Town of West Hartford, CT Personnel

Editor's Note: Former § 30-6, Payments made on anniversary date, was repealed 6-9-1998.

Article II Pension Plan

[Adopted 9-12-1972 (Secs. 2-95 through 2-147 of the 1972 Code)]

§ 30-7 Title.

This article shall be known as the "Town of West Hartford Pension Plan."

§ 30-8 Definitions.

When used in this article, the following terms shall have the meanings set forth below:

ACTUARIAL EQUIVALENT

[Added 6-10-1986 [1]]

Along with similar terms, an amount of equal value determined as follows:

Participant mortality shall be determined according to the 1971 Group Annuity Mortality Table with a one-year age setback.

Contingent annuitant or other beneficiary mortality shall be determined according to the 1971 Group Annuity Mortality Table with a five-year age setback.

Six and one-half percent interest.

If the plan is ever amended to include a lump-sum option as an alternative to a guaranteed annuity, the lump-sum amount shall be determined according to a mortality table and interest rate established at the time of such amendment.

ACTUARY

A member of the Society of Actuaries, or an organization employing such a member, appointed and compensated by the Pension Board to render actuarial service with respect to this plan.

AFFECTED MEMBER

[Amended 5-12-1992]

A member included in Part A or Part B of the plan on February 1, 1992, other than a member who is an employee of the Town's Board of Education, who:

Is eligible for retirement under § 30-12 or 30-13 at any time between February 1, 1992, and June 30, 1992;

Retires not later than June 30, 1992, pursuant to a written election to retire that is provided to the Pension Board not later than March 24, 1992;

Executes a written agreement and general release with the Town not later than March 24, 1992, in a form prescribed by the Town; and

(4)

Does not revoke such agreement and general release within seven days following the execution of the agreement and general release; and

A member, employed by the Town's Board of Education, included in Part B of the Plan on May 14, 1992, who:

Is eligible for retirement under § 30-12 at any time between May 14, 1992, and August 31, 1992;

Retires not later than August 31, 1992, pursuant to a written election to retire that is provided to the Pension Board not later than June 30, 1992;

AVERAGE FINAL COMPENSATION

Executes a written agreement and general release with the Town not later than June 30, 1992, in a form prescribed by the Town; and

(4)

Does not revoke such agreement and general release within seven days following the execution of the agreement and general release.

ALLOWANCE MEMBER

A member included in Part B who is not employed by the Town's Board of Education and is in a position not covered by a collective bargaining agreement or a member who is a COLA member (including Part B-1 member).

[Added 1-27-1998, effective 1-1-1998; amended 9-14-1999, effective 10-28-1998]

The average annual compensation of a member during the three highest paid calendar years of service prior to and including the last full month of employment. When determining the average final compensation of an individual who was employed by the Town immediately prior to being employed by the health district, compensation received by the individual for employment with the health district shall be considered compensation received for employment with the Town.

[Amended 10-10-1995; 1-25-2005[2]]

BASE PAY

The yearly salary or wages of a member, excluding any overtime payments, premium payments or bonus payments, excluding any compensation representing required contributions to the plan that were not made, excluding any lump-sum payments for sick or vacation time, and excluding any longevity payments, payments for meals and any other extra payments.

[Added 1-25-2005[3]]

BENEFICIARY

Any person who may be entitled to receive any death benefit which may be payable as provided under this article.

COLA MEMBER

A member who is included in Part B and is employed pursuant to a collective bargaining agreement with the Building Maintenance Unit, Supervisory Unit, Professional and Management Unit, Grounds Maintenance Unit or Clerical Unit of Service Employees International Union, Local 760, or a member who is included in Part B-1.

[Added 1-27-1998, effective 1-1-1998; amended 9-14-1999; 1-25-2005[4]]

COMPENSATION

Wages or salary, determined by including temporary increases or decreases thereof, payments on account of overtime worked and the value of maintenance, if any, and by excluding any portion of taxable income of a member attributable to health insurance coverage.

[Amended 1-24-2006[5]]

CONTINGENT ANNUITANT

The person, if any, whom a member shall have designated to receive annuity payments following the death of such member as provided in § 30-21.

COVERED COMPENSATION

The average amount of a member's compensation with respect to which old-age and survivors insurance benefits would be provided for him or her under the Social Security Act, computed as though, for each year until he reaches age 65, or his or her actual retirement age, if later, his or her annual compensation is at least equal to the taxable wage base for social security for that year, provided that no change in the maximum social security taxable wage base after the earlier of the member's most recent separation from service or his or her actual retirement date shall be taken into account for this purpose.

[Added 6-10-1986[6]]

CREDITED SERVICE

The latest period of continuous employment of a member by the Town, up to and including such member's actual retirement date or the date of death, discharge or termination of employment if such occurs prior to the actual retirement date. Credit for a full year of service shall be given where absences within the year due to disability and leave of absence do not exceed 90 days, except as may be specifically provided otherwise by action of the Pension Board. For the purpose of computations involving credited service, fractional parts of a year shall include all completed months of employment.

EMPLOYEE

Any person employed by the Town who is required by his or her position to serve the Town continuously for at least nine months of a year and for at least 1,000 hours during the Town's usual business hours, provided that such term shall not include employees of the Board of Education who have been, are or shall be eligible for membership in the State Teachers' Retirement System. In the case of an individual who was employed by the Town immediately prior to being employed by the health district, service with the health district shall be considered service with the Town for purposes of determining status as an employee and for purposes of applying any other provision in this plan that pertains to employment status with the Town.

[Amended 7-16-1974; 7-20-1976; 10-10-1995]

HEALTH DISTRICT

The health district formed by the Town with the Town of Bloomfield pursuant to the General Statutes of Connecticut.

[Added 10-10-1995]

INCENTIVE MEMBER

A member included in Part A or Part B of this plan on July 1, 1994, other than a member who is an employee of the Town's Board of Education, who is eligible for retirement under § 30-12 or 30-13 at any time between July 1, 1994, and June 30, 1995, retires on or after July 1, 1994, and not later than June 30, 1995, pursuant to a written election to retire that is provided to the Pension Board not later than December 1, 1994, uses all available vacation time prior to July 1, 1995, in accordance with any pertinent provisions in a collective bargaining agreement with the Town, executes a written agreement and general release with the Town not later than December 1, 1994, in a form prescribed by the Town, and does not revoke such agreement and general release within seven days following the execution of the agreement and general release.

[Added 8-2-1994, effective 7-1-1994]

MEMBER

An employee who is eligible under the terms of § 30-9. It shall not include in its meaning a retired member or a terminated member.

PENSION BOARD

The Pension Board established to administer the provisions of this article as provided for in Chapter 5, Article V, of this Code.

PENSION FUND

The fund managed and controlled by the Pension Board for the purpose of providing benefits pursuant to this article.

PLAN

The pension plan set forth in this article and all subsequent amendments thereto.

PROGRAM MEMBER

A member who is included in Part C of this plan on September 3, 1999, is employed on or after that date as a deputy fire chief or battalion chief, is eligible for retirement under § 30-13 or 30-53A at any time between September 3, 1999, and December 31, 1999, retires not later than December 31, 1999, pursuant to a written election to retire that is provided to the Pension Board on or after November 8, 1999, and on or before December 24, 1999, executes a written agreement and general release with the Town, in a form prescribed by the Town, not later than December 24, 1999, and does not revoke such agreement and general release within seven days following the execution of the agreement and general release.

[Added 11-9-1999[7]]

REGULAR INTEREST

The annual rate of interest, as determined from time to time by the Pension Board, to be credited to the accumulated contributions of each member. Such interest shall be compounded annually as the Pension Board shall determine.

RETIRED MEMBER

A person who has been a member and who is receiving retirement benefits under §§ 30-17 through 30-24.

RETIREMENT DATE

The date as of which a member, or a terminated member entitled to a vested interest under §§ 30-30 through 30-34, actually retires and benefit payments commence to accrue.

SPECIAL MEMBER

A member included in Part C who is eligible for retirement under § 30-53A or 30-53N at any time between August 1, 2002, and December 31, 2002, has 15 years of credited service at the time of retirement, retires between August 1, 2002, and December 31, 2002, pursuant to a written election to retire that is provided to the Pension Board not later than December 31, 2002, executes a written agreement and general release with the Town not later than December 31, 2002, in a form prescribed by the Town, and does not revoke such agreement and general release within seven days following the execution of the agreement and general release.

[Added 9-10-2002[8]]

SPOUSE

An individual to whom a member, retired member or terminated member, whichever is applicable, is married pursuant to the laws of the state in which the marriage was entered into.

[Added 12-9-2014[9]]

TERMINATED MEMBER

A person who has been a member but who is no longer an employee and whose status as an employee has been terminated other than by death, retirement or leave of absence. A terminated member shall have no status whatsoever under this plan, except as provided in §§ 30-30 through 30-34.

WIDOW

An individual to whom a deceased member or deceased retired member was married pursuant to the laws of the state in which the marriage was entered into.

[Added 12-9-2014[10]]

WIDOWER

An individual to whom a deceased member or deceased retired member was married pursuant to the laws of the state in which the marriage was entered into.

[Added 12-9-2014[11]]

WIFE

An individual to whom a member or retired member was married pursuant to the laws of the state in which the marriage was entered into.

[Added 12-9-2014[12]]

WINDOW MEMBER

[Added 4-14-1998[13]; amended 10-27-1998[14]]

Parts A, B and C. A member who:

Is included in Part A or Part B of this plan on July 1, 1998, and is an employee in the Town's Department of Public Works, other than an employee who is the director of or a member of the clerical staff of the Department of Public Works;

Is included in Part B of this plan on May 15, 1998, and is an employee of the Town's Department of Human Services, Social Service Division, who performs social service functions that will be assumed by the State of Connecticut on or about July 1, 1998; or

Is included in Part C of this plan on May 5, 1998, and is employed as an assistant fire chief with primary responsibility for inspections; or

(4)

Is included in Part B of this plan on November 16, 1998, and is an employee in the Town's Department of Employee Services or Department of Finance, other than an employee who is the Director of the Department of Employee Services or Department of Finance or is employed pursuant to a collective bargaining agreement with the Building Maintenance Unit of Service Employees International Union, Local 531;

Is eligible for retirement under § 30-12, 30-13, 30-53A or 30-53N at any time between July 1, 1998, and June 30, 1999, in the case of a member described in Subsection A(1), between May 15, 1998, and August 31, 1998, in the case of a member described in Subsection A(2), between May 5, 1998, and June 30, 1998, in the case of a member described in Subsection A(3), or between November 16, 1998, and June 30, 1999, in the case of a member described in Subsection A(4);

Retires not later than June 30, 1999, in the case of a member described in Subsection A(1), August 31, 1998, in the case of a member described in Subsection A(2), or June 30, 1998, in the case of a member described in Subsection A(3), or June 30, 1999, in the case of a member described in Subsection A(4) pursuant to a written election to retire that is provided to the Pension Board on or after July 1, 1998, and on or before March 1, 1999, in the case of a member described in Subsection A(1), on or after May 15, 1998, and on or before June 30, 1998, in the case of a member described in Subsection A(2), on or after May 5, 1998, and on or before June 20, 1998, in the case of a member described in Subsection A(3) or on or after November 16, 1998, and on or before December 31, 1998, in the case of a member described in Subsection A(4);

Uses all available vacation time prior to the retirement date in accordance with any pertinent provisions in an applicable collective bargaining agreement with the Town;

Executes a written agreement and general release with the Town, in a form prescribed by the Town, not later than March 1, 1999, in the case of a member described in Subsection A(1), not later than June 30, 1998, in the case of a member described in Subsection A(2), not later than June 20, 1998, in the case of a member described in Subsection A(3), and not later than December 31, 1998, in the case of a member described in Subsection A(4); and

Does not revoke such agreement and general release within seven days following the execution of the agreement and general release.

Editor's Note: Effective retroactively as of January 1, 1984; provided, however, that the accrued benefit of any member at the end of the plan year in which the amendments are adopted shall not be less than it would have been under the plan before adoption of such amendments.

Editor's Note: This ordinance provided that it shall apply in connection with certain calculations of benefits on or after 7-1-2003.

Editor's Note: This ordinance provided that it shall apply in connection with certain calculations of benefits on or after 7-1-2003.

Editor's Note: This ordinance provided that it shall apply in connection with certain calculations of benefits on or after 7-1-2003.

Editor’s Note: This ordinance also provided that these changes shall apply with respect to certain calculations of benefits on or after 7-1-2005.

Editor's Note: This amendment provided that it shall be effective with respect to an election to retire made on or after 11-8-1999, and not later than 12-24-1999, in the case of a member described in the definition of ”program member” included in § 30-8.

[8]

Editor's Note: This amendment shall apply with respect to retirements of certain Part C members that occur between 8-1-2002 and 12-31-2002.

[9]

Editor's Note: This ordinance also provided that the revisions set forth in § 30-8 shall apply with respect to a determination of marital status after 6-25-2013.

[10]

Editor's Note: This ordinance also provided that the revisions set forth in § 30-8 shall apply with respect to a determination of marital status after 6-25-2013.

[11]

Editor's Note: This ordinance also provided that the revisions set forth in § 30-8 shall apply with respect to a determination of marital status after 6-25-2013.

[12]

Editor's Note: This ordinance also provided that the revisions set forth in § 30-8 shall apply with respect to a determination of marital status after 6-25-2013.

[13]

Editor's Note: This amendment shall be effective with respect to an election to retire made on or after 7-1-1998 and not later than 3-1-1999 in the case of a member described in Subsection A(1) of this definition; on or after 5-15-1998 and not later than 6-30-1998 in the case of a member described in Subsection A(2) of this definition; or on or after 5-5-1998 and not later than 6-20-1998 in the case of a member described in Subsection A(3) of this definition.

[14]

Editor's Note: This amendment provided that it shall be effective with respect to an election to retire made on or after 11-16-1998 and not later than 12-31-1998 by a member described in Subsection A(4) of this definition.

§ 30-9 General eligibility.

Each employee serving the Town on March 1, 1945, shall participate in the plan unless such employee filed a notice of nonparticipation within three months after said date, and such participation, if an employee so elected, shall be a condition of his or her continued employment.

Except in the case of an employee subject to § 30-11E or an employee described in Subsection E of this § 30-9, each employee employed after March 1, 1945, if under age 50 when employed, shall participate in the plan after completion of three months of service, and such participation shall be a condition of his or her continued employment.

[Amended 12-9-2014[1]]

Editor's Note: This ordinance also provided that the revisions set forth in § 30-9 shall apply with respect to a determination of benefits made after the adoption of this amendment.

If an employee, other than an employee subject to § 30-11E or an employee described in Subsection E of this § 30-9, shall be at least age 50 when employed, the employee may elect to participate in the plan within three months of the date of employment by filing with the Pension Board an election to become a member under the terms of this article. An employee subject to § 30-11E, irrespective of age, may elect to participate in the plan within three months of the date of employment by filing with the Pension Board an election to become a member under the terms of this article.

[Amended 8-19-1986[2]; 12-10-1991, effective 1-1-1988; 12-9-2014]

Editor's Note: Effective retroactively as of 7-1-1985 to all persons who were employed by the Town on that date.

Eligible employees who fail to become members in accordance with this article shall be barred from receiving any of the benefits provided in this article from the Town.

If, pursuant to the terms of the collective bargaining agreement that governs an employee's employment with the Town, he or she is not eligible for coverage under the plan, such employee shall not be eligible to participate in the plan.

[Added 12-9-2014]

§ 30-10 Continuity of service.

[Amended 10-10-1972]

Periods of absence of not more than 90 days in any one calendar year shall not be considered as breaking continuity of service.

Periods of absence of more than 90 days by reason of a leave of absence granted by the Pension Board or where the absence is occasioned by disability necessitating the regular attendance of a physician, unless such attendance is declared unnecessary by medical authority satisfactory to the Pension Board, shall not be considered as breaking continuity of service, but such periods shall not be included in determining the amount of the retirement allowance, except as may be specifically provided otherwise by action of the Pension Board. Except as provided in §§ 30-30 through 30-34 hereof, a member who terminates his or her service with the Town before retirement shall not be entitled to any benefit under this article other than a return of the contributions made by such member, together with interest; provided, however, that if such member is rehired by the Town within one year after the date of such termination, his or her previous service credit shall be reinstated, provided that such member shall release any vested interest in the pension plan which he may have previously acquired; he shall submit to and pass such medical examination as the Pension Board may prescribe, and he shall repay to the pension fund any contributions previously withdrawn by him or her, together with interest thereon as may be determined from time to time by the Board to the date of such repayment. In the event of such reinstatement, such member's service shall be deemed to have been continuous, but the period during which such member was not in actual service shall not be included in determining the amount of his or her retirement allowance.

Any member who entered any branch of the armed forces of the United States between September 16, 1940, and July 26, 1945, or who enters any of said services while the United States is at war or engaged in any hostilities or during times of national emergency, whether declared or undeclared, or any acts incident thereto, and who is reemployed by the Town within six months following the termination of such service, unless this period is further extended by reason of disability incurred in the course of such service, shall be credited with the period of such service to the same extent as though he had been continuously employed by the Town and shall be considered to have made the contributions required by the plan based on his or her regular rate of compensation at the time of the commencement of such service. Any member who is absent from employment by reason of military service and has reemployment rights with respect to such service under the Uniformed Services Employment and Reemployment Rights Act of 1994 shall be treated as employed by the Town during such service for purposes of determining if the member has a vested interest. For purposes of calculating benefits, such a member shall be treated as employed by the Town during such military service and shall be treated as having received compensation during the period of military service equal to the compensation that would have been paid but for such service, provided that, upon reemployment, the member pays to the plan any contributions that would have been required if the member had been employed by the Town during the period of military service. In the case of a member who dies while performing military service with respect to which he or she has reemployment rights under the Uniformed Services Employment and Reemployment Rights Act of 1994, such service shall be taken into account for purposes of determining if there has been satisfaction of any requirement for receiving death benefits payable on the member's behalf, including the determination of any vested interest in the member's benefit, but shall not be taken into account for purposes of determining the amount of the benefit that has accrued on the member's behalf.

[Amended 6-12-2001[1] 1-10-2012[2]]

Editor's Note: This ordinance provided that it shall be effective with respect to reemployment rights regarding military service on or after 12-12-1994.

Editor’s Note: This ordinance specified that the amendment to § 31-10C would apply "with respect to deaths occurring after 2006."

§ 30-11 Classes of members.

[Amended 7-16-1974; 6-24-1975; 7-20-1976; 9-14-1999, effective 10-28-1998; 12-9-2014][1]

The plan shall be divided into six parts, to be constituted as follows:

Part A. This part shall be composed of those members who, on December 8, 1959, did not elect by ballot to be covered by social security and employees in the Police and Fire Departments who, on October 1, 1967, were in Part A, excluding, however, police officers and firefighters coming within the purview of an agreement between the Town and the State Retirement Commission, whereby their pension liabilities were assumed by the Connecticut Municipal Employees' Retirement Fund (Fund B), effective as of July 1, 1968. Effective July 1, 1975, any Part A member who elects by ballot to be covered by social security after such date shall be excluded from Part A.

Part B. This part shall be composed of those members who, on December 8, 1959, elected social security coverage by ballot and all employees becoming members of the plan after December 8, 1959, other than police officers and firefighters and other employees in the Police and Fire Departments, who on October 1, 1967, were in Part A, other than public safety dispatchers in Part B-1, and other than employees subject to Part E. Effective July 1, 1975, any Part A member who elects by ballot to be covered by social security after such date shall become a Part B member.

Part B-1. This part shall be composed of public safety dispatchers who were members on October 28, 1998, or who become members after October 28, 1998. Part B-1 members shall be subject to all of the provisions of this plan applicable to Part B members except to the extent specifically set forth herein.

Part C. This part shall be composed of employees who as firefighters become members of the plan after July 31, 1974, and firefighters who, on July 31, 1974, were covered by the Connecticut Municipal Employees' Retirement Fund (Fund B).

Part D. This part shall be composed of employees who as police officers become members of the plan after August 31, 1976, and police officers who, on August 31, 1976, were covered by the Connecticut Municipal Employees' Retirement Fund (Fund B).

Part E. This part shall be composed of those members who, pursuant to the terms of a collective bargaining agreement with the Town or pursuant to formal action of the Town Council, are designated as subject to the terms of § 30-55.

Editor’s Note: This ordinance also provided that the revisions set forth in § 30-11 shall apply with respect to the determination of benefits made after the adoption of this amendment.

§ 30-12 Normal retirement. [1]

[Amended 8-19-1986[2]; 8-2-1994, effective 7-1-1994; 4-14-1998;[3] 1-25-2005;[4] 1-24-2006[5]; 8-8-2006; 2-13-2007; 2-27-2008[6]; 11-25-2008[7]]

Any member hired on or after July 1, 2003, who either is covered under a collective bargaining agreement with the Building Maintenance Unit, SEIU Local 2001, Clerical Unit, SEIU Local 2001, the Grounds Maintenance Unit, SEIU Local 2001, the Supervisory Unit, SEIU Local 2001, the Professional and Management Unit, SEIU Local 2001, or the Streets Union, Local 1142, AFL-CIO, or is employed in a position that is not with the Board of Education and also is not covered under a collective bargaining agreement, shall be eligible for retirement from active service and for a retirement allowance if he or she shall have attained the age of 65 years and completed 15 years of credited service, attained the age of 62 years and completed 35 years of credited service, or attained the age of 70 years. Any member hired on or after July 1, 2004, who is covered under a collective bargaining agreement with the Cafeteria Workers Union, AFSCME Local 217, Cafeteria Managers Union, AFSCME Local 818, Printers Union, AFSCME Local 1303-195, or Professional and Technical Unit, SEIU Local 2001, shall be eligible for retirement from active service and for a retirement allowance if he or she shall have attained the age of 65 years and completed 15 years of credited service, attained the age of 62 years and completed 35 years of credited service or attained the age of 70 years. In addition, a member shall be eligible for retirement from active service and for a retirement allowance upon attaining the age of 65 years and completion of 15 years of credited service, attaining the age of 62 years and completing 35 years of credited service, or attaining the age of 70 years, if such member is hired on or after July 1, 2004, and is covered under a collective bargaining agreement with Maintenance Union Local 1303-61, AFSCME, or the West Hartford Public School Nurses Association; is hired on or after January 1, 2006, and is covered under a collective bargaining agreement with Custodial Union Local 1303-39, AFSCME, is hired on or after May 1, 2006, and is covered under a collective bargaining agreement with the West Hartford Federation of Educational Secretaries, Board of Education Security Officers, Local 1303-340, AFSCME, or PARA's, West Hartford Federation of Educational Personnel Local 3819, American Federation of Teachers; or is hired on or after July 1, 2006, and is covered under a collective bargaining agreement with Head Custodians III, Local 818, AFSCME, or is employed by the Board of Education in a position not covered by a collective bargaining agreement. Each other member shall be eligible for retirement from active service and for a retirement allowance who shall have attained the age of 55 years and completed 25 years of credited service, or attained the age of 60 years and completed 10 years of credited service or attained the age of 70 years. A member hired prior to July 1, 2003, who is covered under a collective bargaining agreement with the Streets Union, Local 1142 AFL-CIO, the Supervisory Union, SEIU Local 2001, the Building Maintenance Union, SEIU Local 2001, or the Grounds Maintenance Union, SEIU Local 2001, a member hired prior to July 1, 2004, who is covered under a collective bargaining agreement with the Maintenance Union Local 1303-61, AFSCME, or a member hired prior to January 1, 2006, who is covered under a collective bargaining agreement with the Custodial Union Local 1303-39, AFSCME, shall also be eligible for retirement from active service and a retirement allowance if he or she has completed 30 years of credited service. A member hired prior to July 1, 2007, who is covered under a collective bargaining agreement with the Public Safety Dispatchers Union, SEIU Local 2001, shall also be eligible for retirement from active service and a retirement allowance if he or she shall have completed 20 years of credited service, and a member hired on or after July 1, 2007, who is covered under a collective bargaining agreement with the Public Safety Dispatchers, SEIU Local 2001, shall also be eligible for retirement from active service and a retirement allowance if he or she shall have completed 25 years of credited service. Such retirement will commence 60 days from the filing date of application or upon the satisfaction of the stipulated age and service requirements, whichever is later, except that the Pension Board may reduce or waive such sixty-day period, in its discretion. The eligibility for normal retirement of an incentive member or a window member for whom additional years of age are not imputed under § 30-20 shall be determined by imputing five additional years of credited service to the member.

Editor's Note: An ordinance adopted 7-14-1981, which superseded an ordinance adopted 11-15-1977, provided that the retirement allowances, and member-elected continuing optional benefits thereof, for all officials and employees who were retired and in receipt of retirement allowances from the pension fund as of 6-30-1971, under §§ 30-13, 30-15, 30-17 and 30-53 of the Town of West Hartford Pension Plan, shall be increased by 5%, effective 7-1-1981.

Editor's Note: Effective retroactively as of 7-1-1985, to all persons who were employed by the Town on that date.

Editor's Note: This amendment shall be effective with respect to an election to retire made on or after 7-1-1998 and not later than 3-1-1999 in the case of a member described in Subsection A(1) of the definition of "window member" included in § 30-8; on or after 5-15-1998 and not later than 6-30-1998 in the case of a member described in Subsection A(2) of said definition; or on or after 5-5-1998 and not later than 6-20-1998 in the case of a member described in Subsection A(3) of said definition.

Editor's Note: This ordinance provided that it shall apply in connection with certain calculations of benefits on or after 7-1-2003.

Editor’s Note: This ordinance also provided that these changes shall apply with respect to certain calculations of benefits on or after 7-1-2005.

Editor's Note: This ordinance also provided that certain revisions in this § 30-12 shall apply with respect to the retirements of particular Part B members.

Editor's Note: This ordinance provided that it shall apply with respect to retirements on or after 7-1-2007.

§ 30-13 Early retirement.

[Amended 9-14-1999, effective 10-28-1998; 1-25-2005[1]]

Each member hired on or after July 1, 2003, who either is covered under a collective bargaining agreement with Building Maintenance Unit, SEIU Local 760, Clerical Unit, SEIU Local 760, Grounds Maintenance Unit, SEIU Local 760, Supervisory Unit, SEIU Local 760, Professional and Management Unit, SEIU Local 760 or Streets Union, AFSCME Local 1241, or is in a position that is not with the Board of Education and also is not covered by a collective bargaining agreement shall have the option, to be exercised by written request to the Pension Board, to retire not less than 60 days after the filing of said request with the Pension Board, provided that such member shall have attained the age of 55 years and shall have completed 15 years of credited service or shall have attained the age of 60 years and shall have completed 10 years of credited service. Any member hired on or after July 1, 2005, who is covered under a collective bargaining agreement with the Cafeteria Workers Union, AFSCME Local 217, Cafeteria Managers Union, AFSCME Local 818, Printers Union, AFSCME Local 1303-195, or Professional and Technical Unit, SEIU Local 760, shall have the option, to be exercised by written request to the Pension Board, to retire not less than 60 days after the filing of said request with the Pension Board, provided that such member shall have attained the age of 55 years and shall have completed 15 years of credited service or shall have attained the age of 60 years and shall have completed 10 years of credited service. In addition, a member shall have the option, to be exercised by written request to the Pension Board, to retire, not less than 60 days following the filing of said request with the Pension Board, after attaining age 55 and completing 15 years of credited service or attaining age 60 and completing 10 years of credited service, if such member is hired on or after July 1, 2004, and is covered under a collective bargaining agreement with Maintenance Union Local 1303-61, AFSCME, or the West Hartford Public School Nurses Association; is hired on or after July 1, 2005, and is covered under a collective bargaining agreement with Custodial Union Local 1303-39, AFSCME, Board of Education Security Officers Local 1303-340, AFSCME, or Head Custodians III Local 818, AFSCME; is hired on or after May 1, 2006, and is covered under a collective bargaining agreement with the West Hartford Federation of Educational Secretaries or PARA's, West Hartford Federation of Educational Personnel Local 3819, American Federation of Teachers; or is hired on or after July 1, 2006, and is employed by the Board of Education in a position not covered by a collective bargaining agreement. Each other member, provided that he or she shall have attained the age of 45 years and shall have completed 15 years of credited service or shall have attained the age of 50 years and shall have completed 10 years of credited service, shall have the option, to be exercised by written request to the Pension Board, to retire not less than 60 days after the filing of said request with the Pension Board.

[Amended 1-24-2006[2]; 8-8-2006; 2-13-2007]

Editor’s Note: This ordinance also provided that these changes shall apply with respect to certain calculations of benefits on or after 7-1-2005.

Any Part B-1 member who shall have completed 20 years of credited service shall have the option, to be exercised by written request to the Pension Board, to retire not less than 60 days after the filing of said request with the Pension Board.

Early retirement under this § 30-13 will commence 60 days from the filing date of application or upon the satisfaction of the stipulated age and service requirements, whichever is later, except that the Pension Board may reduce or waive said sixty-day period, in its discretion.

Editor's Note: This ordinance provided that it shall apply in connection with certain calculations of benefits on or after 7-1-2003.

§ 30-14 Disability retirement.

[Amended 12-10-1991, effective 1-1-1991]

Any member shall be eligible for retirement from active service who shall have completed at least 10 years of continuous service in the event the member shall become permanently and totally disabled from engaging in any gainful occupation or employment and shall receive a retirement allowance to continue during the period of such disability.

If such disability is shown to the satisfaction of the Pension Board to have arisen out of and in the course of employment by the Town, as defined by the Workers' Compensation Act, the member shall be eligible for retirement, irrespective of the duration of the member's employment, provided that the retirement of a Part A or Part B member shall be subject to § 30-14C. A Part B member with less than 10 years of continuous service who is covered under a collective bargaining agreement with Professional and Management Union, SEIU, Local 2001, Building Maintenance Union, SEIU, Local 2001, Grounds Maintenance Union SEIU, Local 2001, Supervisory Union, SEIU, Local 2001, or Public Safety Dispatchers Union, SEIU, Local 2001, shall be eligible for retirement, upon becoming permanently and totally disabled from engaging in any occupation or employment, as a result of injuries incurred outside of the course of his or her employment with the Town, provided that the member has been determined to be eligible for disability benefits under the Social Security Act.

[Amended 1-25-2005; 2-27-2008[1]; 11-25-2008[2]]

Editor's Note: This ordinance also provided that revisions shall apply to certain retirements of certain Part B members on or after 7-1-2007.

Editor's Note: This ordinance provided that it shall apply with respect to a determination regarding disability benefits that is made on or after 9-1-2007.

A Part A or Part B member shall be eligible for retirement under this section, irrespective of the duration of the member's employment by the Town, if the member, as a result of a disability that has arisen out of and in the course of the member's employment by the Town, as defined by the Workers' Compensation Act, is unable permanently to continue performing the same employment responsibilities that were performed by the member prior to the disability, terminates employment with the Town without having been offered alternative full-time employment by the Town and has received a determination of maximum medical improvement under the Workers' Compensation Act. Benefit payments shall be made pursuant to this Subsection C to such a member who terminates employment without having been offered alternative full-time employment by the Town from the date of the determination of the member's maximum medical improvement pursuant to the Workers' Compensation Act. If a Part A or Part B member is unable permanently as a result of a disability arising out of the member's employment by the Town as defined by the Workers' Compensation Act to perform the same employment responsibilities that were performed by the member prior to the disability, has received a determination of maximum medical improvement pursuant to the Workers' Compensation Act and, prior to terminating employment, is employed in a new full-time position with the Town, payments shall be made pursuant to this Subsection C, irrespective of the duration of the member's employment by the Town, in the event that such member terminates employment in the new position pursuant to a layoff, an elimination of the position or a failure to complete the probationary period for the position. Benefit payments pursuant to this Subsection C to such a member who terminates employment in a new position with the Town shall be made from the date that the member ceases to be employed in the new position.

The existence and continuance of any disability shall be determined by the Pension Board after such medical examination and other investigation as it shall require, and such allowance shall not be paid if the disability shall have been caused by willful misconduct, intoxication or drug use or abuse or addiction of the member. In order to obtain benefits under this section, a member shall make application in writing for such allowance to the Pension Board within one year after the termination of active service.

A Part B member who is covered under a collective bargaining agreement with the Professional and Management Union, SEIU, Local 2001, Building Maintenance Union, SEIU, Local 2001, Grounds Maintenance Union SEIU, Local 2001, Supervisory Union, SEIU, Local 2001, or Public Safety Dispatchers Union, SEIU, Local 2001, and is employed in an alternative, full-time position with the Town following a determination of disability as described in Subsection C, shall continue to be covered under the Plan during employment following disability as if he or she had remained in the same position that he or she held upon becoming disabled and had received all compensation adjustments applicable to that position. Moreover, if a member becomes disabled as described in Subsection C and subsequently is employed in an alternative, full-time position that is covered under a collective bargaining agreement with the Professional and Management Union, SEIU, Local 2001, Building Maintenance Union, SEIU, Local 2001, Grounds Maintenance Union, SEIU, Local 2001, or Supervisory Union, SEIU, Local 2001, or Public Safety Dispatchers Union, SEIU, Local 2001, although he or she was not covered under that same bargaining agreement upon becoming disabled, he or she shall continue to be covered under the Plan during employment following disability as if he or she had remained in the same position that he or she held upon becoming disabled and had received all compensation adjustments applicable to that position.

[Added 2-27-2008[3]; amended 11-25-2008[4]]

Editor's Note: This ordinance also provided that revisions shall apply to certain retirements of certain Part B members on or after 7-1-2007.

Editor's Note: This ordinance provided that it shall apply with respect to a determination regarding disability benefits that is made on or after 9-1-2007.

In the case of a Part B member who is covered under a collective bargaining agreement with the Professional and Management Union, SEIU, Local 2001, Building Maintenance Union, SEIU, Local 2001, Grounds Maintenance Union, SEIU, Local 2001, Supervisory Union, SEIU, Local 2001, or Public Safety Dispatchers Union, SEIU, Local 2001, benefit payments made pursuant to this § 30-14 upon termination of employment with the Town shall be reduced if the member's annual earned income, for federal income tax purposes, when added to the annual disability pension, exceeds the member's annual base salary at the time of termination of employment, and this reduction shall be accomplished by lowering the annual disability pension by $1 for every $2 of annual earned income, provided that such reduction shall not result in the annual disability pension, together with the annual earned income, being less than such annual base salary at the time of termination of employment.

[Added 2-27-2008[5]; amended 11-25-2008[6]]

Editor's Note: This ordinance also provided that revisions shall apply to certain retirements of certain Part B members on or after 7-1-2007.

Editor's Note: This ordinance provided that it shall apply with respect to a determination regarding disability benefits that is made on or after 9-1-2007.

§ 30-15 Application for retirement and contingent annuity requirements.

[Amended 12-10-1991, effective 4-1-1991]

Each member desiring to be retired for any reason shall make written application for retirement to the Pension Board on such forms and in such manner as the Pension Board shall prescribe.

Notwithstanding any provision in this plan to the contrary, if a member in Part A or Part B is married at the time that benefit payments are scheduled to begin, the member shall receive, unless the member elects otherwise, the actuarial equivalent of the benefit to which the member is entitled under § 30-17, 30-18, 30-20 or 30-23, whichever is applicable, in the form of a contingent annuity, with reduced payments to the member for life and, upon the member's death, payments equal to 50% of the member's payments continuing to the member's spouse as contingent annuitant for life. Retirement benefits of a member in Part A or Part B shall be paid in the form of this contingent annuity with the individual who is the member's spouse at the time payments begin and will not be paid in any other form of payment described in § 30-17, 30-18, 30-20, 30-21, 30-22 or 30-23 unless an election to waive the contingent annuity is made in accordance with this § 30-15.

An election by a member in Part A or Part B to waive the contingent annuity with the spouse and to have payments made in another form permitted under § 30-17, 30-18, 30-20, 30-21, 30-22 or 30-23 must be in writing and must be made during the ninety-day period ending on the date benefit payments are scheduled to begin. The election must include the written consent of the member's spouse, and the spouse's consent must specifically acknowledge the elected form of payment and any beneficiary who is designated to receive death benefits payable under that form of payment; provided, however, that such consent shall not be required if the contingent annuitant is the spouse of the member and the form of benefit is the one-hundred-percent or sixty-six-and-two-thirds-percent contingent annuity. The consent of the member's spouse to pay benefits in a form other than a contingent annuity with the spouse is not required if it is established to the satisfaction of the Pension Board that the spouse cannot be located.

The Pension Board shall provide each member in Part A or Part B who is entitled to benefits under § 30-17, 30-18, 30-20 or 30-23, within a reasonable period of time prior to the commencement of benefits, with a written explanation of the terms and conditions of the contingent annuity, the member's right to waive the contingent annuity, the effect of a waiver and the requirement that the member's spouse consent in writing to any waiver. The Pension Board shall establish any rules that it deems appropriate for the administration of the provisions governing an election to waive a contingent annuity.

§ 30-16 Continuing employment.

[Amended 12-13-1983; 12-16-1986; 12-10-1991, effective 1-1-1988[1]; 3-8-1994, effective 7-1-1993[2]; 10-10-1995; 9-14-1999, effective 6-1-1999]

A member who remains in the employ of the Town beyond the normal retirement date described in § 30-12 shall continue to accrue additional benefits and, subject to the distribution rules of §§ 30-24G and 30-25, the member's retirement benefits shall be deferred until the member actually retires. If a member remains in the employ of the Town beyond the normal retirement date described in § 30-12 and dies prior to receiving benefit payments, the member shall be presumed to have retired on the date of death, and the beneficiary shall be eligible to receive any benefit effectively elected by such member under § 30-21 or 30-22. If a Part A member or a Part B member remains in the employ of the Town beyond the early retirement date described in § 30-13 and dies prior to receiving benefit payments, the member shall be presumed to have retired on the date of death, and the beneficiary shall be eligible to receive any benefit effectively elected by such member under § 30-21 or 30-22. In the case of a married member in Part A or Part B who dies while covered under this § 30-16 and who is eligible to retire under § 30-12 and receive benefits under § 30-17 or 30-18, benefits shall be provided to the surviving spouse of the member pursuant to the contingent annuity described in § 30-15 as if the member had retired on the date of death unless the member has waived said contingent annuity. If a married member in Part A or a married member in Part B dies while covered under this § 30-16 and while eligible to retire under § 30-13 and receive benefits under § 30-20, benefits shall be provided to the surviving spouse of the member pursuant to the contingent annuity described in § 30-15 as if the member had retired on the date of death unless the member has waived said contingent annuity.

Editor's Note: The first sentence shall be effective as of 1-1-1988, and the remainder of the revised section shall be effective 4-1-1991.

Editor's Note: This section was effective for other members in 1991 as per negotiated contracts.

§ 30-17 Retirement benefits for Part A members.

[Amended 2-11-1992; 8-2-1994, effective 7-1-1994; 4-14-1998[1]]

Each member in Part A, upon retirement under § 30-12, shall receive an annual retirement allowance, payable monthly during the member's lifetime, equal to 2% of the member's average final compensation multiplied by the member's years of credited service not in excess of 33, plus 1% of the member's average final compensation multiplied by the member's years of credited service in excess of 33. An affected member shall receive an additional annual retirement allowance payable monthly during the member's lifetime equal to 10% of the member's average final compensation. An incentive member or a window member for whom additional years of age are not imputed under § 30-20 shall receive an additional annual retirement allowance, payable monthly during the member's lifetime, that is calculated by imputing five additional years of credited service to the member and multiplying these years by 2% of the member's average final compensation.

Editor's Note: This amendment shall be effective with respect to an election to retire made on or after 7-1-1998 and not later than 3-1-1999 in the case of a member described in Subsection A(1) of the definition of "window member" included in § 30-8; on or after 5-15-1998 and not later than 6-30-1998 in the case of a member described in Subsection A(2) of said definition; or on or after 5-5-1998 and not later than 6-20-1998 in the case of a member described in Subsection A(3) of said definition.

§ 30-18 Retirement benefits for Part B members.

[Amended 6-10-1986[1]; 12-10-1991, effective 1-1-1989; 4-22-2003]

Each member in Part B, upon retirement under § 30-12, shall receive an annual retirement allowance, payable monthly during the member's lifetime, determined as the difference between the amounts in Subsections A and B, subject to the adjustment described in Subsection D, plus the amount in Subsection C, as follows:

An annual amount equal to 2% of the member's average final compensation multiplied by the member's years of credited service prior to January 1, 1986, not in excess of 33, plus 1% of the member's average final compensation multiplied by the member's years of credited service prior to January 1, 1986, in excess of 33; less

An annual amount determined at the date of retirement to be 5/6 of 1% of the member's average final compensation determined as of December 31, 1985, multiplied by the member's years of credited service prior to January 1, 1986; plus

An annual amount equal to 2% of the member's average final compensation multiplied by the member's years of credited service subsequent to December 31, 1985, up to a maximum of 35 years.

The average final compensation determined as of December 31, 1985, that is used in Subsection B shall not be greater than member's covered compensation calculated as of December 31, 1988, based on the member's date of birth.

An affected member shall also receive an additional annual retirement allowance payable monthly during the member's lifetime equal to 10% of the member's average final compensation. The retirement allowance of an incentive member or a window member for whom additional years of age are not imputed under § 30-20 shall be calculated by imputing five additional years of credited service to the member under § 30-18C.

[Added 2-11-1992; amended 8-2-1994, effective 7-1-1994; 4-14-1998[2]]

Editor's Note: This amendment shall be effective with respect to an election to retire made on or after 7-1-1998 and not later than 3-1-1999 in the case of a member described in Subsection A(1) of the definition of "window member" included in § 30-8; on or after 5-15-1998 and not later than 6-30-1998 in the case of a member described in Subsection A(2) of said definition; or on or after 5-5-1998 and not later than 6-20-1998 in the case of a member described in Subsection A(3) of said definition.

In the case of a COLA member (including a Part B-1 member), the years of credited service utilized under Subsections A and B shall be the number of years of credited service prior to January 1, 1986, and the years of credited service utilized under Subsection C shall be the years of credited service subsequent to December 31, 1985. In addition, if a member either is employed pursuant to a collective bargaining agreement with the American Federation of State, County and Municipal Employees (AFSCME) Local 1142, or is not in a position covered by a collective bargaining agreement, and if the member terminates employment on or after October 28, 1998, then the years of credited service utilized under Subsections A and B shall be the number of years of credited service prior to January 1, 1986, and the years of credited service utilized under Subsection C shall be the years of credited service subsequent to December 31, 1985.

[Added 1-27-1998, effective 1-1-1998; amended 10-27-1998[3]; 9-14-1999, effective 10-28-1998]

Editor's Note: This amendment provided that it shall be effective with respect to a termination of employment occurring on or after 10-28-1998, of a member who either is employed pursuant to a collective bargaining agreement with the American Federation of State, County and Municipal Employees (AFSCME), Local 1142, or is not in a position covered by a collective bargaining agreement.

In the case of a member in Part B hired prior to July 1, 2003, who is covered under a collective bargaining agreement with the Streets Union, Local 1142, AFL-CIO, and has 30 years of credited service, the benefit upon retirement under § 30-12 shall be 70% of the member's average final compensation, provided that the benefit shall not exceed the amount determined after applying the limits in § 30-24A and O. In addition, in the case of a member in Part B with 30 years of credited service who is covered under a collective bargaining agreement with the Maintenance Union Local 1303-61, AFSCME, and was hired prior to July 1, 2004, or who is covered under a collective bargaining agreement with the Custodial Union Local 1303-39, AFSCME, and was hired prior to January 1, 2006, the benefit upon retirement under § 30-12 shall be 70% of the member's average final compensation, provided that the benefit shall not exceed the amount determined after applying the limits in § 30-24A and § 30-24O. In the case of a Part B member who was hired prior to July 1, 2003, and is covered under a collective bargaining agreement with the Clerical Unit, SEIU, Local 2001, and retires pursuant to § 30-12 following attainment of age 55 and completion of at least 25 years of credited service, the benefit upon retirement shall be 60% of the member's average final compensation, except that the retirement benefit of such member shall be increased to 70% of his or her average final compensation if he or she has at least 30 years of credited service and except that the benefit may not exceed the maximum amount permitted under § 30-24 and is subject to offset under § 30-18B upon the member becoming eligible for unreduced Social Security retirement benefits. In the case of a member who is hired on or after July 1, 2007, is covered under a collective bargaining agreement with the Public Safety Dispatchers Union, SEIU, Local 2001, and retires pursuant to § 30-12 following completion of at least 25 years of credited service, the benefit upon retirement shall be 55% of the member's average final compensation, except that such benefit shall be increased to 56% of average final compensation if the member has 28 years of credited service, and shall be increased further by 2% of average final compensation for each additional year of credited service, provided that no more than 35 years of credited service are recognized, the benefit does not exceed the maximum amount permitted under § 30-24, and the benefit is subject to offset under § 30-18B upon the member becoming eligible for unreduced Social Security retirement benefits. In the case of a Part B member hired prior to July 1, 2003, who is covered under a collective bargaining agreement with the Professional and Management Union, SEIU, Local 2001, Supervisory Union, SEIU, Local 2001, the Building Maintenance Union, SEIU, Local 2001, or the Grounds Maintenance Union, SEIU, Local 2001, and retires pursuant to § 30-12 following completion of 30 years of credited service, the benefit upon retirement shall be 70% of the member's average final compensation, provided that the benefit shall not exceed the amount determined after applying the limits in § 30-24A and O and shall be subject to offset under § 30-18B upon the member becoming eligible for unreduced Social Security retirement benefits. The benefit provided for a Part B member who is entitled to have benefits determined under this § 30-18G shall not be less than the benefit determined under the benefit formula in § 30-18A, B, C and D, subject to the limits in § 30-24A and O.

[Added 1-25-2005; amended 8-8-2006[4]; 2-27-2008[5]; 11-25-2008[6]]

Editor's Note: This ordinance provided that it shall apply in connection with certain calculations of benefits on or after 7-1-2003.

Editor's Note: This ordinance also provided that revisions shall apply to certain part B members hired bedore 7-1-2003 or 7-2-2006.

Editor's Note: This ordinance provided that it shall apply with respect to retirements on or after 7-1-2007.

A member in Part B who is employed in a position that is not with the Board of Education and also is not covered under a collective bargaining agreement shall be entitled, upon retirement under § 30-12, after completing 30 years of credited service with the Town, to an annual retirement allowance of not less than 70% of the member's average final compensation, provided that the annual retirement allowance shall not exceed the amount determined after applying the limits in § 30-24A and § 30-24O.

[Added 1-24-2006[7]]

Editor’s Note: This ordinance also provided that these changes shall apply with respect to certain retirements pursuant to § 30-12 on or after 1-1-2006.

Editor's Note: Effective retroactively as of 1-1-1984; provided, however, that the accrued benefit of any member at the end of the plan year in which the amendments are adopted shall not be less than it would have been under the plan before adoption of such amendments.

§ 30-19 Part B early retirement benefits.

[Amended 12-15-1981; 3-8-1994, effective 7-1-1993[1]; 10-10-1995; 1-27-1998, effective 1-1-1998]

In case a member in Part B who is not an allowance member and who is employed by the Town's Board of Education in a unit of employees covered by a collective bargaining agreement other than Local 4306, West Hartford Federation of Educational Secretaries, shall retire under § 30-12 or 30-13 before the end of the month in which the member shall attain age 62, the member shall be paid an additional temporary retirement allowance equal to the amount as calculated in §§ 30-18B and 30-20, if applicable, and such additional allowance shall terminate at the end of the month in which the member attains age 62. If a member in Part B, who is not an allowance member and who also either is not employed by the Town's Board of Education or is employed by the Town's Board of Education in a position not covered by a collective bargaining agreement or in a position covered by Local 4306, West Hartford Federation of Educational Secretaries, shall retire under § 30-12 or 30-13 before the end of the month in which the member shall attain age 65, the member shall be paid an additional temporary retirement allowance equal to the amount as calculated in §§ 30-18B and 30-20, if applicable, and such additional allowance shall terminate at the end of the month in which the member attains age 65. If a member in Part B who is an allowance member shall retire under § 30-12 or 30-13 before the end of the month in which the member shall become eligible for unreduced social security retirement benefits, the member shall be paid an additional temporary retirement allowance equal to the amount as calculated in § 30-18B and 30-20, if applicable, and such additional allowance shall terminate at the end of the month in which the member first becomes eligible for unreduced social security retirement benefits.

Editor's Note: This section was effective for other members in 1991 as per negotiated contracts.

§ 30-20 General early retirement benefits.

[Amended 8-2-1994, effective 7-1-1994; 4-14-1998[1]; 9-14-1999, effective 10-28-1998]

A member retiring under § 30-13A shall receive a retirement allowance which shall be the actuarial equivalent, as determined by the Pension Board, of an allowance computed as provided in § 30-17 or 30-18, whichever is applicable, and § 30-24, on the assumption that the member would retire on the earliest date on which the member would otherwise be eligible under § 30-12 except that the member's service to the member's retirement date and the member's average annual rate of pay for the three highest paid years of service shall be used in determining the amount of such retirement allowance. In the case of an incentive member or a window member, the actuarial equivalent of the retirement allowance computed under § 30-17 or 30-18 whichever is applicable, and § 30-24 shall be calculated by imputing five additional years of age to the member if this would result in a larger increase in the annual retirement benefit than the increase that would result from imputing five additional years of credited service to the member under § 30-12, 30-17 or 30-18, whichever is applicable, and § 30-24. Five additional years of age shall not be imputed on behalf of an incentive member or a window member for whom such an imputation of years of age would result in a smaller increase in the member's annual retirement benefit than the increase that would result from imputing five additional years of credited service to the member under § 30-12, 30-17 or 30-18, whichever is applicable, and § 30-24.

A Part B-1 member retiring under § 30-13B shall receive a retirement allowance, with no actuarial reduction, equal to the allowance computed as provided in § 30-18 and 30-24.

Editor's Note: This amendment shall be effective with respect to an election to retire made on or after 7-1-1998 and not later than 3-1-1999 in the case of a member described in Subsection A(1) of the definition of "window member" included in § 30-8; on or after 5-15-1998 and not later than 6-30-1998 in the case of a member described in Subsection A(2) of said definition; or on or after 5-5-1998 and not later than 6-20-1998 in the case of a member described in Subsection A(3) of said definition.

§ 30-21 Contingent annuitant option.

[Amended 12-10-1991, effective 1-1-1991]

Instead of the retirement benefit provided under § 30-17, 30-18 or 30-20, a member may elect a contingent annuitant option providing for actuarially reduced retirement benefits payable during the member's lifetime after retirement and for the continuance of such payments, or 66 2/3% or 50% of them as specified by the member, to a contingent annuitant for life after the death of the retired member.

Such election may be made by a member at any time during the ninety-day period ending on the date benefit payments are scheduled to begin. The death of the contingent annuitant at any time prior to the member's retirement date shall automatically revoke such election. If the contingent annuitant is the spouse of the member, a divorce granted to either spouse at any time prior to the member's retirement date shall automatically revoke such election.

If a member who has elected this option dies before the retirement date, no benefits under this option shall be payable to the contingent annuitant, except as provided in § 30-16.

If the member dies after the retirement date, the contingent annuitant shall receive for life, commencing on the first day of the calendar month coinciding with or next following the retired member's death, the benefits specified by the retired member for the contingent annuitant. If the contingent annuitant dies before the member's retirement date, the monthly retirement benefit normally provided under this plan will be payable to the retired member as if this option had not been elected. If the contingent annuitant dies after the member's retirement date, the amount of the payments which the retired member is then receiving or is entitled to receive will continue unchanged and will cease upon the retired member's death.

§ 30-22 Ten-year certain option; beneficiary.

[Amended 12-10-1991, effective 1-1-1991]

Instead of the retirement benefit provided under § 30-17, 30-18 or 30-20, a member shall have the option, to be exercised by a written direction to the Pension Board, to elect to have actuarially reduced monthly retirement benefits payable for 10 years certain and for life thereafter. Such election may be made by a member at any time during the ninety-day period ending on the date benefit payments are scheduled to begin.

Upon the death of a retired member after the member's retirement date but before 120 monthly payments have been made, if the member shall have effectively elected such a ten-year option, then the balance of such 120 monthly payments shall be made to such beneficiary as the member shall have most recently designated in a written instrument signed by the member in the presence of one subscribing witness and filed with the Pension Board, either before or after retirement. If no such designation is on file with the Pension Board at the time of death or is defective for any reason or if such beneficiary shall predecease the retired member, then the estate of such retired member shall receive the commuted value of such benefit, payable in a lump sum.

If the beneficiary, having survived the retired member, dies before all of said 120 payments have been made, then the commuted value of the balance of said payments shall be paid in a lump sum to the beneficiary's estate. If the member dies before the retirement date, no benefits shall be payable under this option, except as provided in § 30-16.

§ 30-23 Disability benefits.

[Amended 12-10-1991, effective 1-1-1991]

A member, upon retirement for disability, as defined in § 30-14, shall be entitled to receive a retirement allowance to continue during the period of such disability, determined as provided in § 30-17 or 30-18, whichever is applicable; provided, however, that the reduction provided in the case of a Part B member in § 30-18B shall be waived during any period for which the member is disqualified for disability or old-age insurance benefits under the Social Security Act, provided that such disqualification is not a result of any act or failure to act on the member's part or a result of earnings in employment or self-employment.

The allowance payable to a member whose disability is shown to the satisfaction of the Pension Board to have arisen out of and in the course of his or her employment by the Town, as defined in the Workers' Compensation Act, shall not be less than 1/2 of the member's annual rate of pay at the time of disability, less any disability or old-age insurance benefits payable under the Social Security Act and less any amount payable under the Workers' Compensation Act, whether in weekly payments, a lump sum or otherwise, but in no such case shall such allowance be less than $360 annually. For purposes of this § 30-23B, the member's annual rate of pay at the time of disability shall be the member's annual rate of basic pay, exclusive of overtime and other supplemental compensation.

[Amended 3-8-1994, effective 1-1-1992]

§ 30-24 Maximum and minimum allowances; limitations on payment of benefits.

[Amended 6-10-1980; 12-10-1991; 8-2-1994; 1-27-1998; 4-14-1998; 10-13-1998; 9-14-1999; 11-9-1999; 6-12-2001; 12-10-2002]

No allowance paid to any member under this plan, including workers' compensation payments, if any, shall exceed 75% of the member's average final compensation, except that this maximum benefit limit shall not apply to the portion of an affected member's retirement allowance equal to 10% of the member's average final compensation, to the portion of the retirement allowance of an incentive member attributable to the five additional years of credited service that are imputed under § 30-17 or § 30-18, to the portion of a COLA member's retirement allowance attributable to an increase under §§ 30-24H(2) and 30-24I, or to a supplemental benefit under § 30-24N.

[Amended 1-25-2005[1]]

Editor's Note: This ordinance provided that it shall apply in connection with certain calculations of benefits on or after 7-1-2003.

No such allowance shall be less than $360 annually, except for any member claiming a vested interest under §§ 30-30 through 30-34 whose continuous service is five years but less than 15 years. In such event, the annual minimum of $360 shall be reduced $24 for each year of continuous service less than 15.

Any member entitled to a maximum allowance shall be entitled to a refund or a portion of his or her contributions with interest as determined by the Pension Board. Said refund will be equal to the amount of his or her contributions made after the date when the accrued benefit reached the maximum, as determined by the Pension Board. Such a refund will be made to a member only upon submission of a request by the member to the Pension Board.

[Amended 1-10-2006[2]]

Editor's Note: This ordinance provided that changes apply with respect to payments after 1-1-2006.

The foregoing maximum allowance, in addition to applying to members hereafter retired, shall apply prospectively from July 1, 1969, to the allowance paid to any member theretofore retired.

In the case of a member who became covered under this plan prior to 1996, no more than $200,000 of the members compensation for a year shall be taken into account in computing benefits under this plan, as adjusted to the extent permitted under applicable law and regulations of the Secretary of the Treasury. In the case of any other member, no more than $200,000 of the member's compensation shall be taken into account for a year in computing benefits, as adjusted to the extent permitted under applicable law and regulations of the Secretary of the Treasury, and the limitations of Section 401(a)(17) of the Internal Revenue Code of 1986, as amended, are incorporated by reference with respect to the member.

Notwithstanding any provision in this plan to the contrary, the benefits provided under this plan shall be limited in accordance with the provisions contained in Section 415 of the Internal Revenue Code of 1986, as amended, and the provisions of Code Section 415 shall be incorporated in the plan by this reference. For purposes of applying the provisions of Code Section 415, the compensation of a member shall be determined on the basis of wages, within the meaning of Code Section 3401(a), plus amounts that would be included in wages but for an election under Code Section 125(a), 132(f)(4), 402(e)(3), 402(h)(1)(B), 402(k) or 457(b). However, any rules that limit the remuneration included in wages based on the nature or location of the employment or the services performed are disregarded for this purpose. Moreover, the amount of compensation shall be subject to the limits that apply pursuant to § 30-24E.

[Amended 6-8-2010[3]]

Editor's Note: This amendment also provided that it would apply with respect to benefits determined effective as of 1-1-1995, except that the compensation taken into account would be subject to the limits that apply under § 30-24E with respect to benefits determined after 12-31-2007.

Notwithstanding any provision in this plan to the contrary, all distributions from the plan shall comply with the requirements of Section 401(a)(9) of the Internal Revenue Code of 1986, as amended, and regulations promulgated by the Secretary of the Treasury thereunder, other than those requirements, such as the commencement of benefit payments to an active employee who has attained age 70 1/2, that do not apply to a governmental plan, and the provisions of Code Section 401(a)(9) and such regulations shall be incorporated in the plan by this reference.

Retirement allowance increases.

There shall be a two-percent increase, effective January 1, 1995, in the periodic benefit payments determined under the provisions pertaining to retirement allowances in §§ 30-12, 30-14, 30-16, 30-53A and 30-53E and the provisions governing survivors benefits in §§ 30-35, 30-43 and 30-53I, or the applicable predecessor provisions of the plan, of retired members who were retired and in receipt of normal or disability retirement allowances from the plan as of December 31, 1981, and of each survivor who either is receiving a retirement allowance or survivors benefits with respect to such a retired member or began receiving a retirement allowance or survivors benefits with respect to such a retired member not later than December 31, 1981. This adjustment shall be made without regard to the maximum allowance in § 30-24A.

Calculation.

(a)

The retirement allowance of a COLA member, other than a Part B-1 member, who retires under § 30-12 on or after January 1, 1998, shall be increased by 1%, effective as of the first January 1 or July 1 following the third year after retirement, except that the retirement allowance of a COLA member, other than a Part B-1 member, who is covered under a collective bargaining agreement with the Supervisory Union, Local 2001, SEIU, the Building Maintenance Union, Local 2001, SEIU, or the Grounds Maintenance Union, Local 2001, SEIU, and retires under § 30-12 pursuant to the completion of 30 years of credited service without satisfying another standard for eligibility for retirement under said § 30-12 will be increased by 1% effective as of the first January 1 or July 1 following the third year after he or she would have met another standard for eligibility for retirement under § 30-12 if he or she had continued in employment. The retirement allowance of a COLA member, other than a Part B-1 member, who retires under § 30-13A on or after January 1, 1998, shall be increased by 1% effective as of the first January 1 or July 1 following the third year after the member would have retired under § 30-12 if the member had continued in employment until eligible for retirement under said § 30-12, except that, in the case of a COLA member, other than a Part B-1 member, who is hired prior to July 1, 2003, and is covered under a collective bargaining agreement with the Supervisory Union, Local 2001, SEIU, the Building Maintenance Union, Local 2001, SEIU, or the Grounds Maintenance Union, Local 2001, SEIU, the retirement allowance shall be increased by 1% effective as of the first January 1 or July 1 following the third year after the member would have retired under § 30-12 if the member had continued in employment until eligible for retirement under said § 30-12 according to a standard other than completion of 30 years of credited service. After there is a one-percent increase in the retirement allowance of a COLA member, other than a Part B-1 member, who retires under § 30-12 or 30-13A, there shall be an additional one-percent increase in the amount of the retirement allowance, compounded annually, effective as of each anniversary of the date on which the first increase became effective. For the purposes of this § 30-24H(2)(a), the COLA member's retirement allowance shall exclude any payments made pursuant to § 30-24J, K, or M, and no increase shall be made pursuant to this § 30-24H(2)(a) in the amount of the benefit attributable to § 30-24J, K or M. In addition, for the purposes of this § 30-24H(2)(a), the COLA member's retirement allowance shall exclude any supplemental payments under § 30-24N, and no increase shall be made pursuant to this § 30-24H(2)(a) in the amount of a supplemental payment determined under § 30-24N.

[Amended 10-14-2003[4]; 1-25-2005[5]; 2-27-2008[6]]

Editor's Note: This ordinance also stated that the revisions implemented in § 30-24 shall apply with respect to certain retirements on or before 12-31 2003.

Editor's Note: This ordinance provided that it shall apply in connection with certain calculations of benefits on or after 7-1-2003.

Editor's Note: This ordinance also provided that the revisions to this subsection will apply with respect to certain Part B members hired prior to 7-1-2003.

(b)

The retirement allowance of a Part B-1 member who retires under § 30-12 on or after October 28, 1998, shall be increased by 1%, effective as of the first January 1 or July 1 following the third year after retirement, except that, in the case of such a Part B-1 member who retires under § 30-12 pursuant to the completion of a specified, minimum number of years of credited service without satisfying an eligibility standard for retirement under said § 30-12 based in part on attainment of a minimum age, the retirement allowance shall be increased by 1% effective as of the first January 1 or July 1 following the third year after he or she would have met an eligibility standard for retirement under § 30-12, based in part on attainment of a minimum age, if he or she had continued in employment. The retirement allowance of a Part B-1 member who retires under § 30-13A or 30-13B on or after October 28, 1998, shall be increased by 1%, effective as of the first January 1 or July 1 following the third year after the member would have retired under § 30-12 if the member had continued in employment until eligible for retirement under said § 30-12 according to an eligibility standard applied pursuant to § 30-12 that requires attainment of a minimum age. After there is a one-percent increase in the retirement allowance of a Part B-1 member who retires under § 30-12, 30-13A or 30-13B, there shall be an additional one-percent increase in the amount of the retirement allowance, compounded annually, effective as of each anniversary of the date on which the first increase became effective.

[Amended 11-25-2008[7]]

Editor's Note: This ordinance provided that it shall apply with respect to retirements on or after 7-1-2007.

(c)

The increase in the retirement allowance of a COLA member (including a Part B-1 member) who is a window member shall be calculated without regard to any portion of the retirement allowance which is payable to the member as a result of imputing five additional years of credited service or five additional years of age under § 30-12, 30-17, 30-18 or 30-20. Moreover, the increase in the retirement allowance of a COLA member (including a Part B-1 member) under this § 30-24H who is a window member who retires under § 30-12 as a result of imputing five additional years of credited service or five additional years of age shall not occur until the first January 1 or July 1 following the third year after the member would have retired under § 30-12 if the member had continued in employment until eligible for retirement under said § 30-12 without regard to the imputed years of credited service or imputed years of age.

The retirement allowance of a COLA member who retires under § 30-12 on or after January 1, 1998, shall be increased by 1%, effective as of the first January 1 or July 1 following the third year after retirement, except that the retirement allowance of a COLA member who is covered under a collective bargaining agreement with the Supervisory Union, Local 2001, SEIU, the Building Maintenance Union, Local 2001, SEIU, or the Grounds Maintenance Union, Local 2001, SEIU, and retires under § 30-12 pursuant to the completion of 30 years of credited service without satisfying another standard for eligibility for retirement under said § 30-12 will be increased by 1% effective as of the first January 1 or July 1 following the third year after he or she would have met another standard for eligibility for retirement under § 30-12 if he or she had continued in employment and except that the retirement allowance of a COLA member who is a Part B-1 member and retires under § 30-12 pursuant to the completion of a specified number of years of credited service, without satisfying an eligibility standard in said § 30-12 based in part on attainment of a minimum age, will be increased by 1% effective as of the first January 1 or July 1 following the third year after he or she would have met an eligibility standard for retirement under § 30-12, based in part on attainment of a minimum age, if he or she had continued in employment. The retirement allowance of a COLA member who retires under § 30-13 on or after January 1, 1998, shall be increased by 1% effective as of the first January 1 or July 1 following the third year after the member would have retired under § 30-12 if the member had continued in employment until eligible for retirement under said § 30-12, except that, in the case of a COLA member who is hired prior to July 1, 2003, and is covered under a collective bargaining agreement with the Supervisory Union, Local 2001, SEIU, the Building Maintenance Union, Local 2001, SEIU, or the Grounds Maintenance Union Local, 2001, SEIU, the retirement allowance shall be increased by 1% effective as of the first January 1 or July 1 following the third year after the member would have retired under § 30-12 if the member had continued in employment until eligible for retirement under said § 30-12 according to a standard other than completion of 30 years of credited service and except that, in the case of a COLA member who is a Part B-1 member, the retirement allowance shall be increased by 1% effective as of the first January 1 or July 1 following the third year after the member would have retired under § 30-12 if the member had continued in employment until eligible for retirement under said § 30-12 according to an eligibility standard applied pursuant to § 30-12 that requires attainment of a minimum age as well as completion of a minimum number of years of credited service. After there is a one-percent increase in the retirement allowance of a COLA member who retires under § 30-12 or 30-13, there shall be an additional one-percent increase in the amount of the retirement allowance effective as of each anniversary of the date on which the first increase became effective. The increase in the retirement allowance of a COLA member who is a window member shall be calculated without regard to any portion of the retirement allowance which is payable to the member as a result of imputing five additional years of credited service or five additional years of age under § 30-12, 30-17, 30-18 or 30-20. Moreover, the increase in the retirement allowance of a COLA member under this § 30-24I who is a window member who retires under § 30-12 as a result of imputing five additional years of credited service or five additional years of age shall not occur until the first January or July following the third year after the member would have retired under § 30-12 if the member had continued in employment until eligible for retirement under said § 30-12 without regard to the imputed years of credited service or imputed years of age. For the purposes of this § 30-24I, the COLA member's retirement allowance shall exclude payments under § 30-24J, K or M, and no increase shall be made pursuant to this § 30-24I in the amount of the benefit attributable to § 30-24J, K or M. In addition, for the purposes of this § 30-24I, the COLA member's retirement allowance shall exclude any supplemental payments under § 30-24N, and no increase shall be made pursuant to this § 30-24I in the amount of a supplemental payment determined under § 30-24N.

[Amended 10-14-2003; 1-25-2005[8]; 2-27-2008[9]; 11-25-2008[10]]

[8]

Editor's Note: This ordinance provided that it shall apply in connection with certain calculations of benefits on or after 7-1-2003.

[9]

Editor's Note: This ordinance also provided that the revisions to this subsection will apply with respect to certain Part B members hired prior to 7-1-2003.

[10]

Editor's Note: This ordinance provided that it shall apply with respect to retirements on or after 7-1-2007.

An enhanced benefit shall be provided to a member in Part B who is identified as eligible under this § 30-24J and who is a building maintenance technician II, a building maintenance technician I, an executive assistant for police, an executive assistant for community service, an executive assistant for public works, an executive assistant for administrative service, an administrative assistant for community service, a senior staff assistant for financial service, a senior staff assistant for library service, a senior staff assistant for employment services, a staff assistant for the Town Clerk, a staff assistant for public works, an information technology specialist, an assistant for police department records, a caseworker II, a coordinator for senior and disability services, an engineering party chief, an assistant manager for leisure service, a management analyst for administrative services, a Town Engineer, a Town Planner, an engineering technician II, a construction coordinator in human services, a registrar of voters, or an assistant registrar of voters. A member in Part B in one of the positions described above shall be eligible for an enhanced benefit under this § 30-24J only if the member is eligible to retire under § 30-12 or 30-13, retires not later than June 30, 2003, pursuant to a written election to retire and a written agreement and general release with the Town in a form prescribed by the Town that is provided to the Pension Board not later than 46 days following receipt of the documents and other pertinent information from the Pension Board, and does not revoke such election to retire or such agreement and general release within seven days following the execution of the agreement and general release. The enhanced benefit shall be the larger of the increase in benefit resulting from imputing five additional years to credited service pursuant to § 30-18C or the increase in benefit resulting from imputing five additional years to age for purposes of § 30-12 or 30-13, except that, if it would result in a greater increase in benefit, the enhanced benefit shall instead be the increase in benefit resulting from imputing one additional year to age under § 30-12 or 30-13 and four additional years to credited service under § 30-18C. Any increase in benefits provided under this § 30-24J shall be subject to the restrictions on maximum benefits set forth in §§ 30-18, 30-24A and 30-24F.

[Added 4-22-2003[11]]

[11]

Editor's Note: This ordinance also provided that Subsection J shall apply with respect to retirements of certain Part B members, identified in Subsection J, that occur after the date of enactment of the amendment and no later than 6-30-2003.

An enhanced benefit shall be provided to a member in Part B who is identified as eligible under this § 30-24K and who is a public works supervisor for streets or a public works supervisor for traffic safety. A member in Part B in one of the positions described above shall be eligible for an enhanced benefit under this § 30-24K only if the member is eligible to retire under § 30-12 or 30-13, retires not later than September 30, 2003, pursuant to a written election to retire and a written agreement and general release with the Town in a form prescribed by the Town that is provided to the Pension Board not later than 46 days following receipt of the documents and other pertinent information from the Pension Board, and does not revoke such election to retire or such agreement and general release within seven days following the execution of the agreement and general release. The enhanced benefit shall be the larger of the increase in benefit resulting from imputing five additional years to credited service pursuant to § 30-18C or the increase in benefit resulting from imputing five additional years to age for purposes of § 30-12 or 30-13. Any increase in benefits provided under this § 30-24K shall be subject to the restrictions on maximum benefits set forth in §§ 30-18, 30-24A and 30-24F.

[Added 4-22-2003[12]]

[12]

Editor's Note: This ordinance also stated that Subsection K shall apply with respect to retirements of certain Part B members, identified in Subsection K, that occur after the date of enactment of the amendment and no later than 9-30-2003.

No allowance paid to any member under this plan shall exceed 70% of the member's average final compensation, except that this restriction shall not apply with respect to a member who receives an enhanced benefit pursuant to § 30-24J or 30-24K, or with respect to an enhanced benefit paid under § 30-24M, with respect to the portion of a COLA member's retirement allowance attributable to an increase under §§ 30-24H(2) and 30-24I, or with respect to a supplemental benefit paid under § 30-24N.

[Amended 10-14-2003[13]; 1-25-2005[14]]

[13]

Editor's Note: This ordinance also stated that the revisions implemented in § 30-24 shall apply with respect to certain retirements on or before 12-31-2003.

[14]

Editor's Note: This ordinance provided that it shall apply in connection with certain calculations of benefits on or after 7-1-2003.

An enhanced benefit shall be provided to a member in Part B who is identified as eligible under this § 30-24M and who is covered under a collective bargaining agreement with the Grounds Maintenance Unit, SEIU Local 760. Such a member in Part B shall be eligible for an enhanced benefit under this § 30-24M only if the member is eligible to retire under § 30-12 or 30-13, retires not later than December 31, 2003, pursuant to a written agreement and general release with the Town in a form prescribed by the Town that is provided to the Pension Board not later than October 1, 2003, which is at least 46 days following receipt of these documents and other pertinent information from the Pension Board and does not revoke such election to retire or such agreement and general release within seven days following the execution of the agreement and general release. The enhanced benefit shall be the larger of the increase in benefit resulting from, imputing five additional years to credited service pursuant to § 30-18C or the increase in benefit resulting from imputing five additional years of age for purposes of § 30-12 or 30-13. Any increase in benefits provided under this § 30-24M shall be subject to the restrictions or maximum benefits set forth in § 30-18, § 30-24A, and § 30-24F. Any increase in benefits under this § 30-24M shall not be subject to the restrictions on maximum benefits set forth in § 30-24L. Any increase in benefits under this § 30-24M shall not be subject to increase under § 30-24H or § 30-241.

[Added 10-14-2003[15]]

[15]

Editor's Note. This ordinance also stated that the revisions implemented in § 30-24 shall apply with respect to certain retirements on or before 12-31- 2003.

Each member in Part B hired before July 1, 2003, who either is covered under a collective bargaining agreement with the Building Maintenance Unit, SEIU Local 2001, Clerical Unit, SEIU Local 2001, Grounds Maintenance Unit, SEIU Local 2001, Supervisory Unit, SEIU Local 2001, Professional and Management Unit, SEIU Local 2001 or Streets Union, AFL-CIO, Local 1142, or is in a position that is not with the Board of Education and also is not covered by a collective bargaining agreement shall be eligible to receive a supplemental benefit if such member does not retire for at least one year after becoming eligible to retire under § 30-12, provided that a member who is covered under a collective bargaining agreement with the Supervisory Union, Local 2001, SEIU, the Building Maintenance Union, Local 2001, SEIU, or the Grounds Maintenance Union, Local 2001, SEIU, and is eligible to retire under § 30-12 pursuant to completion of 30 years of credited service without satisfying another eligibility standard for retirement under § 30-12 shall, for purposes of this § 30-24N, not be considered to be eligible to retire under § 30-12. In addition, each member in Part B hired before July 1, 2004, who is covered under a collective bargaining agreement with the Cafeteria Workers Union, AFSCME Local 217, Cafeteria Managers Union, AFSCME Local 818, Printers Union, AFSCME Local 1303-195, or Professional and Technical Unit, SEIU Local 2001, shall be eligible to receive a supplemental benefit if such member does not retire for at least one year after becoming eligible to retire under § 30-12. Also, a supplemental benefit shall be provided to a member who does not retire for at least one year after becoming eligible to retire under § 30-12 if the member is hired before July 1, 2004, and is covered under a collective bargaining agreement with the Maintenance Union, Local 1303-61, AFSCME, or West Hartford Public School Nurses Association; is hired before July 1, 2005, and is covered under a collective bargaining agreement with West Hartford Federation of Educational Secretaries, is hired before May 1, 2006, and is covered under a collective bargaining agreement with the PARA's, West Hartford Federation of Educational Personnel Local 3819, American Federation of Teachers; or Security Officers Local 1303-340, AFSCME, or is hired before July 1, 2006, and is covered under a collective bargaining agreement with Custodial Union Local 1303-39, AFSCME, or Head Custodians III Local 818, AFSCME, or is employed by the Board of Education in a position not covered by a collective bargaining agreement. The amount of the supplemental benefit that is accrued for an eligible member shall be $600 at the end of the first year for which retirement under § 30-12 is deferred following eligibility for retirement, increased by another $600 at the end of each additional year for which retirement is deferred. The supplemental benefit shall be paid for the life of the eligible member as of each July 1 following his or her retirement. If the eligible member dies after receiving at least one payment under this § 30-24N, there shall be a payment made as soon as practicable following the date of death equal to the amount that would have been paid as of the July 1 following the date of death, multiplied by a fraction with a numerator equal to the number of complete calendar months between the date of death and the preceding July 1 and with a denominator equal to 12. If the eligible member dies after being employed for at least one year after being considered eligible for retirement under § 30-12 for purposes of this § 30-24N but prior to receiving any payments under this § 30-24N, there shall be one payment, made as soon as practicable following the date of death, equal to the annual supplemental benefit payment that had accrued as of the date of death. No other benefits will be paid pursuant to this § 30-24N following the date of the eligible member's death. Any death benefit payable under this § 30-24N shall be paid to the member's designated beneficiary or, if there is no beneficiary, to the member's surviving spouse and, if there is no surviving spouse, to the member's estate. The supplemental benefit shall be paid without regard to the maximum allowance in § 30-24A, the limitation in § 30-24L, or the limitation in § 30-24O and shall not be subject to increase under § 30-24H or I.

[Added 1-25-2005[16]; amended 8-8-2006[17]; 2-13-2007; 2-27-2008[18]]

[16]

Editor’s Note: This ordinance also noted that certain revisions apply with respect to benefits provided on or after 7-1-2003, while others apply with respect to benefits provided on or after 7-1-2004.

[17]

Editor's Note: This ordinance provided that the revisions set forth above in § 30-24N shall apply with respect to the calculation of benefits for a member who has service subsequent to the pertinent date set forth therein based on service that is performed after becoming eligible for normal retirement, including such service that is before or after such date.

[18]

Editor's Note: This ordinance also provided that the revisions to this subsection will apply with respect to particular Part B members hired before 7-1-2003, and with respect to certain other specified Part B members who were hired before 7-1-2004, 5-1-2006 or 7-1-2006.

In the case of a member in Part B who either is covered under a collective bargaining agreement with the Building Maintenance Unit, SEIU Local 760, Clerical Unit, SEIU Local 760, Grounds Maintenance Unit, SEIU Local 760, Supervisory Unit, SEIU Local 760, Professional and Management Unit, SEIU Local 760, or Streets Union, AFSCME Local 1241, or is in a position that is not with the Board of Education and also is not covered by a collective bargaining agreement, the retirement allowance, exclusive of any supplemental benefit determined under § 30-24N and exclusive of any benefit determined under § 30-24H(2) and § 30-24I, shall not exceed the base pay during the final calendar year of service. In addition, in the case of a member in Part B who is employed by the Board of Education in a position not covered by a collective bargaining agreement or is covered under a collective bargaining agreement with the West Hartford Federation of Educational Secretaries, Maintenance Union Local 1303-61, AFSCME, Custodial Union Local 1303-39, AFSCME, Board of Education Security Officers Local 1303-340, AFSCME, Head Custodians III Local 818, AFSCME, West Hartford Public School Nurses Association, or PARA's, West Hartford Federation of Educational Personnel Local 3819, American Federation of Teachers, the retirement allowance, exclusive of any supplemental benefit determined under § 30-24N and exclusive of any benefit determined under § 30-24H(2) and § 30-24I, shall not exceed the base pay during the final calendar year of service.

[Added 1-25-2005[19]; amended 1-24-2006; 8-8-2006[20]; 2-13-2007]

[19]

Editor's Note: This ordinance provided that it shall apply in connection with certain calculations of benefits on or after 7-1-2003.

[20]

Editor's Note: This ordinance provided that the revisions set forth above in § 30-240 shall apply effective July 1, 2004, with respect to the benefit calculations for a member covered under a collective bargaining agreement with the Maintenance Union Local 1303-61, AFSCME, or the West Hartford Public School Nurses Association; effective July 1, 2005, with respect to the calculations of benefits for a member covered under a collective bargaining agreement with the West Hartford Federation of Educational Secretaries, Custodial Union Local 1303-39, AFSCME, Board of Education Security Officers, Local 1303-340, AFSCME, or Head Custodians III Local 818, AFSCME; and effective May 1, 2006, for a member covered under a collective bargaining agreement with the PARA's, West Hartford Federation of Educational Personnel Local 3819, American Federation of Teachers.

Enhanced benefit for eligible members of Human Services Department.

[Added 2-28-2006[21]]

An enhanced benefit shall be provided to a member in Part B who is identified as eligible under this § 30-24P and who is of the Human Services Department of the Town of West Hartford. A member in Part B described above shall be eligible for an enhanced benefit under this § 30-24P only if the member is eligible to retire under § 30-12 or 30-13 on or before June 30, 2006, retires not later than June 30, 2006, pursuant to a written election to retire and a written agreement and general release with the Town in a form prescribed by the Town that is provided to the Pension Board not later than 46 days following receipt of the documents and other pertinent information from the Pension Board, and does not revoke such election to retire or such agreement and general release within seven days following the execution of the agreement and general release. The enhanced benefit shall be the larger of the increase in benefit derived from imputing a combination of years of service and/or years of age in increments not less than one and not to exceed a total of five. Any increase in benefits provided under this § 30-24P shall be subject to the restrictions on maximum benefits set forth in § 30-24A and F.

For the purposes of this § 30-24P, a COLA member's retirement allowance under § 30-24I shall not apply to payments attributable under this § 30-24P and shall not apply until the first January or July following the third year after the member would have retired under § 30-12 if the member had continued in employment until eligible for retirement under said § 30-12 without regard to the imputed years of credited service or imputed years of age.

[21]

Editor's Note: This ordinance provided that it shall apply to retirements that occur after the date of its enactment and no later than 6-30-2006.

An enhanced benefit shall be provided to a member in Part B who is identified as eligible under this § 30-24Q and who is a member in the Printers Union Local 1303-195 AFSCME, and who is not a supervisor and is eligible for either early or normal retirement benefit as of July 1, 2007. A member in Part B described above shall be eligible for an enhanced benefit under this § 30-24Q only if the member is eligible to retire under § 30-12 or § 30-13, retires not later than September 30, 2007, pursuant to a written election to retire and a written agreement and general release with the Town in a form prescribed by the Town that is provided to the Pension Board not later than 46 days following receipt of the documents and other pertinent information from the Pension Board, and does not revoke such election to retire or such agreement and general release within seven days following the execution of the agreement and general release. The enhanced benefit shall be from imputing three additional years of credited service pursuant to § 30-18C. Any increase in benefits provided under this § 30-24Q shall be subject to the restrictions on maximum benefits set forth in § 30-24A and § 30-24F.

[Added 8-14-2007]

An enhanced benefit shall be provided to a member in Part B who is identified as eligible under this § 30-24R and who is employed pursuant to a collective bargaining agreement with the Town of West Hartford Federation of Educational Secretaries, AFT Local #4306. A member in Part B described above shall be eligible for an enhanced benefit under this § 30-240 only if the member is eligible to retire under § 30-12 on or before July 1, 2008 without regard to this § 30-24R, retires not later than September 1, 2008, pursuant to a written election to retire and a written agreement and general release with the Town in a form prescribed by the Town that is provided to the Pension Board not later than 46 days following receipt of the documents and other pertinent information from the Pension Board, and does not revoke such election to retire or such agreement and general release within seven days following the execution of the agreement and general release. The enhanced benefit shall be the increase in benefit that results from imputing three additional years of credited service. Any increase in benefit provided under this § 30-24R shall be subject to the restrictions on maximum benefits set forth in § 30-24A, § 30-24F, § 30-24L and § 30-24O. Years of credited service imputed under this § 30-24R shall not be considered service when determining if retirement is deferred for purposes of § 30-24N.

[Added 11-25-2008[22]]

[22]

This ordinance provided that it shall apply with respect to retirements of certain Part B members, identified in Subsection R, that occur no later than 9-1-2008.

§ 30-25 Benefits upon reemployment by Town.

[Amended 12-10-1991, effective 1-1-1991; 4-14-1998[1]]

In the event that a retired member shall be reemployed by the Town before becoming eligible for normal retirement under § 30-12, no retirement benefit payment shall be made during the period of such reemployment that precedes the normal retirement date under § 30-12. If a retired member shall be reemployed by the Town after becoming eligible for normal retirement under § 30-12, no retirement benefit payment shall be made during the period of reemployment if the reemployment is for more than 900 hours for a calendar year. If a retired member who has separated from service for a period of at least 30 days is reemployed for not more than 900 hours for each calendar year and is eligible for normal retirement under § 30-12, without regard to a window member's years of credited service imputed under said § 30-12, retirement benefit payments shall be made during the period of such reemployment following the date of eligibility for normal retirement. If a retired window member becomes eligible for normal retirement under § 30-12 as a result of credited service imputed under said § 30-12, no retirement benefit payment shall be made to the window member during a period of reemployment that precedes the date on which the window member would have become eligible for normal retirement under § 30-12 without regard to any imputed years of credited service.

Editor's Note This amendment shall be effective with respect to an election to retire made on or after 7-1-1998 and not later than 3-1-1999 in the case of a member described in Subsection A(1) of the definition of "window member" included in § 30-8; on or after 5-15-1998 and not later than 6-20-1998 in the case of a member described in Subsection A(2) of said definition; or on or after 5-5-1998 and not later than 6-20-1998 in the case of a member described in Subsection A(3) of said definition.

§ 30-26 Retroactive benefit adjustments.

Any member who retired on or after July 1, 1969, shall have his or her retirement allowance adjusted retroactively according to the applicable benefit formula as set forth in §§ 30-17 through 30-24.

§ 30-27 Contributions of members.

[Amended 6-24-1975]

Each COLA member included in Part B (including a Part B-1 member) shall contribute 1% of compensation toward the cost of benefits hereunder and, in the case of such a member who is covered under a collective bargaining agreement with the Building Maintenance Unit, SEIU Local 2001, Grounds Maintenance Unit, SEIU Local 2001, Supervisory Unit, SEIU Local 2001, or Professional and Management Unit, SEIU Local 2001, shall contribute an additional 1.5% of compensation, effective July 1, 2003, with such additional contribution increased to 2.0% of compensation, effective July 1, 2004, 2.5% of compensation, effective July 1, 2005, and 3.0% of compensation, effective July 1, 2006, except that the maximum amount of the additional contribution shall be 2.0% of compensation if such member has 35 years of credited service, excluding years recognized pursuant to § 30-51 or if the member was hired prior to July 1, 2003, and is eligible to retire pursuant to § 30-12 following completion of at least 30 years of credited service. A COLA member included in Part B who is covered under a collective bargaining agreement with the Clerical Unit, SEIU Local 2001, shall, in addition to the contribution of 1% of compensation described above, contribute 0.3% of compensation, effective July 1, 2003, with such contribution increased to 0.8% of compensation, effective July 1, 2004, 1.3% of compensation, effective July 1, 2005, and 1.8% of compensation, effective July 1, 2006, provided that the maximum annual contribution shall be 0.8% of compensating if such member was hired after June 30, 2003, and has 35 years of credited service, excluding years recognized pursuant to § 30-51, or if such member was hired before July 1, 2003, and has 30 years of credited service, excluding years recognized pursuant to § 30-51. In addition, each member in Part B who is neither employed in a position that is with the Board of Education nor covered by a collective bargaining agreement and each member in Part B who is covered by a collective bargaining agreement with the Streets Union, AFL-CIO Local 1142, shall contribute 1.5% of compensation, effective July 1, 2003, with such contribution increased to 2.0% of compensation, effective July 1, 2004, 2.5% of compensation, effective July 1, 2005, and 3.0% of compensation, effective July 1, 2006, provided that the maximum contribution shall be 2.0% of compensation if such member has 35 years of credited service, excluding years recognized pursuant to § 30-51. Also, the maximum contribution shall be 2% of compensation if the member has completed at least 30 years of credited service and either is hired prior to July 1, 2003, and is covered by a collective bargaining agreement with the Streets Union, AFL-CIO, 1142, or is hired prior to July 1, 2006, and is employed in a position that is not covered by a collective bargaining agreement and is not with the Board of Education. Each member in Part B employed by the Town's Board of Education pursuant to a collective bargaining agreement with the Public School Nurses Association or Custodian III (Head Custodians) Local 818, AFSCME, shall contribute 3% of compensation toward the cost of benefits provided herein. Each member employed by the Town's Board of Education pursuant to a collective bargaining agreement with the Cafeteria Workers Union, AFSCME Local 217, Cafeteria Managers Union, AFSCME Local 818, Printers Union, AFSCME Local 1303-195, or Professional and Technical Unit, SEIU Local 2001, shall contribute 1.5% of compensation effective July 1, 2005, 2% of compensation, effective July 1, 2006, and 3% of compensation, effective July 1, 2007. Also, each member in Part B who is covered under a collective bargaining agreement with the West Hartford Federation of Educational Secretaries, the Custodial Union Local 1303-39, AFSCME, or the Board of Education Security Officers Local 1303-340, AFSCME, shall contribute 1.5% of compensation, effective July 1, 2005, 2% of compensation, effective July 1, 2006, and 3% of compensation, effective July 1, 2007. Each member in Part B who is covered under a collective bargaining agreement with the Maintenance Union Local 1303-61, AFSCME, shall contribute 3% of compensation, effective July 1, 2006, and each member in Part B who is covered under a collective bargaining agreement with PARA's, West Hartford Federation of Educational Personnel Local 3819, American Federation of Teachers, shall contribute 1.5% of compensation, effective July 1, 2006, 2% of compensation, effective July 1, 2007, 2.5% of compensation, effective July 1, 2008, and 3% of compensation, effective July 1, 2009. Each member employed by the Board of Education in a position not covered by a collective bargaining agreement shall contribute 2% of compensation effective January 1, 2007, and 3% of compensation effective July 1, 2007. Each member included in Part B-1 shall contribute 6% of compensation toward the cost of benefits hereunder, in addition to the contribution equal to 1% of compensation that is required to be contributed by a Part B-1 member as a COLA member for COLA benefits. Each other member in Part B shall not be required to contribute toward the cost of the benefits provided herein.

[Amended 12-10-1991, effective 1-1-1991; 3-8-1994, effective 7-1-1992; 3-9-1995, effective 3-21-1995; 7-16-1996, effective 6-20-1996; 6-24-1997, effective 6-30-1997; 9-10-1997, effective 8-31-1997; 1-27-1998, effective 1-1-1998; 9-14-1999, effective 10-28-1998; 1-25-2005[1]; 1-24-2006;[2] 8-8-2006;[3]; 2-13-2007; 2-27-2008[4]; 11-25-2008[5]]

Editor's Note: This ordinance provided that it shall apply with respect to certain contributions made on or after 7-1-2003.

Editor’s Note: This ordinance also provided that the changes shall apply with respect to certain contributions made on or after 7-1-2005.

This ordinance provided that the revisions implemented in § 30-27A shall apply with respect to certain contributions made on or after the pertinent effective dates set forth therein.

Editor's Note: This ordinance also provided that the revisions in this subsection shall apply with respect to certain Part B members hired before 7-1-2003 or 7-1-2006.

Editor's Note: This ordinance provided that it shall apply with respect to certain contributions made by members of the Clerical Unit, SEIU, Local 2001, after 6-30-2003, and with respect to certain contributions made by the Police Safety Dispatchers, SEIU, Local 2001, after 5-10-2008.

The Town shall deduct such member's contributions hereunder from such member's compensation, and the combined contributions of the members shall be paid directly by the Town to the Pension Board. The accumulated contributions standing to the credit of each member in Part B on December 31, 1959, shall exclude a retroactive social security payment to cover the member's share of social security taxes for service between January 1, 1956, and December 31, 1959. Any contributions from members shall be pre-tax contributions for purposes of Internal Revenue Code Section 414(h)(2) that are picked up by the Town.

[Amended 9-11-2012]

§ 30-28 Return of member's share.

[Amended 1-27-1998, effective 1-1-1998; 9-14-1999, effective 10-28-1998; 1-25-2005[1]]

In the event of the discontinuance of a member's employment with the Town before the member's retirement date, provided that such member does not elect a vested interest as provided under §§ 30-30 through 30-34, the amount of contributions standing to the member's credit, other than contributions made on or after January 1, 1998, while a COLA member other than a part B-1 member for COLA coverage and other than contributions made on or after October 28, 1998, while a Part B-1 member for COLA coverage, plus regular interest on such contributions standing to the member's credit, shall be paid to the member or to the member's legal representative. In the event that a COLA member other than a Part B-1 member discontinues employment with the Town before the member's retirement date, the amount of contributions made on or after January 1, 1998, while a COLA member for COLA coverage, increased by interest compounded annually at 2%, shall be paid to the member or to the member's legal representative. In the event that a Part B-1 member discontinues employment with the Town before the member's retirement date, the amount of contributions made on or after October 28, 1998, while a Part B-1 member for COLA coverage, increased by interest compounded annually at 2%, shall be paid to the member or to the member's legal representative.

[Amended 11-25-2008[2]]

Editor's Note: This ordinance provided that it shall apply with respect to any distribution of contributions made by a member.

In the event of the death of a member prior to the member's retirement date, the amount of contributions standing to the member's credit, other than contributions made on or after January 1, 1998, while a COLA member for COLA coverage and other than contributions made on or after October 28, 1998, while a Part B-1 member, plus regular interest on such contributions standing to the member's credit, shall be paid to the member's designated beneficiary or legal representative. In the event of the death of a COLA member other than a Part B-1 member prior to the member's retirement date, the amount of contributions made on or after January 1, 1998, while a COLA member for COLA coverage, increased by interest compounded annually at 2%, shall be paid to the member's designated beneficiary or legal representative. In the event of the death of a Part B-1 member prior to the member's retirement date, the amount of contributions made on or after October 28, 1998, while a Part B-1 member, increased by interest compounded annually at 2%, shall be paid to the member's designated beneficiary or legal representative.

In the event of the death of a retired member other than a part B-1 member or the beneficiary of a retired member other than a Part B-1 member, unless such member shall have effectively elected the ten-year certain option as provided under § 30-22, before the member and the member's beneficiary have received total pension payments, exclusive of any payments of COLA benefits, at least equal to the contributions standing to the member's credit at the member's retirement date, other than contributions made on or after January 1, 1998, while a COLA member for COLA coverage, with regular interest on such contributions standing to the member's credit to the member's retirement date, the difference, if any, between said contributions, including said interest, and said payments shall be paid to the member's designated beneficiary or legal representative. In the event of the death of a retired COLA member other than a Part B-1 member or the beneficiary of a retired COLA member other than a Part B-1 member before the member and the member's beneficiary have received COLA payments at least equal to the amount of contributions made on or after January 1, 1998, while a COLA member for COLA coverage, increased by interest compounded annually at 2%, the difference, if any, between said contributions, including said interest, and said payments shall be paid to the member's designated beneficiary or legal representative. In the event of the death of a retired Part B-1 member or the beneficiary of a retired Part B-1 member, unless such member shall have effectively elected the ten-year certain option as provided under § 30-22, before the member and the member's beneficiary have received total pension payments, including payments pursuant to § 30-24H at least equal to the amount of contributions made on or after October 28, 1998, while a Part B-1 member, increased by interest compounded annually at 2% and the amount of contributions made by such member prior to October 28, 1998, increased by regular interest, the difference, if any, between said contributions, including said interest, and said payments shall be paid to the member's designated beneficiary or legal representative.

Notwithstanding any other provisions of this § 30-28, no distributions shall be made pursuant to this § 30-28 to or on behalf of a member of the Streets Union, AFSCME Local 1241, with respect to contributions made for COLA benefits.

A return of a member's share to the member pursuant to § 30-28A, representing his or her contributions, plus interest, shall he made only upon submission of a request by the member to the Pension Board.

[Amended 1-10-2006[3]]

Editor's Note: This ordinance provided that changes apply with respect to payments after 1-1-2006.

Editor's Note: This ordinance provided that it shall apply in connection with certain calculations of benefits on or after 7-1-2003.

§ 30-29 Appropriation of funds.

[Amended 3-26-2002; 1-26-2021]

The Town Council shall annually determine the appropriation, if any, to the Pension Fund. Such determination shall be made by consideration of the amounts required to fund the benefits set forth in this plan as determined by the Pension Board on the basis of the actuary's reports, which shall be based on sound actuarial funding methods, assumptions and principles. Notwithstanding the foregoing, for any fiscal year in which the Town shall issue general obligation pension bonds, such appropriation shall be reallocated to the General Obligation Pension Bonds Reserve Fund established under Article V of Chapter 18.

§ 30-30 Vested interest.

[Amended 1-27-1998, effective 1-1-1998; 9-14-1999, effective 10-28-1998; 11-25-2008[1]]

Except in the case of a Part B-1 member who is first employed by the Town after June 30, 2007, a member whose employment with the Town is terminated after five years of credited service may elect to permit his or her contributions, other than contributions made on or after January 1, 1998, while a COLA member for COLA benefits (including contributions equal to 1% of compensation made for COLA benefits on or after October 28, 1998, by a Part B-1 member hired before July( 1, 2007 who is a COLA member), to remain in the pension fund, in which event the member shall be entitled to a vested interest subject to the provisions of §§ 30-31 through 30-34. A Part B-1 member who is first employed by the Town after June 30, 2007, and terminates employment with the Town after 10 years of credited service may elect to permit his or her contributions, other than contributions made while a COLA member for COLA benefits (including contributions equal to 1% of compensation made for COLA benefits), to remain in the pension fund, in which event the member shall be entitled to a vested interest, subject to the provisions of § 30-31 through § 30-34. Upon termination of employment, contributions made on or after January 1, 1998, while a COLA member for COLA benefits (including contributions equal to 1% of compensation made for COLA benefits on or after October 28, 1998, by a Part B-1 who is a COLA member), increased by interest compounded annually at 2%, shall be paid to the member or to the member's legal representative.

Editor's Note: This ordinance provided that it shall apply with respect to certain terminations of employment after 6-30-2007.

§ 30-31 Computation of interest.

[Amended 3-8-1994, effective 1-1-1992]

The vested interest provided for in § 30-30 shall consist of a deferred retirement allowance to commence on the member's retirement date, which shall be the earliest date on which the member would have been eligible to retire under § 30-12 or 30-13 had the member remained in the service of the Town, computed as provided in § 30-17, 30-18 or 30-20, whichever is applicable, except that the member's service to the date of such termination and the member's average annual rate of pay for the three highest paid years of service shall be used in determining the amount of such deferred allowance.

§ 30-32 Vested interest application.

No terminated member shall be entitled to the vested interest provided for in § 30-30 unless application for a vested interest is made by the member or legal representative not more than 90 days following the termination of employment on forms furnished by the Pension Board upon request of such member or the member's beneficiary, which Pension Board shall not be held responsible for failure on the part of such member or beneficiary to claim any benefit provided hereunder.

§ 30-33 Return of contribution.

If a terminated member entitled to a vested interest by the terms of § 30-30 shall request the return of his or her contributions pursuant to § 30-28A before the member's retirement date, the amount of contributions standing to the member's credit, plus interest on such contributions standing to the member's credit at the rate set forth in § 30-28A, shall be paid to the member or the member's legal representative, and, upon such payment, the member's vested interest shall terminate.

[Amended 1-27-1998, effective 1-1-1998; 9-14-1999, effective 10-28-1998]

In case of the death of a terminated member entitled to a vested interest, either before or after the retirement date, the provisions of § 30-28 applicable to the return of contributions in case of the death of a member or retired member shall apply as to any return of contributions due to the designated beneficiary or legal representative.

§ 30-34 Effect of interest by reemployment.

[Amended 12-10-1991, effective 1-1-1991]

In the event that a terminated member with a vested interest under the provisions of § 30-30 is reemployed by the Town, the member shall not be required to relinquish such vested interest; provided, however, that no such member shall receive any retirement benefit payments during the period of such reemployment unless the member has attained the normal retirement date under § 30-12 and is entitled to payments under § 30-25.

§ 30-35 Survivors benefits for Part A members.

[Amended 6-24-1975; 11-11-1975]

Upon the death of a member or retired member included in Part A who was an active member on or after January 1, 1954, there shall be paid to or on account of his or her surviving unmarried child or children under 18 years of age, or if such child or children are full-time students, under 23 years of age, his or her spouse or his divorced wife having such child or children in his or her care or to his widow or her dependent widower having attained age 60, such monthly benefits, if any, as such person or persons may be entitled to receive in accordance with the provisions of §§ 30-36 through 30-42. The benefits set forth in said § 30-36 through 30-42, however, shall be reduced to those applicable on June 1, 1974, for survivors of a Part A member who did not elect to be covered by social security at the first opportunity permitted by law after July 1, 1975.

§ 30-36 Schedule of benefits for spouses, divorced wives with children and children alone.

[Amended 7-16-1974; 11-11-1975]

The spouse or divorced wife of such deceased member having one or more such children of such member in his or her care, or such child or children of such members, shall be entitled to benefits, subject to the provisions of this article, consistent with the following schedule:

Average Annual Pay	Spouse and 1 Child¹	1 Child Alone	Maximum Family Benefit²
$3,000.00	$314.60	$157.30	$320.60
$3,600.00	$347.40	$173.70	$379.90
$4,200.00	$383.80	$191.90	$444.50
$4,800.00	$419.80	$209.90	$510.50
$5,400.00	$450.80	$225.40	$561.00
$6,000.00	$485.20	$242.60	$593.30
$6,600.00	$519.00	$259.50	$626.20
$7,200.00	$557.40	$278.70	$657.30
$7,800.00	$595.40	$297.70	$694.60
$8,400.00	$616.20	$308.10	$718.70
$9,000.00	$637.60	$318.80	$743.80
$9,600.00	$655.60	$327.80	$764.80
$10,200.00	$673.60	$336.80	$785.70
$10,800.00	$691.60	$345.80	$806.80
$11,400.00	$709.60	$354.80	$827.80
$12,000.00	$727.60	$363.80	$848.70
$12,600.00	$743.80	$371.90	$867.60
$13,200.00	$760.00	$380.00	$886.50
$14,100.00	$784.20	$392.10	$914.80

	NOTES:
	¹	Spouse under age 60; also 2 children alone.
	²	Maximum benefit is that provided under federal social security.

In addition to applying to persons who shall hereafter become entitled to receive benefits hereunder, the amounts set forth herein shall be paid prospectively from August 1, 1975, to all persons currently receiving benefits hereunder at the time of said date.

§ 30-37 Schedule of benefits for widows and dependent widowers.

[Amended 7-16-1974; 11-11-1975]

The widow or dependent widower of such deceased member who had completed five years of continuous service or who had been retired for disability arising out of and in the course of his or her employment by the Town, provided that such person was living with such member at the time of his or her death, shall be entitled to monthly benefits after attaining age 60, depending on his or her age at time of initial claim, subject to the provisions of this article, consistent with the following table:

	Monthly Widow's or Dependent Widower's Benefit
Average Annual Pay	Age 60	Age 62	Age 65
$3,000.00	$150.00	$173.90	$209.70
$3,600.00	$165.60	$192.00	$231.60
$4,200.00	$182.90	$212.10	$255.80
$4,800.00	$200.10	$232.00	$279.80
$5,400.00	$214.90	$249.20	$300.50
$6,000.00	$231.30	$268.10	$323.40
$6,600.00	$247.40	$286.80	$345.90
$7,200.00	$265.70	$308.00	$371.50
$7,800.00	$283.80	$329.10	$396.90
$8,400.00	$293.70	$340.50	$410.70
$9,000.00	$303.90	$352.40	$425.00
$9,600.00	$312.50	$362.30	$437.00
$10,200.00	$321.10	$372.30	$449.00
$10,800.00	$329.70	$382.20	$461.00
$11,400.00	$338.20	$392.20	$473.00
$12,000.00	$346.80	$402.10	$485.00
$12,600.00	$354.50	$411.10	$495.80
$13,200.00	$362.30	$420.00	$506.60
$14,100.00	$373.90	$433.50	$522.80

§ 30-38 Basis for survivor benefit calculations.

[Amended 7-16-1974; 11-11-1975]

"Average annual pay," as used herein, shall mean the average annual rate of compensation received by the deceased member for the final 10 years of his or her employment by the Town or for the duration of such employment if less than 10 years; excluding, however, any pay received prior to 1956 and that portion of any year's pay in excess of maximum taxable wages applicable to each subsequent year, as follows:

Calendar Year	Maximum Taxable Wages
1956 - 1958	$4,200
1959 - 1965	$4,800
1966 - 1967	$6,600
1968 - 1971	$7,800
1972	$9,000
1973	$10,800
1974	$13,200
1975	$14,100

§ 30-39 Termination and reduction of survivor benefits.

[Amended 11-11-1975]

Upon the remarriage of a spouse or divorced wife entitled to benefits under § 30-36 or 30-37, the monthly payments to or on account of such person shall cease. When a child entitled to benefits reaches age 18 or reaches age 23 while a full-time student or ceases to be a full-time student between the ages of 18 and 23 or marries before reaching age 23 or is adopted by anyone except his or her stepparent, grandparent, aunt or uncle, payments to or on account of such child shall cease. The benefits set forth in said §§ 30-36 and 30-37 shall be reduced $1 for every $2 earned annually above $2,520 by said survivors under age 72.

§ 30-40 Determination of survivor benefits.

In each case where monthly survivorship benefits are payable under §§ 30-35 through 30-39, 30-41 and 30-42, the amount thereof corresponding to the deceased employee's average annual pay shall be determined by the Pension Board by reference to the applicable table in § 30-36 or 30-37, and such determination shall be final and conclusive.

§ 30-41 Simultaneous payments prohibited; direct rollovers.

[Amended 6-12-2001; 12-10-2002]

No person shall be entitled to receive simultaneous benefits under §§ 30-36 and 30-37.

A retired or terminated member or the surviving spouse of a retired or terminated member may elect, in accordance with procedures established by the Pension Board, that all or a portion of an eligible rollover distribution be distributed to an individual retirement plan, a retirement plan that is qualified under Section 401(a) or 403(a) of the Internal Revenue Code of 1986, as amended, an annuity contract described in Section 403(b) of the Internal Revenue Code of 1986, as amended, or an eligible retirement plan under Section 457(b) of the Internal Revenue Code of 1986, as amended, which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and which agrees to account separately for amounts transferred into such plan from this plan. For purposes of this § 30-41B, an "eligible rollover distribution" means the distribution under the plan of all or a portion of the balance to the credit of a distributee other than: one or more distributions to be made during a taxable year of the distributee, which in the aggregate are reasonably expected to be less than $200; a distribution that is one of a series of substantially equal periodic payments made not less frequently than annually for the life or life expectancy of the distributee or the joint lives or joint life expectancy of the distributee and the distributee's designated beneficiary or for a period of 10 years or more; and the portion of any distribution that is required to be made under Section 401(a)(9) of the Internal Revenue Code of 1986, as amended. Any amount that is distributed on account of hardship shall not be an eligible rollover distribution, and the distributee may not elect to have any portion of such a distribution paid directly to an eligible retirement plan. A portion of a distribution shall not fail to be an eligible rollover distribution merely because the portion consists of after-tax employee contributions which are not includible in gross income. However, such portion may be paid only to an individual retirement account or annuity described in Section 408(a) or (b) of the Internal Revenue Code of 1986, as amended, a qualified plan described in Section 401(a) or 403(a) of the Internal Revenue Code of 1986, as amended, or an annuity contract described in Section 403(b) of the Internal Revenue Code, as amended, that agrees to account separately for amounts so transferred, including accounting separately for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible. A death beneficiary of a retired or terminated member who is not the surviving spouse of such retired or terminated member may elect, in accordance with the procedures established by the Pension Board, to have a direct rollover of an eligible rollover distribution to an individual retirement account or annuity described in Section 408(a) or (b) of the Internal Revenue Code of 1986, as amended. A direct rollover of an eligible rollover distribution may also be made to a Roth IRA, as defined in Section 408A of the Internal Revenue Code of 1986, as amended.

[Amended 1-10-2012[1]]

Editor’s Note: This ordinance specified that the amendment to § 31-41B with respect to a direct rollover by a death beneficiary who is not a deceased member’s surviving spouse would apply to distributions made after December 31, 2009, and that the amendment in regard to the rollover of a distribution to a Roth IRA would apply to distributions after December 31, 2007, and that with respect to rollovers of after-tax amounts would apply to rollovers of such amounts after December 31, 2006.

§ 30-42 Payments to other beneficiaries.

In cases where it appears to the Pension Board that the circumstances so warrant, the Board may direct that payments of survivorship benefits under §§ 30-35 through 30-41 shall be made to parties other than the nominal beneficiaries, to be applied for the benefit of such beneficiaries, and any such direction shall be final and conclusive.

§ 30-43 Survivorship benefits for certain Part B members.

Survivorship benefits equivalent to those described in §§ 30-35 through 30-42 for members included under Part A shall be payable upon the death of a member or retired member included under Part B where such member shall not have had a sufficient period of covered employment to qualify for survivors' insurance benefits under the Social Security Act.

§ 30-44 Termination of plan.

[Amended 6-10-1986[1]]

Although the Town hopes to continue the plan and the contributions to the trust indefinitely, the Town may, by action of the Council, terminate the plan and all further contributions thereunder for any reason and at any time. If the Town temporarily discontinues its contributions or suspends them, in whole or in part, and if such temporary discontinuance becomes a permanent discontinuance, such permanent discontinuance shall be deemed to constitute termination of the plan as of the date the contributions were first discontinued. The rights of all affected members, beneficiaries, contingent annuitants and spouses to benefits accrued to the date of termination, partial termination or discontinuance to the extent funded as of such date shall be nonforfeitable.

§ 30-45 Allocation upon termination.

In the event of termination of the plan, the Pension Board shall first allocate an amount of the pension fund to each member, retired member, terminated member with a vested interest, contingent annuitant, beneficiary of a deceased member or beneficiary of a deceased retired member equal to the amount of the contributions accumulated at regular interest standing to the credit of each member as of the plan's termination date, each terminated member with a vested interest as of his or her termination date, each retired member as of his or her retirement date, the beneficiary of a deceased member as of the date of such member's decease and the beneficiary or contingent annuitant of a deceased retired member as of such member's retirement date, less all amounts received from the pension fund by such member, terminated member, retired member, deceased retired member, beneficiary and/or contingent annuitant. Such amounts so allocated shall be paid to the respective members, retired members, terminated members with a vested interest, contingent annuitants or beneficiaries unless a written election is made by such person to have the amount to which he is so entitled held in the pension fund and added to the amount, if any, which shall be set aside for his or her benefit under the terms of the following sentence. The remaining net assets in the pension fund after deduction of all termination expenses shall then be allocated by the Pension Board in an equitable manner among the members, retired members, terminated members with a vested interest, contingent annuitants and beneficiaries in the following order of precedence, and such allocation shall be final:

Order of Precedence	Classification at Date of Termination
Class I	Retired members
	Contingent annuitants
	Beneficiaries of deceased members or retired members
	Members eligible for normal retirement under § 30-12
Class II	Members eligible for early retirement under § 30-13
	Terminated members with a vested interest
Class III	All other members

§ 30-46 Disposition of assets after allocation.

The allocation of assets provided for in § 30-45 shall be accomplished through either continuance of the pension fund or a new pension fund or purchase of insurance or annuity contracts as the Pension Board shall determine.

§ 30-47 Town not to benefit.

[Added 3-13-1973; 3-8-1994, effective 1-1-1992]

This plan has been adopted for the exclusive benefit of certain employees of the Town and their beneficiaries. The Town shall have no beneficial interest in the pension fund or any part thereof, and no part of the pension fund shall ever revert or be repaid to the Town, either directly or indirectly, except for such part of the pension fund, if any, which remains in the fund after satisfaction of all liabilities to persons entitled to benefits under the plan and except for any amount contributed by the Town by mistake of fact. The amount returned to the Town as a result of a contribution made by mistake of fact shall be the lesser of the amount actually contributed by such mistake or its then current value, and this amount must be returned to the Town within one year of the payment of the contribution.

§ 30-48 Assignment of benefits prohibited.

[Amended 11-25-2008[1]]

Any assignment by a member or beneficiary of any allowance or benefit payable under the terms of this article shall be null and void except for an assignment for the benefit of a member's former spouse or children pursuant to a court order pertaining to alimony, child support or a division of marital property. Each such allowance and benefit is for the support of the member or beneficiary entitled thereto and shall be exempt from the claims of creditors of such member and beneficiary, except for an assignment for the benefit of a member's former spouse or children pursuant to a court order pertaining to alimony, child support or a division of marital property and except that if the provisions of this section shall be contrary to the laws governing a particular set of circumstances, as to that set of circumstances, any allowance or benefit payable hereunder shall be exempt to the maximum extent permitted by law. A court order pursuant to which the benefit of a member is to be assigned for the purpose of paying alimony or child support or dividing marital property shall be administered in accordance with rules established at the discretion of the Pension Board.

Editor's Note: This ordinance provided that it shall apply after 9-1-2008 in regard to the administration of a domestic relations order issued in connection with any member.

§ 30-49 Responsibility of department heads.

The heads of the several departments of the Town, including its boards and commissions, shall supply promptly to the Pension Board such information as it may require.

§ 30-50 Benefits forfeited.

[Amended 3-13-1973]

Any member who, at or after retirement, is found guilty by the Pension Board of misfeasance or malfeasance during service with the Town and who, but for his or her retirement, would have been discharged or removed from such service therefor, shall not be entitled to a retirement allowance under this article. Notwithstanding the preceding sentence, such an employee shall not be deprived of the return of any balance of his or her contributions not received as annuity payments, in accordance with § 30-27; neither shall any employee be deprived of any benefits after allocations have been made in accordance with §§ 30-44 through 30-46.

§ 30-51 Additional credit.

A member who, prior to his or her employment with the Town, had military service in time of war as defined by C.G.S. § 27-103 in effect on July 1, 1969, may purchase additional retirement credit for such service to the extent that the member makes contributions to the pension fund for all or any part of the period of such service. The purchase of such additional retirement credit shall be subject to such rules and regulations as the Pension Board shall prescribe, provided that the employee's contributions shall be computed as a percent, not to exceed 4% of the employee's first year's salary rate in his or her employment with the Town, plus appropriate interest to the date of the employee's termination of said military service, and provided further that the purchase of such additional credit shall have been made within not less than 15 months after July 1, 1969, or, in the case of future members, not less than 12 months after becoming a member.

In addition, a new or present member may purchase additional retirement credit for any prior full-time paid service as an employee of a duly constituted agency of the federal government or of any state government or political subdivision thereof, including military service, exclusive of that defined in Subsection A above, upon payment in full of the amount, as determined by the Board, that would have been placed in the pension fund by him or her and the Town if he had been an employee, at his or her starting salary with the Town, during such prior service.

The period of service for which contributions are made to the pension fund in accordance with Subsection A or B above shall be counted for the purpose of computing the amount of the member's retirement allowance, provided that such member shall have become eligible otherwise for retirement or shall be retired prior thereto due to disability incurred in the course of his or her employment.

In the event that a member who is covered under a collective bargaining agreement with the Professional and Management Union, Local 2001, SEIU, or a member who is not employed by the Board of Education and is in a position not covered by a collective bargaining agreement has purchased additional years of service pursuant to this § 30-51 that would not increase the amount of the benefit that would be provided without regard to such additional years of service, the member may, upon application to the Pension Board, receive a refund of the amount that he or she paid for such additional years of service, without any adjustment for interest.

[Added 2-27-2008[1]]

Editor's Note: This ordinance also provided that revisions in Subsection D shall apply to certain withdrawals of contributions after 6-30-2007.

§ 30-52 Special increase due to former provisions.

The retirement allowances of all officials and employees who were retired and in receipt of retirement allowances from the retirement fund as of June 30, 1969, under Section 16.1.5 or Section 16.1.6 of the 1961 Code of Ordinances of the Town shall be increased according to the following schedule:

Retirement Date	Allowance Increase
1-1-1944 through 12-31-1946	32%
1-1-1947 through 12-31-1949	28%
1-1-1950 through 12-31-1952	24%
1-1-1953 through 12-31-1955	20%
1-1-1956 through 12-31-1958	16%
1-1-1959 through 12-31-1961	12%
1-1-1962 through 12-31-1964	8%
1-1-1965 through 12-31-1967	4%
1-1-1968 through 6-30-1969	3%

§ 30-53 Applicability to fire fighters and police officers.

[Added 7-16-1974; amended 7-20-1976]

Sections 30-7 through 30-52 shall apply to fire fighters and police officers as amended by the provisions which follow:

Normal retirement. A Part C member who is hired on or before July 1, 2005, or a Part D member shall be eligible for retirement from active service and for a retirement allowance, who shall have completed 20 years of credited service or attained the age of 55 years and completed 10 years of credited service or attained the age of 65 years. A Part C member who is hired after July 1, 2005, shall be eligible for retirement from active service and for a retirement allowance if he or she shall have attained the age of 50 years and completed 25 years of credited service or attained the age of 65. For purposes of determining whether a member is a program member and the eligibility of a program member for normal retirement, two additional years of credited service shall be imputed to the member.

[Amended 8-19-1986;[1] 12-10-1991, effective 1-1-1988; 3-8-1994[2]; 11-9-1999[3]; 1-24-2006[4]; 12-9-2014][5]

Editor's Note: Effective retroactively as of 7-1-1985 to all persons who were employed by the Town on that date.

Editor's Note: Effective as of 10-1-1991 with respect to Part C members and effective as of 12-1-1991 with respect to Part D members.

Editor’s Note: This ordinance also provided that, unless another date is specified, these changes shall apply to determinations made on or after 7-1-2005.

Editor’s Note: This ordinance also provided that the revisions set forth in § 30-53 shall apply with respect to the determination of benefits made after the adoption of this amendment.

Maximum retirement age. A Part C or Part D member shall be retired not later than the December 31 nearest to the member's 65th birthday.

Normal retirement benefits. Subject to the maximum benefit limits in this section and in § 30-53F, each member in Part C or Part D, whose employment commencement date was prior to April 1, 2014, or each member in Part D, upon retirement under Subsection A, shall receive an annual retirement allowance, payable monthly during the member's lifetime, equal to 2 1/2% of average final compensation multiplied by years of credited service, except that, in the case of a Part C member with employment status on or after July 1, 2004, who was hired prior to April 1, 2014, or a Part D member with employment status on or after July 1, 2006, who has 30 or more years of credited service, the annual retirement allowance shall be 80% of average final compensation and except that, in the case of a Part D member hired on or after August 1, 2006, who is eligible for retirement under § 30-53A as a result of having 20 years of credited service, the annual retirement allowance shall be 50% of average base salary during the three highest paid calendar years of service, determined without regard to overtime payments, private duty pay, sick leave buyouts, holiday pay, educational incentive pay, or any other compensation other than base pay. The retirement allowance of a window member for whom additional years of age are not imputed under § 30-20 shall be calculated by imputing five additional years of credited service to the member under this § 30-53C. The retirement allowance of a program member shall be calculated by imputing two additional years of credited service to the member under this § 30-53C. The retirement allowance of a special member shall be calculated by imputing five additional years of credited service to the member under this § 30-53C. Subject to the maximum benefit limits in this section and § 30-53F, a member in Part C who is hired on or after April 1, 2014, shall receive an annual retirement allowance, payable monthly during the member's lifetime, equal to 2% of the highest rate of annual base compensation, plus attained holiday pay, multiplied by years of credited service, except that, after 30 or more years of credited service, the annual retirement allowance shall be 65% of such highest rate of annual base compensation, increased by attained holiday pay. The annual retirement allowance determined under this § 30-53C that is payable with respect to a Part C member hired on or before July 1, 2005, or a Part D member hired before August 1, 2006, including workers' compensation payments, if any, shall not exceed 95% of the annual base salary of the member at the time of termination of employment, with such base salary determined by including educational incentive pay, if any, and holiday pay, if any, of the member in the calendar year of termination of employment and by excluding overtime, vacation or sick time that is paid in a lump sum, pay for perfect attendance, and any other extra compensation. The annual retirement allowance determined under this § 30-53C, including workers' compensation payments, if any, that is payable to a Part C member hired after July 1, 2005, or a Part D member hired on or after August 1, 2006, shall not exceed 85% of the annual base salary of the member at the time of termination of employment, with such base salary determined by excluding overtime, vacation or sick time that is paid in a lump sum, holiday pay, pay for perfect attendance, educational incentive pay and any other extra compensation.

[Amended 12-10-1991;[6] 3-8-1994;[7] 4-14-1998[8] ; 11-9-1999[9]; 9-10-2002[10]; 1-24-2006[11]; 2-13-2007; 12-9-2014]

Editor's Note: Effective as of 7-1-1985 with respect to Part D members and effective 4-1-1986 with respect to Part C members.

Editor's Note: Effective as of 10-1-1991 with respect to Part C members and effective as of 12-1-1991 with respect to Part D members.

[8]

Editor's Note: This amendment shall be effective with respect to an election to retire made on or after 7-1-1998 and not later than 3-1-1999 in the case of a member described in Subsection A(1) of the definition of "window member" included in § 30-8; on or after 5-15-1998 and not later than 6-30-1998 in the case of a member described in Subsection A(2) of said definition; or on or after 5-5-1998 and not later than 6-20-1998 in the case of a member described in Subsection A(3) of said definition.

[9]

Editor's Note: This amendment provided that it shall be effective with respect to an election to retire made on or after 11-8-1999 and not later than 12-24-1999 in the case of a member described in the definition of ”program member” included in § 30-8.

[10]

Editor's Note: The amendment that imputes additional years of credited service for particular Part C members shall apply with respect to retirements of certain Part C members that occur between 8-1-2002, and 12-31- 2002. The amendment that imposes maximum benefit limits shall apply with respect to the retirement of a Part D member that occurs on or after 9-12-2000, and the retirement of a Part C member that occurs on or after 7-15-2002.

[11]

Editor’s Note: This ordinance also provided that, unless another date is specified, these changes shall apply to determinations made on or after 7-1-2005.

Contingent annuitant option. Upon the death of a Part C or Part D member, who has not elected this option, after the member's retirement date or before the retirement date but after completion of 15 years of credited service or who shall have attained the age of 55 years and completed 10 years of credited service, and if such member is survived by the member's spouse, a retirement allowance commencing at the member's death shall be paid to such spouse. Upon the death of a Part C member or Part C terminated member hired prior to July 1, 2005, with 10 years of credited service who has not elected this option, is not otherwise entitled to benefits under this § 30-53D but is entitled to a retirement allowance and is survived by his or her spouse, a retirement allowance, beginning upon the death of the member or terminated member, shall be paid to such spouse. The amount of such retirement allowance under this § 30-53D shall be as if the member had elected this option to provide an amount equal to 1/2 of the retirement allowance that such member was receiving at the time of death or which the member would have received if the member had begun payments on the date of death, provided that such spouse shall repay to the pension fund in such manner and within such reasonable period as the pension fund requires such amount as such member may have received in retirement allowance which is in excess of the amount the member would have received had the member elected such option. Such payments shall continue until such spouse remarries or dies. The provisions of § 30-15B shall not apply to a Part C or Part D member.

[Amended 3-8-1994, effective 1-1-1992; 1-24-2006[12]]

[12]

Editor’s Note: This ordinance also provided that, unless another date is specified, these changes shall apply to determinations made on or after 7-1-2005.

Disability retirement benefits. A Part C or Part D member shall be eligible for retirement irrespective of the duration of the member's employment if the member terminates employment with the Town as a result of a disability that arises out of and in the course of the member's employment by the Town as defined under the Workers' Compensation Act, the member is not offered, prior to such termination of employment, alternative employment with the Town at a regular annual rate of earnings that is at least 75% of the regular annual rate of earnings paid to the member prior to the disability, and the member receives a determination of maximum medical improvement under the Worker's Compensation Act. Benefit payments shall be made pursuant to this Subsection E to such a member who terminates employment with the Town from the date of the determination of the member's maximum medical improvement pursuant to the Workers' Compensation Act. If a member incurs a disability that arises out of and in the course of the member's employment by the Town as defined under the Workers' Compensation Act, the member prior to termination of employment with the Town is employed in a new position at a regular annual rate of earnings that is at least 75% of the regular annual rate of earnings paid to the member at the time of the disability and the member has received a determination of maximum medical improvement under the Workers' Compensation Act, the compensation of the member for purposes of the plan shall not be less than the compensation that would have been paid to the member if there had not been a change in the member's position with the Town. If such a member who is employed in a new position later terminates employment for cause, benefit payments shall be made under this Subsection E from the date of the determination of maximum medical improvement pursuant to the Worker's Compensation Act. If such a member who is employed in a new position later terminates employment involuntarily for any reason other than cause, payments shall be made under this Subsection E from the date of termination of employment. The minimum allowance for a Part C or Part D member shall be $1,000 annually.

[Amended 10-9-1979; 12-10-1991, effective 1-1-1985]

Maximum and minimum retirement allowances. No such allowance for a Part C or Part D member shall be less than $1,000 annually, except for any Part C member claiming a vested interest under § 30-33 whose continuous service is five years but less than 15 years. In such event, the annual minimum of $1,000 shall be reduced $67 for each year of continuous service less than 15. The maximum annual retirement allowance payable with respect to a Part C member who does not have employment status on or after July 1, 2004, or a Part D member shall be the lesser of the maximum amount determined under § 30-53C or the maximum amount determined under § 30-24A. The maximum annual retirement allowance payable with respect to a Part C member who has employment status on or after July 1, 2004, shall be determined under § 30-53C.

[Amended 9-10-2002[13]; 1-24-2006[14]]

[13]

Editor's Note: This amendment that imposes maximum benefit limits shall apply with respect to the retirement of a Part D member that occurs on or after 9-12-2000 and the retirement of a Part C member that occurs on or after 7-15-2002.

[14]

Editor’s Note: This ordinance also provided that, unless another date is specified, these changes shall apply to determinations made on or after 7-1-2005.

Contributions by members. Each member included in Part D shall contribute 1% of base wages, toward the cost of the benefits provided herein and shall also contribute 2.5% of compensation, effective July 1, 2005, 3% of compensation, effective July 1, 2006, 3.5% of compensation effective July 1, 2007, 4% of compensation, effective July 1, 2008, 4.5% of compensation, effective July 1, 2009, and 5% of compensation, effective July 1, 2010. Each member included in Part C shall contribute 1% of base wages and shall also contribute the percentage of compensation that is agreed to in collective bargaining and accepted by the Town Council.

[Amended 3-8-1994, effective 7-1-1992; 1-24-2006[15]; 2-13-2007; 12-9-2014]

[15]

Editor’s Note: This ordinance also provided that, unless another date is specified, these changes shall apply to determinations made on or after 7-1-2005.

Return of members' contributions. In the event of the discontinuance of a Part C or Part D member's employment with the Town before his or her retirement date or death prior to his or her retirement date or death of a retired Part C or Part D member or the beneficiary of a retired Part C or Part D member or discontinuance of the plan, then 1% of base wages so contributed shall not be returned, except that said 1% without regular interest shall be returned in the event of the death of a Part C or Part D member if said member had no spouse, no dependent child or children under the age of 18, no dependent father or mother while a Part C or Part D member, and, in regard to the death of a Part C member, no dependent child or children between the ages of 18 and 22 who are full-time students at an institution of higher education, and shall be paid to his or her designated beneficiary or legal representative. Any return of contributions that is made to a member after January 1, 2006, shall be effectuated only upon submission of a request by the member to the Pension Board.

[Amended 1-24-2006[16]]

[16]

Editor’s Note: This ordinance also provided that, unless another date is specified, these changes shall apply to determinations made on or after 7-1-2005.

Survivorship benefits. Upon the death of a member or retired member included in Part C or Part D, there shall be paid to or on account of the member's surviving dependent child or children under 18 years of age, the member's spouse or to the member's dependent parent or parents such monthly benefits, if any, as such person or persons may be entitled to receive in accordance with the provisions of this section. In addition, upon the death of a Part C member, there shall be a benefit payable, to the extent provided under the provisions of this section, on account of the member's surviving dependent child or children who are between 18 years of age and 22 years of age and are also full-time students at institutions of higher education. Benefits that, according to the terms of § 30-16, are payable specifically upon the death of a Part A or Part B member shall not be payable upon the death of a Part C or Part D member.

[Amended 3-8-1994, effective 1-1-1992; 1-24-2006[17]]

[17]

Editor’s Note: This ordinance also provided that, unless another date is specified, these changes shall apply to determinations made on or after 7-1-2005.

Benefits for spouses, dependent children and dependent parents. The spouse of such deceased Part C or Part D member, child or children of such member or parent or parents of such member shall be entitled to monthly benefits, subject to the provisions of this section, consistent with the following table:

	Survivor	Percent of Final Compensation
	Spouse, no children	25%
	Spouse and 1 child	37 1/2%
	Spouse and 2 or more children	50%
	1 child and no spouse	25%
	2 or more children and no spouse	37 1/2%
	Parent or parents, if neither spouse or children	25%

Final compensation for survivorship benefit calculations. "Final compensation," as used herein, shall mean 1/12 of the annual rate of base wages of an active Part C or Part D member at the time of such member's death and 1/12 of the annual rate of base wages immediately prior to retirement of a Part C or Part D member who is retired.

Termination of survivorship benefits. Upon the remarriage of a spouse entitled to benefits under Subsection J, the monthly payments to or on account of such person shall cease, except that if the spouse was married to a regular Part C or Part D member who died in the line of duty, payments to such spouse shall continue. When a child entitled to benefits reaches age 18, payments to or on account of such child shall cease, except that payments shall cease to a child of a Part C member who is a full-time student at an institution of higher education upon the attainment of age 23 or, if earlier, upon the date the child is no longer such a full-time student.

[Amended 1-24-2006[18]; 2-27-2008[19]]

[18]

Editor’s Note: This ordinance also provided that, unless another date is specified, these changes shall apply to determinations made on or after 7-1-2005.

[19]

Editor's Note: This ordinance also provided the revisions to this subsection will apply with respect to a surviving spouse of a Part C or Part D member who is receiving payments under § 30-53J that, if not for such revision, would cease on or after 10-1-2007.

Determination of survivorship benefits. In each case where monthly survivorship benefits are payable under this section, the amount thereof corresponding to the deceased employee's final compensation shall be determined by the Pension Board by reference to the applicable table shown herein, and such determination shall be final and conclusive.

Early retirement. A Part C or Part D member who shall have completed 10 years of credited service shall have the option, to be exercised by written request to the Pension Board, to retire not less than 60 days after the filing of said request with the Pension Board.

(Reserved)

Cost of living increases. In the case of a Part C member who is first hired after July 1, 2005, and retires pursuant to § 30-53A or § 30-53N, the annual retirement allowance, exclusive of any amount provided pursuant to an incentive program, shall be increased by 2% effective as of the end of the 24th month following retirement, and there shall be an additional two-percent increase in the amount of the retirement allowance then being paid, exclusive of any amounts attributable to an incentive program, as of the July 1 in the calendar year following the calendar year of such initial increase and as of each subsequent July 1. In the case of a Part D member first hired on or after August 1, 2006, the annual retirement allowance, payable upon termination of employment following eligibility for normal retirement under § 30-53A or eligibility for early retirement under § 30-53N, calculated without regard to any special incentive payments, shall be increased by 2% as of the first July 1 that coincides with or follows the second anniversary of the date of the member's retirement, and there shall be an additional two-percent increase as of each subsequent July 1 in the annual retirement allowance then being paid, exclusive of any amounts attributable to an incentive program, to the member or, following the member's death, to the surviving spouse of the member.

[Added 1-24-2006[20]; amended 2-13-2007]

[20]

Editor’s Note: This ordinance also provided that, unless another date is specified, these changes shall apply to determinations made on or after 7-1-2005.

§ 30-54 Increase of benefits.

[Added 4-21-1987; amended 11-9-1999]

The retirement allowances, and member-elected continuing optional benefits thereof, for all officials and employees, including survivors receiving retirement allowances and survivorship benefits, who were retired and in receipt of retirement allowances from the pension fund as of December 31, 1976, under §§ 30-12, 30-13, 30-14, 30-16 and 30-53 of the Code, or the comparable sections of the Code, as of the official's or employee's retirement date, shall be increased by 5%, effective January 1, 1987.

The retirement allowances, and member-elected continuing optional benefits thereof, for all officials and employees, including survivors receiving retirement allowances and survivorship benefits, who were in receipt of retirement allowances or survivorship benefits from the pension fund as of June 30, 1986, under §§ 30-12, 30-13, 30-14, 30-16, 30-35 and 30-53 of the Code, or the comparable sections of the Code, as of the official's or employee's retirement date, shall be increased by 5%, effective July 1, 1999. This adjustment shall be made without regard to the maximum allowance in § 30-24A.[1]

Editor's Note: Former Article III, consisting of a reference to the revision of the Personnel Rules, which immediately followed this section, was repealed 8-19-1986.

§ 30-55 Applicability to Part E members.

[Added 12-9-2014[1]]

The benefits provided to or on behalf of Part E members shall be determined solely as set forth in this § 30-55. The provisions of this § 30-55 shall apply only to Part E members.

The definitions of "actuary," "beneficiary," "contingent annuitant," "credited service," "Pension Board," "plan," "regular interest," "retired member," "retirement date," and "terminated member" shall be the definitions of those terms as set forth in § 30-8, provided that such terms shall be applied in regard to the provisions of this § 30-55.

"Actuarial equivalent," along with similar terms, shall mean an amount of equal value determined on the basis of the RP-2000 Combined Healthy Mortality Tables for males and females projected to 2020 per Scale AA (50% male and 50% female blend) and 6.5% interest.

The definitions of "average final compensation," "base pay," and "compensation" shall be as set forth in § 30-8, provided that any matching contributions made under a defined contribution retirement plan shall not be taken into account.

"Employee" shall mean a person who is subject to § 30-11E and is required by his or her position to serve the Town continuously for at least nine months of a year and for at least 1,000 hours during the Town's usual business hours.

"Member" shall mean an employee who elects to participate in the plan pursuant to § 30-9C.

Continuity of service shall be determined pursuant to § 30-10 by reference to the provisions of this § 30-55.

"Normal retirement" shall mean age 65 and 15 years of credited service, age 62 and 35 years of credited service or age 70.

"Early retirement" shall mean age 55 and 15 years of credited service or age 60 and 10 years of credited service.

The provisions of § 30-14A shall apply except that there shall not be a requirement to complete a minimum period of service in order to meet the eligibility standards set forth in that section. In addition, the provisions of § 30-14B shall apply except that the terms therein regarding eligibility for retirement upon becoming permanently and totally disabled from engaging in any occupation or employment as a result of injuries incurred outside of the course of employment with the Town shall pertain to all Part E members rather than only to members covered by particular collective bargaining agreements.

The provisions of § 30-14C shall apply. In addition, the provisions of § 30-14D shall apply with respect to determinations made in connection with § 30-55I, this § 30-55J and § 30-55O. The provisions of § 30-14F shall apply except that the disability payments shall be reduced if the member's annual earned income, for federal income tax purposes, when added to the annual disability pension, exceeds 1/2 of the member's annual base salary at the time of termination of employment, and this reduction shall be implemented by reducing the annual disability pension by $1 for every $2 of earned income, provided that such reduction shall not result in the annual disability pension, together with the annual earned income, being less than 1/2 of the annual base salary at the time of termination of employment.

The requirements of § 30-15 shall apply in regard to applications for retirement and contingent annuities, provided that such requirements shall be applied in regard to the benefit amounts determined under this § 30-55 rather than with respect to the benefit amounts referenced in said § 30-15.

The requirements of § 30-16 shall apply, provided that these requirements pertain to the normal retirement and early retirement provisions of this § 30-55 and the distribution provisions set forth in this § 30-55.

The normal retirement benefit shall be an annual amount equal to 1% of the member's annual rate of base pay at the time of retirement, multiplied by the member's years of credited service, provided that the annual retirement allowance shall not exceed the amount determined after applying the limit set forth in § 30-55Q.

The early retirement benefit shall be an annual amount, equal to the normal retirement benefit, computed on the assumption that the member would retire on the earliest date on which he or she would otherwise be eligible for normal retirement, except that the member's service to the member's retirement date and the member's base pay at the time of retirement shall be used in determining such annual retirement benefit and except that the amount of such benefit payable at the earliest date on which the member would otherwise be eligible for normal retirement shall be reduced by 6% for each year by which the benefit commencement date of the early retirement benefit precedes such earliest normal retirement date.

The provisions of § 30-23A shall apply except that the pertinent retirement allowance to which an eligible member shall be entitled shall be the benefit described in § 30-55M. The provisions of § 30-23B shall apply except that the minimum allowance that is utilized shall be 1/4 of the member's annual rate of base pay at the time of disability, less any disability or old-age insurance benefits payable under the Social Security Act and less any amount payable under the Workers' Compensation Act, whether in weekly payments, a lump sum or otherwise.

The provisions of §§ 30-21 and 30-22 shall apply except that these provisions shall apply with respect to the applicable terms of this § 30-55, including terms regarding normal retirement, early retirement, and continuing employment.

The retirement allowance shall not exceed 35% of annual rate base pay at the time of retirement. Any member entitled to a maximum allowance shall be entitled to a refund of a portion of his or her contributions. This refund will be equal to the amount of his or her contributions made after the date when the accrued benefit reached the maximum, as determined by the Pension Board. Such a refund will be made to a member only upon submission of a request by the member to the Pension Board.

The provisions of §§ 30-24E, 30-24F, and 30-24G shall apply.

Section 30-25 shall apply with respect to normal retirement as defined in this § 30-55.

Each member shall be required to contribute the percentage of compensation that is agreed to in collective bargaining and accepted by the Town Council. The Town shall deduct such member's contributions from the member's compensation pursuant to § 30-27B, and the contributions of the members shall be paid directly by the Town to the Pension Board. Any contributions from members shall be pre-tax contributions for purposes of Internal Revenue Code Section 414(h)(2) that are picked up by the Town.

A member's share shall be returned in accordance with § 30-28 except that such section shall be applied in regard to the applicable terms of this § 30-55.

The provisions of §§ 30-30, 30-31, 30-32, 30-33, 30-34, 30-45, and 30-46 shall apply except that such sections shall be applied in connection with the terms of this § 30-55.

Sections 30-29, 30-41B, 30-44, 30-47, and 30-48 shall apply.

Section 30-50 shall be applied, provided that the exceptions to its application shall be determined pursuant to the rules of this § 30-55 that pertain to the return of member contributions and the termination of the plan.

Section 30-51 shall apply except that Subsection D shall apply only with respect to a member who is included in the Professional and Management Union, Local 2001, SEIU, or who is not covered by a collective bargaining agreement.