Sec. 45a-45. (Formerly Sec. 45-29l). Retirement contributions of judges. - Connecticut Statutes

      Sec. 45a-45. (Formerly Sec. 45-29l). Retirement contributions of judges. (a) Each judge of probate shall contribute to the fund three and three-quarters per cent of that portion of the judge's annual compensation with respect to which contributions are not made to the Federal Old Age and Survivors System as provided for in sections 7-452 to 7-459, inclusive, and one per cent of that portion from which such contributions are made. Contributions are to be forwarded by the judge of probate to the Retirement Commission to be credited to the retirement fund on the judge's account.

      (b) Retirement contributions to the fund shall be made in four installments payable on or before the last day of March, June, September and December of the applicable year, and each payment shall approximate as closely as possible one-fourth of the estimated annual contribution based upon the estimated annual net income of the office, provided, if the amount to be forwarded is less than one hundred dollars, remittances shall be made in one payment on or before December thirty-first of the applicable year.

      (c) When the actual net income for a particular year becomes known, and in no event later than March first of the following year, the probate judge shall add to his next payment the amount of any deficiency, or subtract from his next payment the amount of any excess contributions for said year. If a judge has no net income in any particular year, the Probate Court Administrator shall report accordingly to the Retirement Commission. Any retirement contributions not paid within thirty days of the time prescribed in subsection (b) or this subsection shall incur simple interest at the rate of twenty per cent per annum.

      (d) (1) Any judge leaving office before becoming eligible for a retirement allowance may, on request to the Retirement Commission, withdraw the total of all contributions made by him, without interest, provided, if he makes no such request within ten years after leaving office, his contributions shall revert to the fund.

      (2) Notwithstanding the provisions of subdivision (1) of this subsection, if such departure from office or withdrawal of contributions is on or after October 1, 1986, the withdrawal of contributions shall include interest credited from the later of (A) January 1, 1986, or (B) the first of the calendar year following the date of actual contribution, to the first of the calendar year coincident with or preceding the date the judge leaves office. Such interest shall be credited at the rate of five per cent per year. In addition, for the partial calendar year during which the judge leaves office or withdraws contributions, provided such date is after January 1, 1986, interest shall be credited at the rate of five-twelfths of one per cent multiplied by the full number of months completed during such calendar year, such interest rate to be applied to the value of contributions, including any prior interest credits, as of the first day of such calendar year.

      (3) Any judge who withdraws his contributions from the fund and is subsequently reinstated shall not receive credited service for such prior time in office in the computation of any benefit under the retirement plan unless the withdrawn contributions have been repaid with interest at a rate to be determined by the commission. Any judge who was ineligible for retirement benefits at the time he became a judge and who has not made contributions under this section, who becomes eligible, or whose spouse becomes eligible, for any benefit under the retirement plan, shall receive credited service for any time in office, provided such judge makes such contributions with interest at a rate to be determined by the commission.

      (1967, P.A. 558, S. 37; P.A. 75-184, S. 3; P.A. 79-454, S. 10, 12; P.A. 80-476, S. 47; 80-483, S. 118, 186; P.A. 82-309, S. 2; P.A. 86-242, S. 9; P.A. 94-98, S. 6.)

      History: P.A. 75-184 added reference to Secs. 7-452 to 7-459; P.A. 79-454 added provision re credited service for time in office contingent upon payment of contributions and interest determined by commission; P.A. 80-476 divided section into Subsecs. and rephrased provisions; P.A. 80-483 made technical correction in Subsec. (d); P.A. 82-309 required payment in four installments payable on or before last day of March, June, September and December of applicable year, except that if the amount is less than $100, remittance shall be made in one payment on or before December thirty-first, and delinquent contributions shall incur interest at the rate of 20%; P.A. 86-242 amended Subsec. (d) by adding provision for payment of interest on contributions withdrawn on or after October 1, 1986; Sec. 45-29l transferred to Sec. 45a-45 in 1991; P.A. 94-98 amended Subsec. (a) by decreasing contribution to fund by judge from 5% to 3.75% of annual compensation and decreasing contribution from 1.25% to 1% of portion of pay from which contributions to Federal Old Age and Survivors System are made.