§ 45a-34 — (Formerly Sec. 45-29a). Definitions.

Connecticut § 45a-34

• Jurisdiction: Connecticut
• Title 45a: Probate Courts and Procedure
• Ch. 801: Probate Court: Administrative Provisions

Text

The following words and phrases as used in sections 45a-34 to 45a-54, inclusive, and section 45a-75 except as otherwise provided, shall have the following meanings: (1) “Average final compensation” means, (A) in the case of a judge of probate, the average annual compensation for the three highest paid years of service while serving in the probate court to which the judge was elected or by citation to any other court or courts, including any compensation received for service (i) on or after June 1, 2004, as an administrative judge for a regional children's probate court under section 45a-8a , or (ii) on or after July 1, 2007, as a special assignment probate judge under section 45a-79b , provided, for the purposes of this section, the compensation for any one year shall not exceed the maximum net annual income currently allowed by law, and, (B) in the case of an employee, the average annual rate of pay during the employee's three highest paid years of employment; (2) “Credited service” means (A) all periods during which a person held the office of judge of probate and (i) any period of service elected by a judge pursuant to section 45a-36a , and (ii) any period of service as an administrative judge for a regional children's probate court after such judge ceases to serve as a probate judge, provided such administrative judge works as an administrative judge at least one thousand hours per year, or (B) all periods during which a person served as an employee of any probate court, or (C) subject to the requirements of subsections (a) and (b) of section 45a-54 , a period of not more than three years for service as a member of the General Assembly and military service, or (D) the aggregate of any periods of service provided for in subparagraphs (A), (B) and (C) of this subdivision; (3) “Employee” means (A) with respect to a person employed or who serves prior to January 1, 2011, a person employed by any probate court for more than four hundred thirty hours per year or a person who served for more than four hundred thirty hours per year performing under any contract of employment with any court of probate, and (B) with respect to a person first employed or who first serves on or after January 1, 2011, a person employed by any probate court for at least one thousand hours per year or a person who serves at least one thousand hours per year performing under any contract of employment with any court of probate; (4) “Fund” means the retirement fund established by section 45a-35 ; (5) “Judge” means a judge of probate, except that, with respect to a judge first elected for a term beginning on or after January 5, 2011, judge means a person who holds the office of judge of probate and works in such judge's capacity as a judge of probate for at least one thousand hours per year as determined pursuant to information filed by the judge of probate with the Probate Court Administrator pursuant to subsection (h) of section 5-259 ; (6) “Member” means any judge of probate or employee who is or may become eligible for retirement benefits under sections 45a-34 to 45a-54 , inclusive, and 45a-75 ; (7) “Normal retirement age” means the age of sixty-two for any judge of probate or any employee; (8) “Old Age and Survivors System” means the system established under Title II of the Social Security Act, as amended; (9) “Pay” means the salary, wages or earnings of an employee, but does not include any fees or allowances for expenses; (10) “Retirement Commission” means the State Retirement Commission; and (11) “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 issued pursuant thereto, as such act has been and may from time to time be amended.

Legislative History

(1967, P.A. 558, S. 26; 1969, P.A. 160, S. 2; 1971, P.A. 583; 1972, P.A. 244, S. 2; P.A. 77-40, S. 1; 77-363; P.A. 80-176, S. 2; 80-476, S. 37; P.A. 81-472, S. 78, 159; P.A. 86-242, S. 1; P.A. 88-155, S. 1; P.A. 93-379, S. 1, 8; P.A. 94-98, S. 1; P.A. 97-87, S. 2; P.A. 09-114, S. 8; P.A. 12-66, S. 1.) History: 1969 act removed employees in the office of the probate court administrator from definitions of “employee”; 1971 act redefined “average final compensation” re probate judges as average annual compensation for three consecutive highest paid years rather than as average annual compensation during initial four years; 1972 act redefined “employee” to specify that judge is full-time employee whether serving in court to which elected or by citation in another court, redefined “credited service” to apply to acting judges of probate and redefined “average final compensation” to clarify applicability re judges serving in court to which elected or by citation in another court or as court employee and to base compensation for employees on three highest paid consecutive years rather than on the final five years of employment; P.A. 77-40 divided section into Subdivs., extended applicability to Sec. 45-29t and rephrased definition of “credited service”; P.A. 77-363 redefined “employee” to include persons performing under contract of employment; P.A. 80-176 redefined “credited service” to delete reference to acting judge of probate; P.A. 80-476 reordered Subdivs. to place terms in alphabetical order, replaced alphabetic indicators with numeric indicators, and restored reference to acting judge of probate in definition of “credited service”; P.A. 81-472 removed from the definition of “credited service” any period of holding the office of acting judge of probate; P.A. 86-242 amended definition of “credited service” to include a period of not more than three years of service as member of general assembly and military service, subject to requirements of section 45-29w, and amended definition of “normal retirement age” to mean age of 62 for judge of probate and 65 for employee; P.A. 88-155 redefined “employee” by changing basis of calculation from 20 hours per week and more than five months per year to 430 hours per year; Sec. 45-29a transferred to Sec. 45a-34 in 1991; P.A. 93-379 redefined “normal retirement age” to change the age to 62 for probate court employees, effective June 30, 1993; P.A. 94-98 amended definition of “average final compensation” in Subdiv. (1) by deleting requirement that basis of calculation be “consecutive” highest paid years of service and deleting reference to service as an employee of any probate court; P.A. 97-87 redefined “credited service” in Subdiv. (2) include service elected by judge pursuant to Sec. 45a-36a and in Subpara. (D) changed “subdivisions” to “subparagraphs” (A), (B) and (C); P.A. 09-114 redefined “employee” in Subdiv. (3), inserted new Subdiv. (5) to define “judge” and redesignated existing Subdivs. (5) to (10) as Subdivs. (6) to (11), effective January 1, 2011; P.A. 12-66 redefined “average final compensation” in Subdiv. (1), redefined “credited service” in Subdiv. (2) and made technical changes, effective July 1, 2012.