§ 10-183j — Benefit options. Period certain. Coparticipant's option. Retention of option after divorce.

Connecticut § 10-183j

• Jurisdiction: Connecticut
• Title 10: Education and Culture
• Ch. 167a: Teachers' Retirement System

Text

(a) A member shall elect one of the benefit options described in this section. A member may amend or revoke such benefit option election by delivering written notice, signed by the member and notarized, to the board prior to the date of the member's retirement. A member's benefit option election may not be amended or revoked after the member's date of retirement. (b) A member may elect the Plan N single life option. A member electing this option shall receive benefits as described in section 10-183g . (c) A member may elect the Plan C period certain option. A member electing this option shall receive an actuarially reduced benefit for a fixed period of time selected by such member. Such member may select a fixed period of twenty-five years or such shorter period as the board may offer. If such member dies before receiving the benefit for the selected period, such benefit shall be paid to the member's designated beneficiary for the remainder of such period. If such member's designated beneficiary dies before such member, or if such member has no designated beneficiary and such member dies before receiving the benefit for the selected period, any remaining benefit shall be paid to such member's estate as a commuted value. If there are multiple designated beneficiaries and a designated beneficiary dies before the end of the selected period, the deceased designated beneficiary's remaining benefit shall be allocated equally to the remaining living designated beneficiaries. If a sole designated beneficiary dies before the end of such period, any remaining benefit shall be paid to the designated beneficiary's estate as a commuted value. (d) (1) A member may elect the Plan D coparticipant's option. A member electing this option shall receive an actuarially reduced benefit as described in subdivision (2) of this subsection and, upon such member's death, one-third, one-half, two-thirds, three-fourths or all of such benefit shall be paid to such member's designated beneficiary for life. Any member who elects this option shall select one designated beneficiary, who shall be such member's coparticipant. The member's selection of a designated beneficiary shall be irrevocable and shall terminate only as provided in this subsection. With respect to any benefits which become effective on or after January 1, 2001, if twenty-five per cent of the aggregate benefits paid to the member or such member's designated beneficiary are, upon the death of such member or such designated beneficiary, less than such member's accumulated contributions plus credited interest, the estate of such member or such designated beneficiary, as appropriate, shall be paid a lump sum amount equal to the difference between such aggregate benefits paid and such accumulated contributions plus credited interest. (2) The benefits payable to a member electing the Plan D coparticipant's option and such member's coparticipant shall be computed as follows: (A) The benefit payable to such member at retirement and to such coparticipant upon such member's death shall be the actuarial equivalent of the normal, early, proratable or deferred vested benefit for which such member is eligible and based upon such member's age at retirement and the age of such coparticipant on such retirement date. In the event the member predeceases the coparticipant, upon the death of the coparticipant, any remaining value in the account shall be paid in a lump sum to the coparticipant's estate. In the event (i) the coparticipant predeceases the member, (ii) the member and the coparticipant divorce, or (iii) the member and the coparticipant legally separate on or after July 1, 2020, the member's actuarially reduced benefit shall revert to an unreduced benefit under Plan N and, upon the member's death, any remaining value in the member's account shall be paid to the member's designated beneficiary, if any, or, if there is no designated beneficiary, to the member's estate. (B) (i) Except as provided in this subparagraph, a coparticipant option shall be terminated, for any member whose designated coparticipant dies or is divorced from the member after the member's retirement, on the date of such death or divorce. Such member shall thereupon be paid the normal, early or proratable retirement benefit for which the member is eligible. (ii) On and after July 1, 2016, upon the divorce of a member and the member's designated coparticipant or upon the legal separation of a member and such member's designated coparticipant occurring on or after July 1, 2020, and subsequent to the member's retirement, the member may retain the coparticipant designation and the coparticipant option elected at the time of retirement by filing a domestic relations order with the board.

Legislative History

(P.A. 78-208, S. 9, 35; P.A. 82-229, S. 1, 2; 82-401, S. 2, 5; P.A. 83-315, S. 1, 2; 83-449, S. 2, 5; P.A. 98-251, S. 3, 7; P.A. 00-187, S. 64, 75; P.A. 16-91, S. 1; P.A. 22-118, S. 177.) History: P.A. 82-229 amended Subsec. (d) to provide that in the event of the death of a designated coparticipant or the divorce of a designated coparticipant from the member prior to retirement or death of member, but after effective date of option, no reduction in member's benefit will be made, and to provide that coparticipant's death or divorce from member, after member's retirement, terminates option without penalty to member; P.A. 82-401 amended Subsec. (d) to provide for computation of benefit based on eligibility and age of member and coparticipant at the date of the member's retirement or death and not the date on which the option becomes effective; P.A. 83-315 amended Subsec. (c) to change the effective date of the option from three years to one year after the filing of such election or evidence of good health is submitted; P.A. 83-449 amended Subsec. (a) to repeal provision that in lieu of a “disability” benefit, a member may elect either of options in Subsecs. (b) and (c); P.A. 98-251 amended Subsec. (c) to delete provisions that specifying that only member's spouse, dependent parent, brother or sister may be designated as coparticipant, that option shall not become effective until one year after filing of such election or evidence of good health is submitted, that if member dies or member's application for retirement becomes effective before effective date of option, such option will not become effective and that if member dies after effective date of such election, but before retirement, option will be effective only if member at time of his death fulfilled age and service requirements for normal, early or proratable benefits, effective June 8, 1998; P.A. 00-187 amended Subsec. (c) to add provision concerning lump sum payments, effective July 1, 2000; P.A. 16-91 amended Subsec. (d) by deleting reference to disability benefit in Subdivs. (1) and (3), and by designating existing provisions re coparticipant option as Subpara. (A) and amending same to add reference to exception in Subpara. (B), deleting provision re benefit payable to member whose designated coparticipant dies or is divorced from member and adding provision re member to retain coparticipant designation and coparticipant option after divorce by filing qualified domestic relations order with board in Subdiv. (3), effective July 1, 2016; P.A. 22-118 substantially amended Subsec. (a) including to replace “may” with “shall” and to add provision re member amending or revoking benefit option, added new Subsec. (b) re election of Plan N single life option, redesignated existing Subsec. (b) as new Subsec. (c) and substantially amended same including to add reference to Plan C and to add provisions re death of beneficiary before member, redesignated existing Subsec. (c) as new Subsec. (d)(1) and amended same to add reference to Plan D and to add provisions re selection of designated beneficiary who shall be member's coparticipant, redesignated existing Subsec. (d) as new Subsec. (d)(2) and amended same to add reference to Plan D coparticipant's option, to add reference to deferred vested benefit, and to add provisions re member who predeceases coparticipant and coparticipant who predeceases member, to delete existing Subsec. (d)(2), to redesignate existing Subsec. (d)(3)(A) as Subsec. (d)(2)(B)(i) and amended same to add reference to legal separation occurring on or after July 1, 2020, and made technical and conforming changes, effective July 1, 2022.