Sec. 51-287. (Formerly Sec. 51-175a). Retirement of state's attorneys. Retirement salary. Credit for prior service. Return of contributions.
Sec. 51-287. (Formerly Sec. 51-175a). Retirement of state's attorneys. Retirement salary. Credit for prior service. Return of contributions. (a) Each Chief State's
Attorney, deputy chief state's attorney and state's attorney who elected under the provisions of section 51-278 to be included in the provisions of this section and who has
attained the age of sixty-five or who attains the age of sixty-five while serving in office,
and each such Chief State's Attorney, deputy chief state's attorney and state's attorney,
who has attained the age of sixty and so elects or who so elects on attaining the age of
sixty while so serving, shall receive annually as retirement salary, for each year he has
served in any such office, one-tenth of two-thirds of the salary of the office which he
held at the time of his retirement, as such salary may be changed from time to time; but
in no event more than two-thirds of such salary.
(b) Each such attorney shall, for retirement purposes, be entitled to credit for any
or all the prior years of service accrued by him on July 1, 1978, while serving in the
office of (1) state's attorney, (2) assistant state's attorney, (3) public defender in the
Superior Court, (4) prosecuting attorney in the Court of Common Pleas, (5) chief prosecuting attorney or deputy chief prosecuting attorney, prosecuting attorney or assistant
prosecuting attorney in the Circuit Court, or (6) public defender or assistant public
defender in the Circuit Court, provided such attorney shall pay to the Comptroller five
per cent of the salary for his office for each prior year of service he claims for retirement
credit. Each such attorney shall be entitled to have his retirement contributions to the
state employees retirement system under chapter 66 or to the state's attorneys' retirement
system under this section prior to July 1, 1973, credited toward the payment due for the
prior year or years of service he claims for retirement credit hereunder.
(c) If any such attorney resigns or is removed from office before his retirement
under this section, he shall be entitled to the return of all contributions made by him
under section 51-278, without interest thereon, except that, if the attorney has completed
at least ten years of service creditable under this section, he may, at his option, elect
instead to receive a retirement income on a reduced actuarial basis, as determined by
the Comptroller.
(d) For purposes of determining the retirement salary of each Chief State's Attorney,
deputy chief state's attorney or state's attorney under subsection (a) of this section and
the allowance payable to their surviving spouses under section 51-288, "salary of the
office" shall be composed of the total of the following amounts: The annual salary of
the office which he held at the time of his retirement, as such salary may be changed
from time to time; and for each Chief State's Attorney, deputy chief state's attorney,
and state's attorney to whom a longevity payment has been made or is due and payable,
in each instance under section 51-287a, (1) one and one-half per cent of annual salary,
as such salary may change from time to time, for those who have completed ten or more
but less than fifteen years of service as a Chief State's Attorney, deputy chief state's
attorney, state's attorney or assistant state's attorney, (2) three per cent of annual salary,
as such salary may change from time to time, for those who have completed fifteen or
more but less than twenty years of service as Chief State's Attorney, deputy chief state's
attorney, state's attorney or assistant state's attorney, (3) four and one-half per cent of
annual salary, as such salary may change from time to time, for those who have completed twenty or more but less than twenty-five years of service as a Chief State's Attorney, deputy chief state's attorney, state's attorney or assistant state's attorney, and (4)
six per cent of annual salary, as such salary may change from time to time, for those
who have completed twenty-five or more years of service as a Chief State's Attorney,
deputy chief state's attorney, state's attorney or assistant state's attorney.
(e) Any such attorney who is retired under this section and who is appointed a judge
shall not receive a retirement salary pursuant to this section during the period such retired
attorney serves as a judge.
(1967, P.A. 622, S. 6; 1971, P.A. 71, S. 1; 677, S. 1; P.A. 73-122, S. 10, 27; P.A. 77-576, S. 50, 65; P.A. 78-342, S. 1;
P.A. 82-248, S. 143; P.A. 84-399, S. 10, 17; P.A. 85-517, S. 4, 5; P.A. 94-164, S. 6, 8; P.A. 98-197, S. 7, 8.)
History: 1971 acts allowed state's attorneys credit for retirement for serving as public defender in superior court and
clarified applicability by referring to state's attorneys in office on June 1, 1971, rather than to "incumbent" state's attorneys
and clarifying reference to service accrued on July 1, 1967; P.A. 73-122 applied provisions to chief state's attorneys and
deputy chief state's attorneys, updated applicable dates, allowed credit for service as defender or prosecutor in circuit court,
added reference to prior option of contributing to state's attorneys' retirement system and added exception re retirement after
10 years' service at age 60; Sec. 51-175a transferred to Sec. 51-287 in 1975; P.A. 77-576 included "chief", "deputy chief"
and "assistant" prosecuting attorneys in Subdiv. (5); P.A. 78-342 removed minimum age requirement of 60 years in
exception added by P.A. 73-122; P.A. 82-248 made minor technical changes and inserted Subsec. indicators; P.A. 84-399
added Subsec. (d) providing that determination of retirement salary, allowance payable to surviving spouses and definition
of "salary of the office" shall include credit for longevity payments; P.A. 85-517 added Subsec. (e) prohibiting receipt of
retirement salary by retired state's attorney during period such retired attorney serves as a judge; P.A. 94-164 amended
Subsec. (b) to increase credit for prior years of certain service from service accrued on July 1, 1973, to service accrued on
July 1, 1978, effective July 1, 1994; P.A. 98-197 amended Subsec. (d) by including service as an assistant state's attorney
for longevity purposes, effective July 1, 1998.
See Sec. 5-190a re retirement credit.
See Sec. 51-49 re disability retirement.
Cited. 216 C. 523.