Sec. 18-101e. Calculation of disability retirement income for correction officers upon designation of extraordinary circumstances.
Sec. 18-101e. Calculation of disability retirement income for correction officers upon designation of extraordinary circumstances. (a) Whenever a correction
officer who is a member of a state employee organization and a member of the state
employees retirement system, as a result of a special hazard inherent in the duties of a
correction officer, becomes (1) permanently disabled or permanently unable to render
service as a correction officer, and (2) permanently unable to engage in other suitable,
comparable employment, the state employee organization representing such member
may, but is not required to, petition the Secretary of the Office of Policy and Management
on behalf of such member for a designation of extraordinary circumstances for the purpose of calculating such member's disability retirement income.
(b) If such petition is granted by the Secretary of the Office of Policy and Management, or a designee, or as a result of an arbitration conducted pursuant to subsection (c)
of this section, the Department of Correction shall (1) elevate such correction officer
to the highest pay grade in the member's bargaining unit, effective not later than the
member's last day of active state service, and (2) prepare an application for disability
retirement benefits under the state employees retirement system that reflects the salary
of such highest pay grade. The Retirement Commission shall use the salary of such
highest pay grade in determining such member's disability retirement income in accordance with the provisions of chapter 66.
(c) (1) If such petition is denied by the Secretary of the Office of Policy and Management, or a designee, the state employee organization representing such member may
initiate arbitration by filing with the State Board of Mediation and Arbitration the sole
issue of whether such member is entitled to a designation of extraordinary circumstances
for the purpose of calculating such member's disability retirement income. A copy of
the filing shall be served on the Secretary of the Office of Policy and Management. Not
later than seven days after such copy has been served, the parties shall jointly select an
arbitrator. The person selected shall have substantial, current experience as an impartial
arbitrator of labor-management disputes. Persons who serve partisan interests as advocates or consultants for labor or management in labor-management relations or who are
associated with or are members of a firm that performs such advocate or consultant
work may not be selected. If the parties fail to agree on an arbitrator within the seven-day period, the selection shall be made using the procedures under the voluntary labor
arbitration rules of the American Arbitration Association.
(2) In any arbitration proceeding initiated under this section, the sole issue before
the arbitrator shall be whether such member is entitled to a designation of extraordinary
circumstances for purposes of calculating such member's disability retirement income.
The arbitrator's decision shall be final and binding on all parties and shall not be subject
to appeal under any provision of the general statutes or under any collectively bargained
agreement.
(d) Nothing in this section shall be construed to alter the amount of compensation
due any member of a correctional institution pursuant to the provisions of subsection
(a) of section 5-142 or chapter 568.
(P.A. 05-284, S. 1.)