based upon the following formula: Sixty per cent of the annual increase in the consumer price index for urban wage earners and clerical workers for the immediately preceding twelve-month period up to six per cent, plus seventy-five per cent of the annual increase in such index for the same period over six per cent. In the event a member who retires on or after January 1, 2025, and prior to July 1, 2026, becomes deceased, such cost of living adjustment shall be applied to the allowance of the annuitant, if any;
(D) Each member of the Municipal Employees' Retirement Fund who retires on or after July 1, 2026, and prior to July 1, 2027, shall receive a cost of living adjustment beginning on the first July first following the completion of twelve months of retirement and on each subsequent July first. Such increase shall be not less than one and one-half per cent and not more than seven and one-half per cent, based upon the following formula: Sixty per cent of the annual increase in the consumer price index for urban wage earners and clerical workers for the immediately preceding twelve-month period up to six per cent, plus seventy-five per cent of the annual increase in such index for the same period over six per cent. In the event a member who retires on or after January 1, 2026, and prior to July 1, 2027, becomes deceased, such cost of living adjustment shall be applied to the allowance of the annuitant, if any;
(E) Each member of the Municipal Employees' Retirement Fund who retires on or after July 1, 2027, and prior to July 1, 2028, shall receive a cost of living adjustment beginning on the first July first following the completion of twelve months of retirement and on each subsequent July first. Such increase shall be not less than one per cent and not more than seven and one-half per cent, based upon the following formula: Sixty per cent of the annual increase in the consumer price index for urban wage earners and clerical workers for the immediately preceding twelve-month period up to six per cent, plus seventy-five per cent of the annual increase in such index for the same period over six per cent. In the event a member who retires on or after January 1, 2027, and prior to July 1, 2028, becomes deceased, such cost of living adjustment shall be applied to the allowance of the annuitant, if any;
(F) Each member of the Municipal Employees' Retirement Fund who retires on or after July 1, 2028, and prior to July 1, 2029, shall receive a cost of living adjustment beginning on the first July first following the completion of twelve months of retirement and on each subsequent July first. Such increase shall be not less than one-half per cent and not more than seven and one-half per cent, based upon the following formula: Sixty per cent of the annual increase in the consumer price index for urban wage earners and clerical workers for the immediately preceding twelve-month period up to six per cent, plus seventy-five per cent of the annual increase in such index for the same period over six per cent. In the event a member who retires on or after January 1, 2028, and prior to July 1, 2029, becomes deceased, such cost of living adjustment shall be applied to the allowance of the annuitant, if any;
(G) Each member of the Municipal Employees' Retirement Fund who retires on or after July 1, 2029, shall receive a cost of living adjustment beginning on the first July first following the completion of twelve months of retirement and on each subsequent July first. If the national consumer price index for urban wage earners and clerical workers increases by two per cent or less for the twelve-month period immediately preceding any such adjustment, such adjustment shall equal the actual percentage change in such index. If the national consumer price index for urban wage earners and clerical workers increases by more than two per cent for the twelve-month period immediately preceding any such adjustment, such adjustment shall be equal to the higher of (1) two per cent, or (2) sixty per cent of the amount of such increase for the first six per cent plus seventy-five per cent of the amount of such increase over six per cent, provided any such adjustment shall not exceed seven and one-half per cent. In the event a member who retires on or after July 1, 2029, becomes deceased, such cost of living adjustment shall be applied to the allowance of the annuitant, if any.
(2) The provisions of this subsection do not apply to members who retired under the provisions of section 7-432.
(P.A. 77-584, S. 1, 5; P.A. 79-305, S. 1, 4; P.A. 80-37, S. 1, 3; P.A. 81-112; P.A. 82-472, S. 19, 182, 183; P.A. 83-3, S. 2, 5; 83-383, S. 1, 2; P.A. 86-243, S. 4, 10; P.A. 88-149, S. 2, 5; P.A. 93-356, S. 9; P.A. 01-80, S. 4; P.A. 23-182, S. 3.)
History: P.A. 79-305 added Subsec. (b) re adjustments in benefits to provide 3% cost-of-living increase; P.A. 80-37 added reference to July 1, 1981; P.A. 81-112 added Subsec. (c) re annual cost of living increases beginning July 1, 1982; P.A. 82-472 repealed P.A. 81-112 (which was codified as Subsec. (c)) re cost-of-living increases effective on July 1, 1982 and thereafter; P.A. 83-3 inserted new Subsec. (c) re cost-of-living adjustments in retirement allowances, incorrectly repealed by authority of P.A. 82-472; P.A. 83-383 amended Subsec. (c) to provide for a mandatory annual cost-of-living adjustment for all recipients, beginning July 1, 1983, replacing former limited applicability, and imposed 3% minimum for increase amount; P.A. 86-243 deleted obsolete language, clarified the procedure for calculating the cost-of-living adjustment annually, and specifically provided for the funding of any liability caused by the payment of the mandatory minimum adjustment; P.A. 88-149 substituted “annuitant” for “spouse”; P.A. 93-356 deleted provisions re adjustments to municipalities' past service amortizations to fund liability resulting from cost-of-living increases provided to members receiving retirement allowances; P.A. 01-80 designated existing language as Subsec. (a) and added Subsec. (b) re certain members who retire on or after January 1, 2002, and Subsec. (c) re certain members who have retired prior to January 1, 2002, and have not attained age 65; P.A. 23-182 amended Subsec. (b) to add Subdiv. designator (1), add provision re member who retires prior to January 1, 2002, and has not attained age 65 as Subpara. (A), redesignate existing provision re member who retires on or after January 1, 2002, as Subpara. (B) and add “and prior to July 1, 2025,”, add Subparas. (C) to (G) re cost of living adjustments for members who retire on or after July 1, 2025, and redesignate existing provision re inapplicability to members who retired under provisions of Sec. 7-432 as Subdiv. (2), and deleted former Subsec. (c) re member who retires prior to January 1, 2002, and has not attained age 65, effective June 27, 2023.
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Sec. 7-439d. Section 7-436 limitation not applicable. The limitation of the maximum retirement allowance provided in subsection (d) of section 7-436, shall not be applicable to increases under sections 7-439b, and 7-439c.
(P.A. 77-584, S. 3, 5; P.A. 93-356, S. 10; P.A. 02-89, S. 9; P.A. 23-182, S. 4.)
History: P.A. 93-356 deleted a reference to Sec. 7-435 re cost-of-living adjustments for fund A members; P.A. 02-89 replaced reference to Sec. 7-439e with reference to Sec. 7-439d, reflecting the repeal of Sec. 7-439e by the same public act; P.A. 23-182 replaced reference to Sec. 7-436(a) with reference to Sec. 7-436(d) and reference to Secs. 7-439b to 7-439d with reference to Secs. 7-439b and 7-439c, effective June 27, 2023.
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Sec. 7-459b. Deferred retirement option plan. (a) On or after July 1, 2025, the Retirement Commission may create a deferred retirement option plan and prescribe the manner in which such option plan may be offered to members by a municipality participating in the Municipal Employees' Retirement Fund. Any plan created shall permit members of the Municipal Employees' Retirement Fund who are eligible for a service retirement allowance to elect participation in such plan.
(b) Any deferred retirement option plan created shall include a fixed period of time for member participation, not to exceed five years, and a specified rate of interest credit for member accounts. All other provisions of the deferred retirement option plan shall be as determined by the Retirement Commission, provided the structure of such plan is certified by the consulting actuary to the Municipal Employees' Retirement Fund as having no anticipated impact that would increase the contribution rates for municipalities participating in said fund. Not later than four years after the creation of such plan, the Retirement Commission shall obtain an evaluation of such plan from the consulting actuary and review and assess such evaluation to determine the cost to the fund associated with such plan. After receiving such evaluation, the Retirement Commission may discontinue such plan.
(P.A. 00-73, S. 1, 2; 00-192, S. 98, 102; P.A. 23-182, S. 5.)
History: P.A. 00-73 and P.A. 00-192 effective July 1, 2000 (Revisor's note: Sec. 1 of P.A. 00-73 and Sec. 98 of P.A. 00-192 are, for the most part, identical except that P.A. 00-192 includes a provision in Subsec. (a) authorizing the Retirement Commission to “prescribe the manner in which such option plan may be adopted by a municipality participating in the Municipal Employees' Retirement Fund, provided the method of adoption is in accordance with subsection (c) of this section” which is not found in P.A. 00-73, and further differs from P.A. 00-73 in Subsec. (c) in providing for adoption “in a manner prescribed by the Retirement Commission” where P.A. 00-73 provides for adoption “by a majority vote of the local legislative body”. The later act, P.A. 00-192, was deemed by the Revisors to have repealed by implication the conflicting earlier provision enacted in P.A. 00-73); P.A. 23-182 amended Subsec. (a) to replace “July 1, 2000” with “July 1, 2025” and provisions re adoption of deferred retirement option plan by participating municipalities with provisions re offering of such plan to members by such municipalities, amended Subsec. (b) to replace reference to impact on contribution rates with reference to impact that would increase contribution rates, add provisions re evaluation by Retirement Commission of deferred retirement option plan and authorization for commission to discontinue such plan, and make conforming changes, and deleted former Subsec. (c) re municipal adoption of deferred retirement option plan, effective June 27, 2023.
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Sec. 7-464b. Agreements between municipalities and public school operators to provide employee medical or health care benefits. (a) Subject to the provisions of subsection (b) of this section, and the provisions of any collective bargaining agreement, a municipality or a public school operator may join together with any combination of other municipalities and public school operators by written agreement as a single entity for the purpose of providing medical or health care benefits for their employees. Such written agreement shall establish the membership of such group, the duration of such benefits plan, requirements regarding payment for such benefits plan and the procedures for a municipality or public school operator to withdraw from such group and terminate such benefits plan. Such agreement shall not constitute a multiple employer welfare arrangement, as defined in Section 3 of the Employee Retirement Income Security Act of 1974, as amended from time to time. Any group established pursuant to this section shall not be deemed a fictitious group. As used in this section, “municipality” means any town, city or borough, consolidated town and city, consolidated town and borough or any district, as defined in section 7-324; and “public school operator” means a local or regional board of education, a regional educational service center, the governing council of a state or local charter school, or an operator of an interdistrict magnet school program, as described in section 10-264l.
(b) Before a municipality or a public school operator may enter into an agreement described in subsection (a) of this section, the legislative body of a municipality shall approve such an agreement in cases where: (1) There is an existing arrangement between a municipality and the public school operator serving such municipality for the provision of medical or health care benefits to the employees of both the municipality and the public school operator serving such municipality; or (2) a municipality and the public school operator serving such municipality have separate medical or health care benefits plans for their respective employees and both such benefits plans are paid for by the general fund of the municipality.
(P.A. 10-174, S. 1; P.A. 11-67, S. 3; P.A. 23-160, S. 42.)
History: P.A. 11-67 amended Subsec. (a) to redefine “municipality” by adding “any district, as defined in section 7-324”; P.A. 23-160 replaced references to boards of education with references to public school operator throughout and amended Subsec. (a) to define “public school operator”, effective July 1, 2023.
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