§ 51-49a — Vested and nonforfeitable right to retirement salary after ten years of service.

Connecticut § 51-49a

• Jurisdiction: Connecticut
• Title 51: Courts
• Ch. 872: Judges

Text

(a) The right to a retirement salary, in accordance with the provisions of this section, of any judge, family support magistrate or administrative law judge who is not eligible to retire under the provisions of section 51-49i or 51-50a, which judge, family support magistrate or administrative law judge has completed ten years of service as such, shall be vested and nonforfeitable. (b) Any such judge or administrative law judge who first commenced service as a judge or administrative law judge prior to January 1, 1981, and who resigns (1) on or before October 1, 2011, (2) prior to becoming eligible to retire under section 51-50a , and (3) after at least ten years of service, shall receive, at such time as he would have been eligible to so retire if he had continued in such service, as retirement salary, annually, fifty per cent of the retirement salary he would have received had he served until he was so eligible, plus ten per cent of such retirement salary for each year of service beyond ten years but for not more than five years of additional service. (c) Any such judge, family support magistrate or administrative law judge‘ who first commenced service as a judge, family support magistrate or administrative law judge on or after January 1, 1981, and who resigns (1) on or before October 1, 2011, (2) prior to becoming eligible to retire under section 51-50a , and (3) after at least ten years of service, shall receive, at such time as he would have been eligible to so retire if he had continued in such service, annually, an amount equal to the fraction of the retirement salary he would have received had he served until he was so eligible that corresponds to the ratio which the number of years of his completed service bears to the number of years of service which would have been completed at age sixty-five or twenty years, whichever is less. (d) Any such judge or administrative law judge who first commenced service as a judge or administrative law judge prior to January 1, 1981, and who resigns (1) on or after October 2, 2011, and prior to July 1, 2022, (2) prior to becoming eligible to retire under section 51-50a , and (3) after at least ten years of service, shall receive, at such time as he would have been eligible to so retire if he had continued in such service, but in no event earlier than at sixty-two years of age, annually, an amount equal to the fraction of the retirement salary he would have received had he been eligible to retire on the date of his resignation that corresponds to the ratio that the number of years of his completed service bears to the number of years of service that would have been completed at sixty-five years of age or twenty years, whichever is less. (e) Any such judge, family support magistrate or administrative law judge who first commenced service as a judge, family support magistrate or administrative law judge on or after January 1, 1981, and prior to July 1, 2011, and who resigns (1) on or after October 2, 2011, and prior to July 1, 2022, (2) prior to becoming eligible to retire under section 51-50a , and (3) after at least ten years of service, shall receive, at such time as he would have been eligible to so retire if he had continued in such service, but in no event earlier than at sixty-five years of age, annually, an amount equal to the fraction of the retirement salary he would have received had he been eligible to retire on the date of his resignation that corresponds to the ratio that the number of years of his completed service bears to the number of years of service that would have been completed at sixty-five years of age or twenty years, whichever is less. (f) Any such judge, family support magistrate or administrative law judge who first commenced service as a judge, family support magistrate or administrative law judge on or after July 1, 2011, and who resigns (1) prior to becoming eligible to retire under section 51-49i or 51-50a , and (2) after at least ten years of service, shall receive, at such time as he would have been eligible to so retire if he had continued in such service, but in no event earlier than at sixty-five years of age, annually, an amount equal to the fraction of the retirement salary he would have received had he been eligible to retire on the date of his resignation that corresponds to the ratio that the number of years of his completed service bears to the number of years of service that would have been completed at sixty-five years of age or twenty years, whichever is less. (g) In determining the amount of retirement payments to be made pursuant to subsections (b) to (f), inclusive, of this section, longevity payments which would have been made if the judge, family support magistrate or administrative law judge had continued to serve as a judge, family support magistrate or administrative law judge from the date of resignation with a vested right to a retirement salary shall not be included in the computation.

Legislative History

(P.A. 78-342, S. 3; P.A. 80-337, S. 7, 13; P.A. 82-248, S. 25; P.A. 84-399, S. 3, 17; P.A. 92-226, S. 5, 28; P.A. 11-61, S. 146; June Sp. Sess. P.A. 11-1, S. 12, 16; June 12 Sp. Sess. P.A. 12-1, S. 132; P.A. 21-18, S. 1.) History: P.A. 80-337 specified applicability of previous provisions to judges and commissioners whose term of service began before January 1, 1981, and added provisions applicable to those whose service began on or after that date; P.A. 82-248 made technical revision, rewording some provisions and dividing section into Subsecs. but made no substantive change; P.A. 84-399 added Subsec. (d) providing that longevity payments which would have been made if judge or compensation commissioner continued to serve from the date of resignation shall not be included in computation of benefits; P.A. 92-226 extended provisions of section to include family support magistrates; P.A. 11-61 amended Subsecs. (b) and (c) to make provisions applicable to resignations “prior to September 2, 2011” and insert Subdiv. designators, added new Subsec. (d) re amount of retirement salary for judge or compensation commissioner who commenced service prior to January 1, 1981, and resigns prior to July 1, 2022, prior to becoming eligible to retire under Sec. 51-50a and after at least 10 years of service and prohibition on collecting such salary prior to age 62, added new Subsec. (e) re amount of retirement salary for judge, family support magistrate or compensation commissioner who commenced service on or after January 1, 1981, and resigns prior to July 1, 2022, prior to becoming eligible to retire under Sec. 51-50a and after at least 10 years of service and prohibition on collecting such salary prior to age 65, redesignated existing Subsec. (d) as Subsec. (f) and amended same to make a technical change, and added Subsec. (g) re amount of retirement salary for judge, family support magistrate or compensation commissioner who commenced service on or after July 1, 2011, and resigns prior to becoming eligible to retire under Sec. 51-50a and after at least 10 years of service and prohibition on collecting such salary prior to age 65, effective upon approval by the General Assembly of the agreement between the state and the State Employees Bargaining Agent Coalition, signed by both parties on May 27, 2011, pursuant to P.A. 11-61, S. 165; June Sp. Sess. P.A. 11-1 provided that P.A. 11-61, S. 146, shall take effect upon approval by the General Assembly of an agreement between the state and the State Employees Bargaining Agent Coalition described in P.A. 11-61, S. 165, as amended by June Sp. Sess. P.A. 11-1, effective July 1, 2011, and further provided that P.A. 11-61, S. 146, is repealed, effective September 1, 2011, if an agreement between the state and the State Employees Bargaining Agent Coalition has not been approved pursuant to P.A. 11-61, S. 165, as amended by June Sp. Sess. P.A. 11-1, by September 1, 2011 (Revisor's note: The agreement between the state and the State Employees Bargaining Agent Coalition referenced in June Sp. Sess. P.A. 11-1, S. 12, 16, was deemed approved by the General Assembly on August 22, 2011, pursuant to P.A. 11-61, S. 165, as amended by June Sp. Sess. P.A. 11-1, S. 11); June 12 Sp. Sess. P.A. 12-1 amended Subsec. (a) by adding “51-49i or”, amended Subsecs. (b) and (c) by substituting “on or before October 1, 2011” for “prior to September 2, 2011”, amended Subsec. (d) by adding “on or after October 2, 2011, and” in Subdiv. (1) and adding “if he had continued in such service, but in no event earlier than at sixty-two years of age”, deleting provision re collecting salary not earlier than at age 62 and adding provision re ratio that number of years of completed service bears to years of service that would have been completed at age 65 or 20 years in Subdiv. (3), amended Subsec. (e) by adding “and prior to July 1, 2011” re period of time of first commencing service, adding “on or after October 2, 2011, and” in Subdiv. (1) and adding “if he had continued in such service, but in no event earlier than at sixty-five years of age”, deleting provision re collecting salary not earlier than at age 65 and adding provision re ratio that number of years of completed service bears to years of service that would have been completed at age 65 or 20 years in Subdiv. (3), deleted former Subsec. (f) re longevity payments, redesignated existing Subsec. (g) as Subsec. (f) and amended same by inserting Subdiv. designators (1) and (2), adding “51-49i or” in Subdiv. (1) and adding “if he had continued in such service, but in no event earlier than at sixty-five years of age”, deleting provision re collecting salary not earlier than at age 65 and adding provision re ratio that number of years of completed service bears to years of service that would have been completed at age 65 or 20 years in Subdiv. (2), added new Subsec. (g) re longevity payments, and made technical changes, effective June 15, 2012; pursuant to P.A. 21-18, “compensation commissioner” was changed editorially by the Revisors to “administrative law judge” throughout, effective October 1, 2021.