General Assembly Raised Bill No. 5471
February Session, 2020 LCO No. 2700
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING THE REVISOR'S TECHNICAL CORRECTIONS
TO THE GENERAL STATUTES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
1 Section 1. Subsection (a) of section 5-259 of the 2020 supplement to
2 the general statutes is repealed and the following is substituted in lieu
3 thereof (Effective October 1, 2020):
4 (a) The Comptroller, with the approval of the Attorney General and
5 of the Insurance Commissioner, shall arrange and procure a group
6 hospitalization and medical and surgical insurance plan or plans for (1)
7 state employees, (2) members of the General Assembly who elect
8 coverage under such plan or plans, (3) participants in an alternate
9 retirement program who meet the service requirements of section 5-162
10 or subsection (a) of section 5-166, (4) anyone receiving benefits under
11 section 5-144 or from any state-sponsored retirement system, except the
12 teachers' retirement system and the municipal employees retirement
13 system, (5) judges of probate and Probate Court employees, (6) the
14 surviving spouse, and any dependent children of a state police officer, a
15 member of an organized local police department, a firefighter or a
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16 constable who performs criminal law enforcement duties who dies
17 before, on or after June 26, 2003, as the result of injuries received while
18 acting within the scope of such officer's or firefighter's or constable's
19 employment and not as the result of illness or natural causes, and whose
20 surviving spouse and dependent children are not otherwise eligible for
21 a group hospitalization and medical and surgical insurance plan.
22 Coverage for a dependent child pursuant to this subdivision shall
23 terminate no earlier than the end of the calendar year during whichever
24 of the following occurs first, the date on which the child: Becomes
25 covered under a group health plan through the dependent's own
26 employment; or attains the age of twenty-six, (7) employees of the
27 Capital Region Development Authority established by section 32-601,
28 and (8) the surviving spouse and dependent children of any employee
29 of a municipality who dies on or after October 1, 2000, as the result of
30 injuries received while acting within the scope of such employee's
31 employment and not as the result of illness or natural causes, and whose
32 surviving spouse and dependent children are not otherwise eligible for
33 a group hospitalization and medical and surgical insurance plan. For
34 purposes of this subdivision, "employee" means any regular employee
35 or elective officer receiving pay from a municipality, "municipality"
36 means any town, city, borough, school district, taxing district, fire
37 district, district department of health, probate district, housing
38 authority, regional [work force] workforce development board
39 established under section 31-3k, as amended by this act, flood
40 commission or authority established by special act or regional council
41 of governments. For purposes of subdivision (6) of this subsection,
42 "firefighter" means any person who is regularly employed and paid by
43 any municipality for the purpose of performing firefighting duties for a
44 municipality on average of not less than thirty-five hours per week. The
45 minimum benefits to be provided by such plan or plans shall be
46 substantially equal in value to the benefits that each such employee or
47 member of the General Assembly could secure in such plan or plans on
48 an individual basis on the preceding first day of July. The state shall pay
49 for each such employee and each member of the General Assembly
50 covered by such plan or plans the portion of the premium charged for
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51 such member's or employee's individual coverage and seventy per cent
52 of the additional cost of the form of coverage and such amount shall be
53 credited to the total premiums owed by such employee or member of
54 the General Assembly for the form of such member's or employee's
55 coverage under such plan or plans. On and after January 1, 1989, the
56 state shall pay for anyone receiving benefits from any such state-
57 sponsored retirement system one hundred per cent of the portion of the
58 premium charged for such member's or employee's individual coverage
59 and one hundred per cent of any additional cost for the form of
60 coverage. The balance of any premiums payable by an individual
61 employee or by a member of the General Assembly for the form of
62 coverage shall be deducted from the payroll by the State Comptroller.
63 The total premiums payable shall be remitted by the Comptroller to the
64 insurance company or companies or nonprofit organization or
65 organizations providing the coverage. The amount of the state's
66 contribution per employee for a health maintenance organization option
67 shall be equal, in terms of dollars and cents, to the largest amount of the
68 contribution per employee paid for any other option that is available to
69 all eligible state employees included in the health benefits plan, but shall
70 not be required to exceed the amount of the health maintenance
71 organization premium.
72 Sec. 2. Subsection (i) of section 5-259 of the 2020 supplement to the
73 general statutes is repealed and the following is substituted in lieu
74 thereof (Effective October 1, 2020):
75 (i) The Comptroller may provide for coverage of employees of
76 municipalities, nonprofit corporations, community action agencies and
77 small employers and individuals eligible for a health coverage tax
78 credit, retired members or members of an association for personal care
79 assistants under the plan or plans procured under subsection (a) of this
80 section, provided: (1) Participation by each municipality, nonprofit
81 corporation, community action agency, small employer, eligible
82 individual, retired member or association for personal care assistants
83 shall be on a voluntary basis; (2) where an employee organization
84 represents employees of a municipality, nonprofit corporation,
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85 community action agency or small employer, participation in a plan or
86 plans to be procured under subsection (a) of this section shall be by
87 mutual agreement of the municipality, nonprofit corporation,
88 community action agency or small employer and the employee
89 organization only and neither party may submit the issue of
90 participation to binding arbitration except by mutual agreement if such
91 binding arbitration is available; (3) no group of employees shall be
92 refused entry into the plan by reason of past or future health care costs
93 or claim experience; (4) rates paid by the state for its employees under
94 subsection (a) of this section are not adversely affected by this
95 subsection; (5) administrative costs to the plan or plans provided under
96 this subsection shall not be paid by the state; (6) participation in the plan
97 or plans in an amount determined by the state shall be for the duration
98 of the period of the plan or plans, or for such other period as mutually
99 agreed by the municipality, nonprofit corporation, community action
100 agency, small employer, retired member or association for personal care
101 assistants and the Comptroller; and (7) nothing in this section or section
102 12-202a, 38a-551 or 38a-556 shall be construed as requiring a
103 participating insurer or health care center to issue individual policies to
104 individuals eligible for a health coverage tax credit. The coverage
105 provided under this section may be referred to as the "Municipal
106 Employee Health Insurance Plan". The Comptroller may arrange and
107 procure for the employees and eligible individuals under this subsection
108 health benefit plans that vary from the plan or plans procured under
109 subsection (a) of this section. Notwithstanding any provision of part V
110 of chapter 700c, the coverage provided under this subsection may be
111 offered on either a fully underwritten or risk-pooled basis at the
112 discretion of the Comptroller. For the purposes of this subsection, (A)
113 "municipality" means any town, city, borough, school district, taxing
114 district, fire district, district department of health, probate district,
115 housing authority, regional [work force] workforce development board
116 established under section 31-3k, as amended by this act, regional
117 emergency telecommunications center, tourism district established
118 under section 32-302, flood commission or authority established by
119 special act, regional council of governments, transit district formed
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120 under chapter 103a, or the Children's Center established by number 571
121 of the public acts of 1969; (B) "nonprofit corporation" means (i) a
122 nonprofit corporation organized under 26 USC 501 that has a contract
123 with the state or receives a portion of its funding from a municipality,
124 the state or the federal government, or (ii) an organization that is tax
125 exempt pursuant to 26 USC 501(c)(5); (C) "community action agency"
126 means a community action agency, as defined in section 17b-885; (D)
127 "small employer" means a small employer, as defined in section 38a-564;
128 (E) "eligible individuals" or "individuals eligible for a health coverage
129 tax credit" means individuals who are eligible for the credit for health
130 insurance costs under Section 35 of the Internal Revenue Code of 1986,
131 or any subsequent corresponding internal revenue code of the United
132 States, as from time to time amended, in accordance with the Pension
133 Benefit Guaranty Corporation; (F) "association for personal care
134 assistants" means an organization composed of personal care attendants
135 who are employed by recipients of service (i) under the home-care
136 program for the elderly under section 17b-342, (ii) under the personal
137 care assistance program under section 17b-605a, (iii) in an independent
138 living center pursuant to sections 17b-613 to 17b-615, inclusive, or (iv)
139 under the program for individuals with acquired brain injury as
140 described in section 17b-260a; and (G) "retired members" means
141 individuals eligible for a retirement benefit from the Connecticut
142 municipal employees' retirement system.
143 Sec. 3. Subdivision (1) of section 7-425 of the general statutes is
144 repealed and the following is substituted in lieu thereof (Effective October
145 1, 2020):
146 (1) "Municipality" means any town, city, borough, school district,
147 regional school district, taxing district, fire district, district department
148 of health, probate district, housing authority, regional [work force]
149 workforce development board established under section 31-3k, as
150 amended by this act, regional emergency telecommunications center,
151 tourism district established under section 10-397, flood commission or
152 authority established by special act or regional council of governments;
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153 Sec. 4. Subsection (a) of section 7-427 of the general statutes is
154 repealed and the following is substituted in lieu thereof (Effective October
155 1, 2020):
156 (a) Any municipality except a housing authority, which is governed
157 by subsection (b) of this section or a regional [work force] workforce
158 development board established under section 31-3k, as amended by this
159 act, which is governed by section 7-427a, as amended by this act, may,
160 by resolution passed by its legislative body and subject to such
161 referendum as may be hereinafter provided, accept this part as to any
162 department or departments of such municipality as may be designated
163 therein, including elective officers if so specified, free public libraries
164 which receive part or all of their income from municipal appropriation,
165 and the redevelopment agency of such municipality whether or not
166 such municipality is a member of the system, as defined in section 7-452,
167 but such acceptance shall not repeal, amend or replace, or affect the
168 continuance of, any pension system established in such municipality by
169 or under the authority of any special act and all such special acts shall
170 remain in full force and effect until repealed or amended by the General
171 Assembly or as provided by chapter 99. The acceptance of this part as to
172 any department or departments of a municipality shall not affect the
173 right of such municipality to accept it in the future as to any other
174 department or departments. In any municipality other than a district
175 department of health, housing authority, flood commission or authority,
176 regional council of governments or supervision district board of
177 education, such resolution shall not take effect until it has been
178 approved by a majority of the electors of the municipality voting
179 thereon at the next regular election or meeting or at a special election or
180 meeting called for the purpose. The effective date of participation shall
181 be at least ninety days subsequent to the receipt by the Retirement
182 Commission of the certified copy of such resolution. The Retirement
183 Commission shall furnish to any municipality contemplating
184 acceptance of this part, at the expense of such municipality, an estimate
185 of the probable cost to such municipality of such acceptance as to any
186 department or departments thereof.
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187 Sec. 5. Section 7-427a of the general statutes is repealed and the
188 following is substituted in lieu thereof (Effective October 1, 2020):
189 If the majority of the members of a regional [work force] workforce
190 development board vote to participate in this part, employees of a
191 regional [work force] workforce development board who are eligible
192 under section 7-425, as amended by this act, and who are not members
193 of the Municipal Employees' Retirement Fund B shall become members
194 thereof on July 1, 1998. Membership in any other retirement system shall
195 terminate on said date. The members of a regional [work force]
196 workforce development board shall arrange for termination of such
197 systems, which arrangements shall include provision that the rights of
198 members who retired prior to July 1, 1998, under such system shall not
199 be affected and provision that any refunds of employee contributions
200 made to such other retirement system shall be transferred to the
201 Municipal Employees' Retirement Fund B and the appropriate amount
202 credited to the account of each transferring employee's benefit. Each
203 employee of the regional [work force] workforce development board
204 shall pay his pro rata share of the actual cost of such transfer at no
205 additional cost to the municipality or board.
206 Sec. 6. Section 7-427b of the general statutes is repealed and the
207 following is substituted in lieu thereof (Effective October 1, 2020):
208 (a) Any employee of a regional [work force] workforce development
209 board which has voted to participate in this part who previously was an
210 employee of a private industry council shall receive credit for the
211 purposes of retirement under the provisions of this part for the period
212 of his service with the private industry council upon payment to the
213 Municipal Employees' Retirement Fund of a sum equal to that which he
214 would have paid had such service been covered by the provisions of this
215 part, provided such sum is paid within one year of the date of such
216 board's first participation in this part.
217 (b) Any employee of a regional [work force] workforce development
218 board which has voted to participate in this part shall receive credit for
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219 the purposes of retirement under the provisions of this part for the
220 period of his service with such board when such board was not
221 participating under the provisions of this part upon payment to the
222 Municipal Employees' Retirement Fund of a sum equal to that which he
223 would have paid had such service been covered by the provisions of this
224 part, provided such sum is paid within one year of the date of such
225 board's first participation in this part.
226 Sec. 7. Section 10a-55f of the general statutes is repealed and the
227 following is substituted in lieu thereof (Effective October 1, 2020):
228 Public institutions of higher education, in consultation with the
229 regional [work force] workforce development boards, shall support any
230 efforts to develop career ladders and lattices in the green technology
231 industry, particularly for those workers who ga