AGO 1990-011.

Case DateMarch 29, 1990
CourtConnecticut
Connecticut Attorney General Opinions 1990. AGO 1990-011. March 29, 1990Opinion No. 1990-011Steven Weinberger, DirectorRetirement DivisionOffice of the State Comptroller55 Elm Street, 3rd FloorHartford, CT 06106 Dear Mr. Weinberger: By letter dated December 1, 1989 on behalf of the State Employees Retirement Commission, you asked whether the arbitration award between the state and the State Employees Bargaining Agent Coalition (SEBAC), which was approved by the General Assembly on October 12, 1989, extends the retirement incentive provisions of Public Act No. 89-323 ("Act") to certain categories of employees in hazardous duty job classifications who had twenty years of such service on or before July 1, 1989 and became eligible for retirement as of that date as a result of provisions in the arbitration award which had an effective date of July 1, 1988. We conclude that the arbitration award does not operate to change the provisions of the Act which impose the eligibility requirements for retirement at the time the Act was passed. On August 16, 1989, the Attorney General responded to an inquiry of the State Comptroller as to whether members of the State Employees Retirement System (SERS) serving in hazardous duty job classifications were eligible for the supplemental retirement benefits provided by the Act if they had twenty years of service but had not attained the age of forty-seven as of July 1, 1989. Noting that Conn. Gen. Stat. e§5-173(a) sets forth retirement qualifications for SERS members in hazardous duty job classifications and provides a minimum age requirement of forty-seven, the Attorney General advised that the Act did not alter existing retirement requirements and therefore it did not extend to such members since they did not qualify for retirement under Conn. Gen. Stat. e§5-173(a) on or before July 1, 1989 as expressly required by the Act. ______ Conn. Op. Atty. Gen. ____ 1989 (letter to Honorable J. Edward Caldwell, August 16, 1989). The validity of that conclusion is not affected by the arbitration award. Section 1 of the Act provides in pertinent part:
[A]ny member of the state employees' retirement system (1) who is in active state service or receiving workers' compensation payments, and who has ten or more years of credited state service and is eligible to retire on or before July 1, 1989 ... shall be
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