Title 45a, Title 45a: Probate Courts and Procedure

Sec. 45a-36. (Formerly Sec. 45-29c). Retirement qualifications. (a) Judges of probate courts in office on or after December 31, 1966, and employees of such courts, who have completed at least ten years of credited service shall be eligible to retire and thereupon to receive norma…

Sec. 45a-36a. Retirement credit for judge in office on or after October 1, 1997, whose probate district is merged on or before January 5, 2011, and who is not reelected. Any judge of probate in office on or after October 1, 1997, whose probate district is merged with another dist…

Sec. 45a-37. (Formerly Sec. 45-29d). Retirement date. (a) Any employee of a court of probate shall be retired on the first day of any month after he has become eligible for retirement, on the recommendation of the judge of the probate court by which he is employed. (b) Any employ…

Sec. 45a-38. (Formerly Sec. 45-29e). Retirement of employee after ten years of service. (a) If any employee of a court of probate is separated on or after January 1, 1972, from the service of the court by which he is employed, and after completing at least ten years of credited s…

Sec. 45a-39. (Formerly Sec. 45-29f). Retirement of judge after ten years of service. If any judge of probate is separated after January 1, 1972, from the service of his court after having completed ten years of credited service as judge of probate, he may elect to take a retireme…

Sec. 45a-40. (Formerly Sec. 45-29g). Disability retirement. (a) Any employee or judge of probate who has completed at least ten years of credited service shall be eligible for retirement and for a retirement allowance if he becomes permanently and totally disabled from engaging i…

Sec. 45a-41. (Formerly Sec. 45-29h). Retirement allowance. Annual adjustments in retirement allowances. (a) After retirement in accordance with the provisions of sections 45a-34 to 45a-53, inclusive, each member of the retirement fund who is not entitled to benefits under the Old…

Sec. 45a-42. (Formerly Sec. 45-29i). Reemployment after retirement. An employee who is retired under sections 45a-34 to 45a-53, inclusive, and who again accepts appointment as an employee of a court of probate to render services for more than ninety working days in any year, shal…

Sec. 45a-43. (Formerly Sec. 45-29j). Husband and wife retirement income option. (a) Except as provided in subsection (d) of this section and subdivision (5) of this subsection, each married member shall, subject to regulations issued by the Retirement Commission, make an election…

Sec. 45a-44. (Formerly Sec. 45-29k). Retirement contributions of employees. (a) Each employee shall contribute to the fund three and three-quarters per cent of that portion of the employee's pay from which contributions are not to be deducted under the Federal Old Age and Survivo…

Sec. 45a-45. (Formerly Sec. 45-29l). Retirement contributions of judges. (a) Each judge of probate shall contribute to the fund three and three-quarters per cent of that portion of the judge's annual compensation, including any compensation received as an administrative judge for…

Sec. 45a-46. (Formerly Sec. 45-29m). Refund of contributions after death. (a) A member's contributions to the fund, without interest and less any retirement allowance paid to him or his spouse, shall be paid from the fund on the order of the Retirement Commission to the beneficia…

Sec. 45a-47. (Formerly Sec. 45-29n). Employment by more than one probate court. (a) Any employee of a court of probate who accepts employment with another court of probate shall be credited for retirement purposes with the entire period of his service with all courts of probate a…

Sec. 45a-48. (Formerly Sec. 45-29o). Benefits not assignable. Any assignment by a member or beneficiary of any allowance or benefit payable under the terms of sections 45a-34 to 45a-52, inclusive, shall be null and void. Each such allowance and benefit shall be for the support of…

Sec. 45a-49. (Formerly Sec. 45-29p). Disposition of retirement contributions. All contributions received pursuant to sections 45a-34 to 45a-52, inclusive, shall be paid over by the Retirement Commission to the State Treasurer. The State Treasurer shall be the custodian of the fun…

Sec. 45a-50. (Formerly Sec. 45-29q). Administration of retirement allowances. (a) The administration of the system of retirement allowances herein established, except as the administration relates to the custody and investment of the fund, shall be entrusted to the Retirement Com…

Sec. 45a-51. (Formerly Sec. 45-29r). Liability of courts. (a) Each court of probate shall be liable to the fund for the cost of maintaining for its employees the retirement system herein provided for, including all contributions collected from amounts otherwise payable to employe…

Sec. 45a-52. (Formerly Sec. 45-29s). Liability of retirement fund in event of statutory change. If any of sections 45a-34 to 45a-52, inclusive, are amended or repealed, the liability of the retirement fund to a member or person claiming through that member shall be limited to the…

Sec. 45a-53. (Formerly Sec. 45-29t). Service as judge and employee. If a person has served as a judge of probate, or acting judge of probate, or both, and also as an employee, and has completed at least ten years of credited service as defined in subsection (2) of section 45a-34,…

Sec. 45a-54. (Formerly Sec. 45-29w). Credit for military service and General Assembly service. (a) Any judge or employee who is not yet receiving a retirement allowance may apply to the Retirement Commission for credit for service as a member of the General Assembly and for milit…

Sec. 45a-55. (Formerly Sec. 45-29x). Pension claims. Denial. Review. (a) Any claim for a pension which may become available in accordance with the provisions of sections 45a-1 to 45a-12, inclusive, 45a-18 to 45a-26, inclusive, 45a-34 to 45a-56, inclusive, 45a-62 to 45a-68, inclus…

Sec. 45a-56. (Formerly Sec. 45-29y). Hospitalization and medical and surgical insurance and dental insurance plan. Eligibility. Payment of premium. Election to participate in dental insurance plan. (a) Notwithstanding the provisions of section 5-259, the Comptroller, with the app…

Sec. 45a-57. Hospitalization and medical and surgical insurance plan. Eligibility. Payment of premium. Section 45a-57 is repealed, effective January 1, 1997. (P.A. 93-232, S. 1; P.A. 96-110, S. 3, 4.)

Secs. 45a-58 to 45a-61. Reserved for future use. PART IV COUNCIL ON PROBATE JUDICIAL CONDUCT

Sec. 45a-62. (Formerly Sec. 45-11d). Council on Probate Judicial Conduct. (a) There shall be a Council on Probate Judicial Conduct to consist of one probate judge elected by the Connecticut Probate Assembly established under section 45a-90, one referee appointed by the Chief Just…

Sec. 45a-63. (Formerly Sec. 45-11e). Duties and powers of council re complaints against probate judges, probate magistrates, attorney probate referees and judicial candidates. (a) The Council on Probate Judicial Conduct shall investigate every written complaint brought before it …

Sec. 45a-63a. Time limitation re complaint for misconduct. No complaint for misconduct shall be brought under section 45a-63 but within eight years from the date the alleged misconduct was committed. (P.A. 90-35, S. 4; P.A. 15-217, S. 11.) History: P.A. 15-217 substituted “miscon…

Sec. 45a-64. (Formerly Sec. 45-11f). Hearing. If a preliminary investigation indicates that probable cause exists that a respondent has committed misconduct under subsection (a), (b) or (c) of section 45a-63, the council shall hold a hearing concerning the misconduct or complaint…

Sec. 45a-65. (Formerly Sec. 45-11g). Council's report of its investigation and recommendation re discipline or exoneration of respondent. (a) The council shall, after the hearing provided under section 45a-64, prepare a report of its investigation and a recommendation as to wheth…

Sec. 45a-66. (Formerly Sec. 45-11h). Witnesses before council. Any person may be compelled, by subpoena signed by competent authority, to appear before the council to testify regarding any complaint brought to or by the council under section 45a-63, and also to produce before the…

Sec. 45a-67. (Formerly Sec. 45-11i). Expenses of council paid from probate fund. Any sums expended to implement the provisions of sections 45a-62 to 45a-66, inclusive, shall be appropriated from the Probate Court Administration Fund established in accordance with section 45a-82. …

Sec. 45a-68. (Formerly Sec. 45-11j). Probate judge to file statement of financial interests. (a) Each probate judge shall file under penalty of false statement, a statement of financial interests for the preceding calendar year with the Council on Probate Judicial Conduct establi…

Secs. 45a-69 to 45a-73. Reserved for future use. PART V PROBATE COURT ADMINISTRATOR

Secs. 45a-6a to 45a-6k. Probate district of Eastford established. Probate district of Stafford established. Probate district of Mansfield established. Probate district of New Hartford established. Probate district of Woodbury established. Probate district of New Fairfield establi…

Sec. 45a-7. (Formerly Sec. 45-3). Where court held. A court of probate may be held in any town in the district or in any other location within the state if necessary to facilitate attendance by a party. (1949 Rev., S. 6812; P.A. 10-34, S. 2.) History: Sec. 45-3 transferred to Sec…

Sec. 45a-74. (Formerly Sec. 45-3a). Probate Court Administrator. Appointment and term. Service as a judge of probate. (a) There shall be a Probate Court Administrator who shall be appointed from among the judges of the several courts of probate by the Chief Justice of the Supreme…

Sec. 45a-75. (Formerly Sec. 45-29u). Probate Court Administrator, salary and benefits. (a) The Probate Court Administrator shall be paid by the Judicial Department and shall be compensated in the same manner and amount as a Superior Court judge as provided in section 51-47. For t…

Sec. 45a-76. (Formerly Sec. 45-4e). Biennial report by Probate Court Administrator. The Probate Court Administrator shall file with the Chief Court Administrator, on or before the first day of April of each even-numbered year, a report of the business of the Office of the Probate…

Sec. 45a-77. (Formerly Sec. 45-4d). Powers and duties of Probate Court Administrator. Regulations. Review of Probate Court procedures. Examination of Probate Court records and files. Training in diseases and disorders affecting judgment. Adoption of standards of practice for cour…

Sec. 45a-78. (Formerly Sec. 45-4f). Rules of procedure for the Probate Courts. Adoption, publication and sale. (a) The Probate Court Administrator shall, from time to time, recommend to the judges of the Supreme Court, for adoption and promulgation, uniform rules of procedure in …

Sec. 45a-79. (Formerly Sec. 45-4g). Probate judges and court employees to cooperate with administrator. The judges and employees of the various courts of probate, and the officers and employees of the Probate Assembly, shall cooperate with the Probate Court Administrator and shal…

Sec. 45a-79a. Probate Court Administrator's powers re deficiencies in court conduct or facilities. Hearings. Regulations. Appeals. (a) If the Probate Court Administrator determines that the business of a court of probate has not been conducted in accordance with law or the regula…

Sec. 45a-79b. Special assignment probate judges. (a) There shall be special assignment probate judges appointed by the Chief Justice of the Supreme Court, on nomination by the Probate Court Administrator, from among the judges of probate elected as provided in section 45a-18. A n…

Sec. 45a-79c. Court of probate business hours. (a) A court of probate shall be open to the public for the conduct of court business not less than forty hours each week, Monday through Friday, excluding holidays, on a regular schedule between the hours of eight o'clock a.m. and fi…

Sec. 45a-7a. Probate Court to remit fees, expenses and income to State Treasurer to be credited to Probate Court Administration Fund. Exceptions. Escrow. (a) Except as provided in subsections (b) and (c) of this section, each Probate Court shall remit all fees, expenses and other…

Sec. 45a-8. (Formerly Sec. 45-12). Probate Court facilities. Allocation of expenses to towns. Minimum standards. Failure to provide suitable facilities. Consolidation, separation and creation of probate districts. (a) The town or towns comprising each probate district shall provi…