§ 7-438 — Continuation of retirement allowance upon other public employment. Participation in state or municipal retirement system.

Connecticut § 7-438

• Jurisdiction: Connecticut
• Title 7: Municipalities
• Ch. 113: Municipal Employees

Text

(a) Any member retired under this part who again accepts employment from the state or from any municipality of the state other than a participating municipality, shall continue to receive his or her retirement allowance while so employed, and shall be eligible to participate, and shall be entitled to credit, in the state retirement system or such retirement system of such municipality, as applicable, for the period of such employment. (b) If a member is retired under this part and again accepts employment from the same municipality from which he or she was retired or any other participating municipality, he or she shall be eligible to participate, and shall be entitled to credit, in the municipal employees' retirement system for the period of such municipal employment. Such member shall receive no retirement allowance while so employed except if (1) such employment is for less than twenty hours per week, (2) his or her services are rendered for not more than ninety working days in any one calendar year, provided any member reemployed for a period of more than ninety working days in one calendar year shall reimburse the Municipal Employees' Retirement Fund for retirement income payments received during such ninety working days, or (3) such member does not participate in the municipal employees' retirement system during the period of his or her reemployment. (c) Notwithstanding the provisions of subsections (a) and (b) of this section, if a uniformed member of a paid municipal fire department or regular member of a paid municipal police department is retired under this part and subsequently accepts employment in a public safety position from any school district or regional school district, which district is a participating municipality, he or she shall continue to receive his or her retirement allowance while so subsequently employed, but he or she shall not be eligible to further participate or be entitled to additional credit in the municipal employees' retirement system for the period of such subsequent employment.

Legislative History

(1949 Rev., S. 892; P.A. 73-519; P.A. 77-122; P.A. 86-243, S. 6, 10; P.A. 87-83, S. 2; P.A. 11-251, S. 3; P.A. 22-39, S. 1; P.A. 24-151, S. 83.) History: P.A. 73-519 permitted retirees resuming employment with state or municipality to continue to receive benefits if not employed by same department or agency from which they retired, reversing previous provisions and deleting restriction concerning number of months to be employed, and excluded resumed work period from credit in system or contributions; P.A. 77-122 added Subsec. (b) re reemployment in same department or agency; P.A. 86-243 permitted retired members who become employed by the state to participate in the state retirement system for the period of state service; P.A. 87-83 amended Subsec. (a) to be applicable to retired members who are employed by a nonparticipating municipality or the state and amended Subsec. (b) to provide that any retired member employed by a participating municipality shall be entitled to retirement credit for such service; (Revisor's note: In 2003 a reference in Subsec. (b) to “Municipal Retirement Fund” was replaced editorially by the Revisors with “Municipal Employees' Retirement Fund” for consistency with customary statutory usage); P.A. 11-251 amended Subsec. (b) to exclude employment of less than 20 hours per week from prohibition on receiving a retirement allowance while employed by municipality, effective July 13, 2011, and applicable to members who retire on or after January 1, 2000; P.A. 22-39 amended Subsec. (b) by adding Subdiv. (3) re participation in municipal employees' retirement system during reemployment, added Subsec. (c) re receipt of retirement allowance and prohibition on eligibility for additional credit for retired uniformed member of paid municipal fire department or regular member of paid municipal police department who accepts subsequent employment in public safety capacity, and made technical changes; P.A. 24-151 amended Subsec. (a) to allow retired member who accepts employment from a municipality other than a participating municipality to participate and be entitled to credit in such municipality's retirement system, effective June 6, 2024. Subsection (b) may be reasonably understood to embody a judgment that a participating municipality should not have to contribute additional funds to a member's retirement pension while at the same time paying his salary. 326 C. 160.