AGO 1991-029.

• Case Date: August 09, 1991
• Court: Connecticut

Connecticut Attorney General Opinions 1991. AGO 1991-029. August 9, 1991Opinion No. 1991-029John R. Shears, AdministratorState Teachers' Retirement Board165 Capitol AvenueHartford, CT 06106 Dear Mr. Shears: This is in response to your letter of April 11, 1991 in which you relate that the State Teachers' Retirement Board has requested our advice on the eligibility of a member of the Teachers' Retirement System to purchase additional service credits toward retirement for time while under disciplinary suspension. The facts surrounding this situation are largely determinative of the answer to this question and are as follows: On December 20, 1990, Stephen Sekula, a teacher in the Madison School System was arrested for Larceny in the FIrst Degree related to computer and electronic equipment belonging to the school system, On March 13, 1991, his application accelerated rehabilitation on this charge was granted by the court, and Mr. Sekula was placed on one year's probation. On January 21, 1991 Mr. Sekula entered into an agreement with the Madison Board of Education whereby he agreed to "accept a disciplinary suspension, without pay or any benefits, effective January 22, 1991." The preamble to that signed agreement states that Mr. Sekula "offered to accept the discipline ... in lieu of the board proceeding further on the motion to consider termination of his contract of employment." The agreement further provides that Mr. Sekula "shall receive no seniority or service credit for his employment with the Madison Board of Education during the 1990-91 school year, "He shall be on a one year probation for that school year." Finally, by signing the agreement to accept a disciplinary suspension, Mr. Sekula agreed that the suspension was "for just cause." Subsequent to entering into this agreement, Mr. Sekula requested of the Superintendent of Schools that he be allowed to complete the formal leave of absence application form provided by the Teachers' Retirement Board. Mr. Sekula was denied permission to complete the form by the Superintendent who told Mr. Sekula that he was not on a leave of absence, but, rather, was on a disciplinary suspension. Mr. Sekula then sought to make contributions to the Teachers ReTIREMENT System claiming he was on a formal leave of absence granted by the Madison Board of Education. The Administrator of the System...