Any judge of probate, in office on or after October 1, 1997, whose probate district is merged with another district on or before January 5, 2011, and who has not been elected to a term which begins at the time of, or subsequent to, such merger, (1) may elect to receive four years of credited service, (2) may elect to receive a reduction of his retirement age for not more than four years or (3) may elect any combination of (1) and (2) provided such combination shall not exceed four years in total. A judge of probate may elect to receive credited service or a reduction of retirement age in accordance with this section at any time once the judge becomes eligible to retire and receive retirement benefits.
Under this provision, a married judge will receive an unreduced straight life annuity benefit amount payable for his lifetime with the provision that after the judge’s death, their surviving spouse will receive a lifetime benefit of fifty percent of the unreduced amount payable to the member. However, if an option other than the 50% Husband and Wife is chosen then the calculation of the benefit will include the regular actuarial reduction.
Below is a reference chart for a judge’s eligibility to retire under this plan provision.
Enhanced Retirement Benefit for Probate Judges Whose Districts Merge on or before January 5, 2011
| Action | Outcome | Does Chip Apply? |
|---|---|---|
| Judge runs for re-election (prior to 2011) | Wins | NO |
| Judge runs for re-election (prior to 2011) | Loses | YES, at any time, as long as Judge has been in office at least 6 years |
| Judge doesn’t run | No longer in position | YES, at any time, as long as Judge has been in office at least 6 years |
| Judge doesn’t run or loses election | Judge retires immediately and takes job as Clerk in any probate district | YES, but Judge can only work up to the annual 90 day limit under 45a-42 |
| Judge doesn’t run or loses election | Judge does not retire and takes job as Clerk in any probate district | NO |
| Judge doesn’t run or loses election | Judge takes Probate Magistrate position | YES, but Judge can only work up to the annual 90 day limit under 45a-42 |
| Judge runs for re-election after 2011 | Wins or Loses | NO |
| Judge doesn’t run or loses election and takes State position /employment | Judge retires from PJERS and becomes a member of the State Employees Retirement System in State position | YES |
| Judge of court consolidated under 09-114 elects to retire prior to January 5, 2011 | No longer in position and district merged on or before January 5, 2011 | YES |
| Judge doesn’t run or loses election and Judge’s credited service began at or after age 60, completes at least one term | No longer in position | YES, can retire at age 70 (absent reduction in retirement age) under 45a-36(b) |
| Judge of court consolidated under 09-114 reaches mandatory retirement age 70 and retires under mandatory retirement provision prior to January 5, 2011 | No longer in position | NO |