2019 Connecticut General Statutes
Title 45a - Probate Courts and Procedure
Chapter 801 - Probate Court: Administrative Provisions
Section 45a-45 - (Formerly Sec. 45-29l). Retirement contributions of judges.
(a) Each judge of probate shall contribute to the fund three and three-quarters per cent of that portion of the judge's annual compensation, including any compensation received as an administrative judge for a regional children's probate court under section 45a-8a, or as a special assignment probate judge under section 45a-79b, with respect to which contributions are not made to the Federal Old Age and Survivors System as provided for in sections 7-452 to 7-459, inclusive, and one per cent of that portion from which such contributions are made. The Probate Court Administrator shall deduct the judge's contributions from the judge's compensation and shall forward such contributions to the Retirement Commission to be credited to the retirement fund on the judge's account.
(b) (1) Any judge who leaves office before becoming eligible for a retirement allowance may, on request to the Retirement Commission, withdraw the total of all contributions made by the judge, without interest, provided, if the judge makes no such request within ten years after leaving office, the judge's contributions shall revert to the fund.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, if such judge's departure from office or withdrawal of contributions is on or after October 1, 1986, the withdrawal of contributions shall include interest credited from the later of (A) January 1, 1986, or (B) the first day of the calendar year following the date of actual contribution, to the first day of the calendar year coincident with or preceding the date the judge leaves office. Such interest shall be credited at the rate of five per cent per year. In addition, for the partial calendar year during which the judge leaves office or withdraws contributions, provided such date is after January 1, 1986, interest shall be credited at the rate of five-twelfths of one per cent multiplied by the full number of months completed during such calendar year, such interest rate to be applied to the value of contributions, including any prior interest credits, as of the first day of such calendar year.
(3) Any judge who withdraws the judge's contributions from the fund and is subsequently reinstated shall not receive credited service for such prior time in office in the computation of any benefit under the retirement plan unless the withdrawn contributions have been repaid with interest at a rate to be determined by the commission. Any judge who was ineligible for retirement benefits at the time he or she became a judge and who has not made contributions under this section, who becomes eligible, or whose spouse becomes eligible, for any benefit under the retirement plan, shall receive credited service for any time in office, provided such judge makes such contributions with interest at a rate to be determined by the commission.
(1967, P.A. 558, S. 37; P.A. 75-184, S. 3; P.A. 79-454, S. 10, 12; P.A. 80-476, S. 47; 80-483, S. 118, 186; P.A. 82-309, S. 2; P.A. 86-242, S. 9; P.A. 94-98, S. 6; P.A. 10-41, S. 5; P.A. 12-66, S. 2.)
History: P.A. 75-184 added reference to Secs. 7-452 to 7-459; P.A. 79-454 added provision re credited service for time in office contingent upon payment of contributions and interest determined by commission; P.A. 80-476 divided section into Subsecs. and rephrased provisions; P.A. 80-483 made technical correction in Subsec. (d); P.A. 82-309 required payment in four installments payable on or before last day of March, June, September and December of applicable year, except that if the amount is less than $100, remittance shall be made in one payment on or before December thirty-first, and delinquent contributions shall incur interest at the rate of 20%; P.A. 86-242 amended Subsec. (d) by adding provision for payment of interest on contributions withdrawn on or after October 1, 1986; Sec. 45-29l transferred to Sec. 45a-45 in 1991; P.A. 94-98 amended Subsec. (a) by decreasing contribution to fund by judge from 5% to 3.75% of annual compensation and decreasing contribution from 1.25% to 1% of portion of pay from which contributions to Federal Old Age and Survivors System are made; P.A. 10-41 amended Subsec. (a) to replace requirement that contributions be forwarded by judge to Retirement Commission with requirement that Probate Court Administrator deduct judge's contributions from judge's compensation and forward to Retirement Commission, deleted former Subsec. (b) re installment payments and former Subsec. (c) re deficiency payments, excess contributions, reports to Retirement Commission and interest on unpaid contributions, redesignated existing Subsec. (d) as Subsec. (b) and made technical changes therein, effective January 1, 2011; P.A. 12-66 amended Subsec. (a) to add provision re compensation received as administrative judge for a regional children's probate court or as special assignment probate judge, effective July 1, 2012.
