SB 965 — AN ACT CONCERNING ELIGIBILITY FOR A CERTAIN MUNICIPAL DISABILITY BENEFIT.

Senate General Assembly SubstituteFile Bill No.

965318 January Session, 2021 ANSubstitute ACTSenate CONCERNINGBill ELIGIBILITYNo. FOR A CERTAIN MUNICIPAL DISABILITY BENEFIT.

965 Senate, April 7, 2021 The Committee on Planning and Development reported through SEN.

CASSANO of the 4th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.

AN ACT CONCERNING ELIGIBILITY FOR A CERTAIN MUNICIPAL DISABILITY BENEFIT.

(a) Notwithstanding any provision of the general statutes or of any charter or special act, a municipality may, by two-thirds vote of its legislative body or, in a municipality where the legislative body is a town meeting, by two-thirds vote of the board of selectmen, provide for [compensation] payment by such municipality, in accordance with [subsection (b)] the provisions of this section, [by such municipality] of a disability benefit to a retired public safety employee [(1) with a permanent andseveredisability causedby aseriousbodily injurywhich (A) arose out of and in the course of his or her employment as a public safety employee, and (B) was suffered in the line of duty and within the scope of his or her employment as a public safety employee, (2) who retiredsSB965 from/ serviceFile as a public safety employee as a result of such disability, and (3)] who (1) while a public safety employee, became permanently disabled as a result of an injury received while in the performance of his or her duty as a public safety employee, (2) became and remains totally disabled for any suitable and comparable job as a public safety employee as a result of such disability and has accordingly LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00965-R01 of 3 SB.docx Substitute Bill No.

965318 retired1 fromsSB965 serviceFile asNo. a public safety employee, (3) is under the age of sixty-five, and (4) is determined to be eligible pursuant to subsection (b) of this section.

318 retired from service as a public safety employee as a result of such disability, and (3)] who (1) while a public safety employee, became permanently disabled as a result of an injury received while in the performance of his or her duty as a public safety employee, (2) became and remains totally disabled for any suitable and comparable job as a public safety employee as a result of such disability and has accordingly retired from service as a public safety employee, (3) is under the age of sixty-five, and (4) is determined to be eligible pursuant to subsection (b) of this section.

[(b)] (c) [The compensation paid to any public safety employee described in subsection (a) of this section shall be in an amount equal to] Upon a report under subdivision (3) of subsection (b) of this section that a retired public safety employee is eligible to receive the disability benefit described in this section, the treasurer of the applicable municipality shall calculate the amount of such disability benefit as the difference between (1) the total [payment] annualized amount of benefits received by such retired public safety employee under [the provisionssSB965 of/ chapterFile 568No. and any other benefits] state or federal law, and (2) the regular rate, as defined in section 31-76b, of pay of such retired public safety employee at the time of his or her retirement [.

Upon318 approval2 bysSB965 theFile legislative body or board of selectmen, as applicable, in accordance with subsection (a) of this section, such LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00962 of 3 R01-SB.docx } Substitute Bill No.

965318 compensation]provisions asof achapter result568 ofand permanentany other benefits] state or federal law, and total(2) disability,the providedregular suchrate, retiredas publicdefined safetyin employeesection shall31-76b, provideof thepay treasurerof withsuch anyretired financialpublic documentationsafety employee at the treasurertime deemsof necessaryhis toor makeher suchretirement calculation.[.

Upon approval by the legislative body or board of selectmen, as applicable, in accordance with subsection (a) of this section, such compensation] as a result of permanent and total disability, provided such retired public safety employee shall provide the treasurer with any financial documentation the treasurer deems necessary to make such calculation.

-LCO LCOsSB965 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00965-3/ ofFile 3No. R01-SB.docx }

318 3 sSB965 File No.

318 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

Agency Affected Fund-Effect FY 22 $ FY 23 $ Office of the State Comptroller GF - Potential See Below See Below Cost Note:

GF=General Fund Municipal Impact:

Municipalities Effect FY 22 $ FY 23 $ Various Municipalities See Below See Below See Below Explanation The bill changes the payment formula for optional municipal disability payments for certain public safety employees and requiresthe Medical Examining Board to determine eligibility for such payments.

The bill results in a potential cost to the Office of the State Comptroller (OSC).

While the new population is unknown, it is anticipated that the bill will increase the caseload of the medical examining board and may result in a cost to OSC to hire additional staff or increase the number of hours paid to physicians currently on the board .

1 Currently, the medical examining board within OSC adjudicates approximately 250-300 applications for disability benefits annually.

The bill requires that any individual applying for an optional municipal disability payment may use the current infrastructure that employees currently use to apply for disability retirement.

1OSC indicates that physicians on the board are paid at a rate of $100 per hour.

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318 It is not expected that the changes to the payment formula will materially impact the amount in optional disability payments paid by municipalities to disabled employees.

There is currently a process in place for such public safety employees to apply to their respective municipalities for disability payments.

The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject the number of applications for municipal disability payments, and the change in disability payouts.

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318 OLR Bill Analysis sSB 965 AN ACT CONCERNING ELIGIBILITY FOR A CERTAIN MUNICIPAL DISABILITY BENEFIT.

SUMMARY This bill modifies eligibility requirements, the disability payment calculation, and payment procedures for an optional municipal disability benefit for certain public safety officers.

By law, municipalities may vote to provide payments to eligible public safety officers who are under age 65 and retire with permanent disabilities due to injuries they incurred in the course of their employment (see BACKGROUND).

These municipal disability payments are in addition to any benefits the employees receive, such as workers’ compensation benefits, and are paid until the employee reaches age 65.

The bill additionally requires that an eligible employee:

1.

be totally disabled for any suitable comparable public safety job, and as a result retired from service as a public safety employee;