Sec. 5-142. Disability compensation.
Sec. 5-142. Disability compensation. (a) If any member of the Division of State
Police within the Department of Public Safety or of any correctional institution, or any
institution or facility of the Department of Mental Health and Addiction Services giving
care and treatment to persons afflicted with a mental disorder or disease, or any institution for the care and treatment of persons afflicted with any mental defect, or any full-time enforcement officer of the Department of Environmental Protection, the Department of Motor Vehicles, the Department of Consumer Protection who carries out the
duties and responsibilities of sections 30-2 to 30-68m, inclusive, the Office of Adult
Probation, the Department of Public Works or the Board of Pardons and Paroles, any
probation officer for juveniles or any employee of any juvenile detention home, any
member of the police or fire security force of The University of Connecticut, any member
of the police or fire security force of Bradley International Airport, any member of the
Office of State Capitol Police or any person appointed under section 29-18 as a special
policeman for the State Capitol building and grounds and the Legislative Office Building
and parking garage and related structures and facilities and other areas under the supervision and control of the Joint Committee on Legislative Management, the Chief State's
Attorney, the Chief Public Defender, the Deputy Chief State's Attorney, the Deputy
Chief Public Defender, any state's attorney, any assistant state's attorney or deputy
assistant state's attorney, any public defender, assistant public defender or deputy assistant public defender, any chief inspector or inspector appointed under section 51-286
or any staff member or employee of the Division of Criminal Justice or of the Division
of Public Defender Services, or any Judicial Department employee sustains any injury
(1) while making an arrest or in the actual performance of such police duties or guard
duties or fire duties or inspection duties, or prosecution or public defender or courthouse
duties, or while attending or restraining an inmate of any such institution or as a result
of being assaulted in the performance of such person's duty, or while responding to an
emergency or code at a correctional institution, and (2) that is a direct result of the special
hazards inherent in such duties, the state shall pay all necessary medical and hospital
expenses resulting from such injury. If total incapacity results from such injury, such
person shall be removed from the active payroll the first day of incapacity, exclusive
of the day of injury, and placed on an inactive payroll. Such person shall continue to
receive the full salary that such person was receiving at the time of injury subject to all
salary benefits of active employees, including annual increments, and all salary adjustments, including salary deductions, required in the case of active employees, for a period
of two hundred sixty weeks from the date of the beginning of such incapacity. Thereafter,
such person shall be removed from the payroll and shall receive compensation at the
rate of fifty per cent of the salary that such person was receiving at the expiration of
said two hundred sixty weeks as long as such person remains so disabled, except that
any such person who is a member of the Division of State Police within the Department
of Public Safety shall receive compensation at the rate of sixty-five per cent of such
salary as long as such person remains so disabled. Such benefits shall be payable to a
member of the Division of State Police after two hundred sixty weeks of disability only
if the member elects in writing to receive such benefits in lieu of any benefits payable
to the employee under the state employees retirement system. In the event that such
disabled member of the Division of State Police elects the compensation provided under
this subsection, no benefits shall be payable under chapter 568 or the state employees
retirement system until the former of the employee's death or recovery from such disability. The provisions of section 31-293 shall apply to any such payments, and the state of
Connecticut is authorized to bring an action or join in an action as provided by said
section for reimbursement of moneys paid and which it is obligated to pay under the
terms of this subsection. All other provisions of the workers' compensation law not
inconsistent with this subsection, including the specific indemnities and provisions for
hearing and appeal, shall be available to any such state employee or the dependents of
such a deceased employee. All payments of compensation made to a state employee
under this subsection shall be charged to the appropriation provided for compensation
awards to state employees. On and after October 1, 1991, any full-time officer of the
Department of Environmental Protection, the Department of Motor Vehicles, the Department of Consumer Protection who carries out the duties and responsibilities of sections 30-2 to 30-68m, inclusive, the Office of Adult Probation, the Department of Public
Works or the Board of Pardons and Paroles, any probation officer for juveniles or any
employee of any juvenile detention home, the Chief State's Attorney, the Chief Public
Defender, the Deputy Chief State's Attorney, the Deputy Chief Public Defender, any
state's attorney, assistant state's attorney or deputy assistant state's attorney, any public
defender, assistant public defender or deputy assistant public defender, any chief inspector or inspector appointed under section 51-286 or any staff member or employee of the
Division of Criminal Justice or the Division of Public Defender Services, or any Judicial
Department employee who sustains any injury in the course and scope of such person's
employment shall be paid compensation in accordance with the provisions of section
5-143 and chapter 568, except, if such injury is sustained as a result of being assaulted
in the performance of such person's duty, any such person shall be compensated pursuant
to the provisions of this subsection.
(b) Each state employee who, during the performance of his duties, comes into
contact with persons or animals afflicted with any communicable disease, or who comes
into contact with any culture, collection or concentration of the organisms producing
any communicable disease, or who is regularly exposed to the bacteria, germs, virus or
other organisms, by whatever name called, producing any communicable disease, shall
be given a physical examination semiannually by the state. If any such employee is
found to be infected with any such disease, contracted while in the employ of the state and
during the performance of such employee's duties, the state shall pay for all necessary
medical and hospital expenses resulting from such disease and, if incapacity results,
such employee shall be removed from the payroll the first day of incapacity and shall
receive compensation at the rate of one-half the salary he was receiving at the time of
infection. Such state employee may elect to receive, in addition to the benefits due him
under this subsection, an amount which will result in his receiving his full salary or
wages for the period of any accumulated sick leave, computed on an hourly basis, due
him. Upon the expiration of such period of sick leave, the provisions of this subsection
shall apply. All provisions of the workers' compensation law not inconsistent herewith,
including the specific indemnities and provisions for hearing and appeal, shall be available to any such state employee or the dependents of such a deceased employee. All
payments of compensation made to a state employee under this section shall be made
from the fund designated "Compensation Awards to State Employees". If a state employee has been disabled by tuberculosis at any time prior to his employment by the
state or if on the first physical examination herein provided for he is found to have a
tuberculous lesion, any subsequent disability from tuberculosis within five years of the
commencement of such employment shall be presumed prima facie to be due to his
previous infection and not to have been contracted in the course of such employment,
even if such employment involved exposure to tuberculosis. In such case such state
employee shall be removed from the payroll the first day of incapacity and the state
shall not be liable for the payment of any resulting medical or hospital expenses or for
the payment of compensation for loss of earnings of such disabled state employee.
(c) If a member of the Division of State Police within the Department of Public
Safety who is not subject to the federal Insurance Contributions Act for such employment
becomes or became disabled on or after July 1, 1979, and (1) the disability is not compensable under the terms of subsection (a) of this section and he elects or elected to receive
disability retirement benefits under the provisions of section 5-169 or 5-192p, or (2) he
elects or elected to receive such disability retirement benefits in lieu of benefits otherwise
available under subsection (a) of this section, the member shall be eligible to receive
benefits under the provisions of subsection (d) of this section. Notwithstanding any
provision of the general statutes, the benefits granted under subsection (d) of this section
shall be deemed to be federal Social Security disability benefits for purposes of calculating the maximum benefits available under the provisions of section 5-169 or 5-192p.
Any disability Social Security benefits payable to or on behalf of such member shall
also be recognized for purposes of calculating such maximum benefits. For the purposes
of this subsection, "disability" means any medically determinable injury or physical or
mental impairment which permanently prevents the discharge of normal police functions
by any member of the Division of State Police, provided the Commissioner of Public
Safety cannot find a suitable position within the agency for such member. The determination as to whether a member is so disabled shall be made by the board of physicians
established under section 5-169. Notwithstanding any provisions to the contrary in section 5-169, the maximum benefit limitation as set forth in subdivisions (1) and (2) of
subsection (g) of section 5-169 shall apply to any member receiving the new benefits
provided by subsection (d) of this section.
(d) Commencing on May 8, 1984, or the date of disability, if later, each such disabled
member of the Division of State Police within the Department of Public Safety shall
receive a monthly allowance payable by the state employees retirement system, as long
as the member remains so disabled, as follows: (1) To a disabled member, a monthly
allowance of three hundred dollars for such disabled member's lifetime; (2) if such
disabled member is married, an additional monthly allowance of two hundred fifty
dollars payable to the member and payable for the member's lifetime or until the spouse's
divorce from the member; (3) if there are less than three dependent children, a monthly
allowance of two hundred fifty dollars payable to the member for each child until each
such child reaches the age of eighteen or until the child's marriage if such occurs earlier;
(4) if there are three or more dependent children, a monthly allowance of five hundred
and seventy-five dollars payable to the member but deemed to be divided equally among
them. As each such dependent child reaches the age of eighteen years, or marries, if such
occurs earlier, the child's share shall be deemed divided equally among the remaining
surviving children, provided each child's share shall not exceed two hundred fifty dollars; when the shares payable on behalf of all but one of such dependent children have
ceased, the disability benefit payable on behalf of the remaining child shall be two
hundred fifty dollars. These benefits shall be integrated with the benefits of section 5-169 or 5-192p as if they were federal Social Security disability benefits in order to
determine the maximum benefits payable to such disabled member. These benefits shall
be subject to increases as provided in subsection (e) of this section. All benefits provided
under this subsection shall be discontinued at the earlier of the member's recovery from
disability or the member's death. If a disabled member dies, the survivor benefits provided under sections 5-146 to 5-150, inclusive, shall be payable.
(e) On January 1, 1985, and annually thereafter, up to and including January 1,
1988, the benefits then being provided under subsection (d) of this section to a disabled
member of the Division of State Police within the Department of Public Safety shall be
increased by three per cent. Such increase shall not affect the initial level of benefits
payable to a member who qualifies for such disability benefits under subsection (d) after
the date of any increase under this subsection. Such benefits shall be deemed to be the
cost-of-living provision of the federal Social Security disability law for purposes of
calculating the maximum benefits available under the provisions of section 5-169 or
5-192p.
(1949 Rev., S. 419; 1949, 1951, 1953, 1955, S. 183d; 1949, 1953, S. 2131d; 1957, P.A. 251; March, 1958, P.A. 27, S.
35; 1959, P.A. 331; 1963, P.A. 298; February, 1965, P.A. 151; 1969, P.A. 175, S. 1; 730, S. 14; P.A. 73-122, S. 13, 27;
73-402; P.A. 76-111, S. 5; 76-436, S. 399, 681; P.A. 77-614, S. 69, 70, 165, 486, 610; P.A. 78-138, S. 1-3; 78-162, S. 1-
3; P.A. 79-376, S. 3; P.A. 80-34, S. 1, 2; 80-482, S. 4, 6, 170, 191, 345, 348; P.A. 83-13, S. 5; P.A. 84-48, S. 13, 17; P.A.
85-510, S. 2, 35; P.A. 87-496, S. 43, 110; P.A. 89-82, S. 7, 11; P.A. 91-339, S. 40; P.A. 95-195, S. 5, 83; 95-257, S. 11,
58; P.A. 96-219, S. 6; P.A. 01-208, S. 1, 3; P.A. 03-19, S. 10; June 30 Sp. Sess. P.A. 03-6, S. 146 (d); P.A. 04-169, S. 17;
04-189, S. 1; 04-234, S. 2; P.A. 05-288, S. 25; P.A. 06-196, S. 33.)
History: 1959 act included employees at facilities of the mental health department; 1963 act amended Subsec. (b) to
allow election to receive payments based on accumulated sick leave; 1965 act amended Subsec. (a) to specify members
of both police and fire security force of university are included; 1969 acts substituted department of finance and control
for state welfare department in Subsec. (a); P.A. 73-122 substituted department of environmental protection for state board
of fisheries and game and division of criminal justice for any state's attorney's office and included the chief state's attorney,
deputy chief state's attorney and prosecuting attorneys under provisions of section; P.A. 73-402 included members of
Bradley airport police or fire security forces under provisions of section; P.A. 76-111 replaced "detective" with "chief
inspector or inspector"; P.A. 76-436 deleted references to juvenile court and replaced reference to prosecuting attorneys with
"assistant state's attorney or deputy assistant state's attorney", effective July 1, 1978; P.A. 77-614 substituted department of
administrative services for department of finance and control and, effective January 1, 1979, substituted division of liquor
control within the department of business regulation for liquor control commission and division of state police within the
department of public safety for state police department; P.A. 78-138 replaced adult probation commission with office of
adult probation and included chief, deputy chief, assistant, deputy assistant and other public defenders and employees of
the division of public defender services under provisions of section; P.A. 78-162 included judicial department employees
and courthouse duties under provisions of section; P.A. 79-376 substituted "workers' compensation" for "workmen's
compensation"; P.A. 80-34 included members of the office of capitol security and special policemen for capitol building
and grounds under provisions of section; P.A. 80-482 deleted reference to department of business regulation and gave
division of liquor control departmental status; P.A. 83-13 amended Subsec. (a) by changing "capitol security" to "state
capitol security"; P.A. 84-48 included reference to special policemen for other areas under the supervision and control of
the joint committee on legislative management; P.A. 85-510 made technical changes in Subsec. (a) and added provisions
re disability compensation for members of the division of state police within the department of public safety and added
Subsecs. (c) to (e), inclusive, re disability compensation for such members; P.A. 87-496 amended Subsec. (a) to substitute
public works commissioner for administrative services commissioner; P.A. 89-82 expanded reference in Subsec. (a) to
state capitol building and grounds to include legislative office building and parking garage and related structures and
facilities and other areas under the supervision and control of the joint committee on legislative management; P.A. 91-339
amended Subsec. (a) by adding requirement that the injury is a direct result of the special hazards inherent in the employee's
duties and provisions re compensation for certain injured state employees on and after October 1, 1991, and by deleting
provisions re reimbursement for damaged personal property; P.A. 95-195 amended Subsec. (a) to replace member of the
Department of Liquor Control with member of the Department of Consumer Protection who carries out the duties of Secs.
30-2 to 30-68m, inclusive, effective July 1, 1995; P.A. 95-257 replaced Commissioner and Department of Mental Health
with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995; P.A. 96-219 amended
Subsec. (a) by changing the name of the "Office of State Capitol Security" to the "Office of State Capitol Police"; P.A.
01-208 amended Subsec. (a) by adding "or while responding to an emergency or code at a correctional institution" in
Subdiv. (1) and making technical changes for the purposes of gender neutrality; P.A. 03-19 made technical changes in
Subsec. (a), effective May 12, 2003; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer
Protection with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec.
146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection,
effective June 1, 2004; P.A. 04-234 replaced Board of Parole with Board of Pardons and Paroles in Subsec. (a), effective
July 1, 2004; P.A. 05-288 made technical changes in Subsecs. (c) and (d), effective July 13, 2005; P.A. 06-196 made
technical changes in Subsec. (d), effective June 7, 2006.
See Sec. 5-161(f) re retirement contributions and credit for those receiving disability compensation.
See Sec. 29-4a re disability of member of Division of State Police resulting from hypertension or heart disease.
Reactivation of tuberculosis constituted contraction of disease within meaning of statute. 138 C. 620. Cited. 175 C.
424. Cited. 220 C. 721. Cited. 221 C. 41.
Cited. 16 CA 65.
Subsec. (a):
Special benefits conferred by this section not an obstacle to greater recovery under Sec. 31-307. 220 C. 721. Recovery of
either salary benefits under this section or workers' compensation benefits including right to receive concurrent employment
benefits under Sec. 31-310 discussed. Id., 739.
Only required that claimant be in actual performance of police or guard duties, not proof that duties were themselves
hazardous. 16 CA 65. "Salary" limited to base salary excluding previously paid overtime, shift differential or maintenance
allowance. 29 CA 559. Workers' compensation review board properly reversed decision of workers' compensation commissioner in determining that correction officer was neither restraining an inmate nor injured by a special hazard inherent
in his guard duties when inmate stepped out of shower, slipped on floor, and grabbed the officer to break his fall. 67 CA
330. A special hazard inherent in the job, for the purposes of satisfying Subsec., is a heightened danger or peril that
sometimes arises in performing the enumerated jobs, other than the general hazard always present in those jobs, or present
in events involving the general populace. 99 CA 808.
Subsec. (b):
Cited. 221 C. 29.