Sec. 45a-40. (Formerly Sec. 45-29g). Disability retirement.
Sec. 45a-40. (Formerly Sec. 45-29g). Disability retirement. (a) Any employee
or judge of probate who has completed at least ten years of credited service shall be
eligible for retirement and for a retirement allowance if he becomes permanently and
totally disabled from engaging in any gainful employment in the service of the Court
of Probate or in the office of judge, as the case may be. Such retirement allowance shall
continue during the period of such disability. The existence and continuance of disability
shall be determined by the Retirement Commission upon such medical evidence and
other investigation as it requires.
(b) In order to obtain a retirement allowance under this section an employee or judge
shall apply in writing for the allowance to the Retirement Commission within one year
after incurring the disability, or by January 1, 1980, as to an employee or a judge becoming eligible on January 1, 1979. The allowance may be made retroactive to the first day
of the month following the date on which the compensation of the disabled employee
ceased or the disability of the judge commenced, except that for a judge or an employee
who has completed at least ten years but less than twelve years of credited service and
whose disability commenced before July 1, 1979, the allowance shall be retroactive to
January 1, 1979, or the first day of the month after the commencement of such disability,
whichever is later.
(1967, P.A. 558, S. 32; 1972, P.A. 244, S. 6; P.A. 79-454, S. 4, 12; P.A. 80-476, S. 42.)
History: 1972 act reduced required years of service from 16 to 12; P.A. 79-454 reduced required years of service to
10, required application be made by January 1, 1980, for those becoming eligible on January 1, 1979, and added exception
re those with more than 10 but less than 12 years of service whose disability commenced before July 1, 1979; P.A. 80-476
divided section into Subsecs. and rephrased provisions; Sec. 45-29g transferred to Sec. 45a-40 in 1991.