2005 Connecticut Code - Sec. 5-192b. Credit for previous membership in a municipal retirement system.

      Sec. 5-192b. Credit for previous membership in a municipal retirement system. (a) Any person who became a member of the state employees retirement system and who previously was a member of the Connecticut municipal employees' retirement system shall receive credit for the purpose of retirement under the provisions of this chapter for the period of his service with such municipality, provided there shall be transferred to the State Employees Retirement Fund from the Connecticut Municipal Employees' Retirement Fund, on application of a state employee who is a member of tier I, the entire amount paid into the Connecticut Municipal Employees' Retirement Fund by the employee as a result of the service of such employee, plus interest at the rate being paid by the Connecticut Municipal Employees' Retirement Fund from which such amount is transferred from the date of each payment into such fund to the date such employee became a member of the state employees retirement system, such amount to be computed by the State Retirement Commission. No transfer of municipal employee contributions and interest shall be required whenever a member of the tier II plan applies for such retirement credit.

      (b) On or before the first of the month following three months after June 28, 1985, any member of the tier I plan in the state employees retirement system who was previously a member of the Connecticut municipal employees' retirement system and who, pursuant to the terms of section 7-440, withdrew all his contributions in the Municipal Employees' Retirement Fund upon leaving municipal employment shall be credited, for retirement purposes under this chapter, with such period of prior municipal service upon payment into the State Employees Retirement Fund of an amount equal to the total of all contributions refunded to him from the Municipal Employees' Retirement Fund plus five per cent interest on such contributions from the effective date of his withdrawal from the municipal fund to the date of his application for credit under this subsection. Such municipal service shall be considered to be active state service for the purposes of this chapter.

      (c) Any member of the state employees retirement system who has prior service in a municipality, or a department of a municipality, which has not accepted the provisions of part II of chapter 113 shall receive credit for the purpose of retirement under the provisions of this chapter for the period of such service, or any portion thereof, if he complies with the requirements of either subdivision (1) or subdivision (2) of this subsection. (1) Such member may purchase credit for such service upon payment to the State Employees Retirement Fund of either two or five per cent, as appropriate, of his municipal salary for the period of such service, plus an amount determined by the Retirement Commission as necessary to fund the increased benefits payable by reason of such purchase with interest at the rate of six and one-half per cent, compounded annually, on such payment. (2) Such member may obtain credit for such service upon transfer of the entire amount paid into a municipal retirement fund by the member and the municipality during the period of such service including any earned interest, and payment of an amount determined by the Retirement Commission as necessary to fund the increased benefits payable by reason of such credit, to the State Employees Retirement Fund. Where required by a municipal ordinance or charter provision, the Comptroller may enter into a reciprocal agreement with a municipality in order to effect a transfer of funds under this subdivision. No credit shall be granted under this subsection for any period of service for which a retirement benefit is being paid by any governmental unit or where such grant would result in multiple service credit for the same period of service.

      (1971, P.A. 319, S. 2; P.A. 82-377, S. 1, 3; P.A. 83-533, S. 50, 54; P.A. 84-447, S. 1, 3; P.A. 85-510, S. 25, 35.)

      History: P.A. 82-377 eliminated requirement that municipal share of contributions be transferred to state employees' retirement fund upon transfer of employee to state system; P.A. 83-533 amended section to provide that transfer of contributions is required only in the case of employees who are members of tier I; P.A. 84-447 added Subsecs. (b) and (c) which allowed any tier I member, on or before October 1, 1984, to purchase credit for prior service as a member of the municipal employees retirement system for which all contributions had been previously withdrawn and allowed members who previously worked for a nonparticipating municipality to purchase credit for such service; P.A. 85-510 amended Subsec. (b) to extend deadline for purchase of credit for prior municipal service from October 1, 1984, to the first of the month following three months after June 28, 1985.

      Cited. 234 C. 411, 412, 414. Plaintiff entitled to hazardous duty retirement credit under Sec. 5-173 and this section; judgment of appellate court in LoPresto v. State Employees Retirement Commission, 34 CA 510, reversed. Id., 424, 429, 432-437, 445, 448-450, 452, 454.

      Cited. 1 CA 454, 461. Cited. 34 CA 510, 512, 514, 516, 517, 519, 520; judgment reversed, see 234 C. 424 et seq.

      Subsec. (a):

      Cited. 234 C. 424, 449, 450, 454.

      Cited. 34 CA 510, 519, 520; judgment reversed, see 234 C. 424 et seq.

      Subsec. (b):

      Cited. 230 C. 911, 912. Cited. 234 C. 424-426, 429-431, 433-436, 447-451, 453, 454.

      Cited. 34 CA 510, 511, 513-515, 517-520; judgment reversed, see 234 C. 424 et seq.

      Subsec. (c):

      Cited. 234 C. 424, 449, 450, 453, 454.

      Cited. 34 CA 510, 519, 520; judgment reversed, see 234 C. 424 et seq.