2009 Connecticut Code
Title 45a Probate Courts and Procedure
Chapter 801 Probate Court: Administrative Provisions
Sec. 45a-82. (Formerly Sec. 45-4h). Probate Court Administration Fund. Transfers to retirement fund and General Fund. Annual accounting. Transfer to court of probate for financial assistance. Regulations.

      Sec. 45a-82. (Formerly Sec. 45-4h). Probate Court Administration Fund. Transfers to retirement fund and General Fund. Annual accounting. Transfer to court of probate for financial assistance. Regulations. (a) The Probate Court Administration Fund is established, to consist of the amounts hereinafter provided, to be paid over as herein provided to the State Treasurer.

      (b) The State Treasurer shall be the custodian of the fund, with power to administer it, and to invest and reinvest as much of said fund as is not required for current disbursements in accordance with the provisions of the general statutes regarding the investment of savings banks.

      (c) All payments from said fund authorized by sections 5-259, 17a-77, 17a-274, 17a-498, 17a-510, 19a-131b, 19a-131e, 19a-221, 45a-1 to 45a-12, inclusive, 45a-18 to 45a-26, inclusive, 45a-34 to 45a-56, inclusive, 45a-62 to 45a-68, inclusive, 45a-74 to 45a-83, inclusive, 45a-90 to 45a-94, inclusive, 45a-98, 45a-99, 45a-105, 45a-119 to 45a-123, inclusive, 45a-128, 45a-130, 45a-131, 45a-133, 45a-152, 45a-175 to 45a-180, inclusive, 45a-199 and 45a-202, shall be made upon vouchers approved by the Probate Court Administrator.

      (d) Monthly there shall be transferred from the fund established by this section to the retirement fund established by section 45a-35 not less than sufficient moneys, taking into account receipts by said retirement fund under the provisions of sections 45a-44 and 45a-45, to enable said retirement fund to meet its obligations as estimated by the Retirement Commission, until the Retirement Commission certifies that the retirement fund is on a sound actuarial basis.

      (e) On or before July first annually, the Retirement Commission shall certify to the State Treasurer, on the basis of an actuarial determination, the amount to be transferred to the retirement fund to maintain the actuarial funding program adopted by the Retirement Commission.

      (f) In addition to the aforesaid payments, there shall be transferred from time to time from the fund established by this section to the retirement fund established by section 45a-35 such amounts as are determined by the Probate Court Administrator not to be required for other purposes of sections 45a-20 and 45a-76 to 45a-83, inclusive, until the Retirement Commission certifies that the retirement fund is on a sound actuarial basis. Thereafter there shall be transferred from time to time from the fund established by this section to the General Fund such amounts as are determined by the Probate Court Administrator not to be required for the purposes of said sections.

      (g) If at any time thereafter the Retirement Commission certifies that the retirement fund established by section 45a-35 is no longer on a sound actuarial basis, transfers from this fund to the retirement fund shall be resumed until the Retirement Commission again certifies that said retirement fund is on a sound actuarial basis, at which time transfers from this fund to the General Fund shall be resumed.

      (h) All payments of assessments imposed by section 45a-92 with respect to income received by any judge of probate on or after January 1, 1968, shall be paid in accordance with the schedule set forth in section 45a-92.

      (i) The State Treasurer shall, on or before October first, annually, give an accounting of the Probate Court Administration Fund, showing the receipts and disbursements and the balance or condition thereof, as of the preceding June thirtieth, to the Connecticut Probate Assembly and to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary.

      (j) In the event that any court of probate otherwise receives income which is insufficient to meet, on an ongoing basis, the reasonable and necessary financial needs of that court, including the salaries of the judge and the judge's staff, there shall be transferred from time to time from the Probate Court Administration Fund such amounts as are determined by the Probate Court Administrator to be reasonable and necessary for the proper administration of each such court. Except as provided in subsection (k) of section 45a-92, the judge's annual salary shall not exceed the average annual salary of such judge for the three-year period next preceding the request for financial assistance or the product resulting from the multiplication of fifteen dollars by the annual weighted-workload of the court, as defined in subsection (c) of section 45a-92, whichever is greater, but not to exceed the annual compensation provided in subsection (k) of section 45a-92.

      (k) Each judge of probate requesting financial assistance at any time during any calendar year shall file with the Probate Court Administrator a sworn statement showing the actual gross receipts and itemized expenses of the judge's court and the amount requested, together with an explanation therefor. The Probate Court Administrator may approve and issue an invoice to the State Comptroller pursuant to subsection (c) of this section, authorizing payment to the court of probate in such amounts as shall have been approved by the Probate Court Administrator.

      (l) The Probate Court Administrator may issue regulations pursuant to subdivision (1) of subsection (b) of section 45a-77 in order to carry out the intent of subsections (j) and (k) of this section.

      (1967, P.A. 558, S. 20; 1972, P.A. 244, S. 1; P.A. 73-301, S. 1, 2; P.A. 80-476, S. 34; P.A. 87-333, S. 2; P.A. 89-326, S. 1, 7; P.A. 92-118, S. 2; P.A. 93-232, S. 2; P.A. 96-110, S. 2, 4; 96-170, S. 1, 23; P.A. 97-90, S. 5, 6; P.A. 01-127, S. 3; P.A. 03-236, S. 14; P.A. 04-257, S. 69; P.A. 05-288, S. 150.)

      History: 1972 act deleted obsolete provisions re transfer of moneys of probate assembly to state treasurer and of moneys to retirement fund sufficient to meet obligations for three months and added provision re annual certification of amount to be transferred to retirement fund to maintain the actuarial funding program; P.A. 73-301 deleted reference to payments from fund authorized by Sec. 45-12a and reference to July 1, 1972, as date for initial annual certification of amount to be transferred to retirement fund and added provision re treasurer's annual accounting of fund status to probate assembly and judiciary committee; P.A. 80-476 divided section into Subsecs. and made minor changes in wording; P.A. 87-333 amended Subsec. (c) by deleting reference to "sections 45-4a to 45-4i, inclusive" and inserting reference to chapters 774 and 794 in lieu thereof; P.A. 89-326 amended Subsec. (c) to include payments authorized by Secs. 17-178, 17-192, 17-205d and 19a-448; Sec. 45-4h transferred to Sec. 45a-82 in 1991; P.A. 92-118 amended Subsec. (f) by changing "45a-21" to "45a-20"; P.A. 93-232 added reference to Sec. 45a-57; P.A. 96-110 amended Subsec. (c) by adding reference to Sec. 5-259 and changing reference to Sec. 45a-57 to 45a-56, effective January 1, 1997; P.A. 96-170 added Subsecs. (j), (k) and (l) re transfer of funds from private administration fund when income of court of probate insufficient to meet financial needs, requiring probate judge requesting financial assistance to file sworn statement re gross receipts and expenses of court and amount requested and allowing Probate Court Administrator to issue regulations re financial assistance to probate courts, effective July 1, 1998; P.A. 97-90 changed effective date of P.A. 96-170, S. 1 from July 1, 1998, to July 1, 1997; P.A. 01-127 amended Subsec. (j) by adding alternative method of computation of maximum salary by product of multiplication of $15 by annual weighted-workload of court, whichever is greater, but not to exceed annual compensation in Sec. 45a-92(k); P.A. 03-236 amended Subsec. (c) by adding references to Secs. 19a-131b and 19a-131e, effective July 9, 2003; P.A. 04-257 made technical changes in Subsec. (i), effective June 14, 2004; P.A. 05-288 made a technical change in Subsec. (c), effective July 13, 2005.