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[Special Act No. 627 of 1953, amended via Union negotiations
and approval of the Board of Aldermen, effective on February 1, 1977,
January 1, 1987, July 1, 1994, and February 8, 1996; approved November
14, 1996]
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A.
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The effective date of this restatement of Number 627 of the
Special Acts of 1953 as amended shall be July 1, 1994. Each member
of the prior plan who is employed by the City on July 1, 1994 shall
continue to be a member under this plan. Each former member who is
receiving pension payments under the prior plan on July 1, 1994 shall
continue to receive such payments in accordance with the terms of
the prior plan.
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B.
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For simplification, the masculine gender shall include the feminine
and the singular shall include the plural.
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The following terms, as used in this act, unless a different
meaning is plainly required by the context, shall have the following
meaning:
1.
"retirement system" shall mean the plan for retirement of city employees
as established by this act;
2.
"retirement board" and "the board" shall mean the board herein created
for the administration of the retirement system;
3.
"pension" shall mean a payment made to an employee according to the
provisions of this act, other than a return of contributions;
4.
"retirement fund" shall mean the fund derived form the contributions
made as herein provided for the payment of pensions to city employees
retired under this act;
5.
"regular interest" shall mean interest at the rate determined from
time to time by the retirement board, and shall be substantially that
which is earned on the retirement fund, compounded annually on the
last day of the fiscal year;
6.
"fiscal year" shall mean the twelve months from July first (1st) of any year to June thirtieth (30th) of the following year, both dates inclusive; (To effect the preceding,
the period January 1, 1991 to June 30, 1991 will be considered a shortened
plan year.)
7.
"pay" shall mean the salary or wages of an employee for his services
with the city; Pay shall include all payments for which services is
credited under the plan;
8.
"vested" shall mean any member of the plan who has completed five
(5) years of employment with the city and are entitled to a pension.
A.
There shall be a retirement system for the city of Derby, the management
of which shall be vested in a retirement board consisting of seven
members. The members shall be as follows: The City Treasurer, 2 year
Term; One member of the Board of Apportionment and Taxation, 2 year
Term; One member of the Board of aldermen, 2 year Term; Two at-large
Members, 3 year term; One Regular full time employee covered by the
act representing the public works and water pollution control departments
to be chosen by the members of the said departments; One Additional
Employee of the City to be chosen by all other employees covered by
this act.
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The members of the retirement board appointed from the city
boards (Board of apportionment and Taxation, and Board of Alderman)
shall be appointed by the mayor, for the term of their elected office.
The two at large members, appointed by the mayor, shall be appointed
for three-year terms. These terms will be staggered (the initial terms
were one for five and one for three years.) In no event shall any
elected person remain a member of said board except during the time
he continues to hold his public office or to be a member of the body
from which he was appointed.
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B.
The members of the retirement board shall annually select a chairman
from within the said board. The members of the retirement board shall
serve without compensation. The city treasurer shall be the treasurer
of such fund. Said retirement board shall be trustee thereof and shall
have full control and management of all its securities and assets,
with power to invest and reinvest the same in accordance with the
laws of the state governing the investment of trust funds.
C.
The retirement board shall submit annually to the board of apportionment
and taxation of the city of Derby a schedule of estimated appropriations
of money necessary for the administration of this act, and it shall
receive, control, manage, and expend all of said fund, according to
the provisions of the act, including any moneys contributed by the
employees, with the same powers of investment and reinvestment as
are herein provided. It may adopt small benefit changes such as one
time cost-of-living increases with approval of the Board of Alderman.
D.
Such retirement board shall determine the eligibility of an employee
and his rights, and the rights of the city under this act: shall make
bylaws and regulations not inconsistent with the law for the administration
of this act, and shall do all things necessary and proper toward carrying
out the purposes for which the retirement system is created. It may
hire and dismiss employees necessary for the proper administration
of this act and fix their compensation, and shall engage expert actuarial,
auditing, clerical, and medical service when, in the judgment of the
retirement board, it is advisable. All expenses so incurred shall
be paid by the city.
A.
The terms of this act shall apply to all regular full-time employees
including elected officials of the city of Derby who are eligible
under the provisions of this section, but it shall not apply to employees
covered by the state teachers' retirement system nor to teachers
who were at any time eligible for membership therein: nor to employees
of the police department. Employees of the police department who were
participants in the retirement system on July 1, 1972 and all new
employees of the police department after that date shall be eligible
for coverage under the Connecticut Municipal Employee Retirement Fund.
A Regular full time employee is one who is employed by the city for
at least 30 hours per week and 40 weeks per year.
B.
On and after the effective date of this restatement, each eligible
employee who enters the service of the city shall, at the end of the
first six months of employment, be required to participate in the
retirement system, and such participation shall be a condition of
his continued employment, as long as he remains eligible therefor;
such participation to be effective on the first day of the calendar
month following the completion of six months of service with the city.
C.
Eligible employees do not make contributions to the retirement system
for the first six months of employment, but do receive service credit
from date of hire.
D.
The retirement board is empowered to adopt appropriate rules and
regulations specifically relating to the participation in the retirement
system of all employees whose active service may be suspended on account
of military service, authorized leave of absence or any cause acceptable
to the retirement board; provided these rules or regulations, before
actually becoming effective, shall be approved by a majority vote
of the board of aldermen of the city.
A.
The city shall pay annually to the retirement board such amounts
as are determined by the retirement board on sound actuarial principles
to be necessary, in addition to contributions of the employees, to
provide future pensions on account of service rendered by employees
subsequent to the date upon which each employee shall begin participation
in the retirement system.
B.
The city of Derby shall also be liable to the retirement board for
such an amount on account of future pension representing service of
employees covered by this act rendered prior to the inception of the
retirement system, and any unfunded liabilities created by revisions
made to the plan, as shall be determined by the board and the actuarial
consultants on sound actuarial principles. In lieu of full payment
initially of such an amount, the city shall pay periodically such
amounts as the retirement board determines as necessary to discharge
such liability over a definite period not to exceed thirty years from
the effective date of the plan revisions; provided in no fiscal year
shall the payment made on this account be less than regular interest
on the amount of such liability still outstanding.
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The unfunded pension credits created by the January, 1 1987
amendments to the plan shall be financed over a period not to exceed
thirty years from January 1, 1987. The additional unfunded pension
credits created by the February 1996 amendments to the Plan, (made
retroactive to July 1, 1994) shall be financed over a period not exceeding
thirty years from July 1, 1994. [NOTE; Unfunded liability created
at the plans inception and revisions to the plan of January 1, 1967
and February 1, 1977 were satisfied on July 1, 1986.]
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A.
Effective January 1, 1987, the uniform rates of contributions to
be made by all employees participating in the retirement system shall
be 3.5% of annual pay (3% prior to January 1, 1987). Such contributions
shall be collectible from employees as periodic deductions from pay
and transmitted immediately to the retirement board.
B.
Members who continue working beyond their normal retirement age will
continue to make employee contributions.
A.
Any member of the retirement system will be considered to have met
his Normal Retirement Age upon completion of the earlier of 5 years
of service and attained the age of 65 years or 25 years of service
and attainment of the age of 55 years.
B.
Any member so eligible may retire from service by filing with the
retirement board a written statement duly attested setting forth at
what time subsequent to the date of filing thereof, but no later than
60 days subsequent to such date, he desires to be retired; or the
retirement board may, at its option, retire any such eligible member
by furnishing him written notice thereof at least 60 days in advance
of the specified date of such retirement.
C.
Members who continue working past their Normal Retirement Age will
continue to accrue service and their pay will continue to be considered
for the determination of average annual benefit.
D.
Any active member of the retirement system who is at least age 55
and has complete 10 years of service shall be eligible to early retire
from service by filing with the retirement board as above.
E.
Any member who terminated employment prior to eligibility for early
retirement shall be eligible for an early retirement benefit no earlier
than age 62 and 10 years of service.
F.
Any member of the retirement system who, after 15 years of continuous
service as an employee of the city, shall be totally and permanently
disabled, except as a result of his own willful misconduct, and unable
to earn compensation at any substantially gainful employment, may
be retired for disability according to the provisions of this act;
provided proof of total disability shall be furnished to the retirement
board which cause examinations to be made by at least 2 impartial
medical examiners. If such total disability is shown to the satisfaction
of the board to have been sustained during the performance of essential
duties pertaining to his employment by the city, such disability shall
entitle any member to retirement for disability irrespective of the
duration of his employment.
G.
Any member whose employment by the city is discontinued and who has
completed five years of service is vested with the city and shall
be eligible to receive a pension at the time he attains age sixty-five,
or age fifty-five if he has completed twenty-five years of service,
provided he does not withdraw from the fund the whole of partial value
of his contributions before such time. Any member so eligible may
receive benefits by filing with the retirement board as above.
H.
Any member whose employment by the city is discontinued before he
has completed five years of service with the city or who chooses to
withdraw his contributions from the fund shall receive from the board
an amount equal to his contributions plus regular interest thereon
compounded annually and shall not be eligible for a pension.
I.
Rehired employees who had received a return of employee contributions
plus interest will be immediately reinstated into the Plan at the
date of rehire and may buy-back their previous service if the contributions
plus interest they received is repaid within one year.
J.
"Continuous service" for the purpose of this section shall mean uninterrupted
employment beginning from the date of hire; but absence from employment
for any reason, followed by reinstatement within one year thereafter,
shall not be considered as breaking the continuity of the service.
In the case of absence from employment for more than one year, the
retirement board shall determine the period within which the employee
may return without breaking the continuity of his service. Reinstatement
of an employee in the retirement system shall be conditioned upon
such medical examination as the board may prescribe and upon payment
to the retirement fund of contributions previously withdrawn together
with such and amount as will establish the proper actuarial reserve
for that portion of the pension reinstated, which was represented
by the contribution previously withdrawn.
K.
Employees of the City of Derby who have received approval from the
pension Board to buy back services, shall be allowed to buy back up
to a maximum of three (3) years of service contributions plus interest.
The buy back with accrued interest must be accomplished within one
year. Employee contributions amounts will be in accord with § A200-5
of this plan.
L.
In computing years of service to determine eligibility of a member
for retirement, years in which the employee has not been in actual
service for at least nine months are not included.
M.
Time spent in the armed forces of the United States in time of war
by any member of the retirement system, or any person who would otherwise
be eligible for membership hereunder, shall be included in computing
the length of time of service rendered the city, provided such person
shall apply for and qualify for re-employment by the city of Derby
in accordance with the terms of the national service act or any amendment
thereto.
A.
The retirement board shall pay to each member who retires on or after
Normal Retirement under this act a pension for life in an amount determined
as two percent (2.0%) of the average annual pay received during the
five consecutive years of service which produce the highest amount,
multiplied by the number of full years and completed months of service.
B.
The retirement board shall pay to each member who has been retired
under the early retirement provisions of § A200-6 a pension
for life equal to two percent (2.0%) of the average annual pay received
during the five consecutive years of service which produce the highest
amount, multiplied by the number of full years and completed months
of service and reduced by one-half percent (.5%) for each month before
his normal retirement date of superannuation that his pension begins.
C.
The retirement board shall pay to each member who has been retired
for disability according to the provisions of this act subsequent
to July 1, 1994 a pension during the continuance of such disability
in an amount determined as two percent (2.0%) of the average annual
pay received during the five consecutive years of service which produce
he highest amount, multiplied by the number of full years and completed
months of service; provided the board may, from time to time, call
for medical evidence that the employee continues to be totally disabled.
If the board, upon medical evidence, concludes that the disability
for which the employee is receiving a pension no longer exist, or
if it is established that such employee is engaged in a substantially
gainful occupation, the board shall thereupon order a discontinuance
of the pension payable to such employee. No pension payable to a member
on account of total and permanent disability sustained during the
performance of essential duties pertaining to employment by the city
shall be less than one-half the annual rate of pay received by the
disabled employee at the time of his disability.
D.
The retirement board shall pay to each eligible discontinued member
who has filed with the board a pension for life equal to two percent
(2.0%) of the average annual pay received during the five consecutive
years of service which produce the highest amount, multiplied by the
number of full years and completed months of service.
E.
Service for this section means continuous service from date of hire.
F.
Notwithstanding that a member may continue working after eligibility
for superannuation, a member who is eligible to receive a pension,
except for eligibility due to disability, may choose an optional form
of payment instead of payments for life by indicating his choice of
payment form in written statement filed with the board as described
in § A200-6. The amount of pension benefit under an optional
form will be the actuarially adjusted equivalent of the pension benefit
under the normal form of payments for life. The following options
are available:
(1)
Joint and survivor option: pension benefits are paid during the lifetime
of the retired member and his spouse, and continued to the spouse,
if still living, during her life at 50%, 75%, or 100%, as elected
by the member at his retirement.
(2)
Life annuity with 120 payments guaranteed: pension benefits are paid
to the retired member during his life and continued to his beneficiary
until a total of 120 monthly payments have been made, including payments
to the retired member.
G.
All pension payments shall represent completed months of retirement,
and shall become due and payable to the persons entitled thereto on
the last day of each calendar month, provided the initial pension
payment to a retired member shall be computed as the proportion of
the amount of his regular monthly pension corresponding to the fraction
of the month elapsed since the effective date of his retirement; and
provided, in the event of death of the retired member, the final pension
payment shall be computed as the proportion of the amount of his regular
monthly pension corresponding to the fraction of the month elapsed
from the first day of the month to the day of death in said month.
H.
Anything contained herein to the contrary notwithstanding, there
shall be no reduction in pension benefits accrued to July 1, 1994
as a result of this restatement. All pension benefits are determined
as an annual amount and paid monthly.
A.
An active member who dies after completing 5 years of service shall
have a death benefit payable to his surviving spouse. The member's
spouse shall be entitled to a monthly pension with payments commencing
on the later of:
B.
The monthly benefit payable to the member's spouse will equal
50% of the benefit payable in the 50% Joint & Survivor annuity
form to which the member would have been entitled assuming he had
terminated employment on the day before his death, lived to his earliest
retirement date, elected the 50% Joint & Survivor annuity form
of benefit, and then died. The benefit is payable to the member's
spouse until the spouse either dies or remarries.
C.
In lieu of this monthly pension, the spouse may elect to receive
a return of the member's total contributions to the plan plus
regular interest as a one time payment. If the spouse elects the return
of contributions plus regular interest, no further pension benefits
or death benefits will be payable under this plan.
D.
An active member who dies before completing five years of service
or an active member who is not married and dies before commencement
of benefits will have an amount equal to his contributions paid by
him in accordance with § A200-5 plus regular interest thereon
compounded annually paid to his beneficiary as he may have designated
in writing and filed with the retirement board, or, in the event that
no such beneficiary shall have been designated, such sum shall become
a part of his estate.
E.
A member whose pension benefits commence prior to his death will
have the death benefit payable to his beneficiary in accordance with
the form of benefit the member elected. However, if the total payments
made to the member and/or beneficiary are less than the amount of
the member's contributions in accordance with § A200-5
plus regular interest thereon, the excess of the contribution plus
interest over the benefit payments will be made to his beneficiary.
A.
Any retired employee receiving a pension on December 1, 1986 shall
on and after January 1, 1987 receive an increase in his monthly pension
equal to two percent (2%) times the number of full calendar years
since the retiree started receiving pension payments. This section
shall not be intended to include employees retiring after January
1, 1987.
B.
Any retired employee who was receiving a pension on July 1, 1994
shall on and after June 1, 1996 receive an increase in the monthly
pension payment equal to two and one half percent (2.5%) times the
number of full calendar years retired between the period between January
1, 1987 and January 1 1996. Retirees who were receiving pension payments
prior to January 1, 1987 received an adjustment for that period in
Subsection A. This section shall not be intended to include employees
retiring after July 1, 1994.
C.
Effective with the date of restatement of this plan the Pension Board
shall review of the Cost of Living Increases every five year period
and make its decision if additional one time Pension Benefits should
be granted. The first review should be made for an effective date
of January 1, 2002.
All Social Security payments which a member who retires subsequent
to December 31, 1986 may become entitled to receive under the provisions
of the Federal Social Security act shall be in addition to the pension
provided in accordance with the terms of this act.
All moneys received by any member or dependent as an award payable
by the City under the workers' compensation act shall be deducted
from any concurrent payments provided under the act.
No action for amounts due under the provisions of this act shall
be brought but within three years after the right of action shall
accrue. Persons legally incapable of bringing an action when the right
accrues may sue at any time within the three years next after becoming
legally capable of instituting suit. All Amounts not claimed within
said period shall remain absolutely a part of the retirement fund.
The right of any person to a pension, to the return of contributions,
any benefit or right accrued or accruing to any person under the provisions
of this act, and the cash and securities held under this act, shall
be exempt from any state or municipal tax, and exempt from levy and
sale, garnishment, attachment, or any other process whatsoever, and
shall be unassignable.
The retirement board shall, on or before May first of each year,
file with the board of apportionment and taxation an annual report
showing the financial condition of the retirement system as of the
end of the last-completed fiscal year, including an actuarial valuation
of assets and liabilities, and setting forth such other facts, recommendations,
and data as may be of value to the members of the retirement system
and of the city of Derby,
A.
The city of Derby assumes the obligation to pay all expenses incurred
in administering this pension plan, including accounting, actuarial,
and legal expenses. To the extent the City does not meet this obligation,
expenses may be paid from the pension funds, with the City obligated
to reimburse the fund as part of its normal annual contribution.
B.
Not withstanding the above, expenses incurred in calculating and/or
estimating retirement benefits for a member will be the responsibility
of the member, except the City will assume the expenses in calculating
the amount of benefit that the member actually receives. The City
assumes the responsibility of collecting the fee from the member.
At its option, the City may set a flat fee for each benefit calculation
for which the member is liable.
The section headings contained herein are for convenience only
and do not define, limit, construe or amplify the contents of such
section.
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Boundaries
AN ACT EMPOWERING THE TOWNS OF DERBY AND ANSONIA TO DETERMINE
THEIR BOUNDARIES AT COE LANE AND DIVISION STREET. (Sp. A. No. 582,
approved June 29, 1951.)
AN ACT RE-ESTABLISHING THE BOUNDARY LINE BETWEEN THE TOWNS OF
ORANGE AND DERBY ALONG STATE HIGHWAY ROUTE No. 34 (Sp. A. No. 197,
approved June 29, 1951.)
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Injuries
AN ACT VALIDATING NOTICE OF DEBORAH TURCOTT TO THE CITY OF DERBY.
(Sp. A. No. 76, approved May 25, 1967.)
AN ACT VALIDATING A NOTICE OF INJURY INCURRED BY ANNA CAMBO,
GIVEN TO THE CITY OF DERBY. (Sp. A. No. 82, approved May 26, 1967.)
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Janitor
AN ACT CONCERNING THE JANITOR OF THE CITY HALL AND THE CARETAKER
OF THE "GREEN" IN THE CITY OF DERBY. (Sp. A. No. 83, approved March
29, 1933.)
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Pension
AN ACT CONCERNING A PENSION TO BE PAID BY THE CITY OF DERBY
TO JAMES S. DONAHUE, CITY CLERK. (Sp. A. No. 244, approved May 4,
1943; Sp. A. No. 152, approved May 13, 1955.)
AN ACT PROVIDING FOR A PENSION TO BE PAID BY THE CITY OF DERBY
TO MRS. CHARLOTTE C. DEVLIN. (Sp. A. No. 99, approved May 9, 1945.)
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