Sec. 5-158h. Transfers between parts A and B.
Sec. 5-158h. Transfers between parts A and B. (a) Notwithstanding any provisions of part III of this chapter to the contrary, each state employee or member who is
covered under the state employees retirement system and also under Social Security
shall have the right to determine whether to be retroactively covered under the full part
A provision commonly referred to as "Plan C" or under the part B provision until the
first of the month following three months after June 28, 1985. After such date, no employee may transfer between part A and part B. If a member terminates and is reemployed
after such date, such member shall automatically be covered under whichever part he
was covered at the time of the prior termination.
(b) If a member covered under part B elects to transfer to full part A prior to such
date, the member shall notify the Retirement Commission no later than the first of the
month following three months after June 28, 1985, on the form provided by it and shall
pay in a lump sum the extra contributions that would have been payable, without interest,
had such part A election been made as of his date of entry into the system. If such
employee is financially unable to make such lump sum payment, the employee and the
Retirement Commission may enter into a contract for payment of such amount in not
more than one hundred thirty-one equal biweekly installments. Such installments shall
include interest at five per cent a year, and the transfer to part A shall not be effective
until all such installments have been paid. If a member severs employment for any reason
before all such installments are paid, the balance outstanding shall be payable in a lump
sum within ninety days or a longer period if approved by the Retirement Commission.
If such amount is not paid, the member shall be entitled to the refund of prior installments,
but without any additional interest.
(c) If a member covered under full part A provisions elects to transfer to part B
prior to such date, the member shall notify the Retirement Commission no later than
the first of the month following three months after June 28, 1985, on the form provided
by it. Such member shall receive as a refund from the retirement fund, the contributions
that had been paid by him, including any interest paid by such member, but excluding
any other interest adjustment, beyond those that would have been payable had such part
B election been made as of his date of entry into the system or January 1, 1956, whichever
is later.
(d) If a member does not wish to change his coverage, no action on his part shall
be required.
(P.A. 83-533, S. 6, 54; P.A. 85-510, S. 19, 35.)
History: P.A. 85-510 amended Subsec. (a) to extend deadline for determination re coverage under part A or part B from
January 2, 1984, to the first of the month following three months after June 28, 1985, and amended Subsecs. (b) and (c)
to extend deadline for notification of retirement commission from January 1, 1984, to the first of the month following three
months after June 28, 1985.
See Sec. 5-158e re transfers from part A to part B.