§ 45a-93 — (Formerly Sec. 45-25a). Payments to probate judges who leave office or die while in office. Exceptions.

Connecticut § 45a-93

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

Text

(a)(1) If a judge of probate leaves office or dies while in office, the successor to such judge in said office shall pay to such judge or the personal representative of a deceased judge a sum representing the accounts receivable for payments due the court in accordance with section 45a-107, as of the date of separation from said office or the date of death in the case of a judge who dies while holding such office. Determination of the basis for such accounts receivable including computation for work in process shall be made in accordance with regulations issued by the Probate Court Administrator. Any payments made to such judge or the personal representative of a deceased judge shall be subject to the provisions of section 45a-92, and no such payments shall be made unless and until the accounts receivable are collected, and no such payments shall be made after December thirty-first of the second calendar year following the year in which the judge leaves office or dies while in office. Prior to January 5, 2011, there may be deducted from any such amounts by a successor judge the cost of collection thereof, and any expenses directly attributable to the outgoing judge's or deceased judge's term of office paid by the successor judge. (2) On and after January 5, 2011, such payments shall include only a sum representing accounts receivable for costs, charges and fees assessed on the estates of decedents arising in a town within the judge's district as such district existed on January 4, 2011. Such payments shall be made in annual installments, payable on or before April first of the year immediately following the year in which such accounts receivable are collected. There shall be deducted from any such payment (A) any assessment, penalty or interest due pursuant to section 45a-92 and applicable regulations, (B) the cost of collection of such accounts receivable, and (C) any expenses directly attributable to the outgoing judge's or deceased judge's term of office. (3) In no event shall any such payments exceed the maximums allowable under the provisions of section 45a-92 in any one calendar year, and in the aggregate in no event shall the total payments payable under this section exceed one hundred per cent of the average final compensation for such judge as defined in subdivision (1) of section 45a-34 , except that such allowable maximum payment shall not include any amounts of money due and payable to the judge at the time of separation from the court or at the time of such judge's death for amounts advanced by such judge to the court for operating expenses and not previously repaid, which amounts may be paid to such judge or personal representative upon receipt of satisfactory proof of the existence of balances due. (b) (1) Except as provided in subdivision (2) of this subsection, the provisions of subsection (a) of this section shall apply to any judge in office on or before January 4, 2011. (2) The provisions of subsection (a) of this section shall not apply to a judge who is elected to a term that begins on or after January 5, 2011. (c) On and after January 5, 2011, any payments due a judge under subsection (a) of this section shall be paid from the Probate Court Administration Fund.

Legislative History

(P.A. 87-187, S. 1, 3; P.A. 99-84, S. 13; P.A. 09-114, S. 5; P.A. 10-41, S. 8.) History: Sec. 45-25a transferred to Sec. 45a-93 in 1991; P.A. 99-84 deleted “sworn” and inserted “signed under penalty of false statement”; P.A. 09-114 designated existing provisions as Subsec. (a), made technical changes therein, added Subsec. (b) re applicability of Subsec. (a) and added Subsec. (c) re payments to be paid from Probate Court Administration Fund on and after January 5, 2011, effective June 9, 2009; P.A. 10-41 amended Subsec. (a) to designate existing provisions as Subdivs. (1) and (3), to substitute reference to Sec. 45a-107 for reference to Sec. 45a-105, delete “by the successor judge” re accounts receivable collected, substitute payment deadline of December thirty-first of second calendar year for time for filing a statement under Sec. 45a-92 and insert “Prior to January 5, 2011” re deduction for cost of collection and expenses in Subdiv. (1), and to add Subdiv. (2) re payments on and after January 5, 2011, and amended Subsec. (b)(2) to make Subsec. (a) applicable to judge elected to a term that begins on or after January 5, 2011, rather than a judge first elected or who resumes service on or after January 5, 2011, effective May 18, 2010.