Sec. 51-295a. Retirement of certain public defenders. Retirement salary. Credit for prior service. Transfer or return of contributions. Pension for surviving spouse.
Sec. 51-295a. Retirement of certain public defenders. Retirement salary.
Credit for prior service. Transfer or return of contributions. Pension for surviving
spouse. (a) Each public defender incumbent on July 1, 1978, may elect to be included
in the provisions of this section and section 51-49, and in each such case, the Comptroller
shall deduct five per cent of the salary of each such public defender as contributions for
the purposes of this section and section 51-49, provided any such public defender who
has so elected may thereafter elect to be included under the provisions of chapters 65 and
66 and upon such election his past contributions under this section shall be transferred to
the State Employees Retirement Fund and he shall be credited with all prior service. The
Chief Public Defender and the Deputy Chief Public Defender may elect to be included in
the provisions of this section and section 51-49, and in each such case, the Comptroller
shall deduct five per cent of the salary of such person as contributions for the purposes
of this section and section 51-49.
(b) Each person who elected to be included in the provisions of this section and
section 51-49 and who has attained the age of sixty-five or who attains the age of sixty-five while serving in office, and each such person who has attained the age of sixty and
so elects, or who attains the age of sixty while serving in office and so elects, shall
receive annually as retirement salary, for each year he has served in such office, one-tenth of two-thirds of the salary of such office, as such salary may be changed from time
to time, but in no event more than two-thirds of such salary.
(c) Each such person shall, for retirement purposes, be entitled to credit for any or
all the prior years of service accrued by him on the date of his appointment as Chief
Public Defender, Deputy Chief Public Defender or public defender, while serving in
the office of (1) Chief Public Defender, (2) Deputy Chief Public Defender, (3) public
defender, assistant public defender or deputy assistant public defender in the Superior
Court, Court of Common Pleas or Circuit Court, (4) state's attorney, assistant state's
attorney or deputy assistant state's attorney in the Superior Court, (5) prosecuting attorney or assistant prosecuting attorney in the Court of Common Pleas or the Circuit Court,
or (6) executive secretary or assistant executive secretary of the Judicial Department,
provided such person shall pay to the Comptroller five per cent of the salary of his office
for each prior year of service he claims for retirement credit. Each such person shall be
entitled to have his retirement contributions to the state employees retirement system
under chapter 66 credited toward the payment due for the prior years of service he claims
for retirement credit.
(d) If any such person 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
this section, without interest, except that if such person has completed at least ten years
of credited service 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.
(e) Each spouse of a person who elected to be included in the provisions of this
section and section 51-49, if such person died while holding the office of Chief Public
Defender, Deputy Chief Public Defender or public defender or after his retirement under
this section or section 51-49, shall receive a monthly allowance equal to one-twelfth of
thirty-three and one-third per cent of the salary of the office which such person held at
the time of his death or retirement, as such salary may be changed from time to time.
If such person leaves no surviving spouse, or if the surviving spouse dies before the
youngest child of such person reaches the age of eighteen, such monthly allowance shall
be payable, until such child reaches the age of eighteen, to his guardian, for the support
of such child and any other children of such person under the age of eighteen.
(f) For purposes of determining the retirement salary of each Chief Public Defender,
Deputy Chief Public Defender or public defender under subsection (b) of this section
and the allowance payable to their surviving spouses under subsection (e) of this section,
"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 Public Defender, Deputy Chief
Public Defender and public defender to whom a longevity payment has been made or
is due and payable, in each instance under section 51-295b or section 5-213, (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 Public Defender, Deputy Chief Public Defender or public defender, (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 Public Defender,
Deputy Chief Public Defender or public defender, (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 Public Defender, Deputy Chief Public Defender or public defender, 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 Public Defender, Deputy Chief Public
Defender or public defender.
(g) The Comptroller shall deduct from the longevity payable under section 51-295b
or section 5-213 to each Chief Public Defender, Deputy Chief Public Defender or public
defender who is included in the provisions of this section and section 51-49, five per
cent of the longevity payment as contributions for the purposes of this section and section
51-49.
(P.A. 84-421, S. 1, 4; P.A. 86-348, S. 5, 8.)
History: P.A. 84-421 effective July 1, 1985; P.A. 86-348 amended Subsec. (a) to authorize chief public defender and
deputy chief public defender to elect to be included in this section and Sec. 51-49 and to require contributions of 5% of
salary for purposes of said sections, amended Subsec. (b) to provide chief public defender and deputy chief public defender
with retirement credit for prior service in enumerated offices and expanded enumerated offices to include chief public
defender, deputy chief public defender or public defender, added Subsec. (f) defining "salary of the office" for purposes
of determining retirement salary and added Subsec. (g) requiring contributions of 5% of longevity payment for purposes
of this section and Sec. 51-49, and made technical changes to reflect ability of chief public defender and deputy chief
public defender to elect to be included in said sections.