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Regulations of Connecticut State Agencies (Last Updated: June 14,2023) |
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Title45 Probate Courts and Procedure [Repealed] |
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SubTitle45-29j-1_45-29j-4. Election of Optional Form of Retirement Allowance for Members of the Probate Judges and Employees’ Retirement Fund |
SubTitle45-29j-1_45-29j-4. Election of Optional Form of Retirement Allowance for Members of the Probate Judges and Employees’ Retirement Fund
| Sec. 45-29j-1. Filing and approval of election. Revocation |
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Latest version.
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(a) A member desiring to elect an optional form of retirement allowance shall file with the retirement commission, before the commencement of his retirement allowance, a written election on a form to be provided by the retirement commission. (b) An election shall be approved immediately if the member passes a health examination satisfactory to the retirement commission. Such health examination shall be made, without expense to the state, on a form to be provided by the retirement commission, by a physician legally licensed to practice medicine in the State of Connecticut. (c) In other cases, the option application shall automatically be deemed to have been approved by the retirement commission three years after the filing thereof. (d) An election may be revoked, or the fraction which the spouse is to receive may be reduced, at any time at least three years before the first date on which the spouse would have been entitled to a retirement allowance if the member had died on such date, as set forth in subsection (b) of section 45-29j-2. In the event of the divorce of the member and his spouse, an election may be revoked at any time before such first date. Otherwise an election may not be revoked or the fraction reduced except upon the consent of the commission, which will consider whether the proposed revocation or change would be detrimental to the state or to the retirement fund, and may require evidence as to the health of the member or his spouse, or both, and may require the consent of the spouse, before making its decision. (e) The member may, if he so elects, provide that the optional form shall not take effect if he is retired on account of disability. |
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(Effective July 22, 1969) |
| Sec. 45-29j-2. Allowance to spouse |
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Latest version.
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(a) If a member retires after his election has been approved by the retirement commission and he is outlived by his spouse, such spouse shall be entitled to a retirement allowance commencing at the member's death. In the case of a member not participating in social security, the amount of each payment to the spouse shall be the reduced amount which would have been payable if the member were living at the time of such payment, or such fraction thereof as the member shall have specified in his election. In the case of a member participating in social security, the income payable to the spouse prior to the spouse's sixty-second birthday shall be the same as if the member were not participating in social security; and the income thereafter shall be the same as that to which the member was entitled, or to which he would have become entitled, upon his becoming eligible for social security old age insurance benefits, or such fraction thereof as the member specified in his election. (b) If a member dies before retiring, after he has attained the age and completed the years of service necessary for retirement and after his election has been approved by the retirement commission, his spouse, if surviving, shall be entitled to receive the same retirement allowance as such spouse would have been entitled to if the member had retired just before his death. (c) In no other case shall the spouse be entitled to a retirement allowance if the member dies before commencement of his retirement allowance. In no case shall the spouse be entitled to a retirement allowance if the member retired before his election has been approved by the retirement commission. |
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(Effective July 22, 1969) |
| Sec. 45-29j-3. Computation of allowance |
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Latest version.
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(a) The reduced retirement allowance payable to the member shall be a percentage of the retirement allowance that would have been payable if an optional form of retirement allowance had not been elected. In the case of (1) a member not participating in social security or (2) a member who retires or dies while entitled to social security benefits, as a result of service in a probate court, and whose spouse has attained the age of sixty-two, the percentage shall be uniform. Otherwise there shall be two such percentages. The first shall be the same as if the member were not participating in social security and shall apply (1) to the total retirement allowance that would have been payable to the member prior to the age at which the member would become eligible for social security old age benefits and prior to his qualifying for social security disability insurance benefits and (2) to that part of the retirement allowance that would have been payable thereafter arising from average final compensation in excess of the amount on which social security taxes were payable, if an optional form of retirement allowance had not been elected. The second percentage shall apply to the remainder of the retirement allowance that would have been so payable. The first and second percentages will be so computed that the resulting reduced retirement allowance shall be the actuarial equivalent, as determined by the retirement commission, of the retirement allowance that would be payable were it not for the election of this option. If the second percentage would otherwise exceed one hundred per cent, it will be taken as one hundred per cent, and the first percentage increased accordingly. When a second percentage has become effective, and the age of either the member or the spouse at which the second percentage becomes effective is changed by law or regulations, a new second percentage shall be appropriately calculated and shall apply after the effective date of such change. If a member, after becoming entitled to social security disability insurance benefits, ceases to be so entitled before the age at which he would become eligible for social security old age insurance benefits, the first percentage will again apply, and the second percentage shall be appropriately recalculated. (b) If the spouse shall have died before the first date on which the spouse would have been entitled to a retirement allowance if the member had died on such date, the member, on retirement, shall be entitled to the same retirement allowance as if an optional form of retirement allowance had not been elected. If the spouse has died between such date and the commencement of the member's retirement allowance, the member's retirement allowance shall be reduced by an amount or amounts determined by the retirement commission as equivalent to the value of the protection for the amount of the retirement allowance which would have been payable to the spouse if the member had died between such date and the date of the spouse's death. |
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(Effective July 22, 1969) |
| Sec. 45-29j-4. Payment to beneficiary |
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Latest version.
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If a retirement allowance becomes payable either to the member or to the spouse, the payment to the beneficiary provided for in section 45-29m and 45-266 of the 1969 supplement to the general statutes shall be made only after the death of the survivor of the member and his spouse, and shall then be made in an amount equal to the excess, if any, of the member's contributions to the retirement fund over the aggregate of the retirement allowance payments made to him and to his spouse. The spouse shall have no right to name or change a beneficiary either before or after the death of the member. If no named beneficiary survives the member and his spouse, payments shall be made to the executor or administrator or the member, except that, if the amount is less than one thousand dollars, the refund may, at the option of the comptroller, be made in accordance with the terms of section 45-266 of the 1969 supplement to the general statutes. |
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(Effective July 22, 1969) |