CORRECTIONS

[NP-4] BARGAINING UNIT

CONTRACT
BETWEEN
STATE OF CONNECTICUT





AND
COUNCIL 4 of the
AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES





EFFECTIVE: JULY 1, 2004 EXPIRING: JUNE 30, 2008
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TABLE OF CONTENTS
Preamble.....................................................................1
Article 1
Recognition ................................................................1
Article 2
Entire Agreement .......................................................2
Article 3
Non-Discrimination And Affirmative Action............3
Article 4
No Strikes-No Lockouts.............................................4
Article 5
Management Rights ...................................................5
Article 6
Union Security And Payroll Deductions....................5
Article 7
Union Rights ..............................................................8
Article 8
Training....................................................................12
Article 9
Working Test Period ................................................13
Article 10
Seniority...................................................................14
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Article 11
Order Of Layoff And Reemployment ......................18
Article 12
Grievance Procedure ................................................20
Article 13
Dismissal, Suspension, Demotion Or Other
Discipline .................................................................27
Article 14
Hours Of Work And Work Schedules .....................30
Article 15
Overtime...................................................................32
Article 16
Temporary Service In A Higher Class.....................38
Article 17
Compensation...........................................................39
Article 18
Class Reevaluation (Upgrading) ..............................43
Article 19
Method Of Salary Payment......................................45
Article 20
Group Health Insurance ...........................................46
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Article 21
Holidays ...................................................................46
Article 22
Pregnancy, Maternal, Parental And Family Leave ..49
Article 23
Labor Management Committees..............................51
Article 24
Safety .......................................................................54
Article 25......................................................................
Vacations..................................................................55
Article 26......................................................................
Retirement, Insurances And Leaves.........................56
Article 27
Employee Uniform, Personal Appearance And
Identification ............................................................58
Article 28
Military Leave..........................................................65
Article 29
Stress Management ..................................................66
Article 30
Personnel Files .........................................................67
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Article 31
Temporary And Durational Employees ...................68
Article 32
Civil Leave And Jury Duty ......................................70
Article 33
Tuition Reimbursement............................................71
Article 34
Service Ratings ........................................................73
Article 35
Board Of Parole .......................................................75
Article 36
General Provisions ...................................................80
Article 37
Employee Drug Testing/Screening ..........................82
Article 38
Duration ...................................................................84
Appendix A
Np-4 Performance Appraisal....................................85
Development Plan....................................................86
Appendix B
Longevity Semi-Annual Payment ............................89
Collective Bargaining Unit Np-4 .............................89
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Appendix C
Excerpts From Scope & State Agreement ...............90
Corrections Unit Oje Point Ranges..........................98
Appendix D
Memoranda Of Understanding
A.D. 2.11 Exceptions ...............................................99
Appendix E
Uniform Specification And Allotment...................107
Appendix F
Supercedence Appendix.........................................114
Appendix G............................................................115
Np-4 Classification Plan ........................................115
State Of Connecticut Bargaining Committee.........119
Afscme Council 4 Bargaining Committee .............120
Np-4 Pay Plans.........Error! Bookmark not defined.

1
PREAMBLE
STATE OF CONNECTICUT, acting by and through the Commissioner
of Administrative Services, hereinafter called the State or the
Employer, and Council 4, American Federation of State, County and
Municipal Employees, (Local Nos. 387, 39l and l565), AFL-CIO,
hereinafter called AFSCME or the Union, hereby agrees as follows
(the inclusions of Locals herein does not alter the Recognition or any
other Article of this Agreement):

WITNESSETH:
ARTICLE 1
RECOGNITION
Section 1. Covered Employees. The State recognizes the Union for the
purposes of collective bargaining as the exclusive representative of all
employees in the unit certified by the Connecticut State Board of Labor
Relations, in Case No. SE-4728, Decision No. l703, issued January 5,
l979, including, temporary and durational employees, excluding all
others, provided that this Agreement shall not apply to non-permanent
employees who are appointed on a emergency, provisional, summer or
intermittent basis. Employees hired as Federal Grant Participants,
working in a trainee class or serving a working test period shall be
considered as covered employees.
Section 2. New Job Specifications. The Union shall be notified in
writing of any proposed change or new job specification for bargaining
unit classifications prior to implementation. Upon written request of the
2
Union, the State agrees to negotiate over the impact of the effect of any
change to the extent required by law; however, such negotiations shall
not prevent the State from implementation.
ARTICLE 2
ENTIRE AGREEMENT
Section 1. Entire Agreement. This Agreement, upon ratification,
(when applicable), and upon legislative approval, supersedes and
cancels all prior practices and agreements, whether written or oral,
unless expressly stated to the contrary herein, and constitutes the
complete and entire agreement between the parties and concludes
collective bargaining for its term.
Section 2. Opportunity to Present Demands. The parties
acknowledge that during the negotiations which resulted in this
Agreement, each had the unlimited right and opportunity to make
demands and proposals with respect to any subject or matter not
removed by law from the area of collective bargaining, and that the
understandings and agreements arrived at by the parties after the
exercise of that right and opportunity are set forth in this Agreement.
Therefore, the State and the Union, for the duration of this Agreement,
each voluntarily and unqualifiedly waives the right, and each agrees
that the other shall not be obligated, to bargaining collectively with
respect to any subject or matter referred to or covered in this
Agreement, even though such subjects or matters may not have been
within the knowledge or contemplation of either or both of the parties
at the time they negotiated or signed this Agreement.
3
ARTICLE 3
NON-DISCRIMINATION AND AFFIRMATIVE
ACTION
Section 1. Non-discrimination. The parties herein agree that neither
shall discriminate against any employee on the basis of race, color,
creed, sex, age, national origin, marital status or lawful political
activity.
Section 2. Union Participation. Neither party shall discriminate
against an employee on the basis of membership or non-membership or
lawful activity in behalf of the exclusive bargaining agent. The
Employer agrees not to interfere with the rights of employees to
become members of the Union, and there shall be no discrimination,
interference, restraint, or coercion by the Employer or any Employer
representative against any employee because of any employee activity
in an official capacity on behalf of the Union.
Section 3. Affirmative Action. The parties acknowledge the need for
positive and aggressive affirmative action to redress the effects of past
discrimination, if any, whether intentional or unintentional, to eliminate
present discrimination, if any, to prevent further discrimination, and to
ensure equal opportunity in the application of this Agreement. The
Labor Management Committee (but not the grievance procedure) shall
be the proper forum for problems, ripe or anticipated, which impact
upon philosophy and/or directives of this Section.
4
Section 4. Americans with Disabilities Act. Notwithstanding any
provision of this agreement to the contrary, the Employer will have the
right and duty to take all actions necessary to comply with the
provisions of the Americans with Disabilities Act, 42 U.S.C. 2101, et
seq. (ADA). Upon request the Employer will meet and discuss specific
Concerns identified by the Union; however, this shall not delay any
actions taken to comply with the ADA.
Section 5. Harassment or Disparate Treatment. The Employer shall
take reasonable measures to prevent harassment or disparate treatment
at the work place.
ARTICLE 4
NO STRIKES-NO LOCKOUTS
Section 1. No Strike. Neither the Union nor any employee shall engage
in, induce, support, encourage, or condone a strike, sympathy strike,
work stoppage, slowdown, concerted withholding of services, sick-out,
or any interference with the mission on any State agency. This Article
shall be deemed to prohibit the determined concerted boycott or
determined concerted refusal of overtime work.
Section 2. Union to Exert Best Effort. The Union shall exert its best
efforts to prevent or terminate any violation of Section 1 of this article.
Section 3. No Lockout. The Employer agrees that during the life of
this Agreement there shall be no lock-out.
5
ARTICLE 5
MANAGEMENT RIGHTS
Section 1. Management Rights. Except as otherwise limited by an
express provision of this Agreement, the State reserves and retains,
whether exercised or not, all the lawful and customary rights, powers
and prerogatives of public management. Such rights include but are not
limited to establishing standards of productivity and performance of its
employees; determining the mission of an agency and the methods and
means necessary to fulfill that mission, including the contracting out of
or the discontinuation of services, positions, or programs in whole or in
part; the determination of the content of job classification; the
appointment, promotion, assignment, direction and transfer of
personnel; the suspension, demotion, discharge or any other appropriate
action against its employees; the relief from duty of its employees
because of lack of work or other legitimate reasons; the establishment
of reasonable work rules; and the taking of all necessary actions to
carry out its mission in emergencies. Except as otherwise limited by a
specific provision of this Agreement, inherent management rights are
not subject to the grievance procedure.
ARTICLE 6
UNION SECURITY AND PAYROLL DEDUCTIONS
Section 1. Dues Election. Union dues and initiation fees, if any, shall
be deducted by the State Employer biweekly from the paycheck of each
employee who signs and remits to the State Employer an authorization
form. Such deduction shall be discontinued upon written request of an
employee thirty (30) days in advance.
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Section 2. Agency Service Fee. An employee covered by this
Agreement who is not a member of the Union is required, as a
condition of employment, to pay to the Union an amount equal to the
regular dues, fees and assessments that a member is charged.
A. Service Fee Election. The State shall deduct the agency service
fee biweekly from the paycheck of each employee who is
required under Section 5-280 of the Connecticut General
Statutes to pay such a fee as a condition of employment,
provided, however, no such payment shall be required of an
employee whose membership is terminated for reasons other
than non-payment of Union dues.
B. Service Fee; Effective Date. The deduction of the agency
service fee shall be effective with the first payroll check
received as an employee covered by this contract and the
amount of agency service fee shall be determined by the Union
and shall not exceed the amount of the Union dues. An
employee who objects to payment of such fee based on the
tenets of a bona-fide religious sect shall have his/her agency
service fee forwarded by the Union to a nationally recognized
charity, designated by mutual agreement of the Union and State,
provided that the employee submits such objection in writing to
the Union.
C. Remittance. The amount of dues or agency service fees
deducted under this Article shall be remitted to the appropriate
Local Union Treasurer after the payroll period in which such
dues and fees are deducted, together with a list of names of
employees from whose salaries such deductions were made.
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D. Correction of Errors. Should the Union believe that the Union
dues/fees of an employee have not been deducted correctly the
Union shall notify the employing agency with the specific
nature of the problem. Upon agency verification of the problem
the agency shall arrange for corrective action with the Union
and the employee. (For example, an employee whose dues have
been under-deducted by $1.00 for six (6) pay periods shall have
$1.00 extra deducted, in addition to the correct dues deduction,
for a period of six (6) pay periods).
E. Indemnification. The Union agrees to indemnify the State
Employer for its damages or cost incurred in defense of actions
taken under this Section by the State.
Section 3. Political Action Fund. In accordance with those procedures
promulgated by the Office of the State Comptroller the State shall
allow for the deduction of contributions for the Union's political action
fund.
Section 4. Quarterly Reports. The State shall furnish AFSCME
Council 4, on a quarterly basis reports containing the following
information sorted by facility:
a) New hires into Bargaining Unit, their classification, Social
Security number, and address.
b) Re-employed workers into the Bargaining Unit, their
classification, social security number, address, and date of hire.
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c) Employees separated from the Bargaining Unit and date of
separation.
d) General changes for Bargaining Unit employees.
ARTICLE 7
UNION RIGHTS
Section 1. Access to Information. The Employer agrees to provide the
Union, upon request and adequate notice, access to materials and
information necessary for the Union to fulfill its statutory responsibility
to administer this Agreement. The Union will not be charged for
infrequent and/or reasonable copying expenses, however, the Union
shall reimburse the State for the expense and time spent photocopying
such information and otherwise as permitted under the State Freedom
of Information Law. The Union shall not have access to privileged or
confidential information.
Section 2. Bulletin Board. The State will furnish a minimum of one
bulletin board at each institution which the Union may utilize for their
announcements and Union material. Two such boards will be provided
in the larger facilities. The Union shall be provided a key for access to
the bulletin board at institutions where such boards are presently
locked. The State reserves the right to have the Union remove material
that is of a partisan, political nature or is inflammatory, or derogatory to
the State Employer or any of its officers or employees. After the
material in question is removed, the Union shall have the right to grieve
and to arbitrate.
9
Section 3. Posting of Vacancies. Agency bargaining unit vacancies,
including promotions, shall be posted at least ten (10) calendar days
prior to the closing date of the position.
Section 4. Access to Premises. AFSCME representatives (International
or District Council staff or steward assigned) shall be permitted to enter
the facilities of the Department of Corrections at any reasonable time
for the purpose of discussing, processing or investigating grievances, or
fulfilling its role as collective bargaining agent, provided that they give
telephone notice of their intended visit and upon arrival they give
notice of their presence immediately to the office.
Section 5. Use of Employer Facilities. The Department will continue
to permit use of certain facilities for Union meetings, subject to the
operating needs of the Department.
Section 6. Mailings and Handouts. The Employer will permit the
Union to leave handouts in specified areas and to allow the Union to
use mail boxes where available. Employees will be allowed to carry
Union mail between institutions as long as this does not interfere with
the performance of duties. Employees may receive Union business
faxes, at designated locations from AFSCME and Locals.
Section 7. Union Business Leave. A maximum of five hundred (500)
person-days per year shall be granted without loss or pay of benefits for
the purpose of attending to union business related functions. In the year
of the International AFL-CIO convention, an additional eighty (80)
person-days shall be granted for attendance at that convention. Each
contract year, delegates to the Connecticut State AFL-CIO Convention
shall be granted leave without loss of pay or benefits for the days on
10
which the Convention is scheduled. Seventy (70) person days shall be
granted for this provision. It is understood, however, that in emergency
situations such leave may be withheld or revoked. Employees may or
may not change work schedules for weeks in which conventions occur.
Requests for leave time shall be made in writing as soon as possible
and no later than two (2) weeks in advance to the Office of Labor
Relations except in cases where two (2) weeks is not possible.
Section 8. Union Leave. Not more than one (1) employee elected or
appointed to a full-time office or position with the Union will be
eligible for an unpaid leave of absence not to exceed one (1) year may
be granted subject to the approval of the Director of Personnel and
Labor Relations. Upon return from such leave, the State Employer shall
offer said employee a position relatively equal to the former position in
pay, benefits, and duties at the rates in force at time of return from such
leave.
Section 9. Number of Stewards. The Union shall furnish the
Employer with a list of all employee representatives and Union staff
members authorized to so represent the Union within sixty (60)
calendar days from the date of execution of this Agreement. Such list
shall be updated quarterly.
Section 10. Role of Stewards, Executive Board Members in
Processing Grievances. The stewards or Union Executive Board
members will obtain permission from their immediate supervisors
when they desire to leave their work assignments to properly and
expeditiously carry out their duties in connection with the
employee/management agreement. When contacting an employee, the
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stewards or Union Executive board members will first report to and
obtain permission to see the employee from his/her supervisor, and
such permission will be granted unless the work situation or an
emergency demands otherwise. If the immediate supervisor is
unavailable, permission will be requested from the next level of
supervision. Requests by stewards or Union Executive Board members
to meet with employees and/or employees to meet with stewards or
Union Executive Board members will state the name of the employee
involved, his/her location, indicating briefly what union business is to
be discussed, and the approximate time that will be needed. Stewards or
Union Executive Board members thus engaged will report back to their
supervisors on completion of such duties and return to their job and
will suffer no loss of pay or other benefits as a result thereof.
Section 11. Limitation on Entry for Representation. Permission to
enter the premises or to conduct representational business during
working hours may be denied or revoked in profound circumstances.
Section 12. AFSCME Representatives. International representatives
and Union staff representatives may be present at Labor Management
meetings and at grievance hearings at the level of Step II and above.
Section 13. Recognition of Stewards. Employer representatives shall
deal exclusively with Union designated stewards or representatives in
the processing of grievances or any other aspect of contract
administration.
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ARTICLE 8
TRAINING
Section 1. Relevant Training. The Employer recognizes the need to
provide relevant training for each new employee and on-the-job
training.
Section 2. Training Committees. In furtherance of the objectives in
Section 1 of this article, in addition to local training committees, a
Training Committee shall be appointed, composed of six (6) bargaining
unit members and management representatives. This committee will
meet quarterly and its objective is to review the training needs of the
department and to recommend to the Commissioner of Correction
training programs in light of the ACA accreditation standards. The
determination to implement these programs, including their length and
duration and selection of trainees, or not to implement the training
programs rests with the Commissioner of Correction. Further, where
practicable, experienced Corrections Officers who possess the relevant
skills and experience shall be utilized as trainers.
Section 3. Orientation Training. New employees may be required to
attend orientation training on a live-in basis. During such training they
will be required to attend sessions on the schedule established, for
which they shall receive the normal bi-weekly salary appropriate to
their job classification. Their duty station shall be considered the
training site for the duration of the program.
Section 4. Scheduling Training. Training will be scheduled during
normal working hours when, in management's judgment, it is practical
to do so. Training required by the State in addition to regular duty time
13
shall be considered time worked for overtime purposes, except as
provided otherwise under Section 3 of this article.
Section 5. Funding for Training. The dollar amount equivalent of a
one (l.0%) percent increase based on general base wages effective July
l, l983 shall be set aside for training purposes. This fixed amount of
dollars shall be allocated each year thereafter unless changed through
the collective bargaining process.
Section 6. Union Access to Training Classes. The Employer shall
provide the Union with one (l) hour per training class to address same
on matters concerning the Union. The one (1) hour shall take place at
the start of the shift on the fourth (4th) Wednesday of each class. The
Union shall also be allowed access up to one (1) hour prior to the start
of the shift to prepare for the meeting.
ARTICLE 9
WORKING TEST PERIOD
Section 1. Working Test Period Defined. The six (6) month Working
Test Period shall be deemed an extension of the examination process.
Therefore, a determination of unsatisfactory performance during the
Working Test Period shall be tantamount to a failure of the competitive
exam. A working test period may, with the approval of the
Commissioner of Administrative Services, be extended on an
individual basis for a definite period not to exceed three (3) months.
Section 2. Evaluations During Working Test Period. Evaluations of
performance during the Working Test Period shall not be subject to any
appeals procedures, including grievance provisions of this Agreement.
14
Section 3. Ten Week Training Program. Not withstanding the
provision of Sections 1 and 2 of this article individuals hired as
Correction Officer Trainees shall, in addition to the initial working test
period referenced therein, be required to successfully complete a ten
(l0) week orientation training program, including four (4) weeks
assigned to a facility. Trainees will not be assigned to a designated post
or position without having a permanent officer also assigned to such
post or position. Permanent status shall not accrue until successful
completion of the ten (l0) week program and the six (6) month initial
working test period.
Section 4. Worker's Compensation Absence During Working Test
Period Bargaining unit employees who while in a working test period
incur a worker's compensation injury which results in an absence from
work shall not have this time credited towards meeting the
requirements of a working test period. The Department will inform an
employee in this situation of when his/her working test period will
expire.
ARTICLE 10
SENIORITY
Section 1. Seniority for Length of Vacation and Longevity. For the
purpose of computing longevity and length of vacation leave, seniority
shall be defined as length of continuous state service, with the inclusion
of Section 5-255 and 256, including military service.
A. Total Service, Longevity. Effective July 1, 1997, the calculation
of service for purposes of longevity benefits shall be based upon
total State service, including paid leave and war service.
15
B. Continuous Service, Vacation Accrual. Effective July 1, 1997,
the calculation of service for purposes of vacation accrual
eligibility shall be based on length of continuous State service
including paid leave, war service, up to six (6) months of unpaid
leave and/or to one (1) year of any period of continuous layoff
provided the employee is reemployed within three (3) years.
C. No Effect on Pension. The definition of seniority in this Article
shall not affect pension rules.
Section 2. Seniority for Vacation Scheduling and Transfer.
Seniority shall be defined as length of total service in each class from
date of permanent appointment to such class, subject to the provisions
of Section 3, Seniority and Working Test Period, of this article, and
shall apply as follows:
A. Vacation Scheduling. In the event of conflicting schedules
of vacation leave as determined by the operating needs of the
facility or institution, class seniority shall be the determining
factor. Ties shall be broken utilizing the employee's
employee number with the lowest number having preference.
B. Involuntary Transfer. Inverse class seniority shall be the
basis for selecting employees for non-disciplinary,
involuntary transfer from one institution or facility to another.
C. (1) Transfer List. As the correctional institutions, centers
and units develop vacancies, the senior institution, center
or unit employee in the same classification whose name
appears on the transfer list for institutions, centers or units
will be transferred, with the exception of transfers into the
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Central Office, Center for Training and Staff Development
and the K-9 Unit. Employees assigned to the Central
Office, Center for Training and Staff Development or K-9
Unit may transfer out of the unit in accordance with this
Article. An employee on workers' compensation leave will
be eligible to transfer under this provision. An employee
requesting transfer under this Section must put his/her
name on the departmental transfer list in accordance with
the departmental procedures in order to be considered.
Such list will be updated quarterly.
(2) Eligibility; Six Months as Permanent Status. An
employee must have worked six (6) months as a permanent
employee to be eligible to have his/her name placed on the
transfer list.
(3) Eligibility; Rejection within Six Months. Employees
are not eligible for transfer under this Article if they have
been granted, rejected or constructively rejected a prior
transfer request within the previous six (6) month period.
(4) Removal of Name. Employees may remove their
names from the transfer list at any time prior to being
notified of an opening at the facility of their choice. The
employee must notify the employer within 24 hours upon
receipt of an offer of transfer of his/her intention to accept
or reject such offer. Failure to comply with this provision
shall be considered a constructive rejection of the offer of
transfer.
17
(5) New Facilities. When new facilities are established and
opened, up to fifty (50%) percent of all bargaining unit
positions will be filled by seniority transfer when there are
sufficient numbers of employees on the transfer list. No
more than fifteen (15%) percent of the total positions in a
single facility shall be transferred to a new facility upon
opening. The opening of new facilities shall be announced
within ninety (90) days of the projected opening in order
that interested persons can place their names on the
transfer list.
Section 3. Seniority and Working Test Period. Seniority shall not be
computed until after completion of the working test period. Seniority
shall be retroactive to the date of hire. This Section shall be interpreted
to include time spent in training as a Correction Officer Trainee (Cadet)
as retroactive seniority applicable as a Correction Officer after
completion of the working test period.
Section 4. Seniority and Trainee Class. State service while working
in a trainee class shall not accrue until permanent appointment after
successful completion of the training, whereupon it shall be
retroactively applied to include such service.
Section 5. Broken Seniority. Seniority shall be deemed broken by:
a) termination of employment caused by resignation, dismissal for
just cause, or retirement;
b) failure to report for five (5) working days without authorization.
18
Section 6. Seniority Lists. Seniority lists shall be maintained on a six
(6) month basis with copies to local Union presidents.
Section 7. Break in Service. Employees who resign and are reinstated
in the same classification within one (l) year from date of resignation
shall have credit for seniority up to the break in service restored. At the
appointing authority's discretion, credit for seniority up to the break in
service may be restored to an employee who otherwise returns to
service within three (3) years of a service break.
Section 8. Superseniority. Union stewards and Union Executive Board
members, while serving in these capacities, shall have top class
seniority for purposes of layoffs.
Section 9. Shift Assignment for Continuous Operations. Class
seniority will be applied as the determining factor in shift assignment
for continuous operations when all other factors are equal. Management
retains the right to determine when all other factors are equal. The
Union may grieve a pattern of denials of shift assignment by seniority.
Section 10. Shift Transfer Lists. Each facility shall maintain a shift
transfer list which will be updated on a quarterly basis. An employee
on Workers Compensation shall be eligible for shift transfer under this
provision.
ARTICLE 11
ORDER OF LAYOFF AND REEMPLOYMENT
Section 1. Layoff by Seniority. In the event of a reduction of the work
force, employees shall be laid off by seniority with the least senior
employee being laid off first. Layoff shall be by class and sub-title. In
19
any class affected by a layoff, non-permanent employees in the affected
class who are excluded from the bargaining unit in Article l,
Recognition, shall be laid off prior to any bargaining unit employee.
When the Employer decides to reduce the work force in a facility,
Section 2, Bumping, of this article shall be invoked. When a layoff
becomes necessary, the agency will identify the specific position to be
eliminated and notify the incumbent in writing with as much notice as
possible, but not less than four (4) weeks. A copy of the written notice
shall be sent concurrently to the Union.
Section 2. Bumping. An employee in a class affected by layoff may, at
his/her option, bump the least senior employee in his/her facility in a
job in which he/she formerly held permanent status or the least senior
employee in the same classification in the employee's agency, provided
he/she has more seniority than the least senior employee affected.
A. Option to Bump Throughout Agency. The least senior
employee in the classification in the facility affected by the
reduction in work force shall be laid off and given the option to
replace the least senior employee in the same classification in the
employee's agency.
B. Recall List. An employee, failing to exercise this option, shall be
laid off and his/her name placed on the recall list for vacancies as
they occur for a period of three (3) years.
C. Waiver of Bumping Rights. An employee affected by layoff
shall fill an existing vacancy, if any. If an employee declines to
fill a vacancy, he/she shall have waived any bumping rights.
Should multiple vacancies exist, the employee shall have the
option to select the facility in line with his/her seniority.
20
Section 3. Pay Rate for Bumping Employee. The bumping employee
would be paid for services in the lower classification at the closest rate
of pay in the lower salary range to the rate held by the employee at the
time of reassignment, but not higher.
Section 4. Reemployment. Employees on layoff shall be recalled in
the reverse order of the procedure as stated above for layoffs.
ARTICLE 12
GRIEVANCE PROCEDURE
Section 1. Definition of Grievance. A grievance is defined as, and
limited to, a written complaint involving an alleged violation or a
dispute involving the application or interpretation of a specific
provision of this Agreement.
A. Amendments. Any grievance may be amended up to and
including Step III of the grievance procedure.
Section 2. Grievance Form. Grievances shall be filed on mutually
agreed forms which specify:
a) the facts,
b) the issue,
c) the date of the violation alleged,
d) the specific controlling contract provision,
e) the remedy or relief sought.
Section 3. Grievant. A Union representative, with or without the
aggrieved employee, may submit a grievance and the Union may, in
appropriate cases, submit an institutional or general grievance in its
21
own behalf. When individual employee(s) or, in case of a class
grievance, a group of employees elect(s) to submit a grievance without
Union representation, the Union's representative or steward shall be
notified of the pending grievance and shall be provided a copy thereof
and shall have the right to be present at any discussion of the grievance,
except that if the employee does not wish to have the steward and/or
Executive Board member present, the steward and/or Executive Board
member shall not attend the meeting, but shall be provided with a copy
of the written response to the grievance. The steward and/or Executive
Board member shall be entitled to receive upon request from the
Employer all documents furnished to the grievant pertinent to the
disposition of the grievance and to file statements of position. Any
adjustment of a grievance filed by an employee(s) without
representation shall not be inconsistent with the terms of this
Agreement.
Section 4. Informal Resolutions. The grievance procedure outlined
hereunder is designed to resolve grievances promptly at the lowest
level. Informal discussions between the employee and the Union and
agency managers are encouraged prior to using the grievance procedure
detailed in Section 6 of this article.
Section 5. Time Limits. A grievance shall be deemed waived unless
submitted at Step l (disciplinary grievance at Step 3) within fifteen (l5)
calendar days from the date of the cause of the grievance, or within
fifteen (l5) days from the date the grievant became aware of the cause
of the grievance. As used in this Article cause of a grievance and
effect or impact of a grievance are not similar. A grievance shall be
deemed waived unless subsequently processed within the time limits
provided in this Agreement.
22
Section 6. Grievance Procedure: Steps
Step I. First Supervisor. A grievance may be submitted within the
fifteen (l5) day period specified in Section 5, Time Limits, to the
employee's first supervisor in the chain of command who is outside the
bargaining unit. The institution head, warden, or designee shall meet
with the steward or Union Executive Board member and/or the grievant
and issue a written response within seven (7) days after such meeting.
The meeting shall take place and the written response issued not later
than ten (l0) days from the date of receipt.
Step II. Commissioner or Designee. When the answer at Step I does
not resolve the grievance, it shall be submitted to the Commissioner of
Corrections or his/her designee within five (5) days of the due date of
the previous response. Within fourteen (l4) days after receipt of the
grievance, a meeting will be held with the employee and/or a union
representative and a written response issued within five (5) days
thereafter. The grievant may be represented by the persons already
designated at Step I and the local union president or his/her designee,
but in no event more than two (2) representatives.
Step III. Director of Labor Relations or Designee. An unresolved
grievance maybe appealed to the Director of Labor Relations within
seven (7) days of the date that the Step II response is due. Said Director
or his/her designated representative shall hold a conference within
forty-five (45) days of receipt of the grievance and issue a response
within ten (l0) days of the conference. The local union president or
his/her designee, staff representative and steward may be present at the
Step III level.
23
Section 7. Day Defined. For the purpose of the time limits
hereunder, days shall mean calendar days unless otherwise specified.
The Union and the State, by mutual agreement, in any instance may
extend time limits or waive any or all of the steps herein before cited.
Section 8. Failure to Answer Grievance. In the event that the State
Employer fails to answer a grievance within the time specified, the
grievance may be processed to the next higher level and the same time
limits therefore shall apply as if the State Employer's answer had been
timely filed on the last day.
Section 9. Arbitration. Within forty (40) days from receipt of a Step
III response, or if no response, within forty (40) days of the due date,
grievances, during the life of this Agreement, shall be submitted for
arbitration as follows:
A. Dismissals.
1) Submission. Submission shall be to the Connecticut Board of
Mediation and Arbitration by letter, postage pre-paid, addressed
to the Board; a copy of such letter will also be mailed
concurrently to the Office of Labor Relations by certified mail;
2) Cost Allocation. Effective July 1, 1994, and for each year of
this Contract, the State shall allocate $5,000.00 to cover the cost
of arbitration at a rate of $250.00 per case. Unexpended funds in
any contract year shall carry over into the next contract year.
Should the yearly allocation and the carry over funds combined
be insufficient to pay for cases in any contract year, the parties
agree to share equally in the per case cost;
24
3) Arbitrators. Arbitrators assigned to hear cases under this
provision shall be mutually agreeable to the parties;
4) Cases Submitted Under Previous Agreement. For cases
already submitted to the Board under previous contract
provisions, those involving suspensions of fifteen (15) days or
more shall remain with the Board. All other cases shall be
processed under B. below. In the assignment of cases, discharge
cases will be assigned first, all other cases will be assigned in
the order of the date of filing, first filed, first assigned. Cases
shall be assigned on a rotating basis to the arbitrators. For
Dismissal cases resulting from progressive discipline, the
underlying lesser disciplines shall also be heard by the same
arbitrator.
B. Other Discipline and Contract Interpretation
1) Submission. Submission shall be by certified letter, postage
prepaid to the Office of Labor Relations.
2) Selection of Panel. The parties shall establish a panel of five
(5) arbitrators selected by mutual agreement.
3) Costs. The parties shall share equally in the expenses of the
arbitrator.
4) Assignment of Cases. Cases shall be assigned on a rotating
basis (alphabetically) to the arbitrator panel based on the date
of filing, first filed, first assigned.
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5) Removal of Arbitrator. Either party, upon written notice to
the other, between March 1st and March 10th of each
contract year may remove an arbitrator(s). By April 1st the
parties will have a reconstituted mutually agreed upon panel
of five (5) arbitrators for the succeeding contract year.
C. Arbitrability. A party raising an issue of arbitrability shall do so by
notifying the other party at least seven (7) working days in advance of
the scheduled hearing. Such notice requirement shall be waived in
instances of new evidence discovered during the arbitration hearing.
D. Expedited Cases. Up to ten (10) cases per contract year by the
Union and up to five (5) cases per year by the State may receive
expedited arbitrator assignment as exclusions to the first filed, first
assigned rule expressed herein.
E. Pending Cases. The parties agree, immediately upon legislative
approval of this Agreement, if not beforehand, to meet and discuss the
backlog of pending arbitration cases with the goal of resolving, thereby
reducing, the numbers of same.
F. Multiple Case Assignments. The parties by mutual agreement may
assign multiple cases to an individual arbitrator for expedited
arbitration.
G. Postponements. In any individual arbitration case, each party will
be allowed one postponement. Thereafter, postponements shall only be
by mutual consent of the parties.
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H. Arbitrator's Authority. The arbitrator shall have no power to add
to, subtract from, alter, or modify this Agreement, nor to grant to either
party matters which were not obtained in the bargaining process, nor to
impose any remedy or right of relief for any period of time prior to the
effective date of the Agreement, nor to grant pay retroactively for more
than thirty (30) calendar days prior to the date a grievance was
submitted at Step I.
I. Decision Final and Binding. The arbitrator's decision shall be final
and binding on the parties in accordance with Connecticut General
Statutes Section 52-4l8, provided, however, neither the submission of
questions of arbitrability to any arbitrator in the first instance nor any
voluntary submission shall be deemed to diminish the scope of judicial
review over arbitral awards, including awards on arbitrability.
Section 10. Grievance Subjects. Notwithstanding any contrary
provision of this Agreement, the following matters shall not be subject
to the grievance or arbitration procedure:
a) dismissal of employees during the working test period;
b) reduction in force decision, except for order of layoff;
c) classification and pay grade for newly created jobs, provided,
however, this clause shall neither enlarge nor diminish the
Union's right to negotiate on pay grades;
d) compliance with health and safety standards and COSHA;
e) appeal of rejection from admission to an examination;
27
f) any grievance processed in accordance with the procedures in
effect at the time the grievance arose;
Section 11. Job Classification Disputes. Disputes over an employee's
job classification (reclassification grievances) shall be subject to the
grievance procedure but shall not be arbitrable. The final step shall be
appeal to a three (3) person panel consisting of personnel officers from
each of two (2) State agencies, each of which has more than one
hundred (l00) employees, and one (l) designee of the Union who is
experienced in the area of job classification.
Section 12. Witnesses. The State will continue its practice of paid
leave time for necessary witnesses of either party.
Section 13. Hearings. All Arbitrations and related conferences or
meetings shall be closed to the public, unless the parties jointly agree to
the contrary.
ARTICLE 13
DISMISSAL, SUSPENSION, DEMOTION OR
OTHER DISCIPLINE
Section 1. Disciplinary Actions. Disciplinary action includes oral
reprimand, written reprimand, suspension (with written notice except in
emergency), demotion, discharge, transfer between facilities.
Section 2. Oral and Written Reprimands. An oral reprimand shall
not be deemed to have been issued unless the employee reprimanded
has been advised in writing that he/she has received an oral reprimand
and a notation to that effect from the party administering the reprimand
is made part of the employee's official personnel file. No written
28
reprimand shall be deemed to have been issued unless the written
communication is labeled a written reprimand and a copy of said
reprimand is made part of the employee's official personnel file. Any
action not complying with the above requirements shall not be deemed
a reprimand and shall not be considered as disciplinary action. The
record of an oral reprimand shall be removed from the employee's
personnel file on the anniversary date of the issuance. The record of a
written reprimand shall be removed from the employee's personnel file
on the second anniversary date of the issuance. It is understood that the
record of reprimand shall not be removed within the above time period
if the employee has received subsequent related discipline within the
above specified time period.
Section 3. Discipline. No employee who has completed the working
test period shall be disciplined or discharged except for just cause. In
determining just cause, the regulations of the Blue Book governing
disciplinary action as defined above are hereby incorporated by
reference.
Section 4. Expedited Procedure. Any grievance under Section 1,
Disciplinary Action, of this article will be submitted at Step III. By
mutual agreement, a grievance under Section 1 of this article may be
expedited directly to arbitration.
Section 5. Exclusive Forum. The grievance procedure shall be the
exclusive forum for resolving disputes over disciplinary action and
shall supersede all pre-existing forums. It is understood that the
arbitrator's remedial powers include reinstatement with full back pay
and restoration of all other rights.
29
Section 6. Privacy. If an employer has reason to criticize an employee,
it shall be done in a manner that will not embarrass the employee
before others.
Section 7. Leave for Investigations. An appointing authority may,
pending an investigation of alleged action that constitutes grounds for
dismissal (including disposition of a criminal charge against the
employee), place the employee on an administrative leave of absence in
accordance with Regulation 5-240-5a. The appointing authority may
reassign the employee to an alternative assignment during the
investigation, where practicable. The provisions of this Section shall
not preclude an employee from electing to be placed on an unpaid leave
of absence and drawing accrued time, except sick leave.
Section 8. Union Representation. An employee who is to be
interrogated concerning an incident or action which may subject
him/her to disciplinary action shall be allowed to have a Union steward
or other representative at the interrogation. This provision shall be
applicable to interrogation before, during, or after the filing of a charge
against an employee or notification to the employee of disciplinary
action. Should an employee waive his/her right to have a Union
steward present during an interrogation the employee must make such
waiver in writing.
Section 9. Investigation and Interrogation. Whenever practicable, the
investigation, interrogation or discipline of employees shall be
scheduled in a manner intended to conform with the employee's work
schedule, with an intent to avoid overtime. When any employee is
called to appear at any time beyond his/her normal work time, and
30
actually testifies, he/she shall be deemed to be actually working. This
provision shall not apply to Union stewards or Executive Board
members.
Section 10. Grounds for Dismissal, Demotion, Suspension,
Reprimand. The grounds presently spelled out in Section 5-240 for
dismissal, demotion, suspension and reprimand, including the
consequences of unsatisfactory service rating(s), are hereby
incorporated by reference. False claims of illness shall be grounds for
serious discipline, which may include dismissal.
Section 11. Unsatisfactory Service Ratings. Unsatisfactory service
rating(s), except during a working test period shall be grievable.
ARTICLE 14
HOURS OF WORK AND WORK SCHEDULES
Section 1. Work Week. The regularly established work week for
employees in this unit shall be thirty-six and one-quarter (36 1/4) hours
per week. All employees shall be scheduled to work a regular shift as
determined by the appointing authority; such work shift shall have
specific starting and quitting times, except that employees assigned to
field services shall have no specific starting and quitting times.
Section 2. Continuous Operations. Employees in continuous
operations as defined below will have a regularly scheduled work week
which provides for an average of thirty-six and one-quarter (36 1/4)
hours per week over a sixteen (16) week cycle, which provides for
31
seventy (70) days of eight (8) hours and fifteen (15) minutes, which
includes roll call. It is understood that every other weekend off will
remain in those schedules at CRCI, Osborne, Enfield, and Cheshire
where they now have it.
Continuous Operations
Food Service Supervisor I, II, III (except the York CI production
kitchen and facility leads)
Correction Officer
Correction Officer Aide-where need exists
Correctional Medical Attendant
to maintain around-the-clock coverage
Correctional Treatment Officer, where appropriate
Correctional Stationary Engineer
Federal grant Participants, where appropriate
Correctional Services Aides, where appropriate
It is recognized that a number of positions have been in existence many
years as exceptions to the continuous operations described above.
These five (5) day posts will continue to be recognized, as will any
such positions that may be subsequently identified by the appointing
authority. The parties agree that the Department of Correction may
establish up to a maximum of five hundred (500) total 5-day on, 2-day
off positions. Such positions will have regularly scheduled days off of
Saturday and Sunday. The Department of Correction may schedule
employees in these positions to work an occasional single weekend
day.
32
Section 3. Changes in Schedules. Insofar as possible, changes in work
schedules will be made with a minimum of two (2) weeks notice to the
employee affected by a work schedule change, except when changes
are necessary due to emergency situations, in accordance with present
practice.
Section 4. Non-Continuous Operations. Employees in operations
which are not continuous operations as listed in this Article shall work
five (5) seven (7) hour and fifteen (15) minute days with two (2)
consecutive days off in each seven (7) day period. Employees who are
assigned to work in an institution are required to be available to
supervise inmates, if necessary, during their meal periods. Such time
shall be counted as work time.
Section 5. New Facilities. As new facilities are opened it is agreed that
employees in continuous operations shall be assigned to the five on
three off 36 1/4 hour work schedule.
ARTICLE 15
OVERTIME
Section 1. Rate of Pay. An employee who performs work authorized
by the Employer in addition to his/her regular work week, as defined in
the work schedule article, shall be compensated at straight time for all
such overtime hours up to forty (40), and at time and one-half for all
overtime hours over forty (40) in that work week. The provisions of
this Section shall not apply with respect to any employee employed in a
position or class which has been designated unscheduled. Such
employees shall continue to receive compensatory time off for hours
worked in excess of their normal work week.
33
Section 2. Voluntary Overtime Distribution. All employees wanting
to work voluntary overtime will sign a quarterly overtime list. Overtime
will be distributed in accordance with either section A. or B. below.
Each facility will be allowed to vote, upon request, once each contract
period on which method to use. The vote will take place within sixty
(60) days of legislative approval of this Agreement. If no vote is held,
the method in use at the beginning of the contract period will continue
at that facility.
A. Red Eight System. All overtime work, including overtime
holdovers caused by short notice of absence, shall be distributed
equally, to the extent practicable, to employees within the same
job class at each institution, regardless of shift who have
volunteered for such overtime. Equalization shall be accomplished
annually, subject to quarterly review of the overtime list by both
parties. For the purpose of equalization, overtime work refusal
shall be treated as overtime worked. Three (3) separate instances
of an unanswered phone on three (3) separate days shall count as
one (1) refusal, and six (6) refusals within a quarter shall remove
an employee from the overtime list for the balance of the quarter.
At the beginning of each quarter, employees seeking overtime
shall sign-up for the overtime list and those employees who do not
sign for the quarter but subsequently sign for future quarters or
employees removed for six (6) refusals shall be credited with the
highest overtime hours earned by employees in the previous
quarter. The overtime list will be available for inspection.
34
B. Sign-up Book System. The sign-up book will contain pages
representing each day of each month, separated into three sections
representing each shift worked by employees in continuous
operations. The book will be established 14 days prior to the
beginning of each month, with each page representing 24 hours.
For employees in classes that are not continuous operations, pages
will represent shifts available for those classes.
1) Book Location. The sign-up book will be located in an area
designated by the parties at each facility and will be
available for all employees in the same class to sign on a
daily basis, regardless of shift.
2) Quarterly List. Only employees who have signed the
quarterly overtime list will be allowed to place their names
in the sign-up book during that quarter.
3) Supervisor to Use Book. When a Supervisor needs to fill a
vacancy with overtime, he/she will refer to the sign-up book
and call the staff member with the least number of overtime
hours for that quarter who has signed the book for that day
and shift. When additional staff are needed to fill overtime
vacancies, it will be done in order from least to most
overtime hours among the employees who have signed the
list for that day and shift.
4) No Contact. Employees who have signed the book will be
given a no contact when the employees cannot be contacted
for a particular shift signed for. If the employee refuses
overtime when offered for a shift signed for, it will be
35
considered a refusal. Three (3) instances of no contact shall
equal a refusal and six (6) refusals in a quarter shall result in
the employee's removal from the quarterly overtime list.
5) Exhaustion of List. When the daily sign-up has been
exhausted the quarterly overtime list will be utilized,
beginning with the employee with the least number of
hours. Once the quarterly overtime list has been exhausted
the employer shall first seek volunteers prior to employees
being involuntarily held over.
6) Zero Hours at Each Quarter. At the beginning of each
quarter, all employees who opt to sign the book will begin
the quarter with zero (0) hours. A total number of hours per
employee will be kept for the fiscal year by the employer
and will be available for review by the Union each quarter.
7) Transferred Employees. Employees transferring into a
facility during a quarter will be permitted, upon request, to
have their names added to the quarterly overtime list and
will be credited with the highest number of hours attained
by any employee on the list. Probationary employees will be
placed on the list, if requested, upon completion of
probation under the same conditions as a transfer.
8) Equalization. It is understood by all parties that utilizing
the sign-up book system cannot ensure equalization among
all employees at the end of each fiscal year due to
employees being able to choose the days they want to work
overtime. However, it is also understood that the employer
36
will make every effort to equalize overtime among those
employees signing the book by offering the employees with
the least number of hours who have signed up for a shift the
overtime first.
9) Removal of Name. An employee may remove his/her name
from a daily sign-up sheet by giving at least twenty-four
(24) hours notice to a supervisor who must initial such
removal.
C. Overtime Out of Rotation. It is understood that overtime may be
assigned out of rotation for overtime holdovers caused by short notice
of absence or overtime otherwise required to be assigned out of
rotation, subject to the equalization required in Sections 2 A. and B. of
this Article.
Section 3. Call Time. Employees called back to duty after completion
of a regular shift shall receive a minimum of four (4) hours pay at the
applicable overtime rate. This provision shall not apply to employees
who are called in early prior to their regular starting time and work
through their regular shift. Employees who refuse overtime work prior
to their regular starting time shall not be charged with a refusal for the
purpose outlined in Section 2 of this article.
Section 4. Payment of Overtime. When practical, overtime checks
shall be paid not later than the second payroll period following the
overtime worked.
Section 5. Pyramiding. Overtime pay shall not be pyramided.
37
Section 6. Limitation on Length of Consecutive Shift Assignments.
No employee shall be required to work more than two (2) consecutive
shifts and no employee will be ordered to work two (2) consecutive
days of two (2) consecutive shifts, except in an emergency situation.
Section 7. Work Beyond End of Shift. Any employee who is not
released at the end of his/her assigned shift shall be paid at the
applicable rate in units of quarter hours for any part worked thereof.
Section 8. Designated Work. As used in this Article, the phrase
designated work unit may include but shall not be limited to complex,
district, facility or operation within a facility.
Section 9. Overtime Holdover. An employee is held over if he/she is
drafted and assumes a post on the shift subsequent to his/her own shift.
Late roll calls and late counts shall not be considered a holdover.
When a designated work unit requires overtime holdover (i.e., draft) it
shall be accomplished by inverse class seniority utilizing staff on duty
from the previous shift including those staff currently on a single
overtime shift on their day off. Such holdover shall also be in
compliance with other provisions herein.
Section 10. Overtime for Normal Operations. No overtime shall be
allowed at any designated work unit other than by employees assigned
to the designated work unit for the purpose of normal operations,
except in emergency situations.
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ARTICLE 16
TEMPORARY SERVICE IN A HIGHER CLASS
Section 1. Temporary Assignment to Higher Class. An employee
who is assigned to perform temporary service in a higher class shall,
commencing with the thirty-first consecutive work day, be paid for
such actual work retroactive to the first day of such work at the rate of
the higher class as if promoted thereto, provided such assignment is
approved by the Director of Personnel and Labor Relations.
Section 2. Basis for Temporary Assignment. Such assignments may
be made when there is a bona fide vacancy which management has
decided to fill, or when an employee is on extended absence due to
illness, leave of absence, or other reasons. Extended absence is one
which is expected to last more than thirty (30) working days.
Section 3. Notice of Assignment. An appointing authority making a
temporary assignment to a higher class shall issue the employee written
notification of the assignment and shall immediately forward the
appropriate form seeking approval of the assignment from the Director
of Personnel and Labor Relations in writing.
Section 4. Reassignment to Former Position. If on or after the thirty-
first consecutive working day of such service, the Director of Personnel
and Labor Relations has not approved the assignment, the employee
upon request shall be reassigned to his/her former position, subject to
the provisions of Section 5, Appeal Procedure, of this article.
39
Section 5. Appeal Procedure. In the event the Director of Personnel
and Labor Relations disapproves the requested assignment on the basis
of his/her judgment that the assignment does not constitute temporary
service in a higher class, the employee shall continue working as
assigned with recourse under the appeal procedure for reclassification
as provided in Article 12. The form certifying the assignment will
specify the rights and obligations of the parties under Sections 4 and 5.
Section 6. Temporary Assignments of Less Than Thirty Days.
Temporary assignments to a higher class for periods of thirty working
days or less shall not be utilized to defeat the basic contractual
obligation herein.
ARTICLE 17
COMPENSATION
Section 1. Salaries.
A. General Increases. Employees shall receive pay increases as
follows:
1) The salary schedule in effect during 2003-2004 shall remain
in effect during 2004-2005.
2) Effective June 24, 2005, the base annual salary of all
employees shall be increased by three percent (3.0%).
3) Effective June 23, 2006, the base annual salary of all
employees shall be increased by Three percent (3.0%).
4) Effective June 22, 2007, the base annual salary of all
employees shall be increased by three percent (3.0%).
40
B. Trainee Rate. The hiring rate for Correction Officer Trainees,
(Cadets) shall be ten (10%) percent below Step 1 of the salary
grade for Correction Officer. In the first full pay period following
completion of the tenth week of the initial probationary period
such Trainee's salary will be adjusted to Step 1 of the salary grade
for Correction Officer.
Section 2. Annual Increments.
1. Annual increments shall not be paid for 20042005.
2. Annual increments for 2005-2006 shall be delayed six months.
Employees at the top step of the pay scale shall receive a $500
lump sum payment.
3. Annual increments for 2006-2007 shall be delayed three
months. Employees at the top step of the pay scale shall receive
a $500 lump sum payment.
4. Annual increments for 2007-2008 shall be on time. Employees
at the top step of the pay scale shall receive a $500 lump sum
payment.
Section 3. Provisional Appointment. Upon promotional appointment
on a provisional basis, an employee shall receive a minimum increase
in salary of one (l) Annual Increment in the salary group to which
promoted, as if appointed from an employment list.
Section 4. Longevity. The longevity schedule based on the pay plan
effective on June 30, 1977 shall remain unchanged in dollar amounts
during the life of this Agreement, and is appended.
41
Section 5. Mileage Reimbursement. Mileage reimbursement shall be
at the rate established by the U.S. General Services Administration. The
State Employer shall readjust such rate within thirty (30) days of any
change by the U.S. General Services Administration.
Section 6. Night Shift Differential. All employees who are in this
bargaining unit and who are eligible to receive shift differential in
accordance with current practice and whose assigned work shift begins
any time after 2:00 P.M. and before 6:00 A.M. shall receive a night
shift differential of seventy-five (75) cents per hour.
A. Effective June 24, 2005 the night shift differential shall be
increased to eighty (80) cents per hour. Shift differential will only
be paid when an employee is actually working.
Section 7. Weekend Differential. For the purposes of this Section, a
weekend is defined as beginning with the start of the third shift on
Friday and terminating with the end of the second shift on Sunday
inclusive.
A. Minimum. The weekend differential shall be paid for working a
minimum of six (6) hours on a shift defined in Section 7 above.
B. Rate. The rate shall be fifty (50) cents an hour.
(1) Effective June 24, 2005, the weekend differential shall be increased
to fifty-five (55) cents an hour.
Differential Paid When Employee Is Working. The weekend
differential will only be paid when an employee is actually working.
42
Section 8. Overpayments. When the employer determines that an
employee has been overpaid, it shall notify the employee of this fact
and the reasons thereof. The employer shall arrange to recover such
overpayment from the employee over the same period of time in which
the employee was overpaid unless the employer and employee agree to
some other arrangements. In the event the employee contests whether
he/she was actually overpaid the employer shall not institute refund
procedures until completion of the grievance/arbitration appeal process.
Section 9. Facility Meal Reimbursement. Employees at all existing
correctional facilities shall continue to receive reimbursement as
detailed herein.
A. New Facilities. As new correctional facilities open during the
term of this agreement, the employees at such facilities shall also
receive meal reimbursement as is in effect at current facilities.
B. Rate. The meal reimbursement rate shall be $7.00 for each shift
actually worked. (1) Effective June 24, 2005, the meal
reimbursement rate shall be $8.00.
C. Eligibility. The minimum time for eligibility for such
reimbursement shall be equal to one-half () of the shift, except
unanticipated overtime after a regular scheduled shift the
employee shall be provided with a sandwich and a beverage,
prepared by a staff member.
D. Inmate Workers Excluded. All inmate workers will be removed
from the staff dining area during meal periods.
43
E. Secured Equipment Provided. Secured refrigeration equipment
will be provided in each facility. Vending machines will also be
installed in each facility. Prices charged for items in the vending
machines will be kept at cost.
F. Reimbursement For Employees Who Transport Inmates.
Employees who are transporting inmates or parolees outside of the
institution shall receive the same reimbursement as if they were
working inside the institution.
Section 10. Working Conditions Stipend. In consideration of the fact
that the Objective Job Evaluation study by Willis Associates did not
properly take into consideration the severe dangers associated with the
NP-4 bargaining unit jobs, all members covered by this Agreement
shall receive a stipend for working conditions of $800.00 yearly
payable in the first paycheck dated in December of each contract year.
ARTICLE 18
CLASS REEVALUATION (UPGRADING)
Section 1. Supersedence. The procedure set forth in this Article
supersedes the provisions of 5-200(p) relative to the right of employees
or their representatives to appeal for class reevaluation.
Section 2. Classification Appeal Procedure. On and after July l, l988,
the Union, and not any individual employee, shall have the right to
appeal in writing, on forms provided by the State, reevaluation of a
class. Within sixty (60) days after the filing of such appeal, the Director
of Personnel and Labor Relations or his/her designee(s) shall conduct a
44
hearing on the appeal and shall answer the appeal within thirty (30)
days after the hearing is held. If the appeal is denied, or if no answer is
given within ninety (90) days after the submission of the appeal, the
Union, and not any individual employee(s), may submit the appeal to
final and binding arbitration. Such submission must be made within
one hundred five (l05) days after the submission of the appeal, and in
all other respects must conform to the requirements in Article l2,
Grievance Procedure. The arbitrator must be competent in public
sector job evaluation, classification and compensation. The parties will
seek to agree on a closed panel of arbitrators for this purpose.
Section 3. Authority of Arbitrator. In any arbitration case arising
from such appeal, the arbitrator shall judge the appeals only with
respect to whether there was a change in job duties of the class
appealed so substantial that it should have the effect of changing its
compensation grade. In making such judgment, the arbitrator shall not
examine changes in job content which occurred prior to July l, l988 or
prior to the effective date of any successor agreement if an appeal is
filed after the date this contract expires. Neither pay comparability for
equal work in other jurisdictions nor internal consistency with other
State jobs shall be criteria for the arbitrator's decision hereunder.
Section 4. State May Institute Class Reevaluation. Nothing in this
Article shall be deemed to prevent the State from instituting a class
reevaluation on its own initiative.
45
ARTICLE 19
METHOD OF SALARY PAYMENT
Section 1. Workers Compensation. Upon presentation to the agency
of an injury claim form and the supporting medical data as the result of
a claimed on the job injury the employee shall receive up to four (4)
weeks pay, but in no event beyond the determination from the
Workers Compensation Division. An employee shall have the option
to use all accrued leave balances between the date of determination and
the actual receipt of benefits. If the employee is entitled to workers
compensation benefits, the employee shall receive his/her first payment
through the agency payroll office no later than four (4) weeks following
such determination. An adjustment will be made at that time to provide
for (a) reimbursement to the agency of up to four (4) weeks pay
received by the employee under this clause; (b) reimbursement of any
payment made for leave time under this clause; (c) restoration to the
employee's leave bank of any leave utilized under this clause.
Section 2. Life Insurance. The Employer will continue to pay its
current contributions for life insurance and hospital and medical
insurance for the period of time the employee is on a work-related
disability leave under Section 1, Workers Compensation, of this
Article.
Section 3. Advanced Vacation Pay. Upon written request to the
agency, no later than three (3) weeks prior to the commencement of a
scheduled vacation period, an employee shall receive such earned and
accrued pay for vacation time as he/she may request, such payment to
be made prior to the commencement of the employee vacation period.
Such advances shall be for the period of not less than one (l) pay week.
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Section 4. Current Salary Payment Method. In all other respects, the
method of salary payment on June 30, l982 shall continue in force.
Section 5. Permanent Part-Time Employees. Permanent part-time
employees will continue to receive wages and fringe benefits on a pro-
rata basis to the extent provided under existing rules and regulations.
ARTICLE 20
GROUP HEALTH INSURANCE
Section 1. Health Insurance Coverage. For the duration of this
Agreement, the State shall continue in force the health insurance
coverage in effect on June 30, 2001, unless modified by the Health
Care Cost Containment process or by mutual agreement of the parties
on that subject.
Section 2. Accidental Death and Dismemberment. Employees shall
be entitled to an Accidental Death and Dismemberment Policy in an
amount equal to the face value of an employee's life insurance policy.
ARTICLE 21
HOLIDAYS
Section 1. Holidays. For the purposes of this Article, holidays are as
follows:
New Year's Day Independence Day
Martin Luther King Day Labor Day
Lincoln's Birthday Columbus Day
Washington's Birthday Veterans' Day
Good Friday Thanksgiving Day
Memorial Day Christmas Day
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Section 2. Effect of Statute Governing Holidays. Unless superseded
in this Article, the provisions of Section 5-254 and the appurtenant
regulations shall continue in force.
Section 3. Overtime - Call in on a Holiday.
A. Work Not Required on Holidays. Each employee whose job
does not require him/her to work on a holiday shall ordinarily
receive the holiday off and shall receive his/her regular week's pay
for the week in which the holiday falls. When such employee is
called in to work on a holiday, in addition to his/her regular week's
pay, he/she shall receive overtime pay at the applicable rate and
shall be guaranteed a full day of work.
B. Work Required on Holidays. Each employee whose job requires
him/her to work on a holiday and who is called in to work on a
holiday falling on a regular scheduled day off shall receive
overtime pay at the applicable rate in addition to the compensatory
day off in lieu of such holiday.
Section 4. Work on Holidays Other than Thanksgiving, Christmas .
Effective upon legislative approval of this Agreement, each employee
whose job requires him/her to work on a holiday other than
Thanksgiving, Christmas, New Year's Day, Martin Luther King Day,
Lincoln's Birthday, or Washington's Birthday, and who works as
scheduled on a holiday which falls on his/her regular work day shall
receive a compensatory day off or a day's pay at straight time in
addition to his/her regular week's pay. At the beginning of each fiscal
year, an employee shall elect cash or time off for all such holidays.
48
Section 5. Work on Thanksgiving, Christmas, New Year's Day.
Effective upon legislative approval of this Agreement, each employee
whose job requires him/her to work on Thanksgiving, Christmas, or
New Year's Day, shall be paid at the rate of time and one-half his/her
regular hourly rate for all hours worked on the holiday in addition to
his/her regular pay for the day in lieu of compensatory time.
Section 6. Work on Martin Luther King Day, Lincoln's Birthday . .
Effective upon legislative approval of this Agreement, each employee
whose job requires him/her to work on Martin Luther King Day,
Lincoln's Birthday, or Washington's Birthday shall be paid at the rate of
time and one-half for all hours worked on the holiday in addition to
his/her regular pay for the day. The employee may take compensatory
time off in lieu of the holiday pay.
Section 7. Accrued Time. Any compensatory (T.O.) time accrued at
the time of any employee's separation from State service shall be paid
off to the employee at the applicable rate in effect at the time of such
service separation. Employees who are assigned to work schedules
which contain daily tours of eight (8) hours and fifteen (15) minutes
shall, upon separation or retirement from state service, have accrued
compensatory (T.O.) time pay computed based on a standard eight (8)
hour and fifteen (15) minute work day.
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Section 8. Holiday Dates of Observance.
A. Seven Day Coverage. Employees who are assigned to areas that
require seven (7) day coverage, for purposes of this Article shall
observe holidays as follows:
Christmas Day
New Year's Day
Independence Day
December 25th
January 1st
July 4th
All other holidays shall be observed on the dates designated by the
State.
B. Other Schedules. Holidays for all other employees shall be
observed on the dates designated by the State.
ARTICLE 22
PREGNANCY, MATERNAL, PARENTAL AND
FAMILY LEAVE
Section 1. Pregnancy, Maternity. Disabilities resulting from
pregnancy and maternity, defined as the hospital stay and any period of
time prior to and subsequent to delivery certified by the attending
physician as that period of time when an employee is unable to perform
the requirements of her job, may be charged to any earned accrued paid
leaves. Upon expiration of paid leave, the employee may request, and
shall be granted, a leave of absence without pay, position held. The
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total period of leave of absence without pay with position being held
shall not exceed six (6) months following the date of delivery. A
request to continue on a leave of absence beyond this six (6) month
period must be in writing. If granted, the position may or may not be
held for this extended period subject to the appointing authority's
decision.
Section 2. Family Leave.
A. Childbirth, Adoption. Up to three (3) days paid leave, deducted
from sick leave, will be provided to a spouse in connection with
the birth, adoption or taking custody of a child.
B. Parental, Family. Parental leave and family leave shall be
governed by CGS Section 5-248a (and any amendments) and the
appurtenant regulations.
C. Use of Other Leave. An employee who is granted a statutory non-
disability leave may request and shall be granted the financial
benefits of accrued vacation leave, personal leave and/or
compensatory time off during the period of statutory leave;
however, such time, if taken during the period of statutory leave,
shall not be utilized to extend the same leave for a period in excess
of that described in the request for such leave or the statutory
maximum.
D. Holidays During Leave. Holidays which occur during the period
covered by the leave provisions of CGS Sec. 5-248a shall not be
compensated unless the employee is concurrently utilizing paid
vacation, compensatory time or personal leave as may be
permitted above and consistent with current practice.
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ARTICLE 23
LABOR MANAGEMENT COMMITTEES
Section 1. Committees. Not less than four (4) times each year, if
needed, a Labor Management Committee representative of the
Bargaining Unit, consisting of not more than ten (l0) persons selected
by each party, shall meet at the departmental level to discuss matters of
mutual concern.
A. Department Level. The ten (l0) Union representatives shall be
picked by the Union. There shall be not be more than three Union
Representatives from any one work location.
B. Institution Level. Labor Management meetings at the institution
level will be limited to stewards or Executive Board members of the
particular institutions as follows:
Facility Number
Osborn 6
Enfield 6
Cheshire (CCC) 6
Manson Youth 6
CRCI 6
New Haven 5
Hartford 5
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Facility Number
Bridgeport 5
Brooklyn 3
J.B. Gates 3
Community Services 3
Webster 3
Cybulski 3
Willard-Cybulski 6
Northern 5
MacDougall-Walker 8
Bergin 3
Garner 6
Corrigan-Radgowski 6
York/Niantic 6
C. Additional Representation.
(1) New Facilities. The Union, upon request, shall be granted
additional representation consistent with the current practice as a
result of new facilities opening during the term of this
Agreement.
53
(2) Executive Board Members. No Executive Board member
who works at a facility other than the institution where the
meetings is being held will be permitted to attend unless the
Complex Warden and/or a Deputy Commissioner is also present.
Section 2. Topics for Discussion. The subjects discussed may relate
generally to this Agreement, but shall not be for the purpose of
discussing pending grievances or for collective bargaining on any
subject. The topics for discussion will include, but are not limited to:
a) Methods of improving Employer/employee relations and
productivity.
b) Safety and health problems of a continuing nature.
c) Affirmative action goals and methods of implementation.
d) Other problems which have an impact on conditions of
employment.
Section 3. Request for Meeting; Agenda. The Union or management
shall request such a meeting in writing two (2) weeks prior to the
requested time for the meeting, specifying the items to be discussed.
The Department and the Union shall exchange agendas of topics to be
discussed at least five (5) days in advance of the date set for the
meeting. By mutual agreement, the parties may vary the agenda.
Section 4. Pay Status. The unit employees participating in the
meetings shall be in pay status for the time spent in Union Management
meetings held during their regularly scheduled hours of employment.
54
Section 5. OLR and Union Staff. Staff representatives of the Office of
Labor Relations and the Union may render assistance to the Labor
Management Committee established by this Article as may be
necessary to fulfill the objectives of this Article, and may participate in
meetings of the Committee.
Section 6. Minutes. Minutes of such meetings will be distributed to
Committee members within two (2) weeks after the meetings.
Section 7. Staffing Committee. The State agrees to the establishment
of a committee to review and evaluate the staffing complements. The
committee shall meet quarterly to evaluate such concerns. The
committee shall consist of executives of Union and Management as
follows:
Four (4) from the Union, one of which shall be a Staff Representative
of Council 4
Two (2) from the Correction Department
Two (2) from the Office of Policy and Management.
Recommendations of the committee shall be forwarded to the
Commissioner of Correction, Secretary of Office of Policy and
Management and Commissioner of Administrative Services for review
and possible implementation within budgetary constraints.
ARTICLE 24
SAFETY
Section 1. Unsafe or Unhealthy Conditions. The Employer is
receptive to all recommendations regarding improvement of apparently
unsafe or unhealthy conditions. Once the Employer determines that an
55
unsafe or unhealthy condition exists, it will attempt to alleviate or
otherwise remedy the condition.
Section 2. Disputes. Disputes over unsafe or unhealthy working
conditions shall be processed through the Labor Department for
compliance with COSHA or otherwise with the Department-wide
Labor Management Committee, but shall not be subject to the
grievance procedure.
Section 3. Labor Management Committee. The appropriate
applications of this Section, including disputes on operating unsafe
vehicles or equipment, shall be discussed by the Labor Management
Committee at the agency or institution level.
ARTICLE 25
VACATIONS
Section 1. Schedule. Employees who were hired prior to July l, l977
shall continue to accrue vacation at the rate of one and one-quarter (l
l/4) days per month, except that employees who have completed twenty
(20) years of service shall earn paid vacation at the rate of one and two-
thirds (l 2/3) work days for each calendar month of service. For
employees who were hired on or after July 1, 1977, the following
vacation leave shall apply:
Years of Service Vacation
Zero (0) to five (5) years: One (l) day per month.
Over five (5) and under twenty (20) years:
One and one-quarter (l l/4) days per month.
Over twenty (20) years: One and two-thirds (l 2/3) days per
month.
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A. Carryover. On and after January 1, 1980, no employee will carry
over without agency permission more than ten (10) days of vacation
leave to the next year. For employees hired on and before June 30,
1977, the maximum accumulation of vacation leave shall be one
hundred twenty (120) days. For employees hired on and after July 1,
1977, the maximum vacation accumulation shall be sixty (60) days.
Section 2. Computation Method at Separation. Employees who are
assigned to work schedules which contain daily tours of eight (8) hours
and fifteen (15) minutes shall, upon separation or retirement from State
service, have accrued vacation leave pay computed based on a standard
eight (8) hour and fifteen (15) minute work day.
Section 3. Annual Vacation Selection. Vacation sign-up books shall
be provided at each facility for each shift prior to January 1 of each
year. Selection of all vacation leave shall be done via seniority for the
subsequent calendar year. NP-4 members shall be allowed to select
their vacation time off on an individual day basis up to the amount of
their annual vacation accrual as defined under Article 25, Section 1.
ARTICLE 26
RETIREMENT, INSURANCES AND LEAVES
Section 1. Retirement Plan. The terms and conditions of employee
retirement benefits are negotiated separately by the State and the
Unions. All provisions concerning retirement are governed by the
separate agreement of the parties on that subject.
57
Section 2. Insurance and Leaves. Except where varied in this
Agreement of this article, the State will continue in force its written
rules and regulations presently in effect with reference to:
A. Sick leave, personal leave, or other paid or unpaid leave of
absence; a leave of absence without pay of five (5) days or less in
any month shall not affect the accrual of vacation or sick leave.
B. Insurance coverages;
C. Worker's Compensation;
D. Retirement, including disability retirement;
E. Death benefits. Effective July l, l980, upon death of an employee
on the active payroll who has completed ten (l0) years of State
service, the Employer shall pay to the beneficiary one-fourth (l/4)
of the deceased employee's daily salary for each day of sick leave
accrued to his/her credit as of his/her last day on the active payroll,
up to a maximum payment equivalent to sixty (60) days pay.
F. The State agrees to continue in effect its practice of reimbursing
employees for damage to personal property, consistent with
Section 4-l42 of the CGS.
Section 3. Medical Certificate. If an employee is absent on sick leave
for five (5) or more consecutive working days, the employee must
submit a medical certificate stating reasons for the absence. When
continued absences from work constitute an abuse of sick leave, the
employee and the Union shall be notified in writing. After such
notification, the Employer may deny sick pay. Such denial of sick pay
58
is subject to the grievance and arbitration provision of this Agreement.
Continued abuse of sick leave will subject the employee to progressive
discipline.
Section 4. Personal Leave Time. Each permanent employee shall be
granted up to three (3) days personal leave per year, without having to
provide a reason. However, whether the leave will be granted when
requested depends upon: (l) the adequacy of notice; (2) known
approved leaves and absences for the requested dates, and (3) an
emergency as unanticipated need for the absence. The Employer will
endeavor to provide an answer to the request within a reasonable time.
Once a written approval has been granted, it shall not be revoked.
ARTICLE 27
EMPLOYEE UNIFORM, PERSONAL
APPEARANCE AND IDENTIFICATION
Section 1. Policy. The Department shall issue standard uniforms to
designated employees. Each Department employee shall present a neat,
clean and well groomed appearance while in the performance of duties
and/or while wearing a uniform. Official identification shall be issued
to Department employees.
Section 2. Authority and Reference.
A. Connecticut General Statutes, Section 18-81.
B. Administrative Directives 2.16, Honor Guard and 7.4 Correctional
Emergency Response Teams.
59
Section 3. Uniform Dress Code. Each employee shall present a neat,
clean and well groomed appearance at all times during the performance
of duties and/or while in uniform. Clothes shall be kept clean and neat.
Footwear shall be clean, non-tattered and laced as appropriate. Direct
contact personnel shall carry a Universal Precaution Pouch. No
personal equipment, e.g., phones, beepers, etc., other than state issued
items shall be carried or worn by staff while on duty. Union presidents
and one (1) designated union duty officer per local, shall be allowed to
wear a beeper for union business purposes.
A. Non-Uniformed Personnel. Attire for non-uniformed personnel
shall be in keeping with safety and security concerns. The wearing
of provocative, suggestive or exercise attire, shorts, tee shirts,
ragged or torn clothing, rubber shower/beach thongs shall not be
permitted. Exceptions shall be allowed by the Unit Administrator
as it applies to a specific job classification or in order to perform
specific duties.
B. Uniformed Personnel. The Department of Correction shall
provide uniforms in accordance with Appendix E, Uniform
Specification and Allotment, except that the Commissioner of
Correction may change the color and style of the uniform upon
notice to the Union. Uniform items which require dry cleaning
shall be maintained by the Department through a designated
vendor. A limit of three (3) pairs of uniform pants per week and
one (1) Department issued winter coat per year, shall be
maintained by the Department. Uniforms shall only be worn as
provided in this Directive. No portion of a uniform shall be worn
with any other clothing not authorized herein. Uniforms shall not
60
be worn while off duty except as necessary to travel to and from
the employee's worksite, fulfill family responsibilities, or while
volunteering and officially representing the Department of
Correction. The consumption of alcohol while in uniform is
strictly prohibited.
1) Uniform Appearance. Upon reporting for duty, uniforms as
per Appendix E shall be clean and neat. Shoes shall have a
clean and unscuffed appearance.
2) Security Personnel Uniform. Standards and guidelines for
uniformed security personnel shall be as follows:
a) A shirt shall have a Department shoulder patch, name tag,
badge and insignia of rank (if applicable). A long sleeve or
short sleeve uniform shirt shall be worn at the employee's
discretion. A short sleeve shirt shall be fully buttoned with
the exception of the top button. A long sleeve shirt shall be
worn fully buttoned with a tie and tie clasp. A long sleeve
shirt shall be worn at any official Departmental function or
ceremony.
b) Trousers shall be worn with a belt and issued belt-worn
equipment and supplies.
c) The jacket shall have a dark blue Department shoulder patch,
badge, name tag and insignia of rank (if applicable). The
jacket shall be worn at the discretion of the employee.
d) The sweater shall have a badge and name tag. The sweater
shall be worn at the discretion of the employee.
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e) Solid black leather type shoes/boots shall be worn with black
socks,
f) Sneakers shall not be allowed. Special shoes and/or socks,
when job or medically required, may be substituted as
authorized by the Department.
g) Issuance of the hat shall be upon request and may be worn at
the officer's discretion. The hat shall be worn with the brim
squarely facing forward. A winter weather cap shall be made
available for an outside post during inclement weather.
h) Any tee shirt worn as an undergarment, if visible, shall be
white.
i) All uniforms and allotments shall meet the specifications in
Appendix E. Any insignia ornament or accessory other than
provided for in this Directive shall be prohibited. Each
facility shall provide coveralls for special assignments which
require protective clothing. Maintenance or detail uniforms
shall be authorized for uniformed security personnel,
performing detail duties.
3) Uniformed Non-Security Personnel. Uniformed non-
security personnel shall be authorized to wear long or short
sleeve shirts without a necktie, and other attire in accordance
with Appendix E. Special shoes, when medically required,
may be substituted when authorized by the Unit
Administrator.
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4) Exchange. Uniform items, as per Appendix E, shall be
exchanged on a one-for-one basis when an item is beyond
repair or no longer fits. Name tags or belt equipment shall be
replaced as required. All issued uniform replacements shall
be at the employer's discretion and expense. Any uniform
which is in stock or has already been distributed at the time
of this Directive may continue to be used until it is beyond
repair or no longer fits.
5) Maternity Uniform. Maternity uniforms shall be provided,
as appropriate, when requested by the employee.
6) Specialized Facility Uniforms. Any specialized uniform to
be worn by staff at a facility shall require an exception from
the Commissioner.
7) Transition. The Department shall ensure that all uniformed
personnel, as specified in this article, have received the
required uniform allotment within 120 days of the effective
date of this Agreement.
Section 4. Personal Appearance. Personnel shall maintain a neat and
clean appearance while on duty and/or in uniform.
A. All Personnel. Department personnel shall be subject to the
following personal appearance regarding hair. All hair to include facial
hair shall be clean, neat and trimmed. Neither color, cut nor style shall
detract from the well groomed appearance of an employee. Hair shall
not interfere with the normal wearing of authorized headgear, medical
and safety/security equipment.
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B. All NP-4 Personnel.
(1) Hair. Hair shall not cover more than one half of the ear, stand out
more than one inch from the ear, extend to the eyebrows or be worn
below the top of the collar. Hair which falls below the collar shall be
tucked under or tied up.
(2) Sideburns. Sideburns shall be neatly trimmed and not extend below
the bottom of the ear. The base of the sideburn shall be a clean-shaven
horizontal line. Sideburns shall be of uniform width from top to bottom
with no flare at the base unless connected to a beard.
(3) Mustaches. Mustaches shall be neatly trimmed. No portion of the
mustache shall extend beyond the corners of the mouth by more than
one half inch unless it is part of a beard.
(4) Beards. Beards shall be trimmed and neat and shall not exceed
three-quarters inch in bulk. Unless in the process of growing a beard or
mustache, an employee shall be clean shaven.
(5) Fingernails. Employees shall keep their fingernails neatly trimmed
to inch. Nail polish may be worn while in uniform so long as the
color, in the reasonable judgment of the Commissioner of Correction, is
conservative and complements the uniform. Extreme shades of nail
polish such as purple, gold and blue shall not be worn.
(6) Jewelry. Employees shall be prohibited from wearing visible
jewelry other than;
a) a wedding ring or set,
b) a non-obstructive ring,
c) watch, and
d) medical alert bracelet/necklace or an MIA bracelet
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(5) Employee Identification. Each employee shall be issued a
Departmental Identification Card which shall be carried while on duty.
(a) Content. The Identification Card shall include the following:
1) employee photo;
2) name;
3) title;
4) duty station;
5) date of issue;
6) employee signature;
7) employee number; and
8) authorizing signature of the Commissioner.
(b) Update. Each employee Identification Card shall be reissued at
least every five (5) years with a current photo. No employee
identification card shall be accepted beyond five (5) years from date of
issue.
(c) Department Identification Card Return. Upon permanent
separation from the Department or new issuance, the employee shall
return the Department Identification Card.
(6) Department Issued Badges. Only employees classified under the
Hazardous Duty Retirement Bill and Executive staff shall be issued and
allowed to display badges while on duty or in an official capacity.
Badges for all employees shall be silver in color and include the title of
the individual. Uniformed staff shall wear the badge on the uniform
shirt above the left pocket. Authorized non-uniformed employees may
wear the badge on their belt only.
65
Section 5. Department Uniform, Property and Equipment Return.
Upon permanent separation from the Department, an employee shall
return any issued Department uniform, property and/or equipment, to
include a weapon.
ARTICLE 28
MILITARY LEAVE
Section 1. Paid Leave for Drills, Emergencies. A full-time permanent
employee who is a member of the armed forces of the State or any
reserve component of the armed forces of the United States shall be
entitled to military leave with pay for required field training, provided
such leave does not exceed two (2) calendar weeks in a calendar year,
in addition to up to seven (7) days of military leave for weekend drills.
Additionally, any such employee who is ordered to active duty as a
result of an unscheduled emergency (natural disaster or civil disorder)
shall be entitled to military leave with pay not to exceed thirty (30)
calendar days in a calendar year. During such leave the employee's
position shall be held, and the employee shall be credited with such
time for seniority purposes.
Section 2. Unpaid Leave. Other requests for military leave may be
approved without pay. Nothing in this Article shall be construed to
prevent an employee from attending ordered military training while on
regularly scheduled vacation.
Section 3. Supercedence. The provisions of this Article shall
supersede Sections 5-248(c) and 27-33 of the General Statutes and the
appurtenant regulations of the Personnel Policy Board.
66
ARTICLE 29
STRESS MANAGEMENT
Section 1. Stress Management Fund. The State shall establish a fund
of one hundred thousand ($100,000) dollars to be expended on stress
management programs and/or procedures.
Section 2. Committee Established. A committee shall be established
by October 1, 1985 made up of three individuals designated by the
Union and three individuals designated by management to determine
what programs and/or procedures shall be implemented.
A. The six (6) designated individuals shall select a neutral member to
the committee by November 1, 1985.
B. Should the committee be unable to select a neutral member by
November 1, 1985 the decision as to whom the neutral member shall be
shall be turned over to the Labor Commissioner who shall appoint said
neutral by January 1, 1986.
C. The cost for the chosen neutral member shall be deducted from the
established fund.
Section 3. Rollover. Funds not expended during the life of this
Agreement shall rollover into the successor to this Agreement under the
provisions of this Article.
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ARTICLE 30
PERSONNEL FILES
Section 1. Access To Files. An employee has on site access to his/her
personnel file upon written notice to the Department's Personnel Office.
A. Within ten (l0) days of receipt of such notice the personnel file will
be made available to the employee at the convenience of the facility.
Section 2. Union Access. The Union may have access to any
employee's personnel file upon presentation of written authorization by
the appropriate employee at the location of the normal keeping of the
employee's personnel file.
Section 3. Cost of Copies. Copies made of the contents of an
employee's personnel file shall be charged at the applicable Freedom of
Information rates.
Section 4. Department Representative Must be Present. Review
and/or copying of any personnel files shall be done in the presence of a
Department designee.
Section 5. File Content.
A. Anonymous or Derogatory Material. No anonymous material
concerning an employee shall be placed in his/her personnel file, nor
shall any new material derogatory to an employee be placed in the file
unless the employee has had an opportunity to sign it and has been
given a copy of the material. If the employee refuses to sign, a Union
steward will sign the material and be provided a copy.
68
B. Rebuttal to Item in File. An employee may file a written rebuttal to
any derogatory material placed in the file within one (1) month of
receipt of such material.
C. Removal. Any derogatory material or counseling letters not
subsequently referenced or merged in a service rating shall be removed
after eighteen (18) months, unless related disciplinary action is taken.
ARTICLE 31
TEMPORARY AND DURATIONAL EMPLOYEES
Section 1. Temporary Employees. A temporary employee, as defined
in Article l, shall be covered by this Agreement after six (6) months of
continuous service, except that a temporary employee may be
terminated at any time by the Employer without right of appeal. This
Agreement entitles a full time temporary employee to the following
fringe benefits after six (6) months of continuous service:
l) Vacation accrued from hire in accordance with Article 25,
Vacations, use of accrued vacation, and payment of unused vacation
upon termination.
2) Sick leave accrued from hire in accordance with Article 26, Section
2, Insurance and Leaves, and use of accrued sick leave.
3) Holiday benefits in accordance with Article 21, Holidays.
4) Participation in group health insurance provided in accordance with
Article 20, Group Health Insurance, subject to any waiting period
imposed by the insurance carrier.
69
5) Group life insurance in accordance with Section 5-257, Connecticut
General Statutes (1981).
Time served as a temporary employee shall be credited toward
seniority once the employee has completed a working test period in a
permanent position provided that there is no break between the periods
of temporary and permanent employment.
Section 2. Durational Employees. A durational employee, as defined
in Article l, shall be covered by this Agreement after six (6) months of
continuous service. However, due to the nature of the durational
appointment, a durational employee cannot be guaranteed continued
employment beyond the termination date of the appointment.
Termination is therefore without right of appeal and a durational
employee shall not have bumping rights. Also, this Section shall not be
deemed as a waiver of any requirements of the merit system. This
Agreement entitles a full time durational employee to the following
fringe benefits after six (6) months of continuous service:
l) Vacation accrued from date of hire in accordance with Article 25,
Vacations, use of accrued vacation, and payment of unused vacation
upon termination.
2) Sick leave accrued from date of hire in accordance with Article 26,
Section 2, Insurance and Leaves, and use of accrued sick leave.
3) Holiday benefits in accordance with Article 21, Holidays.
4) Participation in group health insurance provided in accordance with
Article 20, Group Health Insurance, subject to any waiting period
imposed by the insurance carrier.
70
5) Group life insurance in accordance with Section 5-257, Connecticut
General Statutes (l98l).
Time served as a durational employee shall be credited toward seniority
once the employee has completed a working test period in a permanent
position provided that there is no break between the periods of
durational and permanent employment.
ARTICLE 32
CIVIL LEAVE AND JURY DUTY
Section 1. Civil Leave.
A. General. If an employee receives a subpoena or other order of the
Court requiring an appearance during regular working hours, time off
with pay and without loss of earned leave time shall be granted. This
provision shall not apply in cases where the employee is a plaintiff or
defendant in the Court action.
B. Work Related. If a Court appearance (not jury duty) is required as
part of the employee's assignment or as a direct consequence of his/her
official function, time spent shall be considered as time worked. If the
appearance requires the employee's presence beyond his/her normal
work day, all time beyond the normal work day shall be paid in
accordance with Article l5, Overtime.
Section 2. Jury Duty.
A. Compensation. An employee who is called to serve as a juror shall
receive his/her regular pay, less any pay received as juror for each work
day while on jury duty.
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B. Notice to Employer. Upon receipt of a notice to report for jury
duty, the employee shall inform the unit head immediately. The
Employer may request that the employee be excused or exempted from
jury duty.
C. Time Off. Time off for jury duty shall be arranged as follows:
(l) If the employee is scheduled to work the day shift, evening or
second shift, he/she shall be off on the shift occurring on the same day
as the jury duty.
(2) If the employee is scheduled to work the third shift (midnight) he
shall be off the shift following jury duty.
ARTICLE 33
TUITION REIMBURSEMENT
Section 1. Eligibility. Any employee who has completed six months of
service and is continuing his/her education in a job related area, or in an
area that will assist the employee in upward mobility or promotional
opportunities, shall be eligible for tuition reimbursement for a
maximum of eighteen (l8) credits or the equivalent per year.
Section 2. Fund Amount. There shall be $50,000 appropriated for the
first year of this Agreement for the purpose of tuition reimbursement.
Effective July 1, 2005, there shall be $55,000 appropriated for this
purpose and effective July 1, 2006 and July 1, 2007 there shall be
$60,000 appropriated for this purpose for each year. Funds committed
for reimbursement in one fiscal year shall carry over into the next fiscal
year in order to allow payment of tuition reimbursement claims for
prior year courses.
72
Section 3. Application for Reimbursement. An employee applying
for tuition reimbursement must submit the appropriate forms to the
agency's tuition reimbursement coordinator not less than two (2) weeks
prior to the start of the course. After approval has been received, if the
employee decides not to take the course(s) or to drop a course(s),
he/she shall notify the employer so that funds may be utilized for
another employee. Upon presentation of evidence of payment and
successful completion of the course(s), the employee shall receive
tuition reimbursement as follows:
A. Reimbursement for Credit Courses. For credit courses at
accredited institutions of higher education, one hundred (100%) percent
of the cost of tuition, laboratory fees and community college service
fees up to a maximum of $100.00 per credit for undergraduate courses
and $120 per credit for graduate courses.
B. Reimbursement for Other Courses. For other courses or
programs, there shall be fifty (50%) percent tuition reimbursement to a
maximum of $50.00 per credit for undergraduate courses and $60.00
per credit for graduate courses.
Section 4. External Degree Programs. Tuition reimbursement for
external degree programs and for courses offered at nonaccredited
institutions or non-credit courses shall be subject to prior approval by
the Personnel Development Section of the Department of
Administrative Services prior to submission to the agency tuition
reimbursement coordinator. Non-credit courses will be converted to an
equivalent number of credits for the purpose of computing
reimbursement. For example, six to fifteen hours of noncredit
classroom time will be considered the equivalent of one credit.
73
A. Examination Fees. For external degree programs, the enrollment
fee and the examination fee for up to six examinations per year shall be
covered by tuition reimbursement.
ARTICLE 34
SERVICE RATINGS
Section 1. Definition. Service ratings are evaluations of work
performance. Service ratings issued during a working test period are
not subject to the grievance or arbitration procedure.
Section 2. Method of Filing Rating. Service ratings shall be filed by
the appointing authority in compliance with Regulation 5-237-1 on the
form found in Appendix A of this Agreement. Any conflicts arising
between this article and the aforementioned regulations shall be
governed/resolved in favor of the article.
Section 3. Ratings by Immediate Supervisor. Service ratings shall be
conducted (rated) by the employee's immediate supervisor(s) who has
observed the employee's performance for six months or more. If this is
not the case, the rater shall note and take into account the period of
observation. If the immediate supervisor has less than three months of
observation, the predecessor supervisor, if available and if [s]he has
observed the employee for more than six months, shall conduct the
service rating; if the predecessor is not available, the shift commander,
in consultation with the immediate supervisor shall conduct the service
evaluation. Consistent standards of rating shall be made known to the
bargaining unit and all raters. Raters shall make a good faith effort to
apply such standards uniformly in all ratings.
74
Section 4. Unsatisfactory Rating. A rating of unsatisfactory in one (1)
category or a needs improvement in two (2) categories may constitute
an overall unsatisfactory service rating. When an employee is rated
unsatisfactory in any category, the rater shall state the reason(s), and if
practicable, suggestions for improvement. Overall needs improvement
and unsatisfactory service ratings must be discussed with the employee
at an informal meeting to be scheduled by the rating supervisor,
normally within seven (7) days after the employee has seen and signed
the rating. An employee's signature on the rating form shall serve as
confirmation that the employee has seen the rating and not as an
indication that the employee agrees with the rating.
Section 5. Overall Unsatisfactory Rating. An overall unsatisfactory
annual service rating may be grounds for denial of an annual increment
and may also be considered for promotions.
Section 6. Appeals. Only overall unsatisfactory service ratings shall be
subject to the grievance and arbitration procedure. In any arbitration,
the arbitrator shall not substitute his/her judgment for that of the rater in
applying relevant rating standards unless the rater can be shown to have
acted arbitrarily or capriciously.
Section 7. Relevance of Comments. Service ratings shall not contain
comments which are inconsistent with the rating. However,
constructive suggestions for improvement shall not be considered to be
inconsistent with the rating.
Section 8. Additional Comments Prohibited. No comments may be
added to the service rating after it has been signed by the employee.
75
Section 9. Copy Provided. Employees shall be given copies of their
completed service ratings.
ARTICLE 35
BOARD OF PAROLE
Section 1. Equipment. The Employer shall provide, maintain and
replace the following equipment for field services employees: body
armor, chemical spray, equipment bag, flash light, handcuffs and
jacket.
Section 2. Firearms. The issuance and removal of a firearm to a field
service employee shall continue to be at the discretion of the Chairman
or his/her designee. Should the issued firearm be removed from a field
service employee said employee shall not be assigned to duties
requiring a firearm. Upon written request of the affected employee a
written reason for the removal of a firearm shall be given by the
Chairman or his/her designee.
Section 3. Labor Management Committee. A labor/management
committee, specific to Parole, shall be made up of three (3) NP-4 parole
employees and up to three (3) representatives of the Board. Two (2)
NP-4 Union representatives and one (1) representative of AFSCME
Council 4 may also attend committee meetings.
Section 4. Travel Outside Connecticut. Out of state travel shall be
governed by the standard state travel regulations.
76
Section 5. Firearms Training.
A. Firearm Practice. The Board shall provide paid release time for
field service employees to practice and qualify for firearm use,
including low-light training. The Board shall provide sufficient
ammunition and targets for this purpose.
B. Access to Firearms Range. All field services personnel may have
access to the firearms range at other times for practice at their own
expense, provided that: (1) space is available; (2) a State Police Range
Officer or pre-approved municipal police firearms range instructor is
present for the purpose of supervision; and (3) at a firearms range other
than previously listed a Parole Firearms instructor is present.
Section 6. Provisions of Contract Not Applicable to Parole. The
following are not applicable to the Board of Parole or its employees:
Article 8, Section 2;
Article 8, Section 3;
Article 8, Section 4;
Article 8, Section 5;
Article 9, Section 3;
Article 10, Section 2 C;
Article 15;
Article 17, Section 9;
Article 23;
Article 27;
Article 36, Section 7; and
Article 36, Section 8.
77
Section 7. Vehicles.
A. Field Services Division. The assignment of vehicle to employees in
the Field Services Division is contingent upon the employee available
for contact assignment, via beeper, on a twenty-four (24) hour basis,
except when on authorized leave.
B. Employee Use. Employees may continue to take assigned vehicles
to their residence after completion of the work day subject to the
conditions listed above.
1. Incidental Stops. Employees may make incidental stops (pick up
laundry, pick up child at child care etc.) traveling to or from work as
long as such stops are on the employee's normal commuting route.
C. Replacements. Replacement vehicles for Field Services Division
employees shall be unmarked, four (4) door, air condition, intermediate
size (Category 3) vehicles.
D. Safety Cages. Removable safety cages will be available to
employees in the Field Services Division when transporting prisoners.
E. Emergency Communications. Emergency communications
equipment shall be made available to Field Services Division
employees during scheduled remands.
Section 8. Compensatory Time.
A. Additional Hours Worked. Employees of the Board shall continue
to receive compensatory time off for authorized hours worked in excess
of the applicable work week.
78
B. Periods in Which Compensatory Time is Used. Effective July 1,
1997, compensatory time earned during the six (6) month period
following July 1st must be used by June 30th of the following year.
Compensatory time earned during the six (6) month period following
January 1st must be used by December 31 of that year.
(1) Compensatory time accrued by employees at the time assigned to
the Board and/or as remaining on June 30, 1997 is exempt from the
time frames expressed above.
C. No Additional Compensation. In no event will compensatory time
be used as a basis for additional compensation.
Section 9. Start of Work Day. The start of an employee's work day
shall begin at his/her official duty station, satellite office, temporary
duty station or elsewhere as approved in advance by the employee's
supervisor.
Section 10. Special Assignments and Transfers.
A. Voluntary Transfers. Voluntary transfers within each Division
shall be accomplished in seniority order.
B. Assignments by Inverse Seniority. In the absence of volunteers,
involuntary transfers within each Division shall be accomplished in
inverse seniority order.
C. Special Assignments, Transfers. Selection for special assignments
and transfers between Divisions shall be determined by the Board.
Non-selection is grievable in accordance with the grievance procedure
provisions of this Agreement. In any arbitration, the arbitrator shall not
79
substitute his/her judgment for that of the Board absent evidence that
the Board exercised its judgment arbitrarily or capriciously.
Section 11. Weekend Assignments.
A. Saturday or Sunday Assignment. In each calendar quarter of a
year, each employee in the Field Services Division may be assigned to
work one shift, at the applicable work day length, on a Saturday or
Sunday.
B. Assignment. The assignment shall be made in advance by a
supervisor and the employee shall be assigned field work.
C. Days Off
(1) An employee assigned to work on a Saturday shall be given the
following Monday off.
(2) An employee assigned to work on a Sunday shall be given the
preceding Friday off.
D. Holiday Weekends. No assignments shall be made on
weekends(Friday-Monday) that involve a holiday.
Section 12. Workweek. Effective upon the first day of the pay period
following legislative approval of this Agreement, Board of Parole
employees shall work a forty (40)-hour unscheduled workweek
consisting of five (5) consecutive eight-hour days Monday through
Friday except as modified above. The workday must begin between
8am and 10am for Field Services Division and 7am and 9am for
Hearings Division except that a supervisor may pre-approve an earlier
or later start time. Employees may elect either a thirty (30) or forty-five
(45) minute lunch period.
80
A. Evening Assignments. In the Field Services Division, each Parole
Officer may be assigned to work one evening each week as follows:
1. In each thirteen (13) week calendar quarter, each employee shall
work at least two (2) Mondays, two (2) Tuesdays, two (2) Wednesdays,
two (2) Thursdays and two (2) Fridays. The remaining three evenings
will be as selected by the employee, subject to the limitations below.
2. Employees shall schedule evening work by seniority, with the most
senior selecting first, and must submit the schedule to the supervisor at
least three (3) weeks prior to the beginning of each quarter.
3. No more than two (2) persons assigned to each District may be
scheduled to work on the same evening unless a supervisor pre-
approves such a schedule. Evening work shall begin after 2:00pm and
before 4:00pm, except that a supervisor may pre-approve an earlier or
later start time.
Section 13. Hours of Work for Board Employees. The hours of work
and unscheduled workweek currently in effect for the Board employees
shall continue, in effect.
Section 14. Meal Periods. Employees shall be paid for their meal
period if required to work through such period.
ARTICLE 36
GENERAL PROVISIONS
Section 1. Savings Clause. Should any provisions of this Agreement
be found unlawful by a court of competent jurisdiction by reason of
81
conflict with Federal law or State or Federal Constitutions, the
remainder of the Agreement shall continue in full force and effect.
Section 2. Printing of Agreement. The parties will share equally the
cost of printing the Agreement in booklet form by a Union printer.
Purchase of services to accomplish such printing will be accomplished
in accordance with State purchasing procedures.
Section 3. Supercedence. The inclusion of language in this Agreement
concerning matters formerly governed by law, regulation, or policy
directive shall not be deemed a preemption of the entire subject matter.
Accordingly, statutes, rules, regulations, and administrative directives
or orders shall not be construed to be superseded by any provision of
this Agreement except as provided in the Supersedence Appendix to
this Agreement, or where, by necessary implication, no other
construction is tenable.
Section 4. Blue Book. References in this Agreement to rules and
regulations refer to the Blue Book, Regulations of the Personnel
Policy Board effective July l, l975. Such references include also all
applicable General Letters and Q-Items in effect on April 9, l977.
Reference to the Department of Correction shall, where applicable,
mean the Department of Children and Families and Board of Parole.
Section 5. Use of Polygraph. The Employer will not request or require
a polygraph test of any permanent employee.
Section 6. Hazardous duty. The Union, and not any individual
employee, shall, upon request, be granted a hearing by the Director of
Personnel and Labor Relations concerning a claim for hazardous or
unpleasant duty pay differential. Disputes under this Section shall not
be subject to the Grievance and Arbitration Article.
82
Section 7. Replacement Vehicles. Replacement vehicles shall be four-
door, air conditioned and unmarked. An employee may take his/her
assigned vehicle to his/her residence after completion of his/her work
schedule.
Section 8. Transporting Inmates. In clarification of Section 5-l73(a),
persons employed in the Department of Correction with the
Correction in their job title who, as a regular part of their job,
transport prisoners or parolees to or from any institution listed in said
Section shall be deemed to be engaged in guard or instructional duties
at any such institution.
Section 9. Non-Bargaining Unit Employees. The State will not
replace a bargaining unit position with inmates.
Section 10. Indemnification. During the life of this Agreement, the
State Employer will continue to indemnify persons covered by this
Agreement to the extent provided by Sections 4-l65, l0-235 and l9a-24
of the Connecticut General Statutes.
ARTICLE 37
EMPLOYEE DRUG TESTING/SCREENING
Section 1. Applicability. There shall be a drug testing/screening
program for Department of Corrections, Board of Parole and UConn
Health Center employees.
Section 2. Probable Cause. An employee shall be subject to an
immediate drug test if probable cause of drug use exists as determined
by his/her supervisor, Warden, or designee. Such drug testing shall be
83
administered by a qualified physician of the Employer's choice. The
initial method of testing shall use an immunoassay. All specimens
identified as positive on the initial test shall be confirmed using the
chromatography/mass spectrometry test. If such test is again positive, a
third more complex test on the same specimen can be administered at
the request and expense of the employee. All initial tests shall be paid
for by the Employer.
Section 3. Refusal to Take Test. Termination will result if the
employee refuses to be administered the test. Positive findings from
both the drug tests administered will result in the employee being
relieved of duty and placed on sick or vacation pay, pending
completion of departmental-approved drug rehabilitation program.
Section 4. Rehabilitation Program. Termination of the employee will
result if he/she refuses to participate in or to complete such program.
Section 5. Return to Duty. Upon return to duty after successfully
completing the drug rehabilitation program, the employee will be
subject to a maximum of three random drug screens for the first
eighteen (18) months following return to duty, in addition to drug
screening based on probable cause for a period of two years during
which time if the employee tests positive for drug use he/she will be
subject to termination. Any employee refusing to be administered either
a random or probable cause drug test during the time frames indicated
above, as appropriate, when requested to by his/her supervisor,
Warden, or designee, based on probable cause, shall be terminated.
84
ARTICLE 38
DURATION
Section 1. Effective Date. Although this Agreement covers the period
July 1, 2004 to June 30, 2008, the provisions contained herein shall not
be effective until legislative action under the State Employees Relations
Act, unless a specific provision is stated to the contrary.
Section 2. Legislative Approval. The cost items contained in this
Agreement and the provisions of this Agreement which supersede
preexisting statutes shall not become effective unless or until legislative
approval has been granted pursuant to CGS 5-278. The State Employer
shall request such approval as provided in Section 9. If the legislature
rejects such request as a whole, the parties shall return to the bargaining
table.
IN WITNESS WHEREOF, the parties have signed their names on
this day of , 2004
For The State Of Connecticut: For Local 387, 391 And 1565 OF
Council 4 Of The American
Federation State, County And
Municipal Employees, AFL-CIO:
Paul Bodenhofer /s/ 5/6/04 Albert J. Chiucarello /s/ 5/5/04
Office of Labor Relations Date Council 4, AFSCME
David P Moffa /s/ 5/5/04
President Local 387 Date
Jon T. Pepe 5/5/04
President Local 391 Date
Thomas Mulhall 5/5/04
President Local 1565 Date
85
APPENDIX A
NP-4 PERFORMANCE APPRAISAL
Name: _________________________________________Position:__________________________
Date of Appointment to Present Position:_____________Appraisal Period:___________
EX=EXCELLENT FS=FULLY SUCCESSFUL S=SATISFACTORY NI=NEEDS IMPROVEMENT
U=UNSATISFACTORY DA=DEVELOPMENT AREA
Performance
Appraisal

Standard Comments Rating D
A

Quantity of
Work
Individual consistently completes all assigned work. The
volume or work completed is acceptable. Demonstrates
initiative by actively looking for opportunities to
contribute both within and outside of responsibility
above and beyond normal job requirements

Thoroughness/
Accuracy

Sets high standards and consistently achieves high
quality results. Regardless of volume, work is accurate
and complete. Is always concerned with getting the job
done right

Job
Knowledge

Knowledge in own area of responsibility is extensive.
Has mastered all the tools and techniques required to
perform effectively, without relying on other staff
members. Has demonstrated an understanding of related
tasks

Ability to
Learn
New Duties

Masters new routines and grasps explanations quickly. Is
able to retain knowledge, and apply it on an on-going
basis. Recognizes that change is constant and is
comfortable working in such an environment.
Demonstrates flexibility. Quickly adapts to necessary
changes in operations.

Decisiveness Analyzes problems thoroughly and within acceptable
time limits. Draws logical conclusions, makes timely,
practical suggestions/decisions and implements them.

Self Direction/
Planning

Personally well organized. Effectively organizes all work
and makes good use of available time. Requires minimal
direction from Supervisor. Is able to keep work area neat
and clean.

Cooperation
Interpersonal
Skills

Works well with others, keeps others informed as
necessary. Communication is clear and concise; is
considerate, listens. Deals effectively with conflict,
maintains excellent relationship with other departments

Dependability Follows instructions and meets deadlines. Handles extra
work when necessary. Can be counted on to do what is
supposed to be done. Reports to work as scheduled and
on time, is rarely late or absent.

overall rating
[ ] Excellent [ ] Fully Successful [ ] Satisfactory [ ] Needs Improvement [ ] Unsatisfactory
86
DEVELOPMENT PLAN
This section should be used to discuss employees career objective and outline plans and
activities which enable employee to reach those objectives.
Performance Summary:
Briefly summarize employees performance appraisal period.

______________________________________________________
Development Need:
List those areas requiring additional attention to strengthen performance. Suggest courses,
readings seminars, etc. which will help employee to reach desired goals.

_______________________________________________________
Action Plan:
Outline steps necessary for employee to meet or exceed job requirements.

_______________________________________________________
Employee Comments:
Employee may comment on any area.

______________________________________________________

______________________________________________________
*Employee Signature/Date

_______________________________________________________
Supervisors Signature/Date Agency Designee Signature/date

*Signature does not imply that the employee agrees with this appraisal, but indicates that
the appraisal has been discussed with the employee.
87
NP-4 SERVICE RATING
Definitions:
Excellent: Employee consistently performs above and beyond the
expected requirements of the position: work is accurate and timely;
little or no instruction is needed in the carrying out of assigned tasks.
Fully Successful: Employee meets all job expectations and performs
all duties in a timely manner; maintains a steady volume of work and
has few if any errors or problems in the performance of duties.
Satisfactory: Employee meets minimum standards of the job.
Needs Improvement: Employee needs to improve on quality and
quantity of work performed; more attention to detail is needed; fewer
errors should be made.
Unsuccessful: Employee cannot meet expectations and requirements of
the position; errors are considerable and quantity and quality of work
are poor.
Development Area: Employee should target this particular area for
added emphasis throughout the next rating period. Training
opportunities should be sought and the supervisor should spend time
with the employee developing this area. If development is checked on
the performance appraisal, this has no disciplinary reference or
implications, and does not carry any weight in any disciplinary matter.
Additionally, the following Guidelines shall be met:
Supervisors who rate employees must be familiar with the
employees work, and should have supervised the employee for a
minimum of six months throughout the rating period.
88
No comments should be placed on the performance appraisal which
are inconsistent with the ratings received.
Five (5) or more ratings of excellent, with no needs improvement or
unsatisfactory ratings will equal an overall excellent rating.
Four (4) ratings of excellent with four (4) ratings of fully successful
equals an overall fully successful rating.
Two (2) or more ratings of needs improvement may equal an overall
unsatisfactory rating.
One (1) or more ratings of unsatisfactory in any area may equal an
overall unsatisfactory rating.
A rating of unsatisfactory may deny an annual increment.
Two (2) or more consecutive ratings of overall unsatisfactory may be
sufficient grounds for dismissal.
The rating should be completed by the immediate supervisor(s),
reviewed by the unit head and agency designee, and then be presented
to the employee.
Each category should be rated independently from the other
categories.
If an employee transfers to another correctional facility near the end
of the rating period, the losing facility shall complete the service rating
and present it to the employee prior to the transfer.
89
APPENDIX B
LONGEVITY SEMI-ANNUAL PAYMENT
COLLECTIVE BARGAINING UNIT NP-4
Effective July 1, 2001 through June 30, 2004
Salary Group 10 Years 15 Years 20 Years 25 Years
CO-1 75.00 150.00 225.00 300.00
CO-2 75.25 150.50 225.75 301.00
CO-3 92.00 184.00 276.00 368.00
CO-4 94.75 189.50 284.25 379.00
CO-5 97.50 195.00 292.50 390.00
CO-6 100.50 201.00 301.50 402.00
CO-7 103.25 206.50 309.75 413.00
CO-8 106.00 212.00 318.00 424.00
CO-9 109.00 218.00 327.00 436.00
CO-10 111.75 223.50 335.25 447.00
CO-11 114.75 229.50 344.25 459.00
CO-12 117.50 235.00 352.50 470.00
CO-16 141.50 283.00 424.50 566.00
90
APPENDIX C
EXCERPTS FROM SCOPE & STATE AGREEMENT
SECTION TWO - MAINTENANCE OF THE PAY EQUITY SYSTEM.
A. There shall be a joint labor management committee by bargaining
unit to discuss the creation of all new or changed jobs within the
bargaining unit.
B. The Objective Job Evaluation unit in concert with the Master
Evaluation Committee will complete an evaluation for new jobs in
accordance with the Willis Point Factor Evaluation system. Once the
class has been filled by an employee for at least 12 months, the agency
and the Union will be notified by the Objective Job Evaluation unit that
an evaluation review of the job will take place. The salary group will be
established as temporary pending the formal Master Evaluation
Committee review after a permanent incumbent has been in the job for
twelve months. After that formal review the salary group will be re-
adjusted up or down to its appropriate place on the line. If the points
indicate that the salary group should move down, current incumbents
will remain in the salary group that they were hired in and will move
through the maximum of that salary group; future incumbents will be
hired in at the appropriate salary group. If the points indicate that the
salary group should move up, current incumbents shall be upgraded and
the classification shall be placed in the higher salary group. In the case
of a bona fide emergency (e.g. health, safety, public welfare, immediate
loss of funding), a new class may be processed without a formal Master
Evaluation Committee review. The Objective Job Evaluation unit will
be notified when there is a bona fide emergency and will prepare a
91
preliminary evaluation for the class. If a position is assigned to a point
score higher than those contained in the appropriate unit agreement, the
position shall be assigned a salary group based on the pay line formulas
used to establish the point breaks contained herein.
C. Class Re-evaluation Hearing Process for Classes Studied under
the Willis Point System.
1. The Union but not an individual employee shall have the right to
appeal in writing to the director of the job evaluation unit by submitting
a complete description of those changes in job content/working
conditions that would be significant enough to affect evaluation.
2. When there is a determination by the OJE unit that there are
significant enough changes in job content/working conditions to affect
the evaluation of the class, the director will schedule an MEC hearing
within 60 days. This time frame may be extended for an additional 30
days by mutual agreement.
3. If the director determines that there are not significant enough
changes in the job content/working conditions, the OJE unit will notify
the agency and the Union.
(a) The Union (except P-5, NP-5, P-3A, P-3B and P-4 which shall be
covered by paragraph b) have the right to appeal the determination of
the OJE director to a mutually agreed upon arbitrator or permanent
umpire who shall be experienced in public sector position classification
and evaluation. He/she shall base his/her decision on the following
criteria:
92
(i) Whether there was a change in job content/working conditions of the
class appealed significant enough that it would change its evaluation
points.
(ii) Having found a significant enough change in job content/working
conditions, the class shall be presented to the Master Evaluation
Committee for evaluation.
(b) P-5, NP-5, P-3A, P-3B and P-4 class re-evaluation contract
language specified in their existing collective bargaining agreements
shall govern if the OJE unit finds that the changes in job
content/working conditions are not significant enough to affect
evaluation points.
4. The results of a Master Evaluation Committee class re-evaluation
hearing are considered to be the final evaluation for that appeal.
F. Classification Audit System
All classes that fall under the scope of the Objective Job Evaluation
program will be systematically reviewed every five (5) years and,
where there have been changes in job content, the job classification will
be up-dated. The classes will be re-evaluated if there has been a
significant enough change in the class responsibilities or working
conditions to affect evaluation points. The first classes to be studied
and implemented under this review will be any classes covered in the
NP-3 and P-2 studies. Because of a lack of an appeal process, NP-3 and
P-2 classes will have their benchmarks re-evaluated by the Master
Evaluation Committee.
93
Section Three - Placement And Training Committee
A. The parties reaffirm their commitment to maximize employment
opportunities for State employees and to mitigate the impact of layoffs
which may occur.
B. Except as modified below, the parties agree to continue the
placement and training program as provided for in SEBAC 3.
1. Funds not used in 1992-93 and 1993-94 shall be carried over into
subsequent fiscal years.
2. The joint labor/management committee established under this
Agreement to review the State's classification system shall make
recommendations on the future role of the placement and training
program.
3. An eligible employee who goes through the DAS placement process
and who is qualified for a higher position which is vacant and which
the State has decided to fill shall have preference for employment over
outside hires. An employee who takes a higher position under the DAS
placement process shall be paid at a rate that provides for a promotion
to the position.
4. An employee who takes a position in a lower salary grade as part of
the placement or on-the-job-training process shall be paid at the rate
within the lower salary grade which is closest to but not more than
his/her current salary, but not to exceed the maximum.
5. If an agency decides not to fill a vacant funded position with an
employee who is qualified to fill the position, then the Agency shall
state the reasons for not filling position to the Commissioner of
94
Administrative Services. The Commissioner of Administrative Services
shall make the final decision as to whether the employee shall be
placed into the vacant funded position. The provisions above which
provide for the placement at the direction of the Commissioner of
Administrative Services shall only apply to positions in the classified
service and to unclassified positions in the Departments of Corrections,
Social Services, Mental Retardation, Children and Families, Education
and Services for Blind, Public Health and Addiction Services and
Mental Health. Other employers and appointing authorities retain the
right to determine whether an individual shall be appointed to the
vacant funded position.
Section Four - Equity
A. Effective on each employee's anniversary date during the 1995/96
fiscal year, prior to the application of their annual increment, if any,
their salary grade shall be adjusted based upon the appendix d objective
job evaluation point breaks applicable to their bargaining unit. The
salary grade adjustment shall be made based upon the round up
method, i. e. the individual shall be placed in the new salary grade at
the step closest to but not less than her/his current salary.
B. Those employees on step one of their salary grade at the time their
classification is upgraded, pursuant to this agreement, shall remain in
their current salary grade until their next anniversary when they shall
move to the newly assigned salary grade through the round up method
defined in section 4.A above.
95
C. Notwithstanding Section 4.A, employees who are hired on or after
June 23, 1995 shall be hired at step one of the classification's salary
grade prior to this agreement and shall move with employees on step
one as provided in Section 4. B.
D. All employees hired after December 20, 1996, shall be hired at the
pay grades delineated in the appendices.
E. Notwithstanding Section 4.B, employees who are hired prior to July
1, 1994 and who as a result of a promotion are on step one of their
salary grade on their anniversary date in fiscal 1995/96 shall be
upgraded, pursuant to this agreement, on that anniversary date by an
amount equal to one half of the difference between their current step
one and the appropriate step one based upon this agreement. On their
subsequent anniversary date, the employees shall be moved to step one
of the higher group.
F. Shift, Weekend, or Overtime Differentials Any classification
currently eligible for overtime, weekend, or shift differential payments
shall continue to be eligible for same upon the implementation of this
Agreement. The purpose of this section is to ensure that no employee's
entitlement to overtime, shift, or weekend differentials, is diminished as
a result of this pay equity agreement.
G. Working Conditions All bargaining units shall be allowed to
negotiate stipends for working condition issues.
H. Red Circled Classes If a red-circled class has a parallel class which
has been assigned Willis points, the Willis points shall apply to the red-
circled class. Any upgrading that results from this Agreement shall take
place concurrently with the implementation of this Agreement. No one
96
in a red-circled class shall be downgraded as a result of this evaluation.
If there is no parallel class, the redcircled class shall be evaluated by
the Master Evaluation Committee. If there is an upgrading based on
Willis points assigned to the job, it shall take place retroactive to the
date of the implementation of this Agreement. No one in a redcircled
class shall be downgraded as a result of this evaluation.
I. Recruitment and Retention
1. Recruitment and retention issues may be addressed in negotiations
for a successor collective bargaining agreement in any collective
bargaining unit.
2. During the term of a collective bargaining agreement, if either party
believes a recruitment and retention issue exists which is not covered
by the terms of the collective bargaining agreement, the parties will
meet and discuss the issues and options for the resolution of the matter.
To determine whether a recruitment and retention issue exists, the
parties shall be guided by, but not limited to, the criteria set forth in
Appendix A.
3. If the parties reach an agreement over recruitment and retention
issues during the term of a collective bargaining agreement, any
adjustments in pay shall be effective and implemented on the date
specified by the parties.
J. Downgradings No classification or individual shall be downgraded
or red circled as a result of the implementation of the Objective Job
Evaluation Study.
97
Section Five - Long Term Equity In July 2005 a committee shall be
convened which shall report on the status of pay equity. This report
shall be made to the Governor, the General Assembly, and all state
employee union representatives. This committee shall determine if any
inequities based upon the race or gender of position incumbents has
been reestablished. The committee shall be comprised of six appointees
of the state employee bargaining agents, six appointees of the
Governor, and six appointees of the General Assembly.
Section Six - Disputes And Arbitration
A. Disputes Regarding General Provisions
1. There will be a labor-management review committee consisting of
two representatives of the unions which are signatories to this
Agreement, who shall be designated by the unions representing a
majority of the bargaining units and a majority of state employees, and
two representatives of the State employer.
2. Any dispute regarding the interpretation or application of the general
provisions of the agreement may be submitted to the labor-management
review committee, which shall meet to consider the dispute within two
weeks of the union's request. If the dispute is not resolved, the matter
may be submitted to final and binding arbitration. The arbitrator shall
be mutually agreeable to the parties. If the parties can not agree to an
arbitrator, one will be selected using the Voluntary Rules of the
American Arbitration Association. The expenses for the arbitrator's
services and for the hearing shall be shared equally by the parties.
B. Unit Specific Disputes. Disputes regarding the interpretation or
application of this agreement to a specific bargaining unit shall be
grieved under that bargaining unit's collective bargaining agreement.
98
CORRECTIONS UNIT OJE POINT RANGES
The following Objective Job Evaluation point to pay grade assignments
shall be effective beginning June 23, 1995 and as provided for in
Section 4 of the Scope Agreement.
GRADE POINT RANGE
1 0 127
2 136 140
3 141 155
4 156 168
5 169 182
6 183 197
7 198 213
8 214 229
9 230 246
10 247 264
11 265 282
12 283
16
99
APPENDIX D
MEMORANDA OF UNDERSTANDING
A.D. 2.11 EXCEPTIONS
It is understood each year that (1) up to three days of personal leave, (2)
up to three days of sick leave utilized in the event of death in the
immediate family and (3) up to five days of sick leave utilized in the
event of critical illness or severe injury to a member of the immediate
family creating an emergency shall not be counted as an occurrence of
absence under Department of Correction Administrative Directive 2.11
or Board of Parole Policy
TERM UTILIZATION
1. In all instances as used in this contract, references to institutions,
centers or prisons shall be changed to facility or facilities as
applicable within the context and intent of the provision.
2. Unless stated to the contrary elsewhere in this Contract, the words
facility or facilities as applied to the Board of Parole shall mean district
office(s).
IMPLEMENTATION OF CANINE CORPS
The parties agree that Correction Department employees who are
assigned to the canine corps operation will be required as a condition of
such employment to agree not to transfer out of that assignment for a
minimum of two years. This is an exception to Article 14, the hours of
work and work schedule article, in the current contract.
100
WEEKEND LEAVE TIME
Every effort will be made in the Department of Correction to grant
accrued leave time on weekends, upon request, if in the judgment of the
appointing authority, staffing is available, and that security or necessary
inmate programs are not jeopardized.
OUTSIDE DIRECT HIRE
The parties agree that the Department may from time to time exercise
the right to hire directly into a facility before utilizing the transfer list.
The Union shall have the right to grieve any pattern of abuse in the
exercise of the above right of the Department.
LEAVE DONATION
From time-to-time, on an as needed basis, bargaining unit members
may donate their accrued vacation and/or personal leave to a fellow
bargaining unit member who has at least six (6) months of State service
and has achieved permanent status and has exhausted his/her own
accrued paid time off, who is suffering from a long term or terminal
illness or disability. Said benefit shall be subject to review and
approval by the Director of Personnel and Labor Relations and shall be
applied in accordance with uniform guidelines as may be developed by
such Director.
SICK LEAVE
1. The Department of Correction agrees that the intent of the October
21, 1994 memo from Maria Houser was to prevent employees who
were out of work on sick leave from working overtime within that
101
twenty-four (24) hour period. The twenty-four (24) hour period is based
on the current practice of each facility in accordance with the facility's
accrued time off policy.
2. The Union accepts that employees may be required to provide a
doctor's note or appointment card to substantiate absences for medical
appointments that exceed work day.
ACCRUED TIME OFF
1. The Department will increase the allotted time off for Correction
Officers by one (1) slot for first and second shifts in an effort to allow
more time off opportunities per shift. Additionally, staff who work
third shift who have been denied a day off, will be allowed to call the
facility one (1) hour prior to the shift to inquire if there is sufficient
staffing. If it is determined that there is sufficient staff, they will be
granted time off on the third shift.
2. The Department reserves its rights to adjust allotted time off if the
inmate population at specific facilities significantly decreases or if
staffing complements are decreased at a facility, utilizing the formula
currently in place. Said information will be shared with the Union.
3. This agreement is made with the understanding that these items are
not negotiable. However, prior to implementing any change, the parties
will meet and discuss same.
SWAPS
The following Memorandum of Understanding will be placed in the
contract booklet for the NP-4 contract that will commence July 1, 2001
102
(reference is made to a stipulated agreement as a final resolution to
issues regarding DOC Swap policy, dated February 28, 2002).
Section One. NP-4 members shall be allowed to swap scheduled shifts
with other NP-4 members in the same classification at the same
worksite, as provided in this memorandum and the DOC Swap
Guidelines. Swaps shall not be permitted for any employee in the
working test period.
Section Two. A Swap Request Form shall be utilized by staff for this
purpose. Staff shall submit the swap request form to the designated
facility supervisor(s) at least forty-eight (48) hours prior to the first
shift of the proposed swap. The Department reserves the right to revise
the Swap Request form.
Section Three. The Swap Request Form must indicate an agreed-upon
swap payback date that is within seventy (70) calendar days of the
initial swap or within the maximum period allowed by law as
determined by the State Department of Labor, whichever is less. The
payback date must a day on which the employee is scheduled to be on
duty. Open-ended swaps and three-way swaps shall not be allowed.
Section Four. An employee actually working for another employee
while on a swap shall retain his/her seniority in the event of involuntary
overtime (holdover) being necessary.
Section Five. No employee shall work more than 16.25 consecutive
hours including swaps, except in an emergency situation.
103
PAROLE - PAGERS
1) When a Parole Officer is paged during their non-work hours by a
Parole Supervisor or by the answering service, the Officer shall be
eligible for one (I) hour of callback compensatory time if required to
make phone calls/faxes;
2) If the Parole Officer is paged during their non-work hours by a
Parole Supervisor or by the answering service, the Officer shall be
eligible for a minimum four (4) hours of callback compensatory time if
required to take further action such as picking up a parolee, going to a
police station or going to court;
3) Should a Parole Officer be paged during their non-work hours by a
Parole Supervisor or by the answering service on a State holiday,
Article 21 Holidays, shall apply for the accrual of callback
compensatory time. This shall not be used for the purpose of earning
any additional pay;
4) The Board shall continue its practice of providing tinted windows for
cars that have cages as long as DAS Fleet Services permits.
CORRECTIONAL FOOD SERVICE SUPERVISORS
1. In full and final resolution of the Class Revaluation appeal filed by
AFSCME Counci14 regarding the Correctiona1 Food Service
Supervisors classifications, the parties agree to the following:
2. The Correctional Food Service Supervisor class reevaluation
grievance filed by AFSCME (NP-4) and all pending State Prohibited
104
Practice complaints concerning Food Service scheduling and
classification issues are considered resolved and are withdrawn by the
Union.
3. All Correctional Food Service Supervisor I's hired on or prior to
August 1, 1997 shall be upgraded by reclassification to the
classification of Correctional Food Service Supervisor II effective
August 1, 1997 if they meet the experience and training requirements
of the CFSS II specification on that date. Those CFSS I's who were
hired on or prior to August 1, 1997 who were not eligible for upgrade
on August 1, 1997, based on their lack of necessary experience and
training, shall be upgraded by reclassification to CFSS II at the
beginning of the pay period immediately following their achievement
of eligibility.
4. Employees hired after August 1, 1997 into the classification of CFSS
I and are assigned to the following facilities: Osborn, Enfield, CRCI,
Willard/Cybulski, MacDougall, Hartford, York, Gates, Corrigan,
Cheshire, MYI, New Haven, Bridgeport and Garner shall be upgraded
to the classification of CFSS II after two (2) years of satisfactory or
better work performance. Satisfactory work performance shall be
considered to be two (2) consecutive Satisfactory or better evaluations
for their last evaluation periods and no disciplinary action on file for
the year prior to their second year anniversary.
5. CFSS III's, lead CFSS II's and CFSS II's at the York production
kitchen shall work a 5/2 schedule with weekends and holidays off
effective with the approval of the NP-4 successor Agreement.
105
6. It is agreed that the current Red-Circled status of non-lead CFSS II
position shall be removed and the Department of Correction and the
Department of Administrative Services shall revise the CFSS I and II
specifications to more accurately describe current Food Services duties.
New hires shall be placed into CFSS II positions as a CFSS I, as
described above, via Q-Item. All non-lead CFSS I's and II's shall be
considered as working in the same class for overtime equalization
purposes.
7. CFSS I's working in facilities where CFSS II's are the leads shall
have the right to transfer into larger facilities to secure promotional
opportunities before outside hires.
8. It is agreed that the Agency in conjunction with the Union and the
Department of Administrative Services shall conduct an independent
study on the Six (6) small facilities where the CFSS II's are the leads to
ascertain whether a need exists for a CFSS III. If it is determined that
the lead shall be a CFSS III, the working level at those facilities as
identified shall be CFSS III's.
9. The Union reserves the right to file grievances in those instances
where they disagree with the Agency's determination resulting from #7
above.
10. The Department of Correction and the Department of
Administrative Services reserves their rights concerning classification
and scheduling matters.
106
11. The Union reserves their rights to appeal any future classification or
scheduling issues in any form available to them.
MILITARY LEAVE
This is to clarify that, in accordance with Office of Labor Relations
General Notice 88-6, in order for Active Duty Training other than
Annual Training to qualify for paid military leave, the orders must be
accompanied by a statement from the unit commander that the training
will serve in lieu of fulfilling the employees yearly military training
requirements or that the employees participation in this calendar year
is required for the employee to remain a member of the Guard or
reserve unit.
Memorandum of Understanding (Article 10)
It is understood that outside hires will be offered vacant NP-4 positions
only after the transfer lists have been exhausted.
Albert J. Chiucarello /s/ 5/5/04 Paul Bodenhofer /s/ 5/6/04
For the Union Date For the State Date
David P Moffa /s/ 5/5/04 Jon T. Pepe 5/5/04
President Local 387 Date President Local 391 Date
Thomas Mulhall 5/5/04
President Local 1565 Date


107
APPENDIX E
UNIFORM SPECIFICATION AND ALLOTMENT
The number in parentheses next to the uniform item indicates the
quantity of the item(s) to be allotted.
CUSTODY UNIFORM
1. Shirts (7) A total of seven (7) long and/or short sleeve shirts; a
minimum of one (1) shirt shall be long sleeve.
2. Trousers (5).
3. Hat (1) Cap with insignia. (1) Arctic hat.
4. Belt (1) 1 " wide plain leather. A key safe will also be issued.
5. Necktie (2) Clip-on style.
108
6. Tie Clasp (1) The tie clasp is to be worn mid-way between the top
and bottom of the shirt pocket.
7. Jacket (1) With zip-out lining.
8. Sweater (1).
NOTE: Items one (1) through eight (8) may be in accordance with
specifications of previously issued articles until existing inventory are
exhausted.
9. Universal Precaution Pouch (1) Pouch to be worn on the belt. A
pair of disposable latex gloves and a CPR microshield shall be
maintained in the pouch and shall be replaced after use.
10. Department Shoulder Patch (1) Per shirt, sweater and jacket.
11. Badge (1) Embroidered per shirt, sweater, jacket.
12. Name Tag (1) per shirt, sweater, jacket.
13. Uniformed Correctional Treatment Officer. The silver initials
CTO shall be positioned on and parallel with the front edge of the
collar.
14. Body Alarms A body alarm shall be issued to each hazardous duty
staff.
15. Shoes (1 pair) Black shoes with black laces. Black military type
boots with black laces may be worn at the employee's expense. Trouser
legs shall remain outside when worn with a black military type boot.
Shoes will be supplied on a yearly basis. Employee may buy second
pair at the State rate.
109
16. Socks (7 pair).
17. Placement of Authorized Optional Accessories.
A. American flag and/or P.O.W./M.I.A. pin may be worn on shirt
centered directly under badge, with the base of the pin lined even with
the top left pocket seam.
B. Ribbon of valor/ribbon of distinction may be worn on shirt
centered above the name tag. When multiple ribbons are worn they
shall be placed one above the other.
C. Accreditation pin may be worn on shirt centered directly above
ribbon of valor/ribbon of distinction or above name tag.
D. Accreditation patch may be worn on the right shoulder 1" from the
top of the jacket and/or sweater.
E. Honor Guard pin may only be worn by a present or past Honor
Guard Member on the shirt centered directly over the ribbon of
valor/ribbon of distinction or above name tag.
G. K-9 shoulder patch may only be worn by an active K-9 member on
the right shoulder 1" from the top of the right shoulder seam or "
below any other patch.
H. Facility identification initial pin may be worn on the shirt centered
directly over the ribbon of valor/ ribbon of distinction or above the
name tag or may be worn on the collar.
I. " x 3" gold colored hash marks may be worn on the left jacket
sleeve. One hash mark for each five years of service.
110
J. A union pin shall be allowed for all union members.
K. No other uniform accessories shall be allowed unless authorized
by the commissioner.
18. Foul weather gear shall be provided as necessary.
19. Handcuffs, keys, flashlights, category I chemical agents, radios
and appropriate holders may be issued and worn on the belt as
necessary.
CORRECTIONAL MAINTENANCE, INDUSTRIES
AND COMMISSARY
1. Shirt (7) A total of seven (7) long and/or short sleeve shirts.
2. Trousers (5).
3. Belt (1) 1 " wide plain leather. A key safe will also be issued.
4. Department Shoulder Patch (1) per shirt, sweater, jacket.
5. Name Tag (1) per shirt, sweater, jacket.
6. Jacket (1) with zip out liner.
7. Universal Precaution Pouch (1) Pouch to be worn on the belt. A
pair of disposable latex gloves and a CPR microshield shall be
maintained in the pouch and shall be replaced after use.
8. Hat (1) Cap with insignia. (1) Arctic hat.
9. Badge (1) per shirt, sweater, jacket.
111
10. Foul Weather Gear Foul weather gear shall be provided as
necessary.
11. Sweater (1).
12. Shoes (1 pair) Black shoes with black laces. Black military type
boots with black laces may be worn at the employee's expense. Trouser
legs shall remain outside when worn with a black military type boot.
Employee may buy second pair at the State rate.
13. Socks (7 pair).
CORRECTIONAL FOOD SERVICE
1. Shirt (7) Long and/or short sleeve shirts.
2. Trousers (5).
3. Belt (1) 1 " wide plain leather. A key safe will also be issued.
4. Hat (1) Cap with insignia. (1) Arctic hat.
5. Jacket (1) with zip out liner.
6. Department Shoulder Patch (1) per shirt, sweater, jacket.
7. Name Tag (1) per shirt, sweater, jacket.
8. Universal Precaution Pouch (1) Pouch to be worn on the belt. A
pair of disposable latex gloves and a CPR micro-shield shall be
maintained in the pouch and shall be replaced after use.
9. Badge (1) per shirt, sweater, jacket.
112
10. Foul Weather Gear Foul weather gear shall be provided as
necessary.
11. Sweater (1).
12. Shoes (1 pair) Black shoes with black laces. Black military type
boots with black laces may be worn at the employee's expense. Trouser
legs shall remain outside when worn with a black military type boot.
Employee may buy second pair at the State rate.
13. Socks (7 pair).
HEALTH SERVICES
Direct hands-on care Health Services personnel shall be provided
scrubs and laboratory coats as appropriate. All direct care Health
Services personnel shall be required to wear a name tag.
1. Scrubs The scrubs shall be navy blue with round neck.
2. Laboratory Coats The laboratory coats shall be white short and/or
long sleeve.
3. Department Shoulder Patch (1 per laboratory coat) A navy blue
patch with gold embroidery to be worn 1" from the top of the left
shoulder seam.
4. Name Tag Navy blue with white lettering " x 3" to be centered
directly above right shirt pocket. It shall include the title, first initial
and last name of the employee.
113
5. Foul Weather Gear Foul weather gear shall be available as
necessary.
6. Badge (1) The authorized Department badge shall be an eagle style
badge. It shall be silver colored.
7. A Key Safe shall be issued.
114
APPENDIX F
SUPERCEDENCE APPENDIX
PROVISION CONTRACT
REFERENCE
STATUTE
REGULATION
AMENDED
Mileage reimbursement
shall be at the current GSA
rate rather than 31 cents
per mile subject to
readjustment.

Article 17, Section 4 State Travel Regulations

Eligible employees shall be
entitled to paid military
leave for required field
training not to exceed two
(2) calendar weeks and up
to seven (7) days for
weekend drills. In addition,
they shall be entitled to not
more than thirty (30)
calendar days for
unscheduled emergency
call-ups
Article 28 CGS 5-248 (c) and 27-33

A grant of use of sick leave
in the event of critical
illness or severe injury to a
member of the immediate
family not to exceed five
(5) days.

Memorandum of
Understanding regarding
Administrative Directive
2.11

Regulation 5-247-4(a)2


115
APPENDIX G
NP-4 CLASSIFICATION PLAN
SALARY CODE CLASSIFICATION
GROUP
CO-1 0349 Correction Officer Cadet
2297 Correctional Services Aide Trainee
*10% below Step 1 of CO-7
CO-4 2298 Correctional Services Aide
CO-5 2258 Correctional Commissary Operator Trainee
CO-7 2259 Correction Officer
2311 Correctional Commissary Operator II
2475 Correctional Food Services Supervisor I
2276 Correctional Stores Supervisor
7747 Social Worker Trainee-Correction
CO-8 2358 Correctional Carpenter
2370 Correctional Electrician
2371 Correctional Electronics
2368 Correctional Locksmith Technician
2246 Correctional General Maintenance Officer
2270 Correction HVAC Technician
116
SALARY CODE CLASSIFICATION
GROUP
2455 Correctional Industries Supervisor 1 (Clothing)
2459 Correctional Industries Supervisor 1 (Laundry)
2466 Correctional Industries Supervisor 1 (Upholstery)
2283 Correctional Mason
2260 Correctional Medical Attendant
2359 Correctional Painter
2252 Correctional Plumber and Steam Fitter
2357 Correctional Stationary Engineer
2279 Correctional Treatment Officer
CO-9 2372 Correctional Fire Service Supervisor
2364 Correctional Food Service Supervisor II
2234 Correctional Industries Customer Service Representative
2453 Correctional Industries Supervisor 1 (Auto Mechanics)
2454 Correctional Industries Supervisor 1 (Cabinet Making)
2468 Correctional Industries Supervisor 1 (Data Entry)
2366 Correctional Industries Supervisor 1 (General Industries)
2461 Correctional Industries Supervisor 1 (Markers)
2462 Correctional Industries Supervisor 1 (Printing)
2463 Correctional Industries Supervisor 1 (Sign Making)
2275 Correctional Stores Manager
1426 Correctional Head Commissary Operator
117
SALARY CODE CLASSIFICATION
GROUP
CO-10 2457 Correctional Industries Supervisor 1 (Furniture Refinishing)
2522 Correction Industries Supervisor 2 (Laundry)
2362 Correctional Maintenance Supervisor
CO-11 2361 Correctional Chief Stationary Engineer
2242 Correctional Industries Supervisor 2 (General Industries)
CO-12 2300 Correctional Counselor
2233 Correctional Electrical Supervisor
2299 Correctional Rehab. Svcs. Officer I
2557 Correctional Industries Supervisor 2 (Auto Mechanics)
2367 Correctional Industries Supervisor 2 (Clothing Shop)
0022 Correctional Industries Supervisor 2 (Data Entry)
2521 Correctional Industries Supervisor 2 (Furniture Shop)
2523 Correctional Industries Supervisor 2 (Marker Shop)
2524 Correctional Industries Supervisor 2 (Print Shop)
2525 Correctional Industries Supervisor 2 (Sign Shop)
2365 Correctional Food Service Supervisor III
2360 Corrections Psychiatric Treatment Worker
118
Department of Parole
PCO-1 2271 Parole Officer Aide
PCO-7 7371 Parole Officer Trainee
PCO-12 7373 Parole Officer 1
PCO-16 7372 Parole Officer 2
As of the date of signing the parties believe the above listing to be accurate. Should any
modification be necessary the parties agree to meet to achieve resolution. Such resolution
shall be reduced to writing by the parties.
*See page 127 for Correction Cadet (CC) rates.
119
STATE OF CONNECTICUT
BARGAINING COMMITTEE
Department of Correction
Remi Acosta
David Batten
Tracey Butler
Daniel Callahan
Bob Frank
Eileen Higgins
Lori Kolakowski
Carol Salsbury

Paul Bodenhofer.
Chief Negotiator
Office of Labor Relations

120
AFSCME COUNCIL 4
BARGAINING COMMITTEE
Albert Chiucarello
Chief Negotiator
AFSCME, Council 4
Local 387
David P. Moffa-President
Stephen Carbone
Dave Testa
Alvin Vernon
Local 391
Jon T. Pepe-President
Ed Moylan
Karl Von Eisengrein
Marie DeSousa
Mark Glenn
Local 1565
Tom Mulhall-President
Gene Tewksbury
Richard Anderson
Tom Caporale
Wayne Meyers
121
I
INDEX
Access
mail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 9
to bulletin boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
to information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
to mail boxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
to premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
to training class . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Accidental Death and Dismemberment . . . . . . . . . . . . . .. . . . . . . . . . 46
Accrued Time Off . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
ADA . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Affirmative Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
labor management topic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
AFSCME (see union) . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
AFSCME Representatives . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9, 11
Agency Service Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Americans with Disabilities . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Annual Increments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Appointing Authority
and weekend leave time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
criminal investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
filing service ratings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

II
may grant seniority credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
pregnancy, maternity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49, 50
shifts and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30, 31, 32
temporary assignments . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Arbitration . . . . . . . . . . 23, 24, 25, 26, 27, 42, 44, 58, 73, 74, 78, 81, 97
arbitrability . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25, 26, 27
arbitrators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24, 25, 26, 44
cost . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23, 24
dismissals . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23, 24
expedited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25, 28
final and binding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26, 44, 97
multiple cases . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
other than dismissal cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
pending cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
postponements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Arbitrator . . . . . . . . . . . . . . . . . . . . . . . . . . 24, 25, 26, 44, 74, 78, 91, 97
authority of . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26, 44
removal of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Badges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Blue Book . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28, 81
Board of Parole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .75-80, 82, 99
callback compensatory time . .. . . . . . . . . . . . . . . . . . . . . . . . . . 103
compensatory time . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
equipment for field services . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
firearms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .75, 76
holiday weekends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
labor management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
III
pagers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
provisions not applicable to . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
special assignments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78, 79
start of work day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
travel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75, 113
vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
weekend assignments . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . 79
workweek . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 79, 80
Bumping . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 19, 20, 69
pay rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Cadet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17, 114
Call Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Canine Corp
district office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Changes in Work Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Civil Leave . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Classification
grievances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26
new hires . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
revaluation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
temporary assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Classification Audit system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Classification Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . 115, 116, 117, 118
Compensation (see Salary)
IV
jury duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70, 71
Compensatory Time . . . .. . . . . . . . . . . . . . . . . . . 32, 47, 48, 77, 78, 103
Continuous Operations . . . . . . . . . . . . . . . . . . . . . . . . .18, 30, 31, 32, 34
exceptions to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Criminal Investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Custody Uniform . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106, 107, 108, 109
Damage to Personal Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Definitions
center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
district office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
institution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
prison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Demotion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5, 27, 30
Designated Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
holdover . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37, 102
normal operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45, 49, 57, 100
retirement . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17, 56, 57
Discharge . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5, 24, 27
grounds for . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 28, 29, 88

Disciplinary Actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
V
Discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24, 27-30, 57, 58
demotion . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5, 27, 30
discharge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5, 24, 27
grounds for . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 28, 30, 74, 88
investigation, interrogation . . . . . . . . . . . . . . . . . . . . . . . . . . 29, 30
privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5, 27-30
union representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20, 21, 29
Discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
age . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
creed . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
race . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3, 97
union participation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100, 101
Disparate Treatment . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . 4
Dress Code . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 59
Drug Testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82, 83
Positive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82, 83
probable cause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82, 83
refusal to take test . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
rehabilitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
return to duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Dues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-8
deductions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5, 6, 7
pay periods . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
remittance . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 6, 7
service fees . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 6
union treasurer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
VI
Duration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .84
legislative approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
Durational Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1, 69, 70
Entire Agreement . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . 2
opportunity to make demands . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Evaluations . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 13, 73, 103
during working test period . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 13
may not appealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Facilities
bulletin boards at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
filling new . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
food service supervisors at certain . . . . . . . . . . . . . . . . . . . . . . 103
mailings and handouts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
shift at new . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . 32
time off at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
transfer between . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15, 16, 17
union access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
use of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Family Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49, 50
Food Service Uniform. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .110, 111
Food Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
supervisor class reevaluation.. . . . . . . . . . . . . . . . . . . . . . . . . . .103

blue book . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28, 81
hazardous duty . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . 64, 81, 107
VII
indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7, 81
non-bargaining unit employees. . . . . . . . . . . . . . . . . . . . . . . . . . 82
polygraph . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 81
printing of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
replacement vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77, 82
supercedence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65, 81, 113
transporting inmates . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 43, 82
Grievance
amendments . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..20
defined as . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
informal discussions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21
time limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21, 22, 23
Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . 3, 5, 20-27, 55 78
arbitration . . . . . . . . . .23-27, 28, 43, 44, 57, 58, 73, 74, 78, 81, 97
definition of grievance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11, 27
informal discussions . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
job classification disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
steps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22, 23
subjects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2, 26, 27, 53
time limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21, 22, 23
Handouts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Harassment . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Health Services Uniform . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111, 112
Hold Harmless . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7, 82
VIII
Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46-49
dates of observance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
statute governing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
work not required . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
work required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Hours of Work . . . . . . . . . . .. . . . . . . . . . . . . . . 30, 31, 79, 80, 100, 101
at new facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
changes in work schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
continuous operations . . . . . . . . . . . . . . . . . . . . . . . . .18, 30-32, 34
non-continuous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
overtime (see also Overtime) . . . . . . . . . . . . . . . . . . . . . . . . .32-37
work week . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30-32, 34, 79
Identification Card . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 64
Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7, 82
Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 9, 67, 68, 101
Inmate Population
effect on accrued time off . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
Inmates . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . 32, 43, 82
during meal periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
transporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43, 77, 82
Insurance
accidental death and dismemberment . . . . . . . . . . . . . . . . . . . . . 46
health insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46, 68, 69
life insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45, 46, 69, 70
Investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29, 30
IX
criminal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Job Specifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Jury Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70, 71
work related . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Just Cause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17, 28
Labor Management Committee . . . . . . . . . . . . . . . . . . . . . . . . . . .51, 52
additional representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
department level . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
institution level . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51, 54
Parole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
staffing committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Layoff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-20, 26
bumping . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 19, 20, 69
recall . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Leave
donation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
for investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
maternal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49, 50
on weekends . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
parental . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 49, 50
personal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
pregnancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49, 50
vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55, 56
weekend leave time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
Leave Donation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .100
X
Leave for Investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29
Life Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45, 46, 68, 69, 70
disability leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45, 50
Lockout . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Longevity . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14, 40, 89
schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
Mailings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
Management Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Maternal Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49, 50
Meal Reimbursement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42, 43
Meals
inmates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32, 42, 43, 82
vending machines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Mileage Reimbursement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41, 113
Military Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65, 106, 113
drills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65, 113
orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
New Classifications
negotiations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2, 95
New Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17, 32, 42
Night Shift Differential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
XI
Objective Job Evaluation . . . . . . . . . . . . . . . . . . . . . . . . . . 44, 90-97, 98
classification audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
hearing process . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
point ranges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
red circled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95, 96
OJE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90, 91, 98
point ranges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
Orientation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12, 13, 14
Overtime
book system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34, 35, 36
called back to duty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36
consecutive shifts . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
designated work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
equalization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33, 35, 101
holdover . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37, 101, 102
no contact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33, 34
payment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32, 36
pyramiding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
removal of name . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . 35
voluntary distribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Parental Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Parole (see board of) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Pay Equity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90, 94, 97
Pay Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39, 40, 121
XII
Pension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15, 56
disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45, 50, 57, 100
medical certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57, 58
Performance Appraisal Form
ADA 42 U.S.C 2102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Personal Leave
A.D. 211 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .99
amount of . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
and holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50
during non-disability leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
members may donate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
Personnel Files . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67, 68
anonymous or derogatory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
copies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67, 75
department representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
rebuttal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Point Ranges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
Polygraph . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
XIII
Posting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Posting of Vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Pregnancy Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Printing of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Probation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Reevaluation . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 43, 44, 103
state may institute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Replacement Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77, 82
Reprimands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27, 28
oral . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27, 28
personnel file . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 27, 28, 67, 68
written . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Retirement Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26, 53, 54, 55, 62, 77, 90
disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Hazardous Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64, 81, 107
Health Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46, 68, 69
labor management committee . . . . . . . . . . . . . 3, 51, 54, 55, 75, 90
recommendations regarding improvement of . . . . . . . . . . . . . 54, 55
Salary
annual increments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
increase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39, 40
longevity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14, 40, 89
XIV
night shift differential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
overpayment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
part-time employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
provisional appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40
trainee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

working conditions stipend . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Salary Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45, 46
vacation separation. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
vacation pay . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Salary Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121

Savings Clause . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80, 81
Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90-97
excerpts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90-97
objective job evaluation . . . . . . . . . . . . . . . . . . . . . . . . . . .43, 90-97
Scope Agreement
ADA 42 U.S.C 2102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
joint committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Seniority
and trainee class . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
break in service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
broken by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17, 18
lists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
longevity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14, 40, 89
pension . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
stewards . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
XV
union officers . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
vacation scheduling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15
working test period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Service Ratings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30, 73-75
copies of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
overall unsatisfactory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74, 88
unsatisfactory . . . . . . . . . . . . . . .. . . . . . . . . . . 13, 29, 30, 74, 85, 88

Shift Assignments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Not released at the end of . . . .. . . . . . . . . . . . . . . . . . . . . . .37
Shift Transfer Lists. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18
outside direct hire . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 100
Sick Leave . . . . . . . . . . . . . . . . 29, 50, 57, 58, 68, 69, 99, 100, 101, 113
2.11 exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Doctor's note . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57, 58
overtime within 24 hours . . . . . . . . . . . . . . . . . . . . . . . . . .100-101
Staffing Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Statutes
ADA 42 U.S.C 2102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
agency fee CGS 5-280 . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 6
criminal investigation CGS reg 5-240-5a . . . . . . . . . . . . . . . . . . . 29
discipline, dismissal CGS 5-240 . . . . . . . . . . . . . . . . . . . . . . . . . . 30
family leave CGS 5-248a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
freedom of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
indemnification CGS 4-165; 10-235; 19a-24 . . . . . . . . . . . . . . . . 82
XVI

life insurance CGS 5-257 . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 69
military duty CGS 5-248(c); 27-33 . . . . . . . . . . . . . . . . . . . . . . . . 65
personal property damage CGS 5-142 . . . .. . . . . . . . . . . . . . . . . . 57
service ratings CGS reg 5-237-1 . . . . . . . . . . . . . . . . . . . . . . . . . . 73
uniforms personal appearance CGS 18-81 . . . . . . . . . . . . . . . . . . 58
vacation, longevity CGS 5-255, 256 . . . . . . . . . . . . . . . . . . . . . . . 14
Stewards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10, 11, 18, 29, 51
recognition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
role of . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 10
superseniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Stress Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Strike . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Supercedence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65, 81, 114
Suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5, 27, 30
Swaps . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101, 102
Temporary and Durational Employees . . . . . . . . . . . . . . . . . . . 1, 68, 69
durational employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1, 69
temporary employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1, 68
Temporary Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38, 39
basis for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38, 39
higher class . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38, 39
less than thirty days . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
notice of . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
XVII
reassignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Time Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21, 22, 23
Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12, 13
ACA accreditation . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 12
local training committees . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . 12
on-the-job . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . 93
scheduling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12, 13, 103, 106
union access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
Transfer . . . . . . . . . . . . . . . . . . . . 5, 15, 16, 18, 27, 35, 88, 99, 100, 103
Transfer List . . . . . . . . . . . . . . . . . . . . . . . .15, 16, 17, 99, 100, 103, 106
name placed on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15, 16, 17
outside direct hire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100, 106
removal of name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16, 36
Tuition Reimbursement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71-73
application for reimbursement . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Uniform Specification and Allotment . . . . . . . . . . . . . . . . . . . . . . . . 106
custody uniform . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
food service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110, 111
health services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111, 112
Uniform, Personal Appearance . . . . . . . . . . . . . . . . . . . . . . . . . 107-113
badges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
dress code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
employee identification . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 64
equipment return . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
XVIII
personal appearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58, 62
Union
business leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9, 10
leave . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 10
stewards . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 10, 11, 18, 29, 51
union participation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Union Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 9, 10, 11
Union Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Unsatisfactory Service Ratings . . . . . . . . . . . . . . . . . . . . . . . . . . . 30, 74
Vacancies . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 9, 15, 19, 34
posting of . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Vacations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55, 56
advance pay . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
carryover . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55, 77, 82
replacements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Weekend Differential
rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
while on leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Weekend Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
Work Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Workers' Compensation . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 14, 15
Working Conditions Stipend . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
XIX
Working Test Period . . . . 1, 13, 14, 17, 26, 28, 30, 69, 70, 73, 101, 102
injury during . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
seniority shall be retroactive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Zipper Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2


Maura Murphy-Osborne,

Dr. Cornel West of Princeton University may be able to testify in the upcoming trial. He
will be asked to clarifying the concept of Institutionalized Racism and The Destruction of
the Black Civilization by individuals like Yelmini, Ojakian and others. Dr. West and
Tavis Smiley are currently on a 15 City Poverty Tour.

He will also explain the actions of The Rowland Administration and the discriminatory
practices implemented by such republicans.

Also, he will be asked to synthesize the actions of Attorney Yelmini and the
implementation of the Rowland policy to use individuals such as
Wyman-Yelmini-Ojakian-Delaney-Lawlor-McDonald-Murphy-Harp-Walker-Dyson-Ar
mstrong-Frankl-Mastropeitro and others in Connecticut Government whom are
indifferent to the laws relating to civil rights of Negroes. This will entail the castes
system.{6,500 MLK Jr. Commission}

This witness will identify the influence of Caucasian political policies as it relates to the
poverty of the Negro, as in the instant complaint.

Dr. West has several books on the topic. Currently, he is on tour as I await his
acceptance to my invitation. I only need court dates to forward to his staff for his
availability.

In researching the mandatory issues in the rulings brought by or defended by Attorney
Yelmini as it relates credit for service etc., we can gather that the actions of the office of
the state comptroller in denying Negro benefits is intentional.

Please read the following notes. Attorney Yelmini had direct knowledge of my
retirement filings, as she was the negotiator that signed the 1995 SEBAC agreement on
behalf of former governor Rowland, only weeks after the filing of my federal complaint
in May of the same year, and the formation of the task force including Officer
Dzurenda(sic) of the Comptrollers retirement evaluation staff. The same people that
were instituted to bring my career down within DOC for my position relating to Negro
worker rights.

Although the complaint was defective in seeking damages from state employees in their
individual capacity, the facts are relevant and I will bring this in at trial. I have begun
review of this years June legislation passed by the general assembly. Thus far, I have
found four ambiguous phrases within the statutes and a couple that reveals a
uncomfortable level of duplicity. I will submit my filings and motions accordingly.

Certainly, as in my 1995 Complaint, I should have been a Pastor by now. I was accepted
to divinity school{What Constitutional Freedoms? Life, liberty etc.}. People like
Yelmini-Murphy-Lawlor-Harp etc.; not only have they failed within the law. Their
disregarding the law has adversely affected my life but the lives of all the people I could


have been helping {especially my own name sake incarcerated in your system and my
mother suffering from bone cancer} all these years through my non-profit foundation
{Its in the 1995 complaint}.

Government cronyism only reeks destruction in the world. ..seeking whom he can
destroy. I have joy in fighting ..principalities.evil And wickedness in high
places, joy knowing that I am apart of the We. and not apart of the ..evil and
wickedness... White people should stand up and take blame for their unlawful deeds.
This worked out for me like slavery. White people use the Negro as a resource for
public interest or building America. Just as in the instant, Negroes get nothing while
Caucasians get compensated. The ones like Dianne Pierpont get promoted and financial
increases for her task in the fraud and destruction of the Black Civilization.

Please notify the governor that while traveling across the country over the years
homeless, and taking the time to study the individual city governments across the
country in which I was homeless. I have developed an economic plan that will
undoubtedly benefit the state.

I have listened to Governor Malloys statements. Let him know, that he can give Rep
Walker more money to throw at the problem in New Haven. But, he is wrong.he is
very wrong. Tell him to open his mind, reports say he doesnt have a heart. If answers
come via a homeless man that the state has tormented for years only to be starring in on
your failures, he should listen. Yes, the cure for cancer is or may have come into the
world, but some stupid white guy only saw black and not the cure.
STATE OF CONNECTICUT
LABOR DEPARTMENT

CONNECTICUT STATE BOARD OF LABOR RELATIONS



IN THE MATTER OF
STATE EMPLOYEE BARGAINING
AGENT COALITION
DECISION NO. 4184
-AND-
SEPTEMBER 27, 2006
STATE OF CONNECTICUT, OFFICE OF
POLICY & MANAGEMENT, OFFICE OF
LABOR RELATIONS

Case No. SDR-24,003

A P P E A R A N C E S:

Attorney Daniel E. Livingston
For SEBAC

Attorney Ellen M. Carter
For the State




DECISION AND DECLARATORY RULING

On May 16, 2003 the State of Connecticut, Office of Policy and Management,
Office of Labor Relations (the State) filed with the Connecticut State Board of Labor
Relations (the Labor Board) a Petition for a Declaratory Ruling seeking a ruling
concerning the scope of bargaining required by the State Employee Relations Act (SERA
or the Act) concerning certain bargaining proposals made by the State Employee
Bargaining Agent Coalition (SEBAC).

After the preliminary administrative steps had been taken, the matter came before
the Labor Board for a formal hearing on May 10, 2004 and December 1, 2004. The
parties submitted a partial stipulation of facts and were allowed to present evidence,
examine and cross-examine witnesses and make argument. Both parties filed post-
hearing briefs, the last of which was received by the Labor Board on July 6, 2005.

The question presented by the Petition is whether the Unions bargaining
demands, made on April 17, 2003 and related to the impact of the States 2003 Early
Retirement Incentive Program (ERIP), are beyond the scope of bargaining between the
State and SEBAC under SERA. On the basis of the entire record, we make the following
findings of fact and we issue the following decision and declaratory ruling.

FINDINGS OF FACT
1. The State is an employer pursuant to the Act.
2. SEBAC is a coalition of State employee organizations pursuant to the Act.
3. The present petition was received by the Labor Board on May 16, 2003. (Ex. 1).
The petition involves SEBACs bargaining demands (Ex. 2) related to the States 2003
early retirement incentive program as follows:

1. The employer shall no later than May 1, 2003, offer to return all
laid off workers to their original positions.
2. Additional refills shall occur so that the total of returning and new
hires meets the standards set forth in the 1997 ERIP.
3. Separations resulting from the ERIP shall not be used to privatize
state work that otherwise would be prohibited by contract or statute
has those separations not occurred.
4. Members of the Alternate Retirement Program retiring during the
ERIP period, who would be eligible for the ERIP if they were
SERS members, shall receive an additional twelve percent of their
Final Average Earnings, as defined under the SERS, paid out as
three equal annual employer contributions to their retirement
account, on the dates reflected in subsection (e) of section 6 of
public act 03-2, if such is allowable pursuant to applicable law and
regulation, or as five equal annual lump sum payments, at the
employees discretion. Neither the costs of such a program, nor
any savings generated thereby, shall affect general fund
appropriations to the institutions of Higher Education.
5. Notwithstanding the provisions of subsection (c) of section 6 of
public act 03-2, members of the Teachers Retirement System
retiring during the ERIP period shall not be required to use their
credit towards age, rather than years of service, when such use is
not otherwise required to meet minimum retirement standards of
the Teachers Retirement System.
6. All employees in units affected by layoffs shall receive appropriate
compensation for additional responsibilities due to the ERIP being
imposed on top of layoffs. Compensation shall be proportional to
the additional work.
7. While awaiting recall, any laid off worker who had not yet found
financially equivalent employment shall receive a $100 per week
2
stipend providing such employee signs a Statement indicating
continuing interest in be recalled.
8. Any recalls and/or refills necessary to provide a safe workplace
shall occur immediately.
9. Any recalls and/or refills necessary to prevent unreasonable
workloads shall occur immediately.
10. Until every laid off worker in a bargaining unit has been offered a
return to his/her position, all bargaining unit work shall be
performed exclusively by bargaining unit workers.

4. The State Employee Retirement System consists of three basic plans: Tier I, Tier
II and Tier IIA (Exs. 40 42). Certain teachers employed by the State can opt to waive
participation in the State Employee Retirement System and become or remain a
participant in the Teachers Retirement System. There also exists an alternative
retirement plan known as TIAA-CREF, which is available to certain employees in the
higher education system and is a defined contribution plan as opposed to the defined
benefit plan offered by the State Employee Retirement system.

5. With the enactment of Public Act 86-411, bargaining concerning changes to the
State Employee Retirement System to be effective after July 1, 1988 was required to be
accomplished by negotiations between the State and a coalition committee representing
all unionized State employees. This legislation led to the formation of SEBAC.

6. In 1987 and 1988, the State Office of Labor Relations and SEBAC bargained for
a comprehensive pension agreement. This bargaining eventually led to arbitration and
the issuance of a lengthy award by Arbitrator James Healey in 1989. (Ex.17 (Excerpt)).

7. In 1989 the Legislature enacted an early retirement incentive program (Public Act
89-323)(Ex. 34) the provisions of which were not negotiated with SEBAC.

8. In 1991 the Legislature passed Public Act 91-265 requiring coalition bargaining
for health and welfare benefits to be effective on and after July 1, 1994. (Ex. 32).

9. In late 1991, during the administration of Governor Lowell Weicker, the State and
SEBAC entered into an agreement known as SEBAC II, which contained an early
retirement incentive program as well as provisions related to the recall of State
employees who had previously been laid off. (Ex. 35). During that time the State also
negotiated and came to agreements with individual unions representing State employees
concerning individual contract issues such as wage concessions and furlough issues.

10. In May 1992 the State and SEBAC entered into an agreement known as SEBAC
III addressing issues concerning the unfunded liability of the pension system as well as
the establishment of a placement and training committee and other issues such as re-
employment rights and limitations on position elimination. (Ex. 54).

3
11. In 1996 the State and SEBAC entered into an agreement known as SEBAC IV
that provided, among other things, for extension of the pension agreement through June
2000. (Ex. 18).

12. In early 1997 the State and SEBAC entered into an agreement known as SEBAC
V, which has effective dates of March 13, 1997 through June 30, 2017. (Ex. 19). During
negotiations for this agreement, the parties were able to come to agreement on pension
and health care issues but were unable to come to agreement on an early retirement
incentive program or domestic partner benefits. The resulting agreement contained the
following relevant language:

This Agreement is made by and between the State of Connecticut
(State) and the State Employees Bargaining Agent Coalition
(SEBAC) for the following purposes:
1. to modify the agreement between the parties known as SEBAC IV
dated May 26, 1995 as approved by the legislature.
2. to effect changes in the current pension agreement between the
parties and to comply with the reopener provisions of SEBAC IV;
3. to modify health insurance provisions of the current pension
agreement as may have been changed through the Health Care
Cost Containment Committee (HCCCC);
4. to permit negotiations and arbitration over an early retirement
incentive program and other related issues;
5. to permit negotiation and arbitration over domestic partners after
January 1, 1999.

Section 3 of the agreement entitled General Provisions provides in relevant part:
I. EARLY RETIREMENT INCENTIVE PROGRAM: Nothing in this
Agreement shall preclude the parties from initiating interim bargaining on
early retirement incentive programs and related issues.

13. Once SEBAC V was settled, the parties immediately reopened the agreement for
negotiations regarding an early retirement incentive program. Arbitration was initiated
and proceeded through several hearing dates. The arbitration proceedings broke off
because higher education employees refused to be bound by the arbitrators decision and
SEBAC then began discussions directly with the legislative leadership. The discussions
led to the passage of S.A. 97-21 enacting an early retirement incentive program of which
SEBAC approved. Thereafter the legislature enacted S.A. 97-322 of which SEBAC
disapproved because SEBAC interpreted the legislation as revising the job security
provisions of the previous law. Throughout this process in 1997 SEBAC took the position
that its approval was necessary to the implementation of any early retirement incentive
program. (Exs. 36, 37, 38 and 39).

14. On or about November 13, 2002, at the request of Governor John Rowland,
representatives of SEBAC met with the Governor and his representatives. At the meeting
4
the Governor proposed an ERIP as part of an overall savings and concessions package
with State employees. The day following that meeting the Governor announced the
layoff of approximately 3,000 State employees, which he said could be avoided only by a
concession agreement with State employee unions. On December 5, 2002 the Governor
set forth his specific plans for the layoff of 2,800 unionized employees absent a
concession agreement, and those layoffs began in January of 2003. Between November
1, 2002 and February 1, 2003 SEBAC had discussions with representatives of Governor
Rowland concerning planned layoffs and an early retirement incentive program. The
documents referenced as Exhibits 26, 27, 28 and 29 were discussed between the parties as
part of these informal concession discussions in late 2002 and early 2003 which
discussions were not negotiations under SERA. In December 2002 Governor Rowland
laid off 2,800 State employees, most of which became effective in January 2003.

16. On February 26, 2003, the legislature enacted House Bill 6495, An Act
Concerning Modifications to Current and Future State Expenditures and Revenues,
which became Public Act 03-2 after it was signed by the Governor on February 28, 2003.
(Ex. 4). Section 6(b) of P.A. 03-2 contained an Early Retirement Incentive Program
(ERIP) for State employees in the State Employee Retirement System (SERS).

17. On February 28, 2003, a letter was sent to Governor Rowland from Attorney
Daniel Livingston, representing SEBAC, stating, inter alia, SEBACs position that the
ERIP could not be implemented without SEBACs consent and offering to bargain. (Ex.
6). A second letter was also sent on that date to Governor Rowland from Attorney
Livingston about the Governors e-mail to State employees concerning the ERIP. (Ex.
7). No response from the Administration was ever received.

18. On March 11, 2003, a letter was sent to Linda Yelmini of the Office of Policy &
Management from Attorney Livingston with a copy of the grievance being filed by
SEBAC under the Pension Agreement about the implementation of the Early Retirement
Incentive Program. (Ex. 8) The Pension Agreement contains a provision for an
impartial arbitrator to decide disputes which may arise under this Agreement. (Ex. 9).

19. The March 11, 2003 letter from Attorney Livingston also stated we are at
impasse with respect to bargaining of the ERIP decision and its effects.

20. On March 18, 2003 SEBAC filed a notice of impasse (Ex. 10) to the State
Board of Mediation and Arbitration (SBMA) on the following issues:

a. The existence and nature of an Early Retirement Incentive
Program and related issues under the Agreement known as
SEBAC 5.
b. The impact of any such program.

21. The SBMA acknowledged the filing in a letter dated March 19, 2003. (Ex. 11).
5
22. On March 28, 2003 Special Act No. 03-2 was enacted by the legislature and
signed by the Governor on March 28, 2003. The Special Act modified two provisions of
the Public Act 03-2 Early Retirement Incentive Program legislation. (Ex. 5).

23. On March 31, 2003 a letter was sent to Attorney Livingston from Linda Yelmini
offering to discuss the impact of the legislative program. (Ex. 12).

24. On April 7, 2003 a letter was sent to Attorney Livingston from Linda Yelmini
requesting the list of the unresolved issues or proposals filed to arbitration or the claimed
impacts of the ERIP. (Ex. 13).

25. On April 17, 2003 a letter was sent to Linda Yelmini from Attorney Livingston
with an attached list of the demands that SEBAC was seeking to resolve through interest
arbitration. The demands are listed in Finding of Fact # 3. (Ex. 14).

26. On May 1, 2003 the SBMA referred the interest arbitration request to the
American Arbitration Association for the selection of an arbitrator. (Ex. 15).

27. The SEBAC grievance filed under the Pension Agreement was the subject of an
arbitration hearing on May 21, July 8 and July 30, 2003. The arbitration award was
issued on October 7, 2003 denying the grievance. (Ex. 16). Both the State and SEBAC
filed motions in court regarding the arbitration award. On March 31, 2005 the Superior
Court judge issued his decision (Ex. 63) on the parties motions regarding the arbitration
award (Ex. 16) on the SEBAC grievance. SEBAC filed a motion for reconsideration of
the decision.

28. The current collective bargaining agreement concerning pension and health care is
known as SEBAC VA, which incorporates except as otherwise indicated previous
SEBAC agreements dating back to the interest arbitration award of James Healy dated
September 8, 1989.

29. The State has implemented and continues to implement the ERIP contained in
Public Act 03-2 (Ex. 4) without SEBACs consent and despite SEBACs objection.

30. Since February 2003, the State has resolved contracts through negotiations or
arbitration with the NP-3, NP-4, MP-5 and P-2 bargaining units. Those contracts contain
provisions concerning layoffs and subcontracting. The successor contract between the
State and the New England Health Care Employees Union, District 1199, covering the
Health Care paraprofessional (NP-6) and professional (P-1) units was resolved by interest
arbitration and approved by the Legislature on May 23, 2005. The successor agreement
is effective July 1, 2005 through June 30, 2009. The Judicial Branch reached agreement
with their professional and non-professional bargaining units. The Vocational Technical
Schools reached agreement with their teachers and administrators.


6
31. The combination of the 2003 layoffs and the ERIP had a substantial impact on the
working conditions of certain State employees including increased workloads, forced
overtime and transfer to different work locations.

DISCUSSION
The sole question presented in this case is whether the list of impact bargaining
demands presented by SEBAC on April 17, 2003 constitute mandatory subjects of
bargaining between SEBAC and the State pursuant to SERA.
1
The State claims that each
item on SEBACs list is a non-mandatory subject in the context of bargaining between
SEBAC and the State pursuant to Conn. Gen. Stat. 5-278(f). SEBAC first argues that
the petition must fail procedurally because it does not seek to determine the mandatory
nature of the proposals, but rather asks whether bargaining about these obviously
mandatory subjects has been waived by an act of a union or the General Assembly; a
question appropriate only in a prohibited practice proceeding.

SEBAC also argues that the legislatures passage of the ERIP legislation triggered
not only the normal obligations to bargain over the impacts of the ERIP but also
triggered the reopener provisions of SEBAC V. Finally SEBAC argues that each item on
the list of proposals is a mandatory subject of bargaining, and in the context of the ERIP,
each is an appropriate matter for coalition bargaining.

We begin with SEBACs argument that the instant petition is procedurally flawed.
As properly stated by SEBAC, when presented with a scope of bargaining petition, we
determine only whether the particular proposal in question is appropriately labeled as
mandatory, permissive or illegal. We do not, in a scope of bargaining petition, determine
whether particular events or actions of the parties have waived the right to bargain about
an otherwise mandatory subject. Such questions are appropriate to the prohibited practice
proceedings of this Board. State of Connecticut, Decision No. 3155 (1993).

In this case, we find that the question posed by the State is an appropriate scope of
bargaining question. The State has asked us to determine whether SEBAC can insist on
coalition bargaining about certain topics pursuant to its statutory authority. The question
involves the interpretation of Conn. Gen. Stat. 5-278(f) and a determination of the
nature of these topics specifically in the context of that statutory section. As discussed
below, all scope of bargaining determinations begin with the statutory language imposing
bargaining obligations on the parties. Here, the State has asked for a determination of its
coalition bargaining obligations pursuant to a specific statutory section. This is an
appropriate question for a scope of bargaining petition and we reject SEBACs
procedural argument.


1
SEBAC specifically asserts in this case that it is not arguing about the legality of the passage and
implementation of the 2003 ERIP itself. Its claim in this case is limited to SEBACs right to bargain the
impacts of that legislation.
7
Turning to the substantive question, we start our analysis with the wording of the
statute granting collective bargaining rights to determine what subjects the legislature has
determined are mandatory subjects and which are permissive or even illegal. Collective
bargaining rights are created by statute and it is the statute in question that defines, at
least in general terms, the subjects about which the parties are obligated to bargain. Not
all collective bargaining statutes are identical and not all treat subjects the same.

Most scope petitions filed under SERA and the Municipal Employee Relations
Act (MERA) require this Board to interpret the language of Conn. Gen. Stat. 5-272(c)
and 7-470(c) obligating the parties to bargain about wages, hours and other conditions
of employment. Due to the broad nature of the phrase other conditions of
employment, we often employ a balancing test as enunciated by the Connecticut
Supreme Court in West Hartford Education Association v. DeCourcy, 162 Conn. 566
(1972) to determine the appropriate category for topics. By comparison, we employ the
same balancing test to determine the nature of topics under the School Board Teacher
Negotiation Act (TNA) which requires bargaining about salaries, hours and other
conditions of employment but specifically excludes certain topics from the definition of
hours and other conditions of employment. Conn. Gen. Stat. 10-153d(b).

In the case before us, we are faced with another statutory section, one not
previously analyzed by this Board in a scope of bargaining context. Although 5-272(c)
of SERA provides the general bargaining obligation as cited above, 5-278(f) states:

Notwithstanding any other provision of this chapter, collective bargaining
negotiations concerning changes to the state employees retirement system
to be effective on and after July 1, 1988, and collective bargaining
negotiations concerning health and welfare benefits to be effective on and
after July 1, 1994, shall be conducted between the employer and a
coalition committee which represents all state employees who are
members of any designated employee organization. (2) The provisions of
subdivision (1) of this subsection shall not be construed to prevent the
employer and any designated employee organization from bargaining
directly with each other on matters related to the state employees
retirement system and health and welfare benefits whenever the parties
jointly agree that such matters are unique to the particular bargaining unit.
(3) The provisions of subdivision (1) of this subsection shall not be
construed to prevent the employer and representatives of employee
organizations from dealing with any state-wide issue using the procedure
established in said subsection.

The language of the statute makes clear that, regardless of the mandatory nature of
certain subjects under 5-272(c) concerning bargaining between individual bargaining
units and the State, coalition bargaining is mandated in only two specific areas: (1)
changes to the state employees retirement system; and (2) health and welfare benefits.
Coalition bargaining is permissible for other subjects by agreement of the parties. This is
the statutory context within which we must analyze SEBACs demands.
8

We find that the clear language of 5-278(f) mandates bargaining only about
proposals directly addressing changes to the State employees retirement system and
health and welfare benefits. Unless the parties mutually agree to do so, all topics other
than those directly addressed to changes to the State employees retirement system and
health and welfare benefits are not subject to the impasse procedures of SERA under 5-
278(f). While we recognize that matters of position elimination, recall from layoff and
employee workload can be, and often are, closely related to and dramatically affected by
an ERIP, those subjects are not mandatory subjects of bargaining under 5-278(f) and
must be left to the bargaining process between the State and individual bargaining units if
the State does not agree to coalition bargaining on such topics.

Notwithstanding the language of the statute, the record is clear that coalition
bargaining has occurred repeatedly since 1989 concerning subjects that do not directly
address changes to the state employees retirements system and health and welfare
benefits. In this regard, the State and SEBAC have bargained about recall rights for laid-
off State workers, placement and training committees and limitations on position
elimination. This history of bargaining, and in some cases agreement, about these topics,
however, does not change our analysis in this case. Whatever the parties have agreed to
negotiate in the past, and the statute makes clear that they are free to do so by agreement,
this case concerns what subjects SEBAC may insist on bargaining about when the State
refuses to do so.

This brings us finally to the effect in this case of the parties agreement in SEBAC
V permitting negotiations and arbitration over an early retirement incentive program and
other related issues. SEBAC argues that the 2003 ERIP invokes this clause in the
agreement and thus, its proposals are mandatory subjects of bargaining in this context.
We disagree that these subjects are converted to mandatory subjects of bargaining by the
parties agreement. We have previously ruled that the nature of a subject of bargaining
does not change based upon circumstances, events or agreement of the parties. In State
of Connecticut, supra we found that salary proposals remained a mandatory subject of
bargaining under 5-272(c) for purposes of a scope of bargaining determination even
though salary proposals fell outside the reopener provision of the parties agreement.
Likewise in Shepaug Valley Regional School District, Decision No. 3677 (1999), we
determined that a wage proposal remained a mandatory subject of bargaining in spite of
the fact that the Union had inadvertently failed to include a wage proposal in its last best
offer. In each case, we said that the appropriate forum for determining the parties
bargaining rights in those circumstances was in a prohibited practice proceeding where
the Board could determine if the parties had waived or otherwise given up their right to
bargain about a mandatory subject of bargaining. In this case, the proposals at issue must
be analyzed without regard to the parties agreement in SEBAC V. The fact that other
related issues is included in the contract language does not convert SEBACs impact
proposals to mandatory subjects of bargaining.

We now turn to the individual proposals made by SEBAC in April 2003.
9
Proposals 1 3
The first three proposals on SEBACs list concern recall of laid-off workers,
staffing levels and prohibitions against privatization. None of these topics directly
addresses changes to the State employees retirement system or health and welfare
benefits. As such, each is a non-mandatory subject of bargaining pursuant to 5-278(f).

Proposals 4 5

The proposals in items 4 and 5 of SEBACs list concern additional benefits to be
afforded to employees participating in the Alternate Retirement Program and the
Teachers Retirement System. Neither of these proposals directly addresses changes to
the State Employees Retirement System or health and welfare benefits. As such, each of
the proposals is a non-mandatory subject of bargaining pursuant to 5-278(f).

Proposals 6 10
The proposals in items 6 through 10 of SEBACs list concern compensation for
additional work, stipends for laid off workers, recall and refill requirements and a
prohibition against transfer or subcontracting bargaining unit work. None of the
proposals directly addresses changes in the State employees retirement system or health
and welfare benefits. As such, each of the proposals is a non-mandatory subject of
bargaining pursuant to 5-278(f).
10


DECLARATORY RULING
By virtue of and pursuant to the powers vested in the Connecticut State Board of
Labor Relations by the State Employee Relations Act, it is hereby

DECLARED that: SEBACs ERIP impact bargaining demands made on April
17, 2003 constitute non-mandatory subjects of bargaining.

CONNECTICUT STATE BOARD OF LABOR RELATIONS
John W. Moore, Jr.
John W. Moore, Jr.
Chairman

Patricia V. Low
Patricia V. Low
Board Member

Wendella A. Battey
Wendella A. Battey
Board Member
11
CERTIFICATION

I hereby certify that a copy of the foregoing was mailed postage prepaid this 27
th

day of September, 2006 to the following:

Attorney Ellen M. Carter
OPM-OLR RRR
450 Capitol Avenue
MS53OLR
Hartford, CT 06134

Attorney Daniel E. Livingston
Livingston, Adler, Pulda & Meiklejohn
& Kelly, P.C. RRR
557 Prospect Avenue
Hartford, CT 06105

________________________
Jaye Bailey, General Counsel
CONNECTICUT STATE BOARD OF LABOR RELATIONS
12
SEBAC 2009
AGREEMENT
-between-
STATE OF CONNECTICUT
-and-
STATE EMPLOYEES BARGAINING AGENT COALITION (SEBAC)
In order to assist in resolving the financial issues currently facing the State of Connecticut
while preserving public services, the State of Connecticut and the State Employees
Bargaining Agent Coalition agree to the following provisions.
I. RETIREMENT INCENTIVE PROGRAM 2009
There shall be a Retirement Incentive Program (2009 RIP) offered to full-time and
part-time State employees, as described herein, in addition to the normal retirement
program.
A. Eligibility Rules.
The following members of the State Employees Retirement System (SERS) shall
be eligible to participate in the program:
1. All full-time and part-time State employees other than employees eligible for
hazardous duty retirement under Section 2 herein:
a) Who will be at least fifty-five (55) years of age on or before June 30,
2009; and
b) Who are on active status on the payroll on the day prior to retirement;
and
c) Who have at least ten (10) years of actual state service in SERS, which
shall consist of time worked and may not include purchased service
credits or credits transferred from another employer; and
SEBAC 2009
04-21-09 1
d) Who retire directly from employment and begin immediately receiving
normal or early retirement benefits under Tier I, Tier II or Tier IIA; and
e) Whose effective date of retirement is June 1, but no later than July 1,
2009, except as provided in B below; and
f) Who are not employees of state aided institutions as defined in Conn.
Gen. Stat. 5-175, quasi-public agencies, operators of vending stands
covered by Conn. Gen. Stat. 5-175a, teachers at E. O. Smith School,
elected officials or employees of the United States Purchasing and
Finance Office; provided, however, that employees of the Connecticut
Lottery Corporation who are members of the SEBAC bargaining units
or individuals who were classified state employees at the Division of
Special Revenue and who are employed by the Connecticut Lottery
Corporation shall be eligible for the Retirement Incentive Plan.
2. All full-time employees who are members of SERS, who are eligible for
hazardous duty retirement, regardless of age, and:
a) Who are on active status on the payroll on the day prior to retirement;
and
b) Who and have a minimum of twenty (20) years of actual hazardous
duty state service in the SERS; and
c) Who retire directly from employment and begin immediately receiving
normal retirement benefits; and
d) Whose effective date of retirement is June 1, but no later than July 1,
2009, except as provided in B below.
Members of the Teachers Retirement System (TRS) who are on active status on
the payroll on the day prior to retirement; who will be at least fifty-five (55) years
of age on or before June 30, 2009; who retire directly from employment and begin
immediately receiving retirement benefits under TRS; and whose effective date of
retirement is July 1, 2009 if employed as a teacher or administrator by the
Connecticut Technical High Schools, and June 1, but no later than July 1, 2009 for
all others, shall be eligible for the RIP as provided in D below.
Members of the Alternate Retirement Program (ARP) who are on active status on
the payroll on the day prior to retirement; who will be at least fifty-five (55) years
of age on or before June 30, 2009; who have at least ten (10) years of actual State
service; who retire directly from employment; and whose effective date of
SEBAC 2009
04-21-09 2
retirement is June 1 but no later than July 1, 2009 shall be eligible to participate in
the RIP as provided in D below.
B. Effective Dates of Retirement.
1. All retirements under the program shall be effective June 1, but not later than
July 1, 2009 except as provided below. In all cases in which the retirement
date is deferred as provided below, the extended service shall be credited.
2. The effective date of any retirement shall be July 1, 2009, for instructional
faculty and administrators of the Connecticut Technical High Schools and the
States Unified School Districts. The extended service shall be credited.
3. For Judicial Marshals and Supervising Judicial Marshals who satisfy the
requirements of Paragraph A above, the effective date of any retirement shall
be June 1, but no later than July 1, 2009; provided, however, that this date
shall be extended to August 1 for any Judicial Marshal or Supervising Judicial
Marshal who needs the additional time to meet the ten-year service
requirement.
4. For state employees on active military duty who meet the eligibility rules for
the RIP the effective date of any retirement shall be deferred for not more than
ninety (90) days after their discharge from active military service. The
extended service may be credited provided the employee purchases such
military service credit on or before their deferred retirement date.
5. The effective date of retirement may be deferred on a case by case basis for:
a) Employees of the Office of the State Comptroller within the
Retirement Services Division who have primary responsibility for
retirement benefit calculations and purchasing, and employees of the
Office of the State Comptroller within the Health Care Policy and
Benefit Services Division who have primary responsibility for
administration of employee benefits, to not later than June 1, 2010;
and
b) Upon the request of the Personnel Policies Subcommittee of the Joint
Committee on Legislative Management, employees of said Committee
determined to be critical to the legislative process, to not later than
September 1, 2009; and
SEBAC 2009
04-21-09 3
c) With the approval of the Secretary of the Office of Policy and
Management, employees of said office determined to be critical to the
legislative or budgetary process, to not later than September 1, 2009.
SEBAC 2009
04-21-09 4
A. Incentive.
SERS members: Eligible employees who retire in accordance with the terms of
the RIP shall have up to three (3) years of service added to their service for
purposes of benefit calculation under SERS. Additional years of service granted
to eligible participants pursuant to the 2009 RIP shall not be deemed service for
any other purpose.
TRS members: Eligible employees who retire in accordance with the terms of the
RIP, and who meet the TRS requirement for normal, early or proratable
retirement, shall have up to three (3) years added to their service for purposes of
benefit calculation, up to the maximum benefit allowable under the TRS plan.
Additional years of service granted to eligible participants pursuant to the 2009
RIP shall not be deemed service for any other purpose.
ARP members: Eligible members of the Alternate Retirement Program who are
eligible for and retire in accordance with the RIP shall be paid the sum of six
thousand dollars ($6,000) (prorated for part-time employees compared to the full-
time assignment for the position) in three equal annual installments of two
thousand dollars ($2,000) each one in July, 2012; one in July, 2013; and one in
July, 2014.
D. Restrictions.
1. For purposes of this program, a full-time employee is one who works thirty-
five (35) or more hours per week in a full-time position. An eligible part-time
employee is one who works more than one-half time determined by their
collective bargaining agreement or, where undefined, a minimum of seventeen
and one-half hours per week for more than five (5) months per year.
2. Actual paid wages, not projected wages, shall be used in all benefit
calculations. Furlough days or the equivalent shall be treated as voluntary
schedule reductions pursuant to Conn. Gen. Stat. 5-248c and wage credit for
such days shall be in accordance with current practice. Accrued vacation days
at the date of retirement shall be credited in accordance with current practice.
3. Disability retirement and employees eligible for terminated vested retirement
benefits are excluded from this program.
E. Payments for Accrued/Unused Sick and Vacation Days.
SEBAC 2009
04-21-09 5
1. An eligible employee participating in the 2009 RIP shall be eligible for
payment of accrued and unused vacation and/or sick leave in accordance
with existing rules modified as follows: One-third of the amount owed an
employee shall be paid in July of 2012, one-third in July of 2013 and one-
third in July 2014.
2. The State may, at its option, make the payment in one installment on or
before July 1, 2012 if the amount of the payment is less than two thousand
dollars ($2,000).
3. A higher education unit may, at its option and from its own funds, on a
case-by-case basis, make the payment in one installment at any time.
II. MODIFICATIONS TO SEBAC V (As Previously Modified by SEBAC 5-A)
A. Prescription Co-pays.
1. The Parties agree to implement a Three Tier Prescription Drug Formulary
effective July 1, 2009 for active employees covered by the Plan. This
Formulary shall be applicable to employees who retire on or after July 1, 2009
except such employees who retire under the 2009 Retirement Incentive
Program as described in this Agreement. Current retirees shall continue to be
covered by the existing prescription drug benefit plan.
2. The Healthcare Cost Containment Committee shall have overall responsibility
for the participation of the parties in the implementation of the plan.
3. The employee co-payments for the 3 Tier Formulary shall be $5 for a generic
drug; $10 for a preferred brand name drug; and $25 for a non-preferred brand
name drug. A non-preferred brand name drug will be available with a $10 co-
pay based upon medical necessity as certified by the members physician in
accordance with the Pharmacy Benefit Managers (PBM) process.
4. The prescription benefit plans will have mandatory generic substitution except
that a physician may authorize an override based upon medical necessity
certified by the physician in accordance with the PBMs process.
5. There shall be a transition period commencing July 1, 2009 during which
employees shall receive communication materials explaining the new
Formulary program. The transition period shall be ninety days measured from
July 1, 2009 during which time patients who were taking non-preferred brand
SEBAC 2009
04-21-09 6
name drugs for an ongoing medical condition beginning before July 1, 2009
shall pay the $10 preferred brand name drug co-pay.
B. Active Employee Health Care Premium Cost Sharing.
1. Effective 7/1/09 employee premium shares set forth in SEBAC 5A, shall be
increased by $350 per year for all forms of coverage and vendors.
2. Effective 7/1/10, the percentage shares produced by the 7/1/09 change shall be
applied to the total premium to determine the employees 7/1/10 premium
shares.
3. The parties recognize that the above two adjustments will produce employees
premium percentages that vary slightly by vendor, which is an unavoidable
result during the current vendor contract period, but which the parties agree to
remedy. Therefore, effective 7/1/11, the premium percentages shall be
recalculated using weighted averages to produce the percentages that will
apply for plan year 2011-2012 and all future years for all vendors under the
agreement.
C. Preferred Plan.
1. The Preferred plan shall be closed to new admissions, with the following
exceptions only:
a. Any retiree under the 2009 Retirement Incentive Program may select
the Preferred plan upon retirement. A retiree who does not select the
Preferred plan at that time may not select the Preferred Plan at any
time in the future.
b. Thereafter, any employee who was enrolled in the Preferred plan
immediately prior to retirement may elect to remain in the Preferred
plan upon retirement. If the retiree subsequently selects another plan,
the retiree may not in the future return to the Preferred plan.
2. The closing of the Preferred plan shall have no impact on Out of Area
coverage.
SEBAC 2009
04-21-09 7
D. Co-pays for Preventive Care.
1. Well child care visits shall continue to be $0 co-pay
2. Effective 7/1/09, the following preventive care visits shall have their co-pays
decreased to $5 per visit:
a. Adult physical examinations pursuant to the carrier/plan schedule
b. Routine gynecological examinations, including examination and pap
smear, pursuant to the carrier/plan schedule
E. Retiree Health Care.
1. The following shall replace the provision entitled Retiree Insurance for
Employees hired after July 1, 1997 in SEBAC V.
Retiree insurance for employees who have less than (10) years of
actual state service as of July 1, 2009. An employee who has less than
ten (10) years of actual state service as of July 1, 2009, shall not be
entitled to health insurance as a retired state employee unless and until the
combination of their age and actual state service equals seventy-five (75)
or more. Provided, however, any employee who retires on or after July 1,
2009, who directly transitions from employment to retirement and begins
receiving a Normal or Early Retirement Benefit shall be entitled to health
insurance as a retired state employee if they have ten (10) or more years of
actual state service. Further provided, any current employee who is age
fifty-two (52) or older as of July 1, 2009 who directly transitions from
employment to retirement and begins receiving a Normal or Early
Retirement Benefit shall be entitled to health insurance as a retired state
employee in accordance with existing practice.
An employee who is eligible for and begins receiving a work-related
Disability Retirement Benefit shall be entitled to health insurance as a
retired state employee regardless of his/her number of actual state service.
Nothing herein restricts the ability of an employee to begin receiving his/
her retirement or deferred vested pension at an earlier time in accordance
with plan provisions. An employee who terminates state service and does
not immediately begin to receive his/her pension shall be entitled to the
same health insurance benefits as active employees receive at the time he/
SEBAC 2009
04-21-09 8
she begins to receive pension payments. Provided, however, laid off
employees and employees who leave state service because there is not a
fair assurance of continued employment shall be entitled to retiree health
insurance at such time they are entitled to and begin receiving an Early or
Normal Retirement Benefit under the plan. Nothing herein shall change
the method of calculation of service for part time faculty of the constituent
units of higher education.
2. Employee contributions to fund retiree health care:
a. Effective 7/1/2009, all new health care eligible employees shall, during
their first ten (10) years of employment, contribute three percent (3%) of
their salaries to a fund established for the provision of health care
coverage to retired state employees.
b. Effective 7/1/2010, any health care eligible employee with fewer than five
(5) years of service shall also make such contributions until he or she has
reached 10 years of employment.
c. The following applies to the above requirement for contributions:
i. Adjunct faculty in higher education who are intermittently eligible for
active employee health care shall not be required to make the above
contributions; provided, however, that if any such employee ever
qualifies for retiree health care, he or she will be required to pay back
such contributions for the full ten (10) qualifying years.
ii. An employee who waives active employee health care is not relieved
of the requirement to make the contributions to fund retiree health
care. The requirement to make these contributions applies unless the
employee provides a waiver of the right to retiree health care, in such
form as the State requires, and, in connection with said waiver,
provides documentation of direct coverage for retiree health coverage
by some other source. The waiver may not be revoked unless the
coverage which was the premise for the waiver becomes unavailable
other than by the choice of the employee; provided, however, that the
employee will be required to pay such contributions for the full ten
(10) qualifying years.
SEBAC 2009
04-21-09 9
d. Contributions prior to July 1, 2013 shall be available as to reduce
budgeted General Fund payments for retiree health care.
e. Contributions are refundable to employees who leave state employment
prior to completing 10 years of service. If any such employee is
reemployed, the employee shall be required to make contributions for ten
(10) years starting with the date of reemployment. If requested,
contributions shall be refunded on or after the employees separation,
except that the state may withhold refunds until July 2012 and in such case
shall pay three percent (3%) per annum interest between the date of
separation and the July 2012 payment.
f. The parties agree to establish an appropriate trust fund to allow for pre-tax
contributions towards retiree healthcare in order to carry out the intent of
this agreement.
F. Self Insurance.
1. The State may in its sole discretion provide health care benefits on an insured
or self-insured basis, or any appropriate combination of funding bases. Such
decision shall not be appealed or arbitrated in any forum by SEBAC, any
constituent union or state employee.
2. In the event that the State decides to self-insure, costs for the purpose of
employee premium cost sharing shall be the putative rates approved by the
Health Care Cost Containment Committee as the best reasonable predictors of
actual rate experience each fiscal year, and shall not be adjusted up or down
on the basis of actual claims experience for that year.
G. Deferral of States Contributions to SERS and OPEB.
1. The States contribution of $14.5 million, budgeted in 2008-09 for payment
toward the States OPEB liability, shall be deferred to the first fiscal year
following approval of this Agreement in which there is a budget surplus
projected on January 1.
SEBAC 2009
04-21-09 10
2. The State shall contribute to the State Employees Retirement System $50
million less in FY 2009, and $64.5 million less in FY 10, than the amount
previously certified by the Plans actuary and provided to the General
Assembly for the 2008-09, and 2009-10 years, respectively. These amounts
shall be added to the unfunded past service liability and funded in accordance
with the Plans funding method.
III. SCHEDULE REDUCTIONS AND SCOPE FIVE-YEAR AUDIT DATES
A The implementation date for results of the second round of five-year audits and
the Master Evaluation Committee process (or the non-DAS equivalent of the
MEC process) shall be deferred to July 1, 2011. There shall be no retroactivity
prior to July 1, 2011.
B. Voluntary leaves and schedule reductions pursuant to Conn. Gen. Stat. 5-248c
shall be granted more liberally between now and June 30, 2009. For example, the
Governor will direct DAS to suspend the requirement that such voluntary leaves/
schedule reductions may not be taken in full day increments and will encourage
agencies to approve requests for such leaves/schedule reductions which can occur
without undue disruption to services or costs that reduce savings. The approval or
denial of a request for a voluntary leave or schedule reduction remains in the
discretion of the agency and shall not be subject to any grievance or arbitration
procedure of any collective bargaining agreement.
IV. JOB SECURITY
A. Job Security for OLR-Covered Units.
1. The following job security provisions shall apply to all OLR Covered units
which agree or have agreed to contracts or modified contracts in accordance
with the April 6, 2009 Recommended Agreement on Financial Issues And
Framework for Job Security including the provisions for wages and furlough
days which are summarized in Attachment A.
2. From the date of this Agreement and through June 30, 2011, there shall be no
loss of employment for any bargaining unit employee hired prior to July 1,
SEBAC 2009
04-21-09 11
2009, including loss of employment due to programmatic changes, subject to
the following conditions:
a. Protection from loss of employment is for permanent employees and does
not apply to:
i. employees in the initial working test period;
ii.those who leave at the natural expiration of a fixed appointment term,
including expiration of any employment with an end date;
iii.expiration of a temporary, durational or special appointment;
iv.non-renewal of a non-tenured employee (except in units where non-
tenured have permanent status prior to achieving tenure);
v.termination of grant or other outside funding specified for a particular
position;
vi.part-time employees who are not eligible for health insurance benefits.
3. This protection from loss of employment does not prevent the State from
restructuring and/or eliminating positions provided those affected bump or
transfer to another comparable job in accordance with the terms of the
attached implementation agreement. An employee who is laid off under the
rules of the implementation provisions below because of the refusal of an
offered position will not be considered a layoff for purposes of this
Agreement.
4. The State is not precluded from noticing layoff in order to accomplish any of
the above, or for layoffs outside the July 1, 2009-June 30, 2011 biennium.
5. The Office of Policy and Management and the Office of Labor Relations
commit to continuing the effectiveness of the Placement & Training Process
during and beyond the biennium to facilitate the carrying out of its purposes.
6. The State shall provide $ 2.5 Million in FY 09, and $5.5 Million and FY 10,
State to the Placement and Training Committee in order to provide additional
resources for carrying out the States commitments under this agreement and
to facilitate the Placement and Training processes.
B. Implementation Provisions for SEBAC 2009 Job Security for OLR Covered
Units.
The process outlined in this section is a supplement to the October 18, 2005
Placement and Training Agreement and is designed to govern the procedure
utilized in situations where there are employees covered by the Placement and
SEBAC 2009
04-21-09 12
Training Agreement who are impacted by a decision to close a state facility or
make other programmatic changes which would have resulted in the layoff of
state employees but for the Job Security Provisions of SEBAC 2009, and transfers
necessary to deal with workload issues necessitating the transfer of state
employees to different work units, locations or facilities. The provisions
hereunder shall expire as of June 30, 2011, except as provided in 3-c below,
unless extended by mutual agreement of the parties. The State will continue to
provide the longest possible advance notice as provided in Section 7d of the
Placement and Training Agreement to the unions and employees impacted by
such decisions. The process described below shall be known as the Job Security
Implementation (JSI) Process.
1. There shall be a three-phase process as follows:
a. Phase I. The State shall use its best efforts to attempt to combine the
placement and transfers of individuals in the event of multiple closings
and programmatic changes occurring within a the same period of time to
maximize the likelihood of success.
i. Initially affected employees would enter the Placement and Training
(P&T) process.
ii.May use normal P&T rights.
iii.In addition, the Secretary of OPM shall use best efforts to make
comparable jobs available within acceptable geographic radius
(defined below). Such jobs will typically be in the affected
employees bargaining unit.
iv.Comparable jobs within the same bargaining unit shall be initially offered
to affected employees on the basis of layoff seniority as defined in
their collective bargaining agreement and, if necessary, state service.
v.Any affected employee not accepting a comparable job then goes to Phase
II.
b. Phase II. The collective bargaining agreement (CBA) process begins.
Initially affected employees and/or secondarily affected employees may
then exercise their rights under the CBA. The CBA process ends when
either (1) the affected employee(s) has a comparable job; or (2) the
affected employee(s) chooses to waive further contractual displacement
rights and enter phase III.
SEBAC 2009
04-21-09 13
c. Phase III. Finally any remaining affected employee(s) would enter the
P&T process.
i. May use normal P&T rights.
ii.In addition, Sec. of OPM uses best efforts to make comparable jobs
available within acceptable geographic radius (defined below). Such
job will typically be in the affected employees bargaining unit.
iii.Comparable jobs within the same bargaining unit shall be initially offered
to affected employees on the basis of layoff seniority as defined in
their collective bargaining agreement and, if necessary, state service.
iv.If no comparable job available within the acceptable geographic radius,
the finally affected employees will be offered other jobs within the
acceptable geographic radius on a temporary basis until comparable
job available, and are red-circled in original pay-grade.
v.Employee may be offered training through the P&T Committee as a way
of moving employee to a position comparable to the one lost.
vi.No employee shall have a right to a promotion under this process.
vii.Affected employee refusing an assignment within the acceptable
geographic radius during phase 3 of the process may be laid off, but
will have all usual rights of laid off employees.
2. Relevant definitions which apply to this process only and shall not be utilized
for any other purpose:
a. Comparable job means one with similar duties and the same or
substantially similar biweekly salary range. The requirement to offer a
comparable job shall not be met if the target job requires a hazardous duty
retirement covered employee to move to non-hazardous duty retirement
employment, or vice versa.
b. Acceptable geographic radius for Phase I means a one way commute
equal to the greater of his/her present commute or thirty (30) miles from
his/her work location at the time of notice. During Phase III, acceptable
geographic radius means a one-way commute equal to the greater of his/
her present commute or thirty (30) miles from his/her home.
3. Priority, Working Test Period Issues, and Related Issues
SEBAC 2009
04-21-09 14
a. Employees needing positions through the process outlined in this Section
B (as compared to the normal P&T process) have priority over other
claimants to position based on the SEBAC 2009 job security provisions.
Provided, however, seniority under the CBA may be utilized for the
purpose of shift selection in the target facility.
b. Where a job is offered to comply with the rules of this Section which
would require the completion of a working test period, failure of the
employee to successfully complete that working test period will return the
employee to the process outlined in this Section B, unless the reasons for
the failure would constitute just cause for dismissal from state service.
c. The process outlined in this Section B terminates as of June 30, 2011, or
when there is no employee remaining with rights to the process, whichever
is later.
4. Dispute Resolution
a. Work now, grieve later applies as usual to JSI related grievances.
b. Placement &Training Committee to convene for emergency advisory
procedure if employee claims he or she is being inappropriately laid off in
violation of the JSI procedure.
c. Any arbitration necessary to resolve a claim that an employee is being
denied a suitable comparable assignment under this agreement shall
receive priority processing for purposes of assignment of an arbitrator, a
hearing date, and resolution of the arbitration. Any dispute or arbitration
under this agreement shall be under the SEBAC agreement process.
5. Transfer Implications
a. Where staffing disproportions are caused by the RIP or for other reasons
agreeable between the affected bargaining unit and the State, the process
outlined in this Section B will be used to eliminate the necessity of a
transfer (directly or through layoff notice). If there is more than one
employee in the impacted classification, the State shall ask the employees
SEBAC 2009
04-21-09 15
in layoff seniority order and, in the event there are no volunteers, the
junior employee shall be transferred.
b. In cases where involuntary transfers occur, affected employees shall have
the right of first refusal to return to their prior geographic locations prior
to an equivalent position being offered at the prior geographic location to a
less senior person.
C. Job Security for Units Not Covered by OLR.
1. Job security for other units has been or shall be negotiated on a unit-by-unit
basis consistent with the April 6, 2009 Recommended Agreement on Financial
Issues And Framework for Job Security, including the provisions for wages
and furlough days which are summarized in Attachment A.
V. TRIGGERS FOR FURTHER ACTION
A. The State and SEBAC agree as follows:
1. For the purposes of this provision, following adoption of the budget, the
Comptrollers revenue projections shall be used in deciding whether one of
the following may occur.
2. If the projected revenue from all sources to the General Fund and Special
Transportation Fund is $300 million or more below that in the final adopted
budget, and the Governor exercises any rescission authority, the following will
occur:
a. Emergency convening of SEBAC and representatives of the
administration to consider potential savings in addition to those listed
below.
b. Joint measures taken to encourage voluntary schedule reductions.
c. The States contribution to the state employees retirement plan may be
reduced by up to $100 million annually.
3. If the projected revenue from all sources to the General Fund and Special
Transportation Fund is $350 million or more below that in the final adopted
budget, and the Governor exercises any rescission authority, in addition to the
measures in 2 above, the effective date of SCOPE shall be delayed to FY2012.
SEBAC 2009
04-21-09 16
B. The State and SEBAC further agree that if the number of full-time employees
who retire under the 2009 RIP is below 3000, the State may reduce its
contributions to unfunded liability (pension or OPEB) up to $100 million
annually, at the following points, in the amounts stated:
2,750 up to $8.25 million
2,500 up to $16.50 million
2,250 up to $24.75 million
2,000 up to $33.00 million
1,750 up to $41.25 million
1,500 up to $49.50 million
1,000 up to $57.75 million
500 up to $66.00 million
250 up to $74.25 million
0 up to $92.50 million
Any deferral of unfunded liability taken under this provision shall be subtracted
from the $100 million annual amount provided in A-2 above for the fiscal year in
which it is applied.
SEBAC 2009
04-21-09 17
VI. TENTATIVE AGREEMENT, SUBJECT TO RATIFICATION AND
APPROVAL BY THE GENERAL ASSEMBLY
By their signatures below, the parties indicate that this tentative agreement has
been approved by the governor, and recommended by SEBAC Leadership for
ratification by the membership. SEBACs final approval is subject to a post-
membership vote by SEBAC Leadership in accordance with SEBAC rules. This
agreement is further subject to the approval of the General Assembly in
accordance with the provisions of Connecticut General Statutes 5-278(b).
__________________________________ ______________________________
Daniel E. Livingston, Chief Negotiator Saranne P. Murray, Chief Negotiator
SEBAC State of Connecticut
Dated this ____ day of April, 2009.
SEBAC 2009
04-21-09 18
ATTACHMENT A
PROVISIONS OF THE APRIL 6, 2009 RECOMMENDED AGREEMENT ON
FINANCIAL ISSUES AND FRAMEWORK FOR JOB SECURITY
CONCERNING WAGES AND FURLOUGH DAYS
The State and SEBAC recognize that wages and furlough days are negotiated on a
bargaining unit basis by the union designated as the exclusive bargaining
representative for that unit. However, the State and SEBAC have agreed that the
following parameters shall apply to all units seeking the job security protections of
the SEBAC agreement.
A. The following parameters shall apply to wage agreements through June 30, 2012
(or June 30 2013 for two units whose previously settled or arbitrated agreements
result in an end date of June 30, 2013).
1. Units whose contracts are not settled for 2008-2009 will receive a 3% general
wage increase (GWI) on time, as well as annual increments (AI) or previously
negotiated top step bonuses (TSB) on time. There shall be no change in
contracts previously settled or arbitrated for 2008-2009, with the exception of
the negotiated revision of the arbitration award for the NP-2 bargaining unit.
2. For the contract year 2009-2010:
a. Higher education units, with the exception of the community college units,
and unsettled contracts shall take a hard freeze (no GWI, no AI or
equivalent and no TSB). The community college units may negotiate an
alternative but may not change the overall financial parameters set forth
herein.
b. Bargaining units with settled contracts may take a hard freeze (no GWI, no
AI or equivalent and no TSB) or a soft freeze (no GWI in this year, and no
AI or equivalent and no TSB in 2010-2011).
3. For the contract year 2010-2011:
SEBAC 2009
04-21-09 19
a. For units with a hard freeze in the prior year (2009-2010):
i. Those that had settled contracts with wage increases in 2009-2010 will
slide the 2009-2010 increases to 2010-2011.
ii. The pattern for those that did not have settled contracts with wage
increases for 2009-2010 will be a 2.5 percent GWI on time, AI or
equivalent delayed three months, and status quo TSB delayed three
months.
b. For units with a soft freeze in the prior year (2009-2010), the GWI not
received in that year will be effective for the 2010-2011 contract year.
4. For the contract year 2011-2012:
a. Those that had settled contracts with wage increases in 2010-2011 will
slide the 2010-2011 increases to 2011-2012.
b. The pattern for those that did not have settled contracts with wage
increases for 2010-2011 will be a 2.5 percent GWI on time, AI or
equivalent delayed three months, and status quo TSB delayed three
months.
5. For the contract year 2012-2013:
a. Those that have settled or arbitrated contracts with wage increases in
2011-2012 will slide the 2011-2012 increases to 2012-2013.
b. This provision shall apply only to the two units whose contracts had end
dates in 2012.
6. The State and SEBAC agree in principal that all unit contracts will be closed
out through the end of fiscal year 2012, with the exception of the units
referenced in 5-b above.
7. It is understood that language issues negotiated under the parameters of this
Agreement will no involve any more than de minimus cost.
SEBAC 2009
04-21-09 20
B. Unit agreements shall contain provisions for all employees to take seven furlough
days or the equivalent, subject to the following:
1. One furlough day must be taken prior to June 1, 2009. Three furlough days
shall be taken in each of the next two fiscal years FY2010 and FY2011.
2. Where possible, offices will be closed on the following dates, and employees
in such offices will take a furlough day on such dates:
May 22, 2009
July 6, 2009
November 27, 2009
December 24, 2009
July 2, 2010
November 26, 2010
December 27, 2010
3. Specific arrangements as to furloughs and what constitutes the equivalency of
a furlough shall be worked out in individual unit agreements.
4. Furlough days shall be treated in the same manner as voluntary schedule
reductions under Conn. Gen. Stat. 5-248c.
SEBAC 2009
04-21-09 21


Please attach and forward this to the office of the Governor. This is Andrew
McDonalds statement to the press regarding the laws of the state of Connecticut.

I need to know about the observance of the laws affecting my being out on the streets as
opposed to Mr. Cozzolino being in his home.

It would also be helpful for the Governors Office if they could explain the artificial
reduction as opposed to flattening. In 1995 Attorney Yelmini and the Unions agreed
to flatten, which as it relates to Negroes were artificial reductions, in the case of
disability compensation.

Make sure you remind me to contact the organization(s) in the article for opinion on the
matter. Just send me an email to remind me (TO DO) when I get back next week. I
have to get going.

Pull the Jones and Trinkley Connecticut State Supreme and Appellate courts rulings. I
believe that 5-142(a) benefits are to be generous and are distinct and separate from
Chapter 568. They are to enhance I think. The flattening may relate to the discretion
the WCC has in 568. They dont have that in Disability Compensation. The
ELECTION is to the injured employee and the benefits are Mandatory.

Thank you. Will call you when I get ready to return..

P.S. First the hail storm, then a quake and now a hurricane, just wait for the fire.
Its like God is saying: Let my Anthony go. Smile.
If I have to be homeless. Let everyone be homeless. Oh, I do pray that
the evil that they do will be visited upon all the people.

ANDREW MCDONALD
We are very confident that the laws of the state of
Connecticut have been observed and have been implemented
according to their terms and intentions, said Andrew
McDonald, legal counsel for Gov. Dannel P. Malloys office.
We are confident that when this matter is heard by the judge
on Sept. 15 this case will be dismissed.



UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
ANTHONY MCKNIGHT SR. FILE NO. 3:10cv1471(MRK)
Plaintiff,
v.
DATE: SEPTEMBER 9, 2011
STATE OF CONNECTICUT, ET. AL.
Defendant,
PLAINTIFFS RESPONSE TO DEFENDANTS OPPOSITION TO PLAINTIFFS
MOTION FOR INJUNCTIVE RELIEF FROM STATE OF
CONNECTICUT/SEBAC REVISED JULY 22, 2011 AGREEMENT

In response to defendants reply to Plaintiffs motion for injunctive relief. This
federal court has Jurisdiction in the instant matter as The United States Court of Appeals,
First Circuit, United States District Court in Rhode island rulings on the Evictions Act
retained jurisdiction in matters involving contracts between state employees and the State
of Rhode Island. The cases are entitled National Education Association Rhode Island
v . Retirement Board of Rhode Island Employee Retirement Systems et. Al., cited in
court as, 890 F. Supp 1143 (1995) and 972 F. 100 (1997). The Court of Appeals case is
cited as 172 F. 3d 22 (1999).
In a 1990 case involving the cities of East Providence and Warwick, Hoffman v. City
of Warwick, the federal 1st Circuit Court of Appeals in Boston said that non-contractual
benefits not yet received were not legally protected property:
It is unclear whether the legislature can pass and lawfully enforce an
amendment that adversely affects an individual who has satisfied the
age and years-in-service requirement, but has not yet retired,
It must therefore stand to reason that contractual benefits received are legally protected
property. However, Artificial Reductions may now supersede the Constitutional Rights
of individuals.
1
Artificial reductions as stated in Attachment D of the 2011 State of
Connecticut/SEBAC Agreement gives rise to Equal Protection, Contract, Property, and
Due Process violations. Artificial Reductions, being artificial could qualify as a Bill
of Attainder or as any mechanism, as it is artificial. The laws therefore themselves
can be artificial as to allow for artificial reductions.
''Bills of attainder . . . are such special acts of the legislature, as inflict capital
punishments upon persons supposed to be guilty of high offences, such as treason
and felony, without any conviction in the ordinary course of judicial proceedings. If
an act inflicts a milder degree of punishment than death, it is called a bill of pains
and penalties. . . . In such cases, the legislature assumes judicial magistracy,
pronouncing upon the guilt of the party without any of the common forms and
guards of trial, and satisfying itself with proofs, when such proofs are within its
reach, whether they are conformable to the rules of evidence, or not. In short, in all
such cases, the legislature exercises the highest power of sovereignty, and what may
be properly deemed an irresponsible despotic discretion, being governed solely by
what it deems political necessity or expediency, and too often under the influence of
unreasonable fears, or unfounded suspicions.''
Judicial acts or decisions may not avail themselves to review by the courts. However,
legislative acts or laws are reviewable. The term artificial reductions is vague and
ambiguous and may yield to vast interpretations without the benefit of reason or rationale
by the legislative, executive, judiciary and quasi judiciary elements of government,
eliminating the balance of powers.
While in Connecticut, United States District Court- Hartford held jurisdiction in
recent rulings regarding SEBAC v. John Rowland {3:03-cv-00221-AVC}. The court
found in SBEAC v. Rowland that the legislature and executive branch had the right to
layoff employees it didnt opinion on the merits of the legislature or the executive branch
as having the right to artificially or otherwise reduce the employee staffing levels as it
relates to those employees entitled to pension benefits pursuant to 5-142(a) or 5169(i) of
the Connecticut General Statutes. The 2011 contract agreement has become law, and thus
restricts the contractual relationship provided for in Connecticut General Statutes 5-
142(a), 5-169(i), and Article 10 Section 1, as well as various Amendments to the United
States Constitution.
The language within the contract between the State of Connecticut and SEBAC is
ambiguous and violates plaintiffs Constitutional Rights. 5-142(a) entitlements are
accrued pension liabilities. They are entitlements created in statute, are mandatory, not
2
discretionary. The plaintiff was subsequently separated from state service as a result of
exposing these violations in May 1995. {See 395cv00962 RNC McKnight v State of
Connecticut 1995}.
The following are artificial reductions signed by then Labor Negotiator with
OPM Attorney Linda Yelmini, now of the State Office of the Comptroller
Retirement Division, Referenced in the State of Connecticut/ SEBAC 1995 Contract:
Pension Funding
a. The parties agree that as of the June 30, 1995 actuarial valuation, the
actuarial value of assets shall be reset to the market value of assets with a
phase-in to the five year average asset method over the ensuing four years.
The increase in asset value as a result of this restart of the asset valuation
method will reduce the unfunded accrued liability. This reduction shall be
funded over 36 years based on the level percentage of payroll amortization
method and present period. This reduction in funding shall be used to
reduce the level of contribution otherwise resulting from the June 30, 1995
valuation (and future valuations) and the funding policy now in place
pursuant to the existing agreements between the parties. The initial year's
reduction in contribution shall apply to 1996-1997.
b. The employer's contributions to the State Employees Retirement System
("SERS") for unfunded accrued liability shall be as follows for the next four
fiscal years:
Fiscal Year 1996-97 S152,000,000
1997-98 S164,150,000*
The unfunded pension liability referenced in SEBAC 1995 relates to the artificial
reduction of The Negro pension benefits. During the time preceding Caucasian officer
Cozzolino pension determination, the aforementioned artificial reductions demonstrates
the reductions referencing Negroes and not Caucasians as the Negro, Plaintiff Anthony
McKnight pension was as stated artificially reduced as represented or contained in the
fiscal year statement.
These entitlements referenced in Connecticut General Statute 5-169(i) states in
pertinent part: If a member qualifies for disability compensation pursuant to C.G.S.
5-142(a){Chapter 65} he shall be credited with service hereunder and shall not be
deemed to retire, until he elects to retire.
The Supreme Court of the State of Connecticut in Trinkley v. State of Connecticut and
Jones v. State of Connecticut outlined these benefits as mandatory, separate and distinct
benefits from disability retirement {Chapter 66} or workers compensation {Chapter
3
568}.
As it relates to artificial reductions for example: workers compensation is an
ambiguous phrase at best, as workers compensation benefits are chapter 568 and
discretionary, while 5-142(a) pension benefits are mandatory, where Chapter 66 pension
benefits are negotiable.
The 5-142(a) pension entitlements are the only pension benefits among the three
which are set by statute, therefore being an entitlement qualified for by the
beneficiaries, the only requirement for the pension benefit was established by law as
mandatory and qualified as an Election for the injured employee and not an election
that escheats to the State. In Jones v, State of Connecticut, and Trinkley v. State of
Connecticut it is clarified by the State Supreme/Appellate Courts.
The statute 5-142(a), and 5-169(i) gives that right to the injured employee, white or
black. These benefits cannot be artificially reduced, they are and were Fraudulently
reduced. {See 395cv00962 RNC}. At no time has the defendant, State of Connecticut
presented any material in any proceeding which qualified for retirement election. At
no time has the State of Connecticut petition for the revocation or reduction of this
pension as C.G.S. 110a provides.
The State of Connecticut has artificially reduced plaintiffs pension benefits using
approximately five different artificial separation of service dates{1993 April 26-
Department of Corrections, Dianne Pierpont Claimants Amended Complaint Appendix
C, 1993 September 19- Medical Primary Physicians Report Claimants Amended
Complaint Appendix D, 1993 December Discontinuation of Healthcare benefits
Department of Administrative Services/Department of Corrections Claimants Amended
Complaint Appendix E, 1994- Linda Fowler Correspondence DOC Claimants Amended
Complaint Appendix D, 2009 Retirement Division-Workers Compensation- Comptrollers
Office Claimants Amended Complaint Appendix B, Department of Corrections Mitch
Drabik 1995 Correspondence Claimants Amended Complaint Appendix D.} The service
dates on the separation form presented at the Delaney hearing has artificial service
dates as the hearing itself is an attempt at artificially reducing plaintiff benefits.
The representation by defendant counsel regarding resignation as opposed to the
plaintiffs statutory entitlement to retire at his election and to obtain credit for service is
4
another attempt at artificial reductions and substantially reduces plaintiff pension
entitlements.
As stated in The Constitution of the United States: .The validity of the public
debt.., authorized by law, ..including debts incurred for payment of
Pensions.. shall not be questioned. {Claimants Amended Complaint Appendix E,
Occupational Injury Report and Executive Order 38} However, in the matter regarding
similarly situated Negro Corrections Officers, the Caucasian injured officers whom are
unable to return to duty, like Michael Cozzolino of the State Department of Corrections,
are allowed the privilege or right to elect pension benefits that are not artificially
reduced or questioned.
The Defendant State of Connecticut has never presented any material or stated facts
nor was it ever claimed that it was in the best interest of the public and state government
that White injured officers similarly situated as Negroes should receive their pension
benefits while the injured Negro Officer should not receive his pension benefits.
For all of the reasons stated in defense counsels objection brief relating to rearguing
issues; the defendant State of Connecticut should not be allowed to change its position.
Where the law requires a trial and petition for felony or treason conviction by the
Attorney General Office by which a reduction or revocation of pension entitlements may
occur. The State of Connecticut has never argued this position and should be barred from
doing so now.
Artificial Reductions, can only be discretionary, which is provided for and
protected within Chapter 568 of the Connecticut General Statutes within the jurisdiction
of the Workers Compensation Commission, and the were defendants claim for sovereign
immunity lies. However, 5-142(a) pension benefits are Chapter 65 entitlements and does
not allow for defendant sovereign immunity claims of discretion as these pension
entitlements are mandated by statute and the sole election of the plaintiff, and must be
removed or revoked by the Superior Court upon petition by the Attorney General of the
State of Connecticut.
In the alternate, and if it is later to be the position of the defendant State of
Connecticut, the plaintiff requests of this court to take judicial notice of the date of the
statute C.G.S. 110a., revoking or reducing pensions, as it was instituted in reference to
5
State of Connecticut v. Perez.
The date of the enactment and eventual prosecution using such statute:

(1). post dates the plaintiffs eligibility retirement date which is being withheld by the
defendant State of Connecticut.
(2). fails to process the plaintiffs requested statutory retirement application(s).
Although Chapter 66 allows for limited immunity, as those property benefits are
negotiated and allowed to fluctuate, the benefits established in 5-142(a) can only be
removed through statutory due process and is only allowable prior to the establishment
of pension benefits. The defendant at no time stated nor determined that the plaintiff
Retired as required by law:
(1). There was no negotiated pension or voluntary agreement entered into by the
parties.
(2). The refusal of Defendant Retirement Commission to retire the plaintiff as did
the commission similarly situated Caucasian officers violates plaintiffs constitutional
rights pursuant to The Equal Protection Clause, of the Fourteenth Amendment and Article
1, Section 10: The Contract Clause, as the pension entitlements are established by statute
and therefore are not subject to artificial reductions under the language of the State of
Connecticut 2011/SEBAC.
The Contract Clause appears in the United States Constitution,
Article I, section 10, clause 1. It states in relevant part:
No state shall .pass any bill of attainder, ex post facto
law, or law impairing the obligation of contracts
The Fourteenth Amendment in relevant part:
Section 1. All persons born or naturalized in the United States,
and subject to the jurisdiction thereof, are citizens of the
United States and of the State wherein they reside. No State
shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States; nor
shall any State deprive any person of life, liberty, or property,
without due process of law; nor deny to any person within its
jurisdiction the equal protection of the laws.
Section 4: The validity of the public debt of the United
States, authorized by law, including debts incurred for
6
payment of pensions ., for services in suppressing
insurrection or rebellion, shall not be questioned.
Equal Rights Under The Law {1983}:
All persons within the jurisdiction of the United States shall
have the same right in every State and Territory to make and enforce
contracts, to sue, be parties, give evidence, and to the full and equal
benefit of all laws and proceedings for the security of persons and
property as is enjoyed by white citizens, and shall be subject to like
punishment, pains, penalties,.
The plaintiff has proven irreparable harm:
1. By defendants artificially reducing plaintiffs pension benefits,
the defendants violated plaintiffs pension entitlements. Plaintiffs
admission and tuition to Shaw Divinity was suspended indefinitely
since 1994-5. {395cv00962 RNC}
2. The artificial reductions, violated plaintiffs pension and property
rights of which caused the foreclosure of property owned by the
plaintiff at 152 Lamberton Street, New Haven, Connecticut.
{395cv00962 RNC}
3. Irreparable harm is currently being done to the family of the
plaintiff. The artificial reductions violated the pension entitlement
rights granted by statute, which would allow plaintiff the opportunity
to tend to his mother whom is dying of cancer. These violations by
defendant may also be considered cruel and unusual punishment for
the individual reporting such violations in 1995 against the then
Rowland Administration. {395cv00962 RNC}
4. 395cv00962 RNC was filed on May 9, 1995. The defendant State
of Connecticut, knowingly issued an artificial, fraudulent
SEPARATION OF STATE SERVICE Form on May 23, 1995. It
does not meet the standard of retirement required by law.
In the following, the plaintiff presents to the this court, actual, quantifiable artificial
reductions as they take place during the minutes of the Retirement Commission
Meetings. This is only an attempt to explain that which appears not cognizable, the pains
and sufferings of Negros caused by certain members in public offices whom are allowed
to violate such Negro rights..
The very same defendant public official Attorney Yelmini in the October 15, 2009,
Minutes, is the same Attorney Yelmini that instituted the artificial reductions in the
7
1995{See Below}; {See OPEB Unfunded Pension Liabilities and Executive Order 38
Plaintiffs Appendix J} The State of Connecticut/SEBAC agreement as it relates to
Unfunded Accrued Pension Liabilities or 5-142(a) entitlement pensions.
The same Former State Comptroller Nancy Wyman is the current Lt. Governor.
Former State Representative Michael Lawlor, Labor Management Committee(1995)
responsible for drafting the language in the 1995 State of Connecticut/Sebac Agreement
is currently Office of Policy Management Deputy for Lt. Governor Nancy Wyman.
While Mark Ojakian responsible along with Attorney Yelmini for the current 2011 State
of Connecticut/Sebac artificial reductions is formerly Deputy Comptroller in the
Retirement Division issuing the August 2009, Helen Kemp letter {See Plaintiffs B,
Helen Kemp Letter }.
The phrase passed away is used when referencing artificial reductions through
attrition as mentioned by former OPM Deputy Commissioner Michael Cicchetti in the
Executive Order 38 OPEB Report {Plaintiff Amended Complaint Append. J}. In either
instance, the Negro does not receive his pension benefits.
In both the language of Michael Cicchetti, and Attorney Yelmini, the artificial
reductions are coded as leaves of absences, referring to unlawful terminations by the
State Officials of injured Negroes:
(1). The plaintiff having not been notified until 2009 of the separation from state
service form.
(2). The separation could not be seen as a layoff, as there where never any notices
issued to plaintiff in regards to layoff.
(3). The separation as indicated by DOC personnel required medical
documentation not presented in plaintiffs personnel files nor into evidence at any
hearing.
The OPEB Commissions objective was primarily to deal with or find solutions to the
problems created in the artificial reductions or unfunded pension liabilities created with
SEBAC 1995.
The reductions are artificial in nature because it refers to the unlawful decrease in
pension obligations to injured Negro beneficiaries as opposed to Caucasians similarly
situated. The plaintiff in this instant matter petitioned the State Employees Retirement
8
Commission for the very same Hazardous Duty Pension that Michael Cozzolino received.
The Commission refused to process the plaintiffs request, referring the plaintiff to the
Department of Corrections, Administrative Services, and Workers Compensation
Commission whom are not required to process the Negro Retirement Application.
{See Plaintiff Amend Complaint Append B}
Also, as indicated within the following Chairmans Report contained within the
Retirement Commission Minutes of Meeting, a motion is being indicated as being filed
in Federal Court. Therefore, this court has jurisdiction in the instant complaint to issue
Writs, and Orders of Injunctions contrary to defense counsels petition and in favor of the
plaintiff.
MINUTES OF MEETING
STATE EMPLOYEES RETIREMENT COMMISSION
OFFICE OF THE STATE COMPTROLLER
55 ELM STREET
HARTFORD, CONNECTICUT 06106
October 15, 2009
Ms. Yelmini asked: if we ever close out the cases that are waiting for further
information or do we just carry them on the books forever.
Mr. Casella asked: if there was a way to send out letters to the folks who have files
pending to see if they are still interested in pursuing the matter, or if they have retired or
passed away. This might clear up some of the backlog of old files.
Jeanne Kopek said: it was certainly something the division could consider.
Linda Yelmini asked: if there was a definition for what would be a reasonable amount
for a claim and or appeal. Some times folks leave their claims sitting for twenty years
before they take any action. This will be looked into by the Regulations Subcommittee.
CHAIRMAN'S REPORT
To clarify information from my report last month, a motion to reopen has been filed in
the Federal Court..
For all of the foregoing reasons listed in this plaintiffs response and all of the
filed motions for injunctive relief; the plaintiff respectfully requests the granting
of all plaintiff motions and orders. The plaintiff respectfully requests this court
issue and order and ruling finding :
(1). Attachment D of The Revised 2011 Agreement Between State of
Connecticut and State Employees Bargaining Agent Coalition (SEBAC)
Signed by Daniel E. Livingston, Chief Negotiator, Sebac and Mark E.
Ojakian, Chief Negotiator, State of Connecticut, is in violation of the
Constitution of the United States and the General Statutes of the state of
9
Connecticut.

BY:__________________
Anthony McKnight Sr.
P. O. Box 304
West Haven, Conn. 06516
Tel: (203) 675-7722
Email:
AnthonyMcKnightSr@gmail.com
CERTIFICATION
This is to certify that a copy of the foregoing has been sent via First Class US
Mail to Asst. Attorney General Maura Murphy Osborne at 55 Elm Street Hartford,
Connecticut 06106 On this _______Day of September 2011.

BY:__________________
Anthony McKnight Sr.
10
07/27/11 10:59 FAX 860 566 7035 BD OF LABOR REL
S T A T E C O M P L A I N T
10/07
S T A T E O FC O N N E C T I C UT
L A BO R DE P A RT M E N T
C O N N E C T I C UT S TA TE BO A RDO FL A BO RRE L A T I O N S
IN THE M A T T E RO F
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( COMPLAI NANT)
CASE NO, SPP-29298
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Lisa Herskowitz Complaint
ADDRESSES AND PHONE NUMBERS OF RESPONDENTS
State Employees Bargaining Agent Coalition, c/o Attorney Dan Livingston, 557 Prospect Avenue,
Hartford, CT 06105, (860) 233-9821.
Divlsion of Criminal Justice, c/o Chief State's Attorney Kevin Kane, 300 Corporate Place, Rocky Hill, CT
06067, (860) 258-5800.
Governor Dannel Malloy, Office of the Governor, State Capitol, 210 Capitol Avenue, Hartford, CT OS106,
(860) 566-4840.
Connecticut Association of Prosecutors, c/o Attorney Jack Doyle, Union President, State's Attorney's
Office, 235 Church Street, New Haven, CT 06510, (203) 927-5356.
COMPLAINT {continued)
First, as its own bylaws recognize, the State Employees Bargaining Agent Coalition (SEBAC) is only
authorized to bargain with the State on issues concerning the state employees' retirement system. The
tentative agreement SEBAC forced union members to vote on in June included wage provisions,
including reopening the wage contract that is in effect until 2012 to give back wage increases and other
monetary benefits that are due union members. SEBAC had no authority to do this. Had my union
voted "no" to the agreement and all the other unions voted "yes," my union's wage contract would
have been reopened and voided. This is unfair. Wages are supposed to be negotiated by each union
individually. Furthermore, the tentative agreement tied the wage, pension and health-care provisions
together. My union didn't even allow members to vote separately on the wage provisions and the
pension and health-care provisions, underscoring the fact that our wages were negotiated by SEBAC and
not separately by our own union as required.
Second, SEBAC violated its own bylaws by reopening the pension and health-care agreement that is in
effect until 2017, and by reopening the 2009 wage agreement that Is In effect until 2012 (which SEBAC
had no right to negotiate in the first place), without allowing the union members to vote on whether
these agreements should be reopened and renegotiated- Section 10(a) of the SEBAC bylaws requires
such a vote. If it did not, then Section 10(c) which requires union members to ratify any new agreement
would be redundant-
Third, SEBAC carried out the negotiations in secret without getting any mputfrom union members.
Rank and file members did not have any say at all until they voted. SEBAC basically said "here it is, take
It or leave it, and if you leave it, there will be layoffs and the state will be economically devastated." This
was highly coercive. Even after the unions voted down the agreement, the SEBAC leaders suggested
that they themselves have the powerto change the bylaws in orderto convert a "no" vote into a "yes"
vote, even though Section 10(b) of the bylaws requires the union members to vote on any such change.
In a letter dated July 5, SEBAC asked the governor to reopen the negotiations, again without obtaining
the approval of the union members as required by Section 10(a). SEBAC and CAP President John Doyle,
07/27/11 11:00 FAX 860 566 7035 BD OF L ABOR R EL S004
Lisa Herskowitz Complaint
who I'm told is representing our union on SEBAC, continue to engage in these unfair practices despite
the limits Imposed on SEBAC by statute and its own bylaws.
Fourth, after SEBAC issued the first tentative agreement, one of our union members who is not an
officer emailed the membership with concerns about the health-care provisions. Chief State's Attorney
Kevin Kane, who heads up the Division of Criminal Justice, emailed US a memo Indicating that state email
could not be used for such a purpose because the subject matter was not work-related. One of
Attorney Kane's employees regularly emails us about discounts on BJ's Wholesale Club memberships
and other similar benefits that are available to us as state employees. How is it that communicating
about those types of benefits via state email fs acceptable but communicating about hearth-care
benefits is not? 1 recently received an email from management about changes In our health-insurance
rates, and about when employees will be permitted to switch plans If they choose to do so. In truth, the
only thing Attorney Kane sought to eliminate is any negative comment on the tentative agreement To
the -best-of my recollection, during my seventeen years, members have been permitted to email each
other freely about contract proposals with no interference from management. Attorney Kane's action in
closing down the only practical avenue we had for communicating with other members as a group was
totally unfair. His memo coerced us into silence to prevent negative communication on the agreement.
Soon after Attorney Kane emailed his memo to us, Lieutenant Governor Nancy Wyman sent us an email
on behalf of the governor rebutting the concerns raised in our union member's email. It was unfair and
coercive because we were not able to respond. The day before we, CAP, were scheduled to vote, our
union officers sent all of the members an email pushing us to vote "yes" and suggesting that horrible
things could happen to us if we voted "no." Attorney Kane did not say anything about the
appropriateness of this communication.
Finally, as the time for voting neared, and while the voting was going on, the governor repeatedly and
vehemently threatened us with layoffs should we vote down the agreement. He increased the layoff
numbers from 4500 to 7500. This was extremely coercive. He and the union leaders had already made
it clear many times that if the agreement was rejected, there would be layoffs. The governor's repeated
threats were not intended to furnish Information; they were intended to coerce people into voting
"yes." The governor said right before the Voting started that he'd decided to hold off on Issuing layoff
notices as an act of good faith. It's more likely that he did it so that the people who were safe wouldn't
know that they were safe, Increasing the likelihood that they would vote "yes," especially with the
pressure of the governor's constant threats.
On the topic of coercion, my agency holds a two-day training program for prosecutors every year. The
union scheduled the vote to coincide with the first day of the training, which was being held four miles
from the Chief State's Attorney's Office, which is where the voting was held. We were encouraged to go
to the training and then vote, because the two were so conveniently close to each other. Also, Attorney
Kane changed the rules this year concerning who had to go to training. I had to go for the first time. I
was told by another union member that usually, only forty or fifty prosecutors attend. This year, there
were so many people it looked like just about everyone was attending. As the lunch break approached
and I and many others were getting ready to drive the four miles to Rocky Hill to vote. Governor Malloy
07/27/11 11:00 FAX S60 566 7035 BD OF LABOR REL @005
Lfsa Herslcowitz Complaint x ""
showed up. Attorney Kane pointed him out, indicated that he'd hoped the governor would stop by, and
allowed the governor to address us about the budget crisis and his days as a prosecutor. Many
members were extremely upset by this unfair, coercive move on the part of the management and the
governor. The agreement only passed my union by seven votes. This unfair labor practice may well
have affected the result,
Although the tentative agreement has been rejected there is talk of a revote, or renewed negotiations
without member approval in violation of the SEBAC bylaws. I urge you to consider this complaint as
quickly as possible in order to prevent these unfair labor practices from being repeated. SEBAC has
already unfairly placed our wages and benefits In jeopardy without consulting us, and they are trying to
do so again. They are also doing nothing to defend us from critics and, all around, not fulfilling their
duty of fair representation. Thank you for your consideration.
ATTACHMENT H
The State agrees not to file or pursue any legal action against SEBAC, its
representatives, or its employees as a result of this agreement. Any such
pending claims by the State are hereby withdrawn and its representatives
agree to take any and all steps necessary to effectuate their withdrawal.
SEBAC agrees not to file or pursue any legal action against the State of
Connecticut, its representatives, its employees in any forum as a result of
this agreement. Any such pending claims by SEBAC are hereby withdrawn
and its representatives agree to take any and all steps necessary to
effectuate their withdrawal. In the event any individual member of one of
the constituent unions files an action against the State of Connecticut, its
representative or employees, SEBAC and each of the constituent unions
agrees not to aid or assist in the advancement of such claim.
Effective on and after July 1, 2011, the contract bar for purposes of any
constituent union of SEBAC accepting a contract extension or renewal in
accordance with Appendix A of this agreement shall be computed solely
from the expiration date of any such extension or renewal.
SEBAC 2011 AGREEMENT
-between-
STATE OF CONNECTICUT
-and-
STATE EMPLOYEES BARGAINING AGENT COALITION (SEBAC)
In order to assist in resolving the financial issues currently facing the State of Connecticut while
preserving public services, the State of Connecticut and the State Employees Bargaining Agent
Coalition agree to the following provisions. The parties have signed the State of Connecticut
and SEBAC - Recommended Agreement on Savings, Transformational and Financial Issues and
Framework for Job Security (hereinafter referred to as the "2011 Agreement Framework") This
agreement shall amend and supersede the 2011 Agreement Framework.
I. SAVINGS AND TRANSFORMATION
The parties have explored and will continue to explore and, where appropriate, implement
strategies to:
a. Harness the creativity and experience of front-line bargaining and non-bargaining
unit state employees to improve the efficiency and effectiveness of state
government;
b. Streamline and flatten organizational structures to concentrate on service delivery;
c. Examine and redress barriers to the most efficient use of in-house resources to
address agency and cross-agency needs;
d. Discourage the use of outside contractors and consultants when internal capacity
exists or can reasonably be developed; and
e. Make best efforts to ensure that vendors and service providers doing business with
the state do so at reasonable rates of return and under terms that reflects the
shared sacrifice being asked from all sectors of Connecticut society.
As part of this process, the following steps will be taken:
a. Establish a Joint Labor Management Information Technology Committee as soon as
possible that will consider, among other things, utilizing new technologies and
reducing licensing procurement and consulting costs. This Committee shall be
headed by the Chief Information Officer of the State.
b. Establish a Joint Labor Management Committee, no later than September 1, 2011,
which will begin to explore the issues, outlined in subparagraphs (a) - (d) above,
except issues that impact matters of collective bargaining.
c. The Governor will issue an Executive Order or similar appropriate directive to state
agencies that will implement subparagraph (e) above, no later than June 1, 2011.
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II. MODIFICATIONS TO THE CURRENT SEBAC PENSION AND HEALTH CARE
AGREEMENT
A. Health Care Preservation and Enhancement of Current Plans and Joint Efforts.
Except as specifically referenced herein, all the provisions of 1997-2017 Pension and
Health Care Agreement, as amended, shall apply. None of the benefit levels, access
requirements, including doctors and hospitals or basic plan structures are modified by
this agreement. Any impact on current retirees shall be based on their voluntary
participation except as specifically provided herein. There shall be no increase in costs
affecting current retirees as a result of this agreement. Changes affecting future
retirees shall be effective September 2, 2011. There is no change in current plans
except as specifically noted otherwise below.
There shall be no additional costs to employees from choosing the health enhancement
program, but there will be increased premium shares and a deductible for those who
decline to enroll in, or fail to comply with (after appropriate notice), the health
enhancement program. As is currently the case under the State Health Plan, any
medical decisions will continue to be made by the patient and his or her physician.
1. The parties shall :
a. Institute a $35.00 Emergency Room Copayment when there is a reasonable.
medical alternative and the individual is not admitted to the hospital;
b. Require both medical vendors (currently Anthem and Oxford/United) to
implement existing plan rules consistently.
c. Maximize the opportunity for members to choose to use patient-centered
medical homes;
d. Provide appropriate medical follow-up to minimize hospital readmissions post-
surgery and/or other initial hospital stay;
e. Provide for purely voluntary participation in Obesity reduction and Tobacco
cessation programs;
f. Make the current pharmacy mail in program for maintenance medications:
i. Mandatory after the first prescription for a new medication for active
employees and current retirees under the age of 65, and after September
2, 2011 for new retirees. Each copayment for active employees and new
retirees after September 2, 2011 is one for each ninety (90) day supply.
ii. Voluntary for current retirees age 65 or over. Once such individuals opt
in at any open enrollment, continuing participation is mandatory. There
shall be no copayments for current retirees (retired as of September 1,
2011) who begin participating in the Pharmacy Mail in program;
iii. Participants may at their option choose to receive their mandatory mail
order at any CVS pharmacy.
2
g. Implement the following Pharmacy copayments for actives and new retirees
after 9/2/11: $5/10/25 (generic/preferred brand/other brand) for maintenance
drugs (except for the lower copayment for listed diseases under the health
enhancement plan set forth in 2c) and $5/20/35 for non-maintenance drugs.
2. Health Enhancement Program
This voluntary enhancement program shall be made available to all state employees and
retirees (including all enrolled dependents) during each open enrollment as part of all of the
Point of Enrollment and Point of Service plans currently available. All benefits and
requirements will be the same as currently available to state employees, retirees (including all
enrolled dependents) except as specifically written below. It shall include a written
commitment (Attachment B1) to the requirements of the program in order to be admitted
and remain admitted to the program, including agreed upon health assessments and screenings
designed to provide early diagnosis and appropriate information to patients so that they and
their doctors can choose the best treatment of any illness; This program is designed to
enhance the ability of patients with their doctors to make the most informed decisions about
staying healthy, and, if ill, to treat their illness. As is currently the case under the State Health
Plan, any medical decisions will continue to be made by the patient and his or her physician.
See Attachment B3
a. Cost: There shall be no additional costs to employees for choosing the
Health Enhancement Program. The premium share for employees and
retirees shall be as determined by the existing Pension and Health Care
Agreement ..
b. Copayments shall be waived (Diabetes) or reduced ($0/5/12.50) for drugs
prescribed for the following chronic conditions:
i. Diabetes, both Type 1 and 2
ii. Asthma and COPD
iii. Heart failure/heart disease
iv. Hyperlipidemia
v. Hypertension
c. Office visit copayments shall be waived for treatment and monitoring ofthe
conditions in subparagraph 2b above;
d. Participants in the Health Enhancement program will be expected to
participate in the disease counseling and education programs outlined in
Attachment B3.
e. Participants will also be expected to adhere to the medically approved
schedule for screenings and wellness visits with waiver or rebate of
copayments for such services as set forth in Attachment B2.
f. Participants who are covered by the plans dental program shall be required
to get two free dental cleaning per year.
3
g. Participants who choose not to adhere to the requirements of the Health
Enhancement program will be given appropriate notice and opportunity to
improve. The financial incentives for participation in the health
enhancement program shall be removed from members who themselves or
whose covered dependents fail to comply with the requirements of the
program. They may return to the Health Enhancement Program only upon
coming into compliance and no sooner than the first day of the month
following their demonstration of compliance. Removal from the program
shall not, in any case, be based upon the decision of any patient as to the
treatment they receive, or on the progress or lack of progress in the
treatment of their illness. It shall not be based on any other factor
whatsoever except for the refusal of the patient to get required tests and
screening, and if applicable, to participate in one of the five (5) listed disease
counseling and education programs. Any removal shall be only upon prior
notice to and the review by the Health Care Cost Containment Committee.
The HCCCC will resolve all disputes about compliance. The parties recognize
that the implementation of the Health Enhancement Program will raise
legitimate and unanticipated issues of compliance such as the inability to
schedule wellness physical examinations and screenings within a specific
time frame. The parties therefore agree that disputes will be decided on a
standard of fairness and the opportunity available to the member or his or
her enrolled dependents to substantially comply with the requirements of
enrollment in the Health Enhancement Program.
h. No insurance vendor shall receive any financial incentive or benefit from the
admission of any member to, or the removal of any member from the health
enhancement program. The program shall be designed to encourage and
reward participation of members in the program and not to remove the
financial incentive from any member except one who chooses after
appropriate notice and opportunity to correct, to comply with the specific
written requirements of the program.
i. Patients in one of the listed disease education and counseling programs shall
receive a $100 cash payment if the member and all dependents comply in a
given year with their commitment to the health Enhancement Program. Pay
is the same for each class of coverage, i.e., same for individual, one plus one,
family or FlES.
3. Impact for Employees and Future Retirees Declining the Health Enhancement
Program
Employees and future retirees after September 1, 2011 who decline participation in
the Health Enhancement Program or who are removed from participation pursuant
to 2g, would pay an additional $100 per month in premium share. This additional
cost shall be the same for individual, one plus one, families, and "FlES" coverage.
There will also be a $350 per person annual deductible, maximum $1400 for
families, for services not otherwise covered by copayments. No family shall be
disadvantaged for the purposes of this maximum by the use of FlES status.
4
4. Dental Plan
The present dental plans shall continue to be offered to state employees. The
premium share for employees and retirees shall be as determined by the existing
Pension and Health Care Agreement. There shall be no limit on periodontal care for
members who are in the Health Enhancement Program.
B. Retiree Health Care
1. Premium Structure - New Retirees (retiring after September 1, 2011) Current
premium structure of retiree health care remains unchanged for those choosing the
health enhancement program. Declining by the retiree, or failing after appropriate
notice to comply with the health enhancement program by either the retiree or
their covered dependents, will result in a premium share increase of $100 per
month.
2. Health care premiums for Early Retirees - The parties have agreed to a grid,
Attachment C, where health care costs (for health care eligible individuals) are imposed
on individuals who elect early retirement until they reach their normal retirement date,
or age 65, whichever is earlier. The grid will also be applied to individuals who are
eligible for a deferred vested benefit (for health care eligible individuals) that elect to
receive their benefit before age 65 until they reach age 65 or their normal retirement
age, whichever is earlier. No early retirement health care premium will be charged for
any employee who has 25 years of service as of July 1, 2011 who retires before July 1,
2013.
3. Employee Contribution to Retiree Health Care Trust Fund (OPEB) - Employees
currently paying the three percent (3%) contribution into the Retiree Health Care Trust
Fund will continue to pay such amount. All such employees shall pay the three percent
(3%) contribution for a period of ten (10) years or retirement, whichever is sooner. All
individuals hired on or after July 1, 2011 shall pay the three percent (3%) for a period of
ten (10) years or retirement, whichever is sooner, even if they had periods of prior state
service. Individuals who are not paying the three percent (3%) contribution on June 30,
2013, shall begin paying a contribution. For these individuals, the contribution shall be
phased in paying 1/2% effective the first day of pay period after July 1, 2013; increased
to 2.0% effective the first day of pay period after July 1, 2014 and increased to 3.0%
effective the first day of pay period after July 1, 2015. The contribution would continue
for ten (10) years for all employees or until retirement, whichever is sooner. Effective
July 1, 2017, the State will begin to contribute into the Retiree Health Care Trust Fund in
an amount equal to amount contributed by employees in each year. The trust fund shall
not be used to pay the retiree health care costs of any employee already retired prior to
the effective date of this agreement. The Trust Fund shall be administered by the State
Treasurer.
5
4. The following shall replace the provision entitled "Retiree Insurance for Employees
hired after July 1, 1997" in SEBAC Vas amended by the provisions of the 2009
SEBAC Agreement.
Retiree Health Insurance: Employees with 10 or more years of actual state service as of
July 1, 2009 shall be entitled to retiree health care under the practice in effect under the
terms the Pension and Health Care Agreement, as amended, but prior to the changes
effected by SEBAC 2009 and this agreement. Employees with fewer than ten years of
actual state service as of July 1, 2009, shall be subject to the requirements of SEBAC
2009, including the rule of 75 for deferred vested retirees, and shall also require 15
years of actual state service, except that no current employee who would have
o'therwise been eligible for retiree healthcare under the provisions of SEBAC 2009 shall
be denied eligibility for retiree healthcare due to the 15 year requirement. All other
employees shall be required to meet the rule of 75 and to have 15 years of actual state
service unless they transition directly from employment to normal or early retirement.
Such employees who transition directly to normal or early retirement shall not be
required to meet the Rule of 75 but shall be required to have 15 years of actual state
service. An employee who is eligible for and begins receiving a Disability Retirement
Benefit shall be entitled to health insurance as a retired state employee regardless of
his/her number of actual state service. Nothing herein restricts the ability of an
employee to begin receiving his/her retirement or deferred vested pension at an earlier
time in accordance with plan provisions. An employee who terminates state service and
does not immediately begin to receive his/her pension shall be entit'led to the same
health insurance benefits as active employees receive at the time he/she begins to
receive pension payments. Provided,however, laid off employees and employees who
leave state service because there is not a fair assurance of continued employment shall
be entitled to retiree health insurance at such time they are entitled to and begin
receiving an Early or Normal Retirement Benefit under the plan. Nothing herein shall
change the method of calculation of service for part time faculty of the constituent units
of higher education.
C. SERS Pension
1. Salary Cap - The maximum salary that can be considered as part of an individual's
pension benefit is the amount outlined in Section 415 of the Internal Revenue Code.
2. COLA - The minimum COLA shall be two percent (2.0%) and the maximum COLA
shall be seven and one-half percent (7.5%) for those individuals retiring on or after
September 2, 2011.
3. Early Retirement Reduction Factors - For individuals retiring on or after September
2, 2011, the early retirement reduction factor shall be changed to six percent (6%)
6
for each year before the individual would be eligible to take unreduced Normal
Retirement.
4. Current employees who retire after July 1, 2022 - The following changes do not
apply to individuals who retire under the Hazardous duty provisions of the plan.
Normal Retirement eligibility increases from Age 60 and 25 Years of Benefit Service
or Age 62 and 10 Years of Benefit Service to Age 63 and 25 Years of Benefit Service
or Age 65 and 10 Years of Benefit Service. This change affects all years of benefit
service earned on or after July 1, 2011. By July 1, 2013, current employees may
make a one-time irrevocable election to begin paying the actuarial pension cost of
maintaining the normal retirement eligibility that exists in the present plan which is
scheduled to change effective July 1, 2022. The cost shall be established by the
Plan's actuaries and shall be communicated to employees by the Retirement
Division. Such election shall be made on a form acceptable to the Retirement
Commission and shall indicate the employee's election to participate or not to
participate. In the event the employee fails to make an election, he/she shall not be
eligible to participate. In the event the employee makes a successful claim to the
Retirement Commission of agency error, the employee shall make payments in
accordance with usual practice.
5. Tier II, IIA and Tier III Breakpoint - The parties will meet and discuss a modification
to the Breakpoint that will be effective for service earned on and after July 1, 2013.
The revised breakpoint will be designed so that the pension amount for individuals
earning under the current breakpoint will be increased. The cost of such change in
Breakpoint shall not increase the Employer Normal Cost more than .5% of payroll in
any year. The formula change and costs shall be provided by the Plan's Actuaries. In
the event the parties are unable to agree on the revised Breakpoint, the matter shall
be referred to the arbitrator appointed under the terms of the Pension Agreement
and governed by the provisions of CGS sec. 5-278a and the terms of this agreement.
6. Tier 111- Anew retirement tier shall be established, known as Tier III, for individuals
hired on or after July 1, 2011. The plan shall be the same as Tier IIA, including the
employee contribution, with Normal Retirement eligibility Age of 63 and 25 years of
benefit service or Age 65 and 10 years of benefit service. Early Retirement eligibility
shall be Age 58 and 10 years of benefit service and Hazardous Duty Retirement
eligibility shall be the earlier of age 50 and 20 years of benefit service or 25 years of
benefit service, regardless of age. In order to qualify for a Deferred Vested Benefit,
the individual must have 10 or more years of benefit service. In all cases, the benefit
shall be calculated on the individual's highest five year average salary.
7. Hybrid Defined Benefit/Defined Contribution Plan for Employees in Higher
Education -Individuals hired on or after July 1, 2011 otherwise eligible for the
Alternate Retirement Plan (hereinafter referred to as "ARP") shall be eligible to be
members of the new Hybrid Plan in addition to their existing choices. Individuals
who are currently members of the ARP shall be eligible to join the Hybrid Plan on a
one time option at the full actuarial cost. The Hybrid plan shall have defined
benefits identical to Tier II/IIA and Tier III for individuals hired on or after July 1,
2011, but shall require employee contributions three percent (3%) higher than the
7
contribution required from the Applicable Tier II/IIA/III Plan. An employee shall have
the option, upon leaving state service, of accepting the defined benefit amount, or
electing to receive a return of his/her contributions to the Hybrid Plan, plus a five
percent (5%) employer match, plus four percent (4%) interest (hereinafter referred
to as the "cash out option". In the event the employee elects the cash out option,
he/she shall permanently waive any entitlement they may have to health insurance
as a retired state employee unless they convert the cash out option to a periodic
payment as would be required under the current ARP plan.
8. Continuation of Overtime Presumptions and Implementation of Additional
Covered Earnings Rules
The parties' understanding that all overtime in certain units is mandatory for
purposes of Sections 5-162(b), 5-192(f)(c), and 5-192(z)(c) of the general statutes
shall continue. Effective July 1, 2014, the language of those sections shall be
changed to that reflected in attachment D.
III. SCOPE (OJE) and FIVE-YEAR AUDIT DATES
The parties have agreed that the current practice for five (5) year reviews will continue
and OJE adjustments may be resolved for jobs which the Union believes have
substantial changes in duties through interim bargaining and, if necessary, arbitration
(rather than through the Master Evaluation Committee). This will be applied to all OLR
OJE-covered units. New positions will be subject to bargaining and arbitration one year
after their creation and an individual being in the position, whichever is later. The
implementation date for results of any five (5) year audit or arbitration shall be deferred
to no earlier than July 1, 2013. There shall be no retroactivity prior to July 1, 2013 and
no new costs created by bargaining or arbitration shall take effect prior to July 1, 2013.
This provision shall not prevent the implementation of OJE adjustments agreed to or
ordered prior to the effective date of this agreement.
IV. JOB SECURITY
A. Job Security for Office of Labor Relations -Covered Units. The following job
security provisions shall apply to all OLR Covered units which agree or have
agreed to contracts or modified contracts in accordance with the 2011
Agreement Framework including the provisions for wages and other changes
which are summarized in Attachment A.
1. From the July 1, 2011 and through June 30, 2015, there shall be no loss of
employment for any bargaining unit employee hired prior to July 1, 2011,
including loss of employment due to programmatic changes, subject to the
following conditions:
a. Protection from loss of employment is for permanent employees and
does not apply to:
i. employees in the initial working test period;
8
ii. those who leave at the natural expiration of a fixed
appointment term, including expiration of any employment
with an end date;
iii. expiration of a temporary, durational or special appointment;
iv. non-renewal of a non-tenured employee (except in units
where non-tenured have permanent status prior to achieving
tenure);
v. termination of grant or other outside funding specified for a
particular position;
vi. part-time employees who are not eligible for health insurance
benefits.
b. This protection from loss of employment does not prevent the State
from restructuring and/or eliminating positions provided those
affected bump or transfer to another comparable job in accordance
with the terms of the attached implementation agreement. An
employee who is laid off under the rules of the implementation
provisions below because of the refusal of an offered position will not
be considered a layoff for purposes of this Agreement.
c. The State is not precluded from noticing layoff in order to accomplish
any of the above, or for layoffs outside the July 1, 20ll-June 30, 2015
time period.
2. The Office of Policy and Management and the Office of Labor Relations
commit to continuing the effectiveness of the Placement & Training Process
during and beyond the biennium to facilitate the carrying out of its purposes.
3. The State shall continue to utilize the funds preViously established for
carrying out the State's commitments under this agreement and to facilitate
the Placement and Training process.
B. Implementation Provisions for SEBAC 2011 Job Security for OLR Covered Units.
The process outlined in this section is a supplement to the October 18, 2005 Placement
and Training Agreement and is designed to govern the procedure utilized in situations
where there are employees covered by the Placement and Training Agreement who are
impacted by a decision to close a state facility or make other programmatic changes
which would have resulted in the layoff of state employees but for the Job Security
Provisions of SEBAC 2011, and transfers necessary to deal with workload issues
necessitating the transfer of state employees to different work units, locations or
facilities. The provisions hereunder shall expire as of June 30, 2015, unless extended by
mutual agreement of the parties. The State will continue to provide the longest possible
advance notice as provided in Section 7d of the Placement and Training Agreement to
the unions and employees impacted by such decisions. The process described below
shall be known as the Job Security Implementation ("JSI") Process.
1. There shall be a three-phase process as follows:
9
a. Phase I. The State shall use its best efforts to attempt to combine the
placement and transfers of individuals in the event of multiple closings and
programmatic changes occurring within a'the same period of time to
maximize the likelihood of success.
i. Initially affected employees would enter the Placement and Training
(P&T) process.
ii. May use normal P&T rights.
iii. In addition, the Secretary of aPM shall use best efforts to make
comparable jobs available within acceptable geographic radius
(defined below). Such jobs will typically be in the affected employees'
bargaining unit.
iv. Comparable jobs within the same bargaining unit shall be initially
offered to affected employees on the basis of layoff seniority as
defined in their collective bargaining agreement and, if necessary,
state service.
v. Any affected employee not accepting a comparable job then goes to
Phase II.
b. Phase II. The collective bargaining agreement (CSA) process begins. Initially
affected employees and/or secondarily affected employees may then
exercise their rights under the CSA. The CSA process ends when either (1)
the affected employee(s) has a comparable job; or (2) the affected
employee(s) choose to waive further contractual displacement rights and
enter Phase III.
c. Phase III. Finally any remaining affected employee(s) would enter the P&T
process.
i. May use normal P&T rights.
ii. In addition, the Secretary of aPM uses best efforts to make
comparable jobs available within acceptable geographic radius
(defined below). Such job will typically be in the affected employees'
bargaining unit.
iii. Comparable jobs within the same bargaining unit shall be initially
offered to affected employees on the basis of layoff seniority as
defined in their collective bargaining agreement and, if necessary,
state service.
iv. If no comparable job available within the acceptable geographic
radius, the finally affected employee{s) will be offered other jobs
within the acceptable geographic radius on a temporary basis until
comparable job available, and are red-circled in original pay-grade.
v. Employee may be offered training through the P&T Committee as a
way of moving employee to a position comparable to the one lost.
vi. No employee shall have a right to a promotion under this process.
vii. Affected employee refusing an assignment within the acceptable
geographic radius during Phase 3 ofthe process may be laid off, but
will have all usual rights of laid off employees.
10
2. Relevant definitions which apply to this process only and shall not be utilized for
any other purpose:
a. "Comparable job" means one with similar duties and the same or
substantially similar biweekly salary range. The requirement to offer a
comparable job shall not be met if the target job requires a hazardous duty
retirement covered employee to move to non-hazardous duty retirement
employment, or vice versa.
b. "Acceptable geographic radius" for Phase I means a one way commute equal
to the greater of his/her present commute or thirty (30) miles from his/her
work location at the time of notice. During Phase III, acceptable geographic
radius means a one-way commute equal to the greater of his/her present
commute or thirty (30) miles from his/her home. In the event that there is
no opportunity within the applicable thirty (30) mile measurement, the State
will provide an opportunity within a fifty (50) mile radius based upon the
applicable measurement. In the event an opportunity becomes available
prior to July 1,2017 within the applicable thirty (30) mile limitation, the
impacted individual shall be offered such position before it is offered to an
individual with lesser rights. In the event the individual declines such
position within the applicable thirty (30) mile measurement, the State has no
further obligation to offer another position to such individual based upon the
geographic restriction.
c. Manner of measurement. The parties have agreed to utilize MapQuest,
shortest distance for positions offered in Phase I and MapQuest, shortest
time for positions offered in Phase III.
3. Priority, Working Test Period Issues, and Related Issues
a. Employees needing positions through the process outlined in this Section B
(as compared to the normal P&T process) have priority over other claimants
to position based on the SEBAC 2011 job security provisions. Provided,
however, seniority under the CBA may be utilized for the purpose of shift
selection in the target facility.
b. Where a job is offered to comply with the rules of this Section which would
require the completion of a working test period, failure of the employee to
successfully complete that working test period will return the employee to
the process outlined in this Section B, unless the reasons for the failure
wou Id constitute just cause for dismissal from state service. The process
outlined in this Section Bterminates as of June 30, 2015, or when there is no
employee remaining with rights to the process, whichever is later.
4. Dispute Resolution
a. "Work now, grieve later" applies as usual to JSI related grievances.
b. Placement &Training Committee to convene for emergency advisory
procedure if employee claims he or she is being inappropriately laid off in
violation of the JSI procedure.
c. Any arbitration necessary to resolve a claim that an employee is being denied
a suitable comparable assignment under this agreement shall receive priority
11
processing for purposes of assignment of an arbitrator, a hearing date, and
resolution of the arbitration. Any dispute or arbitration under this agreement
shall be under the SEBAC agreement process.
5. Transfer Implications
a. Where staffing disproportions other than through agency consolidations, the
process outlined in this Section Bwill be used to eliminate the necessity of a
transfer (directly or through layoff notice). If there is more than one
employee in the impacted classification, the State shall ask the employees in
layoff seniority order and, in the event there are no volunteers, the junior
employee shall be transferred.
b. In cases where involuntary transfers occur, affected employees shall have
the right of first refusal to return to their prior geographic locations prior to
an equivalent position being offered at the prior geographic location to a less
senior person.
C. Job Security for Units Not Covered by OLR.
Job security for other units has been or shall be negotiated on a unit-by-unit
basis consistent with the 2011 Agreement Framework, including the provisions
for wages and other matters which are summarized in Attachment A.
V. ADDITIONAL CONTRIBUTIONS BY THE STATE TOWARDS UNFUNDED LIABILITY
IN PENSION AND/OR RETIREE HEALTH CARE
The Governor has authorized the Chief Negotiator for the State to communicate the
Governor's commitment to appropriate consideration of additional state contributions towards
long-term unfunded liabilities ofthe state, including pension and retiree health care, in years
where there exists a state surplus..
VI. TENTATIVE AGREEMENT, SUBJECT TO RATIFICATION AND APPROVAL BYTHE
GENERAL ASSEMBLY
By their signatures below, the parties indicate that this tentative agreement has been approved
by the Governor, and preliminarily recommended by SEBAC Leadership for ratification by the
membership, subject to the employer(s} offering appropriate unit agreements to the bargaining
units. SEBAC's final approval is subject to a post-membership vote by SEBAC Leadership in
accordance with SEBAC rules. This agreement is further subject to the approval of the General
Assembly in accordance with the provisions of Connecticut General Statutes 5-278(b).
VII. DURATION.
The provisions of the current SEBAC Agreement shall be extended until June 30, 2022.
12
E. Livingston, Chief
SEBAC
Dated this day of May, 2011.
13
ATTACHMENT A
State of Connecticut and SEBAC - Recommended Agreement on Savings, Transformational
and Financial Issues and Framework for Job Security (hereinafter referred to as the "2011
Agreement Framework") concerning Wages and Other matters
The State and SEBAC recognize that wages and other matters are negotiated on a bargaining
unit basis by the union designated as the exclusive bargaining representative for that unit.
However, the State and SEBAC have agreed that the following parameters shall apply to all
units seeking the job security protections of the SEBAC 2011 Agreement.
A. The following parameters shall apply to wage agreements through June 30, 2016:
1. Wage increases for FY 2011-12 and FY 2012-13 - Except as provided below, no state
employee who is represented by a bargaining unit that is part of SEBAC will receive any
increase in salary or payments for either of the next two fiscal years deriving from a
General Wage, step increase, annual increment, payment for individuals who were at
their top step as a bonus, a merit increase or any similar payment for the FY 2011-12
and FY 2012-13.
Individuals entitled to a promotion in accordance with the rules governing these
subjects as outlined in the Connecticut General Statutes or their collective bargaining
agreement shall receive increase in wages due to such promotion in accordance with
past practice. Members of the P3A bargaining unit shall be entitled to share in the
contractually created Merit Pool fund in the amount and manner provided in the
contract and past practice.
2. Wage increases for FY 2013-14, FY 2014-15 and FY 2015-16 - Provide a Three percent
(3%) increase plus step increases, annual increments or their equivalent in those units
that have them as part of their collective bargaining agreement. Non-increment units
will receive additional payments in accordance with the parties' usual practice.
Correctional Supervisors (NP-8) shall receive an increase of three and one-half percent
(3-1/2%) for the FY 2013-14 as they had previously negotiated that amount in their
existing collective bargaining agreement.
3. Funds and other payments - All other funds (e.g., tuition reimbursement) and other
wage payments e.g., shift differential, allowances, etc.) (, shall remain in place and
continue in the same amounts presently in the respective collective bargaining
agreement, except to the extent otherwise called for in the collective bargaining
agreements. The current collective agreements shall be extended until June 30, 2016
and unexpended fund amounts shall roll over year to year. Any unexpended funds shall
lapse or shall not lapse as of June 30, 2016, in accordance with present rules.
4. Captains and Lieutenants, Supervisors in the Department of Public Safety (NP-9) - This
unit will negotiate and arbitrate the provisions of their collective bargaining agreement
14
through June 30, 2016. They will be governed by the other portions of the SEBAC 2011
agreement as outlined herein.
5. University of Connecticut Health Center (AAUP) - This unit will negotiate a new
contract which will be submitted as part of this Agreement or separately in the event
this agreement is not ratified by 5EBAC. If ratified, this unit will be governed by the
other portions of the SEBAC 2011 Agreement as outlined herein.
B. Longevity
1. New Employees - No employee first hired on or after July 1, 2011 shall be entitled
to a longevity payment; provided, however, any individual hired on or after said date
who shall have military service which would count toward longevity under current
rules shall be entitled to longevity if they obtain the requisite service in the future.
2. Current Employees - No service shall count toward longevity for the two (2) year
period beginning July 1, 2011 through June 30, 2013. Effective July 1, 2013, any
service accrued during that period shall be added to their service for the purpose of
determining their eligibility and level of longevity entitlement if it would have
counted when performed.
3. Capped units -Individuals in units with capped longevity shall not receive a
longevity payment in October, 2011.
4. Uncapped units - The employer representative and the bargaining unit with
uncapped longevity shall meet and discuss the issue of longevity. The parties shall
agree on a procedure by which individuals in those units shall contribute an amount
equal in value to the amount that was contributed in the Capped units. Default is
that uncapped units will give up longevity using the Executive Branch Bargaining unit
schedule.
C. Non-economic Terms of contracts. Unions that do not agree to extend their bargaining
agreement unchanged can open up to a maximum of eight (8) issues that have de
minimus cost and are identified no later tha.n August 31,2011. The Union must notify
the Office of Labor Relations or the appropriate employer representative within two
weeks of the date the Tentative Agreement is signed of its intent to open the contract
as to noneconomic issues. In the event the union decides to reopen their contract, the
State may likewise open up to a maximum of eight (8) issues with a de minimus cost.
Negotiation shall begin on these issues no earlier than September 1,2011, unless
otherwise agreed to by the parties. Only these issues may be submitted to interest
arbitration.
D. Expiration date of individual collective bargaining agreements. All individual collective
bargaining agreements shall expire effective June 30, 2016
15
ATTACHMENT B- Specifics Relating to Health Enhancement Program
B1 -- Consent to Participate
My enrolled spouse and dependents and I agree to participate in the State of Connecticut
Health Enhancement program sponsored by my employer, the State of Connecticut.
Information regarding my personal health and the health of my dependents will continue to be
protected by all applicable state and federal laws and regulations.
I and my enrolled dependents agree to comply with the requirements of the program including
the applicable schedule of physical examinations, the applicable schedule of preventive
screenings and participation in any of the five disease counseling and education programs
should lor any dependent be diagnosed with one or more ofthe five listed chronic
diseases(Diabetes, Chronic Obstructive Pulmonary Disorder or Asthma, Hypertension,
Hyperlipidemia (high cholesterol), or coronary artery disease (heart disease/heart failure)
I understand my participation may be revoked should I not comply with my commitment to the
health enhancement program. I understand and agree that my revocation will make me
responsible for higher premium co-shares of $100 per month, a $350 per participant per year
deducible, and would make me ineligible for reductions in the co-pays for certain prescriptions
and office visits.
I recognize that I am required to sign this authorization as a condition of my participation and
the participation of my enrolled dependents, if any, in the Health Enhancement Program.
o I accept the terms of the Health Enhancement Program as listed in the open enrollment
materials.
B2 -- Required Screenings
While the State Employee Health Plan will continue to cover an extensive schedule of periodic
physical wellness examinations and screenings which I may continue to access as covered
services under the health plan, participants in the Health Enhancement program agree to
comply with the following minimum schedule of physical wellness exams and the following
specific schedule of screenings in order to be compliant with the Program:
Scheduled Preventive Physical Examinations
Well Child Visits:
Birth to 1 6exams ( lmonth, 2 months, 4 months, 6 months, 9 months, 12 months)
Ages 1-5 one per year
16
Ages 6 -17 once every year
Adult Well ness Physical Examinations:
Ages 18- 39 every three years
Ages 40- 49 every two years
Ages 50 + every year
Preventive Screenings
Cholesterol screenings every five years from ages 20-29(typically done through a blood
test in conjunction with the schedule of well ness physicals above.} every two years from
Ages 40-50; every year from Ages 50 +
Clinical breast examination for women by their health care provider every three years;
mammograms as recommended by your physician; one screening mammogram for
every female member who is between age 35 and 39.
Cervical cancer screening every three years commencing at age 21
Colorectal screenings beginning at age 50 consisting of screening options as decided by
your physician which options include colonoscopy every ten years; CT colonoscopy
which may be an appropriate alternative to a colonoscopy; or annual fecal occult blood
test.
Vision examination: every two years
Dental cleanings: two free cleanings per year for participants. Participants not enrolled
in dental coverage through the State Health Plan do not have to meet this screening
requirement.
As to all of the above listed and described screenings, no employee or enrolled
dependent shall be required to get a listed and described screening which is against the
recommendation of a physician or other health care professional.
B3. Disease Counseling and Education Programs
As is currently the case under the State Health Plan, any medical decisions will continue to be
made by you and your physician.
Employees and their enrolled dependents in the Health Enhancement Program will have
available and agree to participate in disease counseling and education programs which consist
17
of the following components and these are the components you must meet to fulfill your
commitment to the Health Enhancement Program. These programs only apply to those
employees and their enrolled dependents in the disease states listed in the description of the
Health Enhancement Program and in the authorization letter signed by the employee indicating
his or her desire to be in the Health Enhancement Program.
You will be contacted by a health care counselor familiar with the specific program applicable
to your condition or conditions who will explain current strategies to control the disease; you
will receive materials to help you and your enrolled dependents to better understand and
control or eliminate the disease condition; and you will be provided a variety of on-line and/or
printed support tools and materials to further assist you.
18
Attachment C Health Care Premiums for Certain Early Retirees
l'
8.00%
7.40%
6.80%,
6.20%'
5.60%
5.00%
4.40%,
3.80%'
3.20%
2.60%
2.00%
2!
16.00%
14.80%
13.60%
12.40%
11.20%
10.00%
8.80%
7.60%
6.40%
5.20%
4.00%
3
24.00%
22.20%
------ ---
20.40%
18.60%
16.80%
-.-------
15.00%
13.20%
11.40%
9.60%
7.80%
6.00%
4
32.00%
29.60%
-- - ---_.
27.20%
24.80%
22.40%'
20.00%
17.60%
15.20%.
12.80%
10.40%'
8.00%
Yrs Early
5
j- -- --- -
lSi 40.00%
16! 37.00%
-- - -_.-
17 34.00%
18i 31.00%
19
i
28.00%
..---/-
201 25.00%
21\ 22.00%
--22.
1
19.00%
__'L
: 231 16.00%
t-- --iii! 13.00%I
1251 ' 10.00%i
1--- -,1- I'
.1.
INote1: IActual premium are
I
i _jprorated by months. Iffewerthan 15yearsof
.. r" !service, use 15. If over 25, use 25. If more than 5
"iyears early, use 5.
.
!Note 2: IThe premium forany given employee will be
i- Icapped at 25% of the person's actual pension .
,---1-- -_lbenefit, except that the person's actual benefit i
i l' will be prorated for employees who are less than I
-l. _, full-time. No early retirement health care i
i premium will be charged for any employee who
I _.Jhas 25 years of service as of July 1,2011 who retiresl
l-" ' Ibefore July 1, 2013 1
_____ f .1. _ I

C1J
VI
15

I1l
C1J
>-
(
!
I
I
I

I
i-
I
I
19
Attachment D- Statutory Changes with Respect to Caps in Covered Earnings
The following shall take effect on July 1, 2014:
Sec. 5-162. Retirement date and retirement income. (a) The retirement income for which a
member is eligible shall be determined from his retirement date, years of state service and base
salary, in accordance with the schedule in subsection (c) or (d) below, whichever is appropriate.
(b) On and after January 1, 1984, "base salary" means the average covered earnings received by
a member for his three highest-paid years of state service, disregarding any general temporary
reduction or any reduction or nonpayment for illness or other absence which does not exceed
ninety days; and "covered earnings" means the annual salary, as defined in subsection (h) of
section 5-154, received by a member in a year, limited by one hundred thirty percent (130%) of
the average of the two previous years' covered earnings; except that the limit shall be 150% for
those individuals earning mandatory overtime. Current practice in those units where all
overtime is presumed mandatory for this purpose shall be maintained. The limit does not apply
to earnings for calendar years before 1984 or for the first three full or partial years of
employment. The Retirement Commission may adopt regulations in accordance with chapter
54 determining the procedure to be followed for a member who was not employed on a full-
time basis for the entire two previous years used to develop such limit.
Sec.5-192(f)(c) and Sec. 5-192(z)(c). "Covered earnings" means the annual salary, as defined
in subsection (h) of section 5-154, received by a member in a year, limited by one hundred
thirty percent (130%) of the average of the two previous years' covered earnings; except that
the limit shall be 150% for those individuals earning mandatory overtime. Current practice in
those units where all overtime is presumed mandatory for this purpose shall be maintained.
Because compensation may be artificially reduced, for example as a result of leaves or absence
on Workers Compensation, the appropriate year's compensation will be substituted for any
year when the compensation is artificially reduced. The limit does not apply for the first three
full or partial calendar years of employment. The Retirement Commission may adopt
regulations in accordance with chapter 54 determining the procedures to be followed when the
member was not employed on a full-time basis for the entire two previous years used to
develop such limit.
20
STATE OF CONNECTICUT
LABOR DEPARTMENT

CONNECTICUT STATE BOARD OF LABOR RELATIONS

IN THE MATTER OF

STATE OF CONNECTICUT, DEPARTMENT
OF CORRECTION
-AND- OCTOBER 25, 2011
NATIONAL CORRECTIONAL EMPLOYEES
UNION
-AND-
AFSCME, COUNCIL 4
Case No. SE-29,381

STATE OF CONNECTICUT
-AND-
UNITED PUBLIC SERVICE EMPLOYEES UNION
-AND-
CSEA/SEIU LOCAL 2001
Case No. SE-29,394

STATE OF CONNECTICUT
-AND-
UNITED PUBLIC SERVICE EMPLOYEES UNION
-AND-
LOCAL 749, COUNCIL 4, AFSCME, AFL-CIO
Case No. SE-29,408

STATE OF CONNECTICUT, JUDICIAL BRANCH
-AND-
UNITED PUBLIC SERVICE EMPLOYEES UNION
-AND-
AFT/AFT-CT, AFL-CIO, PROFESSIONAL JUDICIAL EMPLOYEES
Case No. SE-29,409

STATE OF CONNECTICUT, JUDICIAL BRANCH
-AND-
UNITED PUBLIC SERVICE EMPLOYEES UNION
-AND-
IBPO, LOCAL 731, JUDICIAL MARSHALS
Case No. SE-29,410



STATE OF CONNECTICUT
-AND-
NATIONAL CORRECTIONAL EMPLOYEES UNION
-AND-
CSEA/SEIU, LOCAL 2001
Case No. SE-29,411

STATE OF CONNECTICUT
-AND-
UNITED PUBLIC SERVICE EMPLOYEES UNION
-AND-
LOCAL 749, AFSCME, AFL-CIO
Case No. SE-29,439

A P P E A R A N C E S:

Attorney Ellen M. Carter
for the State

Attorney John Connor
for NCEU

Attorney J. William Gagne, Jr.
for AFSCME, Council 4, Local 749

Attorney Barbara Resnick
for UPSEU

Attorney Robert J. Krzys
for CSEA/SEIU, Local 2001

Attorney Saranne P. Murray
for State of Connecticut, Division of Criminal Justice

Attorney Brian A. Doyle
Attorney Barry Scheinberg
for AFT/AFT-CT

Attorney George A. Kelly
for the State of Connecticut, Judicial Branch

Attorney James W. Tessitore
for IBPO, Local 731

2
Attorney Robert J. Krzys
Attorney Barry Scheinberg
for SEBAC


RULING ON MOTION TO INTERVENE

On various dates from August 15, 2011 to August 31, 2011 petitions were filed
with the Connecticut State Board of Labor Relations (the Labor Board) alleging that
questions or controversies concerning representation existed as to several bargaining
units of employees of the State of Connecticut (the State). On September 27, 2011 the
State Employee Bargaining Agent Coalition (SEBAC) filed a Motion To Intervene in
these representation dispute cases. On October 3, 2011 the Labor Board directed the
parties to give notice of their respective positions as to SEBACs motion on or before
October 11, 2011.

DISCUSSION

SEBAC exists pursuant to General Statutes 5-278(f)
1
which mandates coalition
bargaining as to retirement and health benefits for all organized State employees.
SEBAC seeks full party status for itself as well as all SEBAC member unions not
involved in these petitions. SEBAC alleges
2
that on July 22, 2011 it entered into a
tentative
3
collective bargaining agreement entitled Revised SEBAC 2011 Agreement
(the Agreement), Section IV (Job Security) of which affords certain job security (e.g.
no layoff) protections to those bargaining units which agree . . . to contracts in
accordance with the . . . provisions for wages . . . summarized in Attachment A. The
final page of the Agreement is entitled Attachment H and states in relevant part:

Effective on and after July 1, 2011, the contract bar for purposes of any
constituent union of SEBAC accepting a contract extension or renewal in
accordance with Appendix A
4
of this agreement shall be computed solely from
the expiration date of any such extension or renewal.


1
Section 5-278(f) provides, in relevant part:
. . . collective bargaining negotiations concerning changes to the state employees retirement
system .. . and collective bargaining negotiations concerning health and welfare benefits . . . shall be
conducted between the employer and a coalition committee which represents all state employees who are
members of any designated employee organization. . . . (3) The provision of subdivision (1) of this
subsection shall not be construed to prevent the employer and representatives of employee organizations
from dealing with any statewide issue using the procedure established in said subdivision.

2
For purposes of this Motion we assume these allegations are true. See Kerrigan v. Commissioner of
Public Health, 279 Conn. 447, 457 (2006).

3
SEBAC contends this Agreement is now in effect by operation of law.

4
This is a misnomer as there is no Appendix A attached to the Agreement. Presumably the reference is
to the Attachment A wage schedule.
3
SEBAC alleges that each incumbent union
5
in the petition cases at issue accepted
Attachment A of the Agreement thereby making Attachment H operative in these cases.
SEBAC argues it has a direct interest in enforcing the Agreement in general and
Attachment H in particular.

We agree that the incumbent unions, all of which are statutory members of the
SEBAC coalition, have direct interests in asserting the application of Attachment H in
these cases. Indeed the interests of the incumbents and the alleged interests of SEBAC
are so closely aligned so as to appear identical, giving rise to a presumption of existing
adequate representation. [T]o overcome the presumption of adequate representation the
applicant for intervention must show adversity of interest, collusion, or nonfeasance on
the part of the existing party . . . Episcopal Church in the Diocese of Connecticut v.
Gauss, 302 Conn. 386, 400 (2011)(quoting Edwards v. Houston 78 F.3d 983, 1005 (5
th

Cir. 1996). This SEBAC has not done.

We do, however, recognize the potential value of intervention by SEBAC in
resolving the issue of the application of Attachment H which may be common to most if
not all of these cases. We anticipate that the incumbents
6
will defer to SEBAC on
presentation of their positions on this issue and that resolution of these cases may proceed
more quickly as a result. Timely resolution of representation disputes is necessary if we
are to meet the difficult goal of accommodating freedom of employee choice with
minimal disruption to the necessary stability and continuity of bargaining relationships.
Town of Hamden, Decision No. 4054 (2005); Town of Wilton, Decision No. 1263
(1974).

We conclude that limited intervention by SEBAC is called for in these
circumstances. [L]imited intervention is not intended to allow enjoyment of all the
prerogatives of a party litigant. Rosado v. Bridgeport Roman Catholic Diocesan Corp.,
60 Conn. App. 134, 152 (2000)(approved in In re Shanaira C. 297 Conn. 737 (2010)).
While we note that we are unlikely to afford party status for the above-noted reasons to
SEBAC member unions which are not involved in these petitions, the issue of such
intervention is not presently
7
before us.

Having considered the Motion To Intervene we issue the following Order.


5
All the cases for which intervention is sought involve incumbent unions which actively oppose the
petitions and seek to maintain their status as certified representatives for the bargaining units.

6
All parties consent to SEBAC intervention excepting petitioner NCEU which seeks to limit SEBAC
intervention to the issue of application of Attachment H.

7
e.g. There is no petition for intervention before us other than SEBACs.
4

ORDER

SEBACs Motion To Intervene is GRANTED subject to the following limitation:
participation by SEBAC shall be limited to the sole issue of the application, if any, of
Attachment H of the Revised SEBAC 2011 Agreement to the pending petitions.

CONNECTICUT STATE BOARD OF LABOR RELATIONS

Patricia V. Low
Patricia V. Low
Chairman

Wendella Ault Battey
Wendella Ault Battey
Board Member
5
CERTIFICATION

I hereby certify that a copy of the foregoing was mailed postage prepaid
this 25
th
day of October, 2011 to the following:

Attorney Ellen M. Carter
Office of Policy and Management RRR
450 Capitol Avenue, MS#53OLR
Hartford, CT 06106

Attorney John Connor
73 State Street, Suite 310 RRR
Springfield, MA 01103

Attorney J. William Gagne Jr.
Gagne & Associates RRR
970 Farmington Avenue, Suite 207
West Hartford, CT 06107

Attorney Barbara Resnick
United Public Service Employees Union RRR
P.O. Box 2
Clinton, CT 06413

Attorney Robert J. Krzys
P.O. Box 207 RRR
New Hartford, CT 06057

Attorney Saranne Murray
Shipman & Goodwin RRR
1 Constitution Plaza
Hartford, CT 06103

Attorney Brian A. Doyle
Ferguson & Doyle RRR
35 Marshall Road
Rocky Hill, CT 06067

Attorney George Kelly Jr.
Siegel, OConnor, ODonnell & Beck RRR
150 Trumbull Street
Hartford, CT 06103




6
7
Attorney James W. Tessitore
IBPO RRR
3510 Main Street
Bridgeport, CT 06606

Attorney Barry Scheinberg
50 Columbus Blvd. RRR
Hartford, CT 06106

Attorney Linda Yelmini
Office of Policy and Management
450 Capitol Avenue, MS#53OLR
Hartford, CT 06106

Attorney Susan Creamer
Council 4, AFSCME
444 East Main Street
New Britain, CT 06051

_______________________________
Harry B. Elliott Jr., General Counsel
CONNECTICUT STATE BOARD OF LABOR RELATIONS




STATE OF CONNECTICUT
LABOR DEPARTMENT

CONNECTICUT STATE BOARD OF LABOR RELATIONS



IN THE MATTER OF
STATE EMPLOYEE BARGAINING
AGENT COALITION
DECISION NO. 4184
-AND-
SEPTEMBER 27, 2006
STATE OF CONNECTICUT, OFFICE OF
POLICY & MANAGEMENT, OFFICE OF
LABOR RELATIONS

Case No. SDR-24,003

A P P E A R A N C E S:

Attorney Daniel E. Livingston
For SEBAC

Attorney Ellen M. Carter
For the State




DECISION AND DECLARATORY RULING

On May 16, 2003 the State of Connecticut, Office of Policy and Management,
Office of Labor Relations (the State) filed with the Connecticut State Board of Labor
Relations (the Labor Board) a Petition for a Declaratory Ruling seeking a ruling
concerning the scope of bargaining required by the State Employee Relations Act (SERA
or the Act) concerning certain bargaining proposals made by the State Employee
Bargaining Agent Coalition (SEBAC).

After the preliminary administrative steps had been taken, the matter came before
the Labor Board for a formal hearing on May 10, 2004 and December 1, 2004. The
parties submitted a partial stipulation of facts and were allowed to present evidence,
examine and cross-examine witnesses and make argument. Both parties filed post-
hearing briefs, the last of which was received by the Labor Board on July 6, 2005.

The question presented by the Petition is whether the Unions bargaining
demands, made on April 17, 2003 and related to the impact of the States 2003 Early
Retirement Incentive Program (ERIP), are beyond the scope of bargaining between the
State and SEBAC under SERA. On the basis of the entire record, we make the following
findings of fact and we issue the following decision and declaratory ruling.

FINDINGS OF FACT
1. The State is an employer pursuant to the Act.
2. SEBAC is a coalition of State employee organizations pursuant to the Act.
3. The present petition was received by the Labor Board on May 16, 2003. (Ex. 1).
The petition involves SEBACs bargaining demands (Ex. 2) related to the States 2003
early retirement incentive program as follows:

1. The employer shall no later than May 1, 2003, offer to return all
laid off workers to their original positions.
2. Additional refills shall occur so that the total of returning and new
hires meets the standards set forth in the 1997 ERIP.
3. Separations resulting from the ERIP shall not be used to privatize
state work that otherwise would be prohibited by contract or statute
has those separations not occurred.
4. Members of the Alternate Retirement Program retiring during the
ERIP period, who would be eligible for the ERIP if they were
SERS members, shall receive an additional twelve percent of their
Final Average Earnings, as defined under the SERS, paid out as
three equal annual employer contributions to their retirement
account, on the dates reflected in subsection (e) of section 6 of
public act 03-2, if such is allowable pursuant to applicable law and
regulation, or as five equal annual lump sum payments, at the
employees discretion. Neither the costs of such a program, nor
any savings generated thereby, shall affect general fund
appropriations to the institutions of Higher Education.
5. Notwithstanding the provisions of subsection (c) of section 6 of
public act 03-2, members of the Teachers Retirement System
retiring during the ERIP period shall not be required to use their
credit towards age, rather than years of service, when such use is
not otherwise required to meet minimum retirement standards of
the Teachers Retirement System.
6. All employees in units affected by layoffs shall receive appropriate
compensation for additional responsibilities due to the ERIP being
imposed on top of layoffs. Compensation shall be proportional to
the additional work.
7. While awaiting recall, any laid off worker who had not yet found
financially equivalent employment shall receive a $100 per week
2
stipend providing such employee signs a Statement indicating
continuing interest in be recalled.
8. Any recalls and/or refills necessary to provide a safe workplace
shall occur immediately.
9. Any recalls and/or refills necessary to prevent unreasonable
workloads shall occur immediately.
10. Until every laid off worker in a bargaining unit has been offered a
return to his/her position, all bargaining unit work shall be
performed exclusively by bargaining unit workers.

4. The State Employee Retirement System consists of three basic plans: Tier I, Tier
II and Tier IIA (Exs. 40 42). Certain teachers employed by the State can opt to waive
participation in the State Employee Retirement System and become or remain a
participant in the Teachers Retirement System. There also exists an alternative
retirement plan known as TIAA-CREF, which is available to certain employees in the
higher education system and is a defined contribution plan as opposed to the defined
benefit plan offered by the State Employee Retirement system.

5. With the enactment of Public Act 86-411, bargaining concerning changes to the
State Employee Retirement System to be effective after July 1, 1988 was required to be
accomplished by negotiations between the State and a coalition committee representing
all unionized State employees. This legislation led to the formation of SEBAC.

6. In 1987 and 1988, the State Office of Labor Relations and SEBAC bargained for
a comprehensive pension agreement. This bargaining eventually led to arbitration and
the issuance of a lengthy award by Arbitrator James Healey in 1989. (Ex.17 (Excerpt)).

7. In 1989 the Legislature enacted an early retirement incentive program (Public Act
89-323)(Ex. 34) the provisions of which were not negotiated with SEBAC.

8. In 1991 the Legislature passed Public Act 91-265 requiring coalition bargaining
for health and welfare benefits to be effective on and after July 1, 1994. (Ex. 32).

9. In late 1991, during the administration of Governor Lowell Weicker, the State and
SEBAC entered into an agreement known as SEBAC II, which contained an early
retirement incentive program as well as provisions related to the recall of State
employees who had previously been laid off. (Ex. 35). During that time the State also
negotiated and came to agreements with individual unions representing State employees
concerning individual contract issues such as wage concessions and furlough issues.

10. In May 1992 the State and SEBAC entered into an agreement known as SEBAC
III addressing issues concerning the unfunded liability of the pension system as well as
the establishment of a placement and training committee and other issues such as re-
employment rights and limitations on position elimination. (Ex. 54).

3
11. In 1996 the State and SEBAC entered into an agreement known as SEBAC IV
that provided, among other things, for extension of the pension agreement through June
2000. (Ex. 18).

12. In early 1997 the State and SEBAC entered into an agreement known as SEBAC
V, which has effective dates of March 13, 1997 through June 30, 2017. (Ex. 19). During
negotiations for this agreement, the parties were able to come to agreement on pension
and health care issues but were unable to come to agreement on an early retirement
incentive program or domestic partner benefits. The resulting agreement contained the
following relevant language:

This Agreement is made by and between the State of Connecticut
(State) and the State Employees Bargaining Agent Coalition
(SEBAC) for the following purposes:
1. to modify the agreement between the parties known as SEBAC IV
dated May 26, 1995 as approved by the legislature.
2. to effect changes in the current pension agreement between the
parties and to comply with the reopener provisions of SEBAC IV;
3. to modify health insurance provisions of the current pension
agreement as may have been changed through the Health Care
Cost Containment Committee (HCCCC);
4. to permit negotiations and arbitration over an early retirement
incentive program and other related issues;
5. to permit negotiation and arbitration over domestic partners after
January 1, 1999.

Section 3 of the agreement entitled General Provisions provides in relevant part:
I. EARLY RETIREMENT INCENTIVE PROGRAM: Nothing in this
Agreement shall preclude the parties from initiating interim bargaining on
early retirement incentive programs and related issues.

13. Once SEBAC V was settled, the parties immediately reopened the agreement for
negotiations regarding an early retirement incentive program. Arbitration was initiated
and proceeded through several hearing dates. The arbitration proceedings broke off
because higher education employees refused to be bound by the arbitrators decision and
SEBAC then began discussions directly with the legislative leadership. The discussions
led to the passage of S.A. 97-21 enacting an early retirement incentive program of which
SEBAC approved. Thereafter the legislature enacted S.A. 97-322 of which SEBAC
disapproved because SEBAC interpreted the legislation as revising the job security
provisions of the previous law. Throughout this process in 1997 SEBAC took the position
that its approval was necessary to the implementation of any early retirement incentive
program. (Exs. 36, 37, 38 and 39).

14. On or about November 13, 2002, at the request of Governor John Rowland,
representatives of SEBAC met with the Governor and his representatives. At the meeting
4
the Governor proposed an ERIP as part of an overall savings and concessions package
with State employees. The day following that meeting the Governor announced the
layoff of approximately 3,000 State employees, which he said could be avoided only by a
concession agreement with State employee unions. On December 5, 2002 the Governor
set forth his specific plans for the layoff of 2,800 unionized employees absent a
concession agreement, and those layoffs began in January of 2003. Between November
1, 2002 and February 1, 2003 SEBAC had discussions with representatives of Governor
Rowland concerning planned layoffs and an early retirement incentive program. The
documents referenced as Exhibits 26, 27, 28 and 29 were discussed between the parties as
part of these informal concession discussions in late 2002 and early 2003 which
discussions were not negotiations under SERA. In December 2002 Governor Rowland
laid off 2,800 State employees, most of which became effective in January 2003.

16. On February 26, 2003, the legislature enacted House Bill 6495, An Act
Concerning Modifications to Current and Future State Expenditures and Revenues,
which became Public Act 03-2 after it was signed by the Governor on February 28, 2003.
(Ex. 4). Section 6(b) of P.A. 03-2 contained an Early Retirement Incentive Program
(ERIP) for State employees in the State Employee Retirement System (SERS).

17. On February 28, 2003, a letter was sent to Governor Rowland from Attorney
Daniel Livingston, representing SEBAC, stating, inter alia, SEBACs position that the
ERIP could not be implemented without SEBACs consent and offering to bargain. (Ex.
6). A second letter was also sent on that date to Governor Rowland from Attorney
Livingston about the Governors e-mail to State employees concerning the ERIP. (Ex.
7). No response from the Administration was ever received.

18. On March 11, 2003, a letter was sent to Linda Yelmini of the Office of Policy &
Management from Attorney Livingston with a copy of the grievance being filed by
SEBAC under the Pension Agreement about the implementation of the Early Retirement
Incentive Program. (Ex. 8) The Pension Agreement contains a provision for an
impartial arbitrator to decide disputes which may arise under this Agreement. (Ex. 9).

19. The March 11, 2003 letter from Attorney Livingston also stated we are at
impasse with respect to bargaining of the ERIP decision and its effects.

20. On March 18, 2003 SEBAC filed a notice of impasse (Ex. 10) to the State
Board of Mediation and Arbitration (SBMA) on the following issues:

a. The existence and nature of an Early Retirement Incentive
Program and related issues under the Agreement known as
SEBAC 5.
b. The impact of any such program.

21. The SBMA acknowledged the filing in a letter dated March 19, 2003. (Ex. 11).
5
22. On March 28, 2003 Special Act No. 03-2 was enacted by the legislature and
signed by the Governor on March 28, 2003. The Special Act modified two provisions of
the Public Act 03-2 Early Retirement Incentive Program legislation. (Ex. 5).

23. On March 31, 2003 a letter was sent to Attorney Livingston from Linda Yelmini
offering to discuss the impact of the legislative program. (Ex. 12).

24. On April 7, 2003 a letter was sent to Attorney Livingston from Linda Yelmini
requesting the list of the unresolved issues or proposals filed to arbitration or the claimed
impacts of the ERIP. (Ex. 13).

25. On April 17, 2003 a letter was sent to Linda Yelmini from Attorney Livingston
with an attached list of the demands that SEBAC was seeking to resolve through interest
arbitration. The demands are listed in Finding of Fact # 3. (Ex. 14).

26. On May 1, 2003 the SBMA referred the interest arbitration request to the
American Arbitration Association for the selection of an arbitrator. (Ex. 15).

27. The SEBAC grievance filed under the Pension Agreement was the subject of an
arbitration hearing on May 21, July 8 and July 30, 2003. The arbitration award was
issued on October 7, 2003 denying the grievance. (Ex. 16). Both the State and SEBAC
filed motions in court regarding the arbitration award. On March 31, 2005 the Superior
Court judge issued his decision (Ex. 63) on the parties motions regarding the arbitration
award (Ex. 16) on the SEBAC grievance. SEBAC filed a motion for reconsideration of
the decision.

28. The current collective bargaining agreement concerning pension and health care is
known as SEBAC VA, which incorporates except as otherwise indicated previous
SEBAC agreements dating back to the interest arbitration award of James Healy dated
September 8, 1989.

29. The State has implemented and continues to implement the ERIP contained in
Public Act 03-2 (Ex. 4) without SEBACs consent and despite SEBACs objection.

30. Since February 2003, the State has resolved contracts through negotiations or
arbitration with the NP-3, NP-4, MP-5 and P-2 bargaining units. Those contracts contain
provisions concerning layoffs and subcontracting. The successor contract between the
State and the New England Health Care Employees Union, District 1199, covering the
Health Care paraprofessional (NP-6) and professional (P-1) units was resolved by interest
arbitration and approved by the Legislature on May 23, 2005. The successor agreement
is effective July 1, 2005 through June 30, 2009. The Judicial Branch reached agreement
with their professional and non-professional bargaining units. The Vocational Technical
Schools reached agreement with their teachers and administrators.


6
31. The combination of the 2003 layoffs and the ERIP had a substantial impact on the
working conditions of certain State employees including increased workloads, forced
overtime and transfer to different work locations.

DISCUSSION
The sole question presented in this case is whether the list of impact bargaining
demands presented by SEBAC on April 17, 2003 constitute mandatory subjects of
bargaining between SEBAC and the State pursuant to SERA.
1
The State claims that each
item on SEBACs list is a non-mandatory subject in the context of bargaining between
SEBAC and the State pursuant to Conn. Gen. Stat. 5-278(f). SEBAC first argues that
the petition must fail procedurally because it does not seek to determine the mandatory
nature of the proposals, but rather asks whether bargaining about these obviously
mandatory subjects has been waived by an act of a union or the General Assembly; a
question appropriate only in a prohibited practice proceeding.

SEBAC also argues that the legislatures passage of the ERIP legislation triggered
not only the normal obligations to bargain over the impacts of the ERIP but also
triggered the reopener provisions of SEBAC V. Finally SEBAC argues that each item on
the list of proposals is a mandatory subject of bargaining, and in the context of the ERIP,
each is an appropriate matter for coalition bargaining.

We begin with SEBACs argument that the instant petition is procedurally flawed.
As properly stated by SEBAC, when presented with a scope of bargaining petition, we
determine only whether the particular proposal in question is appropriately labeled as
mandatory, permissive or illegal. We do not, in a scope of bargaining petition, determine
whether particular events or actions of the parties have waived the right to bargain about
an otherwise mandatory subject. Such questions are appropriate to the prohibited practice
proceedings of this Board. State of Connecticut, Decision No. 3155 (1993).

In this case, we find that the question posed by the State is an appropriate scope of
bargaining question. The State has asked us to determine whether SEBAC can insist on
coalition bargaining about certain topics pursuant to its statutory authority. The question
involves the interpretation of Conn. Gen. Stat. 5-278(f) and a determination of the
nature of these topics specifically in the context of that statutory section. As discussed
below, all scope of bargaining determinations begin with the statutory language imposing
bargaining obligations on the parties. Here, the State has asked for a determination of its
coalition bargaining obligations pursuant to a specific statutory section. This is an
appropriate question for a scope of bargaining petition and we reject SEBACs
procedural argument.


1
SEBAC specifically asserts in this case that it is not arguing about the legality of the passage and
implementation of the 2003 ERIP itself. Its claim in this case is limited to SEBACs right to bargain the
impacts of that legislation.
7
Turning to the substantive question, we start our analysis with the wording of the
statute granting collective bargaining rights to determine what subjects the legislature has
determined are mandatory subjects and which are permissive or even illegal. Collective
bargaining rights are created by statute and it is the statute in question that defines, at
least in general terms, the subjects about which the parties are obligated to bargain. Not
all collective bargaining statutes are identical and not all treat subjects the same.

Most scope petitions filed under SERA and the Municipal Employee Relations
Act (MERA) require this Board to interpret the language of Conn. Gen. Stat. 5-272(c)
and 7-470(c) obligating the parties to bargain about wages, hours and other conditions
of employment. Due to the broad nature of the phrase other conditions of
employment, we often employ a balancing test as enunciated by the Connecticut
Supreme Court in West Hartford Education Association v. DeCourcy, 162 Conn. 566
(1972) to determine the appropriate category for topics. By comparison, we employ the
same balancing test to determine the nature of topics under the School Board Teacher
Negotiation Act (TNA) which requires bargaining about salaries, hours and other
conditions of employment but specifically excludes certain topics from the definition of
hours and other conditions of employment. Conn. Gen. Stat. 10-153d(b).

In the case before us, we are faced with another statutory section, one not
previously analyzed by this Board in a scope of bargaining context. Although 5-272(c)
of SERA provides the general bargaining obligation as cited above, 5-278(f) states:

Notwithstanding any other provision of this chapter, collective bargaining
negotiations concerning changes to the state employees retirement system
to be effective on and after July 1, 1988, and collective bargaining
negotiations concerning health and welfare benefits to be effective on and
after July 1, 1994, shall be conducted between the employer and a
coalition committee which represents all state employees who are
members of any designated employee organization. (2) The provisions of
subdivision (1) of this subsection shall not be construed to prevent the
employer and any designated employee organization from bargaining
directly with each other on matters related to the state employees
retirement system and health and welfare benefits whenever the parties
jointly agree that such matters are unique to the particular bargaining unit.
(3) The provisions of subdivision (1) of this subsection shall not be
construed to prevent the employer and representatives of employee
organizations from dealing with any state-wide issue using the procedure
established in said subsection.

The language of the statute makes clear that, regardless of the mandatory nature of
certain subjects under 5-272(c) concerning bargaining between individual bargaining
units and the State, coalition bargaining is mandated in only two specific areas: (1)
changes to the state employees retirement system; and (2) health and welfare benefits.
Coalition bargaining is permissible for other subjects by agreement of the parties. This is
the statutory context within which we must analyze SEBACs demands.
8

We find that the clear language of 5-278(f) mandates bargaining only about
proposals directly addressing changes to the State employees retirement system and
health and welfare benefits. Unless the parties mutually agree to do so, all topics other
than those directly addressed to changes to the State employees retirement system and
health and welfare benefits are not subject to the impasse procedures of SERA under 5-
278(f). While we recognize that matters of position elimination, recall from layoff and
employee workload can be, and often are, closely related to and dramatically affected by
an ERIP, those subjects are not mandatory subjects of bargaining under 5-278(f) and
must be left to the bargaining process between the State and individual bargaining units if
the State does not agree to coalition bargaining on such topics.

Notwithstanding the language of the statute, the record is clear that coalition
bargaining has occurred repeatedly since 1989 concerning subjects that do not directly
address changes to the state employees retirements system and health and welfare
benefits. In this regard, the State and SEBAC have bargained about recall rights for laid-
off State workers, placement and training committees and limitations on position
elimination. This history of bargaining, and in some cases agreement, about these topics,
however, does not change our analysis in this case. Whatever the parties have agreed to
negotiate in the past, and the statute makes clear that they are free to do so by agreement,
this case concerns what subjects SEBAC may insist on bargaining about when the State
refuses to do so.

This brings us finally to the effect in this case of the parties agreement in SEBAC
V permitting negotiations and arbitration over an early retirement incentive program and
other related issues. SEBAC argues that the 2003 ERIP invokes this clause in the
agreement and thus, its proposals are mandatory subjects of bargaining in this context.
We disagree that these subjects are converted to mandatory subjects of bargaining by the
parties agreement. We have previously ruled that the nature of a subject of bargaining
does not change based upon circumstances, events or agreement of the parties. In State
of Connecticut, supra we found that salary proposals remained a mandatory subject of
bargaining under 5-272(c) for purposes of a scope of bargaining determination even
though salary proposals fell outside the reopener provision of the parties agreement.
Likewise in Shepaug Valley Regional School District, Decision No. 3677 (1999), we
determined that a wage proposal remained a mandatory subject of bargaining in spite of
the fact that the Union had inadvertently failed to include a wage proposal in its last best
offer. In each case, we said that the appropriate forum for determining the parties
bargaining rights in those circumstances was in a prohibited practice proceeding where
the Board could determine if the parties had waived or otherwise given up their right to
bargain about a mandatory subject of bargaining. In this case, the proposals at issue must
be analyzed without regard to the parties agreement in SEBAC V. The fact that other
related issues is included in the contract language does not convert SEBACs impact
proposals to mandatory subjects of bargaining.

We now turn to the individual proposals made by SEBAC in April 2003.
9
Proposals 1 3
The first three proposals on SEBACs list concern recall of laid-off workers,
staffing levels and prohibitions against privatization. None of these topics directly
addresses changes to the State employees retirement system or health and welfare
benefits. As such, each is a non-mandatory subject of bargaining pursuant to 5-278(f).

Proposals 4 5

The proposals in items 4 and 5 of SEBACs list concern additional benefits to be
afforded to employees participating in the Alternate Retirement Program and the
Teachers Retirement System. Neither of these proposals directly addresses changes to
the State Employees Retirement System or health and welfare benefits. As such, each of
the proposals is a non-mandatory subject of bargaining pursuant to 5-278(f).

Proposals 6 10
The proposals in items 6 through 10 of SEBACs list concern compensation for
additional work, stipends for laid off workers, recall and refill requirements and a
prohibition against transfer or subcontracting bargaining unit work. None of the
proposals directly addresses changes in the State employees retirement system or health
and welfare benefits. As such, each of the proposals is a non-mandatory subject of
bargaining pursuant to 5-278(f).
10


DECLARATORY RULING
By virtue of and pursuant to the powers vested in the Connecticut State Board of
Labor Relations by the State Employee Relations Act, it is hereby

DECLARED that: SEBACs ERIP impact bargaining demands made on April
17, 2003 constitute non-mandatory subjects of bargaining.

CONNECTICUT STATE BOARD OF LABOR RELATIONS
John W. Moore, Jr.
John W. Moore, Jr.
Chairman

Patricia V. Low
Patricia V. Low
Board Member

Wendella A. Battey
Wendella A. Battey
Board Member
11
CERTIFICATION

I hereby certify that a copy of the foregoing was mailed postage prepaid this 27
th

day of September, 2006 to the following:

Attorney Ellen M. Carter
OPM-OLR RRR
450 Capitol Avenue
MS53OLR
Hartford, CT 06134

Attorney Daniel E. Livingston
Livingston, Adler, Pulda & Meiklejohn
& Kelly, P.C. RRR
557 Prospect Avenue
Hartford, CT 06105

________________________
Jaye Bailey, General Counsel
CONNECTICUT STATE BOARD OF LABOR RELATIONS
12
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APPEAL - CIVIL
JD-SC-28 Rev. 12-09
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In habeas matters, a copy of this endorsed appeal was provided to the Office of the Chief States Attorney, Appellate Bureau, on
Fees, Costs, and Security waived by Judge
(enter judge's name below)
Date
Anthony McKnight Sr. V State of Connecticut, Department of Corrections, et. al.
Legislative
New Haven-Hartford, CT
Workers Compensation 30008112
3-6-2012 Disability
C.G.S. 5-142(a) '93
AfricanAm C/Os
Executive Order 38, Senate/ Resolution 4 SEBAC
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ConnecticutGeneralAssembly
OFFICEOFFISCALANALYSIS
PHONE:(860)2400200
FAX:(860)2400052
EMAIL:ofa@cga.ct.gov

LEGISLATIVEOFFICEBUILDING
Room5200
Hartford,CT061061591
2011OFA0915 August9,2011
TO: Rep.LawrenceCafero
FROM: AlanCalandro,Director
SUBJECT: UpdatedSavingsAnalysisofSEBACAgreement
Youaskedforanupdatedanalysisofthesavingsestimatescontainedinthesecond
SEBACagreement. WehadprovidedananalysisonJune6,2011toyouofthefirst
SEBACagreement.
Pleaseseetheattachedspreadsheetforanitemizedanalysisofeachprovisioninthe
agreement currently before union members. Note that in certain areas we are still
pursuingadditionalinformation,clarificationordatafromothersources. Thereforethe
tablerepresentsourbestavailableinformationandassumptionsatthistime.Giventhat
the revised SEBAC agreement is still based on annualized savings figures, in certain
instances,thesesavingsmaybereducedduetothedelayinpotentialratification.Finally,
itisourunderstandingthattheagreementssavingsfigureswereestimatedindividually
duringnegotiations.Inkeepingwiththisapproach,ouranalysisdeterminedachievability
of these savings on an individual basis. Therefore it is possible that savings for
interrelatedprovisionsmaynotbecumulative.
PleasenotethatOFAdoesnotemployanyactuarialstaffanddoesnothavetheability
to conduct actuarial analyses. Our analysis is based on a review of the information
available to us as it relates to this agreement and as information has been presented
relatedtootherconcepts.
I hope youfind this informationuseful. Wearealsointheprocessoffinalizinga
formalmemoontheSEBACagreementwhichwillelaborateonouranalysismethodsas
wellasareasofconcern.Feelfreetocontactmewithanyadditionalquestions.

S T A T E O F C O N N E C T I C U T

OFFICE OF POLICY AND MANAGEMENT

OFFICE OF THE SECRETARY

August12,2011

DearCommissioner:

Iwouldliketobeginbythankingyouforyourconsiderableeffortsduringatimeofgreatuncertainty.
Thanks to your efforts we have been able to develop and implement the necessary unprecedented
savingsoptions.

AsweapproachafinalresolutionoftheSEBACratificationprocess,Iwanttotaketheopportunityto
lay out the administrative tasks that we will follow to implement the budget. Since there are a
number of variations based on the potential for split votes, with the SEBAC health and pension
provisions approved but the individual unit wage and job security agreements rejected, it is difficult
to predict the outcome. Nevertheless, we must all plan accordingly for the various potential
outcomessothatwecanactexpediently,decisivelyanddirectly,onceweknow.

In the event that the clarified 2011 SEBAC Agreement is not ratified by union membership or in
bargainingunitsthatfailtoratifytheirunitagreements,layoffsshouldcontinuetobecarriedoutand
facilities and programs shut down based on the schedule developed by agency. OPM will promptly
establish an allotment plan based on the budget balancing plan submitted to the legislature on July
15.PleasebemindfulthattheGeneralAssemblysAppropriationsCommitteewilllikelyholdapublic
hearingintheweekfollowingSEBACrejectiontoreviewthatplan.Eachagencyshouldbeprepared
to answer questions from the committee about the details and implications of the various cuts. In
addition,wehavesomeadministrativeflexibilitytomodifythatplaninacostneutralwayifyouhave
identifiedotheralternatives.PleasepresentanysuchmodificationstoyourOPMbudgetanalystfor
reviewassoonaspossible.

Intheeventtheclarified2011SEBACAgreementisratified,inthosebargainingunitsthatalsoratify
their individual unit wage and job security agreement all permanent state employees who are
members of such bargaining unit will return to work if they have been separated. Any notice
regarding layoff of permanent state employees who are members of such bargaining unit will be
rescinded.TheOfficeofLaborRelationswillprovideinstructionstoaccomplishboththerescissionof
layoffs and provide for an orderly return to work for those bargaining unit members who have
separatedfromstateservice.YourHumanResourceprofessionalshouldcontacttheOfficeofLabor
Relations to determine the process to provide an appropriate opportunity for any individuals
impactedordisplacedbyreorganization,consolidationorrestructuring.

Nonrepresented employees, including unclassified, confidential, managerial and nonpermanent

employees(determinedasofJuly1,2011)including,trainees,durational,individualsintheirworking
testperiodandtemporaryemployeeswillnotnecessarilybebroughtbacktoworkorhavelayoffor
separationsrescinded.Areviewprocesswillbeputintoplacetoaddressthesepositions.

Assoonaspossible,pleasesubmitaplantoyourOPMbudgetanalystincludingthefollowing:

1. Alistingofthosenonrepresentedand/ornonpermanentemployeesinyouragencywhoyou
propose to bring back or whose layoff or separation you wish to rescind. Please provide a
brief justification for each. If you propose to rescind a layoff which would have resulted in
separation before August 26, please contact OLR to determine if we can either expedite
reviewoftherequestorpostponetheseparationdatetoavoidaneedlessbreakinservice.

2. You will be notified of approval or modification of recall or layoff /separation rescission for
nonrepresented and nonpermanent employees by August 26 at the latest. If the individual
hasseparated,youmayormaynotbeabletobringbackthesameindividualastheremaybe
anotherindividualwithsuperiorrightstotheposition,ifitisapproved.

3. Intheeventthatabargainingunitwithemployeesworkinginyouragencydoesnotapprove
theirindividualunitagreement,itispossiblethatyouwouldhavesomeflexibilitytorescind
some of the layoffs in that bargaining unit. If you are considering that action, you should
provide a listing of those members who you propose to bring back or for whom you would
proposerescindingapendinglayoff.Youmayormaynotbeabletobringbackorretainthe
sameindividualastheremaybeotherindividualswithsuperiorrightstotheposition.

4. Inthecomingweeks,OPMwillaskyoutopreparethefollowing:

a. Arefillplanforyouragencythatidentifieswhichspecificvacantandfundedpositions
that you would propose to refill. Please include alternatives that fill 10% and 30% of
the available vacancies. This list should not include retirements, which will be
compiledseparately.

b. A list of positions that have become vacant due to retirement (or anticipated to
become vacant due to retirement by 10/1/11). Please indicate up to 10% or 30% of
thesewhichyouwouldproposetorefill.

c. AfinalrefillplanwillnotbefinalizeduntilafterOctober1.

Unfortunately, regardless of the outcome of the ratification, we face an uncertain year. We have
considerable savings targets that we must accomplish, and have no option but to operate state
governmentintheblack.Whilewewillallbegladthatresolutionofourpathforwardmeansthatwe
canfocusourenergiesonthemanagementofouragenciesandservicetothepublic,wecannotlose
sightofoureconomicplightandcontrolourfinancesaccordingly.

If you are uncertain about the outcome of the ratification vote and how it impacts your agency,
please contact OLR for the most accurate information. Also, please expect more detailed guidance
fromOPMonthesemattersinthecomingweeks.

Again,thankyouforyourtirelessefforts.PleasefeelfreetocontactmeifIcanbeofassistance.

KindRegards,

BenBarnes

C: GovernorDannelP.Malloy
Lt.GovernorNancyWyman
TimBannon
AndrewMcDonald
RoyOcchiogrosso
MarkOjakian
PaulPotamianos
LindaYelmini

07/27/11 11:00 FAX 860 566 7035 BD OF LABOR REL @]006

'STATE COMPLAINT
'10AJ7
IN THE MATTER OF
'RESPONDENT'S ADDRESS:
STATE OF CONNECTICUT
LABOR DEPARTMENT
CONNECTICUT STATE BOARD OF LABOR RELATIONS
Uf' (RESPONDENT)
(COMPLAINANT)
.'RESPONDENT'S PHONE: *>*<-. "
NUMBER OF EMPLOYEES INVOLVED IN ALLEGED PROHIBITED PRACTICE:
UNIT DESCRIPTION OR NATURE OF WORK DONE BY EMPLOYEE(S) INVOLVED:
' ") '^'"X O^^P ^'"^
COMPLAINT
PURSUANT TO SECTION i-274 OF AN ACT CONCERNING COLLECTIVE BARGAINING FOR STATE EMPLOYEES, THE UNDERSIGNED ALLEGES THAT THE ABOVE-NAMED RESPONDENT HAS
ENGAGED IN AND IS ENGAGING IN PROHIBITED PRACTICES WITHIN THE MEANING OF SECTION 5-Z7Z Of SAID ACT, IN THAT: (SPECIFY THE PARTICULAR ALLEGED VIOLATION. WITH A GENERAL
STATEMENT OF THE FACTUAL BASIS FOR THE COMPLAINT.) '
SUBSCRIBED AND SWORN TO BEFORE ME THIS
NOTARY PUBLIC
JUSTICE OF THE PEACE
CJOMMISSIONER OF SUPERIOR
COMPLAINANT
SIGNATURE
k 5*-^'*
PRINT NAME & TITLE
COMPLAINANT'S ADDRESS:
COMPLAlNANTra,pHONE:
RTIFIGATION OF SERVICE
i HEREBY CERTIFY THAT, PURSUANT TO SECTION 5-273 -23 OF THE CONNECTICUT GENERAL REGULATIONS, A COPY OF THE FOREGOING WAS
MAILED TO THE RESPONDENT BY REGISTERED OR CERTIFIED MAIL.
07/27/11 11:00 FAX 860 566 7035 BD OF LABOR REL E1007
Lisa Herskowitz Complaint
ADDRESSES AND PHONE NUMBERS OF RESPONDENTS
State Employees Bargaining Agent Coalition c/o Attorney Dan Livingston, 557 Prospect Avenue,
Hartford, CT 06105, (860) 233-9821.
Division of Criminal Justice, c/o Chief State's Attorney Kevin Kane, 300 Corporate Place, Rocky Hill, CT
06067, (860) 258-5800.
Governor Dannel Malloy, Office of the Governor, State Capitol, 210 Capitol Avenue, Hartford, CT 06106,
(860) 566^840.
Connecticut Association of Prosecutors, c/o Attorney Jack Doyle, Union President, State's Attorney's
Office, 235 Church Street, New Haven, CT 06510, (203) 927-5356.
AMENDMENT TO COMPLAINT (continued)
The respondents have continued to engage in coercion and interference with the rights of union
members, to refuse to bargain in good faith, and to violate the duty of fair representation, in violation of
Connecticut General Statutes Sections 5-271 and 5-272-The member unions rejected the tentative
agreement in June in accordance with SEBAC's former bylaws even though 57 percent of the members
purportedly voted in favor of it. The no vote was finalized on July 5, 2011,1 believe. That should have
closed the contracts and ended the negotiations, but SEBAC begged the governor to resume
negotiations.
The governor threatened, not only massive layoffs after the agreement was voted down, but also
legislative changes to state-employee benefits that are mandatory subjects of bargaining. The State
Senate actually passed such a bill on June 30.1 believe it was SB 1301. 1 also believe the governor called
for it the day before. In decision No. 2456 dated January 14,1986, at page 10, the State Board of Labor
Relations (Board) stated that "threats and attempts ... to seek legislative changes in conditions of
employment that are mandatory subjects of bargaining are not favored ..." While the board held in that
case that such conduct did not constitute bargaining In bad faith, the Board relied on the facts that the
legislature was unwilling to allow such an "end run" around the bargaining process, and also that the
State did bargain in good faith for an extended period of time after the threat.
In this case, the democrat-controlled legislature has demonstrated a willingness to legislate against
union members at the request of the governor, thus the threat is very real. The House did not vote on
the bill so it is still out there. It was tabled pending further action by SEBAC. Moreover, since then, the
governor has continually refused to bargain in good faith. He refused to negotiate at all unless SEBAC
first changed rts bylaws in a way that would have permitted passage of the original agreement He also
refused to consider anything but a "clarified" version of the rej'ected agreement. Then, on July 21, he set
a final deadline of July 22 for SEBAC to endorse what is essentially the same agreement, which they did
at about 10:00 p.m. Talk about pressure and coercion!
Subscribed and sworn before me this>^ day of JM I[H, 2011.
Lisa Herskowitz
-^^!i A 'V
_, Commissioner of the Superior Court
07/27/11 11:00 FAX 860 566 7035 BD OF LABOR REL i]008
Lisa Herskowitz Complaint
Leo Canty is Executive Secretary of the Connecticut AFL-CIO and second vice president of the AFT-
Connecticut, which is a SEBAC union. I believe he casts the vote for AFT but cannot be sure because he
has consistently refused to provide me and others with the minutes of the SEBAC meetings. Saturday
morning, July 23, Leo posted on the SEBAC Facebook page, InThisTogether, "Ourvote? This is absolutely
awful - what DANNO is doing to us all- he is awful, -but you are correct - no one likes' a concession
package - and...no one "likes" layoffs (exceptPOWER RANGER DANNO)...no one (except heartless TIN
MAN DANNO) 'likes seeing the poor and disadvantage^ suffer from lack of vital services for them no one
wants to see our collective bargaining rights skewered (except(R)ENVY PSEUDOCHRISTIE DANNO (R)CT)
someone has to use their brains and their hearts and their poweror money,whateverthat may be, to
end the atrocities -if s not sared sacrifice hereits ours .. " Clearly the governor did not bargain in good
faith- Clearly SEBAC leaders knuckled under. Leo's duress Is evident from his words. 1 wish SEBAC had
refused to be coerced and filed a complaint. They didn't so lam doing it for them. I still would like to see
the minutes from all of the SEBAC meetings on these issues.
As for my own union, CAP, they have continued to violate their duty of fair representation. Under the
former SEBAC bylaws, my extremely small union between 250 and 260 members had some power
because any two unions could reject an agreement. Now eight unions and fifty percent of the vote plus
one (instead of two unions and twenty one percent) are needed to reject an agreement My union no
longer has a meaningful voice In a sea of 45,000 plus state employee union members. Our president,
John Doyle, never asked for member input on changing the bylaws. Even though our union passed the
agreement, it was only by seven votes with a larger number not voting, and voting to change the bylaws
and render our union powerless and helpless is a vital and completely different issue.! emailed our
union Vice President, Christopher Godialis, as well as John Doyle about this but didn't get a response. It
is impossible to fairly represent the membership on such an important issue without consulting them or
even telling them what you are planning on doing. Also, John Doyle never asked for input before
endorsing the "clarified'" agreement, just like he didn't consult with us regarding the original agreement
Moreover, I just learned today, July 25, 2011, that CAP violated its own bylaws during the voting process
on the original agreement. Our bylaws require a meeting to transact any business, with a quorum
present, presumably so we can assemble and debate and a minority cannot make decisions for us. There
Was no meeting. The bylaws also require that membership action on any issue "shall require the
affirmative vote of at least two-thirds of the votes..." Our vote was 114 yes to 107 no, not even close to
the two-thirds needed for affirmation. Nevertheless, our leader registered our vote as a yes vote in
violation of our bylaws.
As for SEBAC, they have once again exceeded their authority by negotiating our wages. This is totally
unfair. As small as my union is, no matter what our vote is, other unions will determine what happens to
our wages, Increments or bonuses, and longevity pay. We are supposed to negotiate this individually.
SEBAC has usurped and interfered with our normal collective-bargaining process, and my union has
again violated its duty of fair representation by allowing It
Subscribed and sworn before me this2day of ^"/M, 2011.
Lisa Herskowitz
--... i \. f -\ Commissioner of the Superior Court
07/27/11 11:00 FAX 860 566 7035 BD OF LABOR REL i]009
Lisa HerskowitK Complaint
Under its former bylaws, SEBAC is required to give 30 days written notice to all members of any vote to
change the bylaws. They did not do it The leaders "waived" it. The bylaws change has huge implications.
The notice requirement was designed to give union members time to object and maybe seek legal
redress. Waiving it violated the duty of fair representation. I believe the members should have been
allowed to vote on the bylaws change. At the very least, they should have been given adequate notice
and an opportunity to protest it
SEBAC has also violated the duty of fair representation by endorsing an agreement that is in all material
respects the same as the agreement that was voted down. We exercised our collective-bargaining rights
and voted no to it. To resurrect it goes beyond mere interference with our rights, it runs our rights over
with a truck and then backs up and runs them over again. The agreement was rejected- Then SEBAC
changed the rules of voting. Then they endorsed the same agreement. They have for all intents and
purposes eliminated "our rights entirely. It would be unconscionable to allow them to make us keep
voting until they get the result they want. That is if they even let us vote. There have been suggestions
that not all of us will even be allowed to vote on the "clarified" agreement
The original agreement was voted down in June. Our contracts remained unchanged- Even under the
new bylaws, SEBAC needs the approval of 14 unions with at least eighty percent of the membership to
reopen an existing contract. SEBAC apparently reopened "negotiations" again without such a vote. Leo
Canty claims they could do this because they never re-closed the contract after the no vote. I believe
this was unfair. Had there been a new vote on re-opening the contracts. Sal Luciano probably would
have been constrained to vote no on it, just as he voted no to the bylaws change. The contracts would
not have been reopened because Sal's union, AFSCME, represents more than twenty percent of the
membership. By changing bylaws and waiving notice and waiving a new vote under Section 10(a] of
their bylaws on whether to reopen the contract, SEBAC is essentially coercing the membership into
ratifying an agreement we have already voted down. I have been trying to get information on what
actually happened Friday night Was there a vote to endorse the "clarified" agreement? What was the
vote? 1 have been unable to obtain any information so far from either SEBAC or CAP.
SEBAC has a web page, inthistogetherct.org. They shut down the comments section because of negative
comments about the agreement that was voted down. They also have a Facebook page, as mentioned
above, which union members resorted to in order to communicate with SEBAC and each other. I was
posting on that site Saturday, July 16 into Sunday, July 17, trying to get information on the upcoming
vote on bylaws changes, 1 was verbally attacked by Jim Vigue, who is the Political Director of the
Connecticut Employees Union Independent 110.1 challenged him on the fact that his union was voting
to change the bylaws even though its membership voted down the agreement. He went nuts and
attacked me and anyone who came to my defense. He called me a "liar," an "asshole," and a "loser." He
said that 1 and my sister are "two worthless pieces of crap." He apologized the next morning and blamed
it on the wine. He has since recanted ttie "wine" thing and the pagemaster has deleted everything he
ever said. 1 Just happen to have copies of the highlights.
Subscribed and sworn before me this^day of JT>/M. 2011.
Lisa Herskowitz _
r-Commissioner of the Superior Court
07/27/11 11:00 FAX 360 566 7035 BD OF LABOR REL 0010
Lisa Herskowitz Complaint
Now SEBAC has changed its Facebook policy. Only the pagemaster- usually Leo Canty- can initiate
posts. Others can comment but they have been deleting any negative comments. They have managed to
banish me from commenting at all. Everything on there is pro-agreement now, except for Leo's one post
quoted above, and that has already been deleted. Matt O'Connor is on television all the time for SEBAC-
Thls weekend, he told all of the "union busters" (aka "no" voters) to "fuck off & let our voters freely vote
this time" We are union dissenters, not busters.
In Decision No. 2464 dated March 19,19S6,the Board talked extensively about union members' rights
to free speech, and specifically to engage in criticism. It is coercive for SEBAC to post only positive
comments on their Facebook page. Anyone who doesn't know the history would think that everyone is
in favor of the agreement. It also allows them to post misinformation and refuse to let anyone dispute it
They are engaging in content-based censorship in violation of the constitution andjn an^effortjto^push
people into voting yes.
SEBAC, CAP and all of the unions in my opinion have violated the duty of fair representation by doing
nothing to defend state employee union members in the press and at the legislature- They keep trying
to shove this agreement down our throats. They act like the members did something wrong in rejecting
it and they have to save us from ourselves. They have made us look bad to the public by touting
something that we rejected as a "great deal." The leaders are not representing us at all, just themselves,
and they are bringing scorn and wrath down upon us. They are even attacking some of us in an
unprofessional way on their public Facebook page. They have labeled the dissenters, or even those just
questioning the fairness and legality of their latest moves, as "destructive" forces. We pay dues. We
have a right to dissent, to question, to demand information they refuse to provide. They represent us,
right? How can demonizing us possibly be fair representation?
Had SEBAC and the unions asked for our input the first time around and offered something to us that
was honest and palatable, we state employees would all be heroes. Instead they let the governor
dominate them and put before us an agreement we couldn't accept and subjected us to scorn, ridicule
and anger. This breach of duty is so bad that I believe SEBAC and all of the member unions should be
decertified. There may be another vote coming, if they let all of us vote at all. 1 pray the Board will take
action as quickly as possible. These abuses of union members' rights are flagrant and will continue until
the governor and management and SEBAC and the individual unions get what they want. Please act as
soon as possible to put an end to it.
Thank you for your attention and consideration.
Subscribed and sworn before me this^ day of 3Vi / M , 2011.
LJsa Herskowitz
, Commissioner of the Superior Court
Summary of Changes in this Tentative Agreement
II. Reaffirmation of the Independence of the Plans. The parties reaffirm that the State
Employee Pension and Health Care plans are set forth in contract, and are intended to and
shall remain independent of any other pension or health care plans that may or may not
be created by state government. Neither the legislature nor the governor shall have the
ability to include the state employees health care plan in Sustinet or any other program.
II.A. To avoid the changes in the tentative agreement (except mail order of prescription
drugs), a members last day of work would have to be September 30 and retirement
effective October 1. (Formerly the dates were August 31 and September 1).
II.A.1.(i) Mandatory mail order of prescription drugs after the first prescription (90 days)
will begin after October 2
nd
for active employees and retirees under the age of 65.
II.A.1.(iii). Mail-ordered prescription drugs may be picked-up at any local pharmacy that
wishes to participate in the maintenance drug network.
II.A.2(h). No increase in premiums or deductibles will occur if a covered dependent not
in a members custody (due to legal decree or divorce) does not comply with the Health
Enhancement Plan.
II.A.2(h). Members contributions to the Retiree Health Care Trust Fund will be used
solely to pay retiree health care costs of contributors to the fund. This requirement is
permanent and irrevocable beyond the agreements expiration in 2022.
II.C.2. The effective date of the 2% minimum cost-of-living adjustment (COLA) shall be
October 2, 2011 (formerly September 30, 2011).
II.C.2. The early retirement reduction factors are effective October 2, 2011.
II.D. There will be quarterly reports of the progress towards achieving full funding of the
Pension and Retiree Healthcare Plans.
Attachment A.
A.1. The general wage increase effective 7/1/11 will cease upon ratification of the
agreement. For members who earned their top-step bonus on July 1, 2011, the money
received will have to be repaid in equal payments over the 23 pay periods following
ratification.
A.2. The first general wage increase in the contract (2013-2014) will be delayed for as
long as we received the July1, 2011 general wage increase. The raises in the fourth and
fifth years of the contract will be on time.
Attachment G -- Questions and Answers made part of the Agreement



SEBAC
State Employees Bargaining Agent Coalition
> Administrative &
Residual Union
Local 4200/AFT
> AFT Connecticut
> American Association of
University Professors -
Connecticut State
University
> American Association of
University Professors -
UCONN
> American Federation of
State, County, &
Municipal Employees -
Council 4
> Congress of Connecticut
Community Colleges/
SEIU Local 1973
> Connecticut Association
of Prosecutors
> Connecticut Employees
Union Independent/
SEIU Local 511
> Connecticut Federations
of School Administrators
Local 61
> Connecticut Police and
Fire Union/IAFF-IUPA
> Connecticut State Police
Union
> CSEA SEIU Local 2001
> International
Brotherhood of Police
Officers/SEIU Local 731
> New England
Healthcare Employees
Union,
District 1199/SEIU
> UCONN Health Center
Faculty-AAUP
August 18,2011
Honorable Dannel P. Malloy, Governor
State of Connecticut
210 Capitol Avenue
Hartford, CT 06106
Dear Governor Malloy:
As you are aware, the Revised Tentative Agreement has now been fully ratified.
Through the collective bargaining process, as difficult as it was, the parties were able
to bridge the tremendous gap between them. It is now essential that we move
forward as expeditiously as we can to carry out the intent and spirit of the agreement.
You have already made clear that you intend to reverse the layoffs, rescind the layoff
notices, and restore critical services. We ask you to do so immediately, and we ask
you to do so completely.
We also ask that the parties move immediately to implement the transformational
processes in the agreement, processes meant to address decades of imbalance
between management and frontline services, to end the overuse of expensive and
inefficient outside contractors, and eliminate the irrational disincentives to recruiting
and retaining full time state employees. We call upon you to immediately make the
administration's appointment to the joint committees that the agreement establishes
to address these issues, and to help implement the hundreds of ideas our members
brought forward through the collective bargaining process. We will make our
appointments immediately as well.
The agreement also requires you to issue an executive order to see that "vendors and
service providers doing business with the state do so at reasonable rates of return and
under terms that reflect the shared sacrifice being asked from all sectors of
Connecticut society." We know that you issued this order on June 1 of this year, and
we ask that you take steps to assure that Commissioners are honoring this order and
moving forward.
In one of our state's darkest times, state employees have stepped forward once again
to be part of the solution. By immediately reversing the layoffs and notices, and
moving on to address years of imbalance in the governance of our state, we can
assure that we are part of a solution which makes things better for public service
workers, and for the public which we serve.
Very truly yours,
ETHERCTorg
Daniel E. Livingston
(On Behalf of SEBAC Leadership)
MEMORANDUM OF AGREEMENT
This Agreement is made by and between the State of Connecticut ("State") and the
State Employees Bargaining Agent Coalition ("SEBAC"), for the following purposes:
1. to modify the agreement between the parties known as SEBAC IV dated
May 26, 1995 as approved by the legislature.
2. to effect changes in the current pension agreement between the parties
and to comply with the reopener provisions of SEBAC IV;
3. to modify health insurance provisions of the current pension agreement
as may have been changed through the Health Care Cost Containment
Committee ("HCCCC");
4. to permit negotiations and arbitration over an early retirement incentive
program and other related issues;
5. to permit negotiation and arbitration over domestic partners after
January 1, 1999.
1. PENSION PROVISIONS
I. FUNDING
A. Past Service Liability. The maximum amount the State's contribution could be
reduced for the unfunded past service liability for the 1998-99 and 1999-2000 fiscal
SEBAC 5 Page l
years as provided in the SEBAC IV Agreement shall be eliminated. For the fiscal
year period beginning July 1, .1998 through June 30, 2017, the Retirement
Commission shall determine all past service liability contributions by utilizing the
level percent of payroll method of funding. The fact that all p a ~ t service liability
contributions are based upon the level percent of payroll method offunding for the
period 1998 through 2017 will not be utilized by elther party to advance its position
in any arbitration following the expiration of this agreement on June 30, 2017.
8. Spending Cap. If statutory changes are required dealing with the Expenditure
. Cap in order that the level percentage of funding method does not adversely impact.
the Expenditure Cap, the parties will jointly seek to effectuate such changes.
C. Actuarial Certification to coincide with the Biennial Budget period. Beginning
with the 1999-2001 biennial budget, the Retirement Commission shall, on or before
December first preceding each biennial budget, for the two years of the next
succeeding bie'nnial budget certify the required contribution amount to the general
assembly.
D. Resetting of Assets to Market Value. Effective with the June 30, 1996 actuarial
determination, the actuarial value of assets shall be reset equal to the market value.
The'asset value shall then phase-in to the five-year average asset method over the
ensuing four years. The increase in actuarial asset value as a result of this restart
shall be identified as a separate actuarial gain and shall be used to further reduce
the annual unfunded past service liability determined above. This reduction shall
be calculated to amortize the asset gain over the 35 year period commencing June
30,1997 asa level percent of pay. The initial year's reduction shall apply to fiscal
year 1997-98.
SEBAC 5 Page 2
E. Amendment of C.G.S. 5-156a. Effective upon approval of this Agreement by the
General Assembly, Connecticut General Statutes 5-156a shall be amended to
incorporate the funding changes agreed to by the parties.
II. S E R V I C E S ~ PERFORMED UNDER A PERSONAL SERVICES OR SIMILAR
AGREEMENT. When an employee presents a claim to the Retirement Commission
that services performed under a personal services or similar agreement constitute
state service for the purpose of retirement, the Retirement Commission shall
continue to apply its standards in making this determination. If the service
constitutes state service, the employee shall be granted credit for service for the
purpose of retirement. The payment of the contribution, if any, required of the
employee shall be determined as if the individual was a state employee at the time
the service was performed. Provided, however, if the personal services or similar
agreement contains a rate of pay reflecting additional compensation in recognition
of exclusion from the State's benefit plans, the Retirement Commission shall not
grant credit for such service.
III. FIVE (5) YEAR VESTING: Effective July 1, 1997, the vesting requirements of Tier
II set forth in C.G.S 5-1921(a), and 5-1920(a) shall be changed to a minimum offive
(5) years of actual state service. All other service requirements to receive pension
benefits under Tier I and II shall remain unchanged.
IV. TIER IIA: A new defined benefit pension plan shall be established for employees
who are employed or reemployed on and after July 1, 1997. It shall be the same
as the present Tier II plan, except as provided herein. Nothing in the agreement is
intended to vary the provisions for bridging service which currently exist in the Tier
I and Tier II plans. The vesting requirement under Tier IIA will be a minimum offive
(5) years of actual state service. The ability to receive credit for certain types of
SEBAC 5
Page 3
nonstateselVice is the same as Tier II. Provided, however, the employee must pay
the amount determined under the formula set forth in Tier I for the purchase of the
applicable selVice. The COLA formula in Tier IIA is the same as set forth in VI. C.
provided, however, an employee must have at least ten (10) years of actual state
selVice or directly makes the transition into retirement in order to be entitled to
receive a COLA. Employee contributions are required under Tier IIA. For
hazardous duty members, the employee contribution shall be five percent (5%) of
the employee's salary and for nonhazardous duty members, the contribution shall
be 2% of salary. Effective upon approval of this Agreement by the General
Assembly, Connecticut General Statutes shall be amended $S provided in Appendix
B.
V. PRETAX PENSION CONTRIBUTIONS: Effective July 1, 1997, employee
contributions to the State Employees retirement system, regardless of which tier the
employee is a member, shall be made on a pretax basis as allowable under IRC
414(h). The Retirement Commission and/or the Retirement and Benefit Services
Division shall take whatever steps are necessary to accomplish this result.
VI. COST OF LIVING ADJUSTMENT:
A. Effective Date for Tier I and Tier II members. The parties have agreed to
change the cost of living adjustment (COLA) provisions of Tier I and Tier" to
the provision outlined in subsection D. below effective for employees retiring on
and after July 1,1999. Employees who retire from July 1, 1997 through June
1, 1999 shall have the irrevocable choice of existing, applicable COLA formula
or the revised formula presented below. The Retirement and Benefit SelVices
Division shall develop a form which clearly explains the difference between the
formulas. Each member retiring during the above window shall sign the
SEBAC 5 Page .j
Division's form prior to the effective date of retirement selecting one COLA
formula and waiving the other. The Retirement Commission shall not have
authority to change the selection of any such member. In the event that a
member fails to make a selection, the current three percent (3%) formula shall
be utilized in determining the COLA adjustment for such member.
B. Recertification. As a result of the change in the formula utilized for Cost of
Living Adjustments, utilizing a four percent (4%) C.P.I. assumption, the Plan's
actuary shall recertify the amount of State Contribution required for the next
fiscal year (1997-98).
C. Tier IIA. The Cost of Living Adjustment applicable to Tier IIA members shall be
the formula outlined in subsection D below.
D. Revised Cost of Living Formula. The revised Cost of Living for employees
eligible shall be a two and one half percent (2.5%) minimum with a six percent
(6%) maximum. The determination of amounts in excess of the 2.5%
guaranteed amount shall be calculated utilizing a formula wherein the total
COLA increase shall be sixty percent (60%) of the increase in the CPI through
six percent (6%) and seventy-five percent (75%) of the increase in the CPI over
six percent (6%). In no event shall the COLA be less than 2.5% or greater than
6.0%. The CPI shall be defined as that utilized by the Social Security
Administration on June 29, 1996.
VII. HAZARDOUS DUTY RETIREMENT GRANTED UNDER THE 1988 PENSION
AGREEMENT. Any classification which was granted inclusion in Hazardous Duty
Retirement granted by the arbitrator under the specific terms of the 1988-1994 ;
Pension Arbitration Award shall not be required to contribute at the hazardous duty
rate for service prior to January 12,1990. Additionally, the increase in contribution
SEBAC 5
Page 5
rate for hazardous duty retirement under the terms of the 1988-1994 Pension Award
shall be effective on January 12, 1990 for employees covered on that date. A
hazardous duty contribution shall be required for all service performed in such
classification after such date.
Vllf. LEAVES GRANTED UNDER SEBAC II. Assuming appropriate documentation
of said leave is received in the Retirement and Benefit Services division, any
member who did not receive credit for leaves granted or agreed to under the terms
of the SEBAC II agreement shall be granted such credit if required employee
contributions are made.
IX. TERM: Unless specifically provided otherwise herein, the parties hereby agree
that the State Employees Retirement System shall not be changed through June 30,
2017 unless mutually agreed by the parties, with the exception of the pension
changes which the parties discussed and will resolve as a part of these
negotiations. Such changes will be made a part of this agreement.
2 . HEALTH CARE PROVISIONS
I. The provisions of the current pension agreement regarding health insurance, as
may have been modified by the Health Care Cost Containment Committee, shall be
amended as necessary to provide the followings:
A. Initial Vendors
If Blue Cross is willing to provide 3-tier, insured, blended rates as outlined
in their Jetter to Steve Weinberger dated January 13, 1997, with corrections dated
January 15, 1997, (relevant portions attached hereto), Blue Cross shall be the
Vendor for the plans described as "Blue Cross" in paragraph B, below. If Blue
Cross is unable or unwilling to provide coverage at the rates referred to in that
SEBAC 5
Page 6
letter, the State has the right pursuant to part E, below, to select an alternate carrier
with equivalent coverage. ("Coverage" refers to both benefits and access).
8. Employee Share
Notvlfithstanding any other provision of this agreement or any provision of the
Connecticut General Statutes, the health insurance plans available, and the
employee's share of health insurance costs under those plans, shall be as indicated
below.
1. 7/1/97 - 6/30/99
The employee's monthly share of health insurance costs for
the 7/1/97-6/30/99 period shall be dollar amount found in the
following chart
Vendor!
Plan
Individual One
Plus
One
Family FLES
Blue Cross
pos Pref
Blue Cross
POSAdv
Blue Cross
POE Adv
MD Health
POE
Kaiser
$37.70
514.00
50.00
$0.00
$0.00
$127.74
578.90
547.38
$47.38
$0.00
$151.71 $84.64
593.12 834.92
"
567.12 527.64
$67.12 527.64
SO.OO SO.OO
SE8AC 5
a. 7/1/99-6/30/2017
After 6/30/99, the above employee's share will be increased in
proportion to any increase in rates charged by a carrier for equivalent
Page 7
SEBAC 5
coverage. Employees shall pay a premium share for individual
coverage under "POE" plans as listed in the above chart if the POE
rate paid by the State for individuals exceeds $210 per month, in
which case the individual employees will pay six percent (6%) of any
- increase above $210 per month in total premium costs for such POE
plans.
C. Retirees
1. Employees retiring on or before June 1, 1999
The State will pay 100% of the health insurance premium for
employees who retire on or before June 1, 1999, and their eligible
dependents up to the ccst of the Blue Cross POS Advantage plan, or
a plan providing equivalent coverage as provided for by this
agreement. If the retiree chooses a more expensive plan, such as the
POS Preferred plan referenced in the Chart above, the Retiree will
pay the difference between that plan's rates, and the POS Advantage
rate for the form of coverage selected.
2. Employees retiring after June 1, 1999
Until July 1, 2000, employees retiring after June 1, 1999 and their
eligible dependents shall be treated as indicated in paragraph 1,
above. Effective July 1, 2000, the State shall pay 100% of the the
health insurance premium up to the cost of the Blue Cross
Advantage POE plan, or a plan providing equivalent coverage as
provided for by this agreement. If the retiree chooses the Blue Cross
Advantage POS plan, or its equivalent, that retiree shall pay one third
Page 8
-....:-:..'-. -
(1/3) of the difference between the Advantage POS rate and the Advantage POE
rate. If the retiree chooses a more expensive plan, such as the POS Preferred plan
referenced in the Chart above, the Retiree will pay the full difference between that
plan's rates, and the POS Advantage rate, for the form of coverage selected, in
addition to the one-third difference between the Advantage POS and the Advantage
POE rate.
3. Medicare Risk
All employees, retirees and dependents who are eligible for Medicare
coverage ("Medicare eligibles") will be offered the "Medicare Risk"
option (where a private insurer assumes the insurance risk currently
assumed by Medicare) set forth by the federal government as soon as
it is available. A Medicare eligible who has a "seamless" option of
selecting Medicare risk - i.e. where it would not affect such person's
pre-selection coverage - and nevertheless chooses not to select the
seamless Medicare risk program, shall bear the additional cost caused
by such refusal to select the Medicare risk program. The additional' .
cost will be made known to each such person at each open enrollment
opportunity.
D. Special Circumstances
1. Out of Area
Neither employees nor retirees shall be required to bear additional
costs from not choosing an option such as a POE, or POS Advantage,
where such a program, or its equivalent, is not available in his/her
geographic area.
SEBAC 5 Page 9
SEBAC 5
E. Serious Health Conditions
Where an employee or retiree with a serious medical condition is restricted
in his/her ability to select more affordable plans because his/her doctor is not
in s U ~ h plan's network or is not otherwise available through such plan, the
State, by making arrangements with the doctor, or by allowing the
employee/retiree to remain on his/her original plan, or through other equally
appropriate means shall assure that the employee is able to continue such
medical treatment without incurring additional costs.
F. Changes in Vendors
The State may select additional and/or alternative carriers to those indicated
in the chart above by working through the Health Care Cost Containment
Committee to seek additional and/or alternative carriers who will provide
equivalent health insurance coverage to its employees. SEBAC does not
have the ability to veto or to force to arbitration through the neutral chair the
selection of any party to provide such health insurance coverage under the
terms of this agreement. The State retains the ability to select and contract
with any party to provide health insurance for its employees consistent with
the terms of this agreement pursuant to C. G.S. 5-259. The State will
. negotiate with SEBAC over the implementation of any such coverage.
Absent mutual agreement to the contrary, whenever health insurance is bid
out, it will be on the basis of 3-tier, insured, blended rates.
Page 10
3. GENERAL PROVISIONS
I. EARLY RETIREMENT INCENTNE PROGRAM: Nothing in this Agreement shall
preclude the parties from initiating interim bargaining on early retirement incentive
programs and related issues.
II. CODIFICATION: The parties have agreed to submit the language of the Pension
Agreement in statutory form to the Legislative Commissioner's Office for codification
in the Connecticut General Statutes.
Ill. DOMESTIC PARTNERS: The issue of whether and how domestic partners
should be covered by pension and welfare benefits shall be the subject of contract
reopener negotiations and arbitration to begin on or about January 1, 1999.
SEBACshall contact the State thirty (30) days prior to the date it wishes to begin
such negotiations.
IV. PLACEMENT AND TRAINING FUND: If the balance in the Placement and
Training Fund falls below $1.0 million, the Placement and Training Agreement
which was negotiated between the parties as part of SEBAC III shall be subject to .
negotiations.
V. ARP CASHABILITY RESTRICTIONS; Any current restrictions contained in the
plan on the ability of a member of ARP who has left state service to receive their
ARP account shall be removed. This is not intended to change an Internal
Revenue Service or other federal or state law which restricts the payout of this type
of benefit.
VI. REEMPLOYMENT RIGHTS OF EMPLOYEES WHO ELECT TO RETIRE AND
RECEIVE A RETIREMENT BENEFIT TO AVOID LAYOFF OF A FELLOW
EMPLOYEE. Any employee who elects to retire and receive a retirement benefit
SEBAC 5 Page [1
in order to avoid the layoff of a fellow employee shall have reemployment rights as
provided in their contract, SEBAC III and under the Connecticut General Statutes
,
as ifthey had not elected to retire and receive a retirement benefit. Such employee
shall be entitled to waive reemployment rights by signing a clear waiver of such
rights and filing the same with either the Placement and Training Committee or
his/her last employing agency.
VII. INSURANCE COVERAGE AS A RESULT OF A VALID JOB SHARING
AGREEMENT. In the event two employees execute a valid job sharing agreement,
the job sharing agreement shall not in any way adversely impact each employee's
ability to qualify for medical insurance when he/she retires, unless the employee(s)
and their collective bargaining representative expressly waive his/her right to
medical insurance. Additionally, it shall not have any effect on an employee's
ability to qualify for medical insurance as an active employee, unless the
employee(s) and their collective bargaining representative expressly waive his/her
right to medical insurance.
VIII. RETIREE INSURANCE FOR EMPLOYEES HIRED ON AN0 AFTER JULY 1,
1997. An employee who is hired on and after July 1, 1997 must have at least ten
(10) years of actual state service to be eligible for insurance as a retiree. Such an
employee who terminates state service and does not immediately begin to receive
his/her pension shall be entitled to the same health insurance benefits as active
employees receive at the time he/she begin to receive pension payments.
Provided, however, laid off employees and employees who leave state service
because there is not a fair assurance of continued employment shall be treated like
employees who transition immediately into retirement and not as deferred vested
employees.
SEBAC 5 Page 12
IX. INCREASE IN THE MONTHLY RETIREMENT BENEFITS OF CERTAIN FULL
TIME EMPLOYEES. Employees who were employed on a full time basis and who
had twenty-five (25) [twenty (20) years of hazardous duty service for hazardous
duty members] years of state service at the time of their retirement prior to June 1,
1997 whose monthly retirement benefit is less than $900 per month at the time the
Medicare Risk program is implemented may have their monthly benefit increased.
The increase shall be implemented when the Medicare Risk program is
implemented. The parties agree to have up to $3.0 million from the Pension Fund
allocated on a one time basis for the purpose of increasing such benefits. The $3.0
million amount is designed to represent the entire cost of providing this benefit and
not just the one year cost. The parties shall suggest one or more alternative
formula to the Plan's actuary. The Plan's actuary shall calculate the amount of
increase which can be provided to such retired employees and shall certify the
amount to the parties. This increase as selected by the parties shall be available.
to such retired employees only and shall not increase the monthly amount of any
such retired employee over $900 per month.
X. ACTUARIAL QUALIFICATION: An actuarial trustee may either be a member
of the Fellow of the Society of Actuaries or the Conference of Consulting Actuaries.
XI. PURCHASE OF FURLOUGH TIME: To the extent not already purchased,
employees shall be permitted to purchase any furlough or temporary layoff time
served as a result of the provisions of any SEBAC II agreement, the October
Expense Reduction Plan or the Emergency Furlough days in July, 1991.
XII. MISCELLANEOUS ISSUES: The parties have had discussions regarding
the following issues. Changes in these area will be implemented upon mutual
SEBAC 5 Page 13
agreement of the parties:
the offset of disability retirement benefits for outside
employment under Tier II and IIA
payment of a benefit during the pendency of certain disability
- retirement claims
a method to simplify the calculation of service
claims of mistake due to the October 1, 1985 deadline
XIII. PURCHASE OF RETIREE HEALTH INSURANCE FOR PART-TIME
EMPLOYEES AND THE SPOUSES OF DECEASED RETIRED
G,( lLf,-1tfv,L I tth1- "'1
EMPLOYEES: Part-time employees and the spousesl\of deceased state
employees not otherwise eligible to receive retiree health insurance from the State
shall have the right to purchase retiree health insurance under the COBRA plan.
The rules applicable to the payment of the premium for such insurance shall be
governed by the Retirement and Benefit Services Division.
XIV. EFFECTIVE DATE: Except as specifically otherwise provided herein, the
provisions of this agreement apply to employees who leave employment with the
State of Connecticut effective on and after July 1, 1997. Employees who
terminated, died, retired or otherwise ceased to be employees of the State of
Connecticut shall have their pension and welfare benefits determined on the basis
of the plan provisions in effect at the time they ceased to be employed by the State
of Connecticut. Changes in benefits and entitlements shall be effective July 1,
SEBAC 5 Page
1997, except as specifically otherwise provided herein. The parties acknowledge
that the benefits of retired employees may be altered only by mutual agreement of
the parties.
...
XV. SUCCESSOR NEGOTIATIONS: The provisions of the Pension Agreement or any
general statute or public act or special act to the contrary notwithstanding, the State
agrees to bargain with SEBAC over a successor to the Pension Agreement, on
matters which are mandatory subjects of bargaining. Negotiations shall commence
on or about September 1, 2016 and shall be conducted in accordance with the
provisions of the State Employee Collective Bargaining Act in effect as of January
1, 1997, including, but not limited to the provisions of the Act concerning impasse
resolution, mandatory subjects of bargaining, legislative approval of any agreement
or arbitration award. In such negotiations, the negotiated changes in contributions
for the unfunded accrued liability shall not be asserted by either party as a basis for
reduction in pension benefits.
//14 '.
. '1U/fTIIru...
Daniel E. Livingston,
Chief Negotiator
Date:
SEBAC 5 Page i5
MEMORANDUM OF AGREEMENT
This Agreement is made by and bern'een the State Employees Bargaining Agent
Coalition ("SEBAC"), including each of its member unions that is designated as an
exclusive bargaining representative under the State Employee Collective Bargaining Act,
Conn. Gen. Stat. 5-270 et seq. (the "Act"), and the State of Connecticut, its executive
and judicial branches, including all subdivisions thereof which bargain as separate
employers under the Act (the "State").
I. Pension Funding
a. The parties agree that as of the June 30, 1995 actuarial valuation, the actuarial
value of assets shall be reset to the market value of assets with a phase-in to the five year
average asset method over the ensuing four years. The increase in asset value as a result
of this restart of the asset valuation method ""ill reduce the unfunded accrued liability.
This reduction shall be funded over 36 years based on the level percentage of payroll
amortization method and present period. This reduction in funding shall be used to
reduce the level of contribution othemise resulting from the June 30, 1995 valuation (and
future valuations) and the funding policy now in place pursuant to the existing
agreements between the parties. The initial year's reduction in contribution shall apply to
1996-1997.
b. The employer's contributions to the State Employees Retirement System
("SERS") for Ulll'i.mded accrued liability shall be as follows for the next four fiscal years:
Fiscal Year
1996-97
1997-98
All Funds
S152,000,000*
S164,150,000*
* These amounts are calculated on the level percentage of payroll funding method to
determine the contribution toward the ur,f.mded accrued liability reduced by the savings
determined under paragraph I-a above.
The level percentage of payroll funding method shall be continued for the 1998-99 and
1999-2000 fiscal years. However, the contribution toward the unfunded accrued liability
shall be not more than $100,000,000 for 1998-1999 and not more than $70,000,000 for
1999-2000 lower than the amount that would be calculated utilizing the level dollar
funding method provide in Conn. Gen. Stat. 5-156a. These amounts shall be in addition
to the amounts calculated from the resetting of assets outlined in paragraph I-a above.
SEBACAGREEMENT-5/26/95-l
::
II. Pension Protection
The parties agree that the Pension Protection provIsIOns of the SEBAC II
agreement benveen the parties is hereby continued in full force and effect. The parties
will continue their practice regarding employee contributions which may be due under
this provision. -
III. Pension Grievance and Arbitration Award
a. SEBAC hereby withdraws v.ith prejudice the pending grievance filed with the
Pension Grievance Committee regarding the nonpayment of the contribution toward the
Cost of Living for retirees. Such \\ithdrawal does not reflect on either parties' position
regarding the merits of the issue.
b. The litigation concerning PA 92-226 shall be \"ithdrawn and SEBAC agrees
not to enforce the arbitrator's award against the State or to othernise challenge PA 92-
226.
IV. Health Care Issues
a. The Health Care Cost Containment Committee (HCCCC) shall create a
managed care program for the present dental insurance benefits. The program shall be
effective as soon as possible.
b. The offer of the current health care vendors to e:>..1end the current medical
insurance program on an insured basis based on the rates they charged the State in effect
for 1995-96 through June 30, 1999 shall be accepted, unless a superior alternative is
mutually agreed by the HCCCC.
c. Any savings generated by the HCCCC shall inure to the benefit of the State.
V. Statutory Revision
The provisions of the pension agreement benveen SEBAC and the State and any
and all revisions thereto shall be codified into state law.
VI. Term and Successor Negotiations
a. Except as modified by this agreement, or any interim agreement, or the
reopener arbitration, the current Pension Agreement benveen SEBAC and the State is
extended until June 30, 2000.
b. There shall be a reopener effective July 1, 1997 and any changes to the
Pension Agreement made as a result of the reopener negotiations will not be effective any
earlier than such date. The reopener shall not deal with funding of the SERS.
SEBACAGREEMENT-5/26/95-2
",
Additionally, the reopener shall not deal with health insurance rates charged by providers
prior to July 1,1999.
c. Reopener negotiations shall commence no later than January 31, 1996 and
arbitration, if necessary, shall commence no later than October 1, 1996.
d. In the reopener, the parties "ill negotiate and arbitrate, if necessary, over the
subjects of bargaining that were or could have been bargained under the 1988- 1994
Pension Agreement Any arbitration of reopener issues shall take place under the same
procedures that governed the 1988-1994 Pension Agreement. The Ground Rule, first
executed in February 1994 shall govern the negotiations and arbitration ofthe reopener.
VII. Continuing Negotiations
The current pension negotiations shall continue for purposes of exchanging such
demands as the parties believe might be subject to mutual agreement. However, such
negotiations shall not be subject to arbitration and shall result in changes to the Pension
Agreement only by mutual agreement.
VIII. General Provisions
a. Those provisions of this Agreement that modifY the Pension Agreement
between the State and SEBAC are subject to ratification by SEBAC.
b. This Agreement is subject to ratification by the General Assembly.
c. This Agreement replaces the Memor<illdum of Agreement between the parties
dated May21, 1995.
FOR THE STATE OF CONNECTICUT
Date
FOR THE STATE OF CONNECTICUT
FOR THE STATE EM:PLOYEES
BARGAmINGAGENT
COALITION (SEBAC)

SEBACAGREEMENT-5/26/95-3

Dominic Badolato
Executive Director
Joel Schweidel
Staff Representative
AFSCME
Robert "\leach
President
State Police
r/9
Steven
President
CEUI
Edward Marth
Executive Director
U Conn. - AlWP
Robert Rinker
Director
CSEA

Lewis E. Randall, Ph.D.
Director, AFSA Local 61
Je B
esident
N.E.H.C.E.U.
District 1199

Carmine Centrella
Protective Services

President
A & RUnion
SUPERSEDENCE APPENDIX .
SEBACIV
MEMORANDUM OF AGREEMENT
Connecticut General Statute
5-156a
)
AGREEMENT BETWEEN
THE STATE OF CONNECTICUT
THE STATE EMPLOYEES BARGAINING AGENT COALITION
STATE OF CONNECTICUT
DEPARTMENT OF ADMINISTRATIVE SERVICES
OFFICE OF LABOR RELATIONS
STATE PERSONNEL DMSION
ONE HARTFORD SQUARE WEST
HARTFORD, CT 06106
)
)
)
AGREEMENT
BETWEEN
STATE OF CONNECTICUT
AND
NEW ENGLAND HEALTH CARE EMPLOYEES' UNION DISTRICT 1199, SEIU, AFL-
CIO
COUNCIL 4, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES, AFL-CIO
LOCALS 196, 269, 318, 355, 387, 391, 478, 538, 562, 610, 704, 714,
749, 1303-148, 1303-255, 1303-256, 1303-282 1437, 1565, 2663, 2836
CONNECTICUT STATE FEDERATION OF TEACHERS - AMERICAN FEDERATION OF
TEACHERS, AFL-CIO;
UNIVERSITY OF CONNECTICUT PROFESSIONAL EMPLOYEES ASSOCIATION, LOCAL
3695
UNIVERSITY HEALTH PROFESSIONALS, LOCAL 3837
STATE VOCATIONAL FEDERATION OF TEACHERS, LOCAL 4200A
FEDERATION OF TECHNICAL COLLEGE TEACHERS. LOCAL 1942
JUDICIAL PROFESSIONALS, LOCAL 4200B
ADMINISTRATIVE & RESIDUAL EMPLOYEES UNION, LOCAL 4200
AMERICAN FEDERATION OF SCHOOL ADMINISTRATORS, AFL-CIO
CONNECTICUT STATE UNIVERSITY - AMERICAN ASSOCIATION OF UNIVERSITY
PROFESSORS .
THE UNIVERSITY OF CONNECTICUT CHAPTER OF THE AMERICAN ASSOCIATION
OF UNIVERSITY PROFESSORS
CONGRESS OF CONNECTICUT COMMUNITY COLLEGES
CONNECTICUT EMPLOYEES UNION INDEPENDENT, LOCAL 511, SEIU, AFL-CIO
CONNECTICUT STATE POLICE UNION
CONNECTICUT STATE EMPLOYEES ASSOCIATION
PROTECTIVE SERVICE EMPLOYEES COALITION, IAFF, LOCAL S-15, IUPA,
LOCAL 74, AFL-CIO
)
HEMOR.i\HDUH OF AGREEMENT
This Agreement is made by and between the State of
connecticut ("State") and the State Employees Bargaining Agent
Coalition ("SEBAC"), for the the following purposes:
(1) to effect changes in the current pension
agreement between the parties (as set forth in the Pension
Arbitration-Award of September 25, 1989);
(2)
program;
to implement an early retirement incentive
)
(3) to modify health insurance provisions of the
current pension agreement and to permit negotiations over
other specified items related to health benefits;
(4) to approve provisions concerning pension and
health insurance as they relate to layoffs, furloughs, wage
concessions and other aspects of certain agreements made
between the State and various State employee unions.
LAYOFFS AND FURLOUGHS
1. May and June Layoffs. An employee who was laid off
effective May 30, 1991, and who elected to retire effective
June 1, 1991, and an employee who was laid off effective June
13, 1991 and who elected to retire effective July 1, 1991,
shall be deemed to have made a direct transition from State
employment to retirement status and thus be eligible for life
,
)
insurance pursuant to Conn. Gen. Stat. S5-257(d), partial sick
leave payment pursuant to Conn. Gen. Stat. S5-247(a), and
prorated longevity pay pursuant to Conn. Gen. Stat. S5-21J(b).
The statutory provisions referenced herein are those of the
General Statutes revised to 1991.
2. . Furloughs. Credit for furlough days for purposes
.!
)
)
of pension, longevity, .leave accruals and other benefits shall
be treated in the same manner as leave under the Voluntary
Leave section of this Agreement.
II. PENSIONS
1. Pension Protection. Any employee who retires from
State service, under the state Employees' Retirement system
("SERS") or the Teachers' Retirement system ("TRS"), during the
period from July 1, 1991 through June' 30, 1994, and who, for
. the purposes of pension calculation, utilizes any or all of the
1991-92 or 1992-93 contract years for the purpose of
calculating average earnings, shall be entitled
to include the wage increases which would have been paid had
the provisions of paragraph 1 supra and the related unit
agreements not been implemented.
Any employee who would have received an annual increment in
1992-93 had the provisions of paragraph 2, supra, not been
implemented, and who retires from state service under the State
Employees' Retirement system ("SERS") or the Teachers'
55545/2
)
Retirement System ("TRS"), during the period from JUly 1, 1991
through June 30, ~ 9 9 4 , and who, for the purposes of pension
calculation, utilizes 1992-93 contract year earnings for the
purpose of calculating his/her final average earnings, shall be
entitled to include the sum of five hundred dollars ($500.00)
(prorated for part-time service) in his/her final average
earnings.
In order to provide pension protection for employees
covered by the Alternate Retirement Program (nARPn), if an
employee enrolled exclusively in ARE leaves State service
during the period from July 1, ~ 9 9 ~ .through June 30, 1994, and
at the time of separation has at least ten ( ~ O ) years of actual
State service, the state shall make the employer contribution
to ARE on the wage increases which would have been paid on
his/her salary during the 1991-92 and/or 1992-93 contract
years, if the provisions of paragraph 1 supra had not been
implemented. Implementation of this provision is subject to
the approval of .TIAA-CREF.
Any employee who benefits from this item shall be required
to make the applicable employee contributions on the amount of
imputed wage increases for which he/she is receiving the
benefit. For example, an employee in Tier I of the SERS shall
be required to pay two percent (2%) (five percent if in Plan A) r;
on the increase in his/her final average earnings which results
from the application of this section.
5554S/3
L
2.
Reamortization. The accrued past s e ~ i c e liability
\
i
J
)
for pensions shall be reamortized, consistent with the
following principles:
a. The pension fund's liability for the early
retirement program of 1989 shall be reamortized over a
period of forty (40) years with payment to commence in
the 1994-95 fiscal year.
b. The pension fund's liability for the Early
Retirement Incentive Program provided by this Agreement
shall be amortized over a period of forty (40) years with
payment to commence in the 1994-95 fiscal year.
c. The employer's contribution for past service
liability shall be reduced by $215 million for the
1991-92 fiscal year.
d. From.July 1, 1992 forward, the remaining past
service liability shall be amortized on the basis.of a
level dollars payment per year for a period of forty (40)
years. The 1992-93 payments to the pension fund shall be
based on this reamortization and not the valuation
received in November 1991. Said payments may be modified
by mutual agreement of the State and SEBAC as provided in
paragraph 2 below.
Upon ratification of this Agreement by the General
Assembly, the provisions of this section concerning the
amortization of past service liability under the State Employee
Retirement System shall supersede the provisions of Conn. Gen.
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Stat. S5-156a as amended by the p e n ~ i o n Arbitration Award of
September 25, 1989 and other prior .agreements of the parties,
and any other provision of any general statute or pUblic act or
special act to the contrary. Upon legislative approval of this
Agreement, Conn. Gen. Stat. S5-156a shall be deemed amended in
accordance with Appendix A.
3. Upon request of ,the State, SEBAC agrees to meet and
discuss reduction in employer contributions to the pension fund
for 1992-93 and/or 1993-94 .and reamortization of past service
liability related to such reductions. such discussions shall
not be considered "negotiations" and shall not be SUbject to
the impasse resolution processes of Conn. Gen. Stat. S5-276a.
4. There shall be an Early Retirement Incentive Program
as provided in Appendix B.
III. HEALTH INSURANCE
1. Effective' immediately; the provision for sharing of
managed care or. other savings resulting from Health Care.Cost
containment activities, as provided in Section 9g of the
Pension Arbitration Award of, September 25, 1989, is eliminated
and all savings, including the following, shall accrue to the
sole benefit of the State:
$28 million - change to ASO contract
$12 million - Blue cross Blue Shield rate
reduction
$ 5 million - Managed Care effects on costs
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2. Effective as soon as practicable following the
execution of this Agreement, payroll deductions for employee
contributions for health insurance premiums shall be deducted
from pre-tax wages under a premium conversion plan pursuant to
Section 125 of the Internal Revenue Code.
The amount of an employee's salary reduction for purposes
of the section 125 premium conversion plan shall not reduce
his/her salary for the purposes of Conn. Gen. Stat. 55-154(h)
or 5-192f(c). Additionally, the amount of such reduction
shall not affect when such member's salary reaches the Social
Security maximum. Any member of the State Employees'
Retirement System shall make contributions to the System, if
applicable, without regard to the salary reduction, and no
member shall make additional contributions under Conn. Gen.
Stat. 5-161(a) until the member's salary reaches the Social
Security maximum.
3. Effective upon ratification of this Agreement by the
General Assembly, -Conn. Gen. Stat. 55-259 shall be amended as
provided in Appendix C.
4. The State and SEBAC shall pursue establishment of a
Pre.ferred Provider Organization in accordance with Appendix D.
IV. WORKERS' COMPENSATION
1. There shall be continued exploration of the
application of the managed care program and large case
5554S/6
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management principles to workers' compensation medical
treatment providers.
2. The State and SEBAC shall jointly pursue the
establishment of a preferred provider network for provision of
medical treatment to employees who are eligible for workers'
compensation, as provided in Public Act 91-339.
V. VOLUNTARY LEAVES AND SCHEDULE HODI7ICATIONS
The provisions of the Voluntary Leave and Schedule
Reduction Program which require modification of the current
pension agreement between the State and SEBAC, as well as any
provisions of the program concerning health insurance, are
hereby ratified by SEBAC. The details of this program are set
forth in unit agreements.
VI. GEliERAL PROVISIONS
1. This Agreement is sUbject to ratification by SEBAC.
2. This Agreement is sUbject to ratification by the
General Assembly.
3. Except as otherwise provided in this Agreement or an
Appendix, disputes over application of the provisions of this
Agreement shall be resolved through discussion between the
parties.
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APPENDIX A
AMORTIZATION OY PAST SERVICE LIABILITY YOa PENSIONS
Section 5-l56a. FUnding of Retirement system on
A c t u a r i a ~ Reserve Basis.
(a) The 5tate Employees' Retirement System shall be
funded on an actuarial reserve basis. The Retirement
Commission shall, on or before December first, annually certify
to the general assembly the amount necessary on the basis of an
actuarial determination to gradually establish and subsequently
maintain the retirement fund on such determined actuarial
reserve basis, and make such other recommendations with regard
to such fund and its administration as the commission deems
appropriate. The Retirement Commission shall, at least once
every two years, prepare a valuation of the assets and
liabilities of the system. On the basis of each such
valuation, it shall redetermine the normal rate of contribution
and, until it is amortized, the unfunded past service
liability. The General Assembly shall review the Commission's
recommendations and certification and shall appropriate to the
retirement fund the amount certified by the Retirement
Commission as necessary provided said certification is in
compliance with this section at the time of certification, and
the amount so certified shall not be reduced or used for other
than the purposes of this section.
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(b) The retirement commission shall determine by using
the projected unit credit actuarial funding method (1) a normal
rate of contribution which the state shall be required to make
into the retirement fund in order to meet the actuarial cost of
current service and (2) the unfunded past service liability.
The state contribution will be the sum of the normal cost and
the amount required for a forty-year amortization of unfunded
liabilities. The State's contribution to fund past service
liability shall be reduced for the fiscal year by $215
million. The liability incurred as a result of the early
retirement program in 1989 shall be reamortized over a period
of forty (40) years to commence July 1, 1994 and payment to
commence as of such date. The liability to be incurred as a
result of the early retirement program in 1991-92 shall be
amortized over a period of forty (40) years to commence July 1,
1994 and payment to COmmence as of such date. for
the certification for the fiscal year beginning July 1, 1992,
and for. each year thereafter, the funding program for the
actuariai reserve basis shall consist of the Sum of the normal
cost and the amount required for a forty (40) year amortization
of unfunded liabilities on a level dollar payment per year.
The forty (40) year period for such amortization shall commence
July 1, 1994. Said State payments shall not be reduced or
diverted to any purpose other than the payment into the
retirement fund until the past service liability is funded and
said fund is determined to be actuarially sound.
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(c) Transfer of appropriated amounts from the general
fund to the retirement fund shall be made in equal monthly
payments during the fiscal year.
(d) No act l i b e r a l i z ~ the benefits of the plan shall be
enacted by the General Assembly until the Assembly has
requested and received from the Retirement Commission a
certification of the cost or such change under the actuarial
funding basis adopted by section 5-154 and this Section using
full normal cost plus forty year amortization.
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APPE:NDIX B
EARLY RETIRZMIDI'l' INCENTIVE PROGRAM
There shall be an Early Retirement Incentive Program
offered to full time State employees during the 1991-92 fiscal
year in addition to the normal retirement program.
A. Eligibility Rules
The following members of the State Employees Retirement
System shall be eligible to participate in the program:
1.
. 2.
All State employees who will be at least 52 years of
age on or before February 29, 1992, and who declare in
writing their intention to participate in the
Incentive Program between November 1, 1991, and
February 29, 1992; and
Who have at least ten (10) years of actual, credited
State service in the State Employees Retirement
System, which must consist of time worked and may not
include purchased service credits or credits
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c. transferred from another employer;
3. In the case of hazardous duty employees, a minimum of
twenty (20) years of actual, credited State service;
and.
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4.
5554S/11
Who were on active status and appeared on the payroll
or received Workers' compensation as of October 1,
1991, except that employees on leave of absence with
expected return dates between Octobe.r 1, 1991, and
June 30, 1992, may also participate.
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B. Effective Date of Retirement
All retirements under the program shall be effective not
later than March 1, 1992, except as provided
At the state's option, the effective date of an early
retirement may be deferred on a case-by-case basis to not later
than July 1, 1992, for instructional faculty members in any of
the constituent units of higher education or the
vocational-technical school system or like educational settings
designated by the state. In such cases, the extended service
shall be credited.
In the event that the General Assembly fails to approve
this Program, any employee who has retired hereunder on or
after January 1, 1992 shall be entitled to rescind his/her
retirement and return to provided'he/she does
so within thirty (30) days of written notice from the State.
c. Incentive
An individual is eligible for the Early Retirement
Incentive ,Program shall be permitted to add up,to three (3)
years to their age or up to three (3) years to their service,
or any combination not to exceed three (3) years in total.
service shall be added to the age until it adds to 55. Those
members who have attained age 55 or more on or before
February 29, 1992, must use the incentive for service credit
only. Incentive years must only be used in whole units of one
month.
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D. ,Restrictions
For purposes of this plan, a full time employee is one who
works 35 or more hours per week. Those on voluntary leave
pursuant to this Agreement shall be held harmless from this
definition if they worked 35 hours or more prior to arranging
the volUntary leave. Actual age shall be used in calculation
of all related benefits such as Plan B reductions, Group Life
Insurance
r
etc. Actual paid wages
r
not projected wages, unless
stated to the contrary elsewhere in this Agreement, shall be
used in all benefit calculations. Accrued vacation days at
retirement must be credited as increased service time.
Disability retirement is excluded from consideration in this
Incentive Program.
E. Payment for Unused Sick and vacation Days
Any employee participating in the Incentive Program shall
be eligible for payment of sick and vacation leave in
accordance with existing rules modified as follows: Payment
for such unused'sick and vacation days shall be made in'
installments of one-quarter of the value owed pursuant to the
statute and contract on or about -- November J., J.992; May J.,
J.993; November J., J.993; and April J., J.994. The state, as its
option, may make the payment in one installment (J.J./J./92 or
earlier) if the payment due is less than $2,000.00
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F. Reduction of Labor Force
The parties to this Agreement recognize the purpose of the
Early Retirement Incentive Program is to reduce the number of
active State employees and effect payroll savings among the
agencies of state government. Consequently, in part
consideration for the Early retirement Incentive Program, SEBAC
and all of the individual unions which are parties to this
Agreement shall-cooperate with the state to minimize the cost
of replacements for employees who retire and to ameliorate any
disruption in staffing caused by the Early Retirement Program
as follows:
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1.
55545/14
If the employer decides to transfer or reassign
an employee(s) in lieu of replacing an employee(s),
such transfer or reassignment within a reasonable
commuting distance shall be effected in accordance
with the applicable collective bargaining agreement.
In the event that a cross-bargaining unit
transfer and the collective bargaining
agreement does not include a procedure for SUCh, the
State and the appropriate unions shall cooperate in
determining the procedure to be followed.
The parties agree that discussions concerning
cross-bargaining unit transfers shall commence no
later than January 17, 1992. If, after thirty (30)
days, the parties have not reached agreement, any
}
unresolved issues may be submitted by either party to
binding interest arbitration before a mutuaily
agreeable arbitrator. The designated arbitrator shall
hear and decide the unresolved issues consistent with
the last best offer procedure under the state Employee
Relations Act.. The arbitrator's decision shall be
rendered not later than April 1, 1992. The arbitrator
shall consider such general principles as selection by
seniority; reasonable commuting distance; change of
shifts; shift differential and other related aspects.
No cross-bargaining unit transfer shall be
effected until the award has been rendered.
If there is a cross-bargaining unit transfer, the
employee shall have the right to be placed on a
reemployment list for the classification(s) from which
he/she was transferred. In addition, the employee's
seniority in a/the former class and bargaining unit
shall be retained and bridged upon reemployment
thereto..
The unions acknowledge that the commitment to a
low ratio of replacements to retirees may result in
redistribution of duties among the remaining State
employees. Job descriptions shall be liberally
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55545/15
interpreted to accommodate this need for flexibility. f
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The unions shall cooperate with the State In any
efforts at retraining which are necessary as a
consequence of this provision.
G. Training
The parties agree to conduct training for agency and union
personnel regarding the Early Retirement Incentive Program, and
to cooperate in conducting informational meetings for
interested employees.
H. Teachers' Retirement System
A program comparable to the above shall be developed and
offered to employees who are enrolled in the Teachers'
Retirement System rather than the State Employees' Retirement
System.
)
Note:
55545/16
See attached statutory language to be used for
purposes of implementing the above agreement.
section S-163c. Early Retirement Incentive Program.
(a) (1) Notwithstanding any provisions of this chapter and
subsection (f) of section 5-278, any member of the state
employees retirement system who is a permanent full-time State
employee shall be eligible for the early retirement incentive
program described herein provided:
(A) he retires on an early, normal, or hazardous'duty
retirement on either November 1, 1991, December 1, 1991,
January 1, 1992, February 1, 1992, or March 1, 1992 following
his submission of a retirement application to the retirement
commission; and
(B) he has completed at least ten years of actual State
service for retirement purposes prior to the effective date of
his retirement, exclusive of the incentive credit described in
subsection (b) of this section, and has attained age fifty-two
on or before the effective date of his retirement; or
(e), he has 'completed twenty years of hazardous duty
service credit prior to ,the effective date of his retirement,
e x c + ~ s i v e of the incentive credit described in subsection (b)
of this section, at any age.
(2) The effective date of retirement may be deferred by the
State to no later than July 1, 1992 for instructional faculty
members in any of the constituent educational settings. In
5554S/17
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such event the period of deferral shall be creditable in
accordance with the provisions of this chapter.
(3) For purposes of this early retirement incentive program, a
full-time employee is one who works thirty-five or more hours
per week. Those participating in the 1991-93 voluntary leave
or schedule reduction program shall be held harmless from this
definition if they worked thirty-five hours or more per week
prior .toarranging voluntary leave or schedule reduction.
(4) In no event shall this Early Retirement Incentive Program
be available to:
(A) applicants for disability retirement;
(B) members whose State service terminated earlier than
the working day immediately preceding the effective date of
retirement except those members, otherwise eligible hereunder,
who were laid off from State service and retired on November 1
or December 1, 1991;.. or
(c)"members who are state-aided institution employees as
defined by Section 5-175, operators of a vending stands covered
by S ~ c t i o n 5-175a, teachers at E.O. Smith School, elected
officials, or employees of the United States Purchasing and
Finance Office.
55545/18
(b) (1)
A member who meets the eligibility requirements herein
shall have three incentive years added to his service credit
for retirement purposes except if the applicant on the
effective date of either early or normal retirement has not
attained age fifty-five, the portion of the three years
necessary to attain age fifty-five will be added to such
member's age with the remainder applied to his service credit.
(2) The additional service credit shall be considered actual
fUll-time state service for all purposes under this chapter,
except for the calculation of the salary used to compute the
retirement benefit.
(3) Any augmentation of the member's age by incentive years
shall be used exclusively for eligibility purposes and the
calculation of the straight life annuity income, as described
in Sections 5-165(a) (4) and 5-192g(a) (4). The aCtual age of
the member shall-be-used for all other purposes including but
not limited to optional payment form factors, and the timing of
t h ~ p l a n B adjustment to retirement income.

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(c) (1) Any member who retires under the provisions of this
early retirement incentive program shall be eligible for
payment of sick and vacation leave in accordance with the
existing rules modified as follows: Payment for such unused
55545/19
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sick and vacation days shall be made in installments of
one-quarter of the value owed pursuant to the C.G.S. sections
5-247 and .5-252 and applicable collective bargaining contract
on.or about November 1, 1992; May 1, 1993; November 1, 1993;
and April 1, 1994. In the event the member dies prior to
receipt of all of the installment payments hereunder shall be
made in accordance with the remaining installments to the death
benefit beneficiary designated by said employee on form C-931.
The state, at its option, may make the payment in one
installment (11/1/92 or earlier) if the payment due is less
than two thousand dollars ($2,000.00).
(2) Any reduction or deferral in payment of accrued vacation
leave to a member retiring under the provision of this early
retirement incentive program shall be disregarded for
retirement purposes, and the. member's retirement benefit
calculated on the basis of the number of accrued vacation leave
days on record the work day preceding the effective date of
retirement.
(d)-,If a retiree who participates in the early retirement
reenters state service, the incentive years
will be excluded from his credit.upon his sUbsequent
retirement.
5554S/20
APPE1IDIX C
HZALTH INSURANCE
Sec. 5-259.' Hospitalization and l I l e d i c a ~ and surgical
insurance' plan. Eligibility. (a) The comptroller, with the
approval of the attorney general and of the insurance
commissioner, shall (arrange and procure] ESTABLISH a group
hospitalization and medical and surgicai insurance plan or
plans for (1) State employees, (2) members of the general
assembly who elect coverage under such plan or plans, (3)
participants in an alternate retirement program AND STATE
EMPLOYED MEMBERS OF THE TEACHER RETIREMENT SYSTEM who meet the
service requirements of section 5-162 or subsection (1) of
section 5-166, and (4) anyone receiving benefits from any
state-sponsored retirement system, except the teachers'
retirement system, the municipal employees retirement system,
the general.assem:bly pension system and the probate jUdges and
employees retirementsystem. EXCEPT AS PROVIDED BELOW, IN NO
EVENT SHALL ANY PERSON EXCEPT THOSE VESTED ON OR BEFORE JUNE
30, 1992 RECEIVING BENEFITS FROM ANY STATE-SPONSORED RETIREMENT
,
SYSTEM BE ELIGIBLE WHO WAS NOT COVERED BY SUCH INSURANCE WHILE
A STATE EMPLOYEE. ADDITIONALLY, NO .CONTINGENT ANNUITANT
RECEIVING BENEFITS FROM ANY STATE-SPONSORED RETIREMENT SYSTEM
SHALL BE ELIGIBLE UNLESS HE OR SHE WAS A DEPENDENT OR COHABITED
WITH THE STATE EMPLOYEE AT THE TIME OF HIS/HER DEATH. The
minimum benefits to be provided by such plan or plans shall be
5554S/21
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sUbstantially equal in value to the benefit which each employee
or member of the general assembly could secure in such plan or
plans on an individual basis on the preceding first day of
July. SUCH PLAN OR PLANS MAY BE ESTABLISHED AS A SELF-INSURED
PLAN OR PLANS ADMINISTERED BY THE COMPTROLLER OR. A THIRD PARTY
ADMINISTRATOR OR MAY BE ARRANGED .AND PROCURED THROUGH AN
INSURANCE COMPANY LICENSED TO DO BUSINESS IN THIS STATE
PURSUANT TO SECTION 38-20. THE COMPTROLLER IS AUTHORIZED TO
ENTER INTO CONTRACTS IN ACCORDANCE WITH ESTABLISHED PROCEDURES
TO CARRY OUT THE PURPOSE OF THIS SUBSECTION, AND HE SHALL
DEPOSIT ANY FUNDS OR MONEYS BELONGING TO THE STATE UNDER ANY
. SUCH SELF-INSURED PLAN IN A QUALIFIED PUBLIC DEPOSITORY.
NOTWITHSTANDING THE PROVISIONS OF SECTION ~ 9 a - 1 6 6 , THE STATE
MAY NEGOTIATE WITH ANY HOSPITAL FOR A DISCOUNT. The State
shall pay for each employee and each member of the general
assembly covered by such plan or plans the portion of the
premium charged for his individual coverage and seventy percent
of the additional cost of his form of coverage and such. amount
shall be credited to the total premiums owed by such. employee
or member of the general assembly for the form of his coverage
under such plan or plans. On or after January 1, 1989, the
.
State shall pay for anyone receiving benefits from any such
state-sponsored retirement system AS PROVIDED ABOVE one hundred
percent of the portion of the premium charged for his
individual coverage and one hundred percent of any additional
5554S/22
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cost for his form of coverage. The balance of any premiums
payable by an individual employee or by a member of the general
assembly for his form of coverage shall be deducted from the
payroll by the State comptroller. The total premiums payable
shall be remitted by the comptroller to the insurance company
or companies or nonprofit organization or organizations
providing the OR, IN THE CASE OF ANY SELF-INSURED
PLAN ADMINISTERED BY A THIRD PARTY ADMINISTRATOR, TO SUCH
ADMINISTRATOR PURSUANT TO THE CONTRACT ENGAGING SUCH
ADMINISTRATOR. The amount of the State's contribution per
employee for a health maintenance organization option shall be
equal, in terms of dollars and cents, to the largest amount of
the contribution per employee paid for any other option which
is available to all eligible State employees included in the
health benefits plan, but shall not be required to exceed the
amount of the health maintenance organization premium.
section (b) and- (c) no- change.
(d). delete
55545/23
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APPENDIX D
IMPLEMENTATION OF PREFERRED PROVIDER ORGANIZATION
AND HEALTH INSURANCE COST REDUCTION
The parties agree to vigorously pursue the establishment of
a state-wide PPO for all State employees and retirees. It is
understood that effective implementation of such will require
certain plan design changes, which may inClude but shall not
necessarily be limited to.different benefit levels for those
who do not use providers in the PPO network. Discussion and
implementation of the PPO shall take place through the Health
Care Cost Containment committee, with implementation targeted
for July 1, 1992 but not later than January 1,1993.
If the PPO has not reduced health/medical benefit costs to
the employer, after one year of implementation, then the state
may request negotiations over other means to. control costs.
Proposals in negotiations may include plan design changes,
employee co-payments or other methods of controlling and/or
reducing costs. If there is no agreement 90 days after the
request for negotiations has been made, this issue may be
submitted to interest arbitration under the pension agreement.
Changes to the plan other than those connected with
implementation of the PPo, whether effected through negotiation
or arbitration, shall not apply to any employee retired prior
to the effective date of the change(s).
55545/24
ADDENDUM TO
EARLY REITRD1ENI' INCENITVE FRCGW1
iO. .
3. WhJ were on activ"l status and appeared on the payroll or received .'01.
Workers I Compensation as of Cctober 1, 1991, except that ,/
enployees on leave of absence with expected return dates between
October 1, 1991 and June 30, 1992, may also participate.,
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B. Effective Date of Retirement
All retirements under the program shall be effective not later than
March 1, 1992, eXcept as provided below.
At the state's option, the effective date of an early retirement may
,be defe=ed on a case-by-case basis to not later than July 1, 1992,
for instnlctional .faculty members and members of the professional
staff employed by the state department of education, the constituent
units of higffir education or the vocational-technical school system
or like educational settings designated by the state. In such cases,
the extended service shall be credited.
In the event that the General Assembly fails to approve this Program,
any' enployee who has retired hereunder on or after January 1, 1992
shall be entitled to rescind his/her retirement and return to active
enployment provided he/she does so within thirty (30) days of written
notice from the State.
C. Incentive
I
An individual ,..no is' eligible for the Early Fetire<..ent IncE>1t1ve
t'rogram shall be penuitted to aO:l up to three (3) years to tr.eir age
or up to thr"le (3) years to the,-r service, or Any ~ i n a t i o n not to
exceed three (3) yeA.rs in tOta1.
)
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Years shall 1:e added to u . ~ age until it adds to 55. Those members who will
have attained age 55 or rore en or 1:efore FebruBry 29, 1992, must use the
incentive for service credit only. Incentive years IllUSt only 1:e used in whole
units of one month.
D.1. Restrictions
Actual age shall 1:e used in tffi calculation of all related benefits
such as Plan C or D reductions, purchase of additional credited
service am supplementary annuities, gmup life insurance, etc.
Actual. paid wages, not projected wages, unless stated to the contrary
elselolbere in this agreement, shall be used in all benefit
calculations. Disability retirement is excluded frem consideration
in this incentive program.
D.2. If a member elects to purchase any additional credited service (e.g.,
military, out-of state teaching etc.) in accoroance with Conn. Gen.
Stat:. lO-l83e, such service must be purchased prior to th=
application of the incentive years of age/service. If the ~ r
elects not to purchase additional credited service, tffi right to
purchase such service sha11 be forfeited.
E. Payment fur Unused Sick and Vacation Days
My eicployee participating in the Incentive Program shall be eligible
for payment of sick ann vacation leave in accordance with existing
.rules modifiedas follows: Payment for such unused sick and vacation
'days shall be made in installments of one-quarter of the value owed
pursuant to the statute am contract on or about ~ r 1, 1992,
11a:y 1, 1993, November 1, 1993, and April 1, 1994. The State at its
option, may make payment in one installment (11/1/92 or earlier), if
th= payment due is less than $2,000..
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January 27, 1992
<.
2835A
(NElli) section 10-18Jon. Early Retirement Incentive Program.
(1) NJt:withstanding any provision of this chapter and subsection (f) of
section 5-278 and subsection (b) of section 10-153<1 to the ccntrary, any
full-time state employee who is a I:ll'imber of the Teachers r RBtireDent System
shall 1:e eligible for the early retirement incentive program under the
following conditions:
(A) The employee is an active" participating ll2Ilber of b.':e Teachers r RBtirement
System service, or receiving workers r ccmpensation benefits as of O:tober 1,
1991, or on a formal leave of absence as of O:tober 1, 1991 as .described in
section lO-183b (15) and Is expected to return to state service on or before
June 30, 1992 and:
(B) The employee hasattained the age of fifty-cwo (52) on or before February
29, 1992 and has sufficient actual credited service, but no feo.-er than ten
(10) years in the Connecticut Teacffirs r Retirement System, so that the
addition of three (3) years of age or credited service would qualify the
l!le!llber for an imnediate nonnal, early or proratable retirement allowance
(actual credited service must consist of time worked and may not include
purchased service credits) :3.nd:
(C) The employee files a fonnal application for a retirement allowance to
becon:e effective not later than Mal:cil 1, 1992 except that the effective date
of retirement lDB:]" 1:e deferred on a case-by-case basis to not later b.'1an July
1, 1992 for instructional faculty ll2Ilbers and IIElIlbers of the professional
staff employed by the state department of education, the ccnstituP.nt units of
higher education or the vocational-technical school system or like educRtional
settings designated by the state. In such cases, the extended service shall
be credited.
(2) An employee who is eligible for the early retirement incentive program
shall be pennitted to add up to three (3) years to their age or up to d"lree
(3) years,', 'their, service or any combination not to exceed three (3) years iIl
total. Service shall be added to the age unt:i.l it adds to fifty-five (55).
Any member who has attained the age of fity-five (55) or =re on or before
29, 1992 shall have the incentive service applied to service credit
only.. Incentive years must 1:e used 'in whole units of one month. Such service
sh".ll be treated as full-time credited public school teaching service and
shall not be ccnsidered for purposes of calculating the average annual salary.
(3) Actual age shall be used in the calculation of all related benefits
incltrling benafit options provided by section 10-183J and =nt:hly annuity
payments provided by section 10-183g (f) and lO-183.
(4) In no event shall this early retir=t incentive program be available to:
(a) a member applying for -a disability allowance described in secdon
10-183aa.
(b a retired rnerober of the r Retirement System who is
re-employed un<ler the proV1.Sions of section lO-183v.
(c) a member 'Nhose state service termtnated than the working
rla;' 1mme<liate1.y pr-eoerling tr-e eff.ective mte of re,tirerrent.
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(5) My' additional credited service which the member is eligible to
purchase in accordance ..nth section 10-183e ll1JSt first be purchased
prior to the application of the iI'.centive years to be applied 'to age
ani or service. If the IDe!Dber elects rot to purchase additional
credited service, tbe right to purchase such service ,,.;ill be
forfeited .
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2835A rev. 1/13/91

SUPERSEDENCE APPENDIX
MEMORANDUM OF AGREEMENT BETWEEN THE STATE OF CONNECTICUT
STATE EMPLOYEES BARGAINING AGENT COALITION
statutes Amended:
Conn. Gen. Stat. 55-154 (h)
Conn. Gen. Stat. 55-156
Conn. Gen. Stat. 55-156a
Conn. Gen. Stat. 55-161 (a)
Conn. Gen. Stat. 55-174
Conn. Gen. Stat. 5-192f
Conn. Gen. Stat. 5-192i
Conn. Gen. Stat. 5 5-192j
Conn. Gen. Stat. 55-192u
Conn. Gen. Stat. 5-196 (1), (q) , (x)
Conn. Gen. Stat. 5-213
Conn. Gen. Stat, 55-247
Conn. Gen. Stat. 55-250
Conn. Gen. Stat. 5-254
Conn. Gen. Stat. 55-257
Conn. Gen. Stat. 55-259
Conn. Gen. Stat. 510-153d
Conn. Gen. Stat. 510-1S3e
Conn. Gen. Stat. 10-183f
Conn. Gen. Stat. 519a-166 (d) and (e)
55545/25
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Regulations Alnended:
Reg. Conn. State Agencies 55-213-1
Reg. Conn. State Agencies 55-238-1, 2
Reg. Conn. State Agencies 55-245-1
Reg. Cohn. State Agencies 55-247-2
Reg. conn. State Agencies 55-248-2, 3
Reg. Conn. State Agencies 55-248a
Reg. Conn. State Agencies 55-250-1, 2, 3, 8
Reg. Conn. State Agencies 55-254-1, ,2
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5554S/26
55545/26
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IN WITNESS WHEREOF, the parties have executed this
Agreement this 3d day of February, 1992.
STATE OF CONNECTICUT
Executive Branch, including:
Department of Administrative Services
Division of Criminal Justice
State Board of Education
Department of Higher Education
Board of Trustees of Community and Technical Colleges
Connecticut State University
University of Connecticut
State Board for Academic Awards
JUdicial Department
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By
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Regald J. ,\!'!TIith . .
Commissioner of Administrative
Services
STATE EMPLOYEES BARGAINING AGENT COALITION
By See Attached
5554S/27
NEW ENG
AFLi-CIO
CARE EMPLOYEES' UNION DISTRICT 1199, SEIU,
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COuNC L 4, AMERICAN FEDERATIO OF STATE, COUNTY AND MUNICIPl,L
EMPLOYEES, AFL-CIO
LOCALS 196, 269, 318, 355, 387, 391, 478, 538, 562, 610, 704, 714,
749, 1303-148, 1303-255, 1303-256, 1303-282, 1437, 1565, 2663, 2836
CON TI OF ERS - AMERICAN FEDERATION OF
UNIVERSITY OF CONNECTICUT PROFESSIONAL EMPLOYEES ASSOCIATION, LOCAL
3695
LOCAL 3837
L 4200A
COLLEGE TEACHERS. LOCAL 1942
EMPLOYEES UNION, LOCAL 4200
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CONNECTICUT
PROFESSORS
ASSOCIATION OF UNIVERSITY
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THE.UNIVERSITY OF CONNECTICUT CHAPTER OF THE
OF UNIVERSITY PROFESSORS
AMERICAN ASSOCIATION
CONGRESS COMMUNITY COLLEGES
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CONNECTICUT STATE EMPLOYEES ASSOCIATION
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MEMORANDUM OF AGREEMENT
This Agreement is made by and between the American
Federation of state County and Municipal Employees, Connecticut
Council #4, AFL-CIO ("AFSCME"), including each of its member
locals which is designated as an exclusive bargaining
representative under the state Employee Collective Bargaining
Act, Conn. Gen. stat. 5-270 et seq. (lithe Act") , and the state
of Connecticut Executive Branch, including those sUbdivisions
thereof which bargain as separate employers under the Act whose
units are covered by this Agreement for the following
bargaining units:
Administrative Clerical
(NP-3)
Corrections (NP-4)
Social and Human
Services (P-2)
criminal Justice Employees
Connecticut Prosecuters Unit
r. LAYOFFS
Charter Oak College
Profes'sional Employees.
Department of Higher
Education Administrators
Department of Higher
Education Professional
Employees
1. An employee who was laid off effective May 30, 1991,
and who elected to retire effective June 1, 1991, and an
employee ,who was laid off effective June 13, 1991 and who
elected to retire effective July 1, 1991, shall be deemed to
have made a direct transition from State employment to
retirement status and ,thus be eligible for life insurance
r
pursuant to Conn. Gen. stat. S-ZS7(d) , partial sick leave
payment pursuant to Conn. Gen. Stat. S-Z47(a) , and prorated
longevity pay pursuant to Conn. Gen. Stat. S-Z13(b). The
statutory provisions referenced herein are those of the General
Statutes revised to 1991.
Z. There shall be no additional layoffs which result in

loss of employment during 1991-9Z. In the event that

programmatic changes require additional position eliminations,
every oeffort shall be made to effect such reduction? by
attrition. If attrition is insufficient, the State and AFSCME
shall cooperate in effecting transfer, reassignment and/or
retraining of affected employees. This provision is subject to
modification in unit agreements.
3. The above shall not apply to grant or federally funded
positions eliminated or reduced due to loss of or reduction in
funding, or to appointments with termination or end dates. Nor
shall this Agreement prevent giving notices of layoff or
nonrenewal during 1991-92 for actions to be effective in
subsequent year(s).
>4. It is understoodOthat the State reserves the right to
substitute other layoffs for the layoff(s) of any employee(s)
reinstpted as a result of a grievance over said layoff(s).
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S. Reinstatement from Layoff
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a. Any employee who is reinstated from layoff
pursuant to the terms of this Agreement shall, upon
reinstatement, have restored to him/her the accumulated sick
leave balance which was in effect as of the date of layoff.
48695/2
b. Any employee who is reinstated from layoff in
accordance with the provisions of this Agreement shall be
eligible to re-enroll in the same level of group life insurance
purchased as of the time of layoff, without the waiting period
required for new enrollments pursuant to Conn. Gen. Stat.
5-257.
c. An employee who is reinstated pursuant to the
terms of this Agreement and who is a member of the Tier I
retirement system shall not be eligible for any refund of
contributions based on his/her layoff. Any'such employee who
accepts the State's offer of re-employment shall rescind any
pending request for a refund of retirement contributions. If
such refund has already been processed, the employee shall
repay the fUll amount to the State Retirement system.
d. Any employee who is reinstated from layoff
pursuant to the terms of this Agreement shall have restored to
. his/her credit any unused personal leave day balance which
existed a ~ the time of layoff.
e. Any employee who is reinstated from layoff
pursuant to the terms of this Agreement, and who was enrolled
in a State group health insurance plan as of the time of
his/her layoff shall be reinstated to the same plan effective
December 1, 1991. For employees who have dependent coverage
under a group health insurance plan, the bi-weekly check dated
December 13, 1991 shall include the applicable payroll
deductions for dependent coverage contribution for two
bi-weekly pay periods.
48695/3
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f. Any employee who is reinstated from layoff
pursuant to the terms of this Agreement shall have the option
to purchase vacation time for which he/she received a lump sUm
payment at the time of layoff, in accordance with the following:
(1) The employee shall be required to make a
written election to purchase vacation, on a form provided by
the state. Such election must be made not later than November
20, 1991, and submitted to the employee's agency personnel
office.
(2) The agency shall inform- -the employee of the
payment amount required, not later than November 27, 1991. The
payment amount required shall be the gross wages paid less
deductions for retirement contributions, FICA and income tax
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withholding.
state. )-
(Adjustments for these items shall be made by the
(3) Payment due must be made by the employee to i
the agency not later than December 2, 1991.
The state shall cooperate in providing information to the
Labor Department for any employee who purchases vacation and
seeks an adjustment in his/her unemployment compensation.
g. An employee who is offered reinstatement pursuant
to the terms of this Agreement and who declines shall retain
his/her reemployment rights under the applicable collective
bargaining agreement. The State shall-not challenge the
receipt of unemployment benefits by an employee who remains on
layoff.
4869S/4
II. WAGES
1. The parties agree that wage increases shall be
implemented in accordance with the terms of the individual unit
agreements negotiated in connection with this Agreement.
2. Annual increments and lump sum payments, and/or their
equivalents, shall not be paid for the contract year 1992-93.
After the 1992-93 year, all increments, lump sums and/or
equivalent payments shall be resumed on their normally
scheduled dates.
3. Other contractually described payments and
allowances, such.as but not limited. to stipends., shift
premiums, reimbursements and meal allowances shall continue in
1991-92 and thereafter, at the rates reflected in the
appropriate individual collective bargaining agreement(s).
In the absence of identified contractual premium/payment
increases, the funding level of the benefit shall continue for
the length of the contract or extension, at the negotiated rate
currently in effect.
4. Pension Protection; Any employee who retires from
State service, under the State Employees' Retirement System
("SERS") or the Teachers' Retirement System ("TRS"), during the
period from July 1, 1991 through June 30, 1994, and who, for
the. purposes of pension calculation, utilizes any Or all of the
1991-92 or 1992-93 contract years for the purpose of
calculating his/her final average earnings, shall be entitled
48695/5
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to include the wage increases which would have' been paid had
the provisions of paragraph 1 supra and the related unit
agreements not been implemented.
Any employee who would have received an annual increment
in 1992-93 had the provisions of paragraph 2, supra, not been
implemented, and who retires from State service under the State
Employees' Retirement System ("SERS") or the Teachers'
Retirement,system ("TRS"), during the period from July 1, 1991
through June 30, 1994, and who, for the purposes of pension
calculation, utilizes 1992-93 contract year earnings for the
purpose,of calculating his/her final average earnings, shall be
entitled to include the sum of five hundred dollars ($500.00)
(prorated for part-time service) in his/her final average
earnings.
In order to provide pension protection for employees
covered by the Alterna'te Retirement Program ("ARP"), if an
employee enrolled exclusively in ARP leaves State service
during the period from July 1, 1991 through June 30, 1994, and'
at the time of separation has at least ten (10) years of actual
State. service, the State shall make the employer contribution
to ARP on the wage increases which would have been paid on
his/her salary during the 1991-92 and/or 1992-93 contract
years, if the provisions 'of paragraph 1 supra had not been
implemented. Implementation of this provision is SUbject to
the approval of TIAA-CREF.
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Any employee who benefits from this item 4 shall be
required to make the applicable employee contributions on the
amount of imputed wage increases for which he/she is receiving
the benefit. For example, an employee in Tier I of the 5ER5
shall be required to pay two percent (2%) (five percent if in
Plan A) on the increase in his/her final average earnings which
results from the application of this section.
5. Objective Job Evaluation. The provisions of this
section shall not affect implementation of objective job
evaluation studies according to existing contracts.
III. VOLUNTARY LEAVES AND SCHEDULE MODIFICATIONS
1. Upon request of any employee, or group thereof, and
agreement of the appointing authority, a schedule modification
which reduces the work week or provides enhanced coverage or
efficiency, or a voluntary leave of absence may be granted. An
employee who is granted reduced hours or a leave of absence
shall have his/her pay reduced accordingly.
2. Approval of any such request, except as may already
be provided in unit contract language, shall be at the sole
discretion of the agency, and the grant or denial thereof shall
not be the sUbject of or the basis for a collateral attack or
grievance review.
3. The-agency shall notify the bargaining agent of any
agreements reached or leaves granted hereunder.
48695/7
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4. Unpaid leave or reduced hours shall not be granted
wherein the employee would fall below the unit threshold for
health insurance benefits. The employer shall notify the
employee in writing, prior to final agreement, if any such
schedule modifications would impact the accrual of leave time,
or sundry benefits.
5. Voluntary leaves undertaken as a result of these
provisions shall not operate to interrupt the continuous
employment status of the participant.
6. The willingness of the parties ti:i agree to this
provision as a part of the. overall settlement shall be without
prejudice, and shall have no value as precedent.
.7. This provision, as well as any leaves and schedule
modifications granted pursuant to this provision, shall sunset
no later than September 1, 1992, unless the appropriate parties
mutually agree to the continuation thereof.
8. Further provisions pertaining to this program are
detailed in Appendix A attached hereto.
IV. UNIT AGREEMENTS
1. The Executive and Judicial Branch employers and the
collective bargaining representatives with whom they bargain
have reached tentative agreements to extend collective
bargaining agreements and implement wage changes in accordance
with individual unit agreements attached hereto as Appendix c.
48695/8
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2. Furloughs. In the event that any unit agreement
provides for furlough days, credit for such days for purposes
of pension, longevity, leave accruals and other benefits shall
be treated in the same manner as leave under the Voluntary
Leave section of this Agreement.
3.- The General Provisions attached here to as Appendix 8
are applicable to the Administrative Clerical, Social and Human
Services and Corrections bargaining units.
V. GENERAL PROVISIONS
1. Those provisions of this Agreement which modify the
Pension Agreement between the State and the State Employees
Bargaining Agent Coalition ("sEBAC") are sUbject to
ratification by 5EBAC.
2. Those provisions of this Agreement which modify
and/or extend individual unit collective bargaining agreements
are sUbject to ratification by each of the bargaining units in
accordance with applicable rules and procedures of the
exclusive bargaining representative.
3. Any individual bargaining unit which fails to ratify
this Agreement shall not be entitled to the benefits and
protections of this Agreement.
4. Those provisions of this Agreement- which modify
and/or extend individual unit collective bargaining agreements
that are within the jurisdiction of the state board of
48695/9
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education or a constituent unit of higher education are sUbject
to ratification by the boards which are designated as separate
employers under the Act.
5. This Agreement is subject to ratification by the
General Assembly.
STATE OF CONNECTICUT
EXECUTIVE BRANCH
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APPENDIX A
VOLUNTARY LEAVE AND SCHEDULE REDUCTION PROGRAM
A. General Provisions
1. Upon request of any employee, or group thereof, and
agreement of.the appointing authority, a schedule modification
which reduces the work week, or provides enhanced coverage or
efficiency, or a voluntary leave of absence may be granted. An
employee who is granted reduced hours, or a leave of absence,
shall have his/her pay reduced accordingly.
2. Approval of any such request, except as may already be
provided in unit contract language, shall be at the sole
discretion of the agency and the grant or denial thereof shall
not be the subject of, or the basis for, a collateral attack,
or grievance review.
3. The agency shall notify the bargaining agent of any
agreements reached, or leaves granted, hereunder.
4. Unpaid leave, or reduced hours, shall not be granted
wherein the employee would fall below the unit threshold for
health insurance benefits. The employer shall notify the
employee in writing, prior to final agreement, if any such
schedule mOdifications would impact the accrual of leave time,
or sundry benefits. Any reduction in hours, or leave of
absence, pursuant to this program shall not affect the
bargaining unit status of the employee participating in the
program.
48695/11
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5. Voluntary leaves undertaken as a result of these
provisions shall not operate to interrupt the continuous
employment status of the participant.
6. The willingness of other parties to agree to this
provision as a part of the overall settlement shall be without
prejudice and shall have no value as precedent.
7. This Agreement, as well as any leaves and schedule
mOdifications .granted pursuant to this Agreement, shall take
effect as soon as practicable following legislative approval
and shall sunset no later than september 1"-1992, unless the
exclusive bargaining representatives and the state mutually
agree to the continuation thereof. This a g r e e ~ e n t shall be
construed -to have retroactive effect if necessary to cover any
leaves granted prior to legislative approval and which began on
or after June 1, 1991.
B. Specific Provisions
1. Plan Options
i. Leave of Absence Without Pay - duration between
one and twenty-four weeks. -Employee shall return to same or
similar position upon expiration of the leave.
ii. Sporadic Days Off - pre-scheduled days off of
less than one week at a time.
iii. Work Schedule Reductions
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Examples: (Based on 35 hr. work week)
4 day work week (20% reduction)
48695/12
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4 7 1/2-hr. days/wk. (14.3% reduction)
4 8-hr. days/wk. (8.6% reduction)
9 days/pay period. (10% reduction)
half.,.time (e. g. mornings/afternoons) (50%
reduction)
iv. Education Leave - days off without pay to
participate in educational programs with availability of
tuition reimbursement assistance as provided for in collective
bargaining agreements.
v. Other - any other mutually agreeable plan which
reduces State payroll costs. THE EMPLOYEE'S UNION
REPRESENTATIVE (IF APPLICABLE) MUST APPROVE ANY REQUESTS UNDER
THIS OPTION.
2. Modifications to Approved Applications - In the event
of a financial emergency, an employee who participates in the
program shall return to his/her regular work schedule as soon
as practicable.
Provisions which May Conflict With Collective Bargaining
Agreements
The parties agree that certain benefits should continue to
accrue to an employee who participates in this program,
notwithstanding contrary provisions which may exist within
their collective bargaining agreement. A statement of those
benefits is set forth herein:
48695/13
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Effect on Benefits and Status: An employee whose
application is approved under this program shall be entitled to
benefits as follows:
1. Health and Life Insurance - During the period of any
leave of absence, or work schedule reduction, approved in
accordance with the agreement, an employee's health and life
insurance shall continue on the same basis as prior to the
leave of schedule mOdification. In order to continue these
insurance coverages during such leave, the employee .shall
contribute that portion of the premiums the- employee would have
been required to contribute had the employee remained an active
employee during the leave period.
2. Seniority - An employee shall receive any seniority
credit for time lost as a result of a reduced work schedule
time or a leave of absence under the agreement. Thus, an
employee participation in this program shall receive fUll
seniority credit and will not have seniority prorated.
3. vacation and SiCk Leave Accruals -
1. -An employee on a reduced work schedule pursuant
to t ~ e a g r e e m e n t shall continue to accrue his/her vacation and
sick leave at the individual's rate of accrual prior to
participation in the program and shall not lose his/her accrual
of vacation and sick leave for any month of such schedule
modification.
4869S/14
ii. An employee who takes a leave of absence w i t h ~ u t
pay shall continue to accrue sick leave and vacation for up to
two months subject to any accrual maximums in the employee's
collective bargaining agreement. An employee who takes a leave
of absence for more than two months will cease accruing
vacation and sick leave after the first. two months. In order
to be eligible for payment for these accruals, an employee must
be reinstated from the leave for at least twa months.
4. Holidays - Holiday benefits will be paid in accordance
with the employee's COllective bargaining agreement based upon
the leave of absence, except that those on a reduced. work
schedule shall receive prorata credit for any holiday falling
on a day on which he/she is not scheduled to work as a direct
result of this program. In no event shall the number of hours
of holiday credit exceed that granted to a full-time employee
working a standard work schedule.
Examples:
i. .Employee on leave of absence for month of July
receives no holiday credit for July 4.
ii. Employee reduces schedule to 4-daywork week,
Monday - Thursday, receives full pay for holiday on Thursday,
July 4, (not to exceed the number of hours in a full-time day).
iii. Employee reduces schedule to 4-day workweek,
with Thursdays off, receives 80% holiday credit (recorded as
earned time) despite the fact that he/she was not scheduled to
work Thursdays.

48695/15
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iv. Employee reduces schedule from 35 to 32
hours/week by increasing the daily hours scheduled from 7 to 8;
the holiday benefit cannot exceed 7 hours, equivalent to that
granted.a full-time employee. Therefore:
a) if scheduled to work Thursday - receives 7
hours holiday pay for July 4 holiday and may supplement with 1
hour accrued vacation or receives 31 hours pay'-
b) if scheduled off on Thursdays - receives
32/35 holiday credit (recorded as earned time).
determined under Statutes.
5. Workers' Compensation - Benefits will continue to be
section B.l.i. shall be paid in accordance with RegUlation
6. Longevity - An employee shall be entitled to the full
longevity benefit without regard to the leave of absence or
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(Payment to an employee on leave under
Some agencies will revert to the standard work
schedule during holiday weeks, in the same manner in
which they currently revert full-time, 4-day work
weeks. .
NOTE:
reduced work schedule.
)
5-213-1, if applicable.)
7. Working Test Period - An employee on a promotional
working test periOd will be required to successfully complete
the equivalent of a fUll-time working test period. (Employees
on an initial working test period are not eligible for the
program. )
8. overtime - Payment shall continue in accordance with
"...
the collective bargaining agreement or regulation (if
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48695/16
applicable). Reduction hours will not be counted as time
worked in determining eligibility for overtime payments.
9. Pensions ~
i. A member of Tier I who is granted a leave of
absence without pay under this program will be entitled to
purchase credit for .each month of leave at the rate of five (5)
percent of his/her salary at the time leave is granted, plus
interest at five (5) percent per year.
ii. A member to Tier I who is granted a reduction in
work schedule under this program will be entitled to purchase
credit for a period equivalent to the reduction for each month
of the reduction at the rate of five (5) percent of his/her
salary at the time he/.she applied for the credit.
iii. Time not worked under this program (under any
option) will not count towards vesting service under Tier 1
unless.the employee is at least age sixty (60). For employees
under Tier II the time will count for both vesting and credited
service.
iv. A Tier II member is not required to contribute in
order to receive credit for time not worked under this program
except that hazardous duty members must make contributions
equal to four (4) percent of salary.
10. Miscellaneous Benefits
(a) Where existing collective bargaining agreement(s)
provide specific language on qualification for or prorating of
48695/17
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compensation items such as stipends and/or fringe benefits,
those contracts shall govern.
(b) In all other disputes involving contractual or
statutory benefits or stipends, employees shall be protected
from losses which are not specifically described in this
Agreement or the written voluntary leave agreements with the
Agency that are prepared pursuant to Section A.4. of this
Agreement.
(c) In clarification of Section II, subsection 1 of
the SEBAC agreement, proration of the five hundred dollar
($500.. 00) addition to final average earnings shall only occur
for those employees holding part-time positions, not those with
reduced schedules pursuant to the voluntary leave agreement
between the parties.
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4869S/18
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APPENDIX B
GENERAL PROVISIONS APPLICABLE TO DAS UNITS
Transfer and Retraining
When there isa vacancy in a bargaining unit which the
state has decided to fill, after compliance with the applicable
unit contract provisions and after eXhaustion of applicable
reemployment provisions:
A. Employees who are targeted for layoff and'who have no
bumping rights will have the right to transfer to a
vacancy in another agency if they are qualified to
perform the work of such vacancy. Job descriptions shall
be liberally construed for this purpose. Employees shall
be considered for such vacancies regardless of bargaining
unit affiliation, with preference granted first to
employees in the bargaining unit and then to employees in
bargaining units represented by the union representing
the bargaining unit in which the vacancy exists. Total
statewide seniority shall be utilized for the purpose of
determining the right to the vacancy, assuming the
individuals are equally If an employee
declines a vacancy offered, he/she will. not be offered
another vacancy. Once a vacancy is offered, the employee
must notify the offering Agency within three (3) days of
the offer of his/her decision. Such employees will
retain their status on the reemployment list(s).
48695/19
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B. In the event there is no employee fully qualified to
fill a vacancy, the state shall consider candidates from
among employees who are subject to layoff and who would
have the ability to perform the work available with a
reasonable amount of on-the-job training. Normally, a
candidate identified for such training must have the
potential to fully qualify for the job and perform at an
acceptable level after three (3) months. If the position
is sUbject to merit system requirements, any such
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candidate who is hired to fill a vacancy shall be
appointed on a provisional basis and shall be required to
fulfill merit system requirements within the time
specified by law or regulation. Time spent in
provisional status shall be counted toward the applicable
working test period for the classification.
C. The provisions of paragraphs A and B above shall be
monitored and enforced by the Commissioner of
Administrative services or his designee. The
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Commissioner shall promulgate guidelines to be used by
all agencies for the purpose of determining eligibility
for retraining and the content of or procedures for
retraining programs. Any employee who claims that he/she t
has not been accorded the rights -provided by these
paragraphs may file an appeal with the Commissioner of
4869S/20
Administrative Services. The Commissioner shall
establish forms and procedures fot the processing of such
appeals. Prior to finalizing the guidelines and appeal
procedures, the Commissioner will give the Union an
opportunity to review a draft and make recommendations
for revision.
An employee who refuses a transfer or retraining offered
in accordance with this Agreement shall by that action waive
any future transfer rights under this Agreement, but, if laid
off, shall retain reemployment rights in accordance with the
applicable collective bargaining agreement.
Merit system regulations shall be liberally construed to
the extent required for lmplementation of these provisions.
The State and the appropriate State employee unions in
coalition will meet and discuss modification of existing
collective bargaining agreements to provide for cross-agency
and cross-bargaining unit transfers to vacant positions. Such
transfer shall be effected to meet State needs such as, but not
limited to: changes in. workforce requirements, downsizing,or
growth of agencies, departments, institutions or programs;
abolition or creation of agencies, departments, institutions or
)
programs.
4869S/21
The goal of such modifications shall be to provide
. .
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more flexibility for management and more employment
opportunities for state employees. These changes shall be
discussed directly between the 5tate and the exclusive
bargaining representatives of affected units. If the
discussions are not completed by May 1, 1992, the matters at
issue shall, at the request of either party, be SUbject to
mediation and fact finding. In no event shall any dispute
arising from these discussions be subject to binding interest
or grievance arbitration unless mutually agreed by the parties.
Pools
The state shall identify those areas in which there is a
regular and/or recurring need for temporary replacements of
employees on leave as well as other temporary or seasonal work
for which the state has traditionally .relied on the services of
temporary employment agencies. In order to meet these needs
more economically and efficiently, the state shall establish
generic classifications, within the appropriate bargaining
unit, to provide the needed services and will recruit employees
to fill positions in these classifications from among State
employees who have been targeted for layoff and/or are on the
reemployment list. For each area of identified need, there
will be a pool(s) of such employees established by geographic
area. The geographic areas shall be reviewed and established
SUbject to mutual agreement by the appropriate union and the
48695/22
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commissioner of. Administrative Services. For example: If
there is a regular and recurring need for temporary
clerical/secretarial employees in state offices in the Hartford
area, a generic classification(s) for that work and a pool of
employees to do the needed work will be established for the
Hartford area.
The rate of pay for a pool classification shall be
established in accordance with principles of objective Job
Evaluation. Employees who accept employment in a pool will be
considered employees of the Department of Administrative
Services. Upon completion of the working test period and any
other merit system requirements, a pool employee shall have
permanent status. An employee who accepts assignment to a pool
classification who has previously completed the working test
period and/or merit system requirements in a comparable class
shall not be required to meet those requirements again. Every
effort shall be 'made to provide continuity of employment for
pool employees provided there is work available. An employee
who accepts assignment to a pool shall not be removed from any
reemployment list(s) for which he/she is otherwise eligible and
shall not ~ a i v e reemployment or transfer rights under the
applicable collective bargainil)g agreement.
4869S/23
In those work and geographic areas where pool employees
are available and qualified to perform the needed temporary
work, state agencies shall be required to use the pool prior to
use of an outside contractor.
48695/24
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. 48695/25
APPENDIX B
UNIT AGREEMENTS
..
MEHORAllDUM OF AGREEMEllT
BETWEEli
THE STATE OF CONNECTICUT
AND
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES,
AFL-CIO
ADMINISTRATIVE CLERICAL (NP-3) BARGAINING UNIT
The State of Connecticut (the "State") and Locals 196, 318,
355; 47S, 53S, 562, 610 and 704 of Council #4, AFSCME, AFL-CIO
(the "Union"), agree, as follows:
1. The collective bargaining agreement between the State
and the Union which is currently in force is hereby extended to
June 30, 1994. Article 42 of the contract is therefore revised
to provide for an expiration date of June 30, 1994.
2. Article 26, Section One of the contract is revised to
add the following:
(e) Effective June 26, 1992, the base annual salary
of all employees shall be increased by five
percent (5.0%).
(f) Effective May 14, 1993, the base annual salary of
all employees shall be increased by four and
one-half-percent (4.5%).
(g) This A g r ~ e m e n t shall be reopened for the purpose
of negotiating both the amount of any general
wage increase and the effective date thereof for
the final year of this Agreement (1993-94).
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3 . Article 26, Section Two of the contract is revised to
-add the following:
employees will continue to be eligible for and receive
annual increments during the term of this contract in
accordance with existing practice; provided, however,
that annual increments will not be paid for the
contract year 1992-93.
4. The expiration date of the Sunset Clause of
Article 14, Section Ten of the contract between the State and
the Union is revised to June 30, 1994,
5. Other provisions of the contract are revised pursuant
to the attached.
6. In all other respects, the provisions of the contract
..
which were in effect during 1990-91 shall continue through June
30, 1994. Economic provisions,. such as but not limited to
tuition funds, conference funds, night shift differential and
weekend differential shall continue at the same rates as .'
established for the 1990-91 contract year.
7. This Agreement is sUbject to approval by the General
Assembly.
48705/2
CLERICAL (NP-3) CONTRACT
- ARTICLE 8
Section Three. for Stewards.
(a) Layoff. For the purpose of layoff selection, up to two hundred
and fifty (250) Union stewards shall have the highest seniority in-
their respective classification series. (Except that this shall not
be inconsistent with Article-14, Order of Layoff.) Superseniority
shall only apply to -stewards who have permanent status in their
respective classifications and have served as stewards for at least
ninety (90) days. Restrictions on steward transfer as provided below
shall be waived if necessary to comply with this section.
Section Nine Ca). The statement "A copy of the request shall be
provided to the employing agencies" is added to sUbsections (1), (2)
and (3).
ARTICLE 1lA
section Two. As provided in the current contract, special program
funds not expended by June 30, 1991, may be transferred to the
tuition reimbursement account at the Union's request. A sentence
shall be added to the end of the second paragraph as follows:
Funds not expended in one year may be carried over to the next
but not beyond June 30, 1994, or shall be transferred to the
tuition reimbursement account at the Union's request.
ARTICLE 13
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section One. (a) Seniority shall be defined as an employee's length of i
continuous State service, including paid leave and war service,
except as provided in Section-Three of Article 14. The current :__
practice is-incorporated in a new subsection: J
(d)- For parttime employees, seniority shall be prorated in-
accordance with the number of hours worked by the employee.
section Seven. The calculation of years of_service for purposes of
longevity benefits shall be based on the definition of seniority in
section One (a). The calculation of years of service for purposes of
vacation accrual eligibility shall be based on the definition of
seniority in Section One (a), with the inClusion of up to six (6)
months of unpaid medical leave and/or nondisability maternity leave
and up to one (1) year of layoff as described above. The definition
of seniority in this Article shall not affect pension rules.
Except as provided in this Section or in Article 14, the
definition of seniority in this Article shall apply in all situations
where seniority is a factor.
CLERICAL (NP-3) CONTRACT
ARTICLE 14
section Three. For purposes of layoff selection within a
classification within an agency or of other seniority applications
under this Article, seniority shall be defined as length of
continuous service in bargaining unit classifications including paid
leaves and war service. For service performed prior to October 1,
1991, bargaining unit seniority shall be equal to seniority as
defined in Article 13, Section One.
For purposes of this Article, "permanent employee" shall be
defined as a permanent State employee under Article 1 who has
achieved a permanent appointment in a bargaining unit classification.
Bargaining unit seniority shall not be computed until permanent
appointment after successful completion of the working test period
and/or the trainee period in the bargaining unit whereupon it shall
be retroactively applied to include such service.
Credit for seniority prior to a break in continuous bargaining
unit service shall be restored to an employee who is reemployed in
the bargaining unit within one (1) year of the break.' ..
If the seniority of two or more employees is exactly the same,
then classification seniority shall prevail. If classification
seniority is exactly the same, priority for layoff and recall shall
be determined by a coin toss .or drawing lots.
section Five. Bumping. Within two (2) weeks of the notice specified
in section Four, the employee shall provide written notice of whether
he/she elects to exercise bumping rights and, if so, the position
he/she has selected. This election shall be binding on the employee
and failure to elect shall constitute a waiver of bumping rights.
Within two (2) business days of notice to a bumpee that an employee
has elected to bump him\her, the bumpee shall provide written notice
of whether he\she elects to exercise bumping rights and, if so, the
position he\she has selected. This election shall be binding on the
employee and failure to elect shall constitute a waiver of bumping
rights.
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,> . . For purposes of layoff selection and bumping rights., fulltime
employees and parttime employees in the same classification working
at least twenty (20) hours per week shall be considered as within the
same' category. .. To exercise bumping rights, however, the bumpee must
assume the work schedule and hours of the employee to be bumped.
A permanent employee may bump any nonpermanent employee in the same
class or in a lower class within the same classification series
within the same agency. Also, a permanent employee may bump any of
the following provided that he/she has more seniority than the
employee to be bumped:
(1)
(2 )
CLERICAL (NP-3) CONTRACT
the employee at the same work location/facility of the
agency with the lowest seniority in the s a ~ e class
the employee at the same work location/facility with the
lowest seniority in a lower class within the same
classification series
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(3) the employee with the lowest seniority in the same class
within the same agency
(4) the employee with the lowest seniority in a lower class
within the same classification series within the same
agency, provided, however, that this option shall only apply
if none of the options (1), (2) or (3) is available.
In the event the bumpee is a permanent employee, he/she will be
allowed in lieu of layoff to bump that employee identified in (2) or
(3) above, provided that he/she has more bargaining unit seniority
than the employee to be bumped. Any bumpee who is a permanent
employee may bump any nonpermanent employee in the same
classification within the agency. Bumpee(s) will receive as much
written notice as possible but not less than ten (10) calendar days.
A bumpee not eligible or unwilling to exercise bumping rights as
described in this paragraph may exercise reemployement rights as set
forth in section six herein provided he/she was a permanent employee
at the time of layoff. - -- .-
When an employee bumps into a class with a lower salary range in
order to avoid layoff, his/her rate of pay in the lower
classification shall be at the closest rate in the lower salary
range, but not more than he/she was receiving at the time of bumping.
section six. Reemployment. (a) Any permanent employee who is laid
off or who bumps into a lower class oror who is placed into a
durational position or into a parttime position from a fUlltime
permanent position in lieu of layoff may request that his/her name be
placed-on a reemployment list(s).
An e m p ~ o y e e shall -be entitled to specify for placement on the
reemployment list for any and all classes in Which he/she formerly
held permanent status or which are deemed comparable. Employees must
designate location preference when placed on these lists. At the
time of layoff, the Employer shall provide forms on which the
employee shall designate choice of reemployment list(s) and
acceptable location(s) The employee will also be provided an
opportunity to indicate whether or not temporary or durational
positions would be acceptable
.
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CLERICAL (NP-3) CONTRACT
Three 'waivers of positions offered from a reemployment list will.
result in removal from that list. An employee will also
automatically be removed from all reemployment lists if appointed to.
a position in the same salary group held at time of layoff, provided,
however, that such removal shall not occur if an employee is
appointed to a temporary or durational position or if a previously
fulltime employee is appointed to a parttimeposition. Any employee
appointed from the reemployment list to a temporary, durational or
p a r t ~ t i m e position shall have their rights and benefits determined in
accordance with Article 22. An employee appointed from a
reemployment list to a position in a lower salary group than other
classification(s) for which he/she had been placed on the
reemployment list for the classifications of higher salary groups,
not to exceed to salary group held at the time of layoff.
(b) The names of permanent employees shall be arranged on the
reemployment list in order of seniority as defined in section Three
of this Article and shall remain thereon for a period of three (3)
years except as provided in (a) above. '.
SUbparagraphs (c) and (d) no change.
section Eight. The determination of class comparability shall be in
the sole discretion of the Director of Personnel and Labor Relations
and shall not .be grievable or arbitrable. with respect to bumpees,
the classification series and the classes assigned to each series
shall be in the sole discretion of the Director of Personnel and
Labor Relations and shall not be grievable or arbitrable.
Article 16
Section Three. The following is added to the second paragraph, after
the second sentence:
All grievances filed directly to Step III shall include a copy of
the disciplinary notice and a copy of the grievance form shall be
sent concurrently to the employee's agency designee.
Appendix C. A new section is added:
For purposes of the exercise of bumping rights, the Clerk
positions performing cashiering duties in OTB facilities shall be
considered as within the same classification series as the
classification of Cashier.
'.
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CLERICAL (NP"':3) CONTRACT
In consideration of the agreement hereunder, employees who were laid
off or exercised a bumping option on or after October 1, 1991 shall
be reinstated to the position that they held prior to the exercise of
any bumping option under the contract. If the employee has" been laid
off, they will be notified of their reinstatement to be effective
November 15, 1991 by certified mail. If an employee does not respond
to such notification within two "(2) weeks of the date received, such
offer of reinstatement shall be deemed waived. Provided, however,
the parttime cashiers at OTB will be reinstated to positions within a
twenty-five (25) mile radius of their work location at the time of
their layoff. If the number of such OTB cashiers who elect to be
reinstated or whose layoff notices have been rescinded is thirty-five
(35) or less, such employees shall be reinstated "to positions at
their former work location(s).
12.

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THE STATE OJ' CONNECTIC1J'l'
AllD
AMERICAN J'EDERATION OJ' STATE, COUNTY AllD XUNICIPAL EMPLOYEES,
AFL-CIO
CORRECTIONS (NP-4) BARGAIllDl'G lJllIT
The state of Connecticut (the "state") and American
Federation of state, County and Municipal Employeesj AFL-CIO
(the "Union"), agree as follows:
1. The collective bargaining agreement between the state
and the Union which is currently in force is hereby extended to
June 30, 1994. Article 49 of the contract is therefore revised
to provide for an expiration date of June 30, 1994.
2. Article 11, Section One of the contract shall be
revised to add the following:
When a layoff becomes necessary, the agency will
identify the specific position to be eliminated and
notify the incumbent in writing with as much notice as
possible, but not less than four (4) weeks. A copy of
the written notice shall be sent concurrently to the
Union.
)
3, Article 17, Section One of the contract is revised to
add the following:
Effective June 26, 1992, the base apnual salary of all
employees shall be increased by five percent (5.0%).
Effective May 14, 1993, the base annual salary of all
employees shall be increased by four and one-half
percent (4.5%).
4870S/3
'.
This Agreement shall be reopened for the purpose of
negotiating both the amount of any general wage
increase and the ~ f f e c t i v e date thereof for the final
year of this Agreement (1993-94).
4. Article 17, section Two of the contract is revised to
read:
which were in effect during 1990-91 shall continue through
June 30, 1994. Economic provisions, such as but not limited to
meal allowance, special reporting pay, tuition funds,
conference funds, night shift differential and weekend
differential shall contiriue at the same rates as established
Employees will continue to be eligible for and receive
annual increments during the term of this contract in
accordance with existing practice provided; however,
that annualincrements will not be paid for the
contract year 1992-93.
5. There shall be a joint committee of union and employer
representatives to discuss the work week and work schedules.
No work week or work schedule changes shall be made except by
mutual agreement. The parties agree that the .discussions of
the joint committee are not subject to the provisions of the
Act.
6. In all other respects, the provisions of the contract
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AMERICAN FEDERATION OF STATE, .
COUNTY AND MUNICIPAL EMPLOYEES
STATE OF CONNECTICUT
)
MEMORANDUM OF AGREEMEll'l'
BETWEEN
THE STATE OF CONNECTICUT
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES
AFL-CIO
SOCIAL AND HUMAN SERVICES (P-2) BARGAINING UNIT
The State of Connecticut (the "State") and American
Federation of state, County and Municipal Employees" AFL-CIO
(the "Union"), agree as follows:
1. The collective bargaining agreement between the State
and the Union which is currently in force is hereby extended to
'June 30, 1994. Article 49 of the contract is therefore revised
to provide for an expiration date of June 30, 1994.
2. Article 31, Section One of the contract is revised to
add the following:
Effective June 26, 1992, the base annual salary of all
employees shall be increased by five percent (5.0%).
Effective May 14, 1993, the base annual salary of all
employees shall be increased by four and one-half
percent (4.5%).
This Agreement shall be reopened for the purpose of
negotiating both the amount of any general wage
increase and the effective date thereof for the final
year of this Agreement (1993-94). '
3. Article 31, Section Two of the contract is revised to
read:
4870S/5
".
5.
Employees will continue to be eligible for and receive
annual increments during the term' of this contract in
accordance with existing practice; provided, however,
annual increments will not be paid for the contract
year 1992-93.
Effective December 24, 1993 and thereafter, all
employees ~ h o are at the maximum step of the salary
schedule, who receive no annual increment, shall
receive a lump sum payment of two and one-half percent
(2.5%) of their annual rate. Lump sum payments will
be paid when the annual increment would have applied.
4. Article 21, Section Five of the contract is revised to
delete the "SPECIAL LABOR-MANAGEMENT COMMITTEE" and substitute
the following:
The funds not extended by the Special Labor-Management
Committee provided in the 1988-91 contract
(approximately $35,000) shall be allocated to the
tuition reimbursement fund under Article 45 of this
Agreement.
In all other respects, the provisions of the contract
which were in effect during 1990-91 shall continue through
June 30, 1994. Economic provisions, such as but not limited to
tuition funds, conference funds, night shift differential and
weekend differential shall continue at the same rates as
established for the 1990-91 contract year.
6. This Agreement is subject to approval by the General
Assembly.
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STATE OF CONNECTICUT
Date:' }
4870S/6
SOCIAL SERVICES (P-2) UNIT
ARTICLE 7
Article 7, Section Seven (a). The statement "A copy of the request
shall'be provided to the employing agencies" is added to the fourth
paragraph.
Section Ten. Superseniority for Stewards.
(a) Layoff. Up to two hundred (200) employees who have served as
stewards for at least ninety (90) days shall be viewed as having the
highest seniority in the their respective classification series
within their employing agencies for purposes of layoff.
ARTICLE 12
Section One. Except as provided in Article 13, Section Two,
seniority shall be defined as an employee's length of uninterrupted
State service and shall include the following: all paid leave,
including Worker's Compensation leave, provided that the employee
returns to work immediately following. the leave; military.cleave
granted in accordance with Section 5-255c or 27-33 of theC.G.S. or
with Article 26 of this Agreement and prior war service; unpaid
medical leave of absence following eXhaustion of sick leave, for up
to nine (9) months for any employee who has at least one (1) year of
service provided that the employee returns to work immediately
following the leave; up to one (lr year of any period of continuous
layoff if the employee is reemployed within three (3) years;
nondisability maternity or parental leave of up to six. (6) months.
Any change in seniority computation reSUlting from changes in the
contract must be initiated by an employee, and shall apply
prospectively effective upon the date of contract approval.
ARTICLE 13.
Section Two. For purposes of layoff selection within a
classification within 'an agency or of other seniority applications
under this Article, seniority shall be defined as length of
continuous service in bargaining unit classifications. including paid
leaves and war service. For service performed prior to October 1,
1991, bargaining unit seniority shall be equal to seniority as
defined in. Article 12, Section One.
For purPoses of this Article, "permanent employee" shall be
defined as a permanent State employee under Article 1 who has
achieved a permanent appointment in a bargaining unit classification.
Bargaining unit seniority shall not be computed until permanent
appointment after successful completion of the working test period
and/or the trainee period in the bargaining unit Whereupon it shall
be retroactively applied to include such service.
Credit for seniority prior to a break in continuous bargaining
unit service shall be restored to an employee who is reemployed in
the bargaining unit-within one (1) year of the break.
'.
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SOCIAL SERVICES (P-2) UNIT
Section Four. Bumping. Within two (2) weeks of the notice specified
in Section Three, the employee shall provide written notice of
whether he/she elects to exercise bumping rights,and, if so, the
position he/she has selected. Within two (2) business days of notice
to a bumpee that an employee has elected to bump him/her, the bumpee
shall provide written notice of whether he/she elects to exercise
bumping rights and, if so, the position he/she has selected. This
election shall be binding on the employee and failure to elect shall
constitute a waiver of bumping rights.
A permanent employee may bump any nonpermanent employee in the
same class or in a lower class within the same classification series
within the same agency. Also, a permanent employee may bump any of
the following provided that he/she has more seniority than the
employee to be bumped:
(1) the employee within the same work region of the agency with
the lowest seniority in the same class
(2) the employee within the same work-region of the agency with ~
the lowest seniority in a lower class within the same classification f ~
series k
(3) the employee with the lowest seniority in the same class
within the same agency
(4) the employee with the lowest seniority in a lower class
within the same classification series within ,the same agency
(5) if (1) through (4) fail to provide a position, a permanent
employee slated for layoff can bump into any previously held or
comparable position in the P-2 Unit within the same Agency.
In the event the bumpee is a permanent, he/she will be allowed in
lieu of layoff to bump that employee identified in (2) or (3) above,
provided that he/she has more bargaining unit seniority than the
employee to be bumped. Any bumpee who is a permanent employee may
bump any nonpermanent employee in the same classification within the
agency. Bumpee(s) will receive as much written notice as possible
but not less than one (1) week. A bumpee not eligible or unwilling
to exercise" bumping rights as described in this paragraph may
exercise reemployment rights as set forth in section Five herein
provided he/she was a permanent employee at the time of layoff.
When an empioyee bumps into a class with a lower salary range in
order to avoid layoff, his/her rate of pay in the lower
classification shall be at the closest rate in the lower salary range
but not more than he/she was receiving at the time of bumping.
SOCIAL SERVICES (P-2) CONTRACT
section Five Cal. Reemployment. Any permanent employee who is laid
off or who bumps into a lower class may request that his/her name be
placed on his/her agency reemployment list and/or a statewide
reemployment list. The agency reemployment list will be given
preference.
An employee shall be entitled to specify for placement on the
reemployment list(s) for any and all classes in which he/she formerly
held permanent status or which are deemed comparable. Employees must
designate location preference when placed on these lists and whether
or not temporary or durational positions would be acceptable.
Three waivers of positions offered from a reemployment list will
result in removal from that list. An employee will also
be removed from the reemployment list(s) if appointed
to a position in the same salary group held at time of layoff
provided, however, that such removal shall not occur if an employee
is appointed to a temporary or durational position. Any employee
appointed from the reemployment list to a temporary, durational or
part-time position shall have their rights and benefits determined in
accordance with Article 3. An employee appointed from a reemployment
list to a position in a lower salary group than other
classification(s) for which he/she had been placed on the
reemployment list(s) will remain eligible for certification from the
reemployment lists for' the classifications of higher salary groups,
not to exceed to salary group held at the time of layoff.
(b) The names of permanent employees shall be arranged on the
reemployment list(s) in order of seniority as defined in Section Two
of this Article and shall remain thereon for a period of three (3)
years except as provided in (a) above.
(c) An employee appointed from a reemployment list to a position
in former salary group will be appointed at the same step in
such group as held when he/she was laid off. An employee appointed
to a position in a lower salary group will be appointed at the
closest rate of pay to the one held by the employee at the time of
layoff, but not higher.
(d) An employee who has been laid off and also is on an agency
reemployment list shall have priority in filling vacacies over
promotional candidates.
section six. The determination of class comparability shall be in
the sole discretion of the Director of Personnel and Labor Relations
and shall not be grievable or arbitrable_ with respect to bumpees,
the classification series and the classes assigned to each series
shall be in the sole discretion of the Director of Personnel and
Labor Relations and shall be grievable or arbitrable.
'.
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SOCIAL SERVICES (P-2) CONTRACT
Article 16, Section Four. The following is added as a second
paragr!'!ph:
All grievances filed directly to Step III shall include a copy of
the disciplinary notice and a copy of the grievance form shall be
sent concurrently to the employee's agency designee.
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SOCIAL SERVICES (P-2) CONTRACT
In consideration of the agreement hereunder, employees who were laid
off or exercised a bumping option on or after October 1, 1991 shall
be reinstated to the position that they held prior to the exercise of
any bumping option under" the contract. If the employee has been laid
off, they will be notified of their reinstatement to be effective
November 15, 1991 by certified mail. Such employee(s) shall be
reinstated no later. than the first day of the pay period following
their response to the notice of reinstatement. If an employee does
not respond to such notification within two (2) weeks of the date
received, such offer of reinstatement shall be deemed waived.
)
)
OF AGREEMENT
BETWEEN
THE STATE OF CONNECTICUT
DIVISION OF CRIMINAL JUSTICE
AMERICAN FEDERATION OF STATE, COUNTY AND EMPLOYEES,
AFL-CIO
CRIMINAL JUSTICE EMPLOYEES UNIT
The state of Connecticut, Division of Criminal Justice
(the "Division") and Local 749 of Council /4, AFSCME, AFL-CIO
(the "Union"), agree as follows:
1. 'The collective bargaining agreement between the
Division and Union which is currently in force is hereby
extended to June 30, 1994. Article 35, Section One of the
contract is therefore revised to provide for an expiration date
of June 30, 1994. Section Two is revised to read as follows:
)
Negotiations for a successor agreement shall commence in
March, 1994. Initial Union proposals for changes in the
Agreement shall be submitted on or before the third week
January 1994. The parties may, by mutual agreement,
commence negotiations on a different date.
2. The last paragraph of Article 15, Section Three and
Article 15, Section Five of the contract are revised to read:
The Employer shall give the Union not less than four (4)
weeks notice of layoff and at the Union's request shall
meet to discuss alternatives.
The Employer shall give employees not less than four (4)
weeks notice of layoffs.
4870S/7
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3. Article 17, Section One of the contract is revised to
add the following:
(d) Effective June 12, 1992, the base annual salary
of all employees shall be increased by five
percent (5.0%).
(e) Effective May 14, 1993, the base annual salary of
all employees shall be increased by four and
one-half percent (4.5%).
(f) This Agreement shall be reopened for the purpose
of negotiating both the amount of any general
wage increase and the effective date thereof for
the final year of this Agreement (1993-94).
4. Article 17; Section Two of the contract .isrevised to
read:
Employees will continue to be eligible for and receive
annual increments during the term of this contract in
accordance with existing practice; provided, however,
that annual increments will not be paid for the
contract year 1992-93.
5. In all other respects, the provisions of the contract
which were in effect during 1990-91 shall continue through
June 30, 1993. Economic provisions, such as but not limited to
tuition funds, conference funds, night shift differential and
weekend differential shall continue at the same rates as
established for the 1990-91 contract year.
6. Those employees laid off in October of 1991 shall be
reinstated to the positions held at thA time of layoff, without
back pay, effective November 15, 1991, SUbject to the following:
(a) This provision assumes two retirements -- one
Coordinator of Clerks and one Case Coordinator.
These two employees shall be deemed eligible for
the early retirement incentive even if
the window for participation is modified, upon
approval of the program by General Assembly.
48705/8
7.
(b) All employees in the unit may be required to take
up to 1.5 furlough. days during the 1991-92 fiscal
year. The Division will meet and confer with the
Union concerning scheduling of furlough days. If
there are retirements or leaves of absence beyond
those anticipated at the time of this Agreement
the amount of furlough time shall be reduced '
accordingly.
This Agreement is sUbject to approval by the General
Assembly.
AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES
Date
48705/9
STATE OF CONNECTICUT
DIVISION OF CRIMINAL JUSTICE
B Y I ~ ~ ~
,;z./J/1;2-
MEMORANDUM OF AGREEME2lT
BETWEEN
THE STATE OF CONNECTICUT
DIVISION OF CRIMINAL JUSTICE
AND
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES,
AFL-CIO
CONNECTICUT PROSECUTORS UNIT
The state of Connecticut, Division of Criminal Justice
(the "Division") and Local 1437 of Council #4, AFSCHE, AFL-CIO
(the "Union"), agree as follows:
1. The collective bargaining agreement between the
Division and the Union which is currently in force is hereby
extended to June 30, 1994. Article 29, section 1 of the
contract is therefore revised to provide for an expiration date
of June 30, 1994. Section 2 is revised to read as follows:
Negotiations for a successor agreement shall commence March
18, .1994. Initial Local proposals for changes in the
Agreement shall be submitted on or before the first week in
February 1994. The parties may, by mutual agreement,
commence. negotiations on .a different date.
2. Article 16, section One of the contract is revised to
add the following:
(d) Effective June 12, 1992, the base annual salary
of all employees shall be increased by five
percent (5.0%).
(e) Effective May 14, 1993, the base annual salary of
all employees shall be increased by four and
one-half percent (4.5%).
(f) This Agreement shall be reopened for the purpose
of negotiating both the amount of any general
4870S/10
wage increase and th
7
effective date thereof for "
the final year of Agreement (1993-94).
3. Article 16, Section Two of the contract is revised to
read:
Employees will continue to be eligible for and receive
annual increments during the term ,of this contract in
accordance with existing practice; provided, however, ;,
that annual increments will not be paid for the
contract year 1992-93.
4. The first paragraph of Article 14, section 5 of the
contract is revised to read:
Notice Layoffs. The Employer shall give employees not
less than four (4) weeks notice of layoffs.
5. In all other respects, the provisions of the contract
)
which were in effect during 1990-91 shall continue through
June 30, 1993. Economic provisions, such as but not limited to
tuition funds, conference funds, night shift differential and
weekend differential shall continue at the same rates as
established for the 1990-91 contract year.
6. Those employees laid off in October of 1991 shall be
reinstated to the positions held at the time of layoff, without
back pay, November 15, 1991, sUbject to the following:
All employees in the unit may be required to take up
to 1.5 furlough days during the 1991-92 fiscal year.
The Division will meet and confer with the Union
concerning scheduling of furlough days. If there are
retirements or leaves of absence beyond those
anticipated at the time of 'this Agreement, the amount
of furlough time shall be reduced accordingly.
48705/11
'.
.'
7. This Agreement is sUbject to approval by the General
Assembly.
AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES
STATE OF CONNECTICUT
DIVISION OF CRIMINAL JUSTICE
4870S/12
By ~ A d / ? A /
7
Date}
)
MEMORANDUM OF AGREEMENT
BETWEEN
BOARD OF GOVERNORS OF THE DEPARTMENT OF HIGHER EDUCATION
LOCAL 1303-255 OF CONNECTICUT COUNCIL #4,
AFSCME,AFL-CIO
DEPARTMENT OF HIGHER EDUCATION ADMINISTRATORS
The Board of Governors of the Department of Higher
Education (the "Board") and Local 1303-255 of Connecticut
council #4, AFSCME, AFL-CIO .(the "Union") ,have entered into a
collective bargaining agreement covering the period July 1,
)
1990 through June 30, 1994, as attached hereto.
The effective dates of the wage increases provided by this
Agreement are as follows: July 1, 1990; June 6, 1992; May 14,
1993.
This Agreement shall be reopened for the purpose of
negotiating both the amount of any general wage increase and
the effective date thereof for the final year of this Agreement
(1993-94) .
LOCAL ,1303-255,
CONNECTICUT COUNCIL #4,
AFSCHE, AFL-CIO
BOARD OF GOVERNORS OF THE
DEPAF.TMENT OF HIGHER EDUCATION
Date'
B Y 7 ~ ~ ~
;;-/!!f"v
48705/14
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
DEPARTMENT OF HIGHER EDUCATION EMPLOYEES
LOCAL 1303-255, OF COUNCIL .4
AFSCME, AFL-CIO
BOARD OF GOVERNORS OF THE
DEPARTMENT OF HIGHER EDUCATION
Bold face type represents language upon which there has been oral agreement
between the Chapter and the Board.
Italic type represents proposal made by Chapter to which_ the Board has not
agreed.
UPPER CASE represents proposals made by the Board to which the Chapter has
not agreed.
,
,
1.1 The Soan:!
bargaining agent
Connecticut State
2744.
)
ARTICLE 1
RECOGIHTlOH
recognizes Local 1303-255, as the exclusive I-
for the ad1linistrative positions as certifie<i by
Soan:! of Labor Relations in Case No. SE-12069-Decision No. ;...t-
. {].I [I
ARTICLE 2
NON-DISCRIMINATION
2.1 The Boan:! and the Union n!i:o<jnize the right of any ille!lltler of theKk
bargaining unit to becc. or refrain fl"Oll becClling an'd/or relIaining a melIlber of'5/o/ 1
1
the Union and will not discri.inate or in any way interfere with such rights
the exercise of such rights. </1)1!
ARTICLE 4
CHAPTER RIGHTS
/
4.1 Within ninety (90) days after the execution of this and in June Ji:/1'
thereafter, the Boan:! shall provide the Union a list of all in the
J
:9"" .
bargaining unit. -j.;.'-
4.2 For each 'regular or special public meeting of the Boan:!. a copy of
agenda will be mailed to the President of the Union at the same time it is r.<.1
maile<i to members of the Boan:!.
,7G r
ARTICLE 5
UNION SECURITY AND PAYROLL DEDUCTIONS
5.1 MeIlbership. Within thirty (30) calendar days after initial appointment to )f /
. a position in the bargaining unit, or wjthin thirty (30) calendar days
approval of this AgreclNnt by the Genera' Ass_ly. whichever is later, each .'.
elllll10yee shall beca.e. a lIelIIber of the Chapter or shall pay to the Chapter a ,-<I L
- 1 -
ARllClE 9
DISCIPLINE
9.1 Ho DHE professional l!llIploye1! shall be disciplined under this
for just cause.

ARTICLE 7 01;;
. ADMIHISTRATIVE APPOIltTME1HS ;;
7.1 The BoaN! shall furnish to each applicant who accepts elIIPloywnt a copy 1
the current collective bargaining agM!!I!IIt. .

ARTI ClE 8
, , . PERSOltltEl RECORDS AltO FILES -
.8.1 The Deparuent of Higher Education shall Mintain only one official file)r-,
for OHE professional elIIPloyee in a secure place designated by the_
LL1
_
,
<7<:PI
"'1 :
'"

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- 2 -
-;;
ARTICLE 10
GRIEVANCE PROCEDURE .
/' '
. '. .
10.1 Definition. A grievance is defined as any difference or dispute f .
froll the application or of .the ter;n of this An [..:f-L
grievances shall be in wrltlng and flled wlthin flYe (5) days of the
act or OftIission cOGlPlained of on a fora to be developed by the parties. Such ,1"1('
fora shall require the spedfic identification of the section of this Agrel!!lll!nt
alleged. to be violated, the specific relief requested, and an acknowle<:!gment
that the grievance has been file<:! within the appropriate .
10.2 Grievant. The l!lIIployee organization designate<:! as the exclusivefr 1
representative shall have the following rights: notice of the grievance; and f"l-
the right to be present during any at the Ca.issioner's level or above -< 11
under the grievance proce<:!ure. 4"; f
":'" f
10.3 TiM Lilllits. .- The time lilllits are of the essence and tillle limits
/
;'- <! ..
specifie<:! in each step of the grievance proce<:!ure Ny be extended by mutual.p.1.-- "I'
A
10.4 Infonul Resolution. The parties encourage attelllPts to c ".;
grievances without resort to the fOrNl procedures outlined below. ;PJ.. \jHtl
10.5 Step 1. Assistant ConBissioner (Division Head). The grievance
filed with the Assistant COllIIissioner who supervises the l!lIIPloyee who
meet with the grievant within ten (10) calendar days of such su!lllission. The
grievance shall be answered in within seven (7) calendar days of such
meeting. .
10.5.1 Step 2. COllIIissioner. Within (14) calendar days' after thelf f4
j
date of the Assistant Ca-issioner's answer or the date the answer was due'P'Al-
whichever is earlier, the grievance Ny be filed with the who "'[ /11
will meet with, the grievant within ten (10) calendar days after receipt of the '/1'
grievance. The grievance shall be answered in writing within seven (7)
calendar days of such .eeting. .
10.5.2 Step 3. Board' of Governors. Within fourteen (14) calendar days
the date of the answer or the date the answer was due,
is earlier, the grievance Ny be filed with the Board. The Board, or its-' -r
designee(s). will I1Il!et with the grievant within ten (10) calendar days after II"
receipt-of the grievance. The grievance shall be answered in writing within
seven (7f calendar days of such -eeting. . , 'J
10.5.3 STEP 4. Arl)itration (Method). Within ten (10) calendar days after the
J
.f.f'f;1
date of the Board's answer, or the date the answer was due,. whichever il ,
earlier, the Union Ny sub.it an unresolved grievance, except those related
vacancies, and job pcstings to arbitration, but no individual employee may .II_Iii
su!lllit a grievance to arbitration. Such desand for arbitration shall be filed --
in writing with a copy to the COllIIissioner. Ti-ely filing shall be
by U.S. Post Office
- 3 -
10.5.4 StepS. Arbitration
If ttrt! grievanc! is n'ot satisfactori.ly adjusted at Step 4, the grievance may be
sublllitted to binding ubitration by and only by the Union. The arbitration
process llIay bt! by fili?g a ,written reques,t for ubieration to the
State Board of Medratron and Arbrtratron. The partres also agree to uti fize
the expedited Arbitration process to resolve grievances.
10.6 ARBITRATION (AGENCY). ARBITRATIOH SHALL BE CONOUCTED BEFORE THE AMERICAN
ARBITRATION ASSOCIATlOII III ACCOROANCE WITH THE RULES ANO REGULATIONS OF SUCH
AGENCY .,.
10.6.1 Casts. The expenses for the ubitrator's service and for the hearing
Shall be shared equally by the parties.
10.6.2 Authority of the Arbitrator. The arbitrator shall have no pMr to add)t 5/4..
to, subtract. freel, alter, or modlfy this agreellent and lIIake no '
inconsistent with federal or state law or depart.ental regulations
. 10.6.3 The arbitrator shall n!nder a decision in writing no later than thirtr/f
(30) calendar days after the conclusion of the hearing or receipt of briefs'fl i(:
whichever is later, unless the parties otherwise agree. J.
. ,'1<,'-'\
ARTICLE 11 l
Cl)IPEIlSATI 011 (,{; ..'
1l.1 COIIllellSation 'will be in accordance with E.>;hibit A attached hereto.A 'ff)..f!) i
. . --Ii nl\4
ARTICLE 12
IliSUlWICE AIIO RET! REJoIEJlT PUllS i
12.1 The' parties hereby by I'1!ference the existing ..
agreellents entered into by the State of Connecticut and SEa.-c on behalf of unif1.I...!J;.!T.
as of the effective date of this Agl'1!elll!flt. .
12.2 Insurance, retil'elllllflt and disability cOllpel1sation plans currently in),}:!". '
wi 11 be continued in accordance withstate-supported- and/or
Sic /1'
13.1.2 Upon leaving state service after six (6) months
a me-ber shall receive a sua par-ent, based on the
accrued. but unused, vacation time.
13.2 Conditions
13.2.1 Vacation days taken by an shall. be subject to prior
of the i.-ediate supervisor.
.4-
. \)
approvati-r . i
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4/q,
13.2.2 Said etlployees shall talce. a .ini_ at ten (10) days vacation eacbf1..'" , '
year. Up ta ten (10) vacation days per year .ay be carried over into the next :'L J
calendar year. Under no cin:UllStances .ay vacation be accUlllllated at any tillle "' .... f-
to a total of than sixty (50) calendar days. Unused vacation days in e>7e: I' \
excess at such accUlllllation shall be forfeited.
14.1 OHEprofessionals shall be granted tillle off with pay for the
holidays if these holidays fall within their work year:
,/ ,j.'
, , -7;; f!
considered /t, ;t-
one is sdh_
11<!1I
Independence Day
Laoor Day
Colllllbus Day
Veteran's Day
Thanksgiving Day
Chri stJlaS Day
New Year's Day
Martin Luther King Day
Lincoln's Birthday
Washington's Birthday
Good Friday
Me!llori a1 Day
14.2 If a hol iday falls on a Saturday or Sunday, it shall be
ce1ebrated on the day granted by the state in 1i eu if
granted.
ARTICLE 14
HOLIDAYS
)
)
ARTIcLE 15
, SICK LEAVE, " ,
15.1 Accrual All full-tillle Jllellbers shall accrue sick .leave with pay at thel'i:i'f,;'
rate of one and one-quarter (1-1/4) working days per cOllPleted calendar mnth G-/..
of continuous full-ti.e service cOR8encing with the date of initial e.ployaent.
Such leave starts to accrue only on the first working day of the calendar )\\
and is cN!dited to the eligible etlployee on the cOIIpletion of the calendar
month. '
15.2 Conditions., Earned sick leave is granted to IIelIIbers for the following Iff;:
reasons; (1) incapacitation for duty; (2) dental or lledical eXallinations o;l-ltJ
treat8ents for which arrange-nts cannot be .ade OIltside of worldng hours; (3) 'j<'-
when presence at work wi 11 expose others to contagious disease; (4) in the ..1 )1 J
event of death in the i8llediate fa.ily, when as 8UCh as three (3) working days'
leave with pay shall be granted. I8IIediate fallily leans husband, wife, father,
mother, sister, brother, child or any other relative who is dc.iciled in the
household; (5) if critical illness or severe injury in the
falli ly an ..-rgency which requires the attendance or aid at the
e.ployft, then up to three (3) working days' leave per calendar year shall be
granted; (6) as mch as three (3) working days' leave per c:alendar year shall
be granted to fulfill the obligation of traveling to, attending, and returning,
fre. funerals of persons other than me.bers of the fallily, if granted
by the Division Head.
15.3 A medical certificate llay be required to substantiate a request of sic' )Sjy{
leave for the following:
1. any period of absence consisting of than five working ,:(.. j? I
days;'
2. to support request for sick leave of duration during annual vacation;
- 5 -
ARTIC1.E 18
RETREltClf18lT
3. leave of any duration if absence fro. duty recurs frequently or habitually
provided the his been notified that a certificate wi 11 be
re<1ui red;
4. leave of any duration when evidence indicates reasonable cause for
requiring such a certificate. .
ARTIC1.E 17
PROFESS IOHALGROWTH
17.1 with prior approval . in profe.ssional activities such asrj{1!Jf
conferences or se-inars shall be' encouraged. consistent with agency obligation{ ;
and financial lillitations. -1
17.2 For such approve.{ attendance, shall be reillbursed for aileage
Ileal. and lo<lginq expenses in accordancll withShndard State ).
Re<]ulations. unless other arrangelilents are agreed upon betloe1!n the suff lllelIlber '-7 ,Ii
and the C.,.issioner. . "li
1

,...- -a..
18.1 Seniority. Seniority' shall be defined as the continuous length
etIlllor-ent with the DepartJMnt of Higher Education. :;4).
18. Z. Insofar as possi bl e under t.he ci n:u.stances. as ne;1 by
Ce-lssioner. the puties shall pel"1l1t the process of attritlon to
the re<1ui red reduction in staff.
(" "7
18.3' Reassignlllel1t. If a re<:tuctio.n in staff is detenlined by the Ce-issioner}.r.?1:
to be appl'1J1lriattt. the Ce-issioner will INke rea.sonable efforts to reassign 1+1- .
the affected elIIllloyee to another position within the agency unless restricted
by law or contract. .
18.4 Layoffs. \lhen attrition' and . are insufficient of..:;(r
inapp1icable metho<ls of effectuat ing' the re<lui red reduction in staff,-f?-""
bargaining unit members shall be laid off in accordance with the best interest 'J.;,.-
of the Department and statutory undates as dete...ined by the Ce-issioner,
following consultati')n with the Chapter. \lhen in the judglDent of the :
Coasaissioner. considered for layoff possess substantially similar
skills and ability, then the .cst senior be retained. .
I' ,I'"
18.5 EJIlllloyees affected should be infor;-ed of layoff as SO<lf1 as );
in no <un-!- w;'\-'" \<:Ss -l-lJ
q
" fa ...!"" (4) l'1ot;ct. .' 'l01l-.
- 6 -
)
. '. 1IA
18.6 In the event that the Oepar".-ent of Higher Education is into
with any other state agency during the life of this Agn:'.lnt, Oeparuenf
encourages an<! sUPllOrts the successor l!lIIPlayer in n:coqni zing that th is I
bargaining unit n:sain distinct and that the contract n:sain in effect. (;6 r
18.4 Recall.
/ ! /
.1;
18.4.1 shall reNin on a recall list for one calendar year fro. th..f':L?/7:/
date of 1ayoff. JJ.tL
.V I}
18.4.2 Filling of vacancies shall be the Board's statutory llandates anvllf"
the best inten:sts of the DepartJlent as by the A''.-J.-
Nothing hen:in shall the recall of a laid-off l!lIIPloyee if
IlIOn: ski lled or qual candidate appl ies frol outside of the DepartllO!l1t. ,""
ARTICLE 19
VACANCIES AND JOB POSTING
,/, Z /
19.1 Job Postings. As vacancies occur in the bargaining unit they shall 5
q
t/f
for a peri cd of at 1east seven {7} calendar days, except when the "" iJ r
interest of the Depare.ent
19.2 Vacancies. When a vacancy occurs, the or a designee shalJi;1"
send a copy of the notice to the President of the Chapter. . {CI<-

ARTICLE 21
ENTIRE AGREEMENT
ARTICLE 20
SCOPE AND DURATION OF AGREEMENT
20.3 This Agreellent shall be effective July 1,.1990 and shall continue
resain in full force and effect through June 30, 1993.
21.1 This Agre:aent constitutes the' entireagn: nt ben.oeen the parties
concludes collective bargaining for its tenl.
ARTICLE 22
. . SAVINGS CLAUSE-SEPARABILITY (" j
22.1 !n the event that any provision of this Agre . Int, in lofIole or in part 51 i
is held'to b illegal, void, invalid, or unenforceable by any court or .. L.
of jurisdiction, all of the Tell4ining tenlS, conditions, and 4....,.
provisions of this Agn:eRent which are not rendered 81aningless, inoperable, or
allbiguous as a consequence of the judgeRent shall n:sain in full force and
effect.
- 7 -
COMPEIlSATlOH
UHloll A
Effective July I, 1990, the salary minima for bargaining unit members in each
chapter employment cate90ry shall be as follows
Associate Director Minimum
July I, 1990 540,000
June 6, 1992 42,500
May 14, 1993 45,000
Assistant Director
Minimum
July 1, 1990 $35,000
June 6, 1992 37,000
May 14, 1993 39,000
Staff Associate
Minimum
July I, 1990 $32,000
June 6,1992 34,000
May 14, 1993 36,000
Staff Assistant Minimum
July I, 1990 520,000
June 6, 1992 21,300
May 14, 1993 22,600
Unit members on the payroll on the dates indicated shall receive an adjustment
to their base salary in the amount and on the dates indicated:
a. Effective July I, 1990, 6.5 percent adjustment to employee's current
base salar-y
b. Continuation of base salary for the first twenty-five pay periods in
1991-92.
c. Effective June 6. 1992; 6.25 per cent adjustment to employee's
current base salary.
d. Continuation of base salary for the first twenty-three pay periods in
1992-93.
e. Effective May 14, 1993. 6.0 percent adjustment to employee's current
base salary.
New hires and proaotions from within are to be compensated at the discretion
of the Commissioner. up to the median salary of all bargaining unit members.
Longevity payments will be as follows for all bargaining unit members:
Years of Service
10 - 14
15 - 19
20 - 25
over 25
Annual Increment bv Title
.S ta ff Staff Assistant -Associ ate
Assi stant Associate Director Oi rector
S 350 S '&06 S 606 S 726
700 1.212 1,212 1,452
1,050 1,818 1,818 2, 178
~
1,400 2.424 2,424 2.904
Semi-annual longevity lump-sum payments will be made on the first regular pay
...I"" ~ - . . 1 1 ..... ,.. ; ....... , ~ n .... ;l .." ::I .... ri n . - ~ , . . , , , , , ...... 711 ""f , , ~ .... ), """3.,..,...f 1>""" ,..,..,ni' ... , r ~
)

Herein is cOflt_iNd the collective bargaining agreellent reacllell between the

Board of Gover'llCM for Higher Education and the AlIerican Federatioo of
State, CO\Inty, MK! local 1303-255 (Deputllel1t of
Higher EducatiOA Ao.inistrators). Said is for the period of July
1, 1990 through June 30, 1993,
-1/
For Local
)
for the Federation of
State, County, and Municipal
EMployees, local 1303-255
DePARMNT OF HIGflER EDUCATION
COLLECTIVE BARGAINING AGREEMENT
R SOLVED th<1t on 21. 1991. the SO<1rd of Governors for Higher
Educ<1t 1on l"itify the collective negotiated
with AFS04E Local 1303-255 of Counei I #4, of the
Department of Higher Education Adainistrators. This
.xtends retroactively from July 1. 1990 through June 30, 1993.
2;,,>
Gasgow
COllIIlissioner of Higher Education
5 1/91
)
,
!
MEMORANDUM OF AGREEMENT
BETWEEN
BOARD OF GOVERNORS OF THE DEPARTMENT OF HIGHER EDUCATION
AND
LOCAL 1303-256 OF CONNECTICUT COUNCIL J4,
AFSCME, AFL-CIO
DEPARTMENT OF HIGHER EDUCATION PROFESSIONAL ~ ~ L O Y E E S
The Board of Governors of the Department of Higher
Education (the "Board") and Local 1303-256 of Connecticut
council #4, AFSCME, AFL-CIO (the "Union"), have entered into a
collective bargaining agreement covering the period JUly 1,
1990 through June 30, 1993, as attached hereto.
The effective dptes of the wage increases provided by this
Agreement are as follows: July 1,-1990; June 6, 1992; May 14,
1993.
This Agreement shall be reopened for the purpose of
negotiating both the amount of any general wage increase and
the effective date thereof for the final year of this Agreement
(1993-94).
LOCAL 1303-256,
CONNECTICUT COUNCIL #4,
AFSCME, AFL-CIO
BOARD OF GOVERNORS OF THE
DEPARTMENT OF HIGHER EDUCATION
4870S/15
DEPARTMENT OF HIGHER EDUCATION DIRECTORS
LOCAL 1303-256. OF COUNCIL #4
AFSCME, AFL-CtO
AND
BOARD OF GOVERNORS FOR HIGHER EDUCATION
COLLECTIVE BARGAINING AGREEMENT ' ~ J - tf()..1 J~ I
~ If/111ft!
JULY 1, 1990 - JUNE 30, 1993 ( r 1 ~ 1/flJ/9/
7I.:rZ 'f Is,"/1. I
).
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''11
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ARTICLE 1
RECOGNITION
1.1 The Board recognizes Chapter 256,Local 1303, A.F.S.C.M.E. as
exclusive bargaining agent for the administrative positions as certified by
Connecticut State Board of Labor Relations in Case No. SE-12,069.
ARTICLE 2
NON-DISCRIMINATION
the '7/ \


t6(l
)
2.1 The Board and the Chapter recognize the right of any member of the .
bargaining unit to become or refrain from becoming and/or remaining a member of
the Chapter and will not discriminate or in any way interfere with such righty'''(i't" ',)
or the exercise of such rights. ...
,'-:\ -
2.2 The Board and the Chapter shall continue their policy of not tOr.
discriminating against any member of the bargaining unit in accordance with I. .
state and fe<!eral law. .' .
. ARTICLE 3
. CHAPTER RIGHTS
3.1 Within (90) calendar days after the execution of this Agreement, and in if
June thereafter, the Board shall provide the Chapter a list of all employees
the bargaining unit.
3.2 For each regular or special public meeting of the Board a copy of "1,.'"s..
agenda will be mailed to the President of the Chapter at the same time it is
maile<! to members of the Board. .
ARTICLE 4 . ,
RIGHTS OF THE BOARD OF GOVERNORS 1(rt
Except as otherwise limited by an express provision of this Agreement, the j
Board reserves an<! retains, whether exerci se<! or not, all the 1awfu1 and -
customary rights, p'owers, and prerogatives of public management. Such
include but are not limited to: establishing stan<!ards of performance of its '.\
employees; determining the mission of the systell and the methods and means
necessary to fulfill that mission, including the discontinuation of services, lr,t....
positions, or programs in whole or in part; the determination of the content of
job crassifications; the appointment, promotion, and transfer of personnel;
determining e<!ucational policy and progra!llS; directing employees and
.determining professional assignments; the discipline and demotion of its
employees; the relief from duty of its employees because of layoff or for other.
non-disciplinary reasons; the establishment of regulations not inconsistent
with this Agreement; and the taking of all necessary actions to carry out its
mission in emergencies. .
)
4.2 The Board or its designee shall have the authority to develop, modify
alter rules and regulations which, from time to time, shall be created
disseminatedbase<! on the best interests of the Oepartment in carrying out
statutory responsibilities.
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ARTICLE 5
CHAPTER SECURITY AND PAYROLL DEDUCTIONS
5.1 Within thirty (30) days after initial appointment
to a position in the bargaining unit, or within thirty (30) calendar days ,
approval of this Agreement by the General Assembly, whichever is later,' eac (0
emp Ioyee shall become a member of the Chapter or sha 11 pay to the Chapter a 1(0.
service fee, except for temporary employees within ninety (90) calendar days of- \'11'L
hire. The Chapter shall ,indemnify and save the against and0,(;! ,.
all claims, demands, Sl.lltS or other of llabillty WhlCh may anse by; 1<1..:.;,
reason of any action taken to this article.
r--:,
5.2 Deduction of Chapter Dues. Chapter dues shall be deducted by the Employer ,
biweekly from the paycheck of each employee who signs and remits to the "
Employer a fO,rm authorizing said deduction. The amount deducted shall be in
amount certified in writing by Local 1303 as the regular monthly dues. The "
amount deducted shall be remitted to the Council together with a list of ,
emp 1oyees and the amount bei ng remitted. Any changes in the amount 'of
dues to be deducted. shall be effective as soon as, practicable. No payroll ( A'{
deductiori of Chapter dues shall be made for any payroll period in which 'r",c
earnings received are insufficient to cover the amount of such deduction.

5.3 Agency Service Fee. Within thirty (30) calendar days after initial. J
appointment 'to a position in the bargaining unit" or within thirty
calendar days after approval of this Agreement by the General \til
wh i chever is later. each emp 1oyee who is not a member of the Chapter shall par,' I,
to the Chapter a service fee, except for temporary employees within ninety (90),' '. ,f
calendar days of hire. . ' I
ARTICLE 6
HOURS OF WORK
!
6.1 Work Week . For DHE DirectoM, houM of work are based upon position
responsibility, as detel1lined by the Connissioner. , The work week consists ..
the number of hOUM of assigned responsibilities prescribed for state employees
by statute, which include evening or weekend work. The parties recognize ,(
that from time to time the fulfillment of professional responsibil ities may J \{-1 '-
necessitate service to the department in excess of the required state 'E
connitment ' i:!
...-C
ARTICLE 7
ADMINISTRATIVE APPOINTMENTS
7.1 The board shall furnish to each appLicant who accepts employment a copy Of"(
the current collective bargaining agreement. ' .
'"''"''''::iii:,',", FfLES ti
8.1 The Department of Higher Education shall maintain only one official
for each DHE director in a secure place designated by the 'Commissioner. : ( '].':;:;"
i
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" .
ARTICLE 9
DISCIPLIIlE
9.1 Discipline is defined as any written reprimand, suspeAsion with
pay, or dismissal from service for just cause.
ARTICLE 10
GRIEVAIlCE PROCEDURE
10.5 The Grievance Procedure
10.3 Time Limi ts. The
specified in each step of
agreement.
10.1 Definition. A'grievance is defined as any difference or dispute arising
from the application or interpretation of the terms of this Agreement. All
grievances shall be in writing and fi led within five (5) working days of the
act or omission complained of on a form to be developed by the parties. Such
form shall require the specific identification of the section of this
alleged to be violated, the specific relief requested, and an acknowledgmen (j1l\'\.
that the gri evance has been f i 1ed with i n the appropri ate time I imi t. . r-'
. .
10.2 Grievant. The employee organization' designated as the .
representative shall have the following rights: notice of. the grievance; and If
the right to be present during any meeting at the COll11lissioner's level H
the grievance procedure. . 1-
time limits are of the essence and time
the grievance procedure may be extended by
"10'"
1004 Informal resolution. The parties encourage attempts to
grievances without resort to the formal procedures outl ined. below. /<r;W.,
r
l
10.5.1 Step 1. Assistant COllll1issioner (division head). The grievance shall
be filed with the Assistant Conmissioner or, "il.'re applicable, the C0llll1issioner;1
who supervises the employee who shall meet with the grievant within ten (10) YJ
calendar days of such submission. The grievance shall be answered in writingA;',i-'Jj
within seven (7) calendar days of such meeting. . (
.
10.5.2 Step 2. Conmissioner. Within fourteen (14) calendar days after the 'I
date of the Assistant- COllllissioner's answer or the date the answer was due,
whichever is earlier, the grievance may be filed with the COllllissioner. WhO!
will meet with the grievant within ten (10) calendar days after receipt of
grievance. The grievance shall be answered in writing within seven (7yvyc.
calendar days of such meeting.
rl
10.5.3 Arbftration (Method). Within fourteen (14) calendar days after the f4
date of the COllll1issioner's answer, or the date the answer was due, whichever is
earl ier, the Chapter may submit an unresolved grievance, except those rel ated
to vacancies and job postings, to arbitration, but no individual employee may -
submit a grievance to arbitration. Such demand for arbitration shall be
in writing with a copy to the COll11lissioner. Timely filing shall be determine j\'
by U.S. Post Office mark. . .
.
. ')1""'"
- 3 "
10.5.4 Ste;l 3. Tripartite Arbitration Panel: Within fourteen (14) calendar ,
days after the date of the COlll1lissioner's answer or the date the answer
due, whichever is earlier, the grievance may be filed with a tripartite panel ,
established by the parties. The panel shall be co"sidered the arbitrator and II
shall consist of:, one member of the Board of Governors for Higher Educatiorrf
se 1ected by the Chapter, one member of the Board of Governors for Hi
Education selected by the Comissioner, and a third member of the Board of I
Governors, for Higher Education appointed by the Chairperson of the Board. I-
The decision of the tripartite panel shall be final and binding according to ,1.5'
1aw.
10.6 Authority of the arbitrator. The arbitrator shall have no power to
to, subtract from, alter, or modify this Agreement and make no award I')'
inconsistent with federal or state law or departmental regulations. 1JU,J I-
!0.6.! The arbitrator shall render a decision in writing no later than thirt
Y
4;:J(fa
(30) calendar days after the conclusion of the hearing or receipt of briefs, (i'\l- ,
whichever is later, unless the parties otherwise agree. -
, ARTICLE 11' 1.:r
COMPENSATlON 1:.
13.1 Entitlement. Oirectors sha.1l be entitled to a
vacatfon each calendar year, accrued at the rate of
month of service. '
if'
s!"
tota1 of 22 workdays of A""',"'''',
1.833 days per calenda'l __ :
, '
months of continuous
on the dai ly rate of pay,
shall be subject
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11.1 Compensation will be in accordance with Exhibit A attached hereto.
ARTICLE 12
1NSURANCE AND RETlREMEIlT PLAIIS .t-""" )
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12.1 The hereby incorporate by r:ference the existing Jt
agreements entered lnto by _the State- of and SEBAC on behalf of UrTlV'- , I
employees as of.the effect,ve date of thlS ' .
12.2 Insurance, retirement and disability compensation plans currently
effect will be continued in accordance with state-supported and/or approved 1" "
pl ans. 'f
ARTICLE 13' '
VACATIONS
13.2.2 Conditions. Vacation days taken by an
prior approval of the imediatesupervisor.
13.2.1 Upon leaving state service after six (6)
a member shall receive a lump sum payment, based
'accrued, but unused, vacation time.
'.
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0_'
15.1 Accrual. All Directors shall accrue sick leave with pay at the rate Of-n
. one and one-quarter (1-1/4). working days per cOftlllleted calendar month' of ,
continuous full-time service cOftlllencing with the date of initial ellIployment.' J-ti.<'-
Such leave starts to accrue only on the first working day of the calendar month '1J)"
and is credited to the eligible e1lIIlloyee on the cOlllPletion of the calendar / vr..... 1

15.2 Conditions. Earne1:l sick leave 'is granted to lIlelllbers for the following
reasons; (1) incapacitation for duty; (2) dental or medical eXailinations or
treatments for which cannot be made outside of working hours; (3)
when presence at worle wi 11 expose others to contagious disease; (4) in the
event of death in the imlediate fallily, when as much as three (3) working days'
leave with pay shall be granted. Im-ediate fasily means husband, wife, father,
mother, sister, brother, child or any other relative wilo is dOllicfled in the
member's household; (5} if critical illness or severe injury in the immediate
fallily creates an, eftIel'gency which requires the attendance or aid of
employee, then up to three (3) working days ,with pay in a calendar year shall I
be granted; (6} as much as three (3) working days' leave per calendar year !t
shall be granted to fulfill the obligation of traveling to, attending, and
returning, frOli funerals of persons other than members of the immediate family,
if granted by the Division Head. ......._J
15.3 A me1:Iical certificate may be required to substantiate a request of sickOf//'i.
leave for the following: / .
1. Any period of absence consisting of more than five consecutive AA
working days; .

'j' ......
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3. Leave of any duration if absence frOll duty recurs
habitually provided the employee has been notified that
will be required;
t '
1
2. To support request for sick leave of any duration during annual
vacation; , 1d J- '
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frequent 1y or' IfUlIfi
a certificate 41 , .
,I ;'If'
4. Leave of any duration when evidence indicates reasonable cause for /j'rP!,
requiring such a certificate. / '7k'>-,
, '-
ARTICLE 16
PERSOHAL LEAVE
16.1 Three (3) days of personal leave with pay in full days in each calendar
year shall be granted to each employee. To be eligible for per;onal ..,
member; must have ccimllleted six (6) months of continuous full-time employmen . ; ,
with the Soard . Except in ,eme.rgenc'y member; who desire leave
sha11 request 1t frolll thel r 1I111le<11 ate supervl sor, at 1east forty"el ght (48) ,j' ,
hours in advance. Personal leave not taken, in a calendar' year shall not be'j','r-.o'k
accumu 1ated.

ARTICLE 17
PROFESS IOHAL GROWTH ' :.) 'f:,
17.1 Participation, with prior approval, in professional activities such
conferences or seminars shall be encouraged, consistent with agency obI igations)U'l
and financial limitations.' . r )
17.2 For such attendance, employees shall be reimbur;ed for mileage;'
meals, and lodging expenses, in accordance with standard state,
regulations, unless other arrangements are agreed upon between the staff memlJer !f.< Li
and the Commissioner, v
ARTICLE 18 _ 1m:'
RETREKCHMEKT . "PlI;:(
18.1 Seniority;' Seniority, shall, be define<i as the continuous length of;j.,; F
employment with the department of higher education. i2il
-r:<,/" If'"
18.2 '. Insofar as possible under the circUlllStances, as detel"lllined by the
COlllllissioner, the parties shall penlit the process of attrition to effectuate;, if .-",
the require<i re<iuction in staff.
18.3 Reassignment. If a reduction in staff is determine<i by the Commissioner (C
to be appropriate, the Comissioner wi 11 make reasonable efforts to reassign or1Jt
th,e affected employee to another posit jon within the agency unless restricted j'E1VJi
by law or contract. ' " /"t-
f -.
18.4 Layoffs. When attrition and reassignment are insufficient or "
inapplicable methods of effectuating the required reduction in staff, "
bargaining unit members sliall be laid off in accordance with the best intereswtf
of the department and statutory mand,ates as determined by the Comissione.., ,
following consultation with the Chapter. When in the judgment of th . ,
Comissioner, employees considered for .layoff possess substantially similar. )';
skills and ability, then the most senior employee shall be retained. Jl
l
\'l
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ARTICLE 20
ENTIRE AGREEMENT
ARTICLE 21
SAVINGS CLAUSE-SEPARABILITY
)
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18.50ir&tor.i should of 14yoff as practicable. '(1f'\-
<l.nA in"'''' e"'tllr Iolu'ts' nOrlu. . . t-
18.6 In event that the Department of Higher Education is merged into
with any other state agency during the life of this Agreement, the Department
encourages and supports the successor employer in recognizing that this fjL
bargaining unit resain distinct and that the contract remain in effect:
18.7 R&all. Employee shall resain on a recall list for one calendar year l.f...'tLo
from the date of the layoff. .
18.7.1 Filling of vacancies shall be based on the Board's statutory mandateS/t)
and the best interests of the Department as detel'1lined by the COlmlissioner.
Nothing herein contained shall require the recall of a laid-off employee if a' I"'
more skilled or.quallfied candidate applies from qutside of the Department.
.
ARTICLE 19 .
VACANCIES AND JOB POSTING
19.1 Job Postings. As vacancies occur in the bargaining unit they shall be \:0
posted for a period of at least seven (7) calendar days, except when .the best
interest of the Department requires otherwise. r,r-
19.2 Vacancies. When. a vacancy occurs, the COlTIlIissioner or a designee shall .
send a copy of the notice to the President of the Chapter.

20.1 Thi s Agreement consti.tutes the enti re agreement between the parti es and
concludes collective bargaining for its term.

21.1 In the event that any provision of this Agreement, in whole or in part,
is held to be illegal, void, invalid, or unenforceable by 'any court or agency
of competent jurisdiction, all of the remaining terms, conditions,
provisions of this Agreement which are not rendered meaningless, inoperable, or I"
ambiguous as a consequence of the judgement shall remain in full force an
effect.. p
ARTICLE 22
DURATION
22.1 This Agreement shall be effective July I, 1990 and shall continue and K"Yf\\fu
remai n in fu 11 force and effect through June 30. 1993. li:JJ'
.ii
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7 -
Exhibit A
COMPENSAnOrt
Effective July I, 1990, the salary minima for bargaining unit members shall be
as follows:
Minimum
a. July I, 1990
c. June 6, 1992
e. May 14, 1993
b. 52,000
d. 54,000
f. 58,000
0'
Unit members on the payroll an or after the dates indicated shall receive an
adjustment to their base salary in the amount and on the dates indicated:
,
1. Effective July 13, 1990, 6.5 percent adjustment to employee's currentJ
base salary.
2. Continuation of base wage for the first twenty-five pay periods
1991-92, I. j
3, Effective June 6. 1992. 6.25 percent adjustment to employee's current' '11\\;;'1"
base salary.
4. Continuation of base wage for the first twenty-three pay periods in ":,]r r::;C)II:'
1992-93,
5. 14. 1993. 6.0 percent adjustment to employee's current ,M
. '1'-<-
It shall be within the ,C01llllissioner's discretion to award merit pay,
no more than 1/4 percent of the salary base of bargaining unit members in
calendar year 1991 aad 1992.' . p (f-
New hires and pl'OlIIOtions frOll within are to be compensated at the discretion of JfJ!.:-
the up to the median salary of all bargaining unit members. I
(i\ , _
Longevity payments will be as follows for all bargaining unit members: '? ii,
- t-;:
''';: .
15 - 19 1,728! _GL I'
20 - 25 2,590 ']"
over 25 3,454 TC
J
'
Semi-annual longevity lump-sum payments will be made on the first re9u1ar payi(
day following Apri 1 23 and October 24 of e'ach year of the contract. D;

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)
)
RESOlV
5/9/91
DEPARTMENT OF HIGHER EOUATION
COlLECTIVE AGREEMENT
that on May 9, 1991 the Board ofGovernors for Higher Education
ratifies the collective bargaining agreement negotiated with AFSCME
local 1303-256 of Council #4, composed of the of Higher
Education Directors. This agreement extends retroactively. frO!ll
July I, 1990 through June 3D, 1993.
.4t'#1 u)

Commissioner of Higher Education
MEMORANDUM OF AGREEMEllT
BETWEEN
BOARD FOR STATE ACADEMIC AWARDS
LOCAL 1303-282 OF CONNECTICUT COUNCIL 14,
APSCHE, APL-CIO
CHARTER OAK COLLEGE PROFESSIONAL EMPLOYEES
The Board for state Academic Awards (the "Board") and Local
1303-282 of Connecticut Council #4, AFSCHE, AFL-CIO (the
"Union"), have entered into a collective bargaining agreement
covering the period July 1, 1991 through June 30, 1994, as
attached hereto.
The effective dates of the .wage increases for the first two
years of this Agreement as follows: June 26, 1992 and May 14,
1993.
This Agreement shall be reopened for the purpose of
negotiating both the amount of any general wage increase and
the effective date thereof for the final year of this Agreement
(1993-94) .
)
1
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",.
i,
LOCAL 1303-282,
CONNECTICUT COUNCIL #4,
AFSCHE, AFL-CIO
4870S/13
BOARD FOR ACADEMIC AWARDS
CHARTER OAK COLLEGE

:<
MEHORAlIDUH OF AGREEMENT
This Agreement is made by and between the Connectjcut
state Police union ("Union") designated as exclusive bargaining
representative under the state Employee Collective Bargaining
Act, Conn. Gen . stat. S-270 et seq. ("the Act"), and the state
of Connecticut Executive Branch (the "Staten), including those
subdivisions thereof which bargain as separate employers under
the Act whose units are covered by this Agreement, for the
following bargaining unit:
State Police
I. LAYOFFS
1. May and June Layoffs
The fourteen (14) employees who were laid off in the
spring of 1991 shall be reinstated effective not later than
November lS, 1991, without back pay. For all purposes other
than completion of the probationary period, their seniority
shall be restored retroactive to the date of layoff upon
completion of the probationary period. The Union and these
e m p l ~ y e e s agree that this constitutes a full and final
settlement of any grievances or other claims concerning their
layoffs. This settlement is without prejudice to either
party's position on the proper interpretation of the contract,
and shall not be used as a precedent for any other case
..
)
An employee who was laid off effective May 30,1991, and
who elected to retire effective June 1, 1991, and an employee
who was laid off effective June 13, 1991 and who elected to
retire effective July 1, 1991, shall be deemed to have made a
direct transition from state employment to retirement status
and thus be eligible for life insurance pursuant to Conn. Gen.
stat. partial sick leave payment pursuant to Conn.
Gen. stat. S-247(a), and prorated longevity pay pursuant to
Conn. Gen. stat. S-213(b). The statutory provisions
referenced herein are those of the General Statutes revised to
1991.
2. October 1991 Expense Reduction Plan
a. Each employee laid off pursuant to the October
1991 ERP shall be offered reinstatement, without back payor
benefits, to the position held prior to layoff. For all
purposes other than completion of the probationary periOd,
their seniority shall be restored retroactive to the date of
layoff upon completion of the probationary period. The Union
and-these employees agree-that this constitutes a full and
final settlement of any grievances or other claims concerning
their layoffs. This settlement is without prejudice to either
party's position on the proper interpretation of the contract,
and shall not be used as a precedent for any other case.
3. There shall be no additional layoffs which result in
loss of employment during 1991-92. In the event that
4869S/27
I
I
f
changes require additional position eliminations,
every effort shall be made to effect such reductions by
attrition. If attrition is insufficient, the State and the
Unions shall cooperate in effecting transfer or reassignment,
within a reasonable commuting distance, and/or retraining of
affected employees.
The above shall not apply to grant or federally funded
positions eliminated or reduced due to loss of or reduction in
funding, or to appointments with termination or end dates. Nor
shall this Agreement prevent giving notices of layoff or
nonrenewal during 1991-92 for actions to be effective in
SUbsequent year(s), unless expressly provided to the contrary
in a unit agreement.
4. Reinstatement from Layoff
a. Any employee who is reinstated from layoff
pursuant to the terms of this Agreement shall, upon
reinstatement, have restored to him/her the accumulated sick
leave balance which was in effect as of the date of layoff.
b. Any employee who is reinstated from layoff in
accordance with the provisions of this Agreement shall be
eligible to re-enroll in the same level of group life insurance
purchased as of the time of layoff, without the waiting period
required for new enrollments pursuant to Conn. Gen. stat.
5-257.
48695/28
)
c. An employee who is reinstated pursuant to the
terms of this Agreement and who is a member of the Tier I
retirement system shall not be eligible for any refund of
contributions based on his/her layoff. Any such employee who
accepts the state's offer of re-employment shall rescind any
pending request for a refund of retirement contributions. If
such refund has already been processed, the employee shall
repay the full amount to the state Retirement system.
d. Any employee who is reinstated from layoff
pursuant to the terms of this Agreement shall have restored to
his/her credit any unused personal leave day balance which
existed at the time of layoff.
e. Any employee who is reinstated from layoff
pursuant to the terms of this Agreement, and who was enrolled
in a State group health insurance plan as of the time of
his/her layoff shall be reinstated to the same plan effective
as soon as possible, sUbject to rules and procedures of the
comptroller's office. The State shall cooperate in ensuring
that, upon enrollment, no employee shall be denied coverage for
a previously covered preexisting condition which occurred after
layoff and prior to reenrollment.
f. Any employee who is reinstated from layoff
pursuant to the terms of this Agreement shall have the option
to purchase vacation time for which he/she received a lump sum
payment at the time of layoff, in accordance with the following:
4869S/29
(1) The employee shall be required to make a
written election to purchase vacation, on a form provided by
the state. Such election must be made not later than February
29', 1992, and sUbmitted to the agency personnel office.
(2) The agency shall inform the employee of the
payment amount required. The payment amount required shall be
the gross wages paid less deductions for retirement
contributions, FICA and income tax withholding. (Adjustments
for these items shall be made by the State.)
(3) Payment due must be made by the employee to
the agency not later than one week following the date of
notification of the amount due.
The State shall cooperate in providing information to the
Labor Department for any employee who purchases vacation and
seeks an adjustment in his/her unemployment compensation.
g. An employee who is offered reinstatement pursuant
to the terms of this Agreement and who declines shall retain
his/her reemployment rights under the applicable collective
bargaining agreement. The state shall not challenge the
receipt of unemployment benefits by an employee who remains on
l a y o ~ f .
II. WAGES AND WAGE RELATED SAVINGS
1. Collective Bargaining Increases. Wage increases and
modifications thereof shall be implemented in accordance with
the terms of the unit agreement attached hereto.
4869S/30
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)
2. Annual Increments. All employees shall forego one
annual increment, lump sum payment and/or equivalent as
provided in the unit agreement attached hereto.
3. Pension Protection. Any employee who retires from
state service, under the State Employees' Retirement System
("SERS") or the Teachers' Retirement system ("TRS"), during the
period from July 1, 1991 through June 30, 1994, and who, for
the purposes of pension calculation, utilizes any or all of the
1991-92 or 1992-93 contract years for the purpose of
calculating his/her final average earnings, shall be entitled
to inclUde the wage increases and the meal allowance increases
I
which would have been paid had the provisions of the attached
unit agreement not been implemented.
Any employee who would have received an annual increment
in 1992-93 had the provisions of paragraph 2, supra, not been
implemented, and who retires from State service under the State
Employees' Retirement system "("SERS") or the Teachers'
Retirement System ("TRS"), during the period from July 1, 1991
through June 30, 1994, and who, for the purposes of pension
calculation, utilizes 1992-93 contract year earnings for the
purpose of calculating his/her final average earnings, shall be
entitled to include the sum of five hundred dollars ($500.00)
(prorated for part-time service) in hiS/her final average
earnings.
4869S/31
Any employee who benefits from this item 3 shall be
required to make the applicable employee contributions on the
amount of imputed meal allowance increases for which he/she is
receiving the benefit. For example, an employee in Tier I of
the SERS shall be required to pay two percent (2%) (five
percent if in Plan A) on the increase in his/her final average
earnings which results from the application of this section.
III. WORKERS' COMPENSATION
1. There shall be an expansion of the "safety committee"
concept to additional facilities on a trial basis.
2. The parties shall jointly develop fraud avoidance
programs.
IV. LABOR-MANAGEMENT COMMITTEES
1. There will be pilot committee
projects at three state agencies. The agencies selected for
those pilot projects shall be named by the Governor, after
consultation with representatives of SEBAC, within thirty (30)
days of legislative ratification of this Agreement.
2. Each labor-management committee shall include
approximately equal numbers of representatives of the employer
and the unions which represent employees at the agency.
3. The discussion topics for these labor-management
committees will be focused on issues of economy and efficiency
of operation.
4869S/32
)
4. The committees will make recommendations, with
implementation at the discretion of the State. Nothing done by
the committees shall be used as a basis for demanding mid-term
bargaining, nor shall the discussions be used by either party
in any pending or future proceedings in any forum, including
but not limited to grievance and interest arbitrations.
V. VOLUNTARY LEAVES AND SCHEDULE MODIFICATIONS
1. Upon request of any employee, or group thereof, and
agreement of the appointing authority, a schedule modification
which reduces the work week or provides enhanced coverage or
)
efficiency, or a voluntary leave of absence may be granted.
employee who is granted reduced hours or a leave of absence
shall have his/her pay reduced accordingly.
An
2. Approval of any such request, except as may already
be provided in unit contract language, shall be at the sole
discretion of the agency, and the grant or denial thereof shall
not be the sUbject of or the basis for a collateral attack or
grievance review.
3. The agency shall notify the bargaining agent of any
agreements reached or leaves granted hereunder.
4. Unpaid leave or reduced hours shall not be granted
..
!
wherein the employee would fall below the unit threshold for

health insurance benefits. The employer shall notify the

~
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employee in writing, prior to final agreement, if any such
..;--
48695/33
schedule modifications would impact the accrual of leave time,
or sundry benefits.
5. Voluntary leaves undertaken as a result of these
provisions shall not operate to interrupt the continuous
employment status of the participant.
6. The willingness of the parties to agree to this
provision as a part of the overall settlement shall be without
prejudice, and shall have no value as precedent.
7. This provision, as well as any leaves and schedule
modifications granted pursuant to this provision, shall sunset
no later than September 1, 1993, unless the appropriate parties
mutually agree to the continuation thereof.
8. Further provisions pertaining to this program are
detailed in Appendix A.
VI. UNIT AGREEMENT
The State and the Union have reached an agreement to
extend the collective bargaining agreement and implement wage
changes and other means of savings as specifically set forth in
the unit agreement attached hereto as Appendix B.
VII. GENERAL PROVISIONS
1. Those provisions of this Agreement, if any, which
modify the Pension Agreement between the State and SEBAC or
which affect pension and health insurance issues are SUbject to
ratification by SEBAC.
4869S/34
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2. Those provisions of this Agreement which modify
and/or e ~ t e n d the unit collective bargaining agreement have
been ratified by the bargaining unit in accordance with
applicable rules and procedures of the Union.
3. This Agreement is subject to ratification by the
General Assembly.
4. Except as otherwise provided in this Agreement or an
Appendix, disputes over the application of this provisions of
this Agreement shall be resolved through discussion between the
parties.
48695/35
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APPENDIX A
VOLUNTARY LEAVE AND SCHEDULE REDUCTION PROGRAM
A. General Provisions
1. Upon request of any employee, or group thereof, and
agreement of the appointing authority, a schedule modification
which reduces the work week, or provides enhanced coverage or
efficiency, or a voluntary leave of absence may be granted. An
employee who is granted reduced hours, or a leave of absence,
shall have his/her pay reduced accordingly.
2. Approval of any such request, except as may already be
provided in unit contract language, shall be at the sole
discretion of the agency and the grant or denial thereof shall
not be the subject of, or the basis for, a collateral attack,
or grievance review.
3. The agency shall notify the bargaining agent of any
agreements reached, or leaves granted, hereunder.
4. Unpaid leave, or reduced hours, shall not be granted
wherein the employee would fall below the unit threshold for
health insurance benefits. The employer shall notify the
employee in writing, prior to final agreement, if any such
schedule modifications would impact the accrual of leave time,
or sundry benefits. Any reduction in hours, or leave of
absence, pursuant to this program shall not affect the
bargaining unit status of the employee participating in the
program.
48695/36
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5. Voluntary leaves undertaken as a result of these
provisions shall not operate to interrupt the continuous
employment status of the participant.
6. The willingness of other parties to agree to this
provision as a part of the overall settlement shall be without
prejudice and shall have no value as precedent.
7. This Agreement, as well as any leaves and schedule
modifications granted pursuant to this Agreement, shall take
effect as soon as practicable following legislative approval
and shall sunset no later than September 1, 1992, unless the
exclusive bargaining representatives and the state mutually
agree to the continuation thereof. This agreement shall be
construed to have retroactive effect if necessary to cover any
l e a v e ~ granted prior to legislative approval and which began on
or after June i, 1991.
B. Soecific Provisions
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1. Plan options
i. Leave of Absence Without Pay - duration between
one and twenty-four weeks. Employee shall return to same or
similar position upon expiration of the leave.
ii. sporadic Days Off - pre-scheduled days off of
less than one week at a time.
iii. Work Schedule Reductions
Examples: (Based on 35 hr. work week)
4 day work week (20% reduction)
48695/37
4 7 1 / 2 ~ h r . days/wk. (14.3% reduction)
4 8-hr. days/wk. (8.6% reduction)
9 days/pay period. (10% reduction)
half-time (e.g. mornings/afternoons) (50%
reduction)
iv. Education Leave - days off without pay to
participate in educational programs with availability of
tuition reimbursement assistance as provided for in collective
bargaining agreements.
v. Other - any other mutually agreeable plan which
reduces state payroll costs. THE EMPLOYEE'S UNION
REPRESENTATIVE (IF APPLICABLE) MUST APPROVE ANY REQUESTS UNDER
THIS OPTION.
2. Modifications to Approved Applications - In the event
of a financial emergency, an employee who participates in the
program shall return to his/her regular work schedule as soon
as practicable.
C. Provisions Which May Conflict with Collective Bargaining
, Agreements
.Jhe parties agree that certain benefits should continue to
accrue to an employee who participates in this program,
notwithstanding contrary provisions which may exist within
their collective bargaining agreement. A statement of those
benefits is set forth herein:
4869S/38
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Effect on Benefits and status: An employee whose
application is approved under this program shall be entitled to
benefits as follows:
1. Health and Life Insurance - During the period of any
leave of absence, or work schedule reduction, approved in
accordance with the agreement, an employee's health and life
insurance shall continue on the same basis as prior to the
leave of schedule modification. In order to continue these
insurance coverages during such leave, the employee shall
contribute that portion of the premiums the employee would have
been required to contribute had the employee remained an active
employee during the leave period.
2. Seniority - An employee shall receive any seniority
credit for time lost as a result of a reduced work schedule
time or a leave of absence under the agreement. Thus, an
employee participation in this program shall receive full
seniority credit and will not have seniority prorated.
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3. vacation and sick Leave Accruals -
}
i. An employee on a reduced work schedule pursuant
to the agreement shall continue to accrue his/her vacation and
sick leave at the individual's rate of accrual prior to
participation in the program and shall not lose his/her accrual
of vacation and. sick leave for any month of such schedule
modification.
4869S/39
ii. An employee who takes a leave of absence without
pay shall continue to accrue sick leave and vacation for up to
two months sUbject to any accrual maximums in the employee's
collective bargaining agreement. An employee who takes a leave
of absence for more than two months will cease accruing
vacation and sick leave after the first two months. In order
to be eligible for payment for these accruals, an employee must
be reinstated from the leave for at least two months.
4. Holidays - Holiday benefits will be paid in accordance
with the employee's collective bargaining agreement based upon
the leave of absence, except that those on a reduced work
schedule shall receive prorata credit for any holiday falling
on a.day on which he/she is not scheduled to work as a direct
result of this program. In no event shall the number of hours
of holiday credit exceed that granted to a full-time employee
working a standard work schedule.
Examples:
i. Employee on leave of absence for month of July
receives no holiday credit for July 4.
ii. Employee reduces schedule to 4-day work week,
Monday - Thursday, receives full pay for holiday on Thursday,
JUly 4, (not to exceed the number of hours in a full-time day) .
iii. Employee reduces schedule to 4-day work week,
with Thursdays off, receives 80% holiday credit (recorded as
earned time) despite the fact that he/she was not scheduled to
work Thursdays.
48698/40
iv. Employee reduces schedule from 35 to 32
hours/week by increasing the daily hours scheduled from 7 to 8;
the holiday benefit cannot exceed 7 hours, equivalent to that
granted a full-time employee. Therefore:
a) if scheduled to work Thursday - receives 7
hours holiday pay for July 4 holiday and may supplement with 1
hour accrued vacation or receives 31 hours pay.
b) if scheduled off on Thursdays - receives
32/35 holiday credit (recorded as earned time)
NOTE:
Some agencies will revert to the standard work
schedule during holiday weeks, in the same manner in
which they currently revert full-time, 4-day work
weeks.
)
5. Workers' Compensation -Benefits will continue to be
determined under Statutes.
6. Longevity - An employee shall be entitled ,to the full
longevity benefit without regard to the leave of absence or
reduced work schedule. (Payment to an employee on leave under
section B. 1. i. 'shall be paid in accordance with Regulation
5-213-1, if applicable.)
7. Working Test Period - An employee on a promotional
working test period will be required to successfully complete
the equivalent of a full-time working test period. (Employees
on an initial working test period are not eligible for the
program. )
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8. Overtime - Payment shall continue in accordance with
the collective bargaining agreement or regulation (if
48695/41
applicable). Reduction hours will not be counted as time
worked in determining eligibility for overtime payments.
9. Pensions-
i. A member of Tier I who is granted a leave of
absence without pay under this program will be entitled to
purchase credit for each month of leave at the rate of five (5)
percent of his/her salary at the time leave is granted, plus
interest at five (5) percent per year.
ii. A member to Tier I who is granted a reduction in
work schedule under this program will be entitled to purchase
credit for a period equivalent to the reduction for each month
of the reduction at the rate of five (5) percent of his/her
salary at the time he/she applied for the credit.
iii. Time not worked under this program (under any
option) will not'count towards vesting service under Tier 1
unless the employee is at least age sixty (60). For employees
under Tier II the time will count for both vesting and credited
service.
iv. A Tier II member is not required to contribute in
order to receive credit for time not worked under this program
e x c ~ p t that hazardous duty members must make contributions
equal to four (4) percent of salary.
10. Miscellaneous Benefits
(a) Where existing collective bargaining agreement(s)
provide specific language on qualification for or prorating of
48695/42
compensation items such as stipends and/or fringe benefits,
those contracts shall govern.
(b) In all other disputes involving contractual or
statutory benefits or stipends, employees shall be protected
from losses which are not specifically described in this
Agreement or the written voluntary leave agreements with the
Agency that are prepared pursuant to Section A.4. of this
Agreement.
(c) In clarification of Section II, subsection 1 of
the SEBACagreement, proration' of the five hundred dollar
($500.00) addition to final average earnings shall only occur
for those employees holding part-time positions, not those with
reduced schedules pursuant to the voluntary leave agreement
between the parties.
4869S/43
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APPENDIX B
mlIT AGREEMEN.T
. STATE OF CONNECTICUT
AND
CONNECTICUT STATE FOLICE mlION
STATE POLICE (NP-l) BARGAINING UNIT
The state of connecticut (the "State") and the connecticut
state Police Union (the "Union"), agree as follows:
1. The collective bargaining agreement between the State
and the Union which is currently in force is hereby extended to
June 30, 1995. Article 38 of the contract is therefore revised
to provide for an expiration date of June 30, 1995.
2. Article 19, section One of the contract is deleted and
the following substituted in lieu thereof:
section One. General Wages.
(a) Effective July 13, 1990, all employees shall
receive a four percent (4%) salary increse.
(b) (1) Effective July 12, 1991, the base annual
salary for all employees shall be increased by five
percent (5%).
(b) (2) In addition to the increases in (b) (1) above,
the following increases to the pay plan shall be made:
Effective July 12, 1991, steps 9, 10 and 11 of the
Trooper/Trooper First Class pay plan shall be
augmented as follows:
48695/44
Step 9
Step 10
Step 11
.60%
1.16%
2.00%
Effective JUly 12, 1991; steps 6, 7 and 8 of the
Sergeant pay plan shall be augmented as follows:
Step 6
Step 7
step 8
.. 71%
1.39%
2.00%
Effective July 12, 1991, Steps 6, 7 and 8 of the
Master Sergeant pay plan shall be augmented as follows:
Step 6
step 7
Step 8
.77%
1.51%
2.00%
salary
and
)
(c) Effective May 14, 1993, the base annual
for all emploYees shall be increased by four
one-half percent (4.5%).
(d) The parties agree to a wage reoperner for the
purpose of negotiating the base salary for the fourth
year of the agreement. Negotiations shall commence
within thirty (30) days of receipt of a written
request by either party, on or after February 15, 1993.
(e) The parties agree to a wage reopener for the
purpose of negotiating the base salary for the fifth
year of the agreement. Negotiations shall commence
within thirty (30) days of receipt of a written
request by either party, on or after February 15, 1994.
(f) The parties agree to a reopener for the purpose
of negotiating Section Five of. Article 15 (shift
differential) for the fourth and fifth years of the
agreement. Negotiations shall commence in the same
manner and at the same time as the negotiations in
subsections (d) and (el above.
(g) Annual increments will not be paid for the
contract year 1992-93. Effective with the contract
year 1993-94, employees will continute to be eligible
for and receive annual increments in accordance with
existing practice.
3. Article 19, Compensation, Section Two, Meal Allowance
(a) of the contract is deleted and the following is SUbstituted
in lieu thereof:
4869S/45
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The meal allowance of $13.35 shall be suspended for
the period commencing November 1, 1991 and ending July
11, 1992. This suspension shall not apply to HCOT/OPA
assignments and the meal allowance of $13.35 shall
continue to be paid on such assignments,
Commencing July 12, 1992, the meal allowance shall be
reinstated at the rate of $13.35 and shall continue at
that rate until January 7, 1993. Commencing January
8, 1993, the meal allowance shall be increased to
$13 .95.
Thereafter, any future meal allowance increases shall
be equal to the same percentage as the general wage
increase or by the percentage equivalent of any dollar
increase to the gneeneral wage base.
The meal allowance shall be calculated in accordance
with pre-existing regulations.
4. Neither party will argue that the language of the
reopener clause mandates or precludes July 1 increase dates or
that the language of the reopener clause mandates or precludes
a general wage increasers) in the 1993-94 and/or 1994-95
contract year(s). The effective date of any increase in the
meal allowance in 1993-94 and/or 1994-95 shall not necessarily
be tied to the date of any general wage increase(s).
5. Article 13, Order of Layoff and Reemployment, section
Two, is amended to provide "four (4) weeks" rather than "two
(2) weeks" notice of layoff.
'6. Article 13, Order of Layoff and Reemployment, is
amended to add a new Section Five as follows:
Reemployment of laid off permanent employees shall be
in reverse order of layoff (last out is first to be
recalled within a rank).
48695/46
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7. In all other respects, the provisions of the 1990-93
contract remain in effect and shall continue through June 30,
1995. Economic provisions, such as but not limited to tuition
funds,conference funds, night shift differential and weekend
differential for 1993-95 shall continue at the same rates as
established for the 1992-93 contract year.
48695/47
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IN WITNESS WHEREOF, the parties have executed this
Agreement this third day of February, 1992.
STATE OF CONNECTICUT
Murray
for the Sta
By
CONNECTICUT STATE
By
4869S/48
MEMORANDUM OF AGREEMENT
This Agreement is made by and between the Connecticut
Employees Union Independent, SEIU ("Union"), which is
designated as an exclusive bargaining representative under the
state Employee Collective Bargaining Act, Conn. Gen. stat.
5-Z70 et seq. (lithe Act") , and the state of Connecticut
Executive Branch (the "state"), for the following bargaining
unit:
Maintenance and Service Employees (NP-Z)
I. LAYOFFS AND FURLOUGHS
1. May and June Layoffs
An employee who was laid off effective May 30, 1991,
and who elected to retire effective June 1, 1991, and an
employee who was laid off effective June 13, 1991 and who
elected to retire effective July 1, 1991, shall be deemed to
have made a direct transition frOm State employment to
retirement status and thus be eligible-for life insurance
pursuant to Conn. Gen. stat. S5-Z57 (d) , partial sick leave
payment pursuant to Conn. Gen. stat. 5-Z47(a}, and prorated
longevity pay pursuant to Conn. Gen. stat. 5-Z13(b}. The
statutory provisions referenced herein are those of the General
Statutes revised to 1991.
)
2. October 1991 Expense Reduction Plan
a. Each employee laid off pursuant to the October
1991 ERP shall be offered reinstatement, without back payor
benefits, to the position held prior to layoff. Reinstatements
shall be effective January 10, 1992, except that employees of
the Department of Transportation who have snow and ice related
shall be offered reemployment effective December
27, 1991. No employee who would otherwise have qualified for
an annual increment, lump sum payment or equivalent shall be
denied payment as a result of being on layoff between October
1, and January 10. The terms of reinstatement shall be in
accordance with paragraph 5 below. The Union agrees that any
and all grievances, arbitrations, prohibited practice charges,
lawsuits and other claims concerning such layoffs shall be
withdrawn, and that no other claims concerning these layoffs
shall be filed or pursued.
b. Each bargaining unit shall select one of the
following options concerning the ERP furloughs.
I. For units which have no furlough days as part of
their concessions:
A. No payment for furloughs; no withdrawal of
claims;
)
56175/2
B.
- OR -
Individual employee election of:
1. One-half pay and all claims withdrawn or
2. Full pay, with days deducted from the
employee's accrued vacation.
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II. For units which have a sufficient number of
furlough days as part of their concessions, all
of the ERP furlough days shall be credited or
applied to the furlough day obligation.
III. For units which do not have a sUfficient number
of furlough days as part of their concessions,
all of the ERP furlough days shall be credited or
applied to the furlough day obligation and the
excess shall be in accordance with the unit
election as set forth in IA or B above.
Each unit shall make its election by December 31, 1991, in
writing, to the Office of Labor Relations. For any election
which calls for withdrawal of claims, all grievances,
arbitrations, practice charges, lawsuits
unpaid time under the ERP shall
and other
be
withdrawn and no other claims concerning same shall be filed or
pursued.
3. There shall be no additional layoffs which result in
loss of employment during 1991-92. In the event that
programmatic changes require additional position eliminations,
every effort shall be made to effect such reductions by
attrition. If attrition is insufficient, the state and the
unions shall cooperate in effecting transfer or reassignment,
within a reasonable commuting distance, and/or retraining of
affected employees. This provision is subject to mOdification
56175/3
in unit agreements.
4. The above shall not apply to grant or federally funded
positions eliminated or reduced due to loss of or reduction in
funding, or to appointments with termination or end dates. Nor
shall this Agreement prevent giving notices of layoff or
nonrenewal during 1991-92 for actions to be effective in
sUbsequent year(s), unless expressly provided to the contrary
in a unit agreement.
Further, notwithstanding the above, if any employee(s)
is/are reinstated prior to July 1, 1992 as a result of a
grievance, arbitration, prohibited practice charge, lawsuit or
other claim over layoffs/bumping:
( a) If the reinstatement is ordered due to
. ,5. Reinstatement from Layoff
a. Any employee who is reinstated from layoff
pursuant to the,terms of this Agreement shall, upon
reinstatement, have restored to him/her the accumulated sick
leave balance which was in effect as of the date of l a y ~ f f .
56175/4
b. Any employee who is reinstated from layoff in
accordance with the provisions of this Agreement shall be
eligible to re-enroll in the same level of group life insurance
purchased as of the time of layoff, without the waiting period
required for new enrollments pursuant to Conn. Gen. stat.
5-257.
c. An employee who is reinstated pursuant to the
terms of this Agreement and who is a member of the Tier I
retirement system shall not be eligible for any refund of
contributions based on his/her layoff. Any such employee who
accepts the state's offer of re-employrnent shall rescind any
pending request for a refund of retirement contributions. If
such refund has already been processed, the employee shall
repay the full amount to the state Retirement System.
d. Any employee who is reinstated from layoff
pursuant to the terms of this Agreement, and who was enrolled
in a State group health insurance plan as of the time of
his/her layoff shall be reinstated to the same plan effective
as soon as possible, SUbject to rules and procedures of the
Comptroller's office. The State shall cooperate in ensuring
that, upon enrollment, no employee shall be denied coverage for
,
a previously covered preexisting condition which occurred after
layoff and prior to reenrollment.
e. Any employee who is reinstated from layoff
pursuant to the terms of this Agreement shall have the option
5617S/5
to purchase vacation time for which he/she received a lump sum
payment at the time of layoff, in accordance with the following:
(1) The employee shall be required to make a
written election to purchase vacation, on a form provided by
the state. Such election must be made not later than one week
following the date of reinstatement, and submitted to the
employee's agency personnel office.
(2) The agency shall inform the employee of the
payment amount required. The payment amount required shall be
the gross wages paid less deductions for retirement
f-
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contributions, FICA and income'tax withholding.
for these items shall be made by the state.)
(Adjustments
(3) Payment due must be made by the employee to ~ :
the, .agency not later than one week following the date of
notification of the amount due.
The State shall cooperate in providing information to the
Labor Department for any employee who purchases vacation and
seeks an adjustment in his/her unemployment compensation.
f. An employee who is offered reinstatement pursuant
to the terms of this Agreement and who declines shall retain
his/her reemployment rights under the applicable collective
bargaining agreement. The State shall not challenge the
receipt of unemployment benefits by an employee who remains on
layoff.
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5617S/6
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II. WAGES AND WAGE RELATED SAVINGS
1. Collective Bargaining Increases. Wage increases and
modifications thereof shall be implemented in accordance with
the terms of individual unit agreements attached hereto.
2. Annual Increments. Merit and Equivalent Increases.
a. Except as may be provided in unit agreements, in
units which do not have 1991-92 contracts, employees will keep
their July 1991 and January 1992 annual increments, merit
increases, lump sum payments and/or equivalents. For these
units, annual increments, lump sum payments and/or equivalents,
shall not be paid for the contract year 1992-93.
b. Except as may be provided in unit agreements, in
units which have 1991-92 contracts, employees will keep their
July 1991 annual increments, merit increases, lump sum payments
and/or equivalents. For these units, annual increments, lump
sum payments and/or equivalents, shall not be paid in January
1992 and July 1993.
c. Units with other than July and January dates
shall forego one annual increment, lump sum payment and/or
equivalent on the applicable dates.
3. Pension Protection. Any employee who retires from
state service, under the state Employees' Retirement System
(
It
SERS") or the Teachers' Retirement system ("TRSIt), during the
period from JUly 1, 1991 through June 30, 1994, and who, for
the purposes of pension calCUlation, utilizes any or all of the
5617S/7
)
1991-92 or 1992-93 contract years for the purpose of
calculating his/her final average earnings, shall be entitled
to include the wage increases which would have been paid had
the provisions of paragraph 1 supra and the related unit
agreements not been implemented.
Any empioyee who would have received an annual increment
in 1992-93 had the provisions of paragraph 2, supra, not been
implemented, and who retires from State service under the state
Employees' Retirement System (nSERsn) or the Teachers'
Retirement system (nTRs
n
), during the period from JUly 1, 1991
through June 30, 1994, and who, for the purposes of pension
calculation, utilizes 1992-93 contract year earnings for the
purpose of calculating his/her final average earnings, shall be
entitled to include the sum of five hundred dollars ($500.00)
(prorated for part-time service) in his/her final average
earnings.
In order to provide pension protection for employees
covered by the Alternate Retirement Program (nARP
n
) , if an
employee enrolled exclusively in ARP leaves State service
during the period from July 1, 1991 through June 30, 1994, and
at the time of separation has at least ten (10) years of actual
State service, the State shall make the employer contribution
to ARP on the wage increases which would have been paid on
his/her salary during the 1991-92 and/or 1992-93 contract
years, if the provisions of paragraph 1 suora had not been
5617S/8
implemented. Implementation of this provision is sUbject to
the approval of TIAA-CREF.
Any employee who benefits from this item 3 shall be
required to make the applicable employee contributions on the
amount of imputed wage increases for which he/she is receiving
the benefit. For example, an employee in Tier I of the SERS
shall be required to pay two percent (2%) (five percent if in
Plan A) on the increase in his/her final average earnings which
results from the application of this section.
4. Furloughs. Credit for furlough days for purposes
of pension, longevity, leave accruals and other benefits shall
be treated in the same manner as leave under the Voluntary
Leave section of this Agreement.
5. Objective Job Evaluation. Except as may be provided
in unit agreeements, the provisions of this section shall not
affect implementation of objective job evaluation studies
according to existing contracts.
III. WORKERS' COMPENSATION
1. There shall be an expansion of the "safety committee"
concept to additional facilities on a trial basis.
2. The parties shall jointly develop fraud avoidance
programs.
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56175/9
IV.
)
LABOR-MANAGEMENT COMMITTEES
1. There will be pilot labor-management committee
projects at three state agencies. The agencies selected for
those pilot projects shall be named by the Governor, after
consultation with representatives of SEBAC, within thirty (30)
days of legislative ratification of this Agreement.
2. Each labor-management committee shall include
approximately equal numbers of representatives of the employer
and the unions which represent employees at the agency.
3. The discussion topics for these labor-management
committees will be focused on issues of economy and efficiency
of operation.
4. The committees will make recommendations, with
implementation at the discretion of the State. Nothing done by
the committees shall be used as a basis for demanding mid-term
bargaining; nor shall the discussions be used by either party
in any pending or future proceedings in any forum, including
but not limited to grievance and interest arbitrations.
V. VOLUNTARY LEAVES AND SCHEDULE MODIFICATIONS
1. Upon request of any employee, or group thereof, and
agreement of the appointing authority, a schedule modification
which reduces the work week or provides enhanced coverage or
efficiency, or a voluntary leave of absence may be granted. An
employee who is granted reduced hours or a leave ofabsehce
shall have his/her pay reduced accordingly.
5617S/10
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2. Approval of any such request, except as may already
be provided in unit contract language, shall be at the sole
discretion of the agency, and the grant or denial thereof shall
not be the sUbject of or the basis for a collateral attack or
grievance review.
3. The agency shall notify the bargaining agent of any
agreements reached or leaves granted hereunder.
4. Unpaid leave or reduced hours shall not be granted
wherein the employee would fall below the unit threshold for
health insurance benefits. The employer shall notify the
employee in writing, prior to final agreement, if any such
schedule modifications would impact the accrual of leave time,
or sundry benefits.
5. Voluntary leaves undertaken as a result of these
provisions shall not operate to interrupt the continuous
employment status of the participant.
6. The willingness of the parties to aqree to this
provision as a part of the overall settlement shall be without
prejudice, and shall have no value as precedent.
7. This provision, as well as any leaves and schedule
modifications granted pursuant to this provision, shall sunset
no"later than September 1, 1993, unless the appropriate parties
mutually agree to the continuation thereof.
8. Further provisions pertaining to this program are
detailed in Appendix A.
56175/11
VI. UNIT AGREEMENTS
The State. and the Union have reached tentative agreements
to extend collective bargaining agreements and implement wage
changes and other means of savings as specifically set forth in
the unit agreement(s) attached hereto as Appendix B.
VII. GENERAL PROVISIONS
1. Those provisions.qf this Agreement, if any, which
modify the Pension Agreement between the state and SEBAC or
which affect pension and health insurance issues are sUbject to
ratification by SEBAC.
2. Those provisions of this Agreement which modify
and/or extend individual unit collective bargaining agreements
are subject to ratification by each of the bargaining units in
accordance with applicable rules and procedures of the
exclusive bargaining representative.
3. Any individual bargaining unit which fails to ratify
this Agreement and/or the related unit agreement shall not be
entitled to the benefits and protections of this Agreement.
4. This Agreement is sUbject to ratification by the
General Assembly.
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an
'. 5.
Appendix,
Except as otherwise provided in this Aieement or
'G.?' +l<e.
disputes over the application of ~ rovisions of
this Agreement shall be resolved through discussion between the
parties.
5617S/12
APPENDIX A
VOLUNTARY LEAVE AND SCHEDULE REDUCTION PROGRAM
A. General Provisions
1. Upon request of any employee, or group thereof, and
agreement of the .appointing authority, a schedule modification'
which reduces the work week, or provides enhanced coverage or
efficiency, or a voluntary leave of absence may be granted. An
employee who is granted reduced hours, or a leave of absence,
shall have his/her pay reduced accordingly.
2. Approval of any such request, except as may already be
provided in unit contract language, shall be at the sale
discretion of the agency and the grant or denial thereof shall
not be the subject of, or the basis for, a collateral attack,
or grievance review.
3. The agency shall notify the bargaining agent of any
agreements reached, or leaves granted, hereunder.
4. Unpaid leave, or reduced hours, shall not be granted
wherein the employee would fall below the unit threshold for
health insurance benefits. The employer shall notify the
employee in writing, prior to final agreement, if any such
schedule modifications would impact the accrual of leave time,
or'sundry benefits. Any reduction in hours, or leave of
absence, pursuant to this program shall not affect the
bargaining unit status of the employee participating in the
program.
56175/13
5. Voluntary leaves undertaken as a result of these
provisions shall not operate to interrupt the continuous
employment status of the participant.
6. The willingness of other parties to agree to this
provision asa part of the overall settlement shall be without
prejudice and shall have no value as precedent.
7. This Agreement, as well as any leaves and schedule
modifications granted pursuant to this Agreement, shall take
';' .
effect as
and shall
soon as practicable following approval
S. ::I
sunset no later than September 1, unless the
)
exclusive bargaining representatives and the State mutually
agree to the continuation thereof. This agreement shall be
construed to have retroactive effect if necessary to cover any
leaves granted prior to legislative approval and which began on
or after June" 1, 1991.
.,."
''?!
{.
B. Specific Provisions
1. Plan options
i. Leave of Absence Without Pay - duration between
one and twenty-four weeks. Employee shall return to same or
similar position upon expiration of the leave.
ii. Sporadic Days Off - pre-scheduled days off of
less than one week at a time.
iii. Work Schedule Reductions
Examples: (Based on 35 hr. work week)
4 day work week (20% reduction)
56175/14
: ~
4 7 1/2-hr. days/wk. (14.3% reduction)
4 8-hr. days/wk. (8.6% reduction)
9 days/pay period. (10% reduction)
half-time (e.g. mornings/afternoons) (50%
reduction)
iv. Education Leave - days off without pay to
participate in educational programs with availability of
tuition reimbursement assistance as provided for in collective
bargaining agreements.
v. other - any other mutually agreeable plan which
reduces State payroll costs. THE EMPLOYEE'S UNION
REPRESENTATIVE (IF APPLICABLE) MUST APPROVE ANY REQUESTS UNDER
THIS OPTION.
2. Modifications to Approved Applications - In the event
of a financial emergency, an employee who participates in the
program shall return to his/her regular work schedule as soon
as practicable.
C. Provisions Which Mav Conflict with Collective Bargaining
Agreements
The parties agree that certain benefits should continue to
accrUe to an employee who participates in this program,
notwithstanding contrary provisions which may exist within
their collective bargaining agreement. A statement of those
benefits is set forth herein:
56175/15
In order to
ai EO .e 6
\-
,
Effect on Benefits and status: An employee whose
application is approved under this program shall be entitled to
benefits as follows:
1. Health and Life Insurance - During the period of any
leave of absence, or work schedule reduction, approved in
accordance with the agreement, an employee's health and life
insurance shall continue on the same basis as prior to the
S:?
leave schedule modification.
insurance coverages during such leave, the employee shall

contribute that portion of the premiums the employee would have

been required to contribute had the employee remained an active
employee during the leave period.
2. Seniority - An employee shall receive any seniority
credit for time lost as a result of a reduced work schedule
time or a leave of absence under the agreement. Thus, an
employee participation in this program shall receive full
seniority credit and will not have seniority prorated.
,I
3 . vacation and sick Leave Accruals -
i. An employee on a reduced work schedule pursuant
to the agreement shall continue to accrue his/her vacation and
sick leave at the individual's rate of accrual prior to
participation in the program and shall not lose his/her accrual
of vacation and sick leave for any month of such schedule
modification.
56175/16
t
i
:,
",
ii. An employee who takes a leave of absence without
pay shall continue to accrue sick leave and vacation for up to
two months subject to any accrual ~ a x i m u m s in the employee's
collective bargaining agreement. An employee who takes a leave
of absence for more than two months will cease accruing
vacation and sick leave after the first two months. In order
to be eligible for payment for these accruals, an employee must
be reinstated from the leave for at least two months.
4. Holidays - Holiday benefits will be paid in accordance
with the employee's collective bargaining agreement based upon
the leave of absence, except that those on a reduced work
schedUle shall receive prorata credit for any holiday falling
on a day on which he/she is not scheduled to work as a direct
result of this program. In no event shall the number of hours
of holiday credit exceed that granted to a full-time employee
working a standard work schedule.
Examples:
i. Employee on leave of absence for month of July
receives no holiday credit for July 4.
ii. Employee reduces schedule to 4-day work week,
Monday - Thursday, receives full pay for holiday on Thursday,
July 4, (not to exceed the number of hours in a fUll-time day) .
iii. Employee reduces schedule to 4-day work week,
with Thursdays off, receives 80% holiday credit (recorded as
earned time) despite the fact that he/she was not scheduled to
work Thursdays.
56175/17
iv. Employee reduces schedule from 35 to 32
hours/week by increasing the daily hours scheduled from 7 to 8;
the holiday benefit cannot exceed 7 hours, equivalent to that
granted a full-time employee. Therefore:
a) if scheduled to work Thursday - receives 7
hours holiday pay for July 4 holiday and may supplement with 1
hour accrued vacation or receives 31 hours pay.
b) if scheduled off on Thursdays - receives
32/35 holiday credit (recorded as earned time).
NOTE: Some agencies will revert to the standard work
schedule during holiday weeks, in the same manner in
which they currently revert 4-day work
weeks.
f
..
..
I
l' w
'5. Workers' compensation - Benefits will continue to be
determined under Statutes.
longevity benefit without regard to the leave of absence or
section B.1.i. shall be paid in accordance with Regulation
(Payment to an employee on leave under
6. Longevity - An employee shall be entitled to the full
reduced work schedule.
)
5-213-1, if applicable.)
7. Working Test Period - An employee on a promotional
working test period will be required to successfully complete
the equivalent of a full-time working test period. (Employees
on an initial working test period are not eligible for the
program. )
8. Overtime - Payment shall continue in accordance with
the collective bargaining agreement or regulation (if

L
c
56175/18
applicable). Reduction hours will not be counted as time
worked in determining eligibility for overtime payments.
9. Pensions-
i. A member of Tier I who is granted a leave of
absence without pay under this program will be entitled to
purchase credit for each month of leave at the rate of five (5)
percent of his/her salary at the time leave is granted, plus
interest at five (5) percent per year.
ii. A member to Tier I who is granted a reduction in
work schedule under this program will be entitled to purchase
credit for a period equivalent to the reduction for each month
of the reduction at the rate of five (5) percent of his/her
salary at the time he/she applied for the credit.
iii. Time not worked under this program (under any
option) will not count towards vesting service under Tier 1
unless the employee is at least age sixty (60). For employees
under Tier II the time will count for both vesting and credited
service.
iv. A Tier II member is not required to contribute in
order to receive credit for time not worked under this program
except that hazardous duty members must make contributions
equal to four (4) percent of salary.
10. Miscellaneous Benefits
(a) Where existing collective bargaining agreement(s)
provide specific language on qualification for or prorating of
'.
56175/19
compensation items such as stipends and/or fringe benefits,
those contracts shall govern.
(b) In all other disputes involving contractual or
statutory benefits or stipends, employees shall be protected
from losses which are not specifically described in this
Agreement or the written voluntary leave agreements with the
Agency that are prepared pursuant to SectionA;4. of this
Agreement.
(c) In clarification of Section II, subsection 1 of
the SEBAC agreement, proration of the five hundred dollar
($500.00) addition to final average earnings shall only occur
for those employees holding part-time positions, not those with
reduced schedules pursuant to the voluntary leave agreement
between the parties.
5617S/20
ff ,.
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56175/21
APPENDIX B
UNIT AGREEMENTS
)
i
MEMORANDUM OF ~ G R E E H E N T
BETWEEN
THE STATE OF CONNECTICUT
CONNECTICUT EMPLOYEES UNION INDEPENDENT
MAINTENANCE AND SERVICE iNP-2) BARGAINING UNIT
In furtherance of the Agreement between the state of
Connecticut and the state Employee Bargaining Agent Coalition
("SEBAC"), the state of Connecticut (the "state") and Connecticut
Employees Union Independent (the "Union"), agree as follows:
1. The collective bargaining agreement (the ".contract")
between the state and the Union which is currently in force is
1994. The contract will be reopened January 2, 1993 for the
purpose of negotiating the amount of any general wage increase [
and effective date thereof for the last year of the agreement
(July 1, 1993 - June 30, 1994).
2. Other provisions of the
incorporated pursuant to the attached.
contract are revised and
3. In all other respects, the provisions of the contract
which were in effect during 1990-91 shall continue through June
30, 1994. Economic provisions not otherwise specifically
mentioned and increased, such as but hot limited to tuition
funds, conference funds, night shift differential and weekend
differential shall continue at the same rates as established for
the 1990-91 contract year.
4 .
The state and the union shall cooperate in expediting
five
union
(5) layoff or layoff related cases to arbitration.
"'S p 2ri
shall notify the State of the case.S selected by it
The
to be
heard as soon as practical. Each party reserves its full legal
rights with regard to any pending unresolved grievance or court
proceeding regarding layoffs, furloughs and shutdowns which are
not resolved by the Coalition Agreement or separate settlement
agreement between the parties.
5. In the event of any inconsistency or ambiguity between
this Memorandum and the provisions incorporated by reference with
respect to the general SEBAC Agreement relating to transfer or
job assignment, the provisions of the collective bargaining
agreement shall prevail and control.
6. For purposes of layoff (job security), any employee
transferring into the NP-2 unit shall only be entitled to
seniority based on the length of continuous. service within the
NP-2 bargaining unit.
7. The State and Union agree that discussions concerning
cross-agency transfer/job assignments under the Early Retirement
Program described in the concession agreement shall commence no
later than January 17, 1992. If, after thirty (30) days, the
state and the Union have not reached agreement, any unresolved
issues may be submitted by either party to binding interest
arbitration before Jeffrey Se1chik as the designated arbitrator.
- 2 -
IN WITNESS WHEREOF, the parties have executed the foregoing
Memoranda of Agreement and unit agreement this third day of
February, 1992.
STATE OF CONNECTICUT
By J:vl4&?< Vc4t:4W
Saranne. P. Murray ~
Negotiator for the State
UNION INDEPENDENT
Steven Pe
President
CONNECTICUT EMPLOYEES
JL
By
_r
,
TENTATIVE AGREEMENT
BETWEEN
THE STATE OF CONNECTICUT
- and -
CONNECTICUT EMPLOYEES UNION INDEPENDENT
MAINTENANCE AND SERVICE (NP-2) BARGAINING UNIT
July 1, 1991 - June 30, 1994
Article 1, Recognition
No change.
Article 2, Entire Agreement
No change.
Article 3, Non-Discrimination and Affirmative Action
No change.
Article 4, No Strikes-No Lockouts
No change.
Article 5, Management Rights
No change.
Article 6, Union security
No change.
Article 7, Union Rights
No, change.
Article 8, Personnel Records
No change.
Article 9, Service Ratings
No change.
Article 10, Training
Revise section Three, subsections (a),
read:
(b) and (c) (i) to
, -
(a) Tuition Reimbursement. The State shall allocate
fifty thousand dollars ($50,000) during each contract
year for employees to participate in the existing
tuition reimbursement program. Employees who
participate in qualifying education programs shall be
reimbursed up to maximum of ninety dollars ($90) per
credit for undergraduate courses and one hundred and
ten dollars ($110) per credit for graduate courses
taken at accredited institutions of higher education
for up to a total of eighteen (18) credits per year.
Where practicable the employer may adjust an
employee's work schedule so as to accommodate course
work related to employment.
(b) The State shall allocate forty-five thousand
dollars ($45,000) in each contract year for the
purpose of providing relevant education and training
to employees in conjunction with the Department of
Education or comparable programs. Implementation of
such programs shall be by mutual agreement of the
parties.
(c) Conference Fund. (i) Twenty-five thousand
dollars ($25,000) shall be allocated per contract year
to finance attendance at workshops, seminars or
conferences by employees, without loss of payor
benefits. No overtime will be paid nor will
compensatory time accrue for travel to or from such
activity or attendance at such activity. Such
workshops, seminars or conferences must be educational
and beneficial to the employee and the agency and
shall not include steward training. A maximum of four
hundred dollars ($400) shall be allotted for anyone
- ~ -
attendance and no employee will attend more than two
conferences, workshops or seminars per year of this
agreement. These funds shall be used for payment of
fees and/or travel expenses, including such items as
meals or lodging.
Delete former section Three, subsection (c) (ii) and
renumber remaining subsections accordingly.
No change in the remainder of this Article.
Article 11, Working Test Period
No change.
Article 12, Seniority
Add to section One:
For employees with more than six (6) months of State
service, seniority shall be bridged for any period of
continuous layoff if the employee is reemployed within
thirty-six (36) months.
Add to section. One:
For purposes of layoff (job security), an employee who
transfers into the NP-2 bargaining unit shall only be
entitled to seniority based on the length of
continuous service within the NP-2 bargaining unit.
No change in the remainder of this Article.
Article 13, Order of Layoff or Reemployment
No change.
A r t i c ~ e 14. Vacancies
No change.
Article 15, Transfers
No change.
- 3 -
) .
Article 16, Grievance Procedure
No change.
Article 17, Dismissal, suspension, Demotion and Other Discipline
No change.
, .
Article 18, Hours Work, Work Schedules and Overtime
Revise the first sentence of Section sixteen (d) to read:
(i) During the life of this Agreement, Section
5-245(b) (1) shall be deemed to exempt from overtime all
employees being paid above Salary Group 24, and those
unclassified positions which on June 30, 1977 were
deemed exempt positions. r

)
In Section sixteen (d) (iii), change Salary Group 20 to Salary
Group 24.
No change in the remainder of this Article.
Article 19, Safety
No change.
Article 20, compensation
Revise Section One to add new subsectons (e) and (f) as
follows:
(e) Effective June 26, 1992, the base annual salary for
all bargaining unit employees shall be increased by
five percent (5.0%).
(f) Effective May 14, 1993, the base annual salary for
all bargaining unit employees shall be increased by
four and one-half percent (4.5%).
Revise Section Two to read:
Anniversary (annual increments) shall not be
paid for the contract year. Effective with the
- 4 -
.
l'
1
contract year employees shall continue to
receive anniversary increases (annual increments) in
accordance with existing practice.
Revise Section Four to read:
The eighth step added to the salary schedule in
1987-1988 shall continue under this Agreement.
Effective July 13, 1990, the eighth step shall be two
and one-half percent (2.5%) higher than the seventh step
in each contract year salary schedule.
No change in the remainder of this Article.
Article 21. Group Health Insurance
No change.
Article 22. Longevity
)
No change.
Article 23. Shift and Salary Differentials
l\
Revise Section One to read:
Employees in Salary Group 19 and below whose jobs are
regularly assigned to shifts beginning before 6:00 a.m.
or after 2:00 p.m., or to "split shifts", or to extended
shifts of more than ten (10) hours, shall be entitled to
shift differential payment in the amount of sixty-five
cents ($.65) for shift
differential tied to the shift, not to the
individual's work when an employee
works on any meets the
criteria set forth above, the emp.loyee is entitled to
the shift differential
'S.\'- 00
payment is to be made whether the employee works a
regular shift or an overtime shift, provided the shift
meets the eligibility criteria. Payment shall be made
for all hours worked during the eligible shift.
Add new paragraph to Section One:
The following classifications will continue to be
eligible for shift differential payments after OJE
implementation:
- 5 -
)
Assistant Supervisor, Central Warehouse
Boat captain
Building Superintendent J
Farm Manager "'" .
Farm Supervisor
Laundry supervisor 3 F/V
Maintenance Supervisor I (Elect) (HVAC) (Plumber)
Maintenance Supervisor II (Adaptive Med.) (Auto)
(Carpentry) (General)' (Grounds) (Locksmith)
(Machine Shop) (Masonry) Eq',1ipmeflt)
(Office) (Painting) (Tinsmith) K:.. Sf"
Maintenance Sl}pervisor II (Electrical) (HVAC) (Plumbing)
Lead sawye.{;.!:m.- Sf. '
Supervisor ,Transportation Operats.E'o("\S Jro J.P
Transportation Machine Shop supervisor
Transportation Supervisor (Bridge) (Highway)
Transportation Garage Supervisor
Classes under appeal or in existence on January 13, 1989
which have not received an evaluation shall remain
eligible for shift differential payments if they are
currently eligible, regardless of the results of the
appeal or evaluation.
Delete section Four and renumber sections accordingly.
Revise section Five, subsection (d) to read:
The weekend differential shall be forty cents ($.40) per
hour.
Revise section six to read:
Employees, other than those employed by the Department
of Transportation, who are required to supervise or
train inmates and such is not a function within their
job specification shall be paid a differential of sixty
cents ($.60) per hour for each hour actually worked in
such assignment and not while an employee is on leave of
any nature.
Revise section Seven to read:
(a) The extra compensation provided under Item No.
425-Q involving employees who work in freezer storage
areas shall be sixty cents ($.60) per hour.
- 6 -
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(b) The extra compensation paid to Department of
Transportation employees with fire and crash standby
assignments at airports shall be seventy cents ($.70)
per hour.
No change in the remainder of this Article.
Article 24, Retirement
No change.
Article 25, Class Reevaluations
No change.
Article 26, Temporary Service in a Higher Class
No change.
Article 27, Permanent Part-Time Employees
Revise section Tvo, subsection (g) to read:
(g) Article 19 - Safety. section 4: Permanent
part-time less than twenty (20) hours per week employees
required to wear safety shoes shall receive fifty-five
dollars ($55.00) "for the purchase of such shoes at the
time of hire and bi-annually thereafter on or about July
15.
No change in the remainder of this Article.
Article 28, Vacations
No change.
Article 29, sick Leave
No change.
Article 30, Personal Leave
No change.
- 7 -
)
)
Article 31. Leave Balances
No change.
Article 32. Paid Leave Conversions
No change.
Article 33, Holidays
No change.
Article 34. civil Leave and Jury Duty
No change.
Article 35. Military Leave
No change.
Article 36. Pregnancy. Maternal and Parental Leave
No change.
Article 37, Voluntary Leave of Absence
No change.
Article 38, Workers' Compensation
-
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i
No change.
Article 39, Transfer or
No change.
-%r <;.-R
Termination \jue to Infirmities

Article 40, Due to
No change.
- 8 -
Emergency
Article 41, Meals
No change.
Article 42, Meal Policy
Revise section Two to read:
At State agencies possessing dining facilities, meals
will be supplied to the employee at no cost. At State
agencies without dining facilities, the following
procedures and schedule of maximum meal allowance will
apply:
6:00 a.m.
Noon
6:00 p.m.
Breakfast
Lunch
Dinner
$ 4.50
$ 6.55
$10.60
The above schedule shall remain in effect for the
lifetime of the contract unless adjusted by mutual
agreement of the State and the Union. Meals will
normally be granted no later than two (2) hours of the
designated meal times depending upon conditions.
No change in the remainder of this Article.
Article 43, Housing
No change.
Article 44, Maintenance and Service Unit Work
No change.
Article 45, Job Classifications
'No change.
Article 46. Uniforms and Equipment
No change.
- 9 -
Or )
Article 47, Tolls and Toll Collections
No change.
Article 48, Toll Uniforms
No change.
Article 49. Snow and Ice Assignments
No change.
with a Snow and Ice
sy-'a'Q .
No change.
Article 50, Availability otEmployees
Assignment during Off-Duty Hours
Article 51, Truck Assignments
No change.
Bargaining unit employees designated by the employer as
having a snow and ice control or removal assignment
shall be paid a premiUlll of seventy cents ($ .70) for each
hour actually worked on snow and ice control or removal,
other than during the regular shift schedule.
Premium pay will be authorized under the above
conditions from November 1 through April 30 of each year
for the life of the contract.
Revise to read:
Article 53. Snow and Ice Premium Pay
Article 52, Rest
No change.
SF ~
Periods during Extended Work or Operations
I
f
I
This premium pay will not be used in computing overtime
payment.
r
,
- 19 -
Breakfast
*Lunch
Dinner
Miscellaneous
*Lodging
Article 54, Exclusion from Hazardous Assignment
No change.
Article 55, Vehicle Assignments/Phone Calls
No change.
Article 56, Deferred Compensation
No change.
Article 57, Employee Expenses
Revise Section Two, subsection Cal to read:
P .
S A 4T ., d
Cal employee who to travel on employer
business shall be reimbursed at the following rates:
$5.00
$7.00
$16.00 On Ocr
$4.00
Up to the maximu as
provided by the State
Comptroller's listing.
An employee who is required to remain away from home
overnight in order to perform the regular duties of
his/her position may be reimbursed for lodging expenses
in accordance with the Standard State Travel Regulations
issued by the Commissioner of Administrative Services.
Advance approval must be obtained, except in emergencies.
sP Jiro
*Applicable to out-of-$tate travel or when authorized in
accordance with the Standard State Travel Regulations.
No change in remainder of this Article.
Article 58, Damage to Personal Property
Revise the first paragraph to read:
The employer agrees to facilitate the expeditious
processing of claims for lost or damaged property to the
Claims Commissioner. Eyeglass trames and lenses shall
11
'.
be replaced in kind, if possible, or by items of equal
value. The employer will reimburse an employee for
jewelry damaged in the performance of duty up to a
maximum of seventy-five dollars ($75.00).
No change in the remainder of this Article.
Article 59, Volunteer Fire or Ambulance Duty
No change.
Article 60, Miscellaneous
No change.
Article 61, Indemnification
No change.
Article 62, Supersedence
No change.
Article 63, Legislative Action
No change.
Article 64, Savings Clause
No change.
Article 65, Duration of Agreement
Revise to read:
The Agreement shall be effective on JUly I, 1991 and
shall expire on June 30, 1994.
L ..
The provisions of this Agreement having an economic r:
impact shall be applied retroactively to July I, 1991 L.
unless the provision specifically states otherwise.
- 12 -
17445
This Agreement shall be reopened for the purpose of
negotiating the amount of any general wage increase and
the effective date thereof for the final year of this
Agreement (1993-94).
Negotiations for the reopener and for the successor to
this Agreement shall commence with the timetable
established under Connecticut General statute, Section
S-276a.(a). The request to commence negotiations shall
be in writing, sent certified mail, by the requesting
party to the other party.
- 13 -
) >
MEMORAlIDUM OF AGREEMENT
BETWEEN
THE STATE OF CONNECTICUT
CONNECTICUT EMPLOYEES UNION INDEPENDENT
MAINTENANCE AND SERVICE (NP-2) BARGAINING UNIT
In full and final resolution of the implementation of the
Objective Job Evaluation results at the Connecticut
Agricultural Experiment Station ("CAES"), the state of
Connecticut and the Connecticut Employees Union "Independent"
r
hereby agree to the following:
1. The following classes at the CAES will be assigned to
pay groups as follows:
Notwithstanding the above, all individuals employed at
OY\ .
as :f October 18, 1991, by the
)

the CAES
Agricultural Research Aide 1
Agricultural Research Aide 2
Agricultural Research Aide 3
SG 7
SG 9-11
SG 14-15
I
I
round-up method as follows:
Agricultural Research Aide 1 -- SG 7 retroactive
to 1/13/90
Agricultural Research Aide 2 -- SG 8 retroactive
to 1/13/89
SG 10 retroactive
to 1/13/90
..
Agricultural Research Aide 3 -- SG 13 retroactive
to 1/13/89
SG 15 retroactive
to 1/13/90
These upgradings shall also be granted to current employees
of the CAES who have left the NP-2 bargaining unit, but remain
employed in state service. No retroactive payments shall be
made to any individual who is not a current employee of the
CAES or who remained in State service.
3. Employees currently classified as Agricultural
Research Aide 2 shall, upon promotion to
Aide 3, advance to the appropriate step of SG15.
shall be by traditional, rather than round-up method.
4. Upon approval and signing of this Agreement, the
arbitration concerning this matter shall be withdrawn and
considered settled.
CONNECTICUT EMPLOYEES UNION
INDEPENDENT
By _
Date
1695S/62-63
STATE OF CONNECTICUT
By _
Date
)
)
MEMORANDUM OF AGREEMENT
BETWEEN
THE STATE OF CONNECTICUT
AND
CONNECTICUT EMPLOYEES UNION INDEPENDENT
MAINTENANCE AND SERVICE (NP-2) BARGAINING UNIT
In full and final resolution of all disputes between the
State of Connecticut (the "State") and the Connecticut
Employees Union Independent (the "Union"), concerning the
duties and pay rates for the classifications of Maintainer 1-2
and Maintainer 2-3 and for employees assigned to work with
those in said classifications, the State and the Union hereby
agree to the following:
1. Effective December 27, 1991, incumbents in the
classification of Maintainer 1-2 shall be upgraded to Salary
Grade 10 by the round-up method, and incumbents in the
classification of Maintainer 2-3 shall be upgraded to Salary
Grade 12 by the round-up method.
2. It is understood that the upgradings referenced in
item 1 apply only to current employees. Whenever a position in
the classification of Maintainer 1-2 becomes vacant, it may, in
the State's sole discretion, be downgraded. Whenever a
position in the classification ot Maintainer 2-3 becomes
vacant, it may, in the State's sole discretion, be downgraded.
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3. The Union agrees to withdraw all grievances,
arbitrations, prohibited practice charges, and other claims
pending concerning the classifications of Maintainer 1-2 and
Maintainer 2-3, including claims, if any, by employees assigned
to work with those in said classifications. The Union further
agrees that no new claims shall be filed concerning these
matters.
CONNECTICUT EMPLOYEES UNION
INDEPENDENT
By _
Date
16955/64-65
STATE OF CONNECTICUT
By _
Date
IN WITNESS WHEREOF, the parties have executed the foregoing
Memoranda of Agreement and unit agreement this ~ h i r d day of
February, 1992.
STATE OF CONNECTICUT
By
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CONNECTICUT EMPLOYEES UNION INDEPENDENT
By
Steven Perruccio
President
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MEMORANDUM OF AGREEMENT
This Agreement is 'made by and between the Protective
Services Employees Coalition, IUPAjIAFF, AFL-CIO ("Union")
designated as exclusive bargaining representative under the
State Employee Collective Bargaining Act, Conn. Gen. Stat.
S-Z70 et seq. ("the Act"), and the State of Connecticut
Executive Branch (the "State"), including those subdivisions
thereof which bargain as separate employers under the Act whose
units are covered by this Agreement, for the following
bargaining units:
Protective services
I. LAYOFFS iUlD FURLOUGHS
1. May and June Layoffs
An employee who was laid off effective May 30, 1991,
and who elected to retire effective June 1, 1991, and an
employee who was laid off effective June 13, 1991 and who
elected to retire effective July 1, 1991, shall be deemed to
have made a direct transition from State employment to
retirement status and thus be eligible for life insurance
pursuant to Conn. G ~ n . Stat. S-ZS7(d), partial sick leave
payment pursuant to Conn. Gen. Stat. S-Z47(a), and prorated
longevity 'pay pursuant to Conn. Gen. Stat. S-Z13(b). The
statutory provisions referenced herein are those of the General
Statutes revised'to 1991.
2. October 1991 Expense Reduction Plan
a. Each employee laid off pursuant to the october
1991 ERP shall be offered reinstatement, without back payor
benefits, to the position held prior to layoff. Reinstatements
shall be effective January 10, 1992. No employee who would
otherwise have qualified for an" annual increment, lump sum
payment or equivalent shall be denied payment as a result of
being on layoff between October 1, and January 10. The terms
of reinstatement shall be in accordance with paragraph 5
below. The Unions agree that any and all grievances,
arbitrations, prohibited practice charges, lawsuits and other
claims concerning such layoffs shall be withdrawn, and that no
other claims concerning these layoffs shall be filed or
pursued.
b. Each bargaining unit shall select one of the
following options concerning the ERP furloughs.
I. For units Which have no furlough days as part of
their concessions:
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A. No payment for furloughs; no withdrawal of
claims;
- OR -
B. Individual employee election of:
56445/25
1.
2.
One-half pay and all claims withdrawn or
Full pay, with days deducted from the
employee's accrued vacation.
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II.
III.
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For units which have a sufficient number of
furlough days as part of their concessions, all
of the ERP furlough days shall be credited or
applied to the furlough day obligation.
For units which do not have a sufficient number
of furlough days as part of their concessions,
all of the ERP furlough days shall be credited or
applied to the furlough day obligation and the
excess shall be in accordance with the unit
election as set forth in IA or B above.
Each unit shall make its election by December 31, 1991,
in writing, to the Office of Labor Relations. For any election
which calls for withdrawal of claims, all grievances,
arbitrations, prohibited practice charges, lawsuits and other
claims concernining unpaid time under the ERP shall be
withdrawn and no other claims concerning same shall be filed or
pursued.
3. There shall be no additional layoffs which result in
loss of employment during 1991-92. In the event that
programmatic changes require additional position eliminations,
every. effort shall be made to effect such reductions by
attrition. If attrition is insufficient, the State and the
Unions shall cooperate in effecting transfer or reassignment,
within a reasonable commuting distance, and/or. retraining of
affected employees. This provision is SUbject to modification
in unit agreements.
56445/26
4. The above shall not apply to grant or federally
funded positions eliminated or reduced due to loss of or
reduction in funding, or to appointments with termination or
end dates. Nor shall this Agreement prevent giving notices of
layoff or nonrenewal during 1991-92 for actions to be effective
in subsequent year(s), unless expressly provided to the
contrary in a unit agreeJllent ..
Further, notwithstanding the above, if any
employee(s) is/are reinstated prior to July 1, 1992 as a result
of a grievance, arbitration, prohibited practice charge,
lawsuit or other claim over layoffs/bumping:
(a) If the reinstateJllent is ordered due to
improper selection the state shall have the
right to layoff the employee(s) who should have been selected.
(b) If the reinstatement results from a finding
of improper sUbcontracting, the state and the Union shall
reopen negotiations for the purpose of discussing means of
achieving savings needed through June 3D, 1992, if any, to
accommodate that reinstatement.
. 5. Reinstatement from Layoff
a. Any employee who is reinstated from layoff
pursuant to the terms of this Agreement shall, upon
reinstatement, have restored to him/her the accumulated sick
leave balance which was in effect as of the date of layoff.
b. Any employee who is reinstated from layoff in
accordance with the provisions of this AgreeJllent shall be
56445/27
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eligible to re-enroll in the same level of group life insurance
purchased as of the time of layoff, without the waiting period
required for new enrollments pursuant to Conn. Gen. stat.
55-257.
c. An employee who is reinstated pursuant to the
terms of this Agreement and who is a member of the Tier I
retirement system shall not be eligible for any refund of
contributions based on his/her layoff. Any such employee who
accepts the state's offerof re-employment shall rescind any
pending request for a refund of retirement contributions. If
such refund has already been processed, the employee shall
repay the full amount to the state Retirement system.
d. Any employee who is reinstated from layoff
pursuant to the terms of this Agreement, and who was enrolled
in a state group health insurance plan as of the time of
his/her layoff shall be reinstated to. the same plan effective
as soon as possible, sUbject to rules and procedures of the
Comptroller's office. The state shall cooperate in ensuring
that, upon enrollment, no employee shall be denied coverage for
a previously covered preexisting condition which occurred after
layoff and prior to reenrollment.
e. Any employee who is reinstated from layoff
pursuant to the terms of this Agreement shall have the option
to purchase vacation time for which he/she received a lump sum
payment at the time of layoff, in accordance with the following:
56445/28
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(1) The employee shall be required to make a
written election to purchase vacation, on a form provided by
the State. Such election must be made not later than one week
following the date of reinstatement, and submitted to the
employee's agency personnel office.
(2) The agency shall inform the employee of the
payment amount required. The payment amount required shall be
the gross wages paid less deductions for retirement
contributions, FICA and income tax withholding. (Adjustments
for these items shall be made by the state.)
(3) Payment due must be made, by the employee to
the agency not later than one week following the date of
notification of the amount due.
The State shall cooperate in providing information to the
Labor Department for any employee who purchases vacation and
seeks an adjustment in his/her unemployment compensation.
f. An employee who is offered reinstatement pursuant
to the terms of this Agreement and who declines shall retain
his/her reemployment rights under the applicable collective
b a r g a ~ n i n g agreement. The State shall not challenge the
receipt of unemployment benefits by an employee who remains on
layoff.
g. Employees who are reinstated to their original
classifications as a result of the reinstatement from layoff or
bumping under this Agreement shall have_their seniority in the
former class restored and bridged upon reemployment.
5644S/29
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II. WAGES AND WAGE RELATED SAVINGS
1. Collective Baraaining Increases. Wage increases and
modifications thereof shall be implemented in accordance with
the terms of the unit agreement attached hereto.
2. Annual Increments. Merit and Equivalent Increases.
All employees shall forego one annual increment, lump
sum payment and/or equivalent as provided in the unit agreement
attached hereto.
3. Pension Protection. Any employee who retires from
State service, under the State Employees' Retirement System
("SERS") or the Teachers' Retirement System ("TRS"), during the
period from July 1, 1991 through June 30, 1994, and who, for
the purposes of pension calCUlation, utilizes any or all of the
1991-92 .or 1992-93 contract years for the purPose of
calCUlating his/her final average earnings, shall be entitled
to include the wage increases which would have been paid had
the provisions of the unit agreement not been implemented.
Any employee who would have received an annual increment
in 1992 had the provisions of the unit agreement not been
implemented, and who retires from Stateservice under the State
E m p l ~ y e e s l Retirement system ("SERS") or the Teachers'
Retirement System (nTRS"), during the period from July 1, 1991
through June 30, 1994, and who, for the purposes of pension
calCUlation, utilizes 1991-92 and/or 1992-93 contract year
earnings for the purpose of calculating his/her final average
earnings, shall be entitled to include the sum of five hundred
5644S/30
dollars ($500.00) (prorated for service) in his/her
final average earnings.
Any employee who benefits from this item 3 shall be
required to make the applicable employee contributions on the
amount of imputed wage increases for which he/she is receiving
the benefit. For example, an employee in Tier I of the SERS
shall be required to pay two percent (2%) (five percent if in
Plan A) on the increase in his/her final average earnings which
results from the application of this section.
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4. Furloughs. credit for furlough days for purposes
of pension, longevity, leave accruals and other benefits shall
be treated in the same manner as leave under the Voluntary
Leave section of this Agreement.
5. objective Job Evaluation. Except as may be provided
in unit agreeements, the provisions of this section shall not
affect implementation of objective job evaluation studies
according to existing contracts.
III. WORKERS' COMPENSATION
1. There shall be an expansion of the "safety committee"
concept to additional facilities on a trial basis.
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programs.
The parties shall jointly develop fraud avoidance
IV. LABOR-MANAGEMENT COMMITTEES
1. There will be pilot labor-management committee
projects at three state agencies The agencies selected for
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those pilot projects shall be named by the Governor, after
consultation with representatives of SEBAC, within thirty (30)
days of legislative ratification of this Agreement.
2. Each labor-management committee shall include
approximately equal numbers of representatives of the employer
and the unions which represent employees at the agency.
3. The discussion topics for these labor-management
committees will be focused on issues of economy and efficiency
of operation.
4. The committees will make recommendations, with
implementation at the discretion of the state. Nothing done by
the committees shall be used as a .basis for demanding mid-term
bargaining, nor shall the discussions be used by either party
in any pending or future proceedings in any forum, including
but not limited to grievance and interest arbitrations.
V. VOLUNTARY LEAVES AND SCHEDULE MODIFICATIONS
~ . Upon request of any employee, or group thereof, and
agreement of the appointing authority, a schedule modification
56445/32
which reduces the work week or provides enhanced coverage or
efficiency, or a voluntary leave of absence may be granted.
employee who is granted reduced hours or a leave of absence
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shall have his/her pay reduced accordingly.
2. Approval of any such request, except as may already
be provided in unit contract language, shall be at the sole
discretion of the agency, and the grant or denial thereof shall
not be the subject of or the basis for a collateral attack or
grievance review.
3. The agency shall notify the bargaining agent of any
agreements reached or leaves granted hereunder.
4. Unpaid leave or reduced hours shall not be granted
wherein the employee would fall below the unit threshold for
health insurance benefits. The employer shall notify the
employee in writing, prior to final agreement, If any such
schedule modifications would impact the accrual of leave time,
or sundry benefits.
5. Voluntary leaves undertaken as a result of these
provisions shall not operate to interrupt the continuous
employment status of the participant.
6. The willingness of the parties to agree to this
. provision as a part of the overall settlement shall be without
prejudice, and shall have no value as precedent.
7. This provision, as well as any leaves and schedule
modifications granted pursuant to this provision, shall sunset
no later than September 1, 1993, unless the appropriate parties
56445/33
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mutually agree to the continuation thereof.
8. Further provisions pertaining to this program are
detailed in Appendix A.
VI. UNIT AGREEMENTS
The state and the Union have reached a tentative
agreement to modify the collective bargaining agreement and
implement wage changes and other means of savings as
specifically set forth in the unit agreement attached hereto as
Appendix B;
VII. GENERAL PROVISIONS
1. Those provisions of this Agreement, if any, which
modify the Pension Agreement between the state and SEBAC or
Which affect pension and health insurance issues are sUbject to
ratification by SEBAC.
2. Those provisions of this Agreement which modify
and/or extend the collective bargaining agreement have been
ratified by the bargaining unit in accordance with applicable
rules and procedures of the exclusive bargaining representative .
. 3. This Agreement is subject to ratification by the
General Assembly.
4. Except as otherwise provided in this Agreement or an
Appendix, disputes over the application of this provisions of
this Agreement shall be resolved through discussion between the
parties.
5644S/34
APPENDIX A
VOLUNTARY LEAVE AND SCHEDULE REDUCTION PROGRAM
A. General Provisions
~ . Upon request of any employee, or group thereof, and
agreement of the appointing authority, a sqhedule modification
which reduces the work week, or provides enhanced coverage or
efficiency, or a voluntary leave of absence may be granted. An
employee who is granted reduced hours, or a leave of absence,
shall have his/her pay reduced accordingly.
2. Approval of any such request, except as may already. be
provided in unit contract language, shall be at the sole
discretion of the agency and the grant or denial thereof shall
not be the subject of, or the basis for, a collateral attack,
or grievance review.
3. The agency shall notify the bargaining agent of any
agreements reached, or leaves granted, hereunder.
4. Unpaid leave, or reduced hours, shall not be granted
Wherein the employee would fall below the unit threshold for
health insurance benefits. The employer shall notify the
employee in writing, prior to final agreement, if any such
schedule modifications would impact the accrual of leave time,
or sundry. benefits. Any reduction in hours, or leave of
absence, pursuant to this program shall not affect the
bargaining unit status or the employee participating in the
program.
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5. Voluntary leaves undertaken as a result of these
provisions shall not operate to interrupt the continuous
employment status of the participant.
6. The willingness of other parties to agree to this
provision as apart of the overall settlement shall be without
prejUdice and shall have no value as precedent.
7. This Agreement, as well as any leaves and schedule
modifications granted pursuant to this Agreement, shall take
effect as soon as'practicable following legislative approval
and shall sunset no later than September .1, 1992, unless the
exclusive bargaining representatives and the State mutually
agree to the continuation thereof. This agreement shall be
construed to have retroactive effect if necessary to cover any
leaves granted prior to legislative approval and which began on
or after June 1, 1991.
B. Specific Provisions
1. Plan Options
i. Leave of Absence Without Pay - duration between
one and twenty-four weeks. Employee shall return to same or
similar position upon expiration of the leave.
ii. Sporadic Days Off - pre-scheduled days off of
less than one week at a time.
iii. Work Schedule Reductions
Examples: (Based on 35 hr. work week)
4 day work week (20% reduction)
5644S/37
4 7 1/2-hr. days/wk. (14.3% reduction)
4 8-hr. days/wk. (8.6% reduction)
9 days/pay period. (10% reduction)
.half-time (e.g. mornings/afternoons) (50%
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iv. Education Leave - days off without pay to
participate in educational programs with availability of
tuition reimbursement assistance as' provided for in collective
bargaining agreements.
other -. any other mutually agreeable plan which
reduces state payroll costs. THE EMPLOYEE'S UNION
REPRESENTATIVE (IF APPLICABLE) MUST APPROVE ANY REQUESTS UNDER
THIS OPTION.
2. Modifications to Approved Applications - In the event
of a financial emergency, an employee who participates in the
program shall return to his/her regular work schedule as soon
as practicable.
C. Provisions Which May Conflict with Collective Bargaining
Agreements
The parties agree that certain benefits should continue to
accrue to an employee who participates in this program,
notwithstanding contrary provisions Which may exist within
their collective bargaining agreement. A statement of those
benefits is set forth herein:
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Effect on Benefits and status: An employee whose
application is approved under this program shall be entitled to
benefits as follows:
1. Health.and Life Insurance - During the period of any
leave of absence, or work schedule reduction, approved in
accordance with the agreement, an employee's health and life
insurance shall continue on the same basis as prior to the
leave of schedule modification. In order to continue these
insurance coverages during such leave, the employee shall
contribute that portion of the premiums the employee would have
been required to contribute had the employee remained an active
employee during the leave period.
2. Seniority - An employee shall receive any seniority
credit for time lost 'as a result of a reduced work schedule
time or a leave of absence under the agreement. Thus, an
employee participation in this program shall receive full
seniority credit and will not have seniority prorated.
3. vacation and sick Leave Accruals -
i. An employee on a reduced work schedule pursuant
to the agreement shall continue to accrue his/her vacation and
sick leave at the individual's rate of accrual prior to
participation in the program and shall not lose his/her accrual
of vacation and sick leave for any month of such schedule
modification.
5644S/39
ii. An employee who takes a leave of absence without
pay shall continue to accrue sick leave and vacation for up to
two months sUbject to any accrual maximums in the employee's
collective bargaining agreement. An employee who takes a leave
of absence for more than two months will cease accruing
vacation and sick leave after the first two months. In order
to be eligible for payment for these accruals, an employee must
be reinstated from the leave for at least two months.
4. Holidays - Holiday benefits will be paid in accordance
with the employee's collective bargaining agreement based upon
the leave of absence, except that those on a reduced work
schedule shall receive prorata credit for any holiday falling
on a day on which he/she is not scheduled to work as a direct
result of this program. In no event shall the number of hours
of holiday credit exceed that granted to a full-time employee
working a standard work schedule.
Examples:
i. Employee on leave of absence for month of July
receives no holiday credit for July 4.
ii. Employee reduces schedule to 4-day work week,
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Monday Thursday, receives full pay for holiday on Thursday,
July 4, (not to exceed the number of hours in a fUll-time day).
iii. Employee reduces schedule to 4-day work week,
with Thursdays off, receives 80% holiday credit (recorded as
earned time) despite the fact that he/she was not scheduled to
work Thursdays.
56445/40
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iv. Employee reduces schedule from 35 to 32
hours/week by increasing the daily hours scheduled from 7 to 8;
the holiday benefit cannot exceed 7 hours, equivalent to that
granted a full-time employee. Therefore:
a) if scheduled to work Thursday receives 7
hours holiday pay for July 4 holiday and may supplement with 1
hour accrued vacation or receives 31 hours pay.
b) if scheduled off on Thursdays - receives
32/35 holiday credit (recorded as earned time).
NOTE: Some agencies will revert to the standard work
schedule during holiday weeks, in the same manner in
which they currently revert fUll-time, 4-day work
weeks.
5. Workers' Compensation - Benefits will continue to be
determined under Statutes.
6. Longevity - An employee shall be entitled to the full
longevity benefit without regard to the leave of absence or
reduced work schedule. (payment to an employee on leave under
section B.1.i. shall be paid in accordance with Regulation
5-213-1, if applicable.)
7. Working Test Period - An employee on a promotional
working test period will be required to successfully complete
the equivalent of a full-time working test period. (Employees
on an initial working test period are not eligible for the
program. )
8. Overtime - Payment shall continue in accordance with
the collective bargaining agreement or regulation (if
56445/41
applicable). Reduction hours will not be counted as time
worked in determining eligibility for overtime payments.
9. Pensions-
i. A member of Tier I who is granted a leave of
absence without pay under this program will be entitled to
purchase credit for each month of leave at the rate of five (5)
percent of his/her salary at the time leave is granted, plus
interest at five (5) percent per year.
ii. A member to Tier I who is granted a reduction in
work schedule under this program will be entitled to purchase
credit for a period equivalent to the reduction for each month
of the reduction at the rate of five (5) percent of his/her
salary at the time he/she applied for the credit.
iii. Time not worked under this program (under any
option) will not count towards vesting service under Tier . ~
unless the employee is at least age sixty ( 6 0 ) . ~ For employees
under Tier II the time will count for both vesting and credited
service.
iv. A Tier II member is not required to contribute in
order. to receive credit for time not worked under this program
except that hazardous duty members must make contributions
equal to four (4) percent of salary.
~ O . Miscellaneous Benefits
(a) Where existing collective bargaining agreement(s)
provide specific language on qualification for or prorating of
56445/42
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compensation items such as stipends and/or fringe benefits,
those contracts shall govern.
(b) In all other disputes involving contractual or
statutory benefits or stipends, employees shall be protected
from losses which are not specifically described in this
Agreement or the written voluntary leave agreements with the
Agency that are prepared pursuant to section A.4. of this
Agreement.
(cl In clarification of Section II, sUbsection ~ of
the SEBAC agreement, proration of the five hundred dollar
($500.00) addition to final average earnings shall only occur
for those employees holding part-time positions, not those with
reduced schedules pursuant to the voluntary leave agreement
between the parties.
56445/43
APPENDIX B
UNIT AGREEMENT
STATE OF CONNECTICUT
AND
THE PROTECTIVE SERVICES EMPLOYEES COALITION,
IUPA/IAFF, AFL-CIO
PROTECTIVE SERVICES (NP-5) BARGAINING UNIT
The state of Connecticut (the "state") and The Protective
Services Employees Coalition, IUPAIIAFF, AFL-CIO (the "Union"),
agree as follows:
l. The collective bargaining agreement between the state
and the Union which is currently in force is hereby extended to
June 30, 1994. The contract is therefore revised to provide
for an expiration date of June 30, 1994.
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2. Article 20, section One of the contract between the
state and the Union is deleted and the following substituted inl
lieu thereof:
Effective July l3, 1990, the base annual salary for
all employees shall be increased by four percent
(4.0%)
5644S/44
Effective July l2, 1991, the base annual salary for
all employees shall be increased by five percent
(5.0%)
Effective December l3, 1991, the base annual salary
for all employees shall be decreased by three percent
(3 percent). Effective July lO, 1992, the three
percent (3%) increase shall be restored.
Effective May l4, 1993, the base annual salary for all
employees shall be increased by four and one-half
percent (4.5%).
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This agreement shall be reopened for the purpose of
negotiating the amount of any general wage increase
and the effective date thereof for the final year of
the agreement (1993-94).
3. Article 20, section Two, paragraph 1 of the contract
between the State and the Union is revised to read:
Annual Increments. Annual increments will not be paid
for the calendar year 1992. Prior thereto and
recommencing with the January 1993 annual increment,
employees will continue to be eligible for and receive
annual increments during the term of this Agreement in
accordance with existing practice.
4. Furloughs. Each bargaining unit member shall take two
(2) furlough days (the equivalent of two days of pay) during
the 1991-92 fiscal year. An employee who cannot be furloughed
due to operational requirements shall forego holiday pay. In
the event that neither furlough time nor holiday pay is
available, the parties shall cooperate in finding another means
of having the employee forego the equivalent of two days of
pay. Employees may credit the furlough days taken as a result
of the October Expense Reduction Plan towards the two (2)
furlough days. Credit-for furlough days for purposes of
pension, longevity, leave accruals and other benefits shall be
treated in the same manner as leave under the Voluntary Leave
section of this Agreement.
An employee who was laid off and reinstated effective
January 10, 1992 shall have his/her ERP furlough days counted
toward the two (2) required furlough days. Such employee
5644S/45
shall not be required to serve any additional, furlough days for F
the balance of the 1991-92 fiscal year.
5. The contract is amended to provide four (4) weeks
notice of layoff.
6. For the period through June '30, 1992, work schedule
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modifications which would result in a reduction in scheduled
hours shall not be made without the concurrence of the Union.
7. An employee who has aChieved permanent status in a
classification which requires maintenance of police powers and
who is sUbject to involuntary transfer or reassignment pursuant
to the provisions of the Early Retirement Incentive provisions
of the 5EBAC agreement shall either:
1) not be involuntarily transferred/reassigned if not
granted police powers for the new assignment, or
2) be granted police powers for the new assignment.
8. In all other" respects, the provisions of the 1990-1993
contract remain in effect. Economic provisions such as, but
not limited to, tuition funds, conference funds, night shift
differential and weekend differential shall continue in 1993-94
56445/46
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agrees that, if there is any further upgrading reSUlting from
OJE, it shall only be retroactive to December 29, 1989 and not
January 15, 1988. No employee will be placed at a higher step
effective December 29, 1989 due to the split retroactivity than
he/she would have had without the split retroactivity.
10. This Agreement is SUbject to approval by the General
Assembly.
56445/47
IN WITNESS WHEREOF, the parties have executed the foregoing
Memorandum of Agreement and unit agreement this third day of
February, 1992.
STATE OF CONNECTICUT
By
safanne P. Murray
Negotiator for the Stat
PROTECTIVE SERVICES EMPLOYEES COALITION
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MEHORANDml OF IIGREEHENT
This Agreement is made by and between the Connecticut State
Employees Association, ("Union"), which is designated as an
exclusive bargaining representative under the state Employee
Collective Bargaining Act, Conn. Gen. Stat. SS-270 et seq.
(lithe Act"), and the State of Connecticut Executive Branch (the
"State"), for the following bargaining units:
Education Administrators (P-3A)
Education Instructors (P-3B)
Engineering & scientific Employees (P-4)
I. LAYOFFS AND FURLOUGHS
1. May and June Layoffs
An employee who was laid off effective May 30, 1991,
and who elected to retire effective June 1, 1991, and an
employee who was laid off effective June 13, 1991 and who
elected to retire effective July 1, 1991, shall be deemed to
have made.a direct transition from State employment to
retirement status and thus be eligible for life insurance
pursuant to Conn. Gen. Stat. S5-2S7(d), partial sick leave
payment pursuant to Conn. Gen. Stat. SS-247(a), and prorated
longevity pay pursuant to Conn. Gen. stat. SS-213(b). The
statutory provisions referenced herein are those of the General
Statutes revised to 1991.
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2. October 1991 Expense Reduction plan
a. Each employee laid off pursuant to the October
1991 ERP shall be offered reinstatement, without back payor
benefits, to the position held prior to layoff. Reinstatements
shall be effective January 10, 1992. No employee who would
otherwise have qualified for an annual increment, lump sum
payment or equivalent shall be denied payment as a result of
being on layoff between October 1, and January 10. The terms
of reinstatement shall be in accordance with paragraph 5
below. The Unions agree that any and all grievances,
arbitrations, prohibited practice charges, lawsuits and other
claims concerning such layoffs shall be withdrawn, and that no
other claims concerning these layoffs shall be filed or
pursued.
b. Each bargaining unit shall select one of the
following options concerning the ERE furloughs.
I. For units which have no furlough days as part of
their concessions:
A. No payment for furloughs; no withdrawal of
claims;
- OR -
B. Individual employee election of:
1. One-half pay and all claims withdrawn or
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56175/2
2. Full pay, with days deducted from the
employee's accrued vacation.
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II. For units which have a sufficient number of
furlough days as part of their concessions, all
of the ERP furlough days shall be credited or
applied to the furlough day obligation.
III. For units which do not have a sUfficient number
of furlough days as part of their concessions,
all of the ERP furlough days shall be credited or
applied to the furlough day obligation and the
excess shall be in accordance with the unit
election as set forth in IA or B above.
Each unit shall make its election by December 31, 1991, in
writing, to the Office of Labor Relations. For any election
which calls for withdrawal of claims, all grievances,
arbitrations, prohibited practice charges, lawsuits and other
claims concernining unpaid time under the ERP shall be
withdrawn and no other claims concerning same shall be filed or
pursued.
3. There shall be no additional layoffs which result in
loss of employment during 1991-92. In the event that
programmatic changes require additional position eliminations,
every effort shall be made to effect such reductions by
attrition. If attrition is insufficient, the State and the
Unions shall cooperate in effecting transfer or reassignment,
within a reasonable commuting distance, and/or retraining of
affected employees. This provision is subject to modification
56175/3
in unit agreements.
4. The above shall not apply to grant or federally funded
positions eliminated or reduced due to loss of or reduction in
funding, or to appointments with termination or end dates. Nor
shall this Agreement prevent giving notices of layoff or
nonrenewal during 1991-92 for actions to be effective in
subsequent year(s), unless expressly provided to the contrary
in a unit agreement.
Further, notwithstanding the above, if any employee(s)
is/are reinstated prior to July 1, 1992 as a result of a
grievance, arbitration, prohibited practice charge, lawsuit or
other claim over layoffs/bumping:
(a) If the reinstatement is ordered due to
improper selection ( ~ seniority), the state shall have the
right to layoff the employee(s) who should have been selected.
(b) If the reinstatement results from a finding
of improper sUbcontracting, the state and the Union shall
reopen negotiations for the purpose of discussing means of
achieving savings needed through June 30, 1992, if any, to
accommodate that reinstatement.
5. Reinstatement from Layoff
a. Any employee who is reinstated from layoff
pursuant to the terms of this Agreement shall, upon
reinstatement, have restored to him/her the accumulated sick
.leave balance which was in effect as of the date of layoff

56175/4
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b. Any employee who is reinstated from layoff in
accordance with the provisions of this Agreement shall be
eligible to re-enroll in the same level of group life insurance
purchased as of the time of layoff, without the waiting period
required for new enrollments pursuant to Conn. Gen. stat.
55-257.
c. An employee who is reinstated pursuant to the
terms of this Agreement and who is a member of the Tier I
retirement system shall not be eligible for any refund of
contributions based on his/her layoff. Any such employee who
accepts the state's offer of re-employment shall rescind any
pending request for a refund of retirement contributions. If
such refund has already been processed, the employee shall
repay the full amount to the state Retirement System.
d. Any employee who is reinstated from layoff
pursuant to the terms of this Agreement, and who was enrolled
in a state group health insurance plan as of the time of
his/her layoff shall be reinstated to the same plan effective
as soon as possible, subject to rules and procedures of the
comptroller's office. The State shall cooperate in ensuring
that, upon enrollment, no employee shall be denied coverage for
a previously covered preexisting condition which occurred after
layoff and prior to reenrollment.
e. Any employee who is reinstated from layoff
pursuant to the terms of this Agreement shall have the option
5617S/5
to purchase vacation time for which he/she received a lump sum
",..
payment at the time of layoff, in accordance with the following: f
(1) The employee shall be required to make a
)
written election to purchase vacation, on a form provided by
the State. Such election must be made not later than one week
following the date of reinstatement, and sUbmitted to the
employee's agency personnel office.
(2) The agency shall inform the employee of the
payment amount required. The payment amount required shall be
the gross wages paid less deductions for retirement
.contributions, FICA and income tax withholding. (Adjustments
for these items shall be made by the state.)
(3) Payment due must be made by the employee to
the agency not later than one week following the date of
notification of the amount due.
The State shall cooperate in providing information to the
Labor Department for any employee who purchases vacation and
seeks an adjustment in his/her unemployment compensation.
f. An employee who is offered reinstatement pursuant
to the terms of this Agreement and who declines shall retain
reemployment rights under the applicable collective
bargaining agreement. The State shall not challenge the
receipt of unemployment benefits by an employee who remains on
layoff.
5617S/6

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II. WAGES AND WAGB RELATED SAVINGS
L Collective Bargaining Increases. Wage increases. and
modifications thereof shall be implemented in accordance with
the terms of individual unit agreements attached hereto.
2. Annual Increments, Merit and Equivalent Increases.
a. Except as may be provided in unit agreements, in
units which do not have 1991-92 contracts, employees will keep
their July 1991 and January 1992 annual increments, merit
increases, lump sum payments and/or equivalents. For these
units, annual increments, lump sum payments and/or equivalents,
shall not be paid for the contract year 1992-93.
b. Except as may be provided in unit agreements, in
units which have 1991-92 contracts, employees will keep their
July 1991 annual increments, merit increases, lump sum payments
and/or equivalents. For these units, annual increments, lump
sum payments and/or equivalents, shall not be paid in January
1992 and July 1993.
c. Units with other than July and January dates
shall forego one annual increment, lump sum payment and/or
equivalent on the applicable dates
3. Pension Protection. Any employee who retires from
State service, under the State Employees' Retirement System
("SERS") or the Teachers' Retirement System (IITRSIt), during the
period from July 1, 1991 through June 30, 1994, and who, for
the purposes of pension calculation, utilizes any or all of the
56175/7
1991-92 or 1992-93 contract years for the purpose of
calculating his/her final average earnings, shall be entitled
to include the wage increases which would have been paid had
the provisions of paragraph 1 supra and the related unit
agreements not been implemented.
Any employee who would have received an annual increment
in 1992-93 had the provisions of paragraph 2, supra, not been
implemented, and who retires from state service under the state
Employees' Retirement System ("SERS") or the Teachers'
Retirement System ("TRS"), during the period from July 1, 1991
through June 30, 1994, and who, for the purposes of pension
calculation, utilizes 1992-93 contract year earnings for the
purpose of calculating his/her final average earnings, shall be
entitled to include the sum of five hundred dollars ($500.00)
(prorated for part-time service) in his/her final average
earnings.
In order to provide pension protection for employees
covered by the Alternate Retirement Program (IlARP"), if an
employee enrolled exclusively in ARP leaves state service
during the period from July 1, 1991 through June 30, 1994, and
at the time of separation has at least ten (10) years of actual
State service, the State shall make the employer contribution
to ARP on the wage increases which would have been paid on
his/her salary during the 1991-92 and/or 1992-93 contract
years, if the provisions of paragraph 1 supra had not been
5617S/8
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implemented. Implementation of this provision is subject to
the approval of TlAA-CREF.
Any employee who benefits. from this item 3 .shall be
required to make the applicable employee contributions on the
amount of imputed wage increases for which he/she is receiving
the benefit. For example, an employee in Tier I of the SERS
shall be required to pay two percent (2%) (five percent if in
Plan A) on the increase in his/her final average earnings Which
results from the application of this section.
4. Furloughs. Credit for furlough days for purposes
of pension, longevity, leave accruals and other benefits shall
be treated in the same manner as leave under the Voluntary
Leave section of this Agreement.
5. Objective Job Evaluation. Except as may be provided
in unit agreeements, the provisions of this section shall not
affect implementation of objective job evaluation studies
according to existing contracts.
III. WORKERS' COMPENSATION
1. There shall be an expansion of the "safety committee"
concept to additional facilities on a trial basis.
2. The parties shall jointly develop fraUd avoidance
programs.
56175/9
IV. LABOR-KANAGEXXNT COKKITTEES
1. There will be pilot labor-management committee
projects at three state agencies. The agencies selected for
those pilot projects shall be named by the Governor, after
consultation with representatives of SEBAC, within thirty (30)
days .of legislative ratification of this Agreement.
2. Each labor-management committee shall include
approximately equal numbers of representatives of the employer
and the unions which represent employees at the agency.
3. The discussion topics for these labor-management
committees will be focused on issues of economy and efficiency
of operation.
4. The committees will make recommendations, with
implementation at the discretion of the state. Nothing done by
the committees shall be used as a basis for demanding mid-term
bargaining, nor shall the discussions be.used by either party
in any pending or future proceedings in any forum, including
but not limited to grievance and interest arbitrations.
V. VOLUNTARY LEAVES AND SCHEDULE MODIFICATIONS
'.1. Upon request of any employee, or group thereof, and
agreement of the appointing authority, a schedule modification
which reduces the work week or provides enhanced coverage or
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efficiency, or a voluntary leave of absence may be granted. An 2
employee who is granted reduced hours or a leave of absence
shall have his/her pay reduced accordingly.
5617S/10
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2. Approval of any such request, except as may already
be provided in unit contract language, shall be at the sole
discretion of the agency, and the grant or denial thereof shall
not be the sUbject of or the basis for a collateral attack or
grievance review.
3. The agency shall notify the bargaining agent of any
agreements reached or leaves granted hereunder.
4. U n p a ~ d leave or reduced hours shall not be granted
wherein the employee would fall below the unit threshold for
health insurance benefits. The employer shall notify the
employee in writing, prior to final agreement, if any.such
schedule modifications would impact the accrual of leave time,
or sundry benefits.
5. Voluntary leaves undertaken as a result of these
provisions shall not operate to interrupt the continuous
employment status of the participant.
6. The willingness of the parties to agree to this
provision as a part of the overall settlement shall be without
prejudice/and shall have no value as precedent.
7. This provision, as well as any leaves and schedule
modifications granted pursuant to this provision, shall sunset
no later than september 1, 1993, unless the appropriate parties
mutually agree to the continuation thereof.
8. Further provisions pertaining to this program are
detailed in Appendix A.
56175/11
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VI. UNIT AGREEMENTS
The State and the Union have reached tentative agreements
to extend collective bargaining agreements and implement
changes and other means of savings as specifically set forth in
the unit agreement(s) attached hereto as Appendix B.
VII. GENERAL PROVISIONS
1. Those provisions of this Agreement, .if any,
modify the Pension Agreement the State and SEBAC or
affect pension and health insurance issues are sUbject to
ratification by SEBAC.
2. Those provisions of this modify
and/or extend individual unit collective bargaining agreements
are sUbject to ratification by each of the bargaining units in
accordance with applicable rules and procedures of the
exclusive bargaining representative.
3. Any individual bargaining unit fails to ratify
this Agreement and/or the related unit agreement shall not be
entitled to the benefits and protections of this Agreement.
4. This Agreement is sUbject to ratification by the
General Assembly.
5. Except as provided in this Agreement or an
Appendix, disputes over the application of this provisions of
this Agreement shall be resolved through discussion between the
parties.
5617S/12
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APPENDIX A
VOLUNTARY LEAVE AND SCHEDULE REDUCTION PROGRAM
A. General Provisions
1. Upon request of any employee, or group thereof, and.
agreement of the appointing authority, a schedule modification
which reduces the work week, or provides enhanced coverage or
efficiency, or a voluntary leave of absence may be granted. An
employee who is granted reduced hours, or a leave of absence,
shall have his/her pay reduced accordingly.
2. Approval of any such request, except as may already be
provided in unit contract language, shall be at the sole
discretion of the agency and the grant or denial thereof shall
not be the sUbject of, or the basis for, a collateral attack,
or grievance review.
3. The agency shall notify the bargaining agent of any
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agreements' reached, or leaves granted, hereunder.
4. Unpaid leave, or reduced hours, shall not be granted
wherein the employee would fall below the unit threshold for
health insurance benefits. The employer shall notify the
employee in writing, prior to final agreement, if any such
schedule modifications would impact the accrual of leave time,
or sundry benefits. Any reduction in hours, or leave of
absence, pursuant to this program shall not affect the
bargaining unit status of the employee participating in the
program.
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56175/13
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5.
Voluntary leaves undertaken as a result of. these
provisions shall not operate to interrupt the continuous
employment status of the participant.
6. The willingness of other parties to agree to this
provision as a part of the overall settlement shall be without
prejudice and shall have no value as precedent.
7.
This Agreement, as well as any leaves and schedule
modifications granted pursuant to this Agreement, shall take
effect as soon as practicable following legislative approval
3
and shall sunset no later than September 1, 1997, unless the
exclusive bargaining representatives and the State mutually
agree to the continuation thereof. This agreement shall be
construed to have retroactive effect if necessary to cover any
leaves granted prior to legislative approval and which began on
or after June 1, 1991.
B. specific Provisions
1. Plan options
i. Leave of Absence without Pay - duration between
one and twenty-four weeks. Employee shall return to same or
similar position upon expiration of the leave.
ii. Sporadic Days Off - pre-scheduled days off of
less than one week at a time.
iii. Work Schedule Reductions
Examples: (Based on 35 hr. work week)
4 day work week (20% reduction)
5617S/14
4 7 l/Z-hr. days/wk. (14..3% reduction)
4 8-hr. days/wk. (8.6% reduction)
9 days/pay period. (10% reduction)
half-time (e.g. mornings/afternoons) (50%
reduction)
iv. Education Leave - days off without pay to
participate in educational programs with availability of
tuition reimbursement assistance as provided for in collective
bargaining agreements.
v. other - any other mutually agreeable plan which
reduces State payroll costs. THE EMPLOYEE'S UNION
REPRESENTATIVE (IF APPLICABLE) MUST APPROVEANY REQUESTS UNDER
THIS OPTION.
2. Modifications to Approved Applications - In the event
of a financial emergency, an employee who participates in the
program shall return to his/her regular work schedule as soon
as practicable.
C. Provisions Which May Conflict with Collective Bargaining
Agreements
The parties agree that certain benefits should continue to
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accrue to an employee who participates in this program,
notwithstanding contrary provisions which may exist within
. their collective bargaining agreement. A statement of those
benefits is set forth herein:
5617S/15
Effect on Benefits and Status: An employee whose
application is approved under this program shall be entitled to
benefits as follows:
1. Health and Life Insurance - During the period of any
leave of absence, or work schedule reduction, approved in
accordance with the agreement, an employee's health and life
insurance shall continue on the same basis as prior to the
leave of schedule modification. In order to continue these
insurance coverages during such leave, the employee shall
contribute that portion of the premiums the employee would have
been required to contribute had the employee remained an active
employee during the leave period.
2. seniority - An employee shall receive any seniority
credit for time lost as a result of a reduced work schedule
time or a leave of absence under the agreement. Thus, an
employee participation in this program shall receive full
seniority credit and will not have seniority prorated.
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3. vacation and Sick
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i. An employee on a reduced work schedule pursuant
to the agreement shall continue to accrue his/her vacation and
sick leave at the individual's rate of accrual prior to
participation in the program and shall not lose his/her accrual
of vacation and sick leave for any month of such schedule
modification.
56175/16
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ii. An employee who takes a leave of absence without
pay shall continue to accrue sick leave and vacation for up to
two months sUbject to any accrual maximums in the employee's
collective bargaining agreement. An employee who takes a leave
of absence for more than two months will cease accruing
vacation and sick leave after the first two months. In order
to be eligible for payment for these accruals, an employee must
be reinstated from the leave for at least two months.
4. Holidays - Holiday benefits will be paid in accordance
with the employee's collective bargaining agreement based upon
the leave of absence, except that those on a reduced work
schedule shall receive prorata credit for any holiday falling
on a day on which he/she is not scheduled to work as a direct
result of this program. In no event shall the number of hours
of holiday credit exceed that granted to a fUll-time employee
working a standard work schedule.
Examples:
i. Employee on leave of absence for month of July
receives no holiday credit for July 4.
ii. Employee reduces schedule to 4-day work week,
Monday - Thursday, receives full pay for holiday on Thursday,
July 4, (not to exceed the number of hours in a full-time day)
iii. Employee reduces schedule to 4-day work week,
with Thursdaxs off, receives 80% holiday credit (recorded as
earned time) despite the fact that he/she was not scheduled to
work Thursdays.
56175/17
iv. EllIployee reduces schedule from 35 to 32
hours/week by increasing the daily hours scheduled from 7 to 8i
the holiday benefit cannot exceed 7 hours, equivalent to that
granted a full-time employee. Therefore:
a) if scheduled to work Thursday - receives 7
hours holiday pay for July 4 holiday and may supplement with 1
hour accrued vacation or receives 31 hours pay.
b) if scheduled off on Thursdays - receives
32/35 holiday credit {recorded as earned time).
NOTE: Some agencies will revert to the standard work
schedule during holiday weeks, in the same manner in
which they currently revert full-time, 4-day work
weeks. 0
5. Workers' Compensation - Benefits will continue to be'
determined under Statutes.
6. Longevity - An employee shall be entitled to the fUll
longevity benefit without regard to the leave of absence or
reduced work schedule. (Payment to an employee on leave under
section B.1.i. shall be paid in accordance with Regulation
5-213-1, if applicable.)
7. Working Test Period - An employee on a promotional
working test period will be required to successfully complete
the'equivalent of a full-time working test period. (EllIployees
on an initial working test period are not eligible for the
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8. Overtime - Payment shall continue in accordance with ~
the collective bargaining agreement or regulation (if
5617S/18
applicable). Reduction hours will not be counted as time
worked in determining eligibility for overtime payments.
9. Pensions-
i. A member of Tier I who is granted a leave of
absence without pay under this program will be entitled to
purchase credit for each month of leave at the rate of five (5)
percent of his/her salary at the time leave is granted, plus
interest at five (5) percent per year.
ii. A member to Tier I who is granted a reduction in
work schedule under this program will be entitled to purchase
credit for a period equivalent to the reduction for each month
of the reduction at the rate of five (5) percent of his/her
salary at the time he/she applied for the credit.
iii. Time not worked under this program (under any
option) will not count towards vesting service under Tier 1
unless the employee is at least age sixty (60). For employees
under Tier II the time will count for both vesting and credited
service.
iv. A Tier II member is not required to contribute in
order to receive credit for time not worked under this program
except that hazardous duty members must make contributions
equal to four (4) percent of salary.
10. Miscellaneous Benefits
(a) Where existing collective bargaining agreement(s)
provide specific language on qualification for or prorating of
56175/19
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compensation items such as stipends and/or fringe benefits,
those contracts shall govern.
(b) In all other disputes involving contractual or
statutory benefits or stipends, employees shall be protected.
from losses which are not specifically described in this
Agreement or the written voluntary leave agreements with the
Agency that are prepared pursuant to section A.4. of this
Agreement.
(c) In clarification of section II, subsection 1 of
the SEBAC agreement, proration of the five hundred dollar
($500.00) addition to final average earnings shall only occur
for those employees holding part-time positions, not those with
reduced schedules pursuant to the voluntary leave agreement
between the parties.
5617S/20
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56175/21
APPENDIX B
UNIT AGREEMENTS
MEMORANDUM OF .lCREEMENT
BETWEEN
THE STATE OF CONl'o'ECTICUT
AND
CONl'o"ECTICUT STATE EMPLOYEES ASSOCIAI10N
EDUCATION ADMlNlsnurORS {l'3Al CONTlVCT
In furtherance of the between th<. State of Connecticut and the Empie)'U" Barilinitli Ai;em eo.lition,
(SEBAC), the Stale o(Coonecticut (the StaLe") and Connecticut Stale Employees Auocial.ioQ (the Union), u follows:
1. The collective b.lrj:linin, &iTUlnCm betwe.en the Sl.lte and the Union which i. currenLIy in (orce ia bereby cXlcDded to June 30,
Article 39 of the contnct is thcrc{orc rcvUed to provide foe In cxpinlioa date of June 30,199<4.
2. Article 27. Section One of the contnct d deleted and the followine sub.uwted in lieu thereof:
(.) Effective July 13, 1990. the bue annual ...Iar)' for aU bargaining unit cmplo)"S shan be increased by fOur percent
(4%).
(b) Effective July 12.1991. the bue annual &alary for all cmplo). shall be increased by ti..e percent (5%).
(c.) Effective December 13,1991, the buc .nnu.a.l wary for all shall be dec:rused by two and oac-half percent. (2.5 %).
Cd) Effective July 10,1991;th.c f,;uc annual salary &hall be incrc...cd by two and pcrccnc (1.5%).
(e) Effective MIy 14, 1993, the bue Innu.il salIty for all emplo)s ah.all be increalCd by four and occ-half PCrl:em (4.5 %).
(t) 'This agreemcot Wilt be reopened for the: purposes of negotiating the: amount of any icocnl Wliie iUClU'IC a.od the effective
date the:reof for the (mal >ear oftbe (t993-94).
3. Article 27, Section T'iloO of the cootn.ct is revi.cd to
Emplo)Us will continue to be e1ijpole fOr and receive annual durine the tum of thia contract in with
existing practice; provided, the annu.al incRtoeU will DOl be paid for the ;.ontn.ct year 1992-93.
4. Article 1", Section Four of the c.omract Jl:W1 provide u follows:
In lieu of la)Off, 1D emplo)U with mote tIw1 three (3) of coatinuoua state JUVicc may bump iDto looM:r c1&.. fot which
qualified within the bariaiDin,: unit withiD 1D alcucy. The: bumper sb&U be eM"ltcd i.a such lo'M':f cia.. with toW Jcnrtb of elUa lCtlioricy
CIIc.ulatcd by adding the acniority zained (If applic.lble) in the lower c.1&u to that in the c.b.. from wbid& he/abc wbeiDa: laid
off and Iban bump the emplo) with the lowest elua lenionty' in IUCh to'M:t c.la.u with 1IUCh leper claa JeDJority tlw1 the bumper, IUbjc.c:t
to the provisions of Section T'MJ. The bumper shaD be paid fot let"Viee in such 1000000r class -and specialty u provided in Regulation
2(t). In C'Yent of la)Qff oc:e:.utrine dunn, the thirty-tix. (36) IDOD1h period directly following the OivisioQ" mo-.e to the Department of
Human Resources if the maY: i. effected durine the period ofth.is:A:rccment., emplo)s in the OivWoaIBur cau ofRchabiIitatioa Services
may exercise bumpinl riabts across aacney linea into 1be Department of Educ..atioQ in ac:ordancc with this Scdioa.
5. In "n other r:spec:tI, the provisions of the 199Q..1993 coalrlct rcmsia in effect.. COllOoW: proviaioaa RICh u, hut DOl limited to, tl.Iitioa
liJod., confcrcnc:e Nods, night shift ditret"Cntia1 Uld ditrercmial shall continue ia t993-94at the same ratusa established f'ot the
199293 coni:r!:ct )'CU.
Not'IIiithstandin: the abo"oC, the State will provide $1 &5,000 fJr filC&!)at 199192 for the pU1'p01CS of implcmcnuna: the Merit
Eva1u.suon Pro,"m rather than $200,000.
6. Furlouj:bs. Each batg"inin: unit mc:mb<r shall Lake fi...e fUrloup days (the equivalent of fi"oC days afp.y) durin&: the 199192fi,I(:,,1 year.
Emplo)". may the turloua:h day. Laken sa " of the Rcduc:tioa .P1atl toward. the fi..e fUrloup days. Credit fot
furlough days fot pUtpOlCS of pensioo. tong:evity,lcaw .ccruals and other bcncfiu shall be treated in the same msnncr .. lc.a:w the
VoJunut y Lc.a'\oe of this Arreemcm. My cmplo)" laid oft" and rcc.a11ed 1.0 'M)rk will DOt to take any turlough dAys ..
7. This Agreement i. IUbject to approwl by the Gcnen.l Assembly.
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MEMORANDUM OF AGREEMENT
BETWEEN
THEsrATEOF CONNECTICUT
AND
CONNECTICUTsrATEEMPLOYEES ASSOCIATION
EDUCATIONPROfl:SSIONS (P3B) CONTRACT
In furtherance of the Agreement between the Sute of U:>nnecticut and the Sut.e Employees
Bargaining Agent Coalition, (SEBAC), the Sut.e of Connecticut (the "Sut.e") and Connecticut Sute
Employees Association (the "Union"),agree as follows:
1. The collective bargaining agreement between the Slate and the Union which is currently in force is
hereby extended to June 30, 1993. Article 59 of the contract is therefore revised to provide for an
expiration date of June 30, 1993.
2. Article 19, Section One of the contract between the State and the Union is revised to delete the last
sentence and to add the following:
The base annual salary for all employees shal1 be increased by five and one-<jUarter (5.25)
percent effective June 28, 1991.
The base annual salary for all employees shal1 be reduced by 2.625% effective December 13,
1991.
The base annual salary for all employees shal1 be increased by 2.625 %effective July 10, 1992.
The base annual salary for all employees shal1 be increased by four and one-half (4.5) percent
effective May 14, 1993. .
3. Article 19, Section Eight of the contract between the Slate and the Union is revised to read:
Employees will continue to be eligible for and receive annual increments during the term of this
contract in accordance with existing practice; provided, however, the annual increment will not be paid
for the contract year 1992-93.
4. Furloughs. Each bargaining unit member shal1 take five furlough days (the equivalent of five days
of pay) during the 1991-92lisca1year, Employees may credit the furlough days taken as a result of the
E x ~ Reduction Plan towards the five furlough days. Credit for furlough days for purposes of
pension, longevity, leave accruals and other benefits shall be treated in the same manner as leave under
the Volunwy Leave Section of this Agreement. Employees who were laid off and recalled to work
shall not be required to take any furlough days.
5. In all other respects, the provisions of the existing contract remain in effect. Economic provisions
such as, but not limited .to, tuition funds, conference funds, night shift differential and weekend
differential shall continue for 1992-93 at the same rates as established for the 1991-92contraet year.
6. This Agreement is subject to approval by the Genenl Assembly.
MEMORANDUM OF AGREEMENT
BETWEEll
THE STATE OF CONNECTICUT
CONNECTICUT STATE EMPLOYEES ASSOCIATION
ENGINEERING, SCIENTIFIC AND TECHNICAL (P-.) CONTRACT
In furtherance of the Agreement between the state of
Connecticut and the State Employee Bargaining Agent Coalition,
(SEBAC), the State of Connecticut (the "State") and the
Connecticut State Employees Association (the "Union"), agree
as follows:
1. The collective bargaining agreement between the State
and the Union which is currently in force is hereby extended
to June 30, 1994. Article 58 of the contract is therefore
revised to provide for an expiration date of June 30, 1994.
2. Other provisions of the contract are revised pursuant
to the attached.
3. Except as provided for in sections 1 and 2 above, the
provisions of the existing contract remain in effect in all
other respects. Economic provisions such as, but not limited
to, tuition funds, conference funds, night shift differential
and weekend differential shall continue for 1991-92, 1992-93,
1993-94 at the same rates as established for the 1990-91
contract year.
4. This agreement is subject to approval by the General
Assembly.
I
I
~
<:,. ........ .... - .... _-
."
MEMORANDUM OF AGREEMENT
A/l71CU 10
TRAINING AND rumoN RfJMeUI'lSSIIENT
Sectlctl Two. A jeint rnr..ion.il;l Conf....-ncw 4nd Workshop C,:)mmUtee .r.4U adm1nJ3ter " fund for 0eh-4yinQ Incurred for Il:tu,n
cionC.e by ;>etm4r..nt cmp!oye-..fol proltiSlQMI samin4n, worUhop4 or conferenc", Th'II Commtrt.. u-.411 be =mprued 01 1'."0 <21 rcpre-&an-
Idl1ns from both lh. Stale 4nd the Union.
olf lor by meme:.rt orl me.tinqs will Oc w1thQI,Jl loss of or btneiltl on lb. condition tMl 4rtond4nCe .... Ill
nol uc-d one (J) mor:lh cJ rer.a.u.. The commJtt_ develop "" to od.minJU-r !.he
with the CQnlrad and law. Th. actioN or non-aetJON of the commlttoe Me not nor <Uc ther suoJect to eclLAISldl drto.:::%. in
any lonJ.m.
Request. lor U:ioe of tJoA iund a.ItC!' I.ppravc1l by tn. 4pp:::linttnq authority, c. sublnitt.d to the o::curuttee for .dian 411u.si (3)
wccu I.n .dvonoe. th. oppolntiJ'lg 4Uthonty will not bt denied.. A pAttn of d.aL.l of. 4ny employ_s
r:luClOt may be ,1ppe4i4ble to lh. CommiSSiOner' 01 Adntini:.i.raUve Servicwt. Up:," 49Pl"OVo.l by the Com.:t&inOil. th- Head ahal+
lhe request to the at lout t'WC (2) 'lrteeu In .dvlInce 01 til. e"t.e oi 4nend4:tlol.
Aqrl.C\.llh.lr41 S!4ticn employ...wqible for el;>M't- un.CAr Artl.cl. 10 ue not eJlqtbl. to Pdl"Ud;>a_ in th. Worl:.ahop
C ...I. __ ;'l,I..-:I __..I .,.-..."........
There sholl be fUll OolJU'I (SSO.COJJ to thl.. fund Men contr&d ,.Nt. In the O:lntfoct reor me tund. U'lCJU
h.a,V4 Fifty.Fivor Ddl4n awroprl4tcd. wtU be ul'llimiw.d eatT"'l'e-r cl unu,d fundi fron: c::n- centrad y.ar to Ih.
JUccced.ll"lq CQnU'cd '(eM!-) but Ih. hDd ...,Ul .l,ltl:lm4tiodly eXpire on Iun.e Xl. 199-4.
.liqlble CC'lplO'f'" d'\411c.e cnUlJ.d 1.0 4 m.ulmum. oj FooJr Hundz'erd Dollan ($.400) NimbUI'1oelnClL pet' oontr.a Yedr low/lltd tho. eo.(
of fe-es. IranI. 10::ld. 4ndlor Iodqinq to attendAnce at .uGh .VUlts.
No:wj tMtandtnq the abc....e. mentioMd muunwn. an m.y UN tl.Ie lund. one. in 4 two .,..,. for .0 in exce:s.s of
'Four Hundred Doll." (S400) outnot qr.."t... th.sn Hundred Conan (.tEO)). Ute oi the fund for CXJ)endih1t'd ol_th4n.Four Hundnd
DoH." {S-400} wttl not entiU. tM ..tnployee to UM tlwl fund for an IIdditional ex;:.nd.ilute In eJ Feu: Hundred QQlun ($4CO) In any
two yeCl penod (nc ce.rrt over aedl.t). R.imbunement shall be ONt5"..ent with s1.4ndard aLabi travel reQu!4.fion,. Emplo,....- who attend train'
Inq MNin will also conUnu. lD l"$Ce!.ve rCl;U14r pelY
s.c.cUon ThI... The S!atc sh.UallCC4t. One Hund't8d Thousand DoJ4M (SlCO.OCO) for th. tuition for eoiCh eontr4d
'('0'" cllhe t",,,, 01 thi< Aqroom.nl. Durmq the 1993 199-< "","",d ye", IhJ. illoation >h4Il 100 1:>......0.10 Onoo Hun<lred Too n""".nd DcI!4N
{Sl !O.XCiJ. There ....\11 be unlimited c.srryover of unlJ$8d montes In th.-lund from 0..... o::clrtJId "f"J4Z to thtI next. The m.uimum relmbunemcm
rite ,hall be 590 per C'e'dlt Jar undtlrqrlldu<ile and $110 'POl" aedil for qraduolta No employ.. may be aiiqibte lOT relmCNrM-o
lttC':'\t tor met'll than t.....lv. (l2) crtdiu in ye4r Qf conttlld.. The pz-eY101.1,j l\otwithlW\dJnq. an employee .tt-ndinq Slat..
TachniCIIl Colleq.. !My be ellC;lble lor retmburs4ment fof' up to eiQht.-en (1S) crediG In eK.lot y"r ci the oonlNc:t, PtO"ftdcd
c41end:lr r8m111ns un<:r..anqect.
ARTICLS 12
SENIORITY
Sec11(ln On Seniority lor all wilhin Aqreement .11411 be ddln4d u to141 t.nqth oi Smt. indudinq w.r tetvlce.
Section Six - MttIte.
ARno.E 13
OADEll OF LAYOFF AND REalPLOYIIEN7
s.etion Twe. (a) !::ml:lloye.H: with taa th4tlo tnl"!!:'l: (,J) YMrt of ccnhnuous St4t. 1030-11.....1 t...I b4.Y'C fo,- layoff
(bJ An whew loa,t annual $erv1C1 raline; was un:so.U,{at:tcry wUbe tre.sted fer toyrcU P'J1JXlISe' ai"hovinq lost up to one y8lU"S d tenJOtily.
<0:1 In thb evert! 01 a layoH within" job class. and employ.. .,..ho tw".. not e:cmp!"t.ed th.- initi4l worr.ing test pitried
.:h.t.ll be ;aid off Hut. 4nd the., sh..ll Mve no bumpino:; riqhtl:.
(dl If ..eniority ollwo or mclrc emplOYeft I. uecUy the same. gr\Qrlty far toyoH 4nd ree:.sll melle. de"'.,cm:I!nad by the lower ecl:l?1or_ number.
Sec;1ion T"r (e) Within two of l,l,;. notioe t;t4'CifWd.\n $.c.c11oa Tn,... (4). the sh41J pro'Vfc:Lt writ*, DOt1c:e c! ....hettlllt' he/she
.el-:u to uerd.e euMOlnq nqhta or be !.aid oU. Thltaction .h4U t>e bi'Ddlne; on omploy-.. 4nd f4:ilure to eled. ahAll CQor1.r.uut. '" W,,"lvet
oj bumpinq riqhls.
ART1CL 1S
HOURS OF woAK
SedJon T'llI"O. A. .nilt differential ofslm (60) centl pM hour shall paid 10411 em;dcy... whoM requ4rly at tour ol dutY
beqina o.lt., 4l:00
r
?M. or belo'" Ed)) ....M. ueepl any emplo1oo whOM ..lary is abc..,. tn. 4'qUivclsnt 0{ Sat.t"]' Group 2:3. Slep 7. 1hd.11
not b- eliqlcl. lor llJ<:A dUf.-renU.1. Nc::brithst4ndsM Ihll s;ttcvi.lon. empt01toeC ift lh. cI4Ss.lftCit!c::N 01 Computer ap.roQom SUJ:lefVl:1r 1
4nd 2 shall be .,1iq;b1:. for shift d1.forenUel p.2ymen.l.
rHectiv. lult 1. 1993, the wIt diHeNtilial shall be incN<l.ad to .sixty' fly. (65) &Dis
SectJcn l'hr-... W...kand Ollferent1.L
(d) Th<= rate for w-eeuDd dilf.rcnti41 b (35) cents psr haul. July 1, 1993 tN rat. sMll be to fortr (iO) c:sn1A per hour.
ARno.E 19
CQIIPENSAnON
Secdcn One. EHec:twe Jun<e 26. 1992. Ih" bose "14ry Or all b4tQ.aininq \Jnil mem.e..r. &han c.. bT lIve percent
EUective M.t.y _H. 1993. tM b=e a:')nuals.a.lary {or ",11 burc;alDlnq unat empIoy__ dlall b. InCf'lUHd by lout' .nei O!-MU (... .
Sc-e;tiQn Two. Annl.:&1ln<:nmtlnu. tcIploYH. wtlt tg, .Iiqibl. lot an 1'"aolIl". annU/Sll:nc:twm.ttb dlJrtnQ tM tIm:n cl thiS contract.
in .r::cardance ""llh pr.adie.w; provtd.scl. lolo_v. lh .snn\U1 in<:t.mant will net b. paid fot 1M c:ontroc:t yu.r 199293.
Se-ctfcn fl.It". Max:mum Slep [mp!oy.... EI..:hYe July I. !988llnd there.a.ner. tho.- empJoY'NC,It the m.u1mvm .-pol the ""lary .ch.dula
who Mv. received no .4nnu41 sh.J.lI l"KelV. & lump ,urn "",,ym.nt of 2.51A 01 tMir 4Mual r&!... Lump StUD paym.n:a WlU be- m.d.
eHcetJye when ti-. 4nnual would h4....e dpOlied. ..
An 0".r411 serviCe ratinq of unsatlsi"aetory ( d.4i1Wd in Article 9l m4Y be qroundl: for o.enlal Ql tn-. Pl'i'(ments.
[rnp]oy.... wdl conttnUlt IQ be eliqibl. lor and recei"'e sum durinq the term 01 thi. conlr-a in with the
!olO.....V81'", pay:n.nt "",til nOl be S)l.ld fo1'" the yeAr
)
AllTlC. 21
Tluva
Ourinq the lif. of l.hi& an,. cnlOIOyH who I' requir.d to travel on oHld4.l Sl.at. .!ws{n-..w ah.tll be ler todQinq. md.eqe
41"1C1or In occordoinc:. with the t.nns. coodlllonc and toteA QI,lUin.d. In th. Sland4rd Tns"e1 R.qu14u.on.. In u1Acne- on rune )j.
J981 IYCjed. io IUC.1t modll1caUoNi <1M 01 provid6:1 .
O.-w. Empla'J""'f'H A.a.ciqn.od. to CoAat.rudlon Proj.as. ?et'1Onncl In th. D.j::IO!1:ment of. Tralupot't4Uon .tld 1M Bu:-e-..u
of Public:: Worle.. who are S14tt:; veht.;les .bAll :rl.t1r.l.ua to U!Ie" c.1d v.hid. Any wno l.s ol'Y:Iqned
Sl4
t
e v.hiel. m41 c:Maq-. h.Ll'-ner mind ond shUt to tho. use of hlub.t' psOMlwhicle. at which lim4 b.-liN thaB b. to a.l1 the beneitb
aea-uU'lg 10 ath.r emptoy....ho ArC I4inq their pet'!Ocw\ .
In order to ",'Ie .-n_rqy. cl'tfQloy... usinQ' 4 Slat.- v.hide lWy, 41th.:: opt3ao oJ the 'QQOil1l.inq authorIly. qaraq. 1414 V'ehic:!.. at thelt' hom.
or at the n..arest su,t. f.aelit'!,
!mplot
e
., uhJi%i'Oq '1ehldes on Stale bt.uiM$S Ih.U Cot paid $3.50 p-r day ..,,.hie!. \.Ue i.... The per &yl.Clle 'hall be
h'lC"tMMCi 10 .$-4.25 p-t do:y dfe<::1v. july I. 19#2. Suc;h lC"e'.M1l (1) be p.I!.d. Iorc.eh dly is l:"eQUi:red to !:rave-lto a 'loiork rt4tl.cn
[rom Apzu 1 to Odoe-r 1or foe the periCO'd ci to -I field censtruc.ion whic:hC"ler J. lonqer. UId. (2) be in .ddihon to 1M
for ..IIY-<lwncd =clot '1.tticle:s H pl"O'Yid..& In Mic!c 21. S.ction 4. .
employee l'1IqUiroad by the .JqetlCT 10 u.. 4 pers.onally-o'lmed motor "..hide tot oUid41 SbtA thalllX'Qd\llC. 4n insul'aJ\a
policY lor r"')8_ b'llhe employer tlwt the .,.hid. to be yMd i. insured .1 r.ut the .mo.:nl bot the Sl4t. Travel
. Th"",Ioy... ,.j1j \Mn be ,elmOure.d .t tl>. NtAbli<hcd 'II. r... uch nul. ."lcd. ),(jle.o9o :ohcll be _od.. !he
of !.he (1) r1"CCD. lhe ptr:nAnllnl tmploynwnt Jt4Uon to 41)(f .stound hil/het work V'&4 and "tum Of (2) (rc:a1 t.Q ... Dd dl'QJn4
hl:Vh.r work o.re4 and return.
Th.- mtleaq. "round the WOtt ,U'-.s for ""hlchpeytMnt wtU be =40. 'Win b: thai distatlOt fOl" th. pt'QPII1' ollhe work
and aetu411y I.tav",l.d.
The Q.th.r1.nq 4l'X! lOQvinq oll4mpJ.e.s concwt. bc4rM cyline.n err other Iarqe or dirty not r..onn4l1y in an .uU::mobtk- will
.... h.ne<rer' PQUtble e- tre:n.tport.d by S14te vehlcl. Uan emploY," unqMd to \:1M hiafber vehiCle t. dil"'eded to brinq & ..,..h:Cle
on to 4 work cite. hWhar POYlMnt or to one! {rom 1M ""Of"k lit....dl r)Q( b.
UUl. .mployec required to use hl.alh. penoNl v.hid. in 4reUwh.r. he4V'f tr&ffic at other h.ua.rd::5 th4 will furnish a.nd attAch
without doln4qe to lb.. such I1ghu =cIIor s.lqT\C .. 4N'.
IlI:s understood th4t an employ.. 4S'iQ'ncd 10 u" peraot141 nhide on StAt- 'll'Qrk 'litH 0.. uaJqned: .. Sl4t. und.tr
cum1t4nc:elll. Ho.....,..r. 4 SlAw .... mat be uaiqn.a ror brief period. fJnc:!c-r \lftUCUl\l <:ondtuON.
When an employ_ 1.1I inveJvcd. I%l. an aecic:knt. to 514\0 prop-rty by tba drt.,.". &h&ll b. the oi 1M ao;ency. The
dri:ver m4Y only c.. lor datnol';. If hlUher adtonc "cnCJtut. ""l.11hll or w4J\tC)n tnJ.Iccnduet:.
SectEQn Four. Wh..r14Uthoruad.1n .",Hh SWet Tl".v.l R-.qul6ttOnA. &l\y who 1$ reo;\lfrsd to i:r4Ve! on
&h.ill be rwimbun.ed th.e followinq rate:::
Br..kf... S 5.00
Lunch 7.00
txCneT 16.00
EH4Id1v. July 1. :992. tM rat. $h411 b.:
B,..kI..t S 6.00
Lunch 8.00
Dln_ 16.00
ffec4Jve luly 1. 1993: 1M rates shill b.I:
BI'a4.iIu $ 6.00
Luod> 8.00
Otnner 18.CO
An who 1:\ requlf'ed to ,..mein doWdY Irom hom. overniqhlln order to th40 l'equl4r duUOlI 01 hlalher rNy be re1rnbun-
for lodQlnq in 4o::o<'d.anee WIth lh. SI... t.1'r4'l.1 i.-ucd by 1M Cammiuioner 01 SenlCd.
Employees ,naJl be noUn.a of lh. mininwm lnturotlca to ulinq tNtr F"ft'SCn4i vehle!.. In the of dun... In
an emel"'qency attu4Uon. an who y.hlde ,h4.l1 b- rwimQuncd Nqord1es:s d the
Appi.icable to out-oiSI.o.\e !ravel or wh-n authorized wUh the SLlnd4rd St4te !1',,"1 RdlqUlat10Nl iaued. by the CommUoiionet
oj Adm!nl..tutive 5.-"1<:".
Th. mile4qc relmbu..nerunt rat. IhaII c.. 2-4 c:ents ,ucl.a to within thirty (:Ol days. wiih th. re4d]uslmanl by the
U.S. General Sel'V1ed AdminlstnUon.
ARTlCL23
PIUUNEHT PART.Tllol&: BoIPl.OYES
s.edot'l OM. Pctm4'nent pitt-lim. .mplotees th.1I l"WCIi.... and ml'qf bcdlu on pre rat4 u herein.
Sed'on Two. Partun cmploye.o:s who five daY' pet' w_kahJ.I rceelvo pI'C ratA hcl1d4y te.Md.ayc. pszt-ticw employ..
who work fC'W'et th.an f!Ye (5) daJ' per week ,hall hohd.y paT wNn the taU. on their t'*;Ul4l'I'l WQr'k. day.
Stloft TMee.. ... wctbnq l<e'$l d'l",n tw.nty (20) sh",n in tMnent of layoH h4Ye aen10rlty .nd Q4Y
bump only to part.time _ INn lw.c.ly (20) hClUt'l polition. Ccntr.e:tu4.l cd nohce In co._ of 14roii shall :. Mil
oi thoa. ptOYid.d in Article 13.
Four. H*,lth ln3Uune- ,hall a'V4i1"ble only to thOM pc'%nlSncnt part-tim. 13mplQ't'e'Ellll who Gre reqgW-IT .eheduled to
work at It:att 11.5 pet week. Thl. p:'oYition 10 tbo.c p41ttime oemp!oy-u'Who on or .har July L 1991 acquire p.srHime '14tlots.
Section Ave. V4eatlcn and li<:x Ifl4vc wH -"=l:1'ue on pf'O'orata bow. (houn) lOr pet:n4::.nl parttir=- employee:..
Sc-c:tion Sa. Parttime workinq l=.s than !'W.my (20) P'U ....k wiJl- DOt plnCn.U l.:a.... ..
Section $4ven. A peTlMnenl tult-ttm- m41 requort 01 mCMg:eftlC1't tMt th.ir poslUor.t.e. 4dlufteC to .. plItt.tUne J,Q,tua. UQtar-te<i.
the r.ductl':m ta part-tiJ'M' Jh411 l:>= co"..kl_.d oJ .t'Tanq.mer:tt.
AATJ<:U 26
PREGNA>::Y. MATERNAL, ANO PAllEIlTAL. I,EAVE
s..:tJon Two. LM" Th. prQY1S1ol'l. ai C.G,S. Se<. 4mendmantl thai-eto) and u,.. requlat:1ons appurtllln4rtl
d thn .pply to parc:nI41IH""". ,b.allapply. J..n employ.. who \5 qriItUed le'n. may l'e<jUcM and &h411 be Q'f"'nt.ad
the linbnet.l benellb ol4CCT\.led ".eaUoe l.avc. p:NOMII_v. 4ndlor comP'Cf*tory llme dunnq potrlod of slo.lUtcry le.,.; ho..........er.
tlma. d lax.n durtnQ: p.rioci of .statutory le4ve.hen root ut11i%ltd :0 th. Qmot. le4<fe lor .. perio<i In .:tt:Ma: 01. tfw:t In
requt for such kaye the .tAtutot1 TM:clm\lm.
I
A .<tn-dory p4u1l141 1e4"1e nlMd not imm-d14tely lollowtnq l1\4' birth Q( adcp4jon g( chJMi. b.Jt !J'I1.O.3t be ...,thJn lhe
OM {I} yur pe:fi1 !.ollQ'Wlnq cuc:h birth or 4dopUon. .
Holid.yc whic::n cccur dunnq Ihe period by tho. p4renl411C4ve provt.:lctl. 01 C.G.S. .M.ll ncl be unJ.aa
lhOII .mployett jj cOncurrently P4id vacation. comp:N4lot"'( lit1"A ot ... leove "'. :Ny bI perrc.itted. 5nd wtth
the cumn!
Up 10 three (31 of paid I.."... <:Wdu.c:".ad from 16dve. will c.. ptovid.d to an eTr.;lloy.. w1th lh.e birth. 4dop(icaor taC1r:.q
C\Jctedy of chi ld.
Etf.c.ive J\J1T L lWQ2 !he thNa {3l days l."v'J lor birth. or C'.utcdy 01 chl1d 'NIl be incrM.Jed to H.,.. (5) d41S.
ARTICLE 27
HEALTIl AND SA1'TY
Section 0,... A loint Unlol'll"M41'14qement $d!ely CornrnittM &hAU be utc.bU,hed to Inva-stlq4t di.sc:u=s. &tid develop COl'l""ecl.IW: me.lturel
on Ip-cllic 14/ety.nd h..lth m4ttat'l in<:ludinq but not 11m1\ad to: (1) wori:..tr.q condIUOl"'.a r.Latf.... Ie vid.o d1:spl4y tftmlMla. (2) moadleAi mQtlltonnq
lot I!'mployees to hu.ardous m4te:14ls. (3) prot4d1ve cldhinq and e.dj;lm.nt. Committee propoaalc ah4Il ds<oJl the pro-
blam. l'.olutjcn, c.en.slu at lmQlement.tion !lind cotU.
Thoere ,hall be e:tt4b.lilh!..sn. .:!MUdl fund of SIS.ceo fot o:lmmiU.. proposed safcty .nd r..slth ptoqr.szM,. The,.. will be wilimlted eatryov.r
01 Utluad lunda from one I;:Qn(uct yNr to lh. NccecdtTlQ contr.a YoNr<,} INt, the lund win .\Jtomatic=.lly expire en J\,Ia. 3). 19904.
Reg.....ntAlicn on 1M W111 be eqYally dl..tlibuted b.t......cn Union e.ceb MoriN:; thnoe (3) mecbet:. party
,hall oppelnt Its repre:sentatlv... lct th. t.tm 0{ the Ldbor AqT"e'en'lcnt. Th. committee wll el.,;t ib and. both Union 4nd Mbnaqe--
men!..,Ul hA..,. one ...ct. on t=lt'Op'StIIls. c:etaiLid a.a indiC4l.d. above. be cubmiu.d to the Cor.c.mI&Cc:n&t' 01. AdmJnJ.:tnli..,. Set
'l"ie-t lor fin4J
Cornmitt_ 'lnl1 be suif\dcnt 12U$e for lmplemenlaticn. within avaUcblo coiNnittM funds. Pf'O"I'fded thA CCIC:l.I:C.it1M can d::roonstrate
that (hoi proqram or acUOfl I. ,..I... t.d to a l.qitirMtc safety or prohl.m. U In. c:om.m.Ittee is not u..
trWiy be to ctbitT4tlon.
ARTICLE <3
SICK LEAVE
S6ctJon Four. Family Si6:.l.aa...... In thd event'of crlllC-illllnl!lUo or tenl' injury to 4 m..::mber oJ. lr... h:c..c:lii4la family I:rC<ttinq an arnarQflney.
411 c!1qi.::'I CIT"$yoa- ahlll be qrllntad ltd. lean. ptovickd not than fl...,. {Sl d.111' oi ltd: 1eaw po!E'.CDlsodu l"U' shell be qre.nt.ed then/or.
.urtlCLE 54
EJ,lPLOVEE ilEAL CH.lllGS
At Slat. Iq.-ndMi with Mnploy.. dJninq f",dUUes. lhe '5tH ch..rqed to .mplor-- lor molLs shAll "be .. fc11.o'w's:
s"",1d.., S L
Lunoh L!O
Dlnr..ar 1.;0
:Ieetiv. July 1. 199:2, the rtJtes ,hall inc:r8d$8 6.1 follow.:
8,..):1." S 2.50
Luooh
Dinnu ....00
(New Artlc:lc)
GROUP UFE INSURANCf:
In addition to 4ny life in.3uranec ))ur"\,lant to s.cticn of the Coonectlcut St.4fut11s. optional qrOU? lif:e
In.$1Jrancc CQver..qe UQ m.ulmT,lJ:'l. 01 Iifty thou.and conan; (SSO.ceo) m.Ay 'be br any .-mployee In thot blf"94ininq unit. ..,.no...
1::I"ly cornpen'.!IiHcn I' <!It 1C4,t fortyfive thou.ond Iiv. hundnddolton The actu.al cod. at NCb opdon.u. eQYer.le:- vwl boa
!':llly born. by the Th. S14t. Comp,rol1cr shall deduct the amcl1Jnl frem the cm;J'foo'. pay 4lld ah4l1?4'1 th4
on .uch or pol.tc:i... Any dlvtdends at other refunds or rate aedlta .h4U la the bmcsht el tho St..at.e and. ahdU be a",ptied to the
colt of such hvuranoe. Such opt101''l.tll CCWTOqe .han not be tnd\ld6d ..hen calculattnq tlw AmOunt of lit:. CO\"ecaqoe due
pun",..nt to .s..ctton 5251(0) a! th. Conn.c1iel.rl: Gcnocol
ARTICLE 54
DURATlON Of' AGREaIEHT
'Thi. AQT_tMInl thall be .H.cti.... on July L 1991 and ,}\alI &X;'tr. on Tun. 3:), On 4ftott' J4nuary 1. 1$904ith pcrly!My reque1t
lhl!' to I'W'!qOtl4t. ol -09T'Mmftll by mailinq .uch r-qu.ri (0 the other parlr wn..reu-pcn sMI1 ccaunenc. 5' aeon lU
proct1eabl. ";'ilh 4 vi.... IowaI'd cencludinq on Of be{Ote M.rc:h 15. 1990(.
The pectlc, aqrec to a w.aqtll"eQPC'n4r fot' th. ol neQetialinq th. bas. lo!l14ry for the third 1fIU oC the N4QQtlatiQn.ll ah.a11
eomm.r.a within lhicty (10) do"fl of r.alpt d \o'THten reQ"Uest by elthar patty. c:n &t..- r.bnJat"'[ IS. 1993.
(Agrlcu}IUrM E:rparl..-t SlJItion Addef>dum/
ARTICLE 11
LAVOFF
For put1XJSoej of layoHs 4t Aqrieullur:J Explltim.nt Station, the foUawinQ will opply to th.e of Senior
ScJ..e"uat. Sdentift. AbOdet. 5e:ienU.t, An.olyheol Scienlbt. Sdcriliit :z and A.aiat4nt 1:
I. A POjitlon $h411 be destq:nated for 1.yaH. In. addition te identification by lob cla.JCucaaon 4 discipline .Jhi-U ilCl be apec:Ui.d.
2. Th. individu.o.J holdinq the ,holl di.pla,::. th-I .ut N1lior employ.. W'ithin th.- S4tM icb class!ilat1Cln and di5oC1plin.c.
3. Th. leAlt "Nct .mp.lQy" in Lb. icC classtfil2t1on tr.4Y buMg tM leut ..niot .mployee)n a lower within the cia 5end
an.d d:sc.iphne. the bumper h4.8 Qre.st.ar Mn.ionty.
-4. H no ..,ilJdc.s1 2lenlonly I in 5ny low.r In the t4l'lW d ... ..-n.. and dbdollba. tl -mploy.., be
.ll1ow.-d, to bump "I..... Mniot" employee in a lower dauWeaUon utlh. cLui MACS In .nother pt'Ovided helsh-t I. c:apabl. ol
Inq lh.e duties re<luired In aucn ethel' without furl.her traJnJnq.
5. Thot di.tC2pllnl!'i ldentttled. at d'l. Al:;riculturdl Ex.p.:ril't'.ent. Su.lton 4:-:
Pt.sllt P",tholoqy EntClmolOQY
Ecoloqy F'o,..try oIInd Hodic:ulturoe
Soil 4nd Wctef Bl00:hemi.try and G.t*:ia
ANlytid Ch.mistTy
MEMORANDUM OF UNDERSTANDING
Effective July 1, 1991 negotiated provisions for part-time
employees finalized. These negotiationa provided fpr inclusion
the contract coverage those permanent part-time employees
less than hours per
The provisions incorporated into Article 23 of this agreement
neither enlarge nor diminish wages or fringe benefits as previously
provided to permanent part-time employees working twenty hours and over
per
19
IN WITNESS WHEREOF, the parties have executed the foregoing
Memorandum of Agreement and unit agreements this third day of
February, 1992.
STATE OF CONNECTICUT
By
~ t L ~ ~
-saranneP. Murray
Negotiator for the State
CONNECTICUT STATE EMPLOYEES ASSOCIATION
By
MEMORANDUM OF AGREEMENT
This Agreement is made by and between the Administrative
and Residual Employees Union, Local 4200 CSFT, AFT, AFL-CIO
("Union") designated as exclusive bargaining representative
under the state Employee Collective Bargaining Act, Conn. Gen.
stat. S-270 et seq. ("the Act"), and the State of Connecticut
Executive Branch (the "State"), including those sUbdivisions
thereof which bargain as separate employers under the Act whose
units are covered by this Agreement, for the following
bargaining units:
Administrative and Residual Employees
I. LAYOFFS AND FURLOUGHS
1. May and June Layoffs
An employee who was laid off effective May 30, 1991,
and who elected to retire effective June 1, 1991, and an
employee who was laid off effective June 13, 1991 and who
elected to retire effective July 1, 1991, shall be deemed to
have made a direct transition from State employment to
retirement status and thus be eligible for life insurance
pursuant to Conn. Gen. Stat. S-2S7(d), partial sick leave
payment pursuant to Conn. Gen. Stat. S-247{a) , and prorated
longevity pay pursuant to Conn. Gen. Stat. S-213(b). The
statutory provisions referenced herein are those of the General
Statutes revised to 1991.
2.
arbitrations, prohibited practice charges, lawsuits and other
claims concerning such layoffs shall be withdrawn, and that no I
other claims concerning these layoffs shall be filed or )
October 1991 Expense Reduction Plan
a. Each employee laid off pursuant to the October
1991 ERP shall be offered reinstatement, without back payor
benefits, to the position held prior to layoff. Reinstatements
shall be effective January 10, 1992. No employee who would
otherwise have qualified for an annual increment, lump sum
payment or equivalent shall be denied payment as a result of
being on layoff between October I, and January 10. The terms
of reinstatement shall be in accordance with paragraph 5
below. The Unions agree that any and all grievances,
pursued.
b. Each bargaining unit shall select one of the
following options concerning the ERP furloughs.
I. For units which have no furlough days as part of
their concessions:
F
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A. No payment for furloughs; no withdrawal of
claims;
- OR -
B. Individual employee election of:
56445/2
1.
2.
One-half pay and all claims withdrawn or
Full pay, with days deducted from the
employee's accrued vacation.
f
II.
III.
For units which have a sufficient number of
furlough days as part of their concessions, all
of the ERP furlough days shall be credited or
applied to the furlough day obligation.
For units which do not have a sufficient number
of furlough days as part of their concessions,
all of the ERP furlough days shall be credited or
applied to the furlough day obligation and the
excess shall be in accordance with the unit
election as set forth in IA or B above.
Each unit shall make its election by December 31, 1991,
in writing, to the Office of Labor Relations. For any election
which calls for withdrawal of claims, all grievances,
arbitrations, prohibited practice charges, lawsuits and other
claims cancernining unpaid time under the ERP shall be
withdrawn and no other claims concerning same shall be filed or
pursued.
3. There shall be no additional layoffs which result in
loss of employment during 1991-92. In the event that
programmatic changes require additional position eliminations,
every effort shall be made to effect such reductions by
attrition. If attrition is insufficient, the state and the
Unions shall cooperate in effecting transfer or reassignment,
within a reasonable commuting distance, and/or retraining of
affected employees. This provision is sUbject to modification
in unit
56445/3
4. The above shall not apply to grant or federally
funded positions eliminated or reduced due to loss of or
reduction in funding, or to appointments with termination or
end dates. Nor shall this Agreement prevent giving notices of
layoff or nonrenewal during 1991-92 for actions to be effective
in subsequent year(s), unless expressly provided to the
contrary in a unit agreement.
Further, notwithstanding the above, if any
ernployee(s) is/are reinstated prior to July 1, 1992 as a result
of a grievance, arbitration, prohibited practice charge,
lawsuit or other claim over layoffs/bumping:
(a) If the reinstatement is ordered due to
improper selection the state shall have the
right to layoff the employee(s) who should have been selected.
(b) If the reinstatement results from a finding
of improper subcontracting, the state and the Union shall
reopen negotiations for the purpose of discussing means of
achieving savings needed through June 30, 1992, if any, to
accommodate that reinstatement.
5. Reinstatement from Layoff
a. Any employee who is reinstated from layoff
pursuant to the terms of this Agreement shall, upon
reinstatement, have restored to him/her the accumulated sick
leave balance which was in effect as of the date of layoff.
b. Any employee who is reinstated from Jayoff in
accordance with the provisions of this Agreement shall be
eligible to re-enroll in the same level of group life insurance
5644S/4
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purchased as of the time of layoff, without the waiting period
required for new enrollments pursuant to Conn. Gen. Stat.
5-257.
c. An employee who is reinstated pursuant to the
terms of this Agreement and who is a member of the Tier I
retirement system shall not be eligible for any refund of
contributions based on his/her layoff. Any such employee who
accepts the state's offer of re-employment shall rescind any
pending request for a refund of retirement contributions. If
such refund has already been processed, the employee shall
repay the full amount to the state Retirement System.
d. Any employee who is reinstated from layoff
pursuant to the terms ofthis Agreement, and who was enrolled
in a state group health insurance plan as of the time of
his/her layoff shall be reinstated to the same plan effective
as soon as possible, sUbject to rules and procedures of the
Comptroller's office. The State shall cooperate in ensuring
that, upon enrollment, no employee shall be denied coverage for
a previously covered preexisting condition which occurred after
layoff and prior to reenrollment.
e. Any employee who is reinstated from layoff
pursuant to the terms of this Agreement shall have the option
to purchase vacation time for which he/she received a lump sum
payment at the time of layoff; in accordance with the following:
(1) The employee shall be required to make a
written election to purchase vacation, on a form provided by
5644S/5
the state. Such election must be made not later than one week
following the date of reinstatement, and submitted to the
employee's agency personnel office.
(2) The agency shall inform the employee of the
payment amount required. The payment amount required shall be
the gross wages paid less deductions for retirement
contributions, FICA and income tax withholding. (Adjustments
for these items shall be made by the state.)
(3) Payment due must be made by the employee to
the agency not later than one week following the date of
notification of the amount due.
The State shall cooperate in providing information to the
Labor Department for any employee who purchases vacation and
seeks an adjustment in his/her unemployment compensation.
f. An employee w ~ o is offered reinstatement pursuant
to the terms of this Agreement and who declines shall retain
his/her reemployment rights under the applicable collective
bargaining agreement. The State shall not challenge the
receipt of unemployment benefits by an employee Who remains on
l a y o ~ f .
g. Employees who are reinstated to their original
classifications as a result of the reinstatement from layoff or
bumping under this Agreement shall have their seniority in the
former class restored and bridged upon reemployment.
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5644S/6

II. WAGES AND WAGE RELATED SAVINGS
1. collective Bargaining Increases. Wage increases and
modifications thereof shall be implemented in accordance with
the terms of the unit agreement attached hereto.
2. Annual Increments. Merit and Equivalent Increases.
All employees shall forego one annual increment, lump
sum payment and/or equivalent as provided in the unit agreement
attached hereto.
3. Pension Protection. Any employee who retires from
state service, under the State Employees' Retirement System
("SERS") or the Teachers' Retirement System ("TRS"), during the
period from July 1, 1991 through June 30, 1994, and who, for
the purposes of pension calculation, utilizes any or all of the
1991-92 or 1992-93 contract years for the purpose of
calculating his/her final average earnings, shall be entitled
to include the wage increases Which would have been paid had
the provisions of the unit agreement not been implemented.
Any employee who would have received an annual increment
in 1992 had the provisions of the unit agreement not been
implemented, and who retires from State service under the State
Employees' Retirement System ("SERS") or the Teachers'
5644S/7
)
Retirement System ("TRS"), during' the period from JUly 1, 1991
through June 30, 1994, and-who, for the purposes of pension
calculation, utilizes 1991-92 and/or 1992-93 contract year
earnings for the purpose of calculating his/her final average
earnings, shall be entitled to include the sum of five hundred
dollars ($500.00) (prorated for part-time service) in his/her
final average earnings.
Any employee who benefits from this item 3 shall be
required to make the applicable employee contributions on the
amount of imputed wage increases for which he/she is receiving
the benefit. For example, an employee in Tier I of the SER5
shall be required to pay two percent (2%) (five percent if in
Plan A) on the increase in his/her final average earnings which
results from the application of this section.
4. Furloughs. Credit for furlough days for purposes
of pension, longevity, leave accruals and other benefits shall
be treated in the same manner as leave under the Voluntary
Leave section of this Agreement.
5. Objective Job Evaluation. Except as may be provided
in ~ n i t agreeements, the provisions of this section shall not
affect implementation of objective job evaluation studies
according to existing contracts.
III. WORKERS' COMPENSATION
1. There shall be an expansion of the "safety committee"
concept to additional facilities on a trial basis.
56445/8
2. The parties shall jointly develop fraud avoidance
programs.
IV. LABOR-MANAGEMENT COMMITTEES
1. There will be pilot labor-management committee
projects at three state agencies. The agencies selected for
those pilot projects shall be named by the Governor, after
consultation with representatives of SEBAC, within thirty (30)
days of legislative ratification of this Agreement.
2. Each labor-management committee shall include
approximately equal numbers of representatives of the employer
and the unions which represent employees at the agency.
3. The discussion topics for these labor-management
committees will be focused on issues of economy and efficiency
of operation.
4. The committees will make recommendations, with
implementation at the discretion of the State. Nothing done by
the committees shall be used as a basis for demanding mid-term
bargaining, nor shall the discussions be used by either party
in any pending or future proceedings in any forum, including
but not limited to grievance and interest arbitrations.
V. VOLUNTARY LEAVES AND SCHEDULE
1. Upon request of any employee, or group thereof,and
agreement of the appointing authority, a schedule modification
which reduces the work week or provides enhanced coverage or
56445/9
efficiency, or a voluntary leave of absence may be granted. An
employee who is granted reduced hours or a leave of absence
shall have hiS/her pay reduced accordingly.
2. Approval of any such request, except as may already
be provided in unit contract language, shall be at the sole ~
discretion of the agency, and the grant or denial thereof shall r
not be the sUbject of or the basis for a collateral attack or
grievance review.
3. The agency shall notify the bargaining agent of any
agreements reached or leaves granted hereunder.
,
/
4. Unpaid leave or reduced hours shall not be granted
wherein the employee would fall below the unit threshold for
health insurance benefits. The employer shall notify the .
employee in writing, prior to final agreement, if any such
schedule modifications would impact the accrual of leave time,
or sundry benefits.
5. Voluntary leaves undertaken as a result of these
provisions shall not operate to interrupt the continuous
employment status of the participant.
6. The willingness of the parties to agree to this
provision as a part of the overall settlement shall be without
prejUdice, and shall have no value as precedent.
7. This provision, as well as any leaves and schedule
modifications granted pursuant to this provision, shall sunset
no later than September 1, 1993, unless the appropriate parties
mutually agree to the continuation thereof.
56445/10
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8. Further provisions pertaining to this program are

detailed in Appendix A.
VI. UNIT AGREEMENT
The state and the Union have reached a tentative
agreement to modify the collective bargaining agreement and
implement wage changes and other means of savings as
specifically set forth in the unit agreement attached hereto as
Appendix B.
VII. GENERAL PROVISIONS
1. Those provisions of this Agreement, if any, which
modify the Pension Agreement between the state and SEBAC or
which affect pension and health insurance issues are sUbject to
ratification by SEBAC.
2. Those provisions of this Agreement which modify
and/or extend the collective bargaining agreement have been
ratified by the bargaining unit in accordance with applicable
rules and procedures of the exclusive bargaining representative.
3. This Agreement is sUbject to ratification by the
G e n e ~ a l Assembly.
4. Except as otherwise provided in this Agreement or an
Appendix, disputes over the application of this provisions of
this Agreement shall be resolved through discussion between the
parties.
5644S/11
APPENDIX A
VOLUNTARY LEAVE AND SCHEDULE REDUCTION PROGRAM
A. General Provisions
Upon request of any employee, or group thereof, and
agreement of the appointing authority, a schedule modification
which reduces the work week,or provides enhanced coverage or
efficiency, or a voluntary leave of absence may be granted. An
employee who is granted reduced hours, or a leave of absence, ~
L
shall have his/her pay reduced accordingly.
2. Approval of any such request, except as may already be
provided in unit contract language, shall be at the sole
discretion of the agency and the grant or denial thereof shall
not be the sUbject of, or the basis for, a collateral attack,
or grievance review.
3. The agency shall notify the bargaining agent of any
agreements reached, or leaves granted, hereunder.
4. Unpaid leave, or reduced hours, shall not be granted
wherein the employee would fall below the unit threshold for
health insurance benefits. The employer shall notify the
employee in Writing, prior to final agreement, if any such
schedule modifications would impact the accrual of leave time,
or sundry benefits. Any reduction in hours, or leave of
absence, pursuant to this program shall not affect the
bargaining unit status of the employee participating in the
...-
\
program.
56445/12
.
5. Voluntary leaves undertaken as a result of these
provisions shall not operate to interrupt the continuous
employment status of the participant.
6. The willingness of other parties to agree to this
provision as a part of the overall settlement shall be without
prejudice and shall have no value as precedent.
7. This Agreement, as well as any leaves and schedule
modifications granted pursuant to this Agreement, shall take
effect as soon as practicable following legislative approval
and shall sunset no later than September 1, 1992, unless the
exclusive bargaining representatives and the State mutually
agree to the continuation thereof. This agreement shall be
construed to have retroactive effect if necessary to cover any
leaves granted prior to legislative approval and which began on
or after June 1, 1991.
B. Specific Provisions
1. Plan Options
i. Leave of Absence without Pay - duration between
one and twenty-four weeks. Employee shall return to same or
similar position upon expiration of the leave.
ii. Sporadic Days Off - pre-scheduled days off of
less than one week at a time.
iii. Work Schedule Reductions
Examples: (Based on 35 hr. work week)
4 day work week (20% reduction)
56445/13
)
4 7 1/2-hr. days/wk. (14.3% reduction)
4 8-hr. days/wk. (8.6% reduction)
9 days/pay period. (10% reduction)
half-time (e.g. mornings/afternoons) (50%
reduction) L
iv. Education Leave - days off without pay to
participate in educational programs with availability of
tuition reimbursement assistance as provided for in collective
bargaining agreements.
v. other - any other mutually agreeable plan Which
reduces state payroll costs. THE EMPLOYEE'S UNION
REPRESENTATIVE (IF APPLICABLE) MUST APPROVE ANY REQUESTS UNDER
THIS OPTION.
2. Modifications to Approved Applications - In the event
of a financial emergency, an employee who participates in the
program shall return to his/her regular work schedule as soon
as practicable.
C. Provisions Which May Conflict With Collective Bargaining
,Agreements
The parties agree that certain benefits should continue to
accrue to an employee who participates in this program,
notwithstanding contrary provisions which may exist within
their collective bargaining agreement. A statement'of those
benefits is set forth herein:
5644S/14
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Effect on Benefits and status: An employee whose
application is approved under this program shall be entitled to
benefits as follows:
1. Health and Life Insurance - During the period of any
leave of absence, or work schedule reduction, approved in
accordance with the agreement, an employee's health and life
insurance shall continue on the same basis as prior to the .,
leave of schedule mOdification. In order to continue these
insurance coverages during such leave, the employee shall
contribute that portion of the premiums the employee would have
been required to contribute had the employee remained an active
employee during the leave period.
2. Seniority - An employee shall receive any seniority
credit for time lost as a result of a reduced work schedule
time or a leave of absence under the agreement. Thus, an
employee participation in this program shall receive full
seniority credit and will not have seniority prorated.
3. vacation and sick Leave Accruals -
i. An employee on a reduced work schedule pursuant
to the agreement shall continue to accrue his/her vacation and
sick-leave at the individual's rate of 'accrual prior to
participation in the program and shall not lose his/her accrual
of vacation and sick leave for any month of such schedule
modification.
56445/15
)
ii. An employee who takes a leave of absence without
pay shall continue to accrue sick leave and vacation for up to
two months subject to any accrual maximums in the employee's
collective bargaining agreement. An employee who takes a leave
of absence for more than two months will cease accruing
vacation and sick leave after the first two months. In order
to be eligible for payment for these accruals, an employee must
be reinstated from the leave for at least two months.
4. Holidays - Holiday benefits will be paid in accordance
with the employee's collective bargaining agreement based upon
the leave of absence, except that those on a reduced work
schedule shall receive prorata credit for any holiday falling
on a day on which he/she is not scheduled to work as a direct
result of this program. In no event shall the number of hours
of holiday credit exceed that granted to a full-time employee
working a standard work schedUle.
Examples:
i. Employee on leave of absence for month of July
receives no holiday credit for July 4.
ii. Employee reduces schedule to 4-day work week,
. Monday - Thursday, receives full pay for holiday on Thursday,
July 4, (not to exceed the number of hours in a full-time day).
iii. Employee reduces schedule to 4-day work week,
with Thursdays off, receives 80% holiday credit (recorded as
earned time) despite the fact that he/she was not scheduled to
work Thursdays.
56445/16
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iv. Employee reduces schedule from 35 to 32
hours/week by increasing the daily hours scheduled from 7 to 8;
the holiday benefit cannot exceed 7 hours, equivalent to that
granted a f u l l ~ t i m e employee. Therefore:
a) if scheduled to work Thursday - receives 7
hours holiday pay for July 4 holiday and may supplement with 1
hour accrued vacation or receives 31 hours pay.
b) if scheduled off on Thursdays - receives
32/35 holiday credit (recorded as earned time).
5. Workers' Compensation - Benefits will continue to be
determined under Statutes.
NOTE:
6.
Some agencies will revert to the standard work
schedule during holiday weeks, in the same manner in
Which they currently revert full-time, 4-day work
weeks.
Longevity - An employee shall be entitled to the full
)
longevity benefit without regard to the leave of absence or
reduced work schedule. (Payment to an employee on leave under
section B.1.i. shall be paid in accordance with Regulation
5-213-1, if applicable.)
7. Working Test Period - An employee on a promotional
working test period will be required to successfully complete
the equivalent of a full-time working test period. (Employees
on an initial working test period are not eligible for the
program.)
8. overtime - Payment shall continue in accordance with
the collective bargaining agreement or regulation (if
56445/17
)
applicable). Reduction hours will not be counted as time
worked in determining eligibility for overtime payments.
9. Pensions-
i. A member of Tier I who is granted a leave of
absence without pay under this program will be entitled to
purchase credit for each month of leave at the rate of five (5)
percent of his/her salary at the time leave is granted, plus
interest at five (5) percent per year.
ii. A member to Tier I who is granted a reduction in
work schedule under this program will be entitled to purchase
credit for a period equivalent to the reduction for each month
of the reduction at the rate of five (5) percent of his/her
salary at the time he/she applied for the credit.
iii. Time not worked under this program (under any
option) will not count towards vesting service under Tier 1
unless the employee is at least age sixty (60). For employees
under Tier II the time will count for both vesting and credited
service.
iv. A Tier II member is not required to contribute in
order to receive credit for time not worked under this program
except that hazardous duty members must make contributions
equal to four (4) percent of salary.
10. Miscellaneous Benefits
(a) Where existing collective bargainingagreement(s)
provide specific language on qualification for or prorating of
56445/18
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compensation items such as stipends and/or fringe benefits,
those contracts shall govern.
(b) In all other disputes involving contractual or
statutory benefits or stipends, employees shall be protected
from losses which are not specifically described in this
Agreement or the written voluntary leave agreements with the
Agency that are prepared pursuant to section A.4. of this
Agreement.
(c) In clarification of Section II; subsection 1 of
the SEBAC agreement, proration of the five hundred dollar
($500.00) addition to final average earnings shall only ocCur
for those employees holding part-time positions, not those with
reduced schedules pursuant to the voluntary leave agreement
between the parties.
56445/19
)
)
APPENDIX B
UNIT AGREEMENT
STATE OF CONNECTICUT
ADMINISTRATIVE AND RESIDUAL EMPLOYEES UNION,
LOCAL 4200, AFT/CSFT, AFL-CIO
ADMINISTRATIVE AND RESIDUAL (P-5) BARGAINING UNIT
The State of Connecticut (the "state") and the
Administrative and Residual Employees Union, Local 4200,
AFT/CSFT, AFL-CIO (the "Union"), agree as,follows:
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1. The collective bargaining agreement between the State
and the Union which is currently in force is hereby extended to
June 30, 1994. Article 44 of the contract is therefore revised
to provide for an expiration date of June 30, 1994.
2. Article 24, section One of the contract is deleted and
the following substituted in lieu thereof:
5644S/20
(a) Effective July 13, 1990, the base annual salary
for all bargaining unit employees shall be
increased by four percent (4%).
(b) Effective July 12, 1991, the base annual salary
for all employees shall be increased by five
percent (5%).
(c) Effective May 14, 1993, the base annual salary
for all employees shall be increased by four and
one-half percent (4.5%).
(d) This agreement will be reopened for the purposes
of negotiating the amount of any general wage
increase and the effective date thereof for the
final year. of the agreement (1993-94).
(e) Effective July 1, 1989 and thereafter, all
employees who are on the maximum step of the
salary schedule, who receive no Annual Increment,
shall receive a lump sum payment of two and
one-half percent (2.5%) of their annual rate.
Lump sum payments will be paid when the Annual
Increment would have applied. The provisions of
this section notwithstanding, no lump sum
payments shall be made during the calendar year
1992.
3. Article 24, Section Two of the contract is revised to
read:
Employees will continue to be eligible for and receive
annual increments during the term of this contract in
accordance with existing practice; provided, however,
the annual increment will not be paid for the 1992,
calendar year.
Employees who are on the maximum step ofthe salary
schedule, who receive no annual increment, shall
receive a lump sum payment of two and one-half percent
(2.5%) of their annual rate. Lump sum payments will
be paid when the annual increment would have applied.
No lump sum payments shall be made during the calendar
year 1992.
4. In all other respects, the provisions of the 1990-1993
contract remain in effect. Economic provisions such as, but
not limited to, tuition funds, conference funds, night shift
56445/21
)
differential and weekend differential shall continue in 1993-94
at the same rates as established for the 1992-93 contract year.
5. Furloughs. Each bargaining unit member shall take
five (5) furlough days (the equivalent of five days of pay)
during the 1991-92 fiscal year. Employees may credit the
furlough days taken as a result of the October Expense
Reduction Plan towards the five (5) furlough days. Credit for
furlough days for purposes of pension, longevity, leave
accruals and other benefits shall be treated in the same manner
as leave under the Voluntary Leave section of this Agreement.
An employee who was laid off and reinstated effective
January 10, 1992 shall have his/her ERP furlough days counted
toward the five (5) required furlough days. Such employee
shall not be required to serve more than one (1) additional
furlough day.for the balance of the 1991-92 fiscal year.
6. This Agreement is SUbject to approval by the General
Assembly.
56445/22
I
i
I
L
IN WITNESS WHEREOF, the parties have executed the foregoing
Memorandum of Agreement and unit agreement this third day of
February, 1992.
STATE OF CONNECTICUT
By JarCrLru-7/liwUL0:g- ,
'Saranne P. Murray ~
Negotiator for the State -UCT
ADMINISTRATIVE AND RESIDUAL EMPLOYEES UNION
By
5644S/23
MEMORANDUM OF AGREEMENT
This Agreement is made by and between the New England
Health Care Employees Union, District 1199, SEIU, AFL-CIO
("Union") designated as exclusive bargaining representative
under the state Employee Collective Bargaining Act, Conn.
Gen. stat. 5-Z70 et seq. ("the Act"), and the state of
Connecticut Executive Branch (the "State"), including those
subdivisions thereof which bargain as separate employers
under the Act whose units are covered by this Agreement, for
the following bargaining units:
Health Care paraprofessionals (NP-6)
Health Care Professionals (P-1)
I. LAYOFFS AND FURLOUGHS
1. May and June Layoffs
An employee who was laid off effective May 30,
1991, and who elected to retire effective June 1, 1991, and
an employee who was laid off effective June 13, 1991 and who
elected to retire effective July 1, 1991, shall be deemed to
have made a direct transition from state employment to
retirement status and thus be eligible for life insurance
pursuant to Conn. Gen. stat. S-ZS7(d) , partial siCk leave
payment pursuant to Conn. Gen. stat. S-Z47(a) , and prorated
longevity pay pursuant to Conn. Gen. stat. S-Z13(b). The
statutory provisions referenced herein are those of the
General statutes revised to 1 9 9 1 ~
)
2. October 1991 Expense Reduction Plan
a. Each employee laid off pursuant to the October
1991 ERP shall be offered reinstatement, without back payor
benefits, to the position held prior to layoff.
Reinstatements shall be effective January 10, 1992. No
employee who would otherwise have qualified for an annual
increment, lump sum payment or equivalent shall be denied
payment as a result of being on layoff between October 1, and
January 10. The terms of reinstatement shall be in
accordance with paragraph 5 below. The Unions agree that any
and all grievances, arbitrations, prohibited practice
charges, lawsuits and other claims concerning such layoffs
shall be withdrawn, and that no other claims concerning these
layoffs shall be filed or pursued.
b. Each bargaining unit shall select one of the
following options concerning the ERP furloughs.
I. For units which have no furlough days as part
of their concessions:
A. No payment for furloughs; no withdrawal of
claims;
- OR -
B. Individual employee election of:
1. One-half pay and all claims withdrawn
or
2. Full pay, with days deducted from the
employee's accrued vacation.
II. For units which have a sufficient number of
furlough days as part of their concessions, all
of the ERP furlough days shall be credited or
applied to the furlough day obligation.
III. For units which do not have a sufficient number
of furlough days as part of their concessions,
all of the ERP furlough days shall be credited
or applied to the furlough day obligation and
the excess shall be in accordance with the unit
election as set forth in IA or B above.
Each unit shall make its election by December 31, 1991,
in writing, to the Office of Labor Relations. For any_
election which calls for withdrawal of claims, all
grievances, arbitrations, prohibited practice charges,
lawsuits and other claims concerning unpaid time under the
ERP shall be withdrawn and no other claims concerning same
shall be filed or pursued.
3. There shall be no additional layoffs which result in
loss of employment during 1991-92. In the event that
programmatic changes require additional position
eliminations, every effort shall be made to effect such
reductions by attrition. If attrition is insufficient, the
State and the Unions shall cooperate in effecting transfer or
reassignment, within a reasonable commuting distance, and/or
retraining of affected employees. This provision is subject
to modification in the unit agreements.
-3-
4. The above shall not apply to grant or federally
funded positions eliminated or reduced due to loss of or
reduction in funding, or to appointments with termination or
end dates. Nor shall this Agreement prevent giving notices
of layoff or nonrenewal during 1991-92 for actions to be
effective in subsequent year(s), unless expressly provided to
the contrary in a unit agreement.
Further, notwithstanding the above, if any
employee(s) is/are reinstated prior to JUly 1, 1992 as a
result of a grievance, arbitration, prohibited practice
charge, lawsuit or other claim over layoffs/bumping:
(a) If the reinstatement is ordered due to
improper selection the state shall have the
right to layoff the employee(s) who should have been
selected.
(b) If the reinstatement results from a
finding of improper subcontracting, the State and the Union
shall reopen negotiations for the purpose of discussing means
of achieving savings needed through June 30, 1992, if any, to
accommodate that reinstatement.
5. Reinstatement from Layoff
a. Any employee who is reinstated from layoff
pursuant to the terms of this Agreement shall, upon
reinstatement, have restored to him/her the accumulated sick
leave balance which was in effect as of the date of layoff.
-4-
b. Any employee who is reinstated from layoff in
accordance with the provisions of this Agreement shall be
eligible to re-enroll in the same level of group life
insurance purchased as of the time of layoff, without the
waiting period required for new enrollments pursuant to Conn.
Gen. stat. 5-257.
c. An employee who is reinstated pursuant to the
terms of this Agreement and who is a member of the Tier I
retirement system shall not be eligible for any refung of
contributions based on his/her layoff. Any such employee who
accepts the state's offer of re-employment shall rescind any
pending request for a refund of retirement contributions. If
such refund has already been the employee shall
repay the full amount to the state Retirement System.
d. Any employee who is reinstated from layoff
pursuant to the terms of this Agreement, and who was enrolled
in a state group health insurance plan as of the time of
his/her layoff shall be reinstated to the same plan effective
as soon as possible, sUbject to rules and procedures of the
Comptroller's office. The State shall cooperate in ensuring
that, upon enrollment, no employee shall be denied coverage
for a previously covered preexisting condition which occurred
after layoff and prior to reenrollment.
e. Any employee who is reinstated from layoff
pursuant to the terms of this Agreement shall have the option
to purchase vacation time for which he/she received a lump
-5-
sum payment at the time of layoff, in accordance with the
following:
(l) The employee shall be required to make a
written election to purchase vacation, on a form provided by
the state. Such election must be made not later than one
week following the date of reinstatement, and submitted to
the employee's agency personnel office.
(2) The agency shall inform the employee of
the payment amount required. The payment amount required
shall be the gross wages paid less deductions.for retirement
contributions, FICA and income tax withholding. (Adjustments
for these items shall be made by the State.)
(3) Payment due must be made by the employee
to the agency not later than one week following the date of
notification of the amount due.
The State shall cooperate in providing information to the
Labor Department for any employee who purchases vacation and
seeks an adjustment in his/her unemployment compensation.
f. An employee who is offered reinstatement
pursuant to the terms of this Agreement and who declines
shall retain his/her reemployment rights under the applicable
collective bargaining agreement. The State shall not
challenge the receipt of unemployment benefits by an employee
who remains on layoff.
-6-
II. WAGES WAGE RELATED SAVINGS
1. Collective Bargaining Increases. Wage increases
and modifications thereof shall be implemented in accordance
with the terms of individual unit agreements attached hereto.
2. Annual Increments, Merit and Eguivalent Increases.
a. Except as may be provided in unit agreements,
in units which do not have 1991-92 contracts, employees will
keep their JUly 1991 and January 1992 annual increments,
merit increases, lump sum payments and/or For
these units, annual increments, lump sum payments and/or
equivalents, shall not be paid for the contract year 1992-93.
b. Except as may be provided in unit agreements,
in units which have 1991-92 contracts, employees will
their July 1991 annual increments, merit increases, lump sum
payments and/or equivalents. For these units, annual
increments, lump sum payments and/or equivalents, shall not
be paid in January 1992 and July 1993.
c. Units with other than July and January dates
shall forego one annual increment, lump sum payment and/or
equivalent on the applicable dates.
3. Pension Protection. Any employee Who retires from
state service, under the state Employees' Retirement System
("SERS") or the Teachers' Retirement System ("TRS"), during
the period from July 1, 1991 through June 30, 1994, and Who,
for the purposes of pension calculation, utilizes any or all
of the 1991-92 or 1992-93 contract years for the purpose of
-7-
calculating his/her final average earnings, shall be entitled
to include the wage increases which would have been paid had
the provisiuns of paragraph 1 supra and the related unit
agreements not been implemented.
Any employee who would have received an annual
increment in 1992-93 had the provisions of paragraph 2,
supra, not been implemented, and who retires from state
service under the state Employees' Retirement System ("SERS")
or the Teachers' Retirement System ("TRS"), during the_period
from July 1, 1991 through June 30, 1994, and who, for the
purposes of pension calculation, utilizes 1992-93 contract
year earnings for the purpose of calculating his/her final
average earnings, shall be entitled to include the sum of
five hundred dollars ($500.00) (prorated for part-time
service) in his/her final average earnings.
In order to provide pension protection for employees
covered by the Alternate Retirement Program ("ARP") , if an
employee enrolled exclusively in ARP leaves State service
during the period from July 1, 1991 through June 30, 1994,
and at the time of separation has at least ten (10) years of
actual State service, the State shall make the employer
contribution to ARP on the wage increases which would have
been paid on his/her salary during the 1991-92 and/or 1992-93
contract years, if the provisions of paragraph 1 supra had
not been implemented. Implementation of this provision is
sUbject to the approval of TIAA-CREF.
-8-
)
Any employee who benefits from this item 3 shall be
required to make the applicable employee contributions on the
amount of imputed wage increases for which he/she is
receiving the benefit. For example, an employee in Tier I of
the SERS shall be required to pay two percent (2%) (five
percent if in Plan A) on the increase in his/her final
average earnings which results from the application of this
section.
4. Furloughs. Credit for furlough days for purposes
of .pension, longevity, leave accruals and other benefits
shall be treated in the same manner as leave under the
Voluntary Leave section of this Agreement.
5. Objective Job Evaluation. Except as may be
provided in unit agreements, the provisions of this section
shall not affect implementation of objective job evaluation
studies according to existing contracts.
III. WORKERS' COMPENSATION
1. There shall be an expansion of the "safety
committee" concept to additional facilities on a trial basis.
2. The parties shall jointly develop fraud avoidance
programs.
IV. LABOR-MANAGEMENT COMMITTEES
1. There will be pilot labor-management committee
projects at three state agencies. The agencies selected for
those pilot projects shall be named by the Governor, after
consultation with representatives of SEBAC, within thirty
-9-
(30) days of legislative ratification of this Agreement.
2. Each labor-management committee shall include
approximately equal numbers of representatives of the
employer and the unions wnich represent employees at the
agency.
3. The discussion topics for these labor-management
committees will be focused on issues of economy and
efficiency of operation.
4. The committees will make recommendations, with
implementation at the discretion of the state. Nothing done
by the committees shall be used as a basis for demanding mid-
term bargaining, nor shall the discussions be used by either
party in.any pending or future proceedings in any forum,
including but not limited to grievance and interest
arbitrations.
V. VOLUNTARY LEAVES AND SCHEDULE MODIFICATIONS
1. Upon request of any employee, or group thereof, and
agreement of the appointing authority, a schedule
modification which reduces the work week or provides enhanced
coverage or efficiency, or a voluntary leave of absence may
be granted. An employee who is granted reduced hours or a
leave of absence shall have his/her pay reduced accordingly.
2. Approval of any such request, except as may already
be provided in unit contract language, shall be at the sole
discretion of the agency, and the grant or denial thereof
-10-
shall not be the sUbject of or the basis for a collateral
attack or grievance review.
3. The agency shall notify the bargaining agent of any
agreements reached or leaves granted hereunder.
4. Unpaid leave or reduced hours shall not be granted
wherein the employee would fall below the unit threshold for
health insurance benefits. The employer shall notify the
employee in writing, prior to final agreement, if any such
schedule modifications would impact the accrual of leave
time, or sundry benefits.
5. Voluntary leaves undertaken as a result of these
provisions shall not operate to interrupt the continuous
employment status of the participant.
6. The willingness of the parties to agree to this
provision as a part of the overall settlement shall be
without prejudice, and shall have no value as precedent.
7. This provision, as well as any leaves and schedule
modifications granted pursuant to this provision, shall
sunset no later than September 1, 1993, unless the
appropriate parties mutually agree to the continuation
thereof.
8. Further provisions pertaining to this program are
detailed in Appendix A.
VI. UNIT AGREEMENTS
The State and the Union have reached tentative
agreements to extend collective bargaining agreements and
-11-
implement wage changes and other means of savings as
specifically set forth in the unit agreement(s) attached
hereto as Appendix B.
VII. GENERAL PROVISIONS
1. Those provisions of this Agreement, if any, which
modify the Pension Agreement between the state and SEBAC or
which affect pension and health insurance issues are sUbject
to ratification by SEBAC.
2. Those provisions of this Agreement which modify
and/or extend individual unit collective bargaining
agreements are sUbject to ratification by each of the
bargaining units in accordance with applicable rules and
procedures. of the .exclusive bargaining representative.
3. Any individual bargaining unit which fails to
ratify this Agreement and/or the related unit agreement shall
not be entitled to the benefits and protections of this
Agreement.
4. This Agreement is sUbject to ratification by the
General Assembly.
5. Except as otherwise provided in this Agreement or
an Appendix, disputes over the application of this provisions
of this Agreement shall be resolved through discussion
between the parties.
-12-
APPENDIX A
VOLUNTARY LEAVE AND SCHEDULE REDUCTION PROGRAM
A. General Provisions
1. upon request of any employee, or group thereof, and
agreement of the appointing authority, a schedule
modification which reduces the work week, or provides
enhanced coverage or efficiency, or a voluntary leave of
absence may be granted. An employee who is granted reduced
hours, or a leave of absence, shall have his/her pay reduced
accordingly.
2. Approval of any such request, except as may already
be provided in unit contract language, shall be at the sole
discretion of the agency and the grant or denial thereof
shall not be the sUbject of, or the basis for, a collateral
attack, or grievance review.
3. The agency shall notify the bargaining agent of any
agreements reached, or leaves granted, hereunder.
4. Unpaid leave, or reduced hours, shall not be granted
wherein the employee would fall below the unit threshold for
health insurance benefits. The employer shall notify the
employee in writing, prior to final agreement, if any such
schedule modifications would impact the accrual .of leave
time, or sundry benefits. Any reduction in hours, or leave
of absence, pursuant to this program shall not affect the
bargaining unit status of the employee participating in the
program.
-13-
)
5. Voluntary leaves undertaken as a result of these
provisions shall not operate to interrupt the continuous
employment status of the participant.
6. The willingness of other parties to agree to this
provision as a part of the overall settlement shall be
without prejudice and shall have no value as precedent.
7. This Agreement, as well as any leaves and schedule
modifications granted pursuant to this Agreement, shall take
effect as soon as practicable following legislative approval
and shall sunset no later than September 1, 1992, unless the
exclusive bargaining representatives and the State mutually
agree to the continuation thereof. This agreement shall be
construed to effect if necessary to cover
any leaves granted prior to legislative approval and which
began on or after June 1, 1991.
B. Specific Provisions
1. Plan options
i. Leave of Absence without Pay - duration between
one and twenty-four weeks. Employee shall return to same or
similar position upon expiration of the leave.
ii. Sporadic Days Off - pre-scheduled days off of
less than one week at a time.
iii. Work Schedule Reductions
Examples: (Based on 35 hr. work week)
4 day work week (20% reduction)
4 7 1/2-hr. days/wk. (14.3% reduction)
-14-
)
4 8-hr. days/wk. (8.6% reduction)
9 days/pay period. (10% reduction)
half-time (e.g. mornings/afternoons) (50%
reduction)
iv. Education Leave - days off without pay to
participate in educational programs with availability of
tuition reimbursement assistance. as provided for in
collective bargaining agreements.
v. other - any other mutually agreeable plan which
reduces state payroll costs. THE & ~ L O Y E E ' S UNION
REPRESENTATIVE (IF APPLICABLE) MUST APPROVE ANY REQUESTS
UNDER THIS OPTION.
2.. Modifications to Approved Applications - J;n the
event of a financial emergency, an employee who participates
in the program shall return to his/her regular work schedule
as soon as practicable.
C. Provisions Which May Conflict with Collective Bargaining
Agreements
The parties agree that certain benefits should continue
to accrue to an employee who participates in this program,
notwithstanding contrary provisions which may exist within
their collective bargaining agreement. A statement of those
benefits is set forth herein:
Effect on Benefits' and Status: An employee whose
application is approved under this program shall be entitled
to benefits as follows:
-15-
1. Health and Life Insurance - During the period of any
leave of absence, or work schedule reduction, approved in
accordance with the agreement, an employee's health and life
insurance shall continue on the same basis as prior to the
leave of schedule modification. In order to continue these
insurance coverages during such leave, the employee shall
contribute that portion of the premiums the employee would
have been required to contribute had the employee remained an
active employee during the leave period.
2. Seniority - An employee shall receive any seniority
"credit for time lost as a result of a reduced work schedule
time or a leave of absence under the agreement. Thus, an
employee participation in this program shall receive full
seniority credit and will not have seniority prorated.
3. vacation and sick Leave Accruals -
i. An employee on a reduced work schedule pursuant
to the agreement shall continue to accrue his/her vacation
and sick leave at the individual's rate of accrual prior to
participation in the program and shall not lose his/her
accrual of vacation and sick leave for any month of such
schedule modification.
ii. An employee who takes a leave of absence
without pay shall continue to accrue sick leave and vacation
for up to two months sUbject to ant"accrual maximums in the
employee's collective bargaining agreement. An employee who
takes a leave of absence for more than two months will cease
-i6-
accruing vacation and sick leave after the first two months.
In order to be eligible for payment for these accruals, an
employee must be reinstated from the leave for at least two
months.
4. Holidays - Holiday benefits will be paid in
accordance with the employee's collective bargaining
agreement based upon the leave of absence, except that those
on a reduced work schedule shall receive prorata credit for
any holiday falling on a day on which he/she is not s9heduled
to work as a direct result of this program. In no event
shall the number of hours of holiday credit exceed that
granted to a full-time employee working a.standard work
schedule.
Examples:
i. Employee on leave of absence for month of July
receives no holiday credit for July 4.
ii. Employee reduces schedule to 4-day work week,
Monday - Thursday, receives full pay for holiday on Thursday,
July 4, (not to exceed the number of hours in a full-time
day) .
iii. Employee reduces schedule to 4-day work week,
with Thursdays off, receives 80% holiday credit (recorded as
earned time) despite the fact that he/she was not scheduled
to work Thursdays.
iv. Employee reduces schedule from 35 to 32
hours/week by increasing the daily hours scheduled from 7 to
-17-
8; the holiday benefit cannot exceed 7 hours, equivalent to
that granted a full-.time employee. Therefore:
a) if scheduled to work Thursday - receives 7
hours holiday pay for July 4 holiday and may supplement with
1 hour accrued vacation or receives 31 hours pay.
b) if scheduled off on Thursdays receives
32/35 holiday credit (recorded as earned time).
NOTE: Some agencies will revert to the standard work
schedule during holiday weeks, in the same manner in
which they currently revert full-time, 4-day work
weeks.
)
5. Workers' compensation - Benefits will continue to be
..
-determined under Statutes.
6. Longevity-- An employee shall be entitled to the
full longevity benefit without regard to the leave of absence
or reduced work schedule. (Payment to an employee on leave
)
under section B.l.i. shall be paid in accordance with
Regulation 5-213-1, if applicable.)
7. Working Test Period - An employee on a promotional
working test period will be required to successfully complete
the equivalent of a full-time working test period.
(Employees on an initial working test period are not eligible
for the program.)
8. Overtime - Payment shall continue in accordance with
the .collective bargaining agreement or regulation (if
applicable). Reduction hours will not be counted as time
worked in determining eligibility for overtime payments.
-18-
)
9. pensions-
i. A member of Tier I who is granted a leave of
absence without pay under this program will be entitled to
purchase credit for each month of leave at the rate of five
(5) percent of his/her salary at the time leave is granted,
plus interest at five (5) percent per year.
ii. A member to Tier I who is granted a reduction
in work schedule under this program will be entitled to
purchase credit for a period equivalent to the reduction for
each month of the reduction at the rate of five (5) percent
of his/her salary at the time he/she applied for the credit.
iii. Time not worked under this program (under any
option) will not count towards vesting service under Tier.l
unless the employee is at least age sixty (60). For
employees under Tier II the time will count for both vesting
and credited service.
iv. A Tier II member is not required to contribute
in order to receive credit for time not worked under this
program except that hazardous duty members must make
contributions equal to four (4) percent of salary.
10. Miscellaneous Benefits
(a) Where existing collective bargaining
agreement(s) provide specific language on qualification for
or proratinq of compensation items such as stipends and/or
fringe benefits, those contracts shall govern.
-19-
(b) In all other disputes involving contractual or
statutory benefits or stipendS, employees shall be protected
from losses which are not specifically described in this
Agreement or the written voluntary leave agreements with the
Agency that are prepared pursuant to section A.4. of this
Agreement.
(c) In clarification of section II, subsection 1 of
the SEBAC agreement, proration of the five hundred dollar
($500.00) addition to final average earnings shall onlroccur
for those employees holding part-time positions, not those
with reduced schedules pursuant to the voluntary leave
agreement between the parties ..
-20-
APPENDIX B
UNIT AGREEMENT
-21-
MEMORANDUM OF AGREEMENT
BETWEEN
THE STATE OF CONNECTICUT
AND
NEW ENGLAND HEALTH CARE EMPLOYEES UNION, DISTRICT 1199,
SEIU, AFL-CIO
PROFESSIONAL HEALTH CARE EMPLOYEES (P-1) BARGAINING UNIT
The state of Connecticut (the "state") and the New
England Health Care Employees Union (the "Union") agree as
follows:
1. The collective bargaining agreement between the
state and the Union is hereby extended for one year.
Accordingly, the expiration date of Article 47 shall be
changed from June 30, 1992 to June 30, 1993.
2. The expiration date of the Sunset Clause of Article
6(c) of the contract between the state and the Union is
revised to June 30, 1993.
3. Article 9, section One (a) of the contract is
revised to add the following:
Effective for thirteen (13) full pay periods in
1991-92, and extending through July 10, 1992, the
base annual salary of all employees shall be
decreased by three percent (3%).
Effective May 14, 1993, the base annual salary shall
be increased by four and one-half percent (4.5%) .
4. Article 9, Section Two of the contract between the
State and the Union is revised to read:
-22-
Annual Increments. Annual increments will not be
paid for the January 1992 and July 1992 increment
dates. Otherwise, employees will continue to be
eligible for and receive annual increments during
the term of this contract in accordance with
existing practice.
5. The first paragraph of Article 32, Section Two of
the contract between the State and the Union is revised to
read:
An employee who is required to use his/her personal
vehicle in the performance of duty shall be
reimbursed at the rate of twenty cents ($.20) per
mile. Effective July 1, 1992, mileage reimbursement
shall be paid at the rate established by the U.S.
General Services Administration. The rate shall be
readjusted within thirty (30) days of any
readjustment by the U.S. General Services
Administration.
6. In all other respects, the provisions of the
existing contract remain in effect. Economic provisions,
such as but not limited to tuitiqn funds, conference funds,
night shift differential and weekend differential shall
continue for 1992-93 at the same rates as established for the
1991-92 contract year.
7. All bargaining unit employees shall be assigned two
(2) furlough days in 1991-92. Employees who cannot be
assigned furlough days due to staffing requirements shall
forego two (2) days of holiday pay. It is the intention of
this provision that each bargaining unit employee forego two
days' wages in contract year 1991-92 without any cost for
replacement to the State.
-23-
8. This Agreement is sUbject to approval by the General
Assembly.
NEW ENGLAND HEALTH CARE
EMPLOYEES UNION
STATE OF CONNECTICUT
Date
)
Date
-24-
By
v!ffUft/r!- Y: )kfAAlf
-1 s-.If ;;'r-
)
/
MEMORANDUM OF AGREEMENT
BETWEEN
THE STATE OF CONNECTICUT
NEW ENGLAND HEALTH CARE EMPLOYEES UNION, DISTRICT 1199,
SEIU, AFL-CIO
PARAPROFESSIONAL HEALTH CARE EMPLOEES (NP-6) BARGAINING UNIT
The state of Connecticut (the "state") and the New
England Health Care Employees Union (the "Union") agree as
follows:
1. The collective bargaining agreement between the
state and the Union is hereby extended for one year.
Accordingly, the expiration date of Article 47 shall be
changed from June 30, 1992 to June 30, 1993.
2. The expiration date of the Sunset Clause of Article
6(c) of the contract between the state and the Union is
revised to June 30, 1993.
3. Article 9, Section One (a) of the contract is
revised to add the following:
Effective for thirteen (13) full pay periods in
1991-92, and extending through July 10, 1992, the
base annual salary of all employees shall be
decreased by three percent (3%).
Effective May 14, 1993, the base annual salary shall
be increased by four and one-half percent (4.5%).
4. Article 9, section One (b) of the contract between
the State and the Union is deleted and the following
substituted in lieu thereof:
-25-
Notwithstanding (a) above, new hires in the
classifications listed below shall be paid at the
step One rate in the appropriate Salary Grade less
the general wage increase of the contract year in
which they were hired. Upon receiving an annual
increment, such new employees shall advance to the
regular step Two of the salary schedule. An
employee in this status who is denied an annual
increment shall be placed on the regular Step One of
the salary schedule:
Mental Health Worker Trainee
Mental Health Worker
Mental Retardation Worker I
Children Services Assistant
Children Services Worker
The provisions of this subsection notwithstanding,
an employee in this status who would otherwise have
received an annual increment in 1992 but does not
receive an increment because this Agreement, shall
be placed on Step One of the salary schedule on the
date when he/she otherwise would have moved to Step
Two.
5. Article 9, Section Two of the contract between the
state and the Union is revised to read:
Annual Increments. Annual increments will not be
paid for the January 1992 and July 1992 increment
dates. Otherwise, employees will continue to be
eligible for and receive annual increments during
the term of this contract in accordance with
existing practice.
6. The first paragraph of Article 32, Section Two of
the contract between the State and the Union is revised to
read:
An employee who is required to use his/her personal
vehicle in the performance of duty shall be
reimbursed at the rate of twenty cents ($.20) per
mile. Effective July 1, 1992, mileage reimbursement
shall be paid at the rate established by the U.S.
General Services Administration. The rate shall be
readjusted within thirty (30) days of any
readjustment by the U.S. General services
Administration.
-26-
7. In all other respects, the provisions of the
existing contract remain in effect. Economic provisions,
such as but not limited to tuition funds, conference funds,
night shift differential and weekend differential shall
continue in 1992-93 at the same rates as established for the
1991-92 contract year.
8. All bargaining unit employees shall be assigned two
(2) furlough days in 1991-92. Employees who cannot be
assigned furlough days due to staffing requirements shall
forego two (2) days of holiday pay. It is the intention of
this provision that each bargaining unit employee forego two
days' wages in contract year 1991-92 without any cost for
replacement to the state.
9. This Agreement is subject to approval by the General
Assembly.
NEW ENGLAND HEALTH CARE
EMPLOYEES UNION
STATE OF CONNECTICUT
Date Date
-27-
By
zhutU:/le rrP~
///!;;.jr3
Memorandum of Agreement
(Contract Reopener & Extension)
NP-6 Health Care Non Professional
Estimated Budget Requirement'
General Fund
Fiscal Year Fiscal Year Fiscal Year
Contract Item 1991-92 1992-93 1993-94
S S S
1991-92 CONTRACT YEAR (REOPENER)
1. 3% Wage Decrease (2,147)00) (165200)
from 12/13/91 to 6/26/92
2. No January 1992 Annual (l.721.300) (3,729,600) (3,729,60])
Increments Paid
3.2 Furlough Days - All Employees (1,070200)
---------- --------- -------
TOTAL CONTRACT SAVINGS 1991-92 (4,939200) (3,894,800) (3,729,600)
1992-93 CONTRACT YEAR (EXTENSION)
Anticipated Budget Requirement 8,056,800 10,670,100
)
Negotiated Contract
1.4.5% Wage Increase Eft. 5/14/93 SOl ,500 6,611.000
2. January 1993 Annual Increments l.721,300 3,729,600
(No July 1.992 A.1.'s)
3. Mileage Increase to GSA Rate Minimal Minimal
------------- ---------
TOTAL CONTRACT ITEMS 1992-93 2222,800 10,340,600
TOTAL CONTRACT SAVINGS 1992-93 (5,834,000) (329,500)
TOTAL CONTRACT SAVINGS 1991-93 (4,939200) (9,728,800) (4,059,100)
The requirement includes the impact on wages of full-time positions.
OPM 4/20/93 NP613&l.XLS
Memorandum of Agreement
(Contract Reopener & Extension)
P- I Health Care Professional
Estimated Budget Requirement"
General & Transportation Fund
Contract Item
1991-92 CONTRACT YEAR (REOPENER)
I. 3% Wage Decrease
from 12/13/91 to 6/26/92
2. No January 1992 Annual
Increments Paid
3. 2 Furlough Days-Ali Employees
TOTAL CONTRACT SAVINGS 1991-92
$
Fiscal Year
1991-92
(1.617200)
0.060.800)
(806,000)
(3,484.000)
Fiscal Year
1992-93
$
(124,400)
(2298.300)
. (2,422,700)
$
Fiscal Year
1993-94
(2298.300)
(2298.300)
1992-93 CONTRACT YEAR (EXTENSION)
Anticip9ted BUdget Requirement 5.86l.loo 7.542.800
)
Negotiated Contract
1. 4.5% Wage Increase Effect. 5/14/93 376.900 4.942,700
2. January 1993 Annual Increments 1.060.800 2298.300
(No July 1992 A.1.s Paid)
3. Mileage Increase to GSA Rate Minimal Minimal
------------------- -- ----------------
TOTAL CONTRACT ITEMS 1992-93 1,437.700 7241.000
TOTAL CONTRACT SAVINGS 1992-93 (4,423,400) (301.800)
TOTAL CONTRACT SAVINGS 1991-93 ($3,484.000) ($6.846.100) ($2.600.100)
FUND SUMMARY
General Fund
Special Transportation Fund
(3,482.600)
0,400)
(6.843,400)
(2,700)
(2.599.100)
(1.000)
The requirement includes the impact on wages of full-time positions.
aPM 4/20/93 1199P113.XLS
)
Contract Article
Article 32, Section 2
SUPERSEDENCE APPENDIX
statute or Regulation
Amended
state Travel Regulation
)
AGREEMENT
BETWEEN
STATE OF CONNECTICUT
AND
NEW ENGLAND HEALTH CARE EMPLOYEES' UNION DISTRICT 1199, SEIU, AFL-
CIO
COUNCIL 4, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES, AFL-CIO
LOCALS 196, 269, 318, 355, 387, 391, 478, 538, 562, 610, 704, 714,
749, 1303-148, 1303-255, 1303-256, 1303-282 1437, 1565, 2663, 2836
CONNECTICUT STATE FEDERATION OF TEACHERS - AMERICAN FEDERATION OF
TEACHERS, AFL-CIOi
UNIVERSITY OF CONNECTICUT PROFESSIONAL EMPLOYEES ASSOCIATION, LOCAL
3695
UNIVERSITY HEALTH PROFESSIONALS, LOCAL 3837
STATE VOCATIONAL FEDERATION OF TEACHERS, LOCAL 4200A
FEDERATION OF TECHNICAL COLLEGE TEACHERS. LOCAL 1942
JUDICIAL PROFESSIONALS, LOCAL 4200B
ADMINISTRATIVE & RESIDUAL EMPLOYEES UNION, LOCAL 4200
AMERICAN FEDERATION OF SCHOOL ADMINISTRATORS, AFL-CIO
CONNECTICUT STATE UNIVERSITY - AMERICAN ASSOCIATION OF UNIVERSITY
PROFESSORS
THE UNIVERSITY OF CONNECTICUT CHAPTER OF THE AMERICAN ASSOCIATION
OF UNIVERSITY PROFESSORS
CONGRESS OF CONNECTICUT COMMUNITY COLLEGES
CONNECTICUT EMPLOYEES UNION INDEPENDENT, LOCAL 511, SEIU, AFL-CIO
CONNECTICUT STATE POLICE UNION
CONNECTICUT STATE EMPLOYEES ASSOCIATION
PROTECTIVE SERVICE EMPLOYEES COALITION, IAFF, LOCAL S-15, IUPA,
LOCAL 74, AFL-CIO
.MEMORANDUM OF AGREEMENT
This Agreement is made by and between the state Employees
Bargaining Agent Coalition ("SEBAC"), including each of its
member unions which is designated as an exclusive bargaining
representative under the state Employee Collective Bargaining
Act, Conn. Gen. stat. 55-270 et seq. ("the Act"), and the state
of connecticut, its executive and jUdicial branches, including
all subdivisions thereof which bargain as separate employers
under the Act (the "state").
I. PENSION FUNDING AND NEGOTIATIONS
1. The employer's contributions to the state Employees
Retirement System ("SERS") for unfunded accrued liability shall
be as follows for the next four fiscal years:
Fiscal Year All Funds
1992-93 $ 92.7 million
1993-94 $121.3 million
1994-95 $130.5 million
1995-96 $138.4 million
In addition, the 1992-93 contribution shall be further
reduced by three million dollars ($3,000,000.00) and this three
million dollars ($3,000,000.00) shall be allocated to the
Placement and Training Fund established under Appendix B.
The agreement to these employer contributions for unfunded
6527S:05-27-92 -1-
accrued liability shall extend to June 30, 1996. In the
negotiations referenced in paragraph 4 below, neither party
shall insist to impasse on any modification of these amounts.
Nor shall either party insist to impasse on any change to be
effective prior to July 1, 1996 in: (a) use of the projected
unit credit method, (b) the Reamortization provision of the
Agreement between the state and SEBAC executed February 3-5,
1992 ("SEBAC 11"), or (c) any other funding changes.
2. With the sole exception of the agreements in the above
paragraph 1, the Pension Agreement between the state and SEBAC,
as set forth in the Pension Arbitration Award of September 25,
1989 and SEBAC II, shall expire on June 30, 1994. The matters
addressed in paragraph 1 shall expire on June 30, 1996.
3. In the negotiations referenced in paragraph 4 below,
the negotiated changes in contributions for the unfunded
accrued liability.for 1991-92 through 1995-96 shall not be
asserted by either party as a basis for reductions in pension
benefits.
4. The provisions of the Pension Agreement or any general
statute or public act or special act to the contrary
notwithstanding, the State agrees to bargain with SEBAC over a
successor to the Pension A g ~ e e m e n t , on matters which are
mandatory subjects of bargaining. Negotiations shall commence
on or about September 1, 1993 and shall be conducted in
accordance with the provisions of the State Employee Collective
6527S:05-27-92 -2-
Bargaining Act in effect as of April 1, 1992, including but not
limited to the provisions of the Act concerning impasse
resolution and legislative approval of any agreement or
arbitration award.
5. Upon ratification of this Agreement by the General
Assembly, the provisions of this section concerning payment for
unfunded past service liability under SERS shall supersede the
provisions of Conn. Gen. stat. 5-156a as amended by the
Pension Arbitration Award of September 25, 1989 and SEBAC II,
Upon legislative approval of this Agreement, Conn. Gen. Stat.
5-156a shall be deemed amended in accordance with Appendix A
of this Agreement.
II. HEALTH AND WELFARE BENEFITS
1. The State and SEBAC reaffirm their commitment to
pursue a preferred provider organization and health insurance
cost reduction in accordance with the agreement set forth in
SEBAC II.
2. In accordance with the provisions of Public Act
91-265, the State and SEBAC shall bargain in coalition over all
health and welfare benefits to be effective on and after July
1, 1994.
3. The provisions of the Pension Agreement or any
individual collective bargaining agreement or any general
statute or pUblic act or special act to the contrary
notwithstanding, the State and SEBAC agree to bargain over all
6527S:05-27-92 -3-
health and welfare benefit issues which are mandatory sUbjects
of bargaining, to be effective on or after July 1, 1994.
Negotiations shall commence on or about September 1, 1993 and
shall be conducted in accordance with the provisions of the
State Employee Collective Bargaining Act in effect as of
April 1, 1992, including but not limited to the provisions of
the Act concerning impasse resolution and legislative approval
of any agreement or arbitration award.
III. JOB SECURITY
1. Except as provided in Appendix C for the fiscal year
1992-93, layoffs (defined as loss of employment) shall be
limited to those resulting from position elimination and/or the
level of funding in the fiscal year 1992-93 bUdget as proposed
by the Governor and as modified by the final Appropriations Act
passed by the General Assembly and signed by the Governor.
In the event of any additional changes which occur
during the fiscal year 1992-93 and which require elimination of
a position, the State shall offer suitable alternative
employment to the affected employee through June 30, 1993.
2. In order to mitigate the impact of layoffs, the
placement and training program outlined in Appendix B shall be
implemented as soon as possible following approval of this
Agreement.
3. The provisions of this Section shall not apply to
grant or federally funded positions eliminated or reduced due
6527S:05-27-92 -4-
to loss of or reduction in funding.
4. The provisions of this section shall not apply to
appointments with termination or end dates.
5. This Agreement shall not be construed to prevent
giving notices of layoff or nonrenewal during 1992-93 for
actions to be effective in sUbsequent year(s).
6. The State Executive Branch shall not implement
involuntary furloughs, partial closings or across-the-board
work schedule reductions as a means of achieving bUdget
reductions during the 1992-93 fiscal year. This provision is
without prejudice to either party's position on these issues.
IV. GENERAL PROVISIONS
1. Those provisions of this Agreement which modify the
Pension Agreement between the State and the State Employees
Bargaining Agent Coalition ("SEBAC") are sUbject to
ratification by SEBAC.
2. This Agreement is subject to ratification by the
Judicial Branch, the State Board of Education, the Board of
Governors for Higher Education, and the boards of the
constituent units of higher education to the extent deemed
necessary by those boards Which are designated as separate
employers under the Act.
3. This Agreement is subject to ratification by the
General Assembly.
6527S:05-27-92 -5-
APPENDIX A
section 5-156a. Funding of Retirement System on Actuarial
Reserve Basis.
(a) The state Employees' Retirement System shall be funded
on an actuarial reserve basis. The retirement commission
shall, on or before December first, annually certify to the
general assembly the amount necessary on the basis of an
actuarial determination to gradually establish and sUbsequently
maintain the retirement fund on such determined actuarial
reserve basis, and make such other recommendations with regard
to such fund and its administration as the commission deems
appropriate. The retirement commission shall, at least once
every two years, prepare a valuation of the assets and
liabilities of the system. On the basis of each such
valuation, it shall redetermine the normal rate of contribution
and, until it is amortized, the unfunded past service
liability. The General Assembly shall review the commission's
recommendations and certification and shall appropriate to the
retirement fund the amount certified by the retirement
commission as necessary provided said certification is in
compliance with this section at the time of certification, and
the amount so certified shall not be reduced or used for other
than the purposes of this section.
(b) The retirement commission shall determine by using the
projected unit credit actuarial funding method (1) a normal
rate of contribution which the state shall be required to make
6527S:05-27-92 -6-
into the retirement fund in order to meet the actuarial cost of
current service and (2) the unfunded past service liability.
The state's contribution will be the sum of the normal cost and
the amount required for a forty-year amortization of unfunded
liabilities. The state's contribution to fund past service
liability shall be reduced for the 1991-92 fiscal year by $215
million. The liability incurred as a result of the early
retirement program in 1989 shall be reamortized over a period
of forty (40) years to commence July 1, 1994 and payment to
commence as of such date. The liability to be incurred as a
result of the early retirement program in 1991-92 shall be
amortized over a period of forty (40) years to commence July 1,
1994 and payment to commence as of such date. Effective for
the certification for the fiscal year beginning July 1, 1992,
and for each year thereafter, the funding program for the
actuarial reserve basis shall consist of the sum of the normal
cost and the amount required for a forty (40) year amortization
of unfunded liabilities [ on a level dollar payment per
year. The forty (40) year period for such amortization shall
commence July 1, 1994]. THIS PROVISION NOTWITHSTANDING, THE
STATE'S CONTRIBUTION FOR UNFUNDED ACCRUED PAST SERVICE
LIABILITY SHALL BE AS FOLLOWS FOR THE FISCAL YEARS 1992-93
THROUGH 1995-96:
6527S:05-27-92 -7-
1992-93 $ 92.7 million
1993-94 $121.3 million
1994-95 $130.5 million
1995-96 $138.4 million
FURTHER, THE CONTRIBUTION FOR 1992-93 SHALL BE REDUCED BY
THREE H!LLION DOLLARS ($3,000,000.00) FOR THE SOLE PURPOSE OF
FUNDING THE PLACEHENT AND TRAINING FUND ESTABLISHED BY
AGREEHENT BETWEEN THE STATE AND THE STATE EHPLOYEES BARGAINING
AGENT COALITION. Said state payments shall not be redUced or
diverted to any purpose other than the payment into the
retirement fund until the past service liability is funded and
said fund is determined to be actuarially sound.
(c) Transfer of appropriated amounts from the general
fund to the retirement fund shall be made in equal monthly
payments during the fiscal year.
(d) No act liberalizing the benefits of the plan shall be
enacted by the General Assembly until the Assembly has
requested and received from the Retirement Commission a
certification of the cost of such change under the actuarial
funding basis adopted by Section 5-154 and this Section using
full normal cost plus forty year amortization.
6527S:05-27-92 -8-
APPENDIX B-1
PLACEMENT AND TRAINING FOR EMPLOYEES SUBJECT TO
LAYOFF IN 1992-93 and 1993-94
Consistent with the Governor's policy of maximizing
employment opportunities for state employees and in order to
mitigate the impact of layoffs which may occur during the
1992-93 and 1993-94 fiscal year, a placement and training
program shall be established as follows.
1. Eligibility
An employee who has exhausted his/her transfer and bumping
rights under the applicable collective bargaining agreement,
and therefore will be terminated as the result of a layoff or
nonrenewal, may participate in the placement and training
process. In addition, an employee may elect to participate in
the placement and retraining process in lieu of exercising
his/her transfer and/or bumping rights under the applicable
collective bargaining agreement. All such employees,
regardless of bargaining unit affiliation or employing
authority, shall have access to the placement and training
process. However, the provisions below which provide for
placement at the direction of the Commissioner of
Administrative services shall apply only to positions in the
classified service which are within the Commissioner's
jurisdiction; and to unclassified positions -in the Departments
6527S:05-27-92 -9-
of Children and Youth Services, commission on the Arts,
Connecticut Alcohol and Drug Abuse Commission, Connecticut
Marketing Authority, Corrections, Education and Services for
the Blind, Human Resources, Library, Mental Health and Mental
Retardation. Other employers and appointing authorities retain
the right to determine whether an individual shall be appointed
or accepted for retraining.
2. Placement Registry
The Department of Administrative Services ("DAS") shall
develop a registry of employment opportunities in State
service. All positions within the Commissioner's jurisdiction
must be listed with the registry; other appointing/employing
authorities shall list openings with the registry. Any
employee who is eligible for participation may submit to DAS an
application for placement which will indicate the individual's
qualifications, employment experience, areas of interest (with
respect to occupations and location) and such other information
as the Commissioner determines may be helpful in the placement
process. Union representatives will be notified of the names
of potential applicants and may assist them in completing
application forms.
3. Placement and Training Fund
There shall be a Placement and Training Fund established as
6527S:05-27-92 -10-
soon as possible after approval of this Agreement. Three
million dollars ($3,000,000.00) shall be allocated to the Fund
from the savings negotiated as part of this Agreement for
1992-93. Funds not used in 1992-93 shall be carried over to
1993-94. In addition, the state shall appropriate two million
dollars ($2,000,OOO.00) to the fund for 1993-94. The Fund
shall be administered by the Labor Management Committee. The
Fund shall be used for the following purposes:
(a) administrative costs for support services provided by
DAS,
(b) payment to a facilitator,
(c) salary for employees during periods of on-the-job
training for up to ninety (90) days,
(d) training costs such as payments to trainers, tuition
or fee payments, job trainers,
(e) such other purposes as the Committee may determine
will advance the employment opportunities of those who
would otherwise be laid off.
4. Placement and Training Labor Management Committee
As soon as possible following approval of this Agreement, a
Placement and Training Committee shall be appointed. The
Committee shall have approximately eight (8) labor members
selected by SEBAC and approximately eight (8) management
members appointed by the Governor. The Commissioner of
)
6527S:05-27-92 -11-
)
Administrative Services shall be an ex officio member of the
Committee. The Committee shall appoint a mutually acceptable
facilitator to aid the Committee in its functions. For any
matters on which the Committee must make a final decision, the
facilitator shall have one (1) vote, the labor representatives
shall have one (1) vote and the management representatives
shall have one (1) vote.
The Committee shall be responsible for:
(a) approval of training plans for on-the-job training
candidates,
(b) development of other training and placement assistance
programs,
(c) allocation of the resources of the Placement and
Training Fund.
Further, the Committee shall be advisory to the
Commissioner of Administrative services on related matters such
as communication with agencies and employees, operation of the
registry of employment opportunities, and development of
training or placement programs to meet future workforce needs.
5. Placement Preference
The provisions of this section are subordinate to the
rights of employees under existing collective bargaining
agreements and to the rights of those on reemployment lists.
An eligible employee who goes through the DAS placement
j
6527S:05-27-92 -12-
process and who is qualified for a position which is vacant and
which the state has decided to fill, shall have preference for
employment over outside hires. A qualified eligible employee
who is in the bargaining unit which includes the job
classification of the position shall have preference over
employees of other bargaining units. The final decision as to
whether an employee is qualified shall be in the discretion of
the Commissioner of Administrative services.
An eligible unclassified employee of the state Board of
Education or the Agricultural Experiment station (AES) and who
is qualified for a position which is vacant and which the state
has decided to fill, shall have preference for employment over
outside hires. A qualified eligible employee who is in the
bargaining unit which includes the job classification of the
position shall have preference over employees of other
bargaining units. The final decision as to Whether an employee
is qualified shall be in the discretion of the Commissioner of
Education or AES Board as applicable.
If the position is sUbject to merit system requirements,
the appointment shall be on a provisional basis and shall be
permitted even if there is an existing list for the
classification. The candidate shall be required to fulfill
merit system requirements within the time specified by law or
regulation. Time spent in provisional status shall be counted
toward the applicable working test period for the
-13-
classification.
An employee who does not successfully complete the working
test period in the classification in which he/she is placed
shall retain reemployment rights in accordance with the
applicable collective bargaining agreement, but not for that
class (in the same agency) for which he/she failed the working
test period. Such employee shall also be eligible for
participation in the placement and training process for the
balance of the 1992-93 fiscal year.
6. On-the-Job Training Placement
The provisions of this section are sUbordinate to the
rights of employees under existing collective bargaining
agreements and to the rights of those on reemployment lists.
Through the DAS registry, an eligible employee who is not
fully qualified for a vacant position which the State intends
to fill may be identified as a candidate for retraining.
Normally, a candidate identified for retraining must have the
potential to fully qualify for the job and perform at an
acceptable level after three (3) months. If an employee is
identified through the DAS screening process as one who may
qualify for a vacancy after an on-the-job training program of
reasonable length and scope, the following steps shall be taken:
(a) identification of the potential position and agency
placement,
6527S:05-27-92 -14-
(b) assessment of the individual's qualifications and
training needs in conjunction with the agency,
(c) development of a training plan,
(d) Labor-Management Committee approval of the training
plan and allocation of any funds necessary for its
implementation.
If there is more than one candidate eligible and qualified
for an on-the-job training position, an employee who is in the
bargaining unit which includes the job classification of the
position shall have preference over employees of other
bargaining units.
An employee who is identified as a candidate for on-the-job
training and is accepted by the agency as able to qualify
through the retraining process shall be placed in the
identified position. If an agency rejects a candidate for this
retraining process, the agency shall state the reasons for
rejection to the Commissioner of Administrative services who
shall make the final decision as to whether the employee shall
be placed in the position for on-the-job training. In the case
of an unclassified position under the state Board of Education
or the AES, the final decision as to whether the employee shall
be placed in the position for on-the-job training rests with
the Commissioner of Education or AES Board as applicable.
After placement, during.a period of on-the-job training,
the employee shall have the same status as a probationary
)
6527S:05-27-92 -15-
)
employee and shall be paid at the rate of the position in which
he/she is placed for training. The employee shall also be
required to complete the established probationary period for
the job, following completion of training.
If the position is sUbject to merit system requirements,
any appointment following the training period shall be on a
provisional basis and shall be permitted even if there is an
existing list for the classification. The candidate shall be
required to fulfill merit system requirements within the time
specified by law or regulation. Time spent in provisional
status 'shall be counted toward the applicable working test
period for the classification.
An employee who refuses retraining offered in accordance
with this Agreement shall by that action waive any future
rights under this Agreement but, if laid off, shall retain
reemployment rights in accordance with the applicable
collective bargaining agreement.
An employee who is laid off due to failure to qualify
through a retraining program or who fails the probationary
period which follows the training period, shall also retain
reemployment rights in accordance with the applicable
collective bargaining agreement, but not to the Glass for which
he/she was being trained. such employee also shall be eligible
for participation in the placement and training process for the
balance of the 1992-93 fiscal year.
6527S:05-27-92 -16-
7. Payment to Those Employed in a Lower Classification
An employee who takes a position in a lower salary grade as
part of the placement or on-the-job-training process shall be
paid at the rate within the lower salary grade which is closest
to his/her current salary, but not to exceed the maximum.
8. Other Placement and Training Options
The Placement and Training Committee may develop training
or placement assistance programs other than those described
above. Such programs may include but shall not be limited to
placement counseling, relocation incentives, and training
grants. A proposal for a training or placement assistance
program may be developed by the Committee on its own
initiative, proposed by an agency, or proposed by an eligible
employee. Final approval of any program and the funds therefor
rests with the Committee.
6527S:05-27-92 -17-
APPENDIX B-2
PLACEMENT AND TRAINING FOR EMPLOYEES SUBJECT TO
LAYOFF IN 1992-93 and 1993-94
DIVISION OF CRIMINAL JUSTICE
PLACEMENT AND TRAINING
Eligibility
A Division of Criminal Justice ("DCJ") employee who will be
terminated as the result of a layoff may participate in the
placement and training process, in addition to those eligible
under Appendix B-1, item 1.
Placement Registry
The Division of Criminal Justice shall list with the
Department of Administrative Services ("DAS") registry any
vacant positions in the classifications of DCJClerk, DCJ Legal
Typist, DCJ Secretary 2 and DCJ Senior Clerk, which it plans to
fill.
Placement Preference
The Division shall give first preference to one of its
current employees (including those filling temporary positions)
or to a Division employee who has been laid off prior to
consideration of candidates from the DAS placement process.
An eligible employee who goes through the DAS placement
6527S:05-27-92 -18-
process and who is qualified for a position which is vacant and
which the Division has decided to fill, shall have preference
for employment over outside hires. The final decision as to
whether an employee is qualified shall be in the discretion of
the Chief state's Attorney.
On-the-Job Training Placement
The Division shall give first preference to one of its
current employees (including those filling temporary positions)
or to a Division employee who has been laid off prior to
consideration of candidates from the DAS placement process.
An eligible employee who is not fully qualified for a
vacant position which the Division intends to fill may be
identified as a candidate for retraining, through the DAS
screening process, and sUbject to all of the requirements
thereof. If an employee is identified through the screening
process as one who may qualify for a vacancy in the
classifications of DCJ Clerk, DCJ Legal Typist, DCJ Secretary
2, or DCJ Senior Clerk, after an on-the-job training program of
reasonable length and scope, the Division shall have the sole
discretion to determine if the employee shall be placed in a
position for on-the-job training. If so, the steps set forth
above for on-the-job training placement shall be taken.
An employee who is identified as a candidate for on-the-job
training and is accepted by the Division as able to qualify
6527S:05-27-92 -19-
)
through the retraining process shall be placed in the
identified position. The decision as to acceptance and
placement is in the sole discretion of the Chief state's
Attorney.
The same provisions as apply to a placement within the
jurisdiction of the Commissioner"of Administrative Services
period, level of pay, refusal of
shall apply to those placed in DCJ positions.
6527S:05-27-92" -20-
APPENDIX C
SPECIFIC AGENCY AND UNIT PROVISIONS
Connecticut State university
Job security for professional employees represented by the
American Association of University Professors and the State
university Association of University Faculty, AFSCME, shall
continue to be governed by the University's agreements with
those units.
Unclassified employees of the Connecticut state University
system shall be treated in conformance with the spirit of
paragraph 5 of Appendix B provided, however, that the final
decision as to whether an employee is qualified shall be in the
discretion of the University presidents.
The University shall develop an internal placement system
for displaced unclassified employees, substantially similar in
purpose to the placement system of DAS described in Appendix
B. In determining a candidate's eligibility for placement,
however, the decision of the University president shall be
final.
community and Technical Colleges
The Job Security provisions of this Agreement shall not
preclude the layoffs of unclassified employees represented by
the Congress of Connecticut Community Colleges who were
6527S:05-27-92 -21-
)
previously given notice of position elimination for
programmatic reasons, even if those layoffs occur in 1992-93.
For the purposes of this Agreement, the failure to rehire
an Educational Assistant or part-time Lecturer at the end date
of an appointment period is not a "layoff."
The provisions of the previous agreement between the
Congress of Connecticut Community Colleges and the Board are
unaffected by this Agreement.
The ongoing discussions among the Board and its
professional employee bargaining representatives concerning
merger/consolidation issues shall continue.
University of Connecticut
During the fiscal year 1992-93, the job security provision
of section III, paragraph 1, shall be interpreted to permit the
University to eliminate positions and to layoff up to 135
employees at locations other than the Health Center. Section
III, paragraph 6 shall apply to the University on the same
basis as to other employers.
University of connecticut and UCPEA
The following agreement is in effect from July 1, 1992
through June 30, 1993 and only applies to UCPEA employees who
are laid off between those dates. It does not apply to
employees who decide to retire following layoff or layoff
65275:05-27-92 -22-
notification.
If the University decides to fill a vacancy funded by other
than a grant fund or contract, an UCPEA employee who meets all
of the qualifications specified in the written job description
shall have preference for employment over outside hires
provided he/she has notified the University in writing at the
time of layoff of the desire to be considered. The final
decision as to whether an employee is qualified shall be in the
discretion of the appropriate Vice President.
University of Connecticut Health Center
In addition to the approximately eight bUdgetary layoffs
discussed with SEBAC in reaching this Agreement, there will be
programmatic layoffs in the medical records area.
Further, there is no specific limit on layoffs in the
University Health Professionals, bargaining unit during
1992-93. However, the provisions of Section III, paragraph 6
shall apply to the Health Center on the same basis as to other
employers.
65275:05-27-92 -23-
I
APPENDIX D
JOB SECURITY, AND PLACEMENT AND TRAINING FOR
EMPLOYEES SUBJECT TO LAYOFF IN 1992-93 and 1993-94
JUDICIAL DEPARTHENT
JOB SECURITY
1. For the fiscal year 1992-93, layoffs (defined as loss
of employment) shall be limited to those resulting from
position elimination and/or the level of funding in the fiscal
year 1992-93 bUdget as proposed by the Governor and as modified
by the final Appropriations Act passed by the General Assembly
and signed by the Governor.
2. For the 1992-93 fiscal year, in order to mitigate the
impact of layoffs, the Judicial Department shall establish its
own placement and training program as outlined below, to be
implemented as soon as possible following approval of this
Agreement.
3. The provisions of this section shall not apply to
grant or federally funded positions eliminated or reduced due
to loss of or reduction in funding.
4. The provisions of this section shall not apply to
appointments with termination or end dates.
5. This Agreement shall not be construed to prevent
giving notices of layoff or nonrenewal during 1992-93 for
actions to be effective in sUbsequent year(s).
65275:05-27-92 -24-
)
PLACEMENT AND TRAINING
Eligibility
A Judicial Department employee who will be terminated as
the result of a layoff may participate in the placement and
training process.
Placement Registry
The Judicial Department shall list with the Department of
Administrative Services ("DAS") registry any vacant positions
which it plans to fill. Any employee who is eligible for
participation may sUbmit to DAS an application for placement
which will indicate the individual's qualifications, employment
history and such other information as the Commissioner
determines may be helpful in the placement process.
Placement and Training Fund
A reasonable share of the Placement and Training Fund
established under the Agreement between the state and SEBAC
shall be allocated to the Judicial Department in both 1992-93
and 1993-94.
The Fund shall be administered by a Labor Management
Committee of Judicial Department labor and management
representatives. The Fund shall be used for sUbstantially the
same purposes in Judicial as in the Department of
Administrative Services.
6527S:05-27-92 -25-
Placement Preference
The provisions of this section are sUbordinate to the
rights of employees under existing collective bargaining
agreements and reemployment lists.
An eligible employee who goes through the Judicial
Department placement process and who is qualified for a
position which is vacant and which the Department has decided
to fill, shall have preference for employment over outside
hires. The final decision as to whether an employee is
qualified shall be in the discretion of the Chief Court
Administrator.
An eligible employee who goes through the DAS placement
process and who is qualified for a position which is vacant and
which the Judicial Department has decided to fill, shall be
given serious consideration for employment by the Department.
The final decision as to whether an employee is qualified shall
be in the discretion of the Chief Court Administrator.
On-the-Job Training Placement
The provisions of this Section are subordinate to the
rights of employees under existing collective bargaining
agreements and to the rights of those on reemployment lists.
An eligible employee who is not fully qualified for a
vacant position which the Department intends to fill may be
identified as a candidate for retraining, either through the
65275:05-27-92 -26-
j
Judicial Department's own screening process or through the DA5
screening process. Normally, a candidate identified for
retraining must have the potential to fully qualify for the job
and perform at an acceptable level after three (3) months. If
an employee is identified through the screening process as one
who may qualify for a vacancy after an on-the-job training
program of reasonable length and scope, the Department shall
have the sole discretion to determine if the employee shall be
placed in a position for on-the-job training. If so, the
following steps shall be taken:
(a) identification of the potential position and placement,
(b) assessment of the individual's qualifications and
training needs in conjunction with the Department,
(c) development of a training plan,
(d) JUdicial Labor-Management Committee approval of the
training plan and allocation of any funds necessary
for its implementation.
An employee who is identified as a candidate for on-the-job
training and is accepted by the Judicial Department as able to
qualify through the retraining process shall be placed in the
identified position. The decision as to acceptance and
placement is in the sole discretion of the Chief Court
Administrator.
After placement, during a period of on-the-job training,
the employee shall have the same status as a probationary
65275:05-27-92 -27-
)
employee and shall be paid at the rate of the position in which
he/she is placed for training. The employee shall also be
required to complete the established prnbationary period for
the job, following completion of training.
An employee who refuses retraining offered in accordance
with this Agreement shall by that action waive any future
rights under this Agreement but, if laid off, shall retain
reemployment rights in accordance with the applicable
collective bargaining agreement.
An employee who is laid off due to failure to qualify
through a retraining program or who fails the probationary
period which follows the training period, shall also retain
reemployment rights in accordance with the applicable
collective bargaining agreement, but not to the class for which
he/she was being trained. Such employee also shall be eligible
for participation in the placement and training process for the
balance of the 1992-93 fiscal year.
65275:05-27-92 -28-
MEMORANDUM OF AGREEMEllT
Between
STATE OF CONNECTICUT AND SEBAC
An employee who is laid off* in 1992-93, shall continue to
receive employer provided health benefits for up to six (6)
calendar months (including the calendar month of coverage which
the employee receives based on the date of layoff) provided
that:
1) the employee has exhausted his/her transfer and
bumping rights, and
2) the employee has not been offered suitable alternative
state employment or an on-the-job-training position.
For the sole purpose of determining eligibility for health
benefits, any dispute over whether the employee has been
offered "suitable" employment shall be resolved by the
Labor-Management committee of Appendix B-1.
The cost of implementing the health benefits continuation
shall be charged to the Placement and Training Fund of Appendix
B-1.
* Defined as loss of employment versus receipt of notice.
6527S:05-27-92 -29-
MEMORANDUM OF AGREEMENT
Between
STATE OF CONNECTICUT AND SEBAC
Re: Eligibility for Placement and Training Under Appendix B-1
Eligibility for participation in the placement and training
processes of Appendix B-1 of the foregoing Agreement is
presently limited to employees who have exhausted their
transfer and bumping rights. Based on this definition; some
permanent employees and some individuals who have been in
traineeships for more than six months may be excluded from the
process. We do not think the parties would have excluded these
individuals if we had considered it at the time of
negotiations. Therefore, we are clarifying Appendix B-1,
section I, Eligibility, in accordance with the following:
1. An employee who has no transfer or bumping rights
within the bargaining unit, but who is a permanent
state employee, may participate in the placement and
training process on the same basis as other employees
of the bargaining unit from which he/she is laid off.
2. Laid off employees in trainee classes in DAS
bargaining units shall be eligible for participation
in the placement and training process, provided they
have completed six (6) months of service in the
trainee classification or have permanent status in
another classification.
6527S:05-27-92 -30-
MEMORANDUM OF AGREEMENT
Between
STATE OF CONNECTICUT AND CONNECTICUT STATE EMPLOYEES
ASSOCIATION (P3-A BARGAINING UNIT)
The state and CSEA shall continue to discuss and pursue a
resolution of their dispute on the bridging of seniority for
employees laid off and reemployed.
without prejudice to those discussions or either party's
position on the issue:
1. P-3A employees of the state Department of Education
who were laid off and reinstated effective January 10,
1992 shall have their seniority bridged.
2. If the bUdget requires layoffs of P3-A employees in
the state Department of Education, the seniority used
to determine the contractual order of layoff shall be
as calculated under 1 above.
3. The Union recognizes that the above may require
revision/reissuance/or newly issued layoff notices.
6527S:05-27-92 -31-
Saranne P. Murray ;r
Negotiator for the state
t/;.?/f'-Z
Datk
AMERICAN FEDERATION OF SCHOOL ADMINISTRATORS, AFL-CIO
MUNICIPAL COUNqrL 4, AMERICAN FEDERATI N OF STATE,
EMPL6YEES, AFL-CIO
LOCALS 196, 269, 318, 355, 387, 391, 478, 538, 562, 610, 704,
749, 1303-148, 1303-255, 1303-256, 1303-282, 1437, 1565, 2663,
714,
2836
TICDT COMMUNITY COLLEGES
)
STATE UNIVERSITY - AMERICAN ASSOCIATION OF UNIVERSITY
INDEPENDENT, LOCAL 511, SEIU, AFL-CIO
CONNE TICDT STAT EMPLOYEES ASSOCIATION
PROTECTIVE SERVICE EMPLOYEES 0'?"ALITION, IAFF,
LOCAL 74, AFL-CIO I ~
IUPA,
c . ~
)
THE UNIVERSITY OF CONNECTICUT CHAPTER OF THE AMERICAN ASSOCIATION
OF UNIVERSITY PROFESSORS
CONNECTIC TION OF TEACHERS - AMERICAN FEDERATION OF
TEACHERS, AFL-CIO;
i 2 u ~ g @ / ~ C/s/92
UNION, LOCAL 4200
LOCAL 3837
E TEACHERS. LOCAL 1942
4 OB
~
OF TEACHERS, LOCAL 4200A
H PROFESSIONALS, UNIVERSITY H
S
ADMINISTRATIVE &
)
MEMOR."NDUM OF lIGREEMENT
Between
STATE OF CONNEcrICUT and AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES (NP-J BARGAINING UNIT)
The State and AFSCME agree that the following provision shall be
added to Article 14, Section Three, of the NP-J agreement:
Effective July 1, 1992, on a prospective basis, bargaining unit
seniority shall also accrue for the periods listed in Article 1J,
Section One (b) to the extent provided in that Section.
MEMORANDUM Of AGREEMENT
Between
STATE OF CONNECTICUT and AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES (P-2 BARGAINING UNIT)
The State and AFSCME agree that the following provision shall be
added to Article 13, Section TWO, of the P-2 agreement:
Effective July 1, 1992, on a prospective basis, bargaining unit
seniority shall also accrue for the periods listed in Article 12,
Section One to the extent provided in that Section.
MEMORANDUM OF AGREEMI-:NT
Between
STATE OF CONNECTICUT AND CONNECTICUr STATE EMPLOYEES
ASSOCIATION (P-3B BARGAINING UNIT)
The State and CSEA have agreed to the following addendum to
Article 38 of the P-3B agreement:
P-3B emp"loyees at Southbury Training School who are required to
work on premium holidays as part of the chicken farm assignment shall
be compensated for such holiday work as follows:
(a) Each such full-time employee required to work on a premium
holiday shall receive time and one-half pay for hours worked on the
holiday and shall receive a compensatory day or a regular day's pay
in lieu of the holiday in accordance with existing practice.
(b) Premium holidays shall include New Years Day, Memorial Day,
Independence Day, Labor Day, Thanskgiving and Christmas.
Pursuant to the State Board of Labor Relations Decision No. 2960,
which expanded the P-3B Unit to include part-time employees working
under 20 hours per week, the State and CSEA have agreed to revise
) Article 51 of the P-3B agreement as follows:
ARTICLE 51
PART-TIME EMPLOYEES:
section One. Permanent part-time employees will continue to
receive wages and fringe benefits on a pro-rated basis to the extent
provided under existing rules and regulations (except as modified by
this Article).
section Two. During the life of this Agreement, no full-time
bargaining unit position shall be fractionated in such a manner as to
diminish the number of bargaining unit positions, provided that
qualified applicants are available.
section Three. A permanent full-time employee may request of
management that their position be adjusted to a part-time status of
not less than half-time. If granted, the reduction to part-time
shall be considered a temporary arrangement and the employee shall
remain in the bargaining unit and be covered by the terms of this
Agreement. A request to work part-time will not be unreasonably
denied by the Employer.
A permanent full-time employee who is granted an adjustment to
under twenty (20) hours per week under this Section shall continue to
have layoff and bumping rights determined in accordance with Article
37, Order of Layoff, and shall not be covered by Section Four (a) of
this Article.
)
P-3B MEMORANDUM (ContinuedL
Section Four. Permanent part-time employees working under
twenty (20) hours per week (excluding retired-reemployed and
unscheduled intermittent employees) shall be eligible for all
benefits currently provided to over twenty (20) hour per week
permanent part-time employees except as follows:
(a) Permanent part-time employees working under twenty (20)
hours shall, in the event of layoff, have seniority pro-rated and
may exercise any bumping rights only to another part-time under
twenty (20) hour position. The employee will be given as much
notice as possible. The minimum notice periods in the event of
layoff, however, shall be two (2) weeks for the employee selected
for layoff, two (2) business days for the election of bumping
rights, if any, and one (1) week for the notice to the bumpee.
(b) Permanent part-time employees working under twenty (20)
hours per week shall be eligible for vacation leave, if
applicable, and sick leave accrued on a pro-rata basis in
accordance with existing practice but shall not be eligible for
personal leave days.
(c) It is expected that permanent part-time employees working
under twenty (20) hours per week who become involved. in union or
steward activities or who seek attendance at employee-initiated
workshops or conferences will make every effort to conduct such
activities on their own time rather than on paid State time.
This provision does not pertain to vacation usage or absence from
work during an approved leave of absence.
section Five. Health insurance coverage shall be available
only to those permanent part-time employees who are regularly
scheduled to work at least 17.5 hours per week. This provision shall
be applicable to those part-time employees who on or after May 1,
1992, acquire part-time under 17.5 status.
SUPERSEDENCE ITEMS
EDUCATION PROFESSIONAL (P-3B) UNIT
MEMORANDUM OF AGREEMENT
)
SUbject
Premium pay for specified holidays
Layoff notice & bumping rights
determined by contract
Health Insurance determined by
work schedule
Article
38
51.4(a}
51.5
Law or Reg.
CGS 5-245
Reg. 5-245-1
Reg. 5-254-1
CGS 5-241
Reg _ 5-241-1
CGS 5-259
Contract Item
O ~ F I C E OF POLICY AND MANAGEMENT
EJuCJtiou PcoFessionals CP-3B)
Memorandum of Agreement
Estimated Budget Requirement
General Fund Requirement
Annua 1i zed
1991-92 1992-93
I. Placement of part-time employees work-
ing under 20 hours per week in P-3B
classifications on P-3B salary schedule (1)
2. Time and one-half pay for employees re-
required to work premium holidays at
Southbury poultry assignment (2) .
minimal
minimal
minimal
minimal
(1) The State Board of Labor Relations has expanded. the Education Professional
(P3B) Unit to include part-time employees working under 20 hours per week in
P-3B classifications (11 employees). The cost represents wages which will
be increased by 2.625% effective upon legislative approval consistent with
the current P-3B salary schedule. The employees' fringe benefits formalized
by this agreement remain the same. . _ ~ .
(2) This agreement provides overtime pay for one employee required to work the
Southbury poultry assignment for six premium holidays per year.
aPM 5/1/92
[1107GJ
MEMORI\NDUM OF I\GREEMENT
Between
STATE OF CONNEcrICUT and NEW ENGLAND HEALTH CARE
EMPLOYEES UNION, OISTRIcr 1199 '(P-1 Bargaining Unit)
The State and District 1199 have agreed to the following
addendum to the P-1 agreement, which shall be incorporated into
Article 13, Section Four (after the second paragraph of subsection
(2) on page 32):
The above notwithstanding, effective upon legislative
approval, Correctional Head Nurses shall be entitled to receive
overtime pay in lieu of compensatory time at the applicable
rate of salary group 24, not to exceed the step five rate.
The above provision shall not apply to compensatory time
earned prior to legislative approval, except that any
Correctional Head Nurse who was'unable to use his/her accrued
compensatory time due to acceptance of the early retirement
incentive program shall be compensated at the straight time
rate for ..his/her.remaining accrued compensatory time balance in
accordance with the schedule of payments for accrued vacation
under the early retirement program.
OfFICE OF POLICY AND
Professional Health Cure Employees (P-I)
Memorandum of Agreement
Estimated Budget Requirement
Contract Item
Payment of Overtime to Correctional
Head Nurses above the Overtime Cap (2)
General Fund Requirement
Annualized
1992-93 (1) 1993-94
$137,600 $143,100
)
(1) The Memorandum of Agreement is effective upon iegislative approval. For
purposes of estimating the cost, an effective date of June 26, 1992
has been used.
(2) Correctional Head Nurses in Steps 1 through 5 of Pay Group 24 currently
receive payment for overtime whi l'e nurses In Steps 6 and 7 recei ve
compensatory time. This agreement provides overtime payment to all
Correctional Head Nurses. Eleven employees are currently in Steps 6 and 7
and will be paid overtime at the Step 5 rate.
OPM 6110/92
[1131GJ
Effective upon legislative approval, Correctional Bargaining unit
personnel assigned to regularly scheduled fire fighting duties, will
receive an additional $.75 an hour stipend for hours worked.
Accepted:
for the state Date
OFf[CE OF POLICY AND M A N . ~ C E M E N T
Correction Bargaining Unit (NP4)
Memorandum of Understanding dated 4/29/92
Genera] Fund Requirement
Memorandum of Understanding
$.75 per hour stipend for Correctional
Bargaining Unit personnel assigned to
regularly scheduled fire fighting
duties
Annualized
1992-93 (I) 1993-94
$ 8,200 $ 8,500
(1) The Memorandum of Understanding is effective upon legislative approval.
For purposes of estimating the 1992-93 cost, an effective date of JUne 26,
1992 has been used.
aPM 61l0/gz
[113ZGJ
MEMORANDUM OF AGREEMENT
Between
STATE OF CONNEcrICUT and NEW ENGLAND HEALTH CARE EMPLOYEES
UNION, DISTRIcr 1199 (NP-6 & P-1 Bargaining units)
The Correction Department Staff (NP-6 & P-1) Meal Agreement was
reached between the State and District 1199 on July 21, 1987, as a
result' of the Department's discontinuance of the "plus maintenance"
meal provision procedures at certain correctional facilities.
Since that date, additional correctional facilities have opened and
additional health care job classifications are being utilized in
the facilities.
Therefore, the State and District 1199 have agreed to the
following amendments to the the Correction Department Staff Meal
Agreement dated July 21, 1987:
A. The Staff Meal Agreement shall also be applicable and
effective in the following correctional facilities:
Northeast Pre-Release Center (Mansfield)
Hartell D.W.I. (Windsor Locks)
Jennings Road Detention Center (Hartford)
Webster Correctional Institution (Cheshire)
'Willard Correctional Institution (Enfield)
Western Substance Abuse Treatment unit (Newtown)
Maloney Correctional Center (Cheshire)
~ . The employees in the following job classifications (in
those correctional facilities listed in this or the prior
agreement) shall also be eligible for a meal reimbursement
according to the criteria and at the rate ($3.00) specified in
the Staff Meal Agreement:
Licensed Practical Nurse
Dental Assistant
Physician Assistant
Physician 3


I apologize for the following error. In the June 9, 2011 memo to Andrew McDonald paragraph 3 June
2, 2011 should read June 1, 2011. Thank you.

[June 9, 2011 memo attached]






















To: Andrew McDonald
From: Anthony McKnight Sr.
Re: Fed Complaint 3:10cv1471
Date: June 9, 2011

Dear Sir,
I am in receipt of the May 10, 2011 response to Federal Complaint 3:10cv1471 from the State of
Connecticut Attorney General Office, Assistant Attorney General Maura Murphy-Osborne.
This correspondence is an attempt to bring to the attention of the Office of the Governor , the
disparities within the policy and the legal defense within the response.
For instance, on June 2, 2011, the governor during a press briefing mentioned, I believe, about adhering
or abiding by the law. The response of the assistant attorney general does not reflect that policy.
State Senator Suzio mentioned during a June 2, 2011 session at hour five through hour five and thirty
minutes that the methodology (not the law) used by the state during the previous two decades or
More were fraudulent, and in fact the state kept two separate records.
Mistakes were made in the past. The Governor stated on June 9, 2011. However, the attorney
representing your administration is using the very same fraudulent arguments of the past.
I have requested a conference with defense counsel, to no avail. The state has until June 13, 2011 to
respond to the complaint. Is it possible that your office can meet with defense counsel and reach a
common defense? This will save some time and costs involving the complaint.
Senator Harp retorted that what transpired during the course of the past two or more decades was not
fraud. State employees intentionally misrepresented facts material to my workers compensation
benefits among other things.
If it was not fraud, then why did this happen to me? Consistent with mistakes, Why hasnt anyone
fixed this? No that you can, but assistant attorney argument indicates not fix, not mistake, not
fraud.
Can you please confer with the Office of the Attorney General and maybe come to a consensus? Once
again, I will have to make FOI requests etc., and I would like to save the time and money if your
intention is to settle this case so I can get on with my life, or not.
Thank you for your time and consideration into this matter.
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CERTFICATION


This is to Certify that a copy of the Foregoing has been electronically mailed to State of
Connecticut Assistant Attorney General Donna Hixon-Summers at donna.summers@ct.gov
on this 2
nd
day of January, 2011.

This is to Certify that a signed copy of the Foregoing has been sent Via Facsimile this 2
nd
day
of January, 2011 to Assistant Attorney General Donna Hixon-Summers at (860) 808-5387.

This is to Certify that a signed copy of the Foregoing has been posted for download at
Urbnanthony.com.

A Copy of the Complaint/ Amended Complaint was mailed Via US Mail on November 23,
2010 and a signed copy will be mailed January 5
th
2011 to Assistant Attorney General Donna
Hixon-Summers 55 Elm St., Hartford, CT 06106.















































































































































































































































































































































































































































































































































































































































































































































































































APPENDIX B









































































































































































































































































































































































































































APPENDIX C























































































































APPENDIX D












































































































































































































































































APPENDIX E










































































































































































































































































































































































































































































































































APPENDI X F


PO: Hey, Anthony.

AM: Hey, hows i t goi n?
PO: Hows i t goi n, man?
ML: Matt LaCl uyze, ni ce to meet you.

PO: Hows li fe, al right?

AM: Al ri ght...
ML: I appreci ate you meeti n us.
AM: i f homel ess i s al ri ght. If homel ess i s al ri ght.

PO: Wel l , we all got our cross to bear, ri ght?

AM: Yup.

PO: Some of the greatest.hey Im gonna wal k i nsi de. I gotta use the bathroom.

AM: Yup. Its downstai rs to your ri ght.

PO: Al ri ght, thanks man.

ML: I appreci ate you meeti n me.

AM: Yeah, whats whats goi ng on basi cal l y?

ML: You tel l me, what can we do for you?

AM: Wel l, Im wai ti ng for Workers Compensati on to settl e my case.
ML: Okay.
AM: I, ya know, I haveI heard from the Di sabi li ti es peopl e,
ML: Okay.
AM: si nce I tal ked to you and, um, they were gonna pi ck i t up. But the judge had sent me a... the
paperwork. I got i t Saturday afternoon
ML: Okay.

AM: And hes gi vi ng the State til November 19
th
um,
ML: Okay
AM:you know whatever they plan on whatever they pl an on

*ML: The di sabi l i ti es part of i t i s that separate from the Workmans Comp thi ng or are they al l
together.

AM: Its al l together.
ML: Okay
AM: Basi call y, I was fi red, when I became di sabl ed.
ML: Okay
AM: You know I got.you saw the fil e. You knowI basi cal l y got hurt i n the ri ots back
ML: Yup.
then. And they termi nated me whil e I was out on Workers Compensati on.

ML: Okay. That was back i n 94? Is that correct? 95?

AM: I just found out i n 2009, i t was 94.

ML: Okay.

AM: I real l y dont know when. They were messi ng wi th my fi l es and they put uh, peopl e were
putti ng thi ngs i n my... They made a case, whoever i t was i n Personnel or Human Resources,
DAS

ML: Okay.

AM: or whatever they jumbl ed up my fi l e and I just reall y found out about thi s i n 2009, when I...

ML: Okay.

AM: went to reti re
ML: Yup.
AM: that I was fi red, so thats basi cal l y how thi s started.

ML: Yup.

AM: Thats basi cal l y the just of i t. Theythey asked me. I di dnt know I was termi nated unti l uh,
Hel en Kemp, I put i n my papers and the Comptrol l ers Offi ce told me that they had termi nated me
i n 1994 when I was out on Workers Compensati on. So we had a heari ng i non May 5th of thi s
year
ML: Yeah.
AM: i n front of Commi ssi oner Del aney and

ML: Yeah.

AM: the Assi stant Attorney General, she, uh, admi ts to l osi ng and destroyi ng papers i n my fil e.
Thi ngs were i n my fi le, that werent supposed to be i n my fi l e.
ML: Yup.
AM: ...They dont know who put i t i n my fil e. You know theythey put, somebody, uh, put
together a Separati on of State packet or whatever, you know and I had no i dea i t was i n there. I
di dnt si gn any papers or any of that thi ng li ke that

ML: Yup.

AM: You know, but what I did do I told em I woul d consi der my resignati on, but you know youre
a State Pol i ce Offi cer.
ML: Yup.
AM: you know that you have to reti re from State Servi ce, i f you get i njured offwhen you get
i njured on the job
ML: Yup.
AM: you have to si gn your way, you know,
ML: Yup.
AM: your way out. And that never happened. You know, i ts been 17 years, I been tryi ng to get
thi s to happen.
ML: Yup.
AM: You know then thi s guy Dzuzenda or whatever hi s name one of the wardens from DOC, he
was i n charge of the Task Force i n 95

ML: Okay

AM: and they came at me, you know they were staki ng out my house and everythi ng. They were
doi ng some crazy crap. So I basi cal ly l eft the state.
ML: Okay.

AM: And then thethe Justi ce Department and thi s dude that I met down at the Bureau, down
here on Orange St. i n New Haven from the FBI

ML: Okay.

AM: He l ooked up some thi ngs and heand they took i t from there and the ball got rol l i ng; you
know they basi cal l y took my case from 1995 because I fi l ed a Federal l awsui t agai nst John Rol and
ML: Okay.
AM: and the DOC then
ML: Yup
AM: you know for Harassment, Di scri mi nati onor whateverwhat have you. And then they
pi cked up my case and started i nvesti gati ng and i ts too bad they di dnt get Bl umenthal and al l of
em. They onl y got Rol and,
ML: Yup
AM: you know, soRell s stil l there and then thi s thi ng wi th Si scoBrenda Si sco. And shes at
OPM, she was at DAS. They had the Agency for Affi rmati ve Acti on i n DAS and she was doi ng al l
thi s crazy stuff, you couldntyou know even when I fi l ed a compl ai nt and I went out to the
Troopers Barracks out here i n Bethany
ML: yup.
AM: the troopers woul dnt do anythi ng. They woul dnt do anythi ng. They said they coul dnt
do anythi ng about i t. And i t wasnt until Agent Boone got i nvol ved that they reall y started to take
i t seri ousl y.

ML: Now, what did you tel l the troopers*(cant hear what he said) by that ti me?

AM: Oh, I tol d them theyre out there. I feel l i ke thats ki nd of Harassment. You know, Im out
here on Workers Compensati on
ML: Yup
AM: you know Im tryi ng to get a Doctor you know and they took my Doctor away.and then I
started getti ng l etters: Im on out on workIm on Unauthori zed Leave of Absence l a l a la and
i f you dont do thi s were goi ng to termi nate you.
ML: yup
AM: You know, I di dnt thi nk these peopl e were seri ous, I mean here I am si tti ng out here on
Workers Compensati on
ML: yup
AM: and theyre sendi ng me l etters to termi nate me. They took my Doctor.
ML: Okay.
AM: You know I went i n front of Workers Compensati on 13 ti mes. Thats li ke a kangaroo court. I
mean 13 ti mes.
ML: Yeah
AM: 13 ti mes I went. I even won my case. The Commi ssi oner ever granted me my i njuri es and
they sti l l,
(Cant hear what you sai d Phone cal l)
AM: Hm? Li z, oh Ill call her back. but you know theyre basi call y uh

ML: Im just gonna take notes if you dont mind

PO: Whats the current status of the Workmans Comp cl ai m now?

AM: Wel l, Im wai ti ng (chuckl e) ..

PO: I mean i ts been goi ng on for so l ong.

AM: Yeah, but thi s i s the thi ng.Del aney, Commi ssi oner Del aney he heard the PreFormal heari ng
on my first* i n 1990 uh 95, 96, 97. He heard all of my PreFormal i ssues. The i ssues I rai sed i n my
PreFormal was the same i ssues he granted Cozzol i no or Cozzol i ni. The same i ssues that I rai sed
where he sai d he couldnt gi ve me my benefi ts; the same i ssues that hehi s attorney rai sed for hi m
and he got hi s benefi ts. And Commi ssi oner Del aney said so on may 5th that he actuall y heard hi s
Cozzol i no

PO: The whi te C.O., the whi te guy?

AM: Yeah, I mean theres a few of em. I mean, Im doi ng my work and theyre not doi ng thei r
work. You know, Im not stupi d. If I goIf I go up i n front of the Commi ssi on and Im out here
and Im i ntervi ewi ng Im not onl y out here fi li ng for mysel f.Im out here i ntervi ewi ng peopl e
that I worked i n the uni on that I represented in the State of Workers Compensati on i ssues in DMR
and the Department of Correcti ons.

PO: Yeah, but hi s si tuati on di dnt work out for hi m.

AM: Yes i t di d. Hi s si tuati on worked out great. He Reti red.

PO: Thats not what we heard, ri ght?

ML: Yeah, he may have reti red, but hes not getti ng any benefi ts.
PO: Hes not getti ng any benefi ts.

AM: No, hes not getti ng hi s benefi ts now, because they overpai d hi m hi s benefi ts. Hi s benefi ts
wi ll ki ck back i n, i n a few years. But the i ssue i si s what the reason, the reason why Im not
getti ng my benefi ts i s the same reason hes getti ng benefi ts. I mean, i f youre i njured on the job and
you cant and you get the medi cal documentati on and the your Doctors, and the States Doctor, and
the Commi ssi oners Doctor, and the Judges Doctor say you can no l onger do your job, because of
that i njury and I dont get credi ted for servi ce for the ti me that Im off from work and he gets
credi ted ti me for ti me hes off of work was the same i ssue. The same medi cal i ssue. I can not do
my job any l onger and I have the same medi cal documentati on. I mean, I researched hi s case. Its
the same i ssue and all Im sayi ng i s how di d he get credi ted for servi ce and I dont get credi ted for
servi ce? How does someone put a Separati on of State Form i n my folder? How di d I reti re and I
di dnt get any reti rement paperwork? How did i t happen? Who actuall y seal ed thi s stuff and
si gned my paperwork and all thi s stuff to process me out of State Servi ce.

ML: Now you menti oned before that there was a, um, Commi ssi oner or somebody you said that,
that uh admi tted to you that somethi ngstuff was i n you fil e that shoul dnt have been.

AM: Yeah, I mean the, I mean the, Co

ML: Do you remember?
AM: Commi ssi oner Del aney. We were.
ML: No, no, no.
AM:...si tti ng there i n a PreFormal
ML: No, you menti oned that i t was a State, not a senator or somethi n li ke that. I know you
menti oned Del aney, you said there was somebody, I dont know i f i t was DAS or wherever, you
sai d they fi nal l y admi tted to you there was paperwork i n your fil e that shoul dnt have been there.
Do you remember who that was?

AM: No, no, no, there was aYoure tal ki ng about the Attorney General..

ML: Yes, okay..

AM: Assi stant Attorney Donna Hixon-Smi th.
ML: Okay, now she.
AM: ...thats who youre * tal ki ng about (?)
ML: Im just aski ng you because you didnt say the name earl i er, you just menti oned somebody
from.

AM: From the Attorney General s Offi ce.

ML: Okay and that was.*(?)

AM: Yeah, you could *...I mean you need to tal k to her and you need to tal k to

ML: What was her name agai n?

AM: Donna Hi xon-Smi thwhat wasi s her name sti l l Donna Hi xon-Smi thuh Summers, she
changed i t to SummersSummers li ke the

PO: Donna Summers
ML: Donna Hi xon-Summers

PO: Shes not si ngi ng now i s she (ML and P chuckl e)

AM: Hey man, i t was a crazy ri de. I dont know what shes doi ng now, but shes* i ts li ke a
chamel eon.

PO: And shes a Assi stant Attorney General.

AM: Yeah, theyll tel l you. And you mi ght want to tal k to Di anne Pi erpont. She's sti ll at, uh.
DT: Soci al Servi ces
AM: Soci al Servi ces. She use to be at DOC, but shes at Soci al Servi ces.

PO: Di anne? Pi erpont?

AM: Pi erpont. Yeah, she was managi ng my fi l e at DOC. And Li nda Fowl er reti red. I dontI
never met Mi tch Drabekbut he sent

PO: Wheres Di anne at now? You said she

AM: Di anne Pi erpont i s at Soci al Servi ces.

PO: Soci al Servi ces, she was at DOC.

AM: Right, now I have never met Mi tch Drabek, but hes the one that sent me the termi nation,
unauthori zed l eave of absence papers.

PO: Okay, now whos that? Whats hi s name agai n?

AM: Mi tch Drabek. I dont know who thi s guy i s. But hes the one that sent me those papers back
then.

PO: But, hes not from DOC?

AM: Hes from DOC when I was there you know when I was goi ng through thi s

PO: Personnel Di vi si onor somethi n?

AM: Right, I never met hi m, because he was sayi ng come i nto my offi ce so I coul d termi nate
youor somethi ngI was l i ke termi nate you I got * .thi s i s the peculi ar thi ng..He, They gave
300 some odd days of unauthori zed l eave. Youi ts crazyI dont know what

PO: And you were out on Workmans Comp duri ng that ti me?

AM: Yeah, I have the deci si on i n here. Thi s i s what Im sayi ng.I mean I dont know i f Im tal ki ng
a different l anguage or somethi ng, but I mean I have a* when the judge, when the commi ssioner
granted me and sai d that I was enti tl ed to Workers Compensati on benefi ts, thi s i s the reason why I
appeal ed to the Appel l ate Court and argued my case i n front of the Supreme Court i s because I
knew that once they affi rmed the deci si on of the Commi ssi oner that they coul dnt go back and
change i t. Do you understand what Im sayi ng? That was the onl y securi ty I had was to get thi s on
paper.

PO: YepSo thats on fil e now they cant touch i t


AM: Yes. They cant change that. But what Im tryi ng to tel l you i s theyre tryi ng to change that!
Thi s i s what Im, I mean.
PO: What I dont get though i s, I read your fi le and they said theres unauthori zed leave of
absence. How could you have been on Workmans Comp., but i ts sti ll techni call y l eave of absence?
I dont understand that. You know what I mean?...
AM: Hel p me.
PO: Maybe you werent techni call y out on Workmans Comp. I mean were you? You cant be
AM: You want to read the deci si on?
PO: What Im sayi ng i sone cant be wi th the other.
AM: (chuckl e) Hey, two, what did I say?
PO: you know what I mean? Hey, thats why Im aski ng you. Those letters say.
AM: Two objects cannot occupy the same space at the same gi ven ti me.
PO: Those l etters say, Mr. McKni ght.
AM: Yeah
PO: you need to gi ve us medi cal i nformation as to why youre not here; youve not been at
work. Were l ooki ng for you. You know what I mean?
AM: Yeah, they had al l that.
PO: That doesnt make sense though. If youre techni cal l y out on Workmans Comp, they woul dnt
be call i ng you or aski ng you that i f youre on Workmans Comp.
AM: Look man, I woul d say the devi l, but theyl l say theres somethi ng wrong wi th me. You
know?....
PO: You understand you understand why Im aski ng you that?
AM: ...I call i t what i t i s.
AM: I say, Ive been sayi ng i t for 17 years, when I l ost my house, my kids, my wi fe, everything. I
been sayi ng thi s and just l i ke youre si tti ng there sayi ng you dont understandI went i n there just
l i ke you and everybody el se does and I put my hand up when I went through that academy and I
dont know how you feel i f somebody i s si tti n there hi tti ng you wi th all ki nd of wei ght equipment
and thi s and that and mop sti cks, broomsti cks, buckets, trashcans and youre i n there fi ghti ng for
your l ife, but i f your jaw gets broken, your shoul der gets di sl odged and your si tti ng there al l i n the
i nfi rmary at the jail you know thats not a good thi ng and you would thi nk that peopl e woul d
actual l y not make sure that your bi ll s dont get pai d, but thats what they di d. They basi cal ly
rui ned my li fe. Thats what they di d. You got some evi l peopl e i n Department of Correcti ons.
Thats just how i t i s. I dont have to make i t up. I dont have to make i t up. I mean I got all the
paperwork. I mean, I sent i n the paperwork i f you
PO: Now l et me ask you somethi ng...
AM:If you want to see al l the paperworkheres the document
PO: No, I wanna ask you a questi on.
AM: Yeah
PO: Now i s thi s an i ssue regardi ng you speci fi cal l y or an i ssue regardi ng DOC and the i ssue of
race?
AM: I thi nk i ts aWel l Im a say thi s to youI thi nk i ts an i ssueI thi nk i ts an i ssue of how they
treat the di sabl ed peopl e, i t i s a i ssue of race and when i t comes out.every Negro and Hi spani c
Offi cer I spoke to and i ts been qui te a few of them, uh, they all sai d that theyve been offered the
same Chapter 568 benefi ts and not the 5-142 benefi ts, now I dont know, that cant just be a
coi nci dence that where if I si t here and youre the judge and the Law says wel l If you qual i fy for
these benefi ts, uh, youre guaranteed thi s under the Law provided you get i njured on the job. Li ke
say i f you was to Thank God youGod forbid if you were to get shot and the Law says If you get
shot whi l e doi ng your job today that, you know, your hospi tal bil l s are gonna get paid and theyl l
say well i f you cant go back to work were gonna conti nue to pay your check, whi ch i s onl y ri ght
you al most l ost your li fe.
PO: Ri ght
AM:. doi ng your job defendi ng thi s thi ng right here. So if the Law says that and I go to you as a
judge sayi ng you know I just got shot I got bill s I got thi s and youre tel li ng the judge wai t a mi nute,
uh, but we got somethi ng over here for you and youre sayi ng no I, I want my benefi tsNo wel l
were not gonna gi ve you youre benefi ts, were gonna gi ve you...you know $150 a week, and then
youre gonna thi s and that and the other thi ng, you know, thats crazy, but then if I l ook on and I do
my research and I go up here to the appropri ati ons commi ttee and I actuall y l ook at the numbers
and Im fi ndi ng out well where thi s money i s goi ng and I go to see Mr. Ci cchetti i n hi s l aw fi rm and
I see, uh, Deborah Nemeth i n her l aw fi rm and I know the Correcti ons Offi cers and them that went
and they represent them and theyre tel li ng me the same stori es that Im getti ng and the attorneys
that are representi ng the Negroes over here are gi vi ng these peopl e Chapter 568 benefi ts, but
Cozzol i no and Ci cchetti and them are gi vi ng thei r peopl e 5-142 benefi ts theres somethi ng wrong.
There i s somethi ng wrong. And when you fi le a compl ai ntIf I fil e a compl ai nt toto the person
thats out here di scri mi nati ng agai nst me and the Affirmati ve Acti on i s i n the department
thathow can I fil e a compl ai nt when the Attorney General s Offi ce i s representi ng them and the
and the Affirmati ve Acti on i s i n the Attorney General s Offi ce? And hes the one that i s going i n
and hes argui ng hi s case agai nst me. Now you thi nk the Affirmati ve Acti on i s gonna hear my
case? Its been 17 years. I got a l etter l ast week and i ts been 17 years. I fi l ed these papers in 1993-
94. 17 years. Come on you gotta be kiddi ng me. I got peopl e from Washi ngton, D.C., call ing me
now. And theyre talki ng 17 years, l ike I want to tal k to them now. All they gotyou know the
judge, the judge he di d wri te me. The judge sai d they havehe wrote me l ast umFri day, I got
thi s l ast Fri day.
ML: Now, whi ch one, whi ch ones that?
AM: Hey man, thi s i s the best l etter I ever had. Thi s i s the judgeThe Federal Judge, downtown
judge. He wrote me l ast week. He di dnt even wai t for the watchahe didnt even wai t for thei r
response to my compl ai nt or nothi n he just says you, you knowthi s i s why I thought you came
from Workers Compensati on totel l Mr. Mastropi etro and them, they have 19 days before they
pi ck i t up and, I mean, I dont thi nk they want those peopl e li ke that i n their ass. Because, I had
nothi ng to do wi th that.
PO: Yup.
AMno one ever hel ped me l ike thi s, i n 17 years. Thats why I didnt want to, I was ki nd of
ML: So, they have to have the deci si on out for you.
AM: By next Tuesday.
ML: Okay and thats from Workmans Comp?
AM: They know Imand thi s i s whats so funnywhy make me wai t all thi s ti me? I mean, Im
sti l l homel ess 6 months after the heari ng. If youre gonna gi ve me my money coul dnt you just gi ve
i t to me on the 6
th
. I mean, i ti tsno, but what Im sayi ng the peopl e that are cal li ng that are
i nterested i n thi s case now areare not just bul l shi tti n around. You know and Im sayi ng why you
need peopl e li ke that bl owi ng smoke up your ass, just to get you movi ng, when thi s takes 17 years.
Why dont you just si gn the paperwork, gi ve me my check, gi ve me my Bl ue Cross Bl ue Shiel d l ike
I had before so I can go to my denti st and get my jaw fixed or whatever has to be done. Ive been
bl eedi ng for 16 years * so.
ML: Let me ask you a questi on, were youdid you appl y before and were denied?
AM: Appl y for what?
ML: Workmans Comp.
AM: No.
ML: Li ke before your reti rementweredi d you appl y before...so you di dnt appl y before?
AM: Neversee thi s i s what Im sayi ng when you get hurt on the job, they could reti re you wi th
what they cal l a di sabi li ty reti rement
PO/ ML?: Yup, whi ch one i s the
AM: 568
ML:.568 or the ok.and the 142 i s what?
ML: Thats the.
AM: The 142 i s the Chapter 65. See Chapter 568 deal s wi th the Workers Compensati on Law,
Chapter 65 just deal s speci fi cal ly Publ i c Safety Offi ci al s empl oyee of Department of Correcti ons,
etc., etc.
ML: So, they l et you reti re on Workmans, but they wont l et you as a State Empl oyee, correct?
AM: They wont process my papers.
ML: Okay.
PO: Are you gonna fil e a moti on about thi s or no?
AM: I just want my money. I dont want to fil e.
PO: I know, but thi s judge i s rul i ng agai nst you.
AM: No, hes gi vi ng me an extensi on, basi call y
PO: Wel l , hes sayi ng thatthat the grounds of what you put forth on the cl ai m are not suffi ci ent
probabl e cause
AM: If you just read
PO: I read the whole thi ng and i t says at the end that you have an opportuni ty to fil e a moti on by
the 19
th
.
AM: Ri ght.
PO: Otherwi se, i ts over.
AM: Right, thi s i s what Im sayi ng.
PO: Are you fi li ng a moti on?
AM: I wont know. It depends on i f the case is di sposed of on the 2
nd
. They have until the 2
nd
.
PO: Okyou reali ze that thi s judge says the facts that you put forth
AM: I di dnt put any.
PO: are not.
AM: I di dnt put any facts.
PO: Thats what he i s sayi ng. He said there are no facts.
AM: But, Im gonna put the facts forth.
PO: Oh, because Im thi nki ng you better do i t sooner or l ater.
AM: I have unti l the 19
th
and I have a meeti ng wi th the di sabil i ti es peopl e, so, Theyll besee what
happened i swhat happened i s they had athe ti mi ng the ti mi ng from the EEOC and the overl ap
from the ti me the Workers Compensati on has thei r deci si on i s l i ke a 2 weeks di fference. So the 2
weeks di fference I hadtheyl i ke I told you, i f they wanted to render the deci si on before the
November 2
nd
deadli ne they could have and I woul dnt have to be goi ng through thi s, but because
they didnt I have to fi l e these papers i n Federal Court, to keep my opti ons open. My Abil ity to
Sue them open, so thi s i s onl y basi cal l y a 30 day extensi on.

PO (to ML): Thi s i s sayi ng he di dnt put any facts forth regardi ng the casetheres not suffici ent
facts to even have a case and
AM: Unti l I fi l e.
PO (to ML): he has to fi l e wi th suffi ci ent facts
ML: Are you gonna fi l e though?
AM: They said theyre gonna l et me know next week.
ML: Al right, so, and thats from Workmans Comp, ri ght?
AM: Ri ght, see I cant fi l e.
ML: If the Workmans Comp deni es you, youl l fil e a cl ai m?
AM: If they...If they gi ve me my deci si on and all ow me to reti re thethi s i s not anythi ng.
PO: But, what Im sayi ng i s, why havent you provi ded them wi th the facts pri or to thi s now?
AM: Because, Im si tti ng here wai ti ng for the deci si on from OPEB
PO: Okay.
AM: Im wai ti ng for the deci si on from the Department of Admi ni strati ve Servi ces
PO: Yup.
AM: and Im wai ti ng for the Treasurer and Chri sti ne Shaw and them. Thats why.
PO: Okay.
AM: Thi s i s onl y a matter ofLi ke saysee when I fil ed my EEOC compl ai nt the actuall y gave me
the permi ssi on to sue.

ML: Can I see that?
AM: They gave mesee the EEOC gave me permi ssi on to sue, but the days that they gave me
permi ssi on to sue between that and the ti me the deci si on i s due
PO: Yup.
AM:i t doesnt overl ap, so, I had to fil e my papers to keep my, my...what do they cal l i t, my
ummy Abil i ty to Sue open. Basi call y, what is that i s, i s a 30 day extensi on. Thats basi cal ly what
i t i s; i ts a 30 day extensi on.
PO: Yeah.
AM: But, i f they dont have i t done by li ke say if they dont have i t done by the end of next week,
yeah Ill have them i n by the week before that.
ML: They have to havethey have to have thei r, uh
(Cant hear I thi nk hes tal ki ng about the judge)
PO: Judge.
AM: Judge ?Travi ck*?
ML: Yeah, but your uh, you have to have your Workmans Comp thi ng out by the 3
rd
; you have to
have i n your hand by the 3
rd
, ri ght?
AM: Wel l the case was cl osed on July 6
th
, so he sai d he has 120 days.
PO: Let me ask somethi ng. What do you thi nk the ruli ngs gonna be?
AM: I dont know, man.
PO: You have no i dea?
AM: Man, I was goi ng through thi sI have no i dea.
PO: Do you thi nk i ts gonna be i n your favor?
AM: It shoul d be. I was thi nki ng i t shoul d have been i n my favor every ti me I went i n front of a
judge.

PO: But what makes you thi nk i ts gonna be in your favor now? Whats changed?
AM: Youl l see. Youl l see, I
PO: Al ri ght.
AM: Its gonnaif i ts not i ts gonna be great. I dont care whi ch way, I been out here i n the street
sl eepi ng out here for 17 years.
PO: What do you mean by? I dont understand what youre sayi ngi ts gonna be great
AM: I mean i ts gonna be great. Di d you see my websi te?
PO: I did, but youre sayi ng i f they rul ethey rul e agai nst you i ts gonna be great. I dont know
what that means.
AM: I mean if they wanna cause chaos and havoc i n thei r l i ves, thats fi ne.
PO: Theres al ready a ton of chaos and havoc bei ng caused ri ght now, (chuckl e) on everybodys
end.
AM: Thi s i s what Im sayi ng so if they want to resol ve thi s, they coul d resol ve thi s.
I mean what can I do? What can I do? I cant do anythi ng. Only thi ng I can do i s.
PO: I thi nk thats what were
AM:i s wai t.
PO: here I thi nk thats what were here asking you.
AM: ...i s settl e my case. They have my settl ement papers. I gave them my settl ement papers.
ML: Okay
AM: Workers Compensati on i s

ML: Let me ask you a dumb questi on though, just Im gonna put i t out there bl untl y for ya, i f they
rul e agai nst you, youre not gonna try anythi ng stupi d, ri ght?
DT: Hm!
AM: Stupid?
DT: Oh, thats what thi s i s about. Thi s i s crazy. (chuckl e)
AM: Come on, man.
PO: Im just aski ng you.
DT: Thats why theyre here (chuckl e)
PO: No, youre not gonna do anythi ng of acri mi nal nature? Are you?
AM: No, no, no. Stop, stop, stop. I havent done anythi ng of a cri mi nal nature si nce I was .Im
46, stop pl ayi ng.
PO: We dont even know why were here.
DT: I mean he did hi s job. You di d your job. Let them do thei rs.
AM: Thi s i s whyl i sten.Youre here because.
PO: As an agent of the State. (chuckl e)
AM:...Youre here as an agent of the State. But because, Mrs. Obama cared enough to make sure
that I stop sl eepi ng on the street. Thats why youre here. You dont know why youre here,
because I understand
PO: I dont know about that. She didnt call me, but, yeah (chuckl e).
AM: Hol d on hold on, No, no, no. Thi s i s not funny. You asked me a questi on
PO: I know
AM: Thi s i s why you are here; thei r job i s not to tel l you why youre here. Youre job i s a l aw
enforcement offi ci al . Youre job i s to go when the say go and to do what they say do when they say
do i t. I understand that. I took the oath and I was i n there, Im trai ned just l ike you were trai ned.
So i f Im tell i ng you that i f theres people down there i n the Justi ce Department that are concerned
and Im not on the newspaper and al l thi s stuff down i n Phi ll y for nothi ng and I wasnt out here
l obbyi ng for nothi ng, for 17 years. And people arent al l of a sudden li steni ng for nothi ng.
PO: Ri ght.
AM: And the Justi ce Department i snt all of a sudden payi ng attenti on for nothi ng. Payi ng
attenti on to my websi te and yal l arent al l of a suddenl y here for nothi ng. So, Im not.

PO: Ri ght, you use a good word, when you sai d concerned.
AM: Theyre concerned. And al l Im sayi ng is when the Fi rst Lady of the Uni ted States of Ameri ca
has some of your work i n her hand and she tal ked your words our of her mouth. Peopl e are gonna
l i sten. Now if they want to si t up here and si t on thei r hands a l i ttl e bi t further thats fi ne. I dont
care I didnt care then when i t came i t ti me for me to pi ck up and be a man. I was a man then. You
know i ts not easy si tti ng here bei ng havi ng 2 Masters Degrees, sl eepi ng on the ground, but now
Im Professor Anthony McKni ght. And thei r gonna respect me as that.
PO: Ri ght.
AM: I teach ethi cs i n government now. You understand what Im sayi ng? And Im gonna sl eep
on the ground and when I come and I tech to my students, Il l be sl eepi ng on the ground unti l the
State of Connecti cut fi xes my jaw, and gi ve me my money, and they si t there and I coul d go l i ve i n a
house, l i ke you two do. Because, you took the oath just l ike I di d. Tel l Mastropi etro that.
PO: Thi s i s not a case about he or I
AM: No, Im not sayi ng i t i s a case about you al l, but just li ke the two of you are si tti ng there, you
got up out of your house and I dont know whi ch one of you I tel ephoned. Whi ch one was i t that
sai d they were wi th thei r chi ldren at church?
ML: Me
AM: Okay. I thi nk that I shoul d have had an opportuni ty after providi ng a servi ce to the State of
Connecti cut to spend ti me wi th my kids, l ike you do. They prevented that. You dont understand
the havoc thats caused when youre l ayi ng on your back and cant walk. And you cant expl ai n to
your wife why you cant get up and go as a man and go out there for months at a ti me and do what
you got to do and you si t here and you go to your warden and you tell hi m that you di d your job
and they cut off your check and they fire you and then you go to the Doctor and the Doctor si t here
and say I cant hel p you no more, because the Stats not gonna pay your bi l l s no more. It doesnt
make you any any what more what crazy or i nsane or anythi ng
PO: No, I know.
AM: .or anythi ng. It just hurts a l i ttl e bi t.
PO: but
AM: thats al l
PO: Mr. McKni ght, what Im sayi ng i s theres sti l l no guarantee thats gonna happen.
AM: It doesnt matter. Ive been l eani ng on GOD for 17 years. Not the State of Connecti cut. I
mean thats what you l ean on, I l ean on God. I dont care about the State of Connecti cut ri ght now.
State of Connecti cut hasnt hel ped me i n 17 years. Ill pay attenti on to the State of Connecti cut
when the State of Connecti cut sends me a check and a Bl ue Cross Bl ue Shi el d card. And you coul d
tel l Mastropi etro that. And my reti rement papers from the Department of Correcti ons, pl ease,
when you get ti me. Thats what I need. You coul d tal k to Helen Kemp. I mean thi s has nothi ng to
do wi th anythi ng el se. You coul d tel l Mastropi etro, you know. Ihe was i n there when Frankl was
i n there and i f he sent you here he knows what I'm tal ki ng about. I have hi s report right here he
knows exactl y what Im tal ki ng about.
PO: I thi nk we have as many questi ons as you do because thi s i s as because thi s i s as concerni ng
and questi onabl e on our end on everybodys end. For # 1 we dont even know why were here.
#2 We dont know why thi s has gone on for so l ong.
AM: (chuckl e) Exactl y. Thi s i s what Im saying. Thats the beauti ful thi ng about i t. Thats what I
tol d the l ady l ast week, You cant even hel p thi s si tuati on.
PO: But and hel l agree
ML: Thats the thi ng.
PO: We been here talki ngWe been here talki ng for a whi le, I feel li ke Im more confused now
than I was before we met.

AM: Wel l, did you l ook at the fil e?

PO: I l ooked at the fi l e. It says you fai l ed to show up for work and they kept tryi ng to say to you,
you gotta come back to work, you need documentati on or youre gonna be fi red and then youre
fi red. Li ke Ithat part I dont get.
AM: The Doctor. I just showed you the paper.
ML: Yeah.
AM: Thats the Doctor. Im out on Workers Compensati on. Do you understand what Im sayi ng?
ML: Now, what was the date you got hurt?
AM: April , I got hurt April 26 93, right before the Laws changed and al l that.
PO: But, okay, so youre out on Workmans Comp, but
ML: It took you a year to get that though, ri ght?
AM: No, no, no. I went.I was goi ng and what happened i n the jai l was short and we were
runni ng li ke 15-20 peopl e down a shi ft and what they woul d all ow me to do was li ke do vi si ti ng,
you know you, do vi si ti ng stuff l i ke that.
PO: Ari ght, so.
AM: You know and then
PO: You get hurt on the job and youre l i ke off and youre home hurt.
AM: Yeah.
PO:.at then, at then some poi nt do they say to you: ei ther your i njuri es are not consi stent wi th
bei ng Workmans Comp or yeah youre not hurt enoughyou need to come back to work. And
you say I dont agree wi th that. Is that how that worked?
AM: No, they actual l y sent me the paperwork sayi ng: Heres your paperwork sayi ng you were
i njured on the job by an i nmate and your cl aims have been accepted.
PO: Di d the Doctor say to youyou canIm gi vi ng you a note to stay home, or?.
AM The Doctor sai dThe State Doctor said, Gi ven your i njury, you can no l onger perform the
duti es of a Correcti ons Offi cer.
ML: Okay, now at the ti me did they have a l ight duty stati on?
AM: No,
ML: okay
AM: then they sent me a l etter
ML: Yup.
AM: .sayi ng we do not have any l i ght duty for your di sabi li ty.
ML: Okay.
AM: I got that l etter.
ML: So, what did you do?
AM: What do you mean what di d I do?
ML: Well , can IIm just sayi ng, when we get hurt we dont have any l ight duty status, ei ther. So
l ets say i f we get hurt, but were ok to work, but we cant work our job
AM: Yeah.
ML: Theoreti cal ly, your Workmans Comp, we have to go out and l ook for a job.
AM: Yeah, I went back to school .
ML: Okay, so you did that though?....
AM: Yeah, I do al l that.
ML: you went
ML: Alri ght. Im just tryi ng to fi gure out why they deni ed thi s though.
PO: Thats what were tryi ng to figure. We dont understand.
AM: Cause they are corrupt.
ML: What, what did you doIm tryi ng to see what di dnt you what obl i gati ons didnt you
do.
AM: There was none. The Commi ssi oner didnt say that. The Commi ssi oner says you qual i fy.
PO: But the l etters i n the fi le say you need to come back, you need to cal l us you need to come back
to work.
AM: They fi red me. There was no come back to work.
PO: Because you didnt come back to work, they fired you.
ML: Now l et me ask you a dumb questi on though.
AM: Si r, they said that we have no work. You have to appl y for for l i ght duty work. I appl i ed
for the duty work. If you read my fi l e, youll have the l etter that says, We have no li ght duty to fi t
your di sabi li ty.
PO: Ri ght, well
AM: Its i n there.
PO: What youre sayi ngyou werent forced to do l i ght duty thats what Im sayi ng...
AM: No, they woul dnt l et me back i n the faci l i ty to do any li ght duty or anythi ng. Do you
understand what Im sayi ng?
PO: No, actual ly Im confused because
AM: I mean if Imi f you have a facil i ty, li ke say i f that was a jail and thi s was Personnel out here
and Human Resources not attached to the jai l, I appl i ed for all those jobs.
PO: Ri ght, but, the thi ng i s.
AM: Every Correcti ons Offi cer job.
PO: The Doctor was sayi ng to you, you were not wel l enough to do that basi cal ly.Ri ght? Or no?
What di d the Doctor say?
AM: The Doctors were sayi ng I need further medi cal hel pto, tofor my i njuri es. Thats what the
Doctors were sayi ng. Thats what the State Doctors were sai d, the Workers Compensati on Doctor
sai d and thats what my Doctor said.
PO: So, that means, you woul d have been able to just stay home and not have to do anythi ng and
col l ect and youl l be okay.
AM: Yeah. Basi cal ly. I coul d stay home and and.
PO: So, what was the l i ght
AM: They wouldnt gi ve me any li ght duty. They coul d have gave me a computer. Im a teacher;
they coul d have l et me teach G.E.D. They coul d have gave me anythi ng. I mean they coul d have l et
me si t out there and push Personnel and Admi ni strati ve fi l es. Im pushi ng them now. Thats why
were here.
PO: But, what Im sayi ng i s, were you well enough to do any of those jobs?
AM: I dont know.
PO: Or no?
AM: They sai d I wasnt. The State said I wasnt.
PO: Okay, so, thats fi ne. Youre not wel l enough to do any of those jobs.
AM: Thats what the State sai d.
PO: So, why are the l etters i n you fil e sayi ng you needThe Doctor says you need to come back to
work? I dont understand.
AM: The Doctor di dnt say I need to come back to work.
PO: The D.O.Cs fil e says that i n tal ki ng wi th the Doctor, you were o- you need to come back to
work.

AM: No. Youre not readi ng the same fi l es
PO: I, I.
AM: The l ast l etterthat l etter I just gave you was the l ast Doctors l etter and what does i t
say.hes i n need of what further medi cal help. I would l ike to see what you have.
DT: Yeah, theyre readi ng al l you papers.
AM: Yeah, l et me see what you got.
PO: Ill read i t to you. February 3, 95. It says, Mr. McKni ght, from Mi tch Drabek
AM: Yeah.
PO: thi s i s to noti fy you that you have been on Unauthori zed Leave of Absence.
AM: Si nce when?
PO: Si nce August 7, 94
AM: Thats what the l etter of the, uh.
PO: It says, You were forwarded a l etter by Li nda Fowler, Personnel Offi cer dated the 6
th
of
December noti fyi ng you of your status and that accordi ng to State Regul ati ons you are to submi t
medi cal documentati on concerni ng your absence and submi t i n wri ti ng a request for l eave of
absence i ndi cati ng start and endi ng ti mes. To thi s date i nformati on has not been recei ved.
AM: Doesnt that sound crazy. To you
PO: I, I
AM: Youre an offi cer. Youre an i nvesti gator, ri ght?
PO: But, where
AM: Doesnt i t sound crazy? I mean i t should sound crazy.
PO: But why didnt you submi t the documentati on?

AM: I di d. I just l et you read i t.
ML: That was the one you submi tted?
AM: Yeah. The Doctor sai d I need further medi cal hel p. They dont .whateverthey were
gi vi ng me unauthori zed.I dont know, dont ask me why.
PO: In that l etter and you and you were l ike.Oh my G-d they di dnt get i t. Why di dnt you go
there and say li sten, Imtal k to her.
AM: Peopl e were campi ng outsi de my si sters house Peopl e were foll owi ng me i n cars.
PO: Oh, okay.
AM: Peopl e were call i ng me call i ng me Nigger. The Attorney General was cal li ng me at night at 9
ocl ock just putti ng a bead on me wi th a car parked outsi de my si sters wi ndow. Youve got to be
ki ddi ng me. You have no i dea what Ive been goi ng through.
PO: Im just readi ng the facts.
AM: Oh, youre just readi ng that, but even i f youre readi ng that.
PO: Youre tell i ng me somethi ng that
AM: If youre readi ng that and you dont understand that you cannot be on Unauthori zed Leave
of Absence after youve been determi ned to have a work compensabl e i njury, then somethings
wrong.
PO: But, but i n your fil e the documents are not there, what theyre l ooki ng for
AM: I dont know what theyre l ooki ng for, I mean theres thi ngs i n my fi l e that shoul dnt have
been i n my fil e. Let me show you thi s.
ML: Is that yours?
AM: Thi s i swhats that? Yup, thats mi ne. Wheres the other one?
PO/ ML: That one?
AM: Yeah. Let me hel p you, because I thought you had al l the papers. Il l show you what
si gni fi cant, as far as, what they di dnt do. And you tell me what, what you thi nk about i t. Heres a
l etter on 12-6-93 when I was out on Workers Compensati on, thats when they took al l of my, uh,
benefi ts. You cant do that when someones out on Workers Compensati on. Thi s i s when they
stopped payi ng the Doctors bil l. When they stop payi ng the Doctors bi ll s you cant get any
treatment. And thi s i s the one youre probably l ooki ng for; I dont know where that came from.
Thats a Separati on of State Form. They gave me thi s l ast year from Hel en Kemp and them, i t was
i n my fil e. We have, we have unti l thi s day they dont know how i t got there and Attorney General
Hi xon-Smi th wi ll tel l you she doesnt know how i t got there.
PO: Si gned fol l owi ng medi cal l eave of absence.
AM: Yeah. You need to do a fi ngerpri nt analysi sa...I mean a hand.
PO: Thi s i s a fraudul ent document.
AM: l ook, l ook, see whoif you could get Donna Hi xon-Smi th and Di anne Pi erpont to wri te that
down li ke they do on tel evi si on and see whose hand wri ti ng that i s
DT: Get you paper back.
PO: Thi s i s your l etter, ri ght?
AM: Thats mi ne.
ML: But youre resi gni ng. (?)
PO: You resi gned.
AM : No, no. I sai d thi s li stenCome on
PO: Thats the l etter thats
AM: Wheres the other one?
PO: The l etter of resi gnati on.
AM: Look.
ML: Effecti ve Date to be determi ned.

AM: Yup. They sent me thi s l etter sayi ng I was on unauthori zed l eave and Mi tch Drabek sent me
that l etter. I said Ill resi gn when you get my paperwork, my reti rement paperwork. They never
produced the reti rement paperwork and and Hel en Kemp and thi s woman ri ght here.
PO: But why woul d you even wri te thi s?
AM: Because, they asked me to put i t i n wri ting. They sai d put somethi ng so that we have good
fai th that youre wil l i ng to leave State Servi ce. I sai d here, i ts no probl em. Its no probl em. I dont
have anythi ng to hide.
ML: And they took i t as you resi gned though.
AM: You cant take i t as I resi gned, because the requi rement for l eavi ng State Servi ce, when youre
i njured i s reti rement. Dont you understand what Im sayi ng? Thi s i s what Im sayi ng.
PO: Yeah, but, I, but I could wal k i nto the Department today and gi ve a l etter and say Im
resi gni ng.
AM: But, you cant l eave State Servi ce til l you go to Hartford and reti re.
ML: Ti l you fi ll out that form?
AM: Right.
PO/ ML?: So you never fi ll ed out that form?
ML: That was just i n you fi l e?
AM: There you go. And ask thi s woman right here. Wai t, wheres the Hel en Kemp l etter? Cal l
her. Cal l her and shel l l et you know everything you need to know. Everythi ng you need to know,
shel l l et you know. Shell even tel l you Im right. She wrote me l ike 10 ti mes already. Shel l tel l
you Im ri ght and shell tell you theres nothi ng she coul d do, because of what they di d. Shes the
onl y one on my si de for real, for real that that actual l y understands whats goi ng on. And you
coul d even see thi s, i f you want to. Li ke Jul y, Jul y 23, 1993 thats when the Law passed. I got i nI
got i njured Apri l 26, 1993. So you should see the di fference i n what they di d and what the Law says
i s supposed to happen. Thats the Law concerni ng how they were supposed to treat me and now
you see me si tti ng here wi thout any of that. So, obvi ousl y they di dnt treat meI dont know.be
qui et, be qui et. Heres the other heres the rest of i tthe Law concerni ng Bl umenthal and them
know thi sthi s al so the Law and the admi ni strati ve procedures that the State of Connecti cut i s
supposed to use when deal i ng wi th an i njury wi th somebody from the from the State Department
of Correcti ons or the State Pol i ce. They didnt do thi s ei ther. When you get...when you get injured
on the job the Stat i s supposed to proceed wi th you Li fe Insurance pol i cy, your Heal th Insurance
Pol i cy, and al l these di fferent i ssues thats gonna come up i n your li fe, because when you get pai d
they take, uh...oh, youre goi ng to enjoy thi s onehol d onyou want to see a good l etter. You
want to see somebody tryi ng to fraud somebodyhere you go. Oh, thi s i s l ovel y. Thi s i s the one
by Di anne Pi erpont sent me back i n, uh.199-uh whatever i t says on i t. Thats great. Oh, we want
you to si gn thi s, do thi s. Yeah, si gn your li fe over, so we coul d real l y screw you around. Read
those. Oh, theyre beautiful. I got so many l etters, theres some more that I coul d, uh, bri ng. I
di dnt want to cl oudyou know bri ng you too much. I got boxes of thi s stuff. And here you go,
thi s i s from Hel en Kemp. Thi s i s the 2
nd
l etter, I thi nk, she sent me. I have the August 18
th
l etter she
sent me, but thats the 2
nd
one, as far as, my reti rement. Where the fi rst one she actual l y li sts the
di fferent, uh, here she l i sts the Date of Servi ce and everythi ng el se. But the fi rst l etter, she actual l y
tel l s me that I was termi nated oni n May of 1994. So, I was termi nated and peep thi s now, I was
termi nated before the Doctor stopped seei ng me. That Apri l, that August l etter, of August 7
th
1994
i s post the day I was termi nated. Heres the check, too. Im gonna gi ve you the check. Youl l want
to seeI dont know i f you saw thi s i n my fil e or not.
(PO bl owi ng breath)
AM: But thi s i s actual l y my termi nati on check. Thi s i s my termi nati on check. Thi s i s aThi s i s
beauti ful. Now, they wanted me to cash thi s check. I want toI want to show you exactl y what
Im tal ki ng about, as far as, the termi nati on check. Peopl e dont beli eve, I mean, Ive been givi ng
peopl e these documents for years and theyre l i ke you gotta be kiddi ng me, nobody di d thi s to you.
They wouldnt do thi s, thi s i s li ke i ll egal. I was l i ke, yeah, i ts i ll egal .
PO: Whos sayi ng that?
AM: Lawyers.
PO: What l awyers?
AM: Who was i t? Kent, um.
PO: Did you retai n them as attorneys?
AM: No, because the wanted me to si gnumtemporary total benefi ts packages. I di dnt want
temporary total benefi ts. I want 5-142 benefi ts. Just l ike Mr. Cozzol i no and them got. Heres
theheres the check. Last paycheck and heres the other check. Thi s i s a fraudul ent check, too.
Thats the one the Rol and Admi ni strati on sent me for 20,000 bucks, I didnt cash i t. Youl l noti ce the
date on that check ri ght there that Im showi ng you i s the same one that corresponds wi th the dates
of my termi nati on on the Hel en Kemp l etter. It says you were termi nated on May such and such of
1994, thats the l ast check. Thats the check right there they sent me to sever State Servi ce. That
goes al ong wi th that DiDi anne Pi erpont l etter that I just showed you. That check ri ght there they
sent me that when they sent me the Di anne Pierpont l etter. So, i f I was i n fact to si gn that l etter i t
woul d have been stati ng my i njuri es di dnt occur whil e I was at the Department of
Correcti ons.(sil ence)I mean i ts amazi ng to me that they even do thi s ki nd of stuff. Ive got an
MPA i n Government. Thi s i s crazy. Honest to goodness. Its crazy. (si lence, poli ce conferri ng)
Yeah you coul d gi ve me those.
PO: These are al l yours, right?
AM: Yeah.
PO: I dont knowI stil l thi nk
AM: (chuckl e) Tell them to send me a check because i ts not gonna be worth i tsendi ng a check al l
those other peopl e they got to.
PO:I stil l feel
AM: they gotta send a check
PO: l ike Im mi ssi ng somethi ng from A to Bstil l seems li ke theres somethi ng wrong wi th the
i ni ti al part of thi s thi ng.
AM: Okay.
PO: Where, where.and whether i ts on your end or not, I dont know. But, I dont understand
the l etters sayi ng, We dont knowwhere are you? Why havent you come to work?
AM: Who?
PO: D.O.C. Were gonna
AM: What do you mean come to work? It didnt say come to work and see me about
PO: It says unauthori zed.
AM: thi s di sci pli nary acti on. Thats not work. Ive been goi ng toLi sten to thi sOn Grand
Avenue they had the Personnel Department. Now Im gonna ask you this. If somebody screws you
around once, okay. If somebody screws you around twice, what are you gonna do? Im not gonna let you
screw me around 3 times.
PO: I just think that if I got a letter saying, If you dont come see us were gonna fire you
AM: They already terminated me. The letter was moot. Do you know what moot means, in a Court of
Law? It means it doesnt
PO: I dontno
AM: really matter after the fact.
PO: I still would have, I still would have taken steps to be like, Listen have you not got my doc.I dont
know.
AM: I mean if I see somebody over here and hes shot 50 times over there, Im not gonna go run over there
and chop his head off.

PO: What does that have to do with anything? That means nothing to me.
AM: okay.
PO: (talking fast, upset) No, do you understanddo ya understand....youre telling me these stories that have
absolutely nothing to do with this case. Nor, does the other Corrections Officer that got his benefitsait
that
AM: It does have to do with it.
PO:its not the same case.
AM: It doesnt have to be the same case, sir. It doesnt have to be the same case under the Law.
PO: Aright, so.
AM: In Public Administration, if you have two of the same substances that go through the same process, you
should have two of the same outcome. Just like any science, 1+1=2. If Johnny goesif Johnny works for the
State of Connecticut
PO: So
AM: .whos a white officer and a inmate breaks his leg and he cant do his job and Johnny gets his
benefits. And then, Anthony, the B officer who happens to be Black, gets his leg busted by an inmate he
should
PO: Al right, right so.
AM: get his benefits to
PO: here we go though back to the issue. Is it an issue of documentation? Is it an issue of harassment? Is
it an issue of race? What is the prime issue thats going on? Or is it all of the above?
AM: Id put all of the above. .
PO: I mean to me that
AM: Id put all of the above.
PO: to me, to me that
AM: Im gonna say
PO: to me.
AM: ...that in my
PO: that sounds like youre on somewhat of a fishing expedition.
AM: Im not on a fishing expedition.
PO: Because, youre saying
AM: I dont, I dont
PO: everyone in the world there is out to get me, its not just
AM: Somebody is out to get me, I didnt say that.
PO: Well you made it sound likewell you made it sound like the D.O.C. specifically targeted you.
AM: well, Im saying this, lets put itlets put it plainly. They didnt do their job. I did my job.
PO: But they did, but they did
AM: They didnt do their job.
PO: But youre saying they did their .
AM: .No, they did not.
PO: job for the white officers.
AM: Yes they did do their job for the white officers. The, the white people in the Personnel Department
processed Mr. Cozzolinos paperwork and they didnt process mine. Why would you not do your job? You
do not have the ability, as a Public Official...
PO: No, I dont know
AM: to elect which packages you put through.not.
PO: I dont know, because
AM: Now were gonna find.
PO: Are you able to proooove evidence of that based on your...
AM: Im gonna
PO: race?
AM: Im gonna prove my case. I like my case. Just like how you say you like your case, I like my case.
ML: Did you do what she asked you to do in this though?
AM: Whats this? Which one.
ML: Cause she says
AM: are you looking at?
ML: the 2009 one from Helen Kemp.
AM: Yeah.
ML: Did youDid you do that?
AM: Oh yeah, we did all that.
ML: Whats that?
AM: Yeah.
ML: Okay, so thats all set?
AM: No, its not all set, because they wouldnt do their job.
ML: No, no, no.
AM: Thats what shes asking me.
ML: You are informed that you do not submit your retirement paperwork directly to us
PO: Right.
ML: ok.you have not done this. So she says today that retirement
AM: Thats September 2009, now.
ML: I know. Thats what Im asking you.

AM: Its been done three times.
ML: okay. Thats what Im asking you.
AM: Its been done with them again. Its been done with D.A.S. directly and its been done with Department
of Corrections directly, uh.
ML: Okay.
AM: Uh, what was her name? Nora Ryan, DOC, John Bishop, DOC. Who else? Who else do we have?
DT: Karen in the Workers Compensation.
AM: Karen in the Workers Compensation. Well, they have all the paperwork.
ML: Yup
AM: The documents. But, see Im gonna say this before you go and ask them any questions.
ML: Yup.
AM: Theres a difference between
ML: Yup
AM:Hazardous Duty Retirement
ML: Yup
AM: and disability retirement. Okay. Lets make no mistake. Theres a difference between disability
retirement and Hazardous Duty Retirement. Now, when you get injured on the job and you file you
retirement paperwork, youre entitled to Hazardous Duty Retirement. Okay, the issue with DOC is they do
not want to give me a Hazardous duty retirement. They want to give me a disability retirement. Therefore,
they do not want to give me credit for service, for the time that I was injured. You understand the issue now.
Thats the legal issue. And thats what this letter states and thats whats before the Workers Compensation
Commission.
ML: Okay, so the bigger thing istheyll give you disability retirement, you dont want that. You want your
Hazardous Duty.
AM: I want the same Hazardous Duty Retirement.hold on. I didnt give you this one. This is what I
wantso you could simply know what I want here. So thereI mean you cantyou cant misinterpret
this. Lets see if we could find his papers. It might be in here. Here you go. Now this is the one that should
clear up everything for youcause I cant believe they didnt give you this stuff before you came down
here.
ML: Some of the stuff we have...
PO: Theres files.
ML: theres files the
AM: No, but read the Hazardous Duty partthe retirement. I dont car about the money he gotwho
caresGod Bless him. If he could get another millionget another million if he could. (chuckle) It dont
affectit doesnt matter how much he go. The fact of the matter is process. They processed his paperwork
and thats a matter of process, right there. Not benefits. It says right there on the paperwork. And Helen
Kemp said so and shes an attorney for the Comptrollers Office. The actually processed his paperwork. The
same oneI mean this is amazing. I mean youre a detective. Youre gonna love this one. You want to see
some fraud in government. Courts. Your court system and all this stuff. People you work for. This is great.
This is the best part of it all right here (chuckle) This is part of it. Heres the Commissioner Delaney.I
circled it for you at the bottomdown there. Thats what he said May 5
th
at the hearing that we had. This is
great. This is actually a judge saying that, now. Im asking him for the benefits. My 5-142 Benefits. And
hes telling me Mr. Cozzolino got his benefits and he approved them. Hes the guy that approved them. And
all Im saying is in 1998 when he was a PreFormal Trial Judge on my case, why not approve mine? Same
issue. Its the same issue and mines is better than Cozzolinos because mine has a Judge and the Appellate
Court stamp on it, that I actually was injured while at work. (silence) Dont worry. I cant explain it either,
but its thereits actually thereactually did ithere hold this for me. Let me show you. The
Judgesthats one.thats one of the Judges. But I want to show you what the Court Judge saidhere you
go..(silence) Now this is the.you see the rationale that...that, that judge gavenow listen to this.
ML: well
AM: go ahead, okgo ahead.
ML: Well what Im reading here is he knows Cozzolinos case, he said he dismissed part of it.
AM: Part of it
ML: and he says
AM: But he granted him the part that gave him his 5-142 Benefits. Go read Cozzolino's case.

ML/PO?: Well Im gonna have to.heard of it but.
AM: Yeah, becauseI, I want those same benefits.
ML: Well, he says, the Commissioner says, As I recall Im intimate with the details of the case. Why,
because that, why is this applicable to your case? I mean the case is different. Each case is different. Is
what hes saying to you. And you said its not applicable to the point where the case is in any way having to
do with my case
PO: Correct.
ML: Right. But what Im saying is you both are C.O.s and you both got hurt.
AM: Right.
ML: Okay.
AM: The Law requires the same entitlement.
ML: Correct.
AM: He got his 560 weeks. I didnt. I got fired. Thats the issue.
ML: And all hes saying isis theyre different. Theyre different cases.
AM: The Law doesnt see it that way. The law sees it as; youre entitled to these benefits.
ML/PO?: Well the facts of the case are gonnamay have been different. They may have been filedthe
filing has nothing to do with that.
AM: No. Listen, listen, listento this. The claimant suffered compensable bodily injuries on these to
datesready?
ML: Yup.
AM: Which claims remain open under chapter 568
ML/PO: ok
AM: and under which the claimant may seek recoveries for further benefits, such as, this, thisthisthis.
Right.
ML: And thats for his case or yours?

AM: This is my case.
PO: okay
AM: Now wheres the 5-142? (silence) This is a case that was filed under 5-142. Where did the 568 come
in at? We dont know. And then here you go again. Look at the benefits I am applying for. 5-142. My
retirement benefits. 5-169(i), which says I get credit for service of being injured while at work.
ML: Yup.
AM: This is all Im saying. Where is it? These are Judges. I mean this is the Law. This is Case Law. I
mean Im just asking for what I am due under the Law. I didnt ask for anything else. Theres nothing I
asked for that wasnt under the Law. They violated every administrative procedure you could shake a stick
at. Every One. I mean they just totally obliterated the administrative process. They have no kind of ethics, as
far as, doing administrative paperwork. You just dont do that. I mean Im taught not to do that
ML/PO?: So
AM: I teach people not to do that.
PO: So you know that letter that you just showed from the Judge, about saying that right now you dont have
enough facts in the case?
AM: Mm-hmm.
PO: Had youhave you given him this stuff yet? Or no?
AM: No, no.
PO: Well dont you think that would be a good idea to like start giving him all this?
AM: Im gonna take care of that. Im waiting for.
PO: Yeah...
AM: my November 2
nd
decision. Dont worry about it, all
PO: Im Im...
AM: Im doing that.
PO: Im not worried either way. Listen Im just saying to you.
AM: Im taking care of that.
PO: Im just asking you the question that
AM: Im trying not to do it.
PO: Im telling you
AM: Im trying not to do it. Im hoping that they give me my benefits. You know how much this costs to do
when youre homeless?
PO: Oh okay. Right. Im sure it does.
AM: This is what Im saying. If they give me my decision.
PO: Just make sure, I know youre an intelligent man.just make sure you provide them with all this stuff.
AM: next week Oh yeah, they got it already. Remember when I told you in 1995
PO/ML: The Judge.the Federal Judge.
AM: Well, the Federal Courts, they got it. No, they brought it back from umRoxbury, Mass. Where the
Federal Warehouse is at, where they hold
PO: Thats fine.
ML: Okay.
AM: the cases or whatever. But the case from 1995 has basically the same
PO: Alright
AM: issues. Ill just, you know, but yeahtell emuh, hey Im waiting for a letter that says heres your
check and heres your Blue Cross
PO: Listen, again
AM: and heres your retirement papers. (heh-heh)
PO: Again were telling you
AM: I could do better than this. I dont need this in my life.
PO: Were telling you today that (chuckle) this is not this is not a criminalthis is not a criminal matter,
like so were a little amassed as to why were even here. (chuckle)
AM: I dont know why whatthey No, I dont even know why youre here myself. But, I think the
process of why youre here is Roland. When I filed those papers with Roland, they said, It wasnt a criminal
matter, Oh its just this that and the other thing. Then the next thing you know the dude sitting hereIm
running the hell out of Connecticut and theyre putting handcuffs on this dude. (ha ha) Yeah.
ML: So
PO: Alright.
AM: This is all Im sayingI,Iyou dont know where these things are going.
PO: No, itsIm, Im very
AM: I dont know if they got, I dont know if these guyswhat kind oftheyand listen to meif they
could sit here and stall this for 15 years, theyve got some hocus pocus up their sleeve.
PO: (sigh) Im very, very confused.
AM: You should be and you should go back and tell them, Hey, Im very confused about this crap.
PO: Im gonna, I
AM: Youre supposed to be out there catching the bad guys out there.
PO: Well thatsthatsyeah, but thatsthats here it isthere it is
AM: This is Administrative Law. Thats what it is.
PO: Yeah, but we dont do administrative (ha ha).
AM: Yall dont dobut, Im saying Administrative Law is criminal.
DT: Yeah, thats true.
AM: You see these guys inin New York and them going to jail. Somebody has to do this kind of work
PO: No I, Iyeah I get that part, but that still necessarily wouldnt be our, our division. But,
AM: Right.
ML: Well, I appreciate you coming down.
AM: I dont know, I just hope
PO: I thinkI thinkWell nothings gonna happen til the decisions rendered now, right? Youre gonna wait
for that?
AM: ImImthey yeahsee what Im waiting for is the OPEB, the Executive Order 38. I dont know if
you, uh, Post Employment Benefits Commission. The thing everybodys going crazy about, pensions and all
this stuff
ML: Yeah.
AM: I initiated that. I got it in here, too. But its supposed to be for the benefits like me that people got
shoved through the cracks
ML: Yeah.
AM: over the last 16/17 years. Thats what OPEB is about. And what theyre trying to do is mitigated
their losses now. Because, not only do they have to pay back the benefits they have to pay back the interest
ML: Yup.
AM: so this is whats going on now and this is why the budget is getting so out of whack. Even though,
they might technically owe 9.4 billion, when you throw the interest up there it goes up like 13/14 billion and
thats billion.
DT: in liabilities
AM: So the liabilities go up. And this is what Governor Rell and them are waiting for. Theyre waiting for
the election. So they could just get this thing out of the way. People stamp these papers next Tuesday
ML: Oh yeah.
AM: There will be no more Anthony McKnight. Hope fully somebody comes down and send me my
papers in the osmosis thing or somethingI dont know.
PO: I dont know.
ML: I appreciate you coming out.
PO: I appreciate you talking to us.
AM: Hey man, no problem.
PO: Do you have a point of contact?
ML: Oh, so any other way I can get a hold of you? Or just that cell phone number?
AM: No, this is her telephone number when I come to New Haven, just contact her.
PO: Well just call and leave a message?
AM: Yeah, she knows how to get in contact with me in Philly.
PO (to ML): He has your number and everything too, right?
ML: Yup.
AM: Yeah I got your card. I got your card. I hope not. I hope next time it will be a check and my retirement
papers. And bring Ms. Nora Ryan and them down, we could sign them right here. Im not going up there. I
told them Im not going through (a gate?) I dont trust those peoplewont go up there. They asked me 2 or
3 times. I wont go see them. They done did me dirty for the last God knows how long.
ML: Alrightappreciate you coming down.










APPENDIX G





































































































































































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Table of Contents

EXECUTIVE SUMMARY ........................................................................................................................4

LIABILITIES AND COSTS RELATED TO CONNECTICUTS RETIREMENT SYSTEMS...................................................................4

CAUSES OF UNFUNDED LIABILITY FOR SERS AND STATE OPEB PLAN .........................................................................5

STRATEGIES FOR FOR CONSIDERATION FOR ADDRESSING CONNECTICUTS POST EMPLOYMENT BENEFIT LIABILITIES AND COSTS ...............6

INTRODUCTION...............................................................................................................................9

COMMISSION MEMBERS...................................................................................................................... 10

COMMISSIONS APPROACH ................................................................................................................ 11

BACKGROUND................................................................................................................................ 12

LEGAL AND COLLECTIVE BARGAINING FRAMEWORK RE STATE EMPLOYEE RETIREMENT SYSTEMS............................................. 12

2009 STATE AND SEBAC AGREEMENT ...................................................................................................... 12

DESCRIPTIONS AND DEFINITIONS OF ACTUARIAL LIABILITIES AND CALCULATIONS.............................................................. 13

STATE ADMINISTERED PENSION PLANS.................................................................................................. 15

OVERVIEW OF STATE ADMINISTERED PENSION PLANS........................................................................................ 15

State Employee Retirement System (SERS) ........................................................................................... 15

Teachers Retirement System (TRS).................................................................................................... 17

Judicial Retirement System (JRS) ...................................................................................................... 17

Alternate Retirement Program ..................................................................................................... 17

FUNDING HISTORY AND FUTURE PROJECTIONS FOR SERS................................................................................... 18

June 30, 2008 SERS Actuarial Valuation; Projection for June 30, 2010 ..................................................... 18

Actuarial Accrued Liability among Tiers for SERS ..................................................................................... 18

CAUSES OF GROWTH IN SERS UNFUNDED LIABILITY AND LACK OF FUNDING PROGRESS ..................................................... 18

PENSIONS: COMPARISONS TO OTHER STATES, MUNICIPALITIES AND PRIVATE SECTOR........................................................ 25

Connecticuts Pension Funding Ratios ................................................................................................. 25

Connecticuts Pension Plan Provisions................................................................................................. 25

Connecticut Municipal Pension Plans .................................................................................................. 26

Private Sector Pension Plans........................................................................................................... 27

STATE OTHER POST EMPLOYMENT BENEFIT (OPEB) PLANS .......................................................................... 28

OVERVIEW OF STATE ADMINISTERED OPEB PLANS .......................................................................................... 28

State Employee OPEB Plan ............................................................................................................ 28

Retired Teachers Health Plan (RTHP) ................................................................................................. 29

STATE OPEB ACTUARIAL ACCRUED LIABILITY AND ARC AMOUNTS .......................................................................... 29

BREAKDOWN OF OPEB ACTUARIAL ACCRUED LIABILITY...................................................................................... 30

IMPACT OF STATE AND EMPLOYEE CONTRIBUTIONS ON DISCOUNT RATE AND TOTAL LIABILITIES .............................................. 32

HEALTH CARE COSTS AND TRENDS .......................................................................................................... 33

OPEB: COMPARISONS TO OTHER STATES, MUNICIPALITIES AND PRIVATE SECTOR ........................................................... 34

State OPEB Plans and Provisions...................................................................................................... 34

Municipalities and the Private Sector.............................................................................................. 35




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October 28, 2010 Connecticut State Post-Employment Benefits Commission

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IMPACT OF PENSION AND OPEB LIABILITIES ON STATES BUDGETARY AND FINANCIAL OUTLOOK AND CREDIT

RATINGS....................................................................................................................................... 36

STATE PENSION AND OPEB COSTS AS AN INCREASING PORTION OF STATE EXPENDITURES .................................................. 36

IMPACT ON FINANCIAL OUTLOOK AND CREDIT RATINGS....................................................................................... 39

ACTIONS TAKEN IN OTHER STATES REGARDING PENSION AND OPEB LIABILITIES ................................................ 40

POTENTIAL STRATEGIES TO ADDRESS PENSION AND OPEB LIABILITIES AND COSTS............................................. 41

PENSION PLANS............................................................................................................................... 41

Overall Strategy ........................................................................................................................ 41

FUNDING STRATEGIES ......................................................................................................................... 42

Paying the Annual Required Contribution (ARC) ................................................................................ 42

Calculating the ARC .................................................................................................................... 42

Employee Contributions to the Fund .............................................................................................. 44

Pension Obligation Bonds .............................................................................................................. 45

PLAN DESIGN AND BENEFIT MODIFICATION STRATEGIES...................................................................................... 47

STATE OPEB PLAN............................................................................................................................ 52

Overall Strategy ........................................................................................................................ 52

Prefunding in a Trust Fund ............................................................................................................. 52

CONCLUSION ................................................................................................................................. 56

APPENDICES.................................................................................................................................. 57




































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October 28, 2010 Connecticut State Post-Employment Benefits Commission

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Executive Summary

Governor M. Jodi Rell established the State Post-Employment Benefits Commission (the
Commission) through Executive Order #38. Although Governor Rell recognized that pension
and other post employment benefits (OPEB) consisting mainly of retiree health insurance, play
an important role in attracting and maintaining a skilled and capable work force, she highlighted
the growing impacts of the unfunded liabilities and costs related to these plans on the States
budget and finances. The Governor charged the Commission with delivering a report that:

Identifies the amount and extent of unfunded liabilities for pensions and other post-
employment benefits;

Compares and evaluates the advantages and disadvantages of various approaches for
addressing unfunded pension liabilities and post-employment benefits; and

Proposes short and long-term plans for addressing unfunded pension liabilities and post-
employment benefits.

The Commission reviewed actuarial valuations, collective bargaining agreements and
other information regarding Connecticuts retirement systems as well as research reports and
articles addressing these issues. The Commission also obtained actuarial estimates of liabilities
and various approaches to how they may be addressed.

Liabilities and Costs Related to Connecticuts Retirement Systems

The States pension plans include the Teachers Retirement System, the Judicial
Retirement System, and the State Employees Retirement System (SERS) all of which are
defined benefit plans. SERS covers the majority state employees and retirees as well as
members of the General Assembly, constitutional officers and the Governor. Additionally, The
State administers a defined contribution program for some higher education employees. The
State also sponsors the State OPEB Plan (primarily health benefits) and the Retired Teacher
Health Care Plan. The Commission focused on the SERS and State OPEB plans.

As of June 30, 2008, Connecticuts unfunded liability for SERS was $9.2 billion and $24.6 billion
for OPEB, a total unfunded liability of $33.8 billion. Consider that Connecticuts current year general fund
budget is $17.6 billion. Connecticuts 2008 funding ratio for its State-sponsored pension plans (plan
assets as a percentage of plan liabilities), according to the Pew Center on the States, was the fifth lowest
in the country. A November 2009 report by the Center for State and Local Government Excellence,
indicated that Connecticuts unfunded OPEB liability was the third highest in the country

Connecticuts unfunded liabilities have lead to increasing costs consuming a growing percentage
of state expenditures. In fiscal year 1992, the annual costs related to SERS, TRS and OPEB were 5.57
percent of state expenditures. They are projected to be 11.24 percent in the current fiscal year. If this
trend continues, the percentages will grow to 13.7 percent in 2021 and almost 19 percent in 2032.





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October 28, 2010 Connecticut State Post-Employment Benefits Commission

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Causes of Unfunded Liability for SERS and State OPEB Plan

State Employee Retirement System (SERS)

The SERS plan has historically been underfunded, in part because, until the 1980s, it was funded on a
pay-as-you-go basis. Indeed, the 2008 funding ratio of 51.9 percent is just slightly higher than the 1992 ratio of
51.4 percent, despite a decision to begin funding the Annual Required Contribution (ARC).

There are a number of reasons for a lack of progress with the SERS funding ratio. The
Level Percent of Payroll method of calculating its ARC tends to have lower amortization
amounts in the earlier years of the schedule. More importantly, interpretations applied to the
1995 and 1997 State and the State Employee Bargaining Agent Coalition agreements (SEBAC
IV and V, respectively) have included annual reductions to the ARC. These reductions totaled
over $105 million in fiscal year 2011. Moreover, reductions in the ARC payments of $314 million
were included in the 2009 State and SEBAC agreement. The result is a heavy back-loading of
the amortization schedule, resulting in a stagnant funding ratio and a growing annual ARC.

Some other reasons for a lack of funding progress include the 2009 and previous
retirement incentive programs and the plans assumed actuarial investment return. SERS, like
most plans, was hurt by the severe market downturn in 2008, the main cause of the projected
funding ratio decline to 46 percent as of June 30, 2010.

Historically, Connecticut has responded to concerns about unfunded liabilities by
creating new tiers, as opposed to modifying existing tiers. SERS consists of three tiers: Tier I for
those hired before July 1, 1984; Tier II for those hired from July 1, 1984 to June 30, 1997; and
Tier IIA for those hired on or after July 1, 1997. According to the June 30, 2008 actuarial
valuation, $14.3 billion of SERS total actuarial accrued liabilities of $19.2 billion are attributable
to current retirees and Tier I active employees. This portion of the plans liabilities would likely
not be impacted by plan modifications given the legal issues involved.

Compared to other New England states, the annual payments as a percentage of final
average salaries are lower for Tier II and IIA plans than the other states. The required employee
contributions are lower in Connecticut as well. Connecticuts reductions in benefits related to
early retirement are generally less than found in other New England states.

State Other Post Employment Benefit Plan (OPEB)

The challenge with OPEB for Connecticut and many other states is that the difference
between the ARC and the pay-as-you-go amount (which is the amount Connecticut has been
paying) is very difficult to fund from a budgetary standpoint. In 2008, the ARC was $1.65 billion.
The actual amount paid for benefits was $.464 billion. Difficult as it is, continuing along the pay-
as-you-go path will subject the state to continuing growth in these costs as a result of health
inflation and a growing number of retirees. From fiscal year 1999-00 to 2008-09, these costs
increased from $173.9 million to $452.0 million, or 11.2 percent per year.


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October 28, 2010 Connecticut State Post-Employment Benefits Commission

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As noted, Connecticuts OPEB liabilities are high compared to other states. The three main
reasons for differences in per capita OPEB liability amounts are: 1) benefits levels and plan costs; 2)
population covered; and 3) funding policy. In Connecticut, a high cost state, employees who work at
least ten years are eligible to receive full comprehensive health care coverage for themselves and
their dependants when they begin receiving retirement benefits, with 55 being the early retirement
age for non-hazardous duty employees. The premium shares are minimal, ranging from zero to a
maximum of three percent. Unlike pensions, once vested, the level of benefits received is not tied to
the number of years of service. The Rule of 75 (years of service plus age) in the 2009 SEBAC
agreement will delay when affected employees (those with less than ten years of service as of July
1, 2009) can begin receiving retiree health insurance.

In regard to funding, most states, like Connecticut have zero or few assets in their OPEB
plans. The 2009 SEBAC agreement, however, included a provision that involved a 3 percent of
salary employee contribution during the first ten years of service. These contributions are
projected at $23 million in the current year. These contributions, by staying in the OPEB trust
and not being used for current costs, will decrease the plans actuarial liabilities and ARC.

Strategies for Consideration for Addressing Connecticuts Post Employment
Benefit Liabilities and Costs

In light of the States serious budgetary challenges over the next several years, and the
pressure the growing costs of the States retirement systems place on other budgetary
needs, the Commission believes a number of approaches need to be considered to reduce
the unfunded pension liabilities of the State. Consideration should be given to new funding
strategies, financing alternatives, and plan design and benefit modifications. The issues and
factors outlined in this report, among others, will need to be weighed when considering the
strategies and approaches to be implemented in seeking to reduce these liabilities.

It is important to note that there are Commission members who did not agree with some of the
strategies presented below in regard to the State pension and OPEB plans. Also, the Commission did not
seek to prioritize these strategies. The main goal of this report has been to provide information and
potential approaches to addressing these liabilities to policy-makers and stakeholders.

The State needs to develop a sound funding strategy for its retirement plans and have
the fiscal discipline to carry it out. Timely analysis and multi-year actuarial projections are critical
when policy makers are reviewing funding practices or making decisions impacting the plans.
Policy makers need to question how a declining proportion of working-age citizens can fund
Connecticuts unfunded liabilities for an increasing proportion of retirees.








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October 28, 2010 Connecticut State Post-Employment Benefits Commission

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Summary of Strategies for Consideration for SERS and OPEB

Short Term Plan Pre-
Fund OPEB

Pay the ARC, and Eliminate Any Adjustments to Such.

Increased Member Contributions. The State and SEBAC should consider additional
employee contributions for reinvestment in the plans (with a 1 percent increase totaling
about $32 million), while the State should consider enacting a provision that would
dedicate, for example, a portion of future surpluses for the plans.

Increasing the Retirement Age or Incentives to Retire Later. The State and SEBAC
should consider raising the retirement age for those in Tiers II and IIA and increasing
reductions related to early retirements, with any savings to be reinvested into the plans.
For SERS, the projected savings totaled $135 million related to these changes in the first
year, savings would increase going forward.

Other Plan Design Strategies. The State and SEBAC should consider plan modifications to
SERS and OPEB, with any savings to be reinvested in the plans. In terms of OPEB, the
changes for consideration include increased premium sharing and additional eligibility
changes for employees moving directly to retirement from state service.

Service Delivery Changes. It is also critical to continue slowing health care inflation through plan
and service delivery changes, including through the implementation of medical homes and other
initiatives. A one percent reduction in the annual health inflation below the actuarys assumed
level would lower the calculated actuarial liability from $26.6 billion to $22.1 billion.

Long Term Plan

ARC and Funding Strategies. The State should commit to a funding strategy targeting
funding ratio benchmarks (e.g. 55 percent by 2018 for SERS), and consider establishing
a floor below which ARC will not go below.

Actuarial Analysis and Projections. The biennial actuarial valuations should reflect
projections for liabilities and ARC amounts for all remaining years of the amortization
schedule (not just two years).

Future Changes. No action, such as a retirement incentive program or plan changes,
should be enacted without a full actuarial analysis.

Considerable discussion was dedicated to the pros and cons of closing the defined benefit plan
and replacing with a defined contribution arrangement for new employees; however, no consensus was
reached as to whether this change would be beneficial to the State overall. Those on the Commission
who opposed a defined contribution plan for new employees believe that such a plan would be more
costly to the state and would not address the current unfunded liability problem, while providing lower and
less secure retirement benefits to its employees. Those on the Commission who believed that a defined
contribution plan should be considered expressed significant concern that the problems and



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October 28, 2010 Connecticut State Post-Employment Benefits Commission

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issues associated with the defined benefit plan could be perpetuated going forward at a growing
cost to the State, especially if the recommendations in this report are ignored.

The challenge for the State will be to balance the need to increase the funding ratio of its
pension and OPEB plans with the need to manage its overall budgetary needs. These
increasing costs could lead to crowding out additional investments in education, infrastructure,
health care, and in other critical areas.

It is the Commissions hope that this report will provide useful information to the Governor, other
elected officials, and the stakeholders in adding to the understanding of the States liabilities and costs
related to its retirement system and in assessing the options available to address these issues.


















































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October 28, 2010 Connecticut State Post-Employment Benefits Commission

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Introduction

Through Executive Order Number 38, dated February 3, 2010, Governor M. Jodi Rell
established the State Post-Employment Benefits Commission. In establishing the Commission,
Governor Rell indicated that pension and other post-employment benefits (OPEB), including retiree
health insurance, play an important role in attracting and maintaining a work force capable of
protecting the health and safety of the State and its residents. At the same time, Governor Rell
recognized the growing budgetary challenges and impact on the States finances, including its credit
rating, associated with the unfunded liabilities and future costs related to these benefit plans.

The Governor created the Commission to assist her, other elected officials and stakeholders
in developing and assessing short and long-term strategies for addressing these post-employment
liabilities. Therefore, the Governor charged the Commission with delivering a report that:

Identifies the amount and extent of unfunded liabilities for pensions and other post-
employment benefits;

Compares and evaluates the advantages and disadvantages of various approaches
for addressing unfunded pension liabilities and post-employment benefits; and

Proposes a short and long-term plan or plans for addressing unfunded pension
liabilities and post-employment benefits.

The Governor originally requested delivery of the report by July 1, 2010, but additional
time was provided given the challenges encountered in receiving necessary actuarial
information reflecting, among other matters, the impact of the 2009 SEBAC changes. Most
importantly, additional time was needed to thoroughly explore and discuss all of the issues and
options associated with the States pension and OPEB liabilities.





























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October 28, 2010 Connecticut State Post-Employment Benefits Commission

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Commission Members

The members of the Commission, appointed in accordance with Executive Order Number 38, are:

Member Representing/Field


Michael J, Cicchetti, Chairman and Deputy Secretary of the Office State of Connecticut Office of

of Policy and Management Policy & Management


Thomas C. Woodruff, Ph.D., Director State of Connecticut, Office of the

Healthcare Policy & Benefit Services, Office of the Comptroller Comptroller


Christine Shaw J.D., M.B.A., Director of Government Relations, State of Connecticut, Office of the

Office of the Treasurer State Treasurer


Sal Luciano, Executive Director, Council 4, American Federation State Employees Bargaining Agent

of State, County and Municipal Employees Coalition


Julie E. McNeal, CPA, Technical Activities Director, Connecticut

Certified Public Accountants

Society of Certified Public Accountants


Gregory M. Stump, FSA, EA, FCA, MAAA, Vice President, EFI-

Public Pension Actuary

Actuaries


J. Paul Mansour, Head of Municipal Research, Conning Business Community


Other Participants


Attorney Jamie Young, Governors Legal Office Office of the Governor


State of Connecticut, Judicial

Judge Harry Calmar


Branch

































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Commissions Approach

The Commissions approach included reviewing numerous research reports and articles
written about pension and OPEB issues. The Commission also reviewed significant amounts of
information related specifically to Connecticuts plans, including past and most recent actuarial
valuations, pension and retiree health plan provisions, investment reports related to plan assets, as
well as original and subsequent modifications to the collective bargaining agreement between State
and the State Employee Bargaining Agent Coalition (SEBAC) that establish, in part, retiree benefit
plans. The Commission also received information and presentations regarding how actuarial
liabilities related to pensions and OPEB plans are measured and how the annual Actuarial Required
Contribution (ARC) is calculated. Many of the documents reviewed by the Commission are available
on its website. http://www.ct.gov/opm/cwp/view.asp?a=2998&q=457846&opmNav_GID=1791

The Commission developed a list of potential solutions or approaches in terms of funding
and plan design and benefits based on reports pertaining to actions taken by other governments or
organizations or through the members own professional experiences. The Commission focused on
the State Employee Retirement System (SERS) plan. The Commission did not spend as much time
reviewing the Teachers Retirement System (TRS) because this plan recently received significant
attention related to a 2008 issuance of Pension Obligation Bonds (POBs). As part of the POB
issuance, some of the requirements related to funding the ARC and plan benefits were built into the
bond indenture or State Statutes. Nonetheless, a number of the recommendations in this report may
apply to the TRS plan as well as the Judicial Retirement System (JRS) administered by the State.

The Commission sought to create a baseline for the current plans and funding approaches
against which potential changes could be compared. The Commissions approach was to obtain actuarial
estimates that would provide projections of these liabilities and the potential impact of various approaches
to addressing these obligations. Additional actuarial work and analysis may be needed as part of pursuing
any of the changes recommended. As required by the Governors executive order, this report contains a
discussion of the advantages and disadvantages of approaches considered.






















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October 28, 2010 Connecticut State Post-Employment Benefits Commission

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Background

Legal and Collective Bargaining Framework re State Employee Retirement Systems

The Commission reviewed the legal framework in which OPEB and pension benefits are provided
to State employees and retirees. These retirement plans are provided largely in accordance with the
collective bargaining agreement negotiated between the State and the State Employee Bargaining Agent
Coalition (SEBAC). SEBAC is comprised of thirteen unions, and was recognized in 1986 by Public Act
86-411 to negotiate with the State on health benefits and retirement issues. The agreement also
established the joint labor-management Health Care Cost Containment Committee. In 1997, the State
and SEBAC negotiated a long-term health and retirement benefit agreement, which is effective through
2017. This agreement was most recently modified by the parties in 2009.

The Commission recognized that the ability to modify the benefits received by current
retirees is limited, although there is current legal action in this regard in one or more states. In
terms of active employees, most proposed benefit plan changes would have to be negotiated
between the State and the coalition of bargaining units. As will be described, there have been
some modifications to the 1997 agreement. The Commission also discussed the States ability
to make benefit changes related to a group of former employees, known as terminated vested
employees. Terminated vested employees have left state services but are eligible to begin
receiving pension and/or retiree health insurance at some future date.


2009 State and SEBAC Agreement

In addition to a Retirement Incentive Program (RIP), the 2009 SEBAC agreement
contained a number of other modifications. Including:

Increases in co-pays for prescription drugs and mandatory generic substitution except in
cases of medical necessity certified by a members physician;

An increase in active employee premium shares of $350 per year with a prorated
amount to be reflected in future premium share percentages;

Reductions in preventive care co-pays;

The application of the Rule of 75 (combination of age and service must equal 75) for
eligibility for retiree health insurance for those with less than ten years of service as of
July 1, 2009; and A 3 percent of salary contribution up through ten years of state
employment for those with fewer than five years of service as of July 1, 2010.
Contributions prior to July 1, 2013, according to the agreement, are available to reduce
budgeted General Fund payments for retiree health care.

The 2009 SEBAC agreement also allowed the State to defer a contribution of $14.5 million that
was budgeted for OPEB in fiscal year 2008-09, as well as to reduce contributions to SERS by $50 million
in fiscal year 2008-09, and by $64.5 million in fiscal year 2009-10, below the ARCs calculated for those
two years. The agreement also contained a trigger permitting the State to reduce its contribution to


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SERS by $100 million below the ARCs calculated for fiscal years 2009-10, and 2010-11, if
revenues fell below a certain level. The total reductions included in State budgets related to
SERS contributions were $314 million for the three-year period.

Descriptions and Definitions of Actuarial Liabilities and Calculations

Some of the terms used in this report are specific to actuarial calculations, and should be
understood to appreciate the issues discussed herein.

What is an actuarial liability and how is it measured?

Employee benefits plans are generally defined in terms of three things:

Who is entitled to receive benefits?

Under what circumstances will they receive the benefits?

What amount or level of benefits are they entitled to?

In the context of a pension or retiree healthcare plan, an actuarial liability is a dollar value
that represents the present value of an expected benefit payment or stream of payments. The
actuary takes into account a variety of actuarial assumptions, including life expectancy, expected
retirement age, and projected future salaries and cost-of-living adjustments if appropriate. The most
crucial assumption is the expected future return on plan assets. For most large pension funds, this
assumption is around 8.0 percent annually. Based on anticipated future events, the assumptions are
inevitably incorrect on a year-to year basis, creating actuarial gains and losses. A reliable set of
assumptions; however, will reasonably represent the true experience of a plan over the long-term.

When plans are funded using actuarial principles, monies are contributed annually to an
account as benefits are earned. The annual contribution is designed to cover benefits expected
to be earned during the year, and past actuarial gains or losses. Generally, the desired outcome
is a relatively predictable steady stream of contributions, typically measured as a percentage of
payroll for covered members.

The funding ratio that is referred to most often in actuarial reports represents the ratio of two
numbers: the value of benefits earned compared to the value of assets used to support those benefits.
Ideally, this ratio would be consistently equal to or near 100 percent; however, the reality of economic
cycles causes a great deal of volatility in such. Nonetheless, on average, over three-quarters of all
statewide pension systems maintained a funding ratio between 75 percent and 125 percent, as reported
in the annual surveys conducted by the National Association of Retirement Administrators (NASRA) from
2003 through 2008. Ratios for many of these systems have likely fallen below this range by 2010.

The funding ratio in Connecticut is now well below this range, for reasons discussed within this
report. Improved funding can come about through a variety of strategies, but it is important to keep in




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mind that pension funding and any improvements thereof, are long-term in nature and should be
treated as such.

KEY DEFINITIONS

Actuarial Accrued Liability (AAL): The AAL represents a funding target equal to the present
value of fully projected benefits earned or accrued as of the date of the actuarial valuation. The
amount of the AAL is a result of a number of factors, including the level of benefits offered,
eligibility requirements for benefits, the assumed rate of return on plan assets, and other
actuarial assumptions (retirement age, longevity, etc).

Unfunded Actuarial Accrued Liability (UAAL): The UAAL is the excess of the AAL over the
actuarial value of plan assets. In other words, the UAAL is the present value of benefits earned
to date that are not covered by current plan assets. A large UAAL is generally associated with
plans that do not consistently receive ARC contributions.

Actuarially Required Contribution (ARC): The ARC is the annual employer contribution calculated
by the actuary for a plan that is the sum of: (1) the employer normal cost of retirement benefits
earned by active employees in the current year; and (2) the amount needed to amortize the existing
unfunded liabilities over a period, not more than thirty years. Employee contributions are typically
used to partially offset the employers normal cost. The goal of the ARC is to help account for costs
as they accrue and to reduce unfunded liabilities (or surpluses) over time.

Normal Cost: The Normal Cost, also known as the annual benefit cost, generally represents
the portion of the cost of projected benefits allocated to the current plan year. The employer
normal cost equals the total normal cost of the plan reduced by employee contributions.




























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State Administered Pension Plans

Overview of State Administered Pension Plans

State Employee Retirement System (SERS)

SERS is a single-employer defined-benefit pension plan covering most of the States full-time
employees. The plan also covers members of the General Assembly, constitutional officers and the
Governor. According to the most recent actuarial valuation as of June 30, 2008, there were 38,093
retirees and beneficiaries receiving benefits, 1,592 terminated plan members entitled to, but not yet
receiving benefits, and 53,196 active employee plan members. Subsequent to June 30, 2008, these
numbers have changed through the normal course of business and, more significantly, the 2009
retirement incentive program agreed to by the State and SEBAC through which approximately 3,700
active SERS members retired. SERS is administered by the State Employees Retirement
Commission and the State Comptrollers Office.

SERS consists of Tier I (Generally for those hired prior to July 1, 1984), Tier II (Generally
for those hired on or after July 1, 1984 and prior to July 1, 1997), and Tier IIA (for those hired on
or after July 1, 1997). Historically, Connecticut has created new tiers, as opposed to modifying
existing plans, in reaction to concerns relative to the plans unfunded liabilities. As discussed
previously, the 1997 changes were part of a twenty year agreement, through 2017, regarding
active employee health coverage and retiree healthcare benefits.

Provided below in Schedule 1 is a summary of plan provisions, with a more detailed
description of these provisions provided in Appendix 2 of this report.





























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October 28, 2010 Connecticut State Post-Employment Benefits Commission

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Schedule 1
SUMMARY OF KEY SERS PLAN PROVISIONS

Final Average Earnings (all tiers): Average of three highest paid years (including overtime for
some units), with no one year being greater than 130% of average of two prior years.

Normal Retirement Eligibility:
Tier I and II, IIA-Hazardous Duty: 20 years of service
Tier I-Others: Age 55 with 25 years of service, age 60 with 10 years, or age 70 with 5 years

Tier II and IIA: Age 62 with 10 years of service, age 60 with 25 years of service, age 70
with 5 years, or age 62 and 5 years for terminations on or after July 1, 1997

Normal Retirement Benefit:
Tier I-Hazardous Duty: 50% of Final Average Earnings, plus 2% for each year over 20 years

Tier II-Hazardous Duty: 2.5% of Final Average Earnings times up to 20 years, plus 2% for
each year over 20 years
Tier I-Others: Generally, 2% of Final Average Earnings times years of service.

Tier II-Others: Generally, 1 1/3% of Final Average Earnings for each year of service, plus
% of earnings in excess of breakpoint* (*$10,700 increased by 6% each year since
1982 but not greater than Social Security Compensation)

Early Retirement:

Tier I-Hazardous Duty: None

Tier I-Others: Age 55 with 10 years of service; benefit is normal retirement reduced for
retirement prior to age 60 with 25 years of service

Tier II and IIA: Age 55 with 10 years of service, benefit reduced % per month prior
to normal retirement.

Deferred Retirement:
Tier I: May be deferred
Tier II and IIA: May be deferred; Benefit is based on salary and service to actual retirement.

Vesting:
Tier I: 10 years of service

Tier II & IIA: Effective July 1, 1997, 5 years of actual state service, 10 years of vesting
service, or age 70 with 5 years of service.

Member Contributions:

Tier I-Hazardous Duty: 4% of earnings, plus 5% of earnings above Social Security
Taxable Wages Tier I: 2% of earnings, plus 5% of earnings above Social Security
Taxable Wages (Plan B); 5% of earnings (Plan C)
Tier II: None

Tier II-Hazardous Duty: 4% of earnings; Tier IIA-5% of
earnings Tier IIA-All Others: 2% of earnings

Cost of Living:

For employees retiring after June 30, 1999, adjustment not less than 2.5% and no greater
than 6%, calculations based on percentage of CPI



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Teachers Retirement System (TRS)

The Teachers Retirement System, administered by the Teachers Retirement Board, is a single-
employer defined-benefit pension plan covering any teacher, principal, superintendent or supervisor
engaged in service to public schools in Connecticut. The plan provides retirement, disability and death
benefits and annual cost-of-living adjustments to plan members and their beneficiaries. As of June 30,
2008, there were 28,787 retirees and beneficiaries receiving benefits, 1,394 terminated plan members
entitled to, but not yet receiving benefits, and 81,919 active plan members.

For many years the States actual contributions to the TRS fell short of the calculated
ARC, with fiscal year 2005-06 being the first year in which the actual contribution met the
calculated ARC. Going forward, the bond indenture related to the TRS pension obligation bonds
issuance requires that the state contribute the calculated ARC. There are provisions that would
lift this requirement temporarily, if certain criteria related to severe budgetary problems are met.
The current budgetary difficulties have not yet reached the thresholds established.

As with SERS, the ARC for the TRS plan is calculated using the level percent-of-payroll
method, meaning that the ARC, even if all actuarial assumptions were to be realized, will
continue to increase each year.

In the most recent actuarial valuation for the TRS plan for the period ending June 30, 2008,
the total liability for the plan is $21.8 billion with plan assets of $15.3 billion, resulting in a funding
ratio of 70.05%. This is up from a funding ratio of 62.99% in 2006, largely resulting from issuance of
$2.0 billion in POBs in 2008. As is projected for SERS, the 2008 funding ratio likely will drop in the
2010 valuation as the 2008 market losses are gradually recognized. Funding ratios are also affected
by, among other factors, differences between the actual retirement ages, mortality, and population
demographics experienced and the actuarial assumptions used in conducting valuations.

Judicial Retirement System (JRS)

The Judicial Retirement System is a single-employer defined-benefit pension plan covering
any appointed judge or compensation commissioner in the state. The plan provides retirement,
disability and death benefits and annual cost-of-living adjustments to plan members and their
beneficiaries. As of June 30, 2008, there were 225 retirees and beneficiaries receiving benefits, 1
terminated plan member entitled to, but not yet receiving benefits, and 220 active plan members.

Alternate Retirement Program

The State also sponsors the Alternate Retirement Program (ARP), a defined-contribution
plan available to unclassified employees at any units of the Connecticut State System of Higher
Education. Plan members are required to contribute 5 percent of their annual salaries, with the
State contributing 8 percent of covered salary. During fiscal year 2009, plan members and the
State contributed $35.3 million and $21.7 million, respectively.




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Funding History and Future Projections for SERS

June 30, 2008 SERS Actuarial Valuation; Projection for June 30, 2010

The most recent actuarial valuation completed for the SERS plan was as of June 30,
2008, which indicated that the plans Actuarial Accrued Liability (AAL) was $19.243 billion, with
assets valued at $9.990 billion, for a funding ratio of 51.92 percent. This funding ratio is among
the lowest in the nation, for statewide plans.

Actuarial Accrued Liability among Tiers for SERS

According to the actuarial valuation as of June 30, 2008, $14.3 billion of the $19.2 billion total
liability in SERS is attributable to current retirees (a large majority of which are Tier I) and Tier I actives,
with the balance associated with active members of Tiers II and IIA. While this is the total liability, the
proportion of the unfunded liability for each tier probably bares a similar relationship to the proportion of
the total liability. One implication of tiered liabilities is; choices are now limited to reduce the liability for
Tier I plan members. Another consideration is that the projections produced by Cavanaugh Macdonald
Consulting LLC (Cavanaugh Macdonald) for the period ending June 30, 2010 and beyond, reflect a
significant increase in the unfunded liability for SERS, which will impact all three tiers.

Schedule 2-SERS Liabilities by Groups/Tiers (as of 6/30/08)

Group Actuarial Accrued Liability Normal Costs % of Payroll
Inactives $11.4 billion
Tier I Actives $2.9 billion Hazardous Duty: 13.08 %; B: 13.90 %; C: 10.90 %
Tier II Actives $4.0 billion Hazardous Duty: 14.80 %; all others: 9.75 %
Tier IIA Actives $.9 billion Hazardous Duty: 6.95 %; all others: 4.70 %
Total $19.2 billion 9.44%

A recent projection done for the Commission by the actuarial firm Cavanaugh Macdonald
indicates, based on the loss in value of plan assets, along with lower contributions and the RIP, that the
funding ratio will drop to 45.8 percent for the period ending June 30, 2010. A significant ongoing
budgetary challenge is the steady increase in the ARC for the years beginning 2011-12 and beyond. The
$1.029 billion ARC projected by Cavanaugh Macdonald for fiscal year 2011-2012 is $185 million higher
than the $844 million contribution being made by the state in the current year, fiscal year 2010-11, and
will continue to increase each year thereafter, until the unfunded accrued liability is fully amortized.

Causes of Growth in SERS Unfunded Liability and Lack of Funding Progress

The SERS plan has historically been underfunded based in part because until the 1980s, it
was funded on a pay-as-you-go basis. As can be seen in Chart 1, the funding ratio for this plan is
just slightly above the level that existed back in 1992, despite a decision to begin funding the ARC.
The lack of funding progress is due to the several contributing factors as described below.






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October 28, 2010 Connecticut State Post-Employment Benefits Commission

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Chart 1

SERS Funding Ratios and % of ARC Contributed

110.00%

100.00%

90.00%

80.00%

70.00%

60.00%

50.00%

40.00%





Funding Ratio % ARC Contributed


Sources: June 30, 2008 SERS Actuarial Valuation; Projected FY 12 by Cavanaugh Macdonald,
new actuaries for SERS Note: The Annual Required Contributions above reflect the deductions
made based on the interpretation of the requirements related to SEBAC IV and V. The ARC
before these adjustments was generally 10% to 15% higher than the ARC shown above.

The factors contributing to the magnitude of the SERS actuarial accrued liability include:

(1) Methods of Calculating the ARC. The Level Percent-of-Payroll method used to calculate the
amortization component of a plans ARC is similar to a home mortgage where mostly interest is
paid in the early years. The dollar amount of the ARC rises over time by including an automatic
cost escalator (typically 2% to 5% per year). This makes it more difficult to make progress
improving the plans funding ratio until half way through the amortization period.

Under the Level Dollar method, the ARC payment starts higher but does not increase as
precipitously over the years as under the percent-of-payroll method. Higher funding in the
earlier years provides consistent progress in improving the plans funding ratio. Charts 2 and
3 below demonstrate the differences in these two methods with projections done in August
2010 by Cavanaugh Macdonald. While both methods of calculating the ARC are acceptable
approaches, the actuarys application of the level percent-of-payroll approach helps to
explain, in part, why the plans funding ratio will not show improvement in the near term.





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October 28, 2010 Connecticut State Post-Employment Benefits Commission

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Chart 2

ARC Amounts: Level % of Payroll vs. Level

Dollar (000's)

(Note: Since the Normal Cost amount is the same under both approaches, the
full difference in the ARC amounts is the amortization method)

$3,900,000
$3,600,000
$3,300,000
$3,000,000
$2,700,000
$2,400,000
$2,100,000
$1,800,000
$1,500,000
$1,200,000
$900,000

FY12 FY14 FY16 FY18 FY20 FY22 FY24 FY26 FY28 FY30 FY32 FY33 FY34
Level Percent Payroll ARC
Level Dollar ARC

Chart 3

Funding Ratios Level Percent of Payroll and Level

Dollar

100.00%

90.00%

80.00%

70.00%

60.00%

50.00%

40.00%

FY12 FY14 FY16 FY18 FY20 FY22 FY24 FY26 FY28 FY30 FY32 FY33 FY34

Level Percent Payroll % Level Dollar %




NOTE: As seen in Charts 2 and 3, contribution amounts are much larger in the early years
under a level-dollar amortization; however, the funding ratio improves more quickly. A similar
funding ratio improvement can be achieved using a level percent-of-payroll amortization with a
shorter amortization period.



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October 28, 2010 Connecticut State Post-Employment Benefits Commission

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(2) Adjustments to Amortization Schedule; Contributing less than the Full ARC. Another critical
issue for the SERS plan is the effect that the SEBAC agreements IV and V, negotiated by the State
and the coalition in 1995 and 1997, respectively, have had on the ARC calculation. Each year the
ARC is calculated in accordance with actuarial standards, and then reduced under interpretations of
SEBAC IV and V. These reductions were $43.7 million and $61.8 million, respectively, for a total
reduction in the ARC of $105.5 million in the ARC calculation for fiscal year 2011.

The calculations for fiscal years 2002-2011 are provided below in Schedule 3, which reflects
adjustments made related to SEBAC IV and V in the 2009 agreement. It is unclear if the provisions of
SEBAC IV and SEBAC V have been interpreted correctly in terms of applying these reductions to the
ARC. The total reductions for these 10 years is $820 million, with the full amount through the
agreement period likely being $1.0 billion or more. According to Cavanaugh Macdonald, the impact of
the SEBAC IV and V interpretations has been to exacerbate the back-loading of the amortization
schedule already inherent in the level percent-of-payroll method, which leads to further growth each
year in the ARC and delays improving the plans funding ratio.









































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Schedule 3-ARC Calculation for Fiscal Years 2002-2011 (from Actuarial Valuations)

Actual
ARC Amortization Contribution
Calculation Payment- Total ARC Additional as a Percent
(Amortization Unfunded before SEBAC IV Asset SEBAC V Asset Adjustment per Actual of ARC before
Period) Liability Normal Cost Adjustments Adjustment Adjustment Reported ARC SEBAC 2009 Contribution Adjustments
FY2002(31yrs) $224,822,810 $254,856,678 $479,679,488 ($26,606,725) ($37,580,164) $415,492,599 N/A $415,492,599 87%
FY 2003 (30) 227,445,258 265,853,449 493,298,707 (27,937,061) (39,459,172) 425,902,474 N/A 421,451,731 85%
FY 2004 (29) 290,512,660 271,856,543 562,369,203 (29,333,914) (41,432,130) 491,603,159 N/A 470,332,944 84%
FY 2005 (28) 316,448,241 280,857,803 597,306,044 (30,800,610) (43,503,737) 523,001,697 N/A 518,768,821 87%
FY 2006 (27) 421,328,884 279,753,428 701,082,312 (32,340,640) (45,678,924) 623,062,748 N/A 623,062,732 89%
FY 2007 (26) 453,571,533 292,275,360 745,846,893 (33,957,672) (47,962,870) 663,926,351 N/A 663,930,735 89%
FY 2008 (25) 490,600,066 312,360,768 802,960,834 (35,655,556) (50,361,014) 716,944,264 N/A 711,555,274 89%
FY 2009 (24) 523,100,250 320,915,187 844,015,437 (37,438,334) (52,879,064) 753,698,039 ($50,000,000) $703,698,039 83%
FY 2010 (23) 663,525,189 335,323,144 998,848,333 (42,040,683) (59,379,565) 897,428,085 ($164,500,000) $732,928,085 73%
FY2011 (22) 708,627,332 340,926,657 1,049,553,989 (43,722,310) (61,754,747) 944,076,932 ($100,000,000)* $844,076,932 80%
10 Year Total $7,274,961,240 ($339,833,505) ($479,991,387) $6,455,136,348 ($314,500,000) $6,105,297,892 84%

*The FY2011 state budget presumes that the lower state revenue amounts will trigger a provision that allows for a $100 million
reduction in the contribution.

























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October 28, 2010 Connecticut Post-Employment Benefits Commission

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(3) Investment Return Experience. When the actual rates of return are less than the actuarial
assumption, the result will likely be a decrease in the funding ratio and a costlier ARC. For
SERS, the late 1990s reflected strong investment returns while the results from 2001 on,
have generally been below the assumed level.

Like all but a handful of states, Connecticut smoothes its investment gains and losses over a set
number of years, recording only a portion of the impact each year. This means that under current
smoothing techniques the funding levels will likely continue to drop for the next four or five years,
as the major losses experienced in 2008 are gradually incorporated. In a year when the pension
fund loses value, its position is doubly compromised. It loses both a portion of the funds assets
and the assumed earnings. The Pew Center report notes that the critical question for states is
whether the investment returns of the past two years are anomalous or whether they signal a
fundamental change in how the markets will be operating.

In February 2010 the Pew Center on the States Report reported that seventeen states use
an investment return assumption of less than 8 percent, while twenty-two others use an 8.0
percent assumption. According to the report, Connecticut is one of eleven states utilizing an
investment return assumption greater than 8.0 percent. However, it is important to assess
the reasonableness of the return assumption not by itself but in its relationship to the
assumed rate of inflation. When returns are lower than expected (an actuarial loss), this is
often partially offset by inflation being lower than expected (an actuarial gain).

Schedule 4- SERS-Historical Rates of Return
Assumed Actual Actual
Rate of Market Actuarial
Fiscal Year Return Value Value
1993 8.50% 11.70% 8.80%
1994 8.50% 4.50% 7.40%
1995 8.50% 13.10% 8.40%
1996 8.50% 14.40% 10.70%
1997 8.50% 19.00% 12.90%
1998 8.50% 17.20% 14.30%
1999 8.50% 10.30% 14.60%
2000 8.50% 13.10% 15.00%
2001 8.50% -3.71% 9.02%
2002 8.50% -6.61% 5.84%
2003 8.50% 1.91% 5.08%
2004 8.50% 15.20% 6.74%
2005 8.50% 10.45% 7.37%
2006 8.50% 11.01% 8.03%
2007 8.50% 17.11% 9.80%
2008 8.50% -4.80% 6.76%
2009 8.25% -18.58% 2.63%
Compound Return 1993-2009 6.86% 8.97%




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October 28, 2010 Connecticut Post-Employment Benefits Commission

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(4) Retirement Incentive Programs (RIP). Actuaries make pension liability computations
based upon assumptions and projections including when employees will retire. There are
two kinds of retirement incentive programs; those that incent employees to retire earlier than
they might otherwise have; and those that incent employees to delay retirement. Historically,
Connecticut RIPs have incentivized employees to retire early by offering additional benefits.
These incentive plans add to the states liability. Conversely, if Connecticut incentivized
employees to delay retirement with an actuarially sound plan, the liability would decrease.

(5) Actuarial Gains and Losses. There are numerous actuarial assumptions that are made
when calculating liabilities and ARCs, including turnover, salary increases and a number of
others. To the extent that some of these assumptions are not realized, the actuarial amounts
will be different than projected. An overview of the major actuarial methods and assumptions
used for State-administered pension plans are included in Schedule 5.

Schedule 5- Actuarial Methods and Assumptions from Comptrollers June 30, 2009
Comprehensive Annual Financial Report

The following is information as of the most recent actuarial valuation:

SERF TRF JRS

Valuation Date 6/30/2008 6/30/2008 6/30/08

Entry age actuarial cost method

Actuarial Cost Method Projected unit credit Projected unit credit

using
cost method level percent of payroll funding cost method

Amortization Method Level percent of payroll Level percent of payroll Level percent of payroll

Remaining Amortization

24 Years 29.2 years 23 Years

Period
20% of declining balance 5-year smoothed

Asset Valuation Method 4-year smoothed market

method* market

Actuarial Assumptions:

Investment Rate of Return 8.25% 8.5% 8.25%

Projected Salary Increases 4.0%-20.0% 4.0%-7.5% 5.25%

Includes inflation at 4.0% 4.0% 5.25%

Cost-of-Living Adjustments 2.7%-3.6% 2.0%-3.0% 2.75%-5.25%

* This method has since been changed to a 5-year smoothed market value.

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October 28, 2010 Connecticut Post-Employment Benefits Commission

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Pensions: Comparisons to Other States, Municipalities and Private Sector

Connecticuts Pension Funding Ratios

In the Pew Center on the States report on state retirement systems issued in February
2010, the State of Connecticuts combined 2008 funding ratio in regard to its three pension plans of
61.6 percent was the fifth lowest among the fifty states. Similarly, the National Association of
Retirement Systems Administrators 2008 survey found Connecticut ranked 49
th
out of 51 states and
the District of Columbia in terms of the combined ratio of the SERS and TRS funding ratio (58.5
percent). Individually, the SERS (53.3 percent as of June 30, 2005) and TRS (63.0 percent as of
June 30, 2006) plans were 115
th
and 121
st
, respectively, out of 125 statewide plans listed in the
survey. The total average funding ratio for all the plans surveyed was 85.3 percent.

Connecticuts Pension Plan Provisions

Comparing pension benefit levels between states is complicated by the differences in the
actuarial assumptions utilized (e.g., discount rates) and the timing of valuations. Data for state-
administered pension plans from the February 2010 Pew Report indicated that Connecticuts total
liability per capita for its three pension plans is 10
th
highest in the country. The data included the
liabilities associated with Tier I, which has not had new participants since July 1, 1984.

The Federal Reserve Bank of Boston recently completed a report regarding state pension plans
in the six New England States. The report did not include Tier I in Connecticut in its comparisons, since it
has not been available to new employees since 1984. In comparing Connecticuts Tier II/IIA plan
provisions to plans in other states, the pension salaries at retirement are lower in Connecticut than the
other states, with comparisons to Massachusetts and Maine being somewhat more difficult because their
employees are not eligible for social security. The other New England states paying into the social
security fund for employees have significantly higher employee contribution amounts than Connecticut.
The other New England states range from 5.1 percent in Vermont to 8.75 percent in Rhode Island.

Connecticuts comparable employee contributions for non-hazardous duty employees in Tiers II
and IIA are zero and 2 percent, respectively. The other New England states also generally have
a steeper reduction in benefit amounts for early retirements.

Connecticut inflation based cost-of-living adjustments (COLAs) for Tiers II and IIA range from 2.5
percent to 6.0 percent, calculated as a percentage of CPI, with the actuarial assumption used being 2.7
percent. COLA provisions vary across the country and between municipalities in Connecticut. Among
New England states, Massachusetts indexes only the first $12,000 per year, up to a maximum of 3
percent. The maximums in Maine and Rhode Island are 4 percent and 3 percent respectively, while

Vermonts range is 1 to 5 percent. New Hampshire has no automatic COLA, but the legislature
makes regular ad-hoc adjustments.








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October 28, 2010 Connecticut Post-Employment Benefits Commission

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In terms of the percentage of final average salary earned per year of service, Tiers II and IIA,
representing most members current benefit accruals in SERS, are lower than other New England states.

Another important benefit component is the calculation of final average salaries. Most state
plans determine final average salaries over a 3 to 5 year period, with most of those, like
Connecticut, being at 3 years. A shorter period results in a final salary that is closer to a
persons earnings near retirement, which benefits those with rapidly growing salaries.

A related issue addressed in Connecticuts plans and in others involves spiking of final
average salaries through increased use of overtime and by other means. Massachusettss special
commission on its retirement systems indicated that 45 of the 108 largest state-administered plans
currently have anti-spiking provisions in place. Some states simply have language that prohibits
unusual payments just prior to retirement, but twenty-seven plans have percentage limits on the
annual increases used in calculating final average salary. These anti-spiking provisions vary, with
limits on annual salary growth of 5 to 20 percent, with a median of 10 percent. Connecticuts SERS
and TRS limits were annualized at 14 percent in the Massachusetts report. The level of base
salaries and the types of additional compensation included in final average salaries (e.g., overtime,
longevity) are other critical areas in which plans may differ.

Another issue discussed by the Commission was the ability for members to buy
additional years of service in a plan, whether such service was in local government, the military
or in other areas. Plans have differing provisions in this regard, however the amount charged for
buying additional years should reflect the actuarial value of the added benefit.

There has been some attention given to those who have retired under the SERS plan
with pensions of at least $100,000. These pensions are often related to high salaried positions
in our state university systems. Many of these individuals are likely in Tier I. The concerns about
these high pensions include what impact they will have on the plans liabilities and costs and
perhaps a sense that high-salaried employees should assume more responsibility for their
retirement needs. There is a maximum annual benefit (currently $195,000, indexed for inflation
and adjusted for age at retirement) based on the Internal Revenue Code. Cavanaugh
Macdonald projected very minor changes in the ARC associated with placing caps of $150,000
and $125,000 on pensions in Tiers II and IIA, respectively. While the annual pension payments
for retired members range from very low amounts to these higher amounts, the average pension
payment was approximately $27,500 per year in the June 30, 2008 valuation.

Connecticut Municipal Pension Plans

170 Connecticut municipalities, including both the Town and City of Groton, submitted
audit information to the Office of Policy and Management (OPM). Some of the summary data
from the June 30, 2008 audit reports related to pension plans is as follows:

Only 7 municipalities reported not offering a pension plan to any of their employees,
while 163 municipalities offer a pension plan to some or all of their employees.



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October 28, 2010 Connecticut Post-Employment Benefits Commission

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There were 208 defined-benefit plans, 61 defined-contribution plans, and 45
municipalities participating in the States Municipal Employee Retirement Fund
(MERF) (20 municipalities offered only MERF).

There were 24 municipalities with a defined-contribution plan only, while 113 had at
least one self-administered defined-benefit Plan.

For the 178 defined-benefit plans for which data was available, the aggregate total
actuarial accrued liability was $8.2 billion with $6.8 billion in assets, for a funding
ratio of 83.3 percent.

Private Sector Pension Plans

According to the Employee Benefit Research Institute, a nonprofit research institute in
Washington, D.C, in 2008, 79 percent of public sector employees had a defined-benefit plan. In
comparison, 33 percent of private-sector employees were enrolled in a defined-benefit pension plan
in the same period. Eighteen percent of state workers had a defined-contribution plan in 2008,
compared with 55 percent of private sector workers enrolled in a defined-contribution plan.










































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October 28, 2010 Connecticut Post-Employment Benefits Commission

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State Other Post Employment Benefit (OPEB) Plans

Overview of State Administered OPEB Plans

The State sponsors two defined-benefit OPEB plans: the State Employee OPEB Plan and
the Retired Teacher Health Care Plan (RTHP). The State OPEB plan is administered by the State

Comptrollers Office, while the RTHP is administered by the Teachers Retirement Board. While
OPEB plans involve life insurance and other non-pension post-employment benefits, almost all
of the liability in this area relates to retiree health insurance plans.

State Employee OPEB Plan

The State Employee OPEB Plan is a single-employer defined-benefit OPEB plan that covers
retired employees of the State who are receiving benefits from SERS or other state-sponsored
retirement systems, except TRS and the Municipal Employee Retirement System. As of the 2006
OPEB valuation, there were 59,347 active members, 42,395 retired members and 27,266 spouses
of retirees, for a total of 129,008 members. Of the 129,008 members, 11,887 were Non-SERS
members. These numbers have, of course, changed since the last full valuation in 2006.

A Summary of Plan Provisions is outlined in Schedule 6. OPEB benefits (i.e., Life Insurance,
Dental, and Medical) are available for those who retire with a normal, early or disability retirement under
the applicable retirement system. Participants who are deemed terminated vested in the retirement
system have been, to date, eligible for OPEB benefits when they begin collecting retirement benefits. The
Rule of 75 in the 2009 SEBAC agreement, described later in this report, makes changes in this
category. The ability to leave state service after ten years for another job and at later date begin receiving
full retiree health benefits is reportedly not found in many other state plans.

Schedule 6: Summary of OPEB Plan Provisions (not including life insurance)

Pre-65 retirees have the choice of the States POE and POS medical plans (PPO
plan was closed for future retirees as part of the 2009 SEBAC agreement).

For those eligible for Medicare, Medicare is primary plan and the State plan is
administered as a supplement to Medicare.

For those who retired before July 1, 1997 or under the 1997 Early Retirement
Incentive Program (ERIP), the premium share is zero percent, with participants only
responsible for co-pays.

For those who retired July 1, 1997 to June 30, 1999, the retiree pays 0 percent
except those in the PPO plan who pay up to a maximum of approximately 3 percent.

For those retired July 1, 1999 or later, POE/out of area PPO, the premium share is
0 percent, while Pre-65 POS/PPO premium shares are a variable amount up to a
maximum of about 3 percent for retiree and dependant coverage. Premium shares
for Post-65 POS/PPO coverage is 0 percent for retiree coverage and a variable
amount for dependant coverage up to a maximum of approximately 3 percent.
Retirees pay 80% of dental premiums.





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October 28, 2010 Connecticut Post-Employment Benefits Commission
Final Report


Retired Teachers Health Plan (RTHP)

The RTHP is a is a single-employer defined-benefit OPEB plan that covers retired teachers
and administrators of public schools in Connecticut who are receiving benefits from the Teachers

Retirement System. The plan provides healthcare insurance benefits to eligible retirees and
their spouses. The cost of providing plan benefits is designed to be financed on a pay-as-you-go
basis as follows: active teachers pay for one-third of plan costs though a contribution of 1.25
percent of their annual salary, retired teachers pay for one-third of plan costs through monthly
premiums, and the State pays for one-third of plan costs through an annual appropriation in the
General Fund. As of June 30, 2008, the plan had 30,619 retirees and beneficiaries receiving
benefits. In fiscal year 2009, the General Fund contribution was $22.433 million, although no
contributions were made in fiscal years 2010 and likely in 2011 in response to the States
budget situation. The RTHP was recently able to lower its costs associated with its prescription
drug plan by purchasing prescription drugs through the state employee health plan.

State OPEB Actuarial Accrued Liability and ARC Amounts

Statements 43 and 45 from the Governmental Accounting Standards Board (GASB) required
governments to begin reflecting their OPEB liabilities in their financial statements similar to their
pension liabilities. As will be discussed, the OPEB plans actuary uses a 4.50 percent discount rate
related to the pay-as-you-go approach, even though no assets are accumulating. The State of
Connecticuts first valuation for its OPEB plan was completed for the period ending April 1, 2006. An
update to the 2006 valuation was provided for the period ending April 30, 2008. Milliman, the actuary
for the State OPEB plan, recently produced an interim report again using the 2008 data. The AAL,
ARC and actual state payments from the valuation and updates are in Schedule 7.

Schedule 7: OPEB Valuation Summaries

Actuarial Accrued State Actual Payment
Valuation Date/Discount Rate Liability (AAL)* ARC
Period Ending April 1, 2006
4.50 % Discount Rate (Pay-as-you-go) $21.7 billion $1.6 billion $.418 billion
8.50 % Discount Rate (Pay Full ARC) $11.4 billion $.96 billion $.418 billion
Period Ending April 1, 2008 (update)
4.50 % Discount Rate (Pay-as-you-go) $24.6 billion $1.66 billion $.464 billion
8.50 % Discount Rate (Pay Full ARC) $13.2 billion $1.01 billion $.464 billion
Period Ending April 1, 2008(interim July 2010)**
4.50 % Discount Rate (Pay-as-you-go) $26.6 billion $1.9 billion $.464 billion
8.25 % Discount Rate (Pay Full ARC) $14.0 billion $1.2 billion $.464 billion
*The Unfunded Accrued Liability is equal to the AAL because there are no plan assets.

** Does not reflect the 2009 SEBAC agreement, including the RIP, the Rule of 75 and the 3
percent contribution for newer employees for up through 10 years of service.







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October 28, 2010 Connecticut Post-Employment Benefits Commission

Final Report


Connecticuts OPEB funding challenge is finding the additional dollars necessary to fund the
ARC. On the other hand, continuing pay-as-you-go will subject the state to a significant and continuing
escalation in these costs from a combination of health care inflation and a growing number of retirees.
From fiscal year 1999-00 to 2008-09, these costs increased at an annual rate of 11.2 percent.
Chart 4

State Payments for Retiree Health Insurance
(000's)
$600,000

$500,000

$400,000

$300,000

$200,000

$100,000

FY00 FY01 FY02 FY03 FY04 FY05 FY06 FY07 FY08 FY09 Est Est
FY10 FY11






Breakdown of OPEB Actuarial Accrued Liability

Schedules 8a and 8b, which were provided by the actuarial firm, Milliman, provide
breakdowns of the actuarial liability and the related ARC for the state OPEB plan reflecting their
recent interim update of the liabilities using the April 1, 2008 data. As indicated, these
projections do not reflect the 2009 SEBAC agreement. The schedules break out the estimated
actuarial accrued liabilities (AAL) and related ARCs for OPEB benefits to be provided to:

Active employees in Tiers I, II, and IIA and in non-
SERS plans; Terminated vested employees; and

Current retirees (In-pay status).

The AAL and related ARCs are further broken down for active and terminated vested
employees Member (i.e. employee) Pre-65 and Member post-65 and

Dependant Pre-65 and Dependant Post-65.

The information is provided for a 4.50 percent discount rate (Schedule 8a) and an 8.25 percent
discount rate (pay full ARC, Schedule 8b). As can be seen in the schedules, $14.6 billion of the AAL with
a 4.50 percent discount rate is related to active employees and $11.9 billion related to current retirees
and terminated vested employees, for a total AAL of $26.5 billion. The projected AAL declines to $14.0
billion when a discount rate of 8.25 percent is utilized as an acknowledgement of fully funding the ARC.


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October 28, 2010 Connecticut Post-Employment Benefits Commission
Final Report
Schedule 8a: OPEB Liability and ARC Breakdown 4/1/08 Valuation Preliminary Results
Details of Accrued Liability and ARC ($000s) Discount Rate= 4.50% Pay-as-you-go

Accrued Tier I Actives Tier II Tier IIA Non-SERS Terminated In- Pay Total In-
Liability Actives Actives Active Total Active Vested Status pay/Term Total
Member pre-65 $390,370 $1,375,732 $554,684 $260,729 $2,581,515 $737,155 $0 $737,155 $3,318,670
Member post- 956,216 2,622,284 1,062,259 766,942 5,407,701 1,223,080 0 1,223,080 6,630,781
65
Dependant pre- 280,517 1,058,930 440,585 233,160 2,013,192 587,689 0 587,689 2,600,881
65
Dependant 792,280 2,199,352 891,622 762,931 4,646,185 946,979 0 946,979 5,593,434
post-65
Retirees 0 0 0 0 0 0 8,423,446 8,423,446 8,423,446
Totals $2,419,383 $7,256,298 $2,949,150 $2,023,762 $14,648,593 $3,494,903 $8,423,446 $11,918,349 $26,566,942

ARC Tier I Actives Tier II Tier IIA Non-SERS Terminated In-Pay Total In-
Actives Actives Active Total Active Vested Status pay/Term Total
Member pre-65 $23,073 $113,600 $101,634 $35,099 $273,406 $27,469 $0 $27,469 $300,875
Member post- 53,474 200,168 187,581 95,486 536,709 45,575 0 45,575 582,284
65
Dependant pre- 16,921 88,557 82,163 32,805 220,446 21,899 0 21,899 242,345
65
Dependant 44,137 169,088 159,619 94,844 467,688 35,287 0 35,287 502,975
post-65
Retirees 0 0 0 0 0 0 313,879 313,879 313,879
Totals $137,605 $571,413 $530,997 $258,234 $1,498,249 $130,230 $313,879 $444,109 1,942,358
Schedule 8b: OPEB Liability and ARC Breakdown 4/1/08 Valuation Preliminary Results
Details of Accrued Liability and ARC ($000s) Discount Rate= 8.25% Pay full ARC

Accrued Liability Tier I Tier II Tier IIA Non-SERS Terminated In- Pay Total In- Total
Actives Actives Actives Active Total Active Vested Status pay/Term
Member pre-65 $273,980 $833,293 $286,742 $152,805 $1,546,820 $491,446 $0 $491,446 $2,038,266
Member post-65 432,869 1,026,984 371,414 322,374 2,153,641 458,634 0 458,634 2,612,275
Dependant pre- 206,123 654,218 229,915 141,374 1,231,630 391,880 0 391,880 1,623,510
65
Dependant post- 358,994 855,324 309,705 321,718 1,845,741 358,331 0 358,331 2,204,072
65
Retirees 0 0 0 0 0 0 5,546,622 5,546,622 5,546,622
Totals $1,271,966 $3,369,819 $1,197,776 $938,271 $6,777,832 $1,700,291 $5,546,622 $7,246,913 $14,024,745

ARC Tier I Tier II Tier IIA Non-SERS Terminated In-Pay Total In- Total
Actives Actives Actives Active Total Active Vested Status pay/Term
Member pre-65 $21,723 $84,348 $55,832 $22,097 $184,000 $28,665 $0 $28,665 $212,665
Member post-65 32,401 94,934 69,327 42,629 239,291 26,752 0 26,752 266,043
Dependant pre- 16,524 66,763 45,394 21,073 149,754 22,858 0 22,858 172,612
65
Dependant post- 26,825 79,513 58,340 42,503 207,181 20,900 0 20,900 228,081
65
Retirees 0 0 0 0 0 0 323,522 323,522 323,522
Totals $97,473 $325,558 $228,893 $128,302 $780,226 $99,175 $323,522 $422,697 $1,202,923




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October 28, 2010 Connecticut Post-Employment Benefits Commission

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OPEB Liability by Group (from Schedule 8a)

4.50% Discount Rate
Tier I Active
9%
Retirees
32%
Tier II Active
27%
Terminated Vested
13%
Non-SERS Active Tier II-A Active
8% 11%























Impact of State and Employee Contributions on Discount Rate and Total Liabilities

The OPEB plans actuary uses a 4.50 percent discount rate to the pay-as-you-go
approach, even though no assets are accumulating. This rate represents a long-term expected
rate of return on short-term fixed income securities, which are typically found in the assets of the
employer. A number of Commission members expressed concern as to whether this 4.50
percent discount rate underestimates the AAL; however, the members deferred to the actuarys
application of standard practices in making these assumptions.

Milliman also produced AAL and ARC projections using a blended discount rate reflecting the
4.50 percent discount rate referenced previously and varying levels of accumulating assets beyond the
pay-as-you-go amount. These discount rates are weighted proportionally to the respective reliance


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October 28, 2010 Connecticut Post-Employment Benefits Commission

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expected to be placed on plan assets to pay OPEB benefits when due or on annual budgets to
pay OPEB benefits when due. One scenario involved a 6.08% discount rate related to a partial
pre-funding arrangement based upon a State contribution of $100 million and future State
contributions of $50 million per year increasing by 5 percent per year after the first year. The
resulting AAL and ARC amounts are included in Schedule 9.

Another projection was provided by Milliman related to an alternate pre-funding strategy in
which an initial State contribution of $10 million and employee contributions of $17 million per year
growing by 4 percent each year related to the 3 percent of payroll contribution up through 10 years
of state employment for those with fewer than 5 years of service as of July 1, 2010 included in the
2009 SEBAC agreement. Recent estimates are that these contributions will be $23 million in the
current year, up from the $17 million original estimate. Milliman noted that if these employee
contributions were used to cover current year cost of benefits, as SEBAC 2009 allows up to 2013,
there would be no change in the AAL since there would be no accumulation of assets. On the other
hand, if there were to be a policy to place the contributions in the trust for a significant time period
(20-30 years or more), there would be an impact on both the AAL and ARC.

Milliman calculated a discount rate of 5.02 percent related to allowing the employee contributions
to remain in the trust, with related decreases in the AAL and ARC of $2.547 billion and $155 million,
respectively, compared to the pay-as-you-go amounts (see Schedule 9). From a budgetary standpoint,
the State would be paying for many years to come the full pay-as-you-go amount, which would continue
to grow each year. The policy question is at what point plan assets would be used to pay for current
expenses since the use of higher discount rates assumes that contributions above the pay-as-you-go
amount would remain in the trust for a significant amount of time.

Schedule 9: OPEB AAL and ARC by Discount Rate (as of April 1, 2008)

Discount Rate AAL ARC
4.50% (Pay-as-you-go) $26.567 billion $1.942 billion
5.02% $24.020 billion $1.787 billion
6.08% $19.814 billion $1.536 billion
8.25% (Pay full ARC) $14.025 billion $1.203 billion

Health Care Costs and Trends

Milliman also did some projections related to the impact on the AAL and ARC associated
with changes in the health care inflation trends. The health care inflation trends utilized by
Milliman in making their projections were 7.65 percent in the first five years, 5.9 percent for the
next five years, and then gradually trending down to 4.70 percent by year 52. Some members
questioned if this trend is too high based on the States experience, however, the Commission
understands that there is a great deal of uncertainty with these assumptions.






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October 28, 2010 Connecticut Post-Employment Benefits Commission

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Millimans projections demonstrated that changes in the health care inflation assumption
have a significant impact on the OPEB plans liabilities. Milliman projected that a 1 percent
ongoing increase above the amount assumed would increase the total OPEB liability by $3.75
billion, while a 2 percent increase would increase the total by $8.55 billion (both using a 6.08
percent discount rate). On the other hand, a 1 percent decrease below the baseline trend would
lead to a $2.96 billion projected reduction in liability, with the projected impact of 2 percent
reduction below the trend being a decrease of $5.33 billion in the liability.

If health care cost trends can be brought down through improvements in the delivery of
health care, such as the use of medical homes, plan changes and other measures, the impact on
lowering the States annual costs and liabilities associated with its OPEB plan could be significant.

The State is now pursuing a medical home pilot with respect to the state employee plan
to determine the impact of this change in service delivery method. The State is also seeking to
take part in a multi-payer medical home demonstration project as part of the federal health care
reform. The goal of these pilot programs is to determine if the savings from strengthening
primary care will be equal to the additional payment levels for primary care. The savings
anticipated under the medical home model include those associated with fewer emergency
room visits, reducing major illnesses through working with patients to follow testing and other
medical protocols and in other areas. One of the serious challenges raised with this model is
whether it can work without major reforms to the current fee-for-service payment method.

OPEB: Comparisons to Other States, Municipalities and Private Sector

State OPEB Plans and Provisions

A November 2009 report done by the Center for State and Local Government Excellence found
that Connecticuts unfunded OPEB liability per capita was the third highest in the nation, behind only

New Jersey and Hawaii. Connecticut is fourth highest in terms of its total liability per capita.
Most states, including Connecticut, have zero or a very low level of assets in dedicated OPEB
funds, with only 7 or 8 states reporting any meaningful level of funding.

The Center for State and Local Government Excellence report states that the substantial
variation in the unfunded liabilities is a function of the size of the workforce, the generosity of the retiree
health plan, the portion of the total cost of the health care program paid by the state, and the type of
employees in included in the plan. The inclusion or treatment of spouses and dependants is also a
factor, as well as the provisions related to retirees who are eligible for Medicare. The extent to which
states have certain services provided by county governments could impact these per capita comparisons
as well. Unlike a number of other states, Connecticut does not have county governments.

As an example of these differences, in a 2007 report, the Federal Reserve Bank of Boston
indicated that among the New England states, benefit payments per eligible retiree in 2006, recorded on



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October 28, 2010 Connecticut Post-Employment Benefits Commission

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a pay-as-you-go basis, ranged from approximately $3,300 for Maine to $11,000 for Connecticut,
according to the states Comprehensive Annual Financial Reports. There are also a number of
states across the country whose liabilities are limited to or include only the implicit subsidy
involved with allowing retirees (who generally have higher medical costs than younger active
workers) to participate in the states plan with the retiree paying the full premium. Premium
sharing by Connecticut retirees is currently minimal, ranging from zero to 3 percent.

Commonly state employees go directly into retirement in order to receive state employee
retiree health insurance, rather than leaving State employment with the idea of collecting
benefits years later.

A number of states prorate the amount of premium share paid by retirees based on the number of
years of service. The report of the Massachusetts special commission on its retirement systems issued in
2009 listed thirteen states whose retiree health plans include a percent reduction for each year of service
below a certain number (e.g., 20 years) in the amount of premium to be paid by the state, while 9 states
have a dollar amount reduction for each year of service below a certain number. These reductions make
retiree health plans analogous to pension plans in that the amount of the benefit received is correlated to
the number of years of service provided. Other states have rules similar to
Connecticuts Rule of 75 related to retiree health care eligibility.

Municipalities and the Private Sector

Fiscal year 2008 was the first year for many municipalities to include OPEB status
information, based on an actuarial valuation, in their financial reports. Aggregating the data for
the 25 Connecticut municipalities having valuations, the total actuarial accrued liability was $5.0
billion, with assets of $3,200,000, for a funding ratio of less than 0.1 percent.

While not reporting funding ratios related to the private sector regarding OPEB-type benefits,
the Kaiser Family Foundations Employer Health Benefits Survey for 2009 did contain information
about the percentage of firms that offer active health benefits that also offer retiree health benefits.
Of all large firms of 200 or more workers that offered active employee health insurance, 29 percent
of these employers offer retiree health benefits. State/local government was the highest at 81
percent. Of the large firms that do provide retiree health insurance, 92 percent provide retiree health
benefits to early retirees, with 68 percent offering retiree health for Medicare-Age Retirees. The
percentages for State/local government surveyed in this regard were 100 and 73, respectively.














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October 28, 2010 Connecticut Post-Employment Benefits Commission

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Impact of Pension and OPEB Liabilities on States Budgetary and Financial
Outlook and Credit Ratings

State Pension and OPEB Costs as an Increasing Portion of State Expenditures

In order to provide a baseline for the potential budgetary and funding implications of
continuing current approaches and practices, Schedule 10 provides actual and projected
expenditures for a 40 year period related to the State budget and contributions to SERS, TRS
and OPEB. Schedule 10 also provides available actual and projected funding ratios, where
available. The projections for future years in the schedule involved making certain assumptions,
which are outlined in the notes to the schedule. These assumptions include:

State expenditures will grow at 4.75 percent per year, the average from 1992 through
the 2014 projection amount;

SERS contributions will reflect the Cavanaugh Macdonald projections using the current
funding method;

TRS contributions and POB debt service based on a 2007 contribution schedule done for the
State by the Public Resources Advisory Group (PRAG) and the debt service schedule from the
Treasurers Office; and

OPEB state costs to increase by 10 percent per year. This last assumption is based on
the average increase for 2000 to 2009 of 11.2 percent per year.

As indicated in Schedule 10, the costs for SERS, TRS and OPEB grew from 5.57 percent of
budgeted expenditures in 1992 to 11.24 percent of expenditures in the current year, fiscal year
2010-11. These costs grew by an average of 8.8 percent per year during from 1992 to 2011. Using
the assumptions described above, annual costs for SERS, TRS, and OPEB are projected to reach
18.97 percent of the budget in fiscal year 2032. The growth for fiscal year 2012 alone is almost $270
million higher than that expended in these areas in the current fiscal year. The challenge for the
State will be to balance the need to increase the funding ratio of its pension and OPEB plans with
the need to manage its overall budgetary needs. These increasing costs could crowd out additional
investments in education, infrastructure, health care, and other critical areas.





















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October 28, 2010 Connecticut Post-Employment Benefits Commission

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Chart 5

Pension and OPEB Actual and Projected Costs as a Percentage of State Expenditures

(from Schedule 10)


20.00%

18.00%

16.00%

14.00%

12.00%

Column1

10.00%

Projected
8.00%

6.00%

4.00%

2.00%

0.00%

FY92 FY95 FY98 FY01 FY04 FY07 FY10 FY13 FY16 FY19 FY22 FY25











































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October 28, 2010 Connecticut Post-Employment Benefits Commission
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Schedule 10
































































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October 28, 2010 Connecticut Post-Employment Benefits Commission

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Impact on Financial Outlook and Credit Ratings

Demographic factors must be considered when analyzing and seeking solutions to the
States pension and OPEB liabilities. Nationwide and in Connecticut, the ratio of active workers
to retirees will continue to decline as the baby boom generation ages, leaving fewer workers to
pay for amortization of past liabilities.

Connecticuts state spending growth has outpaced its population growth, increases in
gross state product, and income growth over the past several decades. Although job growth in
the State has lagged that of the nation, Connecticut residents income growth has outperformed
national growth over the long-term. In fact, Connecticut continues to have the highest per capita
income in the nation. Commission members have noted, however, that there is a growing
income disparity, in which those at the higher end of the income scale have seen their incomes
rise rapidly through the years in contrast to those in the lower and middle income levels.

Connecticut was 5
th
highest in terms of state taxes per capita in 2009, while it was 19
th
highest in
terms of state taxes as a percentage of income. For total state and local taxes, Connecticut was 5
th

highest on a per capita basis and 11
th
highest in terms of per capita taxes as a percentage of income.

The bond rating agencies give a third-party view of Connecticuts financial to potential creditors.
These bond ratings have an impact on how much the State will pay in interest on the bonds it issues to
pay for capital projects. The rating criteria used by the agencies include the following factors: the

States economy; debt structure; financial condition; demographic factors; and management practices of
the governing body and administration. The three major rating agencies have Connecticut rated in the
middle tier of the high quality category (Moodys: Aa2; Fitch AA; and Standard and Poors: AA). The best
quality category is marked by those with AAA ratings. Fitch had temporarily raised Connecticuts bond
rating to AA+ but reduced it in 2010 to AA based on the states budgetary problems.

In a recent article about pension funding, Standard and Poors noted that the decline in public
pension fund assets, which has occurred across the country, is contributing to the type of budget distress
that States are experiencing. A separate report also asserted Standard and Poors position that pension
liabilities and the costs associated with them on an annual basis are an important credit factor. Rating
agencies are interested in the steps states are taking and the overall plans they have in place to address
these liabilities, which they understand must be funded over time.

In addition to appropriate planning, ratios and other measures are used by the rating
agencies to determine the level of flexibility states have to address their fiscal challenges. In this
regard, Standard and Poors July 8, 2010 report indicated that Connecticut has the second
highest combined debt and pension unfunded liability per capita as a percent of income in the
country. High liability levels reduce the States flexibility to address other critical services and
investments to maintain Connecticuts competitive advantage.






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Actions Taken in Other States Regarding Pension and OPEB Liabilities

The Pew Report noted that fifteen states passed legislation in 2009 to reform some
aspect of their state run retirement systems, compared with twelve states in 2008 and eleven in
2007. Legal restrictions regarding reducing benefits for current employees shifted many of the
changes to benefits for new employees.

Ten states increased the contributions made by current and new employees to their
benefit systems, while ten states lowered benefits for new employees or set higher retirement
ages or longer service requirements. A 2009 report from the Center for State and Local
Government Excellence indicates that a number of states have amended their retiree health
plans to address the related costs and liabilities. Changes have included higher premium
shares, higher deductibles, higher co-payments and more years of service to qualify for retiree
health coverage. Pew places the changes into five general categories:

Keeping up with funding requirements;

Reducing benefits or increasing retirement age;

Sharing the risk with employees;

Increasing employee contributions; and

Improving governance and investment oversight.

The range of actions taken by other states to address pension and OPEB liability issues was
gathered by the National Conference of State Legislators, which actions are summarized in Appendix 3.
































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Potential Strategies to Address Pension and OPEB Liabilities and Costs

Pension Plans

Overall Strategy

The size of States unfunded pension liabilities are a result of many factors. The early
approach to the SERS Plan was pay-as-you-go, there was no prefunding of future benefit payments.
Even after a decision was made to prevent the growth of the unfunded liability and to amortize the
past liabilities over time through payment of the ARC, little progress has been made in improving the
Plans funding ratio for the reasons described in this report. This has recently been exacerbated by
losses in asset values, which affected plans throughout the country. Using the current funding
strategy, the funded ratio is projected to drop from its June 30, 2008 level of 52 percent down to 46
percent as of June 30, 2010 based on preliminary projections done by Cavanaugh Macdonald.

Cavanaugh Macdonald also projected that the ARC for fiscal year 2012 will be $185
million higher than the contribution being made in the current year, and will grow each year
thereafter until the unfunded accrued liability is fully amortized. Even with these growing ARC
amounts, the funding ratio is projected to decrease further over the next few years and not rise
above 46 percent until 2016, based on the current calculation methods.

Given the States serious budgetary challenges over the next several years, and the
pressure that the growing costs of the States retirement systems place on other budgetary
needs, a number of approaches need to be considered to reduce the unfunded pension
liabilities of the State. Consideration should be given to new funding strategies, financing
alternatives, plan design and benefit modifications. It is critical in the Commissions view, to
reinvest any benefit related State ARC savings into reducing the plans unfunded liabilities.

Finally, the Commission discussed the potential benefits and drawbacks of creating a
defined-contribution plan in lieu of a defined-benefit plan for new employees, or a hybrid plan that
would include both a defined-benefit and defined-contribution component for these employees.

It is important to note that there are Commission members who did not agree with some of the
strategies presented below in regard to the State pension and OPEB plans. Also, the Commission did not
seek to prioritize these strategies. The main goal of this report has been to provide information and
potential approaches to addressing these liabilities to policy-makers and stakeholders.














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Funding Strategies

Paying the Annual Required Contribution (ARC)

Paying the ARC calculated under accepted actuarial standards and a carefully
structured funding policy, each and every year, would put the state on a surer path towards
reducing and eventually eliminating its unfunded pension liabilities and limiting further growth in
these liabilities. When the ARC is not fully contributed, the State falls behind in improving its
funding, which in turn increases future ARC costs. The State also loses the investment income
assumed to be achieved on the timely payment of the calculated ARC.

1) The State should, each year, make the full ARC payment determined by its plan actuaries
in accordance with accepted actuarial principles and the States funding plan.

Calculating the ARC

In addition to paying the ARC each year, it is critical for the State to review how the ARC
is calculated. Some of the issues, which have been described in this report, include:

Approaches to Calculating the ARC: Level Percent-of-Payroll vs. Level Dollar. The State,
like many other public plans, uses the level percent-of-payroll approach to calculate the
amortization component of the ARC for its three major plans. This approach back-loads
the amortization of the unfunded liabilities, resulting in steady increases each year in the
ARC and slower progress in improving a plans funding ratio. In contrast, the level dollar
amortization approach, as demonstrated by the Cavanaugh Macdonald projections (see
Schedule 11 below), increases the funding ratio more rapidly and achieves budget
stability through smaller annual increases in the ARC. The ARC is significantly higher in
the earlier years with the level dollar approach.

Another issue of great concern involves the reductions made to the ARC based the
interpretation that has been given to certain provisions of SEBAC IV and SEBAC V. For the
past ten years, the reductions to the ARC related to these agreements total nearly $820
million, and likely total $1.0 billion or more for all of the years of the agreement period. The
impact of these reductions is a further back-loading of the payment schedule and an
accompanying lack of progress in improving the funding ratio of the Plan. Exacerbating this
concern is that the SEBAC 2009 agreement allowed for additional reductions in pension
contributions of $314 million over the period of fiscal years 2009 to 2011.

While difficult to achieve from a budget standpoint, the Cavanaugh Macdonald
projections found in Schedule 11 demonstrate that payments beyond the current ARC
levels would have a significant impact of improving the States funding position and
lowering its annual budget costs in the long-term.





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Schedule 11: Comparison of ARCs, Funding Ratios, Level Percent of Payroll vs. Level Dollar Methods
(000s) (taken from Appendix 4 of this report)

Level Percent of Level Percent of

Level Dollar

Difference in
Fiscal Payroll ARC Payroll Funding Level Dollar ARC Payroll Funding Difference in Funding Ratio
Year Appendix B Ratio Appendix B Appendix B Ratio Append. B ARC: Level $ Level $ minus
Ending Attachment 2 Attachment 1 Attachment 2 Attachment 1 minus Level % Level %
6/30/12 1,029,991 45.8% 1,393,288 45.8% 363,297 N/A
6/30/15 1,272,116 42.8% 1,558,482 47.7% 286,366 4.9%
6/30/18 1,438,420 46.2% 1,570,442 55.3% 132,022 9.1%
6/30/21 1,645,126 49.9% 1,593,733 62.1% (51,393) 12.2%
6/30/24 1,895,189 55.0% 1,618,180 68.8% (277,009) 13.8%
6/30/27 2,217,889 62.1% 1,657,110 76.0% (560,779) 13.9%
6/30/30 2,670,732 72.9% 1,720,765 84.4% (949,967) 11.5%
6/30/33 3,839,879 89.8% 2,013,616 94.9% (1,826,263) 5.1%
6/30/36 326,738 100.0% 326,738 100.0% 0 0%

Note: The actuaries application of SEBAC IV and V reductions are reflected in all of
the above projections.

Actuarial Assumptions, including Investment Return/Discount Rate Assumption. If the actual
investment returns are lower than those assumed in the actuarial valuation, the result will be
a growth in the unfunded liabilities and the ARC going forward. In comparing Connecticut to
other states, our assumed rate of return of 8.25 percent is higher than the 8.0 percent or
below that is assumed by thirty-nine other states. The real rate of return (total return less
inflation) assumed by Connecticut is near the median of statewide assumptions.

A lower investment return rate would reduce the impact of a loss in plan asset values, but would
increase the amount of the ARC. The actuarial rate of investment returns for SERS for the past
decade have generally been below the actuarial assumed rate, and will remain below this level
for a number of years as 2008 investment losses are incorporated into the calculations of the
actuarial rate of return. While the investment return assumption is important, this assumption
must be viewed in the context of all of the assumptions used in calculating actuarial liabilities.

2) The State should eliminate the reductions in ARC payments as has been interpreted
in SEBAC IV and V.

3) The State should consider decreasing its assumed rates of return and inflation to reflect
more realistic and conservative expectations about the economy and capital markets.

4) The State and SEBAC should adopt a more rigorous funding strategy targeted at
achieving specified minimum funding ratios over time. This enhanced funding could be
financed through additional state and employee contributions and plan modifications.







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October 28, 2010 Connecticut Post-Employment Benefits Commission

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An example of such targeted funding ratios follows:
Targeted Funding Ratio Projected Ratio: Current Method
Fiscal Year Ending 6/30/15: 47.5 percent 42.8 percent
Fiscal Year Ending 6/30/18: 55.0 percent 46.2 percent
Fiscal Year Ending 6/30/21: 62.5 percent 49.9 percent
Fiscal Year Ending 6/30/24: 70.0 percent 55.0 percent
Fiscal Year Ending 6/30/27: 75.0 percent 62.1 percent

5) The State should consider adopting a funding policy which addresses both Tier I
legacy liabilities and ongoing accruals for Tiers II and IIA. One possible strategy is to
install a contribution minimum. The minimum amount contributed to the SERS fund in
a given year by the State shall not be less than the sum of expected benefit payments
to Tier I retirees and the employer normal cost for Tiers II and IIA.

6) The State should require that each pension and OPEB valuation contain a projection
for each year of the remaining amortization schedule, thereby highlighting the long-
term impact of its funding practices.

Employee Contributions to the Fund

As described earlier in this report, hazardous duty employees in Tiers II and IIA
contribute 4 percent and 5 percent, respectively, towards the SERS Plan, while other Tier II
employees contribute nothing and Tier IIA employees contribute 2 percent. Other New England
states have employee contribution rates of between 5.1 percent and 8.75 percent for non-
hazardous duty employees. Increasing employee contributions is among the strategies
employed in a number of states to address these liabilities.

Based on an active employee payroll of almost $3.2 billion preliminarily projected by
Cavanaugh Macdonald for the period ending June 30, 2010, each 1 percent increase in average
employee contributions would add $32.0 million in contributions. These contributions likely could
be made on a pre-tax basis, thereby mitigating the impact on employees.

While the State is currently experiencing serious and continuing budgetary challenges, there
have been provisions proposed and/or enacted in the past to dedicate a portion of operating budget
surpluses to addressing pension, OPEB or other long- term liabilities. The longer-term positive
impact on pension, OPEB and other liabilities of consistent and significant funding above the current
ARC has been demonstrated by actuarial work done for the Commission. Another approach,
reportedly considered in Massachusetts, is to dedicate a portion of cyclical revenues (e.g., capital
gains tax) to a pension and/or OPEB trust when these revenue sources go above a certain levels.





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October 28, 2010 Connecticut Post-Employment Benefits Commission

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7) The State and SEBAC should consider increasing employee contribution rates to levels
found in other states, taking into account differing benefit levels and plan funding ratios.
A study may be needed to determine appropriate levels of cost sharing between employer
and employee. Such additional contributions should go towards moving the State fully or
closer each year to achieving the recommended minimum funding ratio targets.

8) In addition to the State meeting its obligation to pay the ARC each year, a mechanism for
dedicating a specified proportion of future operating budget surpluses or large increases
in cyclical revenue sources towards the pension and OPEB liabilities should be enacted.

Pension Obligation Bonds

Pension Obligation Bonds (POBs) are generally defined as a type of general obligation bond
issued to reduce the unfunded liabilities of a defined-benefit pension plan. POBs can help a government
to lower its costs of carrying an unfunded liability, particularly when: (1) the cost of issuing POBs is lower
than the cost of carrying the unfunded pension liabilities at the plans assumed rate of return; and (2) the
rate of return on the amount borrowed and ultimately invested is greater than the interest on the bonds
(which, according to federal tax law, are taxable). An important element of this approach is that the
government issuing the POBs should continue to pay the actuarially recommended contribution (ARC)
associated with whatever unfunded liability remains after the bond issuance. Some issuers have used
POBs to fund their current contribution, and this can add to budget instability.

POBs have been issued by a number of governmental entities across the nation,
including several municipalities here in Connecticut. In 2008, the State of Connecticut issued
POBs in order to reduce the unfunded liability of the Teachers Retirement System (TRS) and to
ensure future funding through a bond covenant.

Current market conditions suggest that POBs for SERS could be issued at a taxable rate
of approximately 5.75%. Consequently, an issuance of POBs would be feasible only if a number
of conditions were satisfied, chief among them: the average rate of return over the life of the
bonds must exceed the cost of borrowing by an acceptable margin. As a frame of historical
reference, the SERS annualized net return for the period ended June 30, 2010 was 12.93% for
the 2010 fiscal year; 2.89% for ten years; 6.71% for fifteen years; 7.08% for twenty years and
8.02% for twenty-five years. These figures reflect the extraordinary global economic crisis in
2008 and 2009, which resulted in a -18.3% return for fiscal year 2009.

The economic conditions and experiences that justified Connecticuts issuance of POBs in the

Spring of 2008, may not now exist for SERS. Prospects for long-term investment returns have
moderated following the financial meltdown of the fall of 2008, and leading indicators suggest
very slow economic growth following the ensuing recession. Consequently, a number of factors
suggest that the issuance of POBs to reduce the unfunded liability of SERS may be
unwarranted at this time. Among them:





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October 28, 2010 Connecticut Post-Employment Benefits Commission

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Impact on State Debt Levels: The issuance of POBs for SERS would increase the
States debt levels. Given that Connecticut already has relatively high debt levels, the
Governor and legislature must consider any POB in the context of other competing
priorities for bonding during a period of budget stress.

Financial Flexibility: The issuance of POBs converts the States commitment to fund
annual pension contributions for a portion of the unfunded liability to a fixed debt liability.
When the State issued POBs for the TRS, one of the primary objectives was to bind the
State to fully funding the ARC going forward, allowing the fund to gain the benefit of
compounding of investment earnings over time and to end the practice of chronic
underfunding. However, in the case of SERS, under its labor agreements in effect
through 2017, the State has already committed to fully fund the ARC annually --
although the State has recently negotiated reductions in such payments.

Rating Agency Views: The State needs to consider how a POB for SERS could be viewed by
rating agencies given the States existing debt levels. Since the rating agencies already include
unfunded pension liabilities in the States total long-term obligations, these liabilities are already
accounted for, but POBs will be considered a hard liability. If the State issues bonds to fund
current pension contributions, it would be considered a deficit financing by the credit rating
agencies. The State did not use the POBs issued in 2008 to fund current contributions for TRS.

Prospect for Long-Term Investments Returns: The potential benefit of a POB is the
spread between the POB debt cost and the long-term return on assets. The State needs
to consider the risk of earning certain levels of future investment returns in the near and
long-term and incorporate that into any decision to issue POBs. If the State does not
earn at least the debt cost over the long-term through the investment of proceeds from
the issuance of POBs, then the transaction will result in dissavings.

9) Pension Obligation Bonds, if properly structured and timed, could help a government to lower
its costs of carrying an unfunded pension liability, but there are a number of issues and risks
that must be carefully considered before issuing bonds for this purpose. A number of factors,
however, suggest that the issuance of POBs may be unwarranted at this time.






















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Plan Design and Benefit Modification Strategies

Tiers II and IIA, the SERS plan benefits offered to employees hired after 1984 are, in a
number of respects, reasonable in terms of a defined-benefit plan when compared to other
states in New England. In reviewing the options outlined below, the Commission considered
areas where modifications may be appropriate in light of similar provisions in other
governmental plans. The need to consider modifications, however, is based on the need to
make these plans sustainable for the State, its employees and taxpayers. As noted previously,
the States funding progress is among about the worst in the country.

The Commission considered the degree to which employees have made future plans
based on the plan provisions as they now exist. This becomes a greater issue, the closer an
employee is to retirement. The impact of the disruptions and serious declines in the financial
markets, however, will likely cause many individuals to delay their retirement age throughout our
state and country. The economic downturn has also challenged the ability of governments to
pay for commitments made to both its employees and its citizens.

Conducting Actuarial Valuations of Proposed Plan Changes, Early Retirement Programs
and Other Major Actions

A major goal for the Governor in creating the Commission was to increase the level of transparency
and understanding of pension and OPEB liabilities and costs. During a budgetary crisis or legislative
session, the ability to undertake a full vetting of the impact of changes affecting pension or OPEB
liabilities, can be limited. This type of information, however, is necessary for elected officials and the
public, in terms of assessing the short and long-term impacts of actions contemplated in these areas.

10) A mechanism should be established to require and obtain independent actuarial information
regarding the impact of plan changes and other major actions affecting pension and OPEB plan
liabilities for each of the years remaining in the plans current amortization schedule prior to the
enactment of any such changes or actions. Any change that increases a plans unfunded liability
should be accompanied by a funding strategy to fully address such increased liability.

11) The State should seek to avoid future retirement incentive programs, unless: 1) a
multi-year actuarial analysis is first undertaken and 2) a method of funding any
actuarial losses is identified and implemented.

Increasing Retirement Age or Providing Incentives to Retire Later; Other Pension Benefit
Modifications

The Federal Reserve Bank of Boston recently reported that traditional pension plans for most
state employees in New England discourage continued work at older ages. This places stress on plans as
people live longer and involves the macroeconomic question of how a proportionately smaller working-
age population can support the unfunded liabilities of a proportionately larger retirement population.
While Connecticuts percentage of final average salaries paid under Tier II and Tier IIA are lower than



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October 28, 2010 Connecticut Post-Employment Benefits Commission
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other states, these other states generally have a steeper reduction, greater than Connecticuts 3
percent per year, for early retirements. Connecticuts 3 percent reduction does not reflect the full
actuarial impact of those retiring earlier. A related incentive to retire early is that Connecticut
offers early retirees health insurance at a lower cost than if they kept working.

The potential impact on total liabilities and ARC costs from delaying the age for early
and normal retirements and increasing the reductions associated with early retirements was
projected by Cavanaugh Macdonald. In addition to pension plan impacts, delaying the age of
retirement would have an impact on the States OPEB liability because the State only pays for a
supplemental plan once a retiree reaches Medicare eligibility. Actuarial estimates were
requested for all of Tier II and all of Tier IIA actives under four scenarios:

Scenario 1-Tier II, Non-Hazardous:

Proposed Early Retirement Eligibility: Age 62 with 10 years of service (Current:
Age 55, 10 years);

Proposed Normal Retirement: Age 65 and 10 years or 70 and 5 (Current: 62
and 10, 60 and 25 or 70 and 5); and
Early Retirement Reduction change from 3% to 6%.
Scenario 2-Tier IIA, Non-Hazardous:

Proposed Early Retirement Eligibility: Age 62 with 20 years of service (Current:
Age 55, 10 years);

Proposed Normal Retirement: Age 65 and 10 years or 70 and 5 (Current: 62
and 10, 60 and 25 or 70 and 5); and
Early Retirement Reduction change from 3% to 6%.
Scenario 3-Tier II, Hazardous:
Eligibility of Retirement: 25 years of service (Current: 20 years of service)
Scenario 4-Tier IIA, Hazardous:
Eligibility of Retirement: 25 years of service and age 55 (Current: 20 years of service)

The full schedules for these changes done by Cavanaugh Macdonald, and the baseline related
to current plan are in Appendix 4. Schedule 12 below compares the ARC with each of these
scenarios to the baseline related to the current plan, as well as a total for the four scenarios.

Schedule 12-Comparison of ARCs for Scenarios 1 to 4 with Baseline
Based on Level Percent of Payroll (000s)
Fiscal

Scen. 1

Scen. 2

Scen. 3

Scen. 4 Scen 1-4
Year Scenario 1 ARC Scenario 2 ARC Scenario 3 ARC Scen. 4 ARC Total
Ending Baseline ARC ARC Savings ARC Savings ARC Savings ARC Savings Savings
6/30/12 1,029,991 974,615 (55,376) 1,008,257 (21,734) 993,993 (35,998) 1,008,094 (21,897) (135,005)
6/30/15 1,272,116 1,199,751 (72,365) 1,238,826 (33,290) 1,229,189 (42,927) 1,233,628 (38,488) (187,070)
6/30/18 1,438,420 1,367,317 (71,103) 1,403,752 (34,668) 1,403,933 (34,487) 1,387,500 (50,920) (191,178)
6/30/21 1,645,126 1,574,830 (70,296) 1,610,540 (34,586) 1,611,453 (33,673) 1,584,579 (60,547) (199,102)
6/30/24 1,895,189 1,826,693 (68,496) 1,856,527 (38,662) 1,851,637 (43,552) 1,838,965 (56,224) (206,934)
6/30/27 2,217,889 2,143,540 (74,349) 2,172,387 (45,502) 2,163,483 (54,406) 2,164,932 (52,957) (227,214)
6/30/30 2,670,732 2,575,063 (95,669) 2,618,229 (52,503) 2,605,127 (65,605) 2,625,400 (45,332) (259,109)
6/30/33 3,839,879 3,709,911 (129,968) 3,783,185 (56,694) 3,762,792 (77,087) 3,782,279 (57,600) (321,349)
6/30/36 326,738 329,305 2,567 298,188 (28,550) 324,923 (1,815) 288,752 (37,986) (65,784)


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October 28, 2010 Connecticut Post-Employment Benefits Commission

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While the changes described above would likely have some overall positive impact on
the plans funding ratio, reinvesting the ARC savings into the plan would help Connecticut reach
the minimum funding ratio targets.

12) The State and SEBAC should consider raising the retirement age for those in Tiers II and IIA
and increase the reductions related to early retirements in order to achieve ARC savings,
which should be applied towards achieving the recommended minimum funding ratio targets.

In order to test the impact of certain proposals on the ARC, Cavanaugh Macdonald
provided actuarial projections, using the 2008 valuation data (which does not reflect the 2009
Retirement Incentive Program and other changes since 2008), with respect the potential
changes described below. Actuarial estimates were only requested for Tiers II and IIA since, at
this point, it was considered to be too late to consider changes in Tier I.

Schedule 13: Impact of Various Benefit Changes

$ Savings in ARC-1
st
Year
Potential Change for Currently Active % Change in (Savings would grow as
Employees Normal Cost % Change in ARC ARC grows)
Tier II-Final Average Salary based on last 5 (0.17%) (0.48%) $17.4 million
years (not current three)
Tier IIA-Final Average Salary based on last (0.09%) (0.13%) $4.7 million
5 years (not current three)
Tier II-COLA capped at 2.0% (0.35%) (0.84%) $30.4 million
Tier IIA-COLA capped at 1.5% (0.29%) (0.44%) $15.9 million
Tier II-Maximum Pension-$150,000 (0.01%) $.5 million
Tier IIA-Maximum Pension-$125,000 Liability decrease $0
too small for
impact on ARC


Based on the time and costs related to obtaining actuarial estimates, projections were
not obtained for all potential changes, including those related to spiking, rates charged for
additional years of service for military, local government or other service, and others being
implemented in other states (see Appendix 3).

13) The State and SEBAC should consider plan modifications in order to achieve ARC savings,
which should be applied towards achieving the recommended minimum funding ratio targets.












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October 28, 2010 Connecticut Post-Employment Benefits Commission

Final Report


Defined Contribution and Hybrid Plans for New Employees

Another issue considered by the Commission is how to prevent the problems that have
been described above with defined-benefit plans from being perpetuated going forward. While
less significant at this point in time than Tier I, the unfunded liabilities related to Tiers II and IIA
have been growing and will continue to grow unless properly funded.

The Commission had significant discussions regarding the pros and cons of defined-
contribution plans. The main advantage for the State of a defined-contribution plan is that its liability
would be limited to a known and fixed percentage of payroll. Under a defined-contribution plan, the
risks associated with not realizing the assumed investment returns and not adequately saving for
future costs moves from the State to the employee, significantly impacting an employees ability to
retire during difficult economic times. An advantage of defined-contribution plans is that they are
portable for those who change jobs or leave State service with relatively few years of service.

Defined-benefits plans typically have the advantage of professional investment
management and have been shown to provide benefits at a significantly lower administrative
cost. Defined-benefit plans also provide lifetime incomes without the financial risk, for individual
employees, of large market losses or of large individual withdrawals that can be associated with
defined-contribution plans. Under a defined-benefit plan these risks are pooled and become the
responsibility of the State and its taxpayers.

Defined-contribution plans are the most prevalent plans for those employed in the
private sector, primarily due to the profit-making nature of business, mobility of their workforces,
and questions about the ongoing existence of some businesses. Eliminating the risk of large
cost fluctuations and unfunded liabilities is an important concern for such businesses.

Defined-benefit plans remain the most prevalent plans for state and local governments,
although there has been movement among some Connecticut municipalities towards providing
defined-contribution plans. Some states, such as Michigan, have moved to a defined-contribution
plan for new employees, while Georgia has created a hybrid or combination defined-
contribution/defined-benefit plan for new employees. States such as Maine and Massachusetts have
looked at this approach and have decided to remain with a defined-benefit plan, with some changes.

Hybrid plans often include a defined-benefit plan with a lower annual benefit amount
supplemented by a defined-contribution plan. Hybrid plans have been viewed by some states
and entities as a means of addressing, in part, the advantages and disadvantages to defined-
benefit and defined-contribution plans that have been described above.

Connecticuts Alternate Retirement Plan has an 8 percent of salary state contribution, with an
employee contribution of 5 percent. The employer contribution percentage in a defined-contribution



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October 28, 2010 Connecticut Post-Employment Benefits Commission

Final Report


plan represents the employers cost for the benefits and is considered comparable to the normal costs as
a percentage of payroll for a defined-benefit plan. The normal cost as a percent of payroll for SERS

Tier IIA (from the June 30, 2008 valuation and the related actuarial assumptions) non-
hazardous duty employees was 4.70 percent. The Tier IIA-non- hazardous duty percentage is
projected to grow to 7 percent or so over time. The normal cost projections for Tier II-A indicate
that the current level of benefits being accrued by new members of SERS are not as significant
a problem as addressing financing the Tier I liabilities. The normal cost of a plan, however, does
not reflect the need to amortize unfunded liabilities that have arisen from past funding shortfalls
and continue to grow in many defined-benefit plans, including SERS.

A concern was raised that problems that could arise with the investment of plan assets by having
a separate plan for new employees and a closed plan for current employees and retirees. Such a closed
plan would need, over time, to shift more of its investments away from equities towards more fixed
income to support a population of mostly retirees. The result would be that the State may have to
increase contributions to the fund to make up for lower expected investment returns.

The Commission was in agreement that a move towards a different plan for new
employees would have little or no impact on the States current liabilities, because past benefits
would not be affected. Some of the members of the Commission, however, feel that
Connecticuts history regarding its non ARC-compliant contributions to the plan, offering
retirement incentives and other actions requires that a defined-contribution or hybrid plan be
considered, while other members feel that the Commission should not make recommendations
based on an expectation of irresponsible State funding decisions.

Those on the Commission who opposed a defined-contribution plan for new employees
believe that such a plan would be more costly to the state and would not address the current
unfunded liability problem, while providing lower and less secure retirement benefits to its
employees. Those on the Commission who believed that a defined-contribution plan should be
considered expressed significant concern that the problems and issues associated with the
defined-benefit plan could be perpetuated going forward at a growing cost to the State,
especially if the recommendations in this report are ignored.


















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October 28, 2010 Connecticut Post-Employment Benefits Commission

Final Report


State OPEB Plan

Overall Strategy

A significant challenge for the State going forward will be managing the cost of its retiree
health care benefits. According to the most recent actuarial projection, for the period ending April 1,
2008, the total unfunded OPEB liability was $26.56 billion using a 4.50 percent discount rate, with an
associated ARC of $1.94 billion. This ARC is more than three times the $595 million that the State is
paying on a pay-as-you-go amount in the current year. As indicated previously, Connecticuts 2008
actuarial accrued liability (AAL) related to its OPEB plan per capita is the fourth highest in the nation.

The challenge for the State is that until it can begin to significantly address this unfunded
liability, it is destined to pay a higher amount each year for retiree health insurance for decades
to come. From 2000 to 2009, the growth in the States actual costs was 11.2 percent per year.
The overall strategy is to close the gap between the ARC and the amount contributed by the
State and its employees. Connecticuts goal should be to fully fund the ARC each year. In order
to achieve this goal, Connecticut must find ways to reduce and move its AAL and ARC per
capita for OPEB closer to the average levels found in other states.

The range in the AAL and ARC per capita for New England states are listed below in
Schedule 14. There three main reasons for the differences below are: 1) benefit levels and cost
of plans; 2) retiree population covered; and 3) funding policy.

Schedule 14: 2008 State OPEB AAL and ARC Per Capita: New
England States (Pew Report, February 2010)

2008 OPEB AAL Per Capita 2008 OPEB ARC Per
State (as % of Per Capita Income) Capita 2008 Funding Ratio
Connecticut* $7,428 (11.8%) $491 0%
Maine 3,334 (8.7%) 124 1.2%
Massachusetts 2,339 (4.1%) 128 1.8%
New Hampshire 2,443 (5.1%) 203 5.4%
Rhode Island 748 (1.7%) 44 0%
Vermont 2,606 (6.1%) 173 0.2%

*The figures in the 2008 Pew Report figures for Connecticut reflected a 4.50 percent pay-as-
you-go discount rate.

As with the Pension plan, the major strategies will fall into two categories, funding
and plan design and methods of addressing the size of the liabilities.

Prefunding in a Trust Fund

The only portion of the ARC that has traditionally been funded by Connecticut is the pay-as-you-
go amount for benefits received by existing retirees. The two basic components of prefunding are: (1)
establishing a trust specific to OPEB and (2) making annual contributions to the trust that would exceed


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October 28, 2010 Connecticut Post-Employment Benefits Commission

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current year costs. If these additional funds accumulate and remain in the trust for a significant
amount of time, this would result in a lower actuarial accrued liabilities (AAL) and ARCs, as
investment returns would become a significant source of benefit funding. The extent of the
impact depends upon the amount contributed to the trust each year.

If it is assumed that the $17 million related to the 3 percent contribution for employees with
less than 10 years of service (now estimated at $23 million) were to be placed in the trust, the ARC
would decrease from $1.94 billion to $1.787 billion. If the State were to contribute another $50 million
to the trust beyond the $17 million, the ARC is projected to further decrease to $1.606 billion.

1) The State should consider further increasing its contributions into the OPEB trust fund. This should
include contributing to the OPEB Trust Fund a designated portion of future budget surpluses.

2) The State and SEBAC should consider increasing the level of employee contributions
into the OPEB trust fund. Any increase in employee contributions should go towards
prefunding the trust fund and not towards current costs.

Schedule 15: OPEB Liability and ARC Breakdown 4/1/08 Valuation Preliminary Results

Details of Accrued Liability and ARC ($000s) Discount Rate= 4.50% Pay-as-you-go*
Accrued Liability Tier II, IIA, and Terminated In- Pay Status Total
(AAL) Tier I Actives Non-SERS Actives Total Active Vested (Retirees)
Member pre-65 $390,370 $2,191,145 $2,581,515 $737,155 $0 $3,318,670
Member post-65 956,216 4,451,485 5,407,701 1,223,080 0 6,630,781
Dependant pre-65 280,517 1,732,675 2,013,192 587,689 0 2,600,881
Dependant post-65 792,280 3,853,905 4,646,185 946,979 0 5,593,164
Retirees 0 0 0 0 8,423,446 8,423,446
Totals $2,419,383 $12,229,210 $14,648,593 $3,494,903 $8,423,446 $26,566,942

ARC Tier I Actives Tier II, IIA, and Terminated In-Pay Status Total
Non-SERS Actives Total Active Vested

Member pre-65 $23,073 $250,333 $273,406 $27,469 $0 $300,875
Member post-65 53,474 483,235 536,709 45,575 0 582,284
Dependant pre-65 16,921 203,525 220,446 21,899 0 242,345
Dependant post-65 44,137 423,551 467,688 35,287 0 502,975
Retirees 0 0 0 0 313,879 313,879
Totals $137,605 $1,360,644 $1,498,249 $130,230 $313,879 1,942,358

*With the 5.02% discount rate related to the original estimate for the 3.0% employee
contribution up through ten years of service, the AAL would be lowered to $24.020 billion and
the total ARC to $1.787 billion.

Increasing the Age that Retirees Begin Receiving Retiree Health Insurance

The macroeconomic issue raised in the Federal Reserve Bank Report of people living longer and
the number of years spent in retirement needs to be addressed with respect to OPEB plans as well. As
shown in Schedule 15, $493 million ($273 million Member plus $220 million Dependant) of the $1.942
billion ARC using a 4.50% discount rate, is related to projected pre-65 retiree health benefits for active
employees and their dependants. Increasing the early and normal retirement ages, along with the



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October 28, 2010 Connecticut Post-Employment Benefits Commission

Final Report


reduction per year for early retirement, on the pension side should also result in OPEB savings. The
age and years of service required for eligibility for pension and retiree health insurance could be
further decoupled, as was done recently for some employees with the institution of the Rule of 75.

3) The State and SEBAC should consider, beyond increasing the early and normal
retirement age for retirement eligibility, whether other steps, such as moving to a
Rule of 80 for all active employees, are needed to reduce the AAL and the ARC
associated with the projected pre-65 health benefits for active employees.

Modifying Provisions Related to Terminated Vested Employees

As indicated in Schedule 15, almost $3.5 billion of the AAL and approximately $130 million of
the ARC, using a 4.50 percent discount rate, is related to terminated vested employees. Terminated
vested employees have left State service with at least 10 years of service, but have not yet started
collecting retirement benefits. At the point that they do begin receiving pension payments, they will
also begin receiving full health care benefits. The Rule of 75 will help to lower the liabilities cited
above for terminated vested employees, but additional steps for consideration include:

Require that only employees going directly into retirement from state employment be
eligible for retiree health benefits;

Move to a Rule of 80 for all employees, not just with those with less than 10 years of
service as of July 1, 2009;

Reduce the portion of premium paid for each year of service below 25 years.

There are legal questions regarding changes the State can implement for this group of
former employees that may need further review.

4) The State and SEBAC should consider additional methods, such as requiring that
only employees who go directly into retirement from state employment be eligible for
retiree health benefits and moving to the Rule of 80, to reduce the AAL and the ARC
associated with terminated vested employees.

Increasing Premium Cost Sharing

As indicated in Schedule 15, $14.6 billion of the $26.6 billion in OPEB AAL relates to
projected future benefits of current employees and their dependants. Approximately 45.5
percent of this liability relates to dependant coverage. One approach used in a number of other
states to address this liability is to increase the level of premium sharing, currently minimal
under Connecticuts plans. An advantage of adding a greater level for premium sharing for
spouses and dependants is that it would increase the incentive for these individuals to consider
joining other plans that are available to them, such as through their own employer.

The options for premium sharing changes include:

Requiring retirees to pay the same premium share as active employees;


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October 28, 2010 Connecticut Post-Employment Benefits Commission

Final Report


Have dependants pay a higher premium share amount than employee members;
and Reduce the portion of the premium paid by the state for each year of service
below twenty-five years. The level of premium sharing could be different for pre and
post 65 members and/or dependants.

For states that provide access to their plan with the retiree and/or their dependants paying
some, or all, of the premium, there is still an implicit subsidy and liability associated with letting
higher cost retirees participate in the plan. This may be less of an issue in Connecticut, which sets
different rates for active employees and pre-65 retirees based on the separate experience of these
two groups. A concern with increased premium sharing is that those with lower income will
contribute a higher portion of their income than those with higher incomes.

5) The State and SEBAC should consider increasing premium sharing for retiree health
benefits, which could vary based on whether the participant is a member or dependant
and/or is pre or post-65, in order to reduce the AAL and the ARC. The premium share
could also vary based on the number of years of service, similar to pension plans.

Health Care Cost Benefit Management

As indicated previously, the level of the AAL and the ARC are sensitive to the actuarial
assumptions used in doing the valuation for OPEB plans. A one percent reduction in annual health
inflation below the assumed level is projected to lower the ARC from $1.942 billion to $1.561 billion. A
one percent increase above the trend would also have a significant impact in the other direction.
Connecticut historically has utilized plan design changes to reduce health care costs. Efforts are
underway, including the state employee health plan, to demonstrate new methods of service delivery,
such as the implementation of medical homes. The savings currently achieved by a provision in the 2009
SEBAC agreement leading to a higher percentage of employees purchasing generic drugs is an example
of cost saving efforts underway. The biggest, and most important, challenge with health care reform is
bending the cost curve.

6) The State and SEBAC should continue to work on methods, including through plan
design changes and improvements in service delivery approaches, to identify and
implement actuarially verifiable methods of reducing health care costs.
















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October 28, 2010 Connecticut Post-Employment Benefits Commission

Final Report


Conclusion

Connecticuts unfunded liabilities and funding ratios related to its post-employment
benefit plans for its employees and retirees are among the worst in the nation. These unfunded
liabilities have led to increasing annual costs which have been outpacing of the growth in total
State expenditures. These escalating costs put pressure on or squeeze out other budgetary
priorities, including investments in human and physical capital needed to maintain our
infrastructure and quality of life and to attract new businesses and jobs to the state. Lower credit
ratings and higher borrowing costs are a potential outcome if changes are not made.

Unfortunately, these liabilities and associated annual costs will only continue to get
worse if additional actions are not taken soon. While this report outlines a number of the many
causes of our current situation, it more importantly offers a series of balanced and responsible
strategies for consideration to mitigate these growing unfunded liabilities.

The strategies, frankly, call for the State, its employees and all stakeholders to continue
to participate in finding and implementing solutionsones that will involve tough choices today
in order to avoid tougher ones later on.







































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October 28, 2010 Connecticut Post-Employment Benefits Commission
Final Report
Appendices

Page
Appendix 1 Governor M. Jodi Rell, Executive Order No. 38 Establishing the State Post-
Employment Benefits Commission. A-1
Appendix 2 Summary of Plan Provisions, State Employee Retirement System (SERS).. A-2
Appendix 3 Summary of Changes Made to Pension Plans and Other Post Employment Benefit
(OPEB) Plans by States in 2010. A-8
Appendix 4 - Actuarial Projections Related to SERS by Cavanaugh-Macdonald Consulting LLC,
August 2, 2010 A-15


















































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October 28, 2010 Connecticut Post-Employment Benefits Commission

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List of Major Information Sources

1) Actuarial Valuations of the State Employees Retirement System (SERS), Teachers Retirement System (TRS) and
State Other Post-Employment Benefit (OPEB) Plans from 2000 to 2008
2) Actuarial estimates and projections related to SERS and OPEB done in the spring and summer of

2010 by the plans actuaries (Cavanaugh Macdonald-SERS; Milliman-OPEB)

3) Collective Bargaining Agreements between the State of Connecticut and the State Employee
Bargaining Agent Coalition (SEBAC)

4) State of Connecticut, Office of the State Comptroller, Comprehensive Annual Financial Reports,
Fiscal Years 1996-2009

5) State of Connecticut, General Assemblys Office of Fiscal Analysis, Budget Books, Fiscal Years

1992 -2009; May 2010 projections for fiscal years 2010-2014

6) Fiscal Year 2011 Midterm Economic Report of the Governor, State of Connecticut, Office of Policy
and Management, February 3, 2010

7) Connecticut Municipal Audits for Fiscal Year Ending June 30, 2008 submitted to the State Office of
Policy and Management

8) The Trillion Dollar Gap: Underfunded State Retirement Systems and the Roads to Reform, The

Pew Center on the States, February 2010

9) Public Fund Survey-Summary of Findings for 2008, National Association of State Retirement
Administrators, October 2009

10) Population Aging and State Pensions in New England, New England Public Policy Center,

Federal Reserve Bank of Boston, June 2010

11) Final Report of the Special Commission to Study the Massachusetts Contributory Retirement
Systems, October 7, 2009

12) State Defined Contribution and Hybrid Pension Plans, National Conference of State Legislatures, June
2010

13) Governmental Pension Contributions May Increase Due to New Guidance, Moodys Investors
Service, July 6, 2010

14) The Crisis in State and Local Government Retiree Health Benefit Plans: Myths and Realities, The
Center for State and Local Government Excellence, November 2009

15) Prefunding Other Post-Employment Benefits (OPEB) in State and Local Governments: Options and Early Evidence,
The Center for State and Local Government Excellence, September 2009
16) GASB 45 and other post-employment benefit promises: The fog is clearing, New England

Public Policy Center, Federal Reserve Bank of Boston, September 2007

17) Employer Health Benefits 2009 Annual Survey, The Kaiser Family Foundation

18) Federation of Tax Administrators, 2008 State and Local Tax Collections/Burdens

19) Pension Funding and Policy Challenges Loom for U.S. States, Standard and Poors, July 8, 2010

20) Pensions and Retirement Plan Enactments in 2010 State Legislatures, National Conference of State
Legislatures, July 19, 2010

Note: Additional sources of information are included on the Commissions web-site, located at:
http://www.ct.gov/opm/cwp/view.asp?a=2998&q=457846&opmNav_GID=1791



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UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT




Anthony McKnight Sr. DATE: January 13, 2011
Plaintiff,

v. File NO. 3:10cv1471(MRK)

STATE OF CONNECTICUT/
Department of Corrections
Department of Administrative Services
Workers Compensation Commission
Office of the Comptroller
Defendants,





MOTION FOR INJUNCTIVE RELIEF

The Plaintiff, Anthony McKnight Sr., Pro Se and pursuant to
applicable rules of Federal rules of Civil Procedure, files this an
emergency motion for injunctive relief against the defendant, State
of Connecticut and its agents as listed in the complaint/amended
complaint.

The defendant(s) willful and flagrant violations of plaintiffs
rights under Federal Disability Act, Civil Rights laws, State Civil,
and Criminal laws should entitle the plaintiff to immediate relief.
The repeated actions/inactions of the defendant continues to
damage to plaintiff and plaintiffs family. Currently, defendant has
threatened and harassed plaintiff with incarceration, and other
implied threats and attempts to further defraud plaintiff of workers
compensation benefits.
(1) State o Connecticut Department of Social Services Bureau
of Child Support Enforcement Letter.
This letter was issued by Social Services however Connecticut
General Statutes 5-142(a) and 2- 257(a) specifically require the
State of Connecticut to perform this function. The failure to
perform this task by Dianne Pierpont does not shift the burden to
the plaintiff nor should it require the incarceration of the plaintiff.

(2) State of Connecticut Department of Social Services,
November 23, 2010 Redetermination Appointment (food
stamps).

This letter was issued by Social Services requiring the
attendance of the plaintiff in contrast to specific requests by the
plaintiff for mail-in determinations
(a) Requiring the plaintiff to assign monies to the state.
(b) Requiring the plaintiffs Acceptance of substandard
medical care.
(c) Requiring plaintiff to trade off 5-142(a), 5-169(i), and 5-
257(a) entitlement benefits for a lesser social services
discretionary benefit.
These actions by the agents of the state of Connecticut also violate
fraud statutes.
The defendant, State of Connecticut, through its agents
terminating official Dianne Pierpont, now of The Department
Social Services (formerly of Department of Corrections, the
personnel officer primarily responsible for the mis-management of
plaintiffs personnel file) and Michael Cicchetti (formerly Deputy
to the Secretary, Brenda L. Sisco of Office Policy Management,
primarily responsible for mis-management of plaintiffs workers
compensation file) now of the State Department of Social Services
are distributing mail which contain plaintiffs personal information
protected under the Privacy Act to unknown individuals not to
include known address which is not the residence of the plaintiff.

Wherefore, the plaintiff in this complaint request from this
Honorable Court the relief set forth in this motion.


Certification

Respectfully submitted this 13
th
day of January, 2011

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT



Anthony McKnight Sr. DATE: January 25, 2011
Plaintiff,

v.
File NO:
Urban Outfitters, Inc.
Nike, Inc., Drexel University
Urbn Media, Muz Wear-
Urbn Grmnts Urbn Yoga,
Urbn Hotel,Urbn Pizza ,
Manhattan College. Urbn Culture
Urbn Essence
Defendants

COMPLAINT

Anthony McKnight created the theory of URBN
in 2002 and has the exclusive right to the copyright,
brand and trade. The defendants have violated the
rights of plaintiff as set forth in The Copyright Act of
1790 as amended, and the First Amendment of the
Constitution of the United States of America.

(1). As defined Urbn, Urbn, URBN, URBN does
not mean Urban, or URBAN.

(2). The term or theory of Urbn was created in New
Haven, Connecticut in 2002 (Appendix A).


(3). Urbn was first copyright and traded by Anthony
McKnight (Appendix B, Items one and two).

(4). Urban Outfitters in 2008/2009 infringed upon the
exclusive copyright of Anthony McKnight as
provided by Federal Law (Appendix C).

(5). Urban Outfitters is in violation of the Plaintiffs
right to Freedom of Religion as provided in the First
Amendment of the United States Constitution.

(6). Plaintiff in 2002 began creating a vocabulary for
Urbn of which the first word was (a.) Urbn, and
defined by its creator Anthony McKnight, word two
(b). Awtuhm, and word three (c) Duv (Appendix B)

(7). The defendants in this petition cannot define the
meaning of the brand, trade or copyright they have
infringed upon.

(8). The defendant, Urban Outfitters was given notice
to cease and desist in the violation of the Urbn brand
copyright (Appendix D)..

(9). Urban Outfitters in 2010 negotiated/sold the
rights to unlawfully reproduce the URBN brand lable
to Nike of North America (Appendix E).

(10). Neither Urban Outfitters or Nike have an
agreement with the plaintiff to reproduce the brand
name Urbn.

(11). The Urbn brand/trade/copyright was first
distributed to the public in 2003 in Wilmington,
Delaware.

(12). The Plaintiff in this claim from contends that
from 2003 until 2009, consecutively, he has marketed
the brand/trade/copyright in the following cities to
the African American Communities while homeless :
Beaumont, Philadelphia, District of Columbia,
Baltimore, Boston, Cleveland, Cincinnati,
Indianapolis, Memphis, Chattanooga,
Hattiesburg, Mobile, Shreveport, New Orleans,
Atlanta, Dallas, Houston, Fort Worth, Killeen-
Fort Hood, Waterloo, Oklahoma City, Phoenix,
New Mexico, Los Angeles, San Francisco,
Portland, Seattle, Idaho, Denver, Minneapolis-St.
Paul, Milwaukee, Chicago, Detroit, New York
(nyc), Buffalo, Rochester, Raleigh, Louisville,
Columbia, S.C. etc.., and countries such as
Kuwait, Paris, London, Japan, Jamaica,
Afghanistan, Iraq, among other places. This was
done prior to the infringement by both Urban
Outfitters and NIKE, and other defendants named in
the complaint. .

(13). Urban Outfitters willfully and with forethought
along with Nike, unlawfully sold and sells the Urbn
brand and copyright without the permission of
Anthony McKnight.


WHEREFORE, the plaintiff in this matter petitions
this court for:

(1). An Order for Injunctive Relief from Urban
Outfitters, Nike and other named defendants against
any further reproductions and/or infringements upon
the name URBN, Urbn, Urbn, URBN.

(2). An Order requiring the defendants to produce
complete accountings of all monies derived from the
unlawful infringement of the copyright, brand name
Urbn.


By_____________: ____
Anthony McKnight
P. O. Box 304
West Haven, Connecticut 06516


CERTIFICATION

This is to certify that a copy of the foregoing complaint has been sent
via U.S. Mail, To: Urban Outfitters, Corporate Headquarters at Urban
Outfitters, Inc. 5000 South Broad St Philadelphia, PA 19112-1495. To:
NIKE Inc, World Headquarters, Attn: Legal Department, One
Bowerman Drive, Beaverton, Oregon 97005. To: URBN Coal Fired
Pizza, 203 Main Street. Vista. California 92084, To: URBN Coal Fired
Pizza / Bar 3085 University Avenue. San Diego. California 92104, To:
URBN Hotels URBN Shanghai Address: 183 jiaozhou lu, shanghai
china 200040. To: (URBN)YOGA 3624 Market St, Suite 5E,
Philadelphia, PA 19104. To: Urbn Media group, 6200 Tarnef Drive,
Houston, TX 77074. To: Muz Wear, Urbn Grmnts, 12058 Centralia St.
Hawaiian Garden, CA 90630. Urbn Travel, PO Box 37650, Dubai, UAE
Urbn Culture627 H St, Chula Vista, CA 91910, Manhattan College
Urban Affairs (URBN)Dr. Cory Blad Director of the Program
Manhattan College Manhattan College Parkway Riverdale, NY 10471,
Drexel UniversityUniversity City Main Campus
3141 Chestnut Street, Philadelphia PA 19104. Urbn Essense PO Box
77694 Washington, DC 20013 -8694



All written work, artwork, thoughts, ideas expressed All written work, artwork, thoughts, ideas expressed All written work, artwork, thoughts, ideas expressed
herein on herein on herein on
URBNANTHONY.com are the sole property of URBN, URBNANTHONY.com are the sole property of URBN, URBNANTHONY.com are the sole property of URBN,
URBN Books, and URBNANTHONY.com and are sub- URBN Books, and URBNANTHONY.com and are sub- URBN Books, and URBNANTHONY.com and are sub-
ject to Copyright Laws and may not be reproduced with- ject to Copyright Laws and may not be reproduced with- ject to Copyright Laws and may not be reproduced with-
out the expressed written consent of the Owner. out the expressed written consent of the Owner. out the expressed written consent of the Owner.

To: Maura Murphy-Osborne, Assistant Attorney General

From: Anthony McKnight Sr.

Re: 3:10cv1471(MRK)

Date: July 14, 2011


Mrs Murphy-Osborne,

I am requesting an opportunity to review the WC file 30008112 to verify some content.

The Helen Kemp letters are relevant to the benefits her office gave to white people subsequent
my application. This was included in the past correspondence.

Also included in this memorandum is information that may be helpful to you.

I took the liberty to bold or italic the material relating to the complaint.

Reed v Reed404 U.S. 71, 92 S.Ct. 251, 253 (1971): EP clause denies "to states the power to
legislate that different treatment be accorded persons placed by a statute into different classes on
the basis of criteria wholly unrelated to the objective of the statute. A classification must be
reasonable, not arbitrary, and must rest upon some ground of difference having a fair and
substantial relation to the object of the legislation."

Whitworth v. Bynum, 699 S.W.2d 194, 197 (Tex. 1985): Texas guest statute violated EP.
"Even when the purpose of a statute is legitimate, equal protection analysis still requires a
determination that the classifications drawn by the statute are rationally related to the
statute's purpose [cite omitted]. Under the rational basis test of Sullivan, similarly
situated individuals must be treated equally under the statutory classification unless
there is a rational basis for not doing so. Although Bynum has argued that an
overinclusive statute cannot be struck down under a rational relationship test,
overinclusiveness was a determinative factor in Sullivan."

{The similarly situated representation made by Linda Fowler in the
Commissioner Miles Decision relates to Negroes. Notice: The first report of
injury where all Negroes were similarly terminated from employment without the
benefits accorded white injured corrections officers associated with 5-142(a).
Notice also legal counsel representing the injured Negroes}

The Equal Protection Clause of the 14th amendment of the U.S. Constitution prohibits states
from denying any person within its jurisdiction the equal protection of the laws. SeeU.S. Const.
amend. XIV. In other words, the laws of a state must treat an individual in the same manner as
others in similar conditions and circumstances {Cozzolino}. A violation would occur, for
example, if a state prohibited an individual from entering into an employment contract because
he or she was a member of a particular race. The equal protection clause is not intended to
provide "equality" among individuals or classes but only "equal application" of the laws.
The result, therefore, of a law is not relevant so long as there is no discrimination in its
application. By denying states the ability to discriminate, the equal protection clause of the
Constitution is crucial to the protection of civil rights. SeeCivil Rights.
Generally, the question of whether the equal protection clause has been violated arises when a
state grants a particular class of individuals the right to engage in an activity
yet denies other individuals the same right. There is no clear rule for deciding when a
classification is unconstitutional. The Supreme Court has dictated the application of different
tests depending on the type of classification and its effect on fundamental rights. Traditionally,
the Court finds a state classification constitutional if it has "a rational basis" to a
"legitimate state purpose." The Supreme Court, however, has applied more stringent
analysis in certain cases. It will "strictly scrutinize" a distinction when it embodies a "suspect
classification." In order for a classification to be subject to strict scrutiny, it must be shown that
the state law or its administration is meant to discriminate. Usually, if a purpose to discriminate
is found the classification will be strictly scrutinized if it is based on race, national origin, or, in
some situations, non U.S. citizenship (the suspect classes).In order for a classification to
be found permissible under this test it must be proven, by the state, that there
is a compelling interest to the law and that the classification is necessary to
further that interest. The Court will also apply a strict scrutiny test if the classification
interferes with fundamental rights such as first amendment rights, the right to privacy, or the
right to travel. The Supreme Court also requires states to show more than a rational basis (though
it does not apply the strictly scrutiny test) for classifications based on gender or a child's status as
illegitimate.
The 14th amendment is not by its terms applicable to the federal government. Actions by the
federal government, however, that classify individuals in a discriminatory manner will, under
similar circumstances, violate the due process of the fifth amendment. SeeU.S. Const. amend. V.


{Please see plaintiffs oral argument WC Delaney May 5, 2010}
1981. Equal rights under the law

(a) Statement of equal rights. All persons within the jurisdiction of the United States shall have
the same right in every State and Territory to make and enforce contracts, to sue, be parties, give
evidence, and to the full and equal benefit of all laws and proceedings for the security of persons
and property as is enjoyed by white citizens, and shall be subject to like punishment,
pains, penalties, taxes, licenses, and exactions of every kind, and to no other.
(b) Make and enforce contracts defined
For purposes of this section, the term make and enforce contracts includes the making,
performance, modification, and termination of contracts, and the enjoyment of all benefits,
privileges, terms, and conditions of the contractual relationship.
(c) Protection against impairment
The rights protected by this section are protected against impairment by nongovernmental
discrimination and impairment under color of State law.
.

1443. Civil rights cases

Any of the following civil actions or criminal prosecutions, commenced in a
State court may be removed by the defendant to the district court of the
United States for the district and division embracing the place wherein it is
pending:
(1) Against any person who is denied or cannot enforce in the courts of such
State a right under any law providing for the equal civil rights of citizens of
the United States, or of all persons within the jurisdiction thereof;
(2) For any act under color of authority derived from any law providing for
equal rights, or for refusing to do any act on the ground that it would be
inconsistent with such law.

We have said the prohibitions of the Fourteenth Amendment are addressed to the States. They
are, 'No State shall make or enforce a law which shall abridge the privileges or
immunities of citizens of the United States, . . . nor deny to any person within
its jurisdiction the equal protection of the laws.' They have reference to actions of the
political body denominated a State, by whatever instruments or in whatever [100 U.S. 339, 347]
modes that action may be taken. A State acts by its legislative, its executive, or its judicial
authorities. It can act in no other way. The constitutional provision, therefore, must mean that no
agency of the State, or of the officers or agents by whom its powers are exerted, shall deny to
any person within its jurisdiction the equal protection of the laws. Whoever, by virtue of
public position under a State government, deprives another of property, life,
or liberty, without due process of law, or denies or takes away the equal
protection of the laws, violates the constitutional inhibition; and as he acts in
the name and for the State, and is clothed with the State's power, his act is
that of the State. This must be so, or the constitutional prohibition has no
meaning. Then the State has clothed one of its agents with power to annul or
to evade it. {Third party administrator Insurance company, DAS etc.} When a
State clothes a private party with official authority, he may not engage in conduct forbidden
the State


SECTION 1. RIGHTS GUARANTEED: EQUAL PROTECTION OF THE LAWS
Scope and Application
State Action .--''[T]he action inhibited by the first section of the Fourteenth Amendment is only
such action as may fairly be said to be that of the States. That Amendment erects no shield
against merely private conduct, however discriminatory or wrongful.'' 1 The Amendment by its
express terms provides that ''[n]o State . . .'' and ''nor shall any State . . .'' engage in the
proscribed conduct. ''It is State action of a particular character that is prohibited. Individual
invasion of individual rights is not the subject matter of the amendment. It has a deeper and
broader scope. It nullifies and makes void all State legislation, and State action of every
kind, which impairs the privileges and immunities of citizens of the United States, or which
injures them in life, liberty, or property without due process of law, or which denies to any
of them the equal protection of the laws.'' While the state action doctrine is equally applicable
to denials of privileges or immunities, due process, and equal protection, it is actually only with
the last great right of the Fourteenth Amendment that the doctrine is invariably associated.
''The vital requirement is State responsibility,'' Justice Frankfurter once wrote, ''that somewhere,
somehow, to some extent, there be an infusion of conduct by officials, panoplied with State
power, into any scheme'' to deny protected rights.Certainly, state legislation commanding a
discriminatory result is state action condemned by the first section of the Fourteenth
Amendment, and is void.But the difficulty for the Court has begun when the
conduct complained of is not so clearly the action of a State but is, perhaps,
the action of a minor state official not authorized or perhaps forbidden by
state law so to act, or is, perhaps on the other hand, the action of a private
party who nonetheless has some relationship with governmental authority.
The continuum of state action ranges from obvious legislated denial of equal protection to
private action that is no longer so significantly related to or brigaded with state action that the
Amendment applies. The prohibitions of the Amendment ''have reference to actions of the
political body denominated by a State, by whatever instruments or in whatever modes that action
may be taken. A State acts by its legislative, its executive, or its judicial authorities. It can
act in no other way. The constitutional provision, therefore, must mean that no
agency of the State, or of the officers or agents by whom its powers are
exerted, shall deny to any person within its jurisdiction the equal protection of
the laws. Whoever, by virtue of public position under a State government,
deprives another of property, life, or liberty, without due process of law, or
denies or takes away the equal protection of the laws, violates the
constitutional inhibition; and as he acts in the name and for the State, and is
clothed with the State's power, his act is that of the State.''

See, e.g., Ross v. Moffitt, 417 U. S. 600, 609 (1974) ( Equal Protection emphasizes
disparity in treatment by a State between classes of individuals whose situations are
arguably indistinguishable);


Olech, 528 U. S., at 564

Jurisdictional and Immunity claims.
The Fourteenth Amendment provides, in relevant part:
Section 1. No State shall make or enforce any law which shall abridge the privileges or
immunities of citizens of the United States; nor shall any State deprive any person of life, liberty,
or property, without due process of law; nor deny to any person within its jurisdiction the equal
protection of the laws.
. . . . .
Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions
of this article.


A fiduciary duty is a legal or ethical relationship of confidence or trust regarding the
management of money or property between two or more parties, most commonly a fiduciary and
a principal. One party, for example a corporate trust company or the trust department of a bank,
holds a fiduciary relation or acts in a fiduciary capacity to another, such as one whose funds are
entrusted to it for investment. In a fiduciary relation one person, in a position of vulnerability,
justifiably reposes confidence, good faith, reliance and trust in another whose aid, advice or
protection is sought in some matter. In such a relation good conscience requires one to act at all
times for the sole benefit and interests of another, with loyalty to those interests.

A fiduciary is someone who has undertaken to act for and on behalf of another in a
particular matter in circumstances which give rise to a relationship of trust and
confidence. {5-142(a)benefits}


Toni Harp/Toni Walker Appropriations Committee

A fiduciary duty[1] is the highest standard of care at either equity or law. A fiduciary is expected
to be extremely loyal to the person to whom he owes the duty (the "principal"): he must not put
his personal interests before the duty, and must not profit from his position as a fiduciary, unless
the principal consents.{Plaintiff did not retire}
In Englishcommon law the fiduciary relation is arguably the most important concept within the
portion of the legal system known as equity.

When a fiduciary duty is imposed, equity requires a stricter standard of behavior than the
comparable tortiousduty of care at common law.

It is said the fiduciary has a duty not to be in a situation where personal interests and fiduciary
duty conflict, a duty not to be in a situation where his fiduciary duty conflicts with another
fiduciary duty, and a duty not to profit from his fiduciary position without express
knowledge and consent.

A fiduciary cannot have a conflict of interest. It has been said that fiduciaries must conduct
themselves "at a level higher than that trodden by the crowd" and that "[t]he distinguishing or
overriding duty of a fiduciary is the obligation of undivided loyalty."
The loyalty in 5-142(a) claims must be to the law and not the administration.

Plaintiffs retirement contributions remain intact.
Retirement is the point where a person stops employment completely.


The most common circumstance where a fiduciary duty will arise is between a trustee, whether
real or juristic, and a beneficiary.

The trustee to whom property is legally committed is the legali.e., common lawowner of
all such property. The beneficiary, at law, has no legal title to the trust; however, the trustee is
bound by equity to suppress his own interests and administer the property only for the benefit
of the beneficiary. In this way, the beneficiary obtains the use of property without being its
technical owner.

In SEC v. Chenery Corporation 318 U.S. 80 (1943), Frankfurter J said,
To say that a man is a fiduciary only begins the analysis; it gives direction to further
inquiry. To whom is he a fiduciary? What obligations does he owe as a fiduciary? In what
respect has he failed to discharge these obligations? And what are the consequences of his
deviation from his duty?



Generally, the employment relationship is not regarded as fiduciary,
but may be so if "within a particular contractual relationship there
are specific contractual obligations which the employee has
undertaken which have placed him in a situation where equity
imposes these rigorous duties in addition to the contractual
obligations

Mis-Appropriations committed by Senators Harp and former
senator Lawlor. Suzio ..fraud

Accountability
A fiduciary will be liable to account if proven to have acquired a profit, benefit or gain
from the relationship by one of three means:
In circumstances of conflict of duty and interest
In circumstances of conflict of duty to one person and duty to another person
By taking advantage of the fiduciary position.

Therefore, it is said the fiduciary has a duty not to be in a situation where personal
interests and fiduciary duty conflict, a duty not to be in a situation where his fiduciary duty
conflicts with another fiduciary duty, and not to profit from his fiduciary
position without express knowledge and consent. A fiduciary cannot
have a conflict of interest.

Conflict of duties{Attorney General Office Represents both the State and
complaints against the state at the same issue at law}.

A fiduciary's duty must not conflict with another fiduciary duty.Stewart v Layton (1992) 111
ALR 687 Conflicts between one fiduciary duty and another fiduciary duty arise most often when
a lawyer or an agent, such as a real estate agent, represent more than one client, and the interests
of those clients conflict. This would occur when a lawyer attempts to represent both the plaintiff
and the defendant in the same matter, for example. The rule comes from the logical conclusion
that a fiduciary cannot make the principal's interests a top priority if he has two principals and
their interests are diametrically opposed; he must balance the interests, which is not acceptable to
equity. Therefore, the conflict of duty and duty rule is really an extension of the conflict of
interest and duty rules.

No-profit rule

A fiduciary must not profit from the fiduciary position. This includes any benefits or profits
which, although unrelated to the fiduciary position, came about because of an opportunity that
the fiduciary position afforded. It is unnecessary that the principal would have been unable to
make the profit; if the fiduciary makes a profit, by virtue of his role as fiduciary for the principal,
then the fiduciary must report the profit to the principal. If the principal consents then the
fiduciary may keep the benefit. If this requirement is not met then the property is deemed by the
court to be held by the fiduciary on constructive trust for the principal.

Secret commissions, or bribes, also come under the no profit rule. The bribe shall be held in
constructive trust for the principal. The person who made the bribe cannot recover it, since he
has committed a crime. Similarly, the fiduciary, who received the bribe, has committed a crime.
Fiduciary duties are an aspect of equity and, in accordance with the equitable principles, or
maxims, equity serves those with clean hands.

Breaches of duty and remedies

Conduct by a fiduciary may be deemed constructive fraud when it is based on
acts, omissions or concealments considered fraudulent and that gives one an
advantage against the other because such conductthough not actually
fraudulent, dishonest or deceitfuldemands redress for reasons of public
policy.

Where a principal can establish both a fiduciary duty and a breach of that duty, through violation
of the above rules, the court will find that the benefit gained by the fiduciary should be returned
to the principal because it would be unconscionable to allow the fiduciary to retain the benefit by
employing his strict common law legal rights. This will be the case, unless the fiduciary can
show there was full disclosure of the conflict of interest or profit and that the
principal fully accepted and freely consented to the fiduciary's course of
action.

Remedies will differ according to the type of damage or benefit. They are usually distinguished
between proprietary remedies, dealing with property, and personal remedies, dealing with
pecuniary (monetary) compensation

what is meant by a constructive trust is that the court has created and imposed a duty on the
fiduciary to hold the money in safekeeping until it can be rightfully transferred to the principal.

Compensatory damages
Compensatory damages are also available. Accounts of profits can be hard remedies to establish,
therefore, a plaintiff will often seek compensation (damages) instead.

Courts of equity initially had no power to award compensatory damages, which traditionally
were a remedy at common law, but legislation and case law has changed the situation so
compensatory damages may now be awarded for a purely equitable action.






Assistant Attorney General Murphy-Osborne,
I have recently come across these highlighted materials. It may give you a
better or clearer understanding as to what and why things transpired the way
they did. As you may notice the very same individuals responsible for your
appointment to this case are the very same individuals responsible for the
appointment of individuals offices you are representing (DOC, DAS, etc.,).
Unfortunately, their agenda is to discriminate and violate the rights of others
to promote their political and religious interests.
As you may notice the reference to SB 1098 would have giving Mr. Lawlor
and McDonald control over the appointments of members to the
organization, subsequently allowing for gay unions in the church ordained
by the Catholic church. This, in conjunction with the same sex bills.
In the second highlighted materials, you may better understand the conflict
of interest and the inability of the state to properly investigate my claims of
fraud and discrimination extending back to McKnight v. State of
Connecticut (1995).

As noted in the Senate Debate between Senators Suzio and Harp during
their budget debate June 1, 2011-at hour five, thru hour five and thirty
minutes : no committee determined that there was any fraud.
As member of the Judiciary committee and responsible for oversight of the
Workers Compensation Commission which was used to re and
misappropriate funds. This was done through subversion.
As I reported and filed these violations in 1995(Also the state ethics and
judiciary administration), this judiciary committee along with members of
States Attorney John Bailey created a task force in 1995 to discredit me,
harassed and threatened the lives of my children, and hence, the Nigger
statement from members of the Attorney Generals Office after failed
settlement meetings.
The committee responsible for this determination were the very same
Judiciary committee co-chairs, Michael Lawlor and later Andrew
McDonald, that were committing the fraud and discrimination. {You can get
a better understanding from the Workers Comp. File 300008112}.
[In March 2009 McDonald and Judiciary committee co-chair Mike
Lawlor proposed a bill (sb 1098) to regulate the management of Roman
Catholic parishes in Connecticut. The bill, by allowing parishioners to
create a lay board to govern a parish, in which board all control over
fiscal and administrative matters would be vested, effectively removes the
Parish Priest and Bishop from their traditional positions of power. The bill
is specific to the Catholic Church and, as such, is viewed some as anti-
Catholic and retaliation for Catholic opposition to same-sex marriage
legislation. The public hearing on this bill was cancelled when, according
to Capital Police, 1,000 supporters entered the Capital to protest. Another
4,200 were present outside the building. [2] Opponents charged the bill
would violate the separation of church and state clause in the First
Amendment, It would also violate the "Supremacy clause," and the
Fourteenth Amendment barring discriminatory legislation . ]
McDonald is gay. His campaigns have won the backing of the Gay &
Lesbian Victory Fund .
Attorney General, McDonald, Lawlor Ask State Supreme Court
To Overturn Decision Protecting Chief Justice From Testifying
September 5, 2006
Attorney General Richard Blumenthal, State Sen. Andrew
McDonald, D-Stamford, and State Rep. Michael Lawlor, D-East
Haven, today asked the State Supreme Court to immediately
overturn the trial court's decision protecting Chief Justice
William J. Sullivan from being forced to testify before the
legislature's judiciary committee.
In the legal papers, Blumenthal - representing McDonald and
Lawlor - he said Sullivan's delay in releasing a decision of the
Supreme Court for the sole purpose of aiding the appointment
of the court's next chief justice intruded into the legislature's
constitutional power to appoint the chief justice.
A legislative investigation of the alleged intrusion is vital to
ensure that future appointments are not subject to similar
subversion, Blumenthal, McDonald and Lawlor said.
I have sent the Legal Department within the Department of Social Services a fax copy of
the same material I forwarded to you yesterday.
Can you please along with Mr. McDonald of the Governors Office inform these people
at Social Services of your involvement in handling this matter(s). If you are not trying to
resolve this matter legitimately, then this must be another extension of the fraud being
committed against me the past 18 plus years.
I have included the most recent correspondence from the State of Connecticut regarding
my Food Stamp determination.
Please note: I do not want to sign anything other than my retirement and settlement
papers. I am not interested in attending any hearing to sign over future payments for food
stamp benefits or whatever the document sent from social services means. Food Stamps
are an entitlement and if I am entitled to them I want them, if I am not, then I do not.

Please be aware that the State was able to transfer funds from a University of New
Haven paycheck for child support. Therefore, it only reasons that the State can very well
perform the administrative task of calculating and deducting, and adjusting my benefits
due under the various laws mentioned in the instant federal complaint.
I sincerely do hope that you read Chancellor Williams: The Destruction of the Black
Civilization, and Niccolo Machiavelli{all of them}.
Democracy fails to Anarchy, as people like Lawlor, McDonald, Harp, Walker, and others
purposely mis-govern. Their tyranny against the people comes through the subversion
and perversion of the laws.
Remember, only those that honor the laws are honorable people. That means the
remainder are uncivil, tyrants, savages, infidels. So, it appears there must be a
continuance of the wrestling against this evil and wickedness in the principalities and
high places.
I only pray and give testimony in prayer to God that the State of Connecticut government
and its people are corrupted and not only defile the law of nature, and the laws as handed
down through Moses, but most horribly they do not honor their own law.
I only await the decision of the Federal Government represented by the United States
District Court.

Administration of Barack H. Obama, 2009
Proclamation 8366National Equal Pay Day, 2009
April 28, 2009
By the President of the United States of America
A Proclamation
Harriet Beecher Stowe helped galvanize the abolitionist movement with her
groundbreaking literature. Frances Perkins advised President Franklin Delano Roosevelt and
led the Department of Labor during one of its most challenging periods in history. Barbara
McClintock helped unlock the mysteries of genetics and earned a Nobel Prize. These and
countless other women have broken barriers and changed the course of our history, allowing
women and men who followed them the opportunity to reach greater heights.
Despite these achievements, 46 years since the passage of the Equal Pay Act and 233
years since our Nation was established with the principle of equal justice under law, women
across America continue to experience discrimination in the form of pay inequity every day.
Women in the United States earn only 78 cents for every dollar a man earns, and today marks
the inauspicious occasion when a woman's earnings finally catch up with a man's from the
previous year. On National Equal Pay Day, we underscore the importance of this issue to all
Americans.
If we wish to honor our Nation's highest ideals, we must end wage discrimination. The
Founders established a timeless framework of rights for the American people. Generation after
generation has worked and sacrificed so that this framework might be applied equally to all
Americans. To honor these Americans and stay true to our founding ideals, we must carry
forward this tradition and breathe life into these principles by supporting equal pay for men
and women.
Wage discrimination has a tangible and negative impact on women and families. When
women receive less than their deserved compensation, they take home less for themselves and
their loved ones. Utilities and groceries are more difficult to afford. Mortgages and rent bills
are harder to pay. Children's higher education is less financially feasible. In later years of life,
the retirement that many women have worked so hard forand have earnedis not possible.
This problem is particularly dire for women who are single and the sole supporters of their
families. Women should not and need not endure these consequences.
My Administration is working to advance pay equity in the United States. The first bill I
signed into law as President, the Lilly Ledbetter Fair Pay Act of 2009, allows more women to
challenge pay discrimination by extending the timeline within which complaints can be filed.
This law advances the struggle for equal pay, but it is only an initial step. To continue this
progress, I issued an Executive Order establishing the White House Council on Women and
Girls. This high-level body, composed of Cabinet members and heads of sub-Cabinet agencies,
is charged with advancing the rights and needs of women, including equal pay.
Still, Government can only advance this issue so far. The collective action of businesses,
community organizations, and individuals is necessary to ensure that every woman receives just
treatment and compensation. We Americans must come together to ensure equal pay for both
women and men by reminding ourselves of the basic principles that underlie our Nation's
1
strength and unity, understanding the unnecessary sacrifices that pay inequity causes, and
recalling the countless women leaders who have proven what women can achieve.
Now, Therefore, I, Barack Obama, President of the United States of America, by virtue of
the authority vested in me by the Constitution and the laws of the United States, do hereby
proclaim April 28, 2009, as National Equal Pay Day. I call upon American men and women,
and all employers, to acknowledge the injustice of wage discrimination and to commit
themselves to equal pay for equal work.
In Witness Whereof, I have hereunto set my hand this twenty-eighth day of April, in the
year of our Lord two thousand nine, and of the Independence of the United States of America
the two hundred and thirty-third.
BARACK OBAMA
[Filed with the Office of the Federal Register, 11:15 a.m., April 30, 2009]
NOTE: This proclamation was published in the Federal Register on May 1.
Categories: Proclamations : National Equal Pay Day.
Subjects: Equal Pay Day, National.
DCPD Number: DCPD200900300.
2
REVISED SEBAC 2011 AGREEMENT
-between-
STATE OF CONNECTICUT
-and-
STATE EMPLOYEES BARGAINING AGENT COALITION (SEBAC)
In order to assist in resolving the financial issues currently facing the State of Connecticut while
preserving public services, the State of Connecticut and the State Employees Bargaining Agent
Coalition agree to the following provisions. This agreement shall amend and supersede the
previous SEBAC 2011 Agreement..
I. SAVINGS AND TRANSFORMATION
The parties have explored and will continue to explore and, where appropriate, implement
strategies to:
a. Harness the creativity and experience of front-line bargaining and non-bargaining
unit state employees to improve the efficiency and effectiveness of state
government;
b. Streamline and flatten organizational structures to concentrate on service delivery;
c. Examine and redress barriers to the most efficient use of in-house resources to
address agency and cross-agency needs;
d. Discourage the use of outside contractors and consultants when internal capacity
exists or can reasonably be developed; and
e. Make best efforts to ensure that vendors and service providers doing business with
the state do so at reasonable rates of return and under terms that reflects the
shared sacrifice being asked from all sectors of Connecticut society.
As part of this process, the following steps will be taken:
a. Establish a Joint Labor Management Information Technology Committee as soon as
possible that will consider, among other things, utilizing new technologies and
reducing licensing procurement and consulting costs. This Committee shall be
headed by the Chief Information Officer of the State.
b. Establish a Joint Labor Management Committee, no later than September 1, 2011,
which will begin to explore the issues, outlined in subparagraphs (a) - (d) above,
except issues that impact on matters of collective bargaining.
c. The Governor will issue an Executive Order or similar appropriate directive to state
agencies that will implement subparagraph (e) above, no later than June 1, 2011.
H. MODIFICATIONS TO THE CURRENT SEBAC PENSION AND HEALTH CARE
AGREEMENT
Reaffirmation of the Independence of the Plans. The parties reaffirm that the State
Employee Pension and Health Care plans are set forth in contract, and are intended to
and shall remain independent of any other pension or health care plans that may or may
not be created by state government. Neither the legislature nor the governor shall
have the ability to include the state employees' health care plan in Sustinet or any other
program.
A. Health Care Preservation and Enhancement of Current Plans and Joint Efforts.
Except as specifically referenced herein, all the provisions of 1997-2017 Pension and
Health Care Agreement, as amended, shall apply. None of the benefit levels, access
requirements, including doctors and hospitals or basic plan structures are modified by
this agreement. Any impact on current retirees shall be based on their voluntary
participation except as specifically provided herein. There shall be no increase in costs
affecting current retirees as a result of this agreement. Changes affecting future
retirees shall be effective October 2, 2011. There is no change in current plans except as
specifically noted otherwise below.
There shall be no additional costs to employees from choosing the health enhancement
program, but there will be increased premium shares and a deductible for those who
decline to enroll in, or fail to comply with (after appropriate notice), the health
enhancement program. As is currently the case under the State Health Plan, any
medical decisions will continue to be made by the patient and his or her physician.
1. The parties shall:
a. Institute a $35.00 Emergency Room Copayment when there is a reasonable
medical alternative and the individual is not admitted to the hospital;
b. Require both medical vendors (currently Anthem and Oxford/United) to
implement existing plan rules consistently.
c. Maximize the opportunity for members to choose to use patient-centered
medical homes;
d. Provide appropriate medical follow-up to minimize hospital readmissions post-
surgery and/or other initial hospital stay;
e. Provide for purely voluntary participation in Obesity reduction and Tobacco
cessation programs;
f. Make the current pharmacy mail in program for maintenance medications:
Mandatory after the first prescription for a new medication for active
employees and current retirees under the age of 65, and after October 2,
2011 for new retirees. Each copayment for active employees and new
retirees after October 2, 2011 is one for each ninety (90) day supply.
i.
Voluntary for current retirees age 65 or over. Once such individuals opt
in at any open enrollment, continuing participation is mandatory. There
shall be no copayments for current retirees who begin participating in
the Pharmacy Mail in program;
Participants may at their option choose to receive their mandatory mail
order at any local pharmacy that wishes to participate in the
maintenance drug network.
g. Implement the following Pharmacy copayments for actives and new retirees
after October 2, 2011: $5/10/25 (generic/preferred brand/other brand) for
maintenance drugs (except for the lower copayment for listed diseases under
the health enhancement plan set forth in 2c) and $5/20/35 for non-maintenance
drugs.
2. Health Enhancement Program
This voluntary enhancement program shall be made available to all state employees and
retirees (including all enrolled dependents) during each open enrollment as part of all of the
Point of Enrollment and Point of Service plans currently available. All benefits and
requirements will be the same as currently available to state employees, retirees (including all
enrolled dependents) except as specifically written below. It shall include a written
commitment (Attachment Bl ) to the requirements of the program in order to be admitted
and remain admitted to the program, including agreed upon health assessments and screenings
designed to provide early diagnosis and appropriate information to patients so that they and
their doctors can choose the best treatment of any illness; This program is designed to
enhance the ability of patients with their doctors to make the most informed decisions about
staying healthy, and, if ill, to treat their illness. As is currently the case under the State Health
Plan, any medical decisions will continue to be made by the patient and his or her physician.
See Attachment B 3
a. Cost: There shall be no additional costs to employees for choosing the
Health Enhancement Program. The premium share for employees and
retirees shall be as determined by the existing Pension and Health Care
Agreement.
b. Copayments shall be waived (Diabetes) or reduced ($0/5/12.50) for drugs
prescribed for the following chronic conditions:
i. Diabetes, both Type 1 and 2
ii. Asthma and COPD
iii. Heart failure/heart disease
iv. Hyperlipidemia
v. Hypertension
c. Office visit copayments shall be waived for treatment and monitoring of the
conditions in subparagraph 2b above;
in.
d. Participants in the Health Enhancement program will be expected to
participate in the disease counseling and education programs outlined in
Attachment B 3.
e. Participants will also be expected to adhere to the medically approved
schedule for screenings and wellness visits with waiver or rebate of
copayments for such services as set forth in Attachment B2.
f. Participants who are covered by the plans dental program shall be required
to get two free dental cleaning per year.
g. Participants who choose not to adhere to the requirements of the Health
Enhancement program will be given appropriate notice and opportunity to
improve. The financial incentives for participation in the health
enhancement program shall be removed from members who themselves or
whose covered dependents fail to comply with the requirements of the
program. They may return to the Health Enhancement Program only upon
coming into compliance and no sooner than the first day of the month
following their demonstration of compliance. Removal from the program
shall not, in any case, be based upon the decision of any patient as to the
treatment they receive, or on the progress or lack of progress in the
treatment of their illness. It shall not be based on any other factor
whatsoever except for the refusal of the patient to get required tests and
screening, and if applicable, to participate in one of the five (5) listed disease
counseling and education programs. Any removal shall be only upon prior
notice to and the review by the Health Care Cost Containment Committee.
The HCCCC will resolve all disputes about compliance. The parties recognize
that the implementation of the Health Enhancement Program will raise
legitimate and unanticipated issues of compliance such as the inability to
schedule wellness physical examinations and screenings within a specific
time frame. The parties therefore agree that disputes will be decided on a
standard of fairness and the opportunity available to the member or his or
her enrolled dependents to substantially comply with the requirements of
enrollment in the Health Enhancement Program.
h. No member otherwise in compliance with the Health Enhancement Program
shall be charged additional premium or otherwise disadvantaged because he
or she - despite making best reasonable efforts - is unable to achieve the
compliance of a covered dependent not in that member's legal custody
pursuant to a divorce decree or legal separation agreement.
i. No insurance vendor shall receive any financial incentive or benefit from the
admission of any member to, or the removal of any member from the health
enhancement program. The program shall be designed to encourage and
reward participation of members in the program and not to remove the
financial incentive from any member except one who chooses after
appropriate notice and opportunity to correct, not to comply with the
specific written requirements of the program.
j . Patients in one of the listed disease education and counseling programs shall
receive a $100 cash payment if the member and all dependents comply in a
given year with their commitment to the health Enhancement Program. Pay
is the same for each class of coverage, i.e., same for individual, one plus one,
family or FLES.
3. Impact for Employees and Future Retirees Declining the Health Enhancement
Program
Employees, and future retirees after October 1,2011, who decline participation in
the Health Enhancement Program or who are removed from participation pursuant
to 2g, would pay an additional $100 per month in premium share. This additional
cost shall be the same for individual, one plus one, families, and "FLES" coverage.
There will also be a $350 per person annual deductible, maximum $1400 for
families, for services not otherwise covered by copayments. No family shall be
disadvantaged for the purposes of this maximum by the use of FLES status.
4. Dental Plan
The present dental plans shall continue to be offered to state employees. The
premium share for employees and retirees shall be as determined by the existing
Pension and Health Care Agreement. There shall be no limit on periodontal care for
members who are in the Health Enhancement Program.
B. Retiree Health Care
1. Premium Structure for New Retirees (retiring after October 1 , 2011) - Current
premium structure of retiree health care remains unchanged for those choosing the
health enhancement program. Declining by the retiree, or failing after appropriate
notice to comply with the health enhancement program by either the retiree or
their covered dependents, will result in a premium share increase of $100 per
month.
2. Health care premiums for Early Retirees - The parties have agreed to a grid,
Attachment C, where health care costs (for health care eligible individuals) are imposed
on individuals who elect early retirement until they reach their normal retirement date,
or age 65, whichever is earlier. The grid will also be applied to individuals who are
eligible for a deferred vested benefit (for health care eligible individuals) that elect to
receive their benefit before age 65 until they reach age 65 or their normal retirement
age, whichever is earlier. No early retirement health care premium will be charged for
any employee who has 25 years of service as of July 1, 2011 who retires before July 1
2013.
3. Employee Contribution to Retiree Health Care Trust Fund (OPEB) - Employees
currently paying the three percent (3%) contribution into the Retiree Health Care Trust
Fund will continue to pay such amount. All such employees shall pay the three percent
(3%) contribution for a period often (10) years or retirement, whichever is sooner. All
individuals hired on or after July 1, 2011 shall pay the three percent (3%) for a period of
ten (10) years or retirement, whichever is sooner, even if they had periods of prior state
service. Individuals who are not paying the three percent (3%) contribution on June 30,
2013, shall begin paying a contribution. For these individuals, the contribution shall be
phased in paying 1/2% effective the first day of pay period after July 1, 2013; increased
to 2.0% effective the first day of pay period after July 1, 2014 and increased to 3.0%
effective the first day of pay period after July 1, 2015. The contribution would continue
for ten (10) years for all employees or until retirement, whichever is sooner. Effective
July 1, 2017, the State will begin to contribute into the Retiree Health Care Trust Fund in
an amount equal to amount contributed by employees in each year. The trust fund shall
not be used to pay the retiree health care costs of any employee already retired prior to
the effective date of this agreement. The obligation to use the funds solely to pay the
retiree healthcare costs of individuals contributing to the funds (or to return the funds
to individuals contributing but not qualifying for retiree health care) shall be permanent
and irrevocable, notwithstanding the expiration date of this agreement. The Trust Fund
shall be administered by the State Treasurer.
4. The following shall replace the provision entitled "Retiree Insurance for Employees
hired after July 1, 1997" in SEBAC V as amended by the provisions of the 2009
SEBAC Agreement.
Retiree Health Insurance: Employees with 10 or more years of actual state service as of
July 1, 2009 shall be entitled to retiree health care under the practice in effect under the
terms the Pension and Health Care Agreement, as amended, but prior to the changes
effected by SEBAC 2009 and this agreement. Employees with fewer than ten years of
actual state service as of July 1, 2009, shall be subj ect to the requirements of SEBAC
2009, including the rule of 75 for deferred vested retirees, and shall also require 15
years of actual state service, except that no current employee who would have
otherwise been eligible for retiree healthcare under the provisions of SEBAC 2009 shall
be denied eligibility for retiree healthcare due to the 15 year requirement. All other
employees shall be required to meet the rule of 75 and to have 15 years of actual state
service unless they transition directly from employment to normal or early retirement.
Such employees who transition directly to normal or early retirement shall not be
required to meet the Rule of 75 but shall be required to have 15 years of actual state
service. An employee who is eligible for and begins receiving a Disability Retirement
Benefit shall be entitled to health insurance as a retired state employee regardless of
his/her number of actual state service. Nothing herein restricts the ability of an
employee to begin receiving his/her retirement or deferred vested pension at an earlier
time in accordance with plan provisions. An employee who terminates state service and
does not immediately begin to receive his/her pension shall be entitled to the same
health insurance benefits as active employees receive at the time he/she begins to
receive pension payments. Provided, however, laid off employees and employees who
leave state service because there is not a fair assurance of continued employment shall
be entitled to retiree health insurance at such time they are entitled to and begin
receiving an Early or Normal Retirement Benefit under the plan. Nothing herein shall
change the method of calculation of service for part time faculty of the constituent units
of higher education.
C. SERS Pension
1. Salary Cap - The maximum salary that can be considered as part of an individual's
pension benefit is the amount outlined in Section 415 of the Internal Revenue Code.
2. COLA - The minimum COLA shall be two percent (2.0%) and the maximum COLA
shall be seven and one-half percent (7.5%) for those individuals retiring on or after
October 2, 2011.
3. Early Retirement Reduction Factors - For individuals retiring on or after October 2,
2011, the early retirement reduction factor shall be changed to six percent (6%) for
each year before the individual would be eligible to take unreduced Normal
Retirement.
4. Current employees who retire after July 1,2022 - The following changes do not
apply to individuals who retire under the Hazardous duty provisions of the plan.
Normal Retirement eligibility increases from Age 60 and 25 Years of Benefit Service
or Age 62 and 10 Years of Benefit Service to Age 63 and 25 Years of Benefit Service
or Age 65 and 10 Years of Benefit Service. This change affects all years of benefit
service earned on or after July 1, 2011. By July 1, 2013, current employees may
make a one-time irrevocable election to begin paying the actuarial pension cost of
maintaining the normal retirement eligibility that exists in the present plan which is
scheduled to change effective July 1, 2022. The cost shall be established by the
Plan's actuaries and shall be communicated to employees by the Retirement
Division. Such election shall be made on a form acceptable to the Retirement
Commission and shall indicate the employee's election to participate or not to
participate. In the event the employee fails to make an election, he/she shall not be
eligible to participate. In the event the employee makes a successful claim to the
Retirement Commission of agency error, the employee shall make payments in
accordance with usual practice.
5. Tier II, IfA and Tier III Breakpoint - The parties will meet and discuss a modification
to the Breakpoint that will be effective for service earned on and after July 1, 2013.
The revised breakpoint will be designed so that the pension amount for individuals
earning under the current breakpoint will be increased. The cost of such change in
Breakpoint shall not increase the Employer Normal Cost more than .5% of payroll in
any year. The formula change and costs shall be provided by the Plan's Actuaries. In
the event the parties are unable to agree on the revised Breakpoint, the matter shall
be referred to the arbitrator appointed under the terms of the Pension Agreement
and governed by the provisions of CGS sec. 5-278a and the terms of this agreement.
6. Tier III - A new retirement tier shall be established, known as Tier III, for individuals
hired on or after July 1, 2011. The plan shall be the same as Tier IIA, including the
employee contribution, with Normal Retirement eligibility Age of 63 and 25 years of
benefit service or Age 65 and 10 years of benefit service. Early Retirement eligibility
shall be Age 58 and 10 years of benefit service and Hazardous Duty Retirement
eligibility shall be the earlier of age 50 and 20 years of benefit service or 25 years of
benefit service, regardless of age. In order to qualify for a Deferred Vested Benefit,
the individual must have 10 or more years of benefit service. In all cases, the benefit
shall be calculated on the individual's highest five year average salary.
7. Hybrid Defined Benefit/Defined Contribution Plan for Employees in Higher
Education- Individuals hired on or after July 1, 2011 otherwise eligible for the
Alternate Retirement Plan (hereinafter referred to as "ARP") shall be eligible to be
members of the new Hybrid Plan in addition to their existing choices. Individuals
who are currently members of the ARP shall be eligible to j oin the Hybrid Plan on a
one time option at the full actuarial cost. The Hybrid plan shall have defined
benefits identical to Tier II/IIA and Tier III for individuals hired on or after July 1,
2011, but shall require employee contributions three percent (3%) higher than the
contribution required from the Applicable Tier II/IIA/III Plan. An employee shall have
the option, upon leaving state service, of accepting the defined benefit amount, or
electing to receive a return of his/her contributions to the Hybrid Plan, plus a five
percent (5%) employer match, plus four percent (4%) interest (hereinafter referred
to as the "cash out option" . In the event the employee elects the cash out option,
he/she shall permanently waive any entitlement they may have to health insurance
as a retired state employee unless they convert the cash out option to a periodic
payment as would be required under the current ARP plan.
8. Continuation of Overtime Presumptions and Implementation of Additional
Covered Earnings Rules
The parties' understanding that all overtime in certain units is mandatory for
purposes of Sections 5-162(b), 5-192(f)(c), and 5-192(z)(c) of the general statutes
shall continue. Effective July 1, 2014, the language of those sections shall be
changed to that reflected in attachment D.
D Monitoring of funding status of the Pension and Retiree Healthcare Plans. The Health
" Care Cost Containment Committee and the Pension Commission shall on a quarterly
basis report to the parties on the progress of achieving full funding with respect to the
Retiree Healthcare, and the Pension Plans, respectively. No additional cost shall accrue
to either party or the fund as a result of such monitoring.
III. SCOPE (OJE) and FIVE-YEAR AUDIT DATES
The parties have agreed that the current practice for five (5) year reviews will continue
and CUE adj ustments may be resolved for j obs which the Union believes have
substantial changes in duties through interim bargaining and, if necessary arb-tratiorr
(rather than through the Master Evaluation Committee). This will be applied to all OLR
OJE-covered units. New positions will be subj ect to bargaining and arbitration one year
after their creation and an individual being in the position, whichever .s later The
implementation date for results of any five (5) year audit or arbitration shall be deferred
to no earlier than July 1, 2013. There shall be no retroactivity prior to July 1, 2013 and
no new costs created by bargaining or arbitration shall take effect prior to July 1, 2013.
This provision shall not prevent the implementation of OJE adj ustments agreed to or
ordered prior to the effective date of this agreement.
IV. JOB SECURITY .
A Job Security for Office of Labor Relations -Covered Units. The following j ob
security provisions shall apply to all OLR Covered units which agree or have
agreed to contracts or modified contracts in accordance with the 2011
Agreement Framework including the provisions for wages and other changes
which are summarized in Attachment A.
1 From the July 1, 2011 and through June 30, 2015, there shall be no loss of
employment for any bargaining unit employee hired prior to July 1, 2011,
including loss of employment due to programmatic changes, subj ect to the
following conditions:
a. Protection from loss of employment is for permanent employees and
does not apply t o: '
i. employees in the initial working test period;
ii. those who leave at the natural expiration of a fixed
appointment term, including expiration of any'employment
with an end date;
:
iii. expiration of a temporary, durational or special appointment;
iv. non-renewal of a non-tenured employee (except in units
where non-tenured have permanent status prior to achieving
tenure);
v. termination of grant or other outside funding specified for a
particular position; '
vi. part-time employees who are not eligible for health insurance
benefits. !
b. This protection from loss of employment does not prevent the State
from restructuring and/or eliminating positions provided those
affected bump or transfer to another comparable j ob In accordance
with the terms of the attached implementation agreement. An
employee who is laid off under the rules of the implementation
provisions below because of the refusal of an offered position will not
be considered a layoff for purposes of this Agreement.
c. The State is not precluded from noticing layoff in order to accomplish
any of the above, or for layoffs outside the July 1, 2011-June 30, 2015
time period.
2. The Office of Policy and Management and the Office of Labor Relations
commit to continuing the effectiveness of the Placement & Training Process
during and beyond the biennium to facilitate the carrying out of its purposes.
3. The State shall continue to utilize the funds previously established for
carrying out the State's commitments under this agreement and to facilitate
the Placement and Training process.
B. Implementation Provisions for SEBAC 201 1 Job Security for OLR Covered Units.
The process outlined in this section is a supplement to the October 18, 2005 Placement
and Training Agreement and is designed to govern the procedure utilized in situations
where there are employees covered by the Placement and Training Agreement who are
impacted by a decision to close a state facility or make other programmatic changes
which would have resulted in the layoff of state employees but for the Job Security
Provisions of SEBAC 2011, and transfers necessary to deal with workload issues
necessitating the transfer of state employees to different work units, locations or
facilities. The provisions hereunder shall expire as of June 30, 2015, unless extended by
mutual agreement of the parties. The State will continue to provide the longest possible
10
advance notice as provided in Section 7d of the Placement and Training Agreement to
the unions and employees impacted by such decisions. The process described below
shall be known as the Job Security Implementation ("JSI") Process.
1. There shall be a three-phase process as follows:
a. Phase I. The State shall use its best efforts to attempt to combine the
placement and transfers of individuals in the event of multiple closings and
programmatic changes occurring within a the same period of time to
maximize the likelihood of success.
i. Initially affected employees would enter the Placement and Training
(P&T) process.
ii. May use normal P&T rights,
iii. In addition, the Secretary of OPM shall use best efforts to make
comparable j obs available within acceptable geographic radius
(defined below). Such j obs will typically be in the affected employees'
bargaining unit,
iv. Comparable j obs within the same bargaining unit shall be initially
offered to affected employees on the basis of layoff seniority as
defined in their collective bargaining agreement and, if necessary,
state service,
v. Any affected employee not accepting a comparable j ob then goes to
Phase II.
b. Phase II. The collective bargaining agreement (CBA) process begins. Initially
affected employees and/or secondarily affected employees may then
exercise their rights under the CBA. The CBA process ends when either (1)
the affected employee(s) has a comparable j ob; or (2) the affected
employee(s) choose to waive further contractual displacement rights and
enter Phase III.
c. Phase III. Finally any remaining affected employee(s) would enter the P&T
process.
i. May use normal P&T rights.
ii. In addition, the Secretary of OPM uses best efforts to make
comparable j obs available within acceptable geographic radius
(defined below). Such j ob will typically be in the affected employees'
bargaining unit.
iii. Comparable j obs within the same bargaining unit shall be initially
offered to affected employees on the basis of layoff seniority as
defined in their collective bargaining agreement and, if necessary,
state service.
iv. If no comparable j ob available within the acceptable geographic
radius, the finally affected employee(s) will be offered other j obs
within the acceptable geographic radius on a temporary basis until
comparable j ob available, and are red-circled in original pay-grade.
11
v. Employee may be offered training through the P&T Committee as a
way of moving employee to a position comparable to the one lost.
vi. No employee shall have a right to a promotion under this process.
vii. Affected employee refusing an assignment within the acceptable
geographic radius during Phase 3 of the process may be laid off, but
will have ail usual rights of laid off employees.
2. Relevant definitions which apply to this process only and shall not be utilized for
any other purpose:
a. "Comparable j ob" means one with similar duties and the same or
substantially similar biweekly salary range. The requirement to offer a
comparable j ob shall not be met if the target j ob requires a hazardous duty
retirement covered employee to move to non-hazardous duty retirement
employment, or vice versa.
b. "Acceptable geographic radius" for Phase I means a one way commute equal
to the greater of his/her present commute or thirty (30) miles from his/her
work location at the time of notice. During Phase III, acceptable geographic
radius means a one-way commute equal to the greater of his/her present
commute or thirty (30) miles from his/her home. In the event that there is
no opportunity within the applicable thirty (30) mile measurement, the State
will provide an opportunity within a fifty (50) mile radius based upon the
applicable measurement. In the event an opportunity becomes available
prior to July 1, 2017 within the applicable thirty (30) mile limitation, the
impacted individual shall be offered such position before it is offered to an
individual with lesser rights. In the event the individual declines such
position within the applicable thirty (30) mile measurement, the State has no
further obligation to offer another position to such individual based upon the
geographic restriction.
c. Manner of measurement. The parties have agreed to utilize MapQuest,
shortest distance for positions offered in Phase I and MapQuest, shortest
time for positions offered in Phase III.
3. Priority, Working Test Period Issues, and Related Issues
a. Employees needing positions through the process outlined in this Section B
(as compared to the normal P&T process) have priority over other claimants
to position based on the SEBAC 2011 j ob security provisions. Provided,
however, seniority under the CBA may be utilized for the purpose of shift
selection in the target facility.
b. Where a j ob is offered to comply with the rules of this Section which would
require the completion of a working test period, failure of the employee to
successfully complete that working test period will return the employee to
the process outlined in this Section B, unless the reasons for the failure
would constitute j ust cause for dismissal from state service. The process
outlined in this Section B terminates as of June 30, 2015, or when there is no
employee remaining with rights to the process, whichever is later.
4. Dispute Resolution
12
a. "Work now, grieve later" applies as usual to JSI related grievances.
b. Placement &Training Committee to convene for emergency advisory
procedure if employee claims he or she is being inappropriately laid off in
violation of the JSI procedure.
c. Any arbitration necessary to resolve a claim that an employee is being denied
a suitable comparable assignment under this agreement shall receive priority
processing for purposes of assignment of an arbitrator, a hearing date, and
resolution of the arbitration. Any dispute or arbitration under this agreement
shall be under the SEBAC agreement process.
5. Transfer Implications
a. Where staffing disproportions other than through agency consolidations, the
process outlined in this Section B will be used to eliminate the necessity of a
transfer (directly or through layoff notice). If there is more than one
employee in the impacted classification, the State shall ask the employees in
layoff seniority order and, in the event there are no volunteers, the j unior
employee shall be transferred.
b. In cases where involuntary transfers occur, affected employees shall have
the right of first refusal to return to their prior geographic locations prior to
an equivalent position being offered at the prior geographic location to a less
senior person.
C. Job Security for Units Not Covered by OLR.
Job security for other units has been or shall be negotiated on a unit-by-unit
basis consistent with the 2011 Agreement Framework, including the provisions
for wages and other matters which are summarized in Attachment A.
V. ADDITIONAL CONTRIBUTIONS BY THE STATE TOWARDS UNFUNDED LIABILITY
IN PENSION AND/OR RETIREE HEALTH CARE
The Governor has authorized the Chief Negotiator for the State to communicate the
Governor's commi tment to appropriate consideration of additional state contributions towards
long-term unfunded liabilities of the state, including pension and retiree health care, in years
where there exists a state surplus..
VI. TENTATIVE AGREEMENT, SUBJECT TO RATIFICATION AND APPROVAL BY THE
GENERAL ASSEMBLY
By their signatures below, the parties indicate that this tentative agreement has been approved
by the Governor, and preliminarily recommended by SEBAC Leadership for ratification by the
membership, subj ect to the employer(s) offering appropriate unit agreements to the bargaining
units. SEBAC's final approval is subj ect to a post-membership vote by SEBAC Leadership in
accordance with SEBAC rules. This agreement is further subj ect to the approval of the General
Assembly in accordance with the provisions of Connecticut General Statutes 5-278(b).
13
VII. DURATION.
The provisions of the current SEBAC Agreement shall be extended until June 30, 2022.
Mar^E. Oj akian, Chi^T Negotiator
State of Connectici
&sS
Daniel E. Livingston, Chief Negotiator
SEBAC
I t hi s^da Dated this**/ day of July, 2011.
14
ATTACHMENT A
State of Connecticut and SEBAC- Recommended Agreement on Savings, Transformational
and Financial Issues and Framework for Job Security (hereinafter referred to as the "2011
Agreement Framework") concerning Wages and Other matters
The State and SEBAC recognize that wages and other matters are negotiated on a bargaining
unit basis by the union designated as the exclusive bargaining representative for that unit.
However, the State and SEBAC have agreed that the following parameters shall apply to all
units seeking the j ob security protections of the SEBAC 2011 Agreement.
A. The following parameters shall apply to wage agreements through June 30, 2016:
1. Wage increases for FY 2011-12 and FY 2012-13 - Except as provided below, no state
employee who is represented by a bargaining unit that is part of SEBAC will receive any
increase in salary or payments for either of the next two fiscal years deriving from a
General Wage, step increase, annual increment, payment for individuals who were at
their top step as a bonus, a merit increase or any similar payment for the FY 2011-12
and FY 2012-13. As this agreement was not ratified prior to the time FY 2011-12
payments may have been made to some employees, effective the first day of the pay
period following ratification of this agreement any payment referred to above for FY
2011-12 shall cease and the employees' salary shall be the same as it was prior to such
increase. In the event any lump sum payment was made to any such employee, the
value of the lump sum payment shall be divided by twenty-three (23) and the resultant
amount shall be deducted from the employee's pay in equal amounts over the next
twenty-three (23) pay periods.
Individuals entitled to a promotion in accordance with the rules governing these
subj ects as outlined in the Connecticut General Statutes or their collective bargaining
agreement shall receive increase in wages due to such promotion in accordance with
past practice. Members of the P3A bargaining unit shall be entitled to share in the
contractually created Merit Pool fund in the amount and manner provided in the
contract and past practice.
2. Wage increases for FY 2013-14, FY 2014-15 and FY 2015-16 - Provide a Three percent
(3%) increase plus step increases, annual increments or their equivalent in those units
that have them as part of their collective bargaining agreement. Non-increment units
will receive additional payments in accordance with the parties' usual practice.
Correctional Supervisors (NP-8) shall receive an increase of three and one-half percent
(3-1/2%) for the FY 2013-14 as they had previously negotiated that amount in their
existing collective bargaining agreement. Provided, however, the wage increases for FY
2013-14 shall be delayed by the number of pay periods the increases were paid to
employees in FY 2011-12 prior to ratification of the agreement. For example, if
employees receive increased payments for three (3) pay periods prior to ratification of
this agreement, the increases for FY 2013-14 shall be delayed for three pay periods after
15
July 1, 2013. Provided, however, employees will be made whole for the difference in
percentage between the July 2011 increase received, and the wage increase effective
July 2013.
3. Funds and other payments - All other funds (e.g., tuition reimbursement) and other
wage payments e.g., shift differential, allowances, etc., shall remain in place and
continue in the same amounts presently in the respective collective bargaining
agreement, except to the extent otherwise called for in the collective bargaining
agreements. The current collective agreements shall be extended until June 30, 2016
and unexpended fund amounts shall roll over year to year. Any unexpended funds shall
lapse or shall not lapse as of June 30, 2016, in accordance with present rules.
4. Captains and Lieutenants, Supervisors in the Department of Public Safety (NP-9) - This
unit will negotiate and arbitrate the provisions of their collective bargaining agreement
through June 30, 2016. They will be governed by the other portions of the SEBAC 2011
agreement as outlined herein.
5. University of Connecticut Health Center (AAUP) - This unit will negotiate a new
contract which will be submitted as part of this Agreement or separately in the event
this agreement is not ratified by SEBAC. If ratified, this unit will be governed by the
other portions of the SEBAC 2011 Agreement as outlined herein.
B. Longevity
1. New Employees - No employee first hired on or after July 1, 2011 shall be entitled
to a longevity payment; provided, however, any individual hired on or after said date
who shall have military service which would count toward longevity under current
rules shall be entitled to longevity if they obtain the requisite service in the future.
2. Current Employees - No service shall count toward longevity for the two (2) year
period beginning July 1, 2011 through June 30, 2013. Effective July 1, 2013, any
service accrued during that period shall be added to their service for the purpose of
determining their eligibility and level of longevity entitlement if it would have
counted when performed.
3. Capped units - Individuals in units with capped longevity shall not receive a
longevity payment in October, 2011.
4. Uncapped units - The employer representative and the bargaining unit with
uncapped longevity shall meet and discuss the issue of longevity. The parties shall
agree on a procedure by which individuals in those units shall contribute an amount
equal in value to the amount that was contributed in the Capped units. Default is
that uncapped units will give up longevity using the Executive Branch Bargaining unit
schedule.
16
C. Non-economic Terms of contracts. Unions that do not agree to extend their bargaining
agreement unchanged can open up to a maximum of eight (8) issues that have de
minimus cost and are identified no later than August 31, 2011. The Union must notify
the Office of Labor Relations or the appropriate employer representative within two
weeks of the date the Tentative Agreement is signed of its intent to open the contract
as to noneconomic issues. In the event the union decides to reopen their contract, the
State may likewise open up to a maximum of eight (8) issues with a de minimus cost.
Negotiation shall begin on these issues no earlier than September 1,2011, unless
otherwise agreed to by the parties. Only these issues may be submitted to interest
arbitration.
D. Expiration date of individual collective bargaining agreements. All individual collective
bargaining agreements shall expire effective June 30,2016
17
ATTACHMENT B- Specifics Relating to Health Enhancement Program
Bl - Consent to Participate
My enrolled spouse and dependents and I agree to participate in the State of Connecticut
Health Enhancement program sponsored by my employer, the State of Connecticut.
Information regarding my personal health and the health of my dependents will continue to be
protected by all applicable state and federal laws and regulations.
I and my enrolled dependents agree to comply with the requirements of the program including
the applicable schedule of physical examinations, the applicable schedule of preventive
screenings and participation in any of the five disease counseling and education programs
should I or any dependent be diagnosed with one or more of the five listed chronic
diseases(Diabetes, Chronic Obstructive Pulmonary Disorder or Asthma, Hypertension,
Hyperlipidemia (high cholesterol), or coronary artery disease (heart disease/heart failure)
I understand my participation may be revoked should I not comply with my commitment to the
health enhancement program. I understand and agree that my revocation will make me
responsible for higher premium co-shares of $100 per month, a $350 per participant per year
deducible, and would make me ineligible for reductions in the co-pays for certain prescriptions
and office visits.
I recognize that I am required to sign this authorization as a condition of my participation and
the participation of my enrolled dependents, if any, in the Health Enhancement Program.
I accept the terms of the Health Enhancement Program as listed in the open enrollment
Ic
materials.
B2 - Required Screenings
While the State Employee Health Plan will continue to cover an extensive schedule of periodic
physical wellness examinations and screenings which I may continue to access as covered
services under the health plan, participants in the Health Enhancement program agree to
comply with the following minimum schedule of physical wellness exams and the following
specific schedule of screenings in order to be compliant with the Program :
Scheduled Preventive Physical Examinations
Well Child Visits:
Birth to 1 6 exams (lmonth, 2 months, 4 months, 6 months, 9 months, 12 months)
Ages 1-5 one per year
18
Ages 6 -17 once every year
Adult Wellness Physical Examinations:
Ages 18- 39 every three years
Ages 40- 49 every two years
Ages 50 + every year
Preventive Screenings
Cholesterol screenings every five years from ages 20-29(typically done through a blood
test in conj unction with the schedule of wellness physicals above.) every two years from
Ages 40-50; every year from Ages 50 +
Clinical breast examination for women by their health care provider every three years;
mammograms as recommended by your physician; one screening mammogram for
every female member who is between age 35 and 39.
Cervical cancer screening every three years commencing at age 21
Colorectal screenings beginning at age 50 consisting of screening options as decided by
your physician which options include colonoscopy every ten years; CT colonoscopy
which may be an appropriate alternative to a colonoscopy; or annual fecal occult blood
test.
Vision examination: every two years
Dental cleanings: two free cleanings per year for participants. Participants not enrolled
in dental coverage through the State Health Plan do not have to meet this screening
requirement.
As to all of the above listed and described screenings, no employee or enrolled
dependent shall be required to get a listed and described screening which is against the
recommendation of a physician or other health care professional.
B3 . Disease Counseling and Education Programs
As is currently the case under the State Health Plan, any medical decisions will continue to be
made by you and your physician.
Employees and their enrolled dependents in the Health Enhancement Program will have
available and agree to participate in disease counseling and education programs which consist
19
of the following components and these are the components you must meet to fulfill your
commitment to the Health Enhancement Program. These programs only apply to those
employees and their enrolled dependents in the disease states listed in the description of the
Health Enhancement Program and in the authorization letter signed by the employee indicating
his or her desire to be in the Health Enhancement Program.
You will be contacted by a health care counselor familiar with the specific program applicable
to your condition or conditions who will explain current strategies to control the disease; you
will receive materials to help you and your enrolled dependents to better understand and
control or eliminate the disease condition; and you will be provided a variety of on-line and/or
printed support tools and materials to further assist you.
20
Attachment C - Health Care Premiums for Certain Early Retirees
1
"5
o
f

S
e
n
S2
rrs tariy
15 i
16!
17!
181
191
201
21 !
22!
23!
241
251
5
40.00%!
37.00%l
34.00%i
31.00%i
28.00%l
25.00%l
22.00%!
19.00%!
16.00%!
13^00%!
10.00% 1
4
32.00% i
29.60%!
27.20%!
24.80% 1
22.40% i
20.00%!
17.60%l
15.20%l
12.80%!
10.40% i
8.00%!
3
24.00%!
22.20%!
20.40%!
18.60%!
16.80%!
15.00% 1
13.20%!
11.40%!
9.60%l
7.80%!
6.00%l
2;
16.00% 1
14.80% 1
13.60%!
12.40% i
11.20%!
10.00%!
8.80%!
7.60% i
6.40% I
5.20% 1
4.00% i
Not e 1: Actual heal thcare pr emi um Dercentaees are
prorat ed by
servi ce, use
years earl y,
mont hs. If
15. If over
use 5.
f ewer t han 15 years
1
8.00%
7.40%
6.80% i
6.20% i
5.60% i
5.00%i
4.40%!
3.80%!
3.20%l
2.60% i
2.00%!
of
25, use 25. If more t han 5 !
Not e 2: The pr emi um f or any gi ven empl oyee wi l l be
capped at 25% of t he person' s actual pensi on
benef i t , except t hat t he person' s actual benef i t
wi l l be prorat ed f or empl oyees who are less t han
f ul l - t i me. No early r et i r ement heal t h care
pr emi um wi l l be charged f or any empl oyee who
has 25 years of service as of July 1, 2011 who ret i res!
bef ore July 1, 2013
21
Attachment D - Statutory Changes with Respect to Caps in Covered Earnings
The following shall take effect on July 1, 2014:
Sec. 5-162. Retirement date and retirement income, (a) The retirement income for which a
member is eligible shall be determined from his retirement date, years of state service and base
salary, in accordance with the schedule in subsection (c) or (d) below, whichever is appropriate,
(b) On and after January 1,1984, "base salary" means the average covered earnings received by
a member for his three highest-paid years of state service, disregarding any general temporary
reduction or any reduction or nonpayment for illness or other absence which does not exceed
ninety days; and "covered earnings" means the annual salary, as defined in subsection (h) of
section 5-154, received by a member in a year, limited by one hundred thirty percent (130%) of
the average of the two previous years' covered earnings; except that the limit shall be 150% for
those individuals earning mandatory overtime. Current practice in those units where all
overtime is presumed mandatory for this purpose shall be maintained. The limit does not apply
to earnings for calendar years before 1984 or for the first three full or partial years of
employment. The Retirement Commission may adopt regulations in accordance with chapter
54 determining the procedure to be followed for a member who was not employed on a full-
time basis for the entire two previous years used to develop such limit.
Sec. 5-192{f)(c) and Sec. 5-192(z)(c). "Covered earnings" means the annual salary, as defined
in subsection (h) of section 5-154, received by a member in a year, limited by one hundred
thirty percent (130%) of the average of the two previous years' covered earnings; except that
the limit shall be 150% for those individuals earning mandatory overtime. Current practice in
those units where all overtime is presumed mandatory for this purpose shall be maintained.
Because compensation may be artificially reduced, for example as a result of leaves or absence
on Workers Compensation, the appropriate year's compensation will be substituted for any
year when the compensation is artificially reduced. The limit does not apply for the first three
full or partial calendar years of employment. The Retirement Commission may adopt
regulations in accordance with chapter 54 determining the procedures to be followed when the
member was not employed on a full-time basis for the entire two previous years used to
develop such limit.
22
Attachment E:
Retiree Health Care for Teachers Retirement System Covered Employees
(1) any payments towards retiree health care by TRS covered state employees under
section 10-183(b)(7) of the general statutes shall count against the retiree health care
contribution otherwise due from that employee for that year; (2) for purposes of
computing any health care premium for an employee retiring before his or her normal
retirement age, a TRS covered employees normal retirement date shall be the earlier of
the dates he or she could retire normally under TRS or the date he or she could have
retired normally were he or she a SERS covered employee; and(3) in all other respects,
a TRS covered employee shall be treated like a SERS employee with the same hire date
for purposes of eligibility for and/or payments towards retiree health care.
Attachment F - Actuarial Cost of Maintaining Current Normal
Retirement Age Beyond June 30, 2022
Use the Charts below to calculate the cost (beginning July 1,2013) of maintaining the current
normal retirement age beyond 6/30/2022. This is a one-time decision that must be made
before July 1, 2013. Extra contributions will not be returned to employees who leave before
2022 (except those employees who left without vesting under current plan rules). Employees
who work until the new retirement age will have their excess contributions, without interest,
returned upon reaching that new normal age.
If you would have 25 years of Service Before You Turn 62
As of June-1,2022, how. many months until you have25years of service and at least aee 60
Months before 60
36 or more
35 or fewer-
Fill in your
months
36
Multiply by
.02%
.02%
Added Contribution to Maintain-
RetirementAge
0.72%
of pensionable earnings
of pensionable earnings.
If you would NOT have 25 years of Service Before You Turn 62
As of June 1,2022, how many months until your 62hd birthday^
Fill in your
months-
Added Contribution to Maintain-
Retire me ntAge:
Months before 62 Multiply by
36 or more 36 .02% 0.72% of pensionable earnings
35:bit fewer
.02%
of pensionable earnings
Example 1 : I am currently 47 years old with 20 years of service. I will therefore reach 25 years
of service before I turn 62. I use the top chart:
Step 1: Let's say as of June 1, 2022,1 will be 58 years and 3 months old. That means it
is 21 months until I reach age 60.1 will already have 25 years of service at that point, so
that means I missed my current normal retirement age by 21 months.
Step 2: I multiply 21 months by .02% which gives me .42% (.0042). That means if I want
to avoid the increase in normal retirement age, I would pay an additional .42% starting
on July 1, 2013 until I retire, (if I'm Tier II, that's all I pay, if I'm Tier HA, I'd pay 2.42%
total).
Example 2: I am currently 50 years old with 2 years of service. I will therefore NOT reach 25
years of service before I turn 62. I use the bottom chart:
Step 1: Let's say as of June 1, 2022,1 will be 61 years and 3 months old. That means it
is 9 months until I reach age 62. I missed my current normal retirement age by 9
months.
Step 2: I multiply 9 months by .02% which gives me .18% (.0018). That means if I want
to avoid the increase in normal retirement age, I would pay an additional .18% starting
on July 1, 2013 until I retire, (if I'm Tier II, that's all I pay, if I'm Tier IIA, I'd pay 2.18%
total)
Example 3: I am currently 25 years old with 2 years of service. I will therefore reach 25 years
of service before I turn 62. I use the top chart:
Step 1: Let's say as of June 1, 2022,1 will be 36 years and 3 months old. That means it
more than 36 months until I reach age 60. I will need to buy the full 36 months.
Step 2: I multiply the maximum of months by .02% which gives me .72% (.0072). That
means if I want to avoid the increase in normal retirement age, I would pay an
additional .72% starting on July 1, 2013 until I retire, (if I'm Tier II, that's all I pay, if I'm
Tier IIA, I'd pay 2.72% total)
Example 4: I am currently 48 years old with 12 years of service. I will therefore reach 25 years
of service before I turn 62. I use the top chart:
Step 1: Let's say as of June 1, 2022,1 will be 60 years and 3 months old. But I will not
reach 25 years of service until August of 2023. I will need to buy the full 13 months
because I missed my normal retirement age by 13 month.
Step 2: I multiply the 13 months by .02% which gives me .26% (.0026). That means if I
want to avoid the increase in normal retirement age, I would pay an additional .26%
starting on July 1, 2013 until I retire, (if I'm Tier II, that's all I pay, if I'm Tier IIA, I'd pay
2.26% total)
ATTACHMENT G
The parties have j ointly agreed that the Questions and Answers below aptly describe the provisions of
the agreement:
Question
Answer
No. Nothing in the plan changes including choice of doctors,
hospitals or treatments. You add the health enhancement program
to your current plan.
Will state employees who opt
into the Health Enhancement
Program (HEP) in SEBAC 201 1
have to change doctors?
Is it true that some local
pharmacies will no longer be
able to fill prescriptions for state
employees if the SEBAC 201 1
agreement is ratified?
Only partly. There is a new mandatory mail order program, but it
affects only "maintenance medications" - prescription drugs you
take for a long period of time. Other medications, like antibiotics for
strep throat, will continue to be available through the local
pharmacies. Even for maintenance medications, the first order for
any prescription will be available at the local pharmacy. Renewals
will be delivered by mail to your home, with a 90-day supply
available for a single co-pay. In addition, all CVS's, and any other
local pharmacy that wishes to participate in t he maintenance
drug network, may serve as a mail drop for those members
wishing to pick their mail order prescription up at a pharmacy,
rather than receive them at home.
You, the state employee, along with your doctor, j ust as you do
now. The HEP is an effort to get the most number of state
employees the best information about their health status, and
assumes that most people, given the right information, will make
the best treatment choices. There are no penalties for making the
wrong treatment choices.
You must sign a written commitment to get the applicable physicals
and screenings listed in the agreement, and if you have one of five
listed illnesses to sign up for disease counseling and education. You
do not make any promise, and will not be j udged on whether you
actually follow any recommended treatment approach or take any
particular medication.
No. The State is self-insured, so the insurance vendors are simply
paid fees to administer our claims. Those fees will be unaffected
whether you choose to participate in the HEP or not.
Under the Health Enhancement
Program, who will decide if a
participating state employee is
making the best decisions about
their own health care?
If there are no treatment
requirements for participating
state employees, what does the
Health Enhancement Program
require?
Can insurance companies play
"gotcha" with state employees
participating on the Health
Enhancement Program to raise
their rates?
If a state employee has one of
the Health Enhancement
Program's five listed diseases, do
they have to let a third party
make their healthcare choices -
or pay an extra $100 per month?
No. If you have one of the five listed illnesses, and you choose to
participate in the HEP, you will get free office visits and reduced
pharmacy co-pays for your illness . You will also get disease
counseling and education through programs already administered
by our current insurance carriers. But counseling and education
means what it says - you will get information about your illness and
telephone suggestions from a nurse practitioner or other health
care professional connected to the disease counseling and
education program. You are not required to follow these - the
decision about what treatment to get is up to you and your doctor.
Starting in 2013, current employees who were not already paying
3% of their salary towards retiree healthcare will start to pay J4%
that July, increasing to 2% in July of 2014, and 3% in July of 2015.
They will contribute for 10 years, or until they retire, whichever
happens first. They get their contributions back if they retire
without qualifying for retiree healthcare. And if they can show they
have retiree healthcare available from another employer, they can
waive coverage.
Current employees do not have to meet the 15-year requirement in
order to be eligible for retiree health care. New employees do.
How are employees that weren't
paying 3% for retiree healthcare
going to begin contributing? And
what if they leave state service
without qualifying or want to
waive coverage?
I'm confused by the wording of
the new 15-year requirement for
retiree healthcare. I understand
it will affect all new employees.
Is there any way to say more
simply how it will affect current
employees?
Regarding the new chart of
retiree healthcare premium
shares for employees who
choose to retire before their
normal retirement age, is that in
addition to the premium share
they would currently pay if they
choose the POS plan?
No. This premium is instead of the previously existing premium
shares.
2 | Pa g e
Is the retiree health care chart
for early retirement in addition
to the $100 a month future
retirees would pay if they choose
not to enroll in the Health
Enhancement Program?
The $100 a month payment would be in addition to any other
premium share owed by a retiree who declines to enroll in the
Health Enhancement Program.
Does the language in the new
tentative agreement "the
maximum salary that can be
considered as part of an
individual's pension benefit is
the amount outlined in Section
415 of the Internal Revenue
Code indicate the parties'
agreement that hazardous duty
members who retire at younger
ages are appropriately subject to
a lower maximum pension?
No. The Agreement reflects the current federal maximum salary
cap for pension purposes. This agreement does not affect the
separate federal issue of which hazardous duty employees are
covered by the police and fire exemption. The SEBAC unions are
j ointly seeking to apply the police and fire exemption to all
hazardous duty employees to the maximum extent allowed by
federal law.
3 | Pa g e
2009 SustiNet Health Partnership Board of Directors
Board of Directors Co-Chair Board of Directors Co-Chair
The Honorable Kevin Lembo The Honorable Nancy Wyman
Healthcare Advocate Comptroller
Office of the Healthcare Advocate Office of the Comptroller
Post Office Box 1543 State of Connecticut
Hartford, CT06144 55 Elm Street
Phone: (860) 297-3980 Hartford, CT06106
Appointed by: Statute Phone: 8607023315
Appointed by: Statute
Members of the Board of Directors
Bruce Gould, MD, FACP Paul Grady, MBA
Director Principal
Connecticut AHEC Mercer
263 Farmington Avenue 601 Merritt 7
Farmington, CT06030 Norwalk, CT06856
Phone: (860) 679-4322 Phone: (203) 229-6192
Appointed by: Senate President Pro Tempore Appointed by: House Minority Leader
Bonita Grubbs, MPH, MA Norma Gyle, RN, PhD
Executive Director Deputy Commissioner
Christian Community Action Department of Public Health
168 Davenport Avenue State of Connecticut
New Haven, CT06519 410 Capitol Avenue
Phone: (203) 777-7848 Hartford, CT06106
Appointed by: Kevin Lembo Phone: (860) 509-7101
Appointed by: Governor
Jeffrey Kramer, PhD, MBA Estela Lopez, PhD, MA
Associate Professor-in-Residence and 235 East River Drive
Director Programs in Healthcare and Insurance Studies Apt 902
University of Connecticut School of Business East Hartford, CT06108
University of Connecticut Phone:
School of Business Appointed by: Nancy Wyman
2100 Hillside Road
Storrs, CT06269
Phone: (860) 486-4122
Appointed by: House Majority Leader
Sal Luciano Joseph McDonagh, CLU, ChFC
Executive Director 200 Post Road
Council 4 AFSCME Fairfield, CT06824
444 East Main Street Phone: (203) 254-8400
New Britain, CT06051 Appointed by: Senate Majority Leader
Phone: (860) 224-4000
Appointed by: Speaker of the House
Members may be emailed by simply selecting their names.
2009 SustiNet Health Partnership Board of Directors
Members may be emailed by simply selecting their names.
Jamie Mooney
Vice President and CIO
Norwalk Hospital
Maple Street
Norwalk, CT06856
Phone: (203) 852-3435
Appointed by: Senate Minority Leader


Ex-Officio Members

Christine Vogel Michael Starkowski
Deputy Commissioner Commissioner
Department of Public Health Department of Social Services
Hartford, CT06106 Hartford, CT06106
Phone: (860) 509-7101 Phone: (860) 424-5008
Appointed by: Ex-Officio Appointed by: Ex-Officio

Thomas Sullivan
Commissioner
Department of Insurance
State of Connecticut
Post Office Box 816
Hartford, CT06152
Phone: (860) 297-3801
Appointed by: Ex-Officio


News From:
COMPTROLLER KEVIN LEMBO
FOR IMMEDIATE RELEASE
Contact: Tara Downes
860-702-3308
Tara.Downes@po.state.ct.us
MONDAY, APRIL 18,2011
COMPTROLLER LEMBO'S STATEMENT ON GAAP REPORT
"I fully support the GAAP conversion plan submitted by the Office of
Policy and Management to the state legislature today, compiled through a joint
effort that included my office.
"The comptroller's office has prepared financial reports according to
Generally Accepted Accounting Principals for more than 22 years, and has
long advocated this format in all areas of state government. I commend Gov.
Dannel P. Malloy's administration for taking this important step to implement
GAAP, which will provide greater budget transparency. The state's bond rating
agencies will also view GAAP in a positive light, which will help to keep state
borrowing costs low.
"In accordance with this plan, my office will continue to provide GAAP-
a d j u ~ t e d financial status reports, as it has done since at least 1988. My office
will also continue to assist the administration in any way possible to enable
GAAP reporting at all levels of state budgeting and finance."
***END***
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
Anthony McKnight Sr. File No. 3:10cv1471(MRK)
Plaintiff,
v.
Date: August 8, 2011
STATE OF CONNECTICUT ET., AL.
Defendants,

Plaintiff Motion For Injunctive Relief From
State of Connecticut/State Employee Bargaining Agent Coalition Revised
July 22, 2011 Agreement
The Plaintiff, Anthony McKnight Sr., files this petition for injunctive relief on behalf of
every Black, Negro, African American, Nigger or any other population or class of state
employees that will be adversely affected by the ratification and passing into law the 2011
State of Connecticut/SEBAC Agreement signed on July 22, 2011 by Mark Ojakian, Chief
Negotiator, representing the Office of the Governor for the State of Connecticut and Daniel
Livingston Chief Negotiator for SEBAC. The contract violates petitioners Constitutional
and Civil Rights. Non represented, this petition for injunction is filed in conjunction with
and supplements the original complaint.
The contract relates to represented and non represented union and non union employees,
requiring those effected to have been retired by October 2, 2011. The plaintiff contends that
the defendant intentionally targeted injured negro employees for termination and other
artificial reductions violating the plaintiffs rights under the Equal Protection clause of the
Fourteenth Amendment..
In Memory of Martin Luther King. Jr.
The Allowance of the ratification of such a contract violates the Contract Clause and
Section 4 of 14
th
. The passage of this automatically by the legislature impedes the rights of
the plaintiff and all Negro employees (Linda Fowlers definition of similarly situated
employees referred to injured Negro workers, See Appendix of Commissioner Miles decision
of defendants response to plaintiffs Complaint.) In pertinent Part: The validity of the
public debt of the United States, authorized by law, including debts incurred for
payment of pensions and bounties for services in suppressing insurrection or rebellion,
shall not be questioned.
The debt incurred by the State of Connecticut is a pension liability relating to a legitimate
public interest, authorized by Connecticut General Statute. This, barring Eleventh
Amendment immunity claims. The Contract Clause prohibits states from enacting any law
that retroactively impairs contract rights. The Contract Clause applies to state legislation.
The Contract Clause appears in the United States Constitution, Article I,
section 10, clause 1. It states:
. No State shall enter into any Treaty, Alliance, or
Confederation; grant Letters of Marque and Reprisal; coin Money; emit
Bills of Credit; make any Thing but gold and silver Coin a Tender in
Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law
impairing the Obligation of Contracts, or grant any Title of Nobility.
Equal Rights Under The Law
All persons within the jurisdiction of the
United States shall have the same right in every State and Territory to
make and enforce contracts, to sue, be parties, give evidence, and to
the full and equal benefit of all laws and proceedings for the security
of persons and property as is enjoyed by white citizens, and shall be
subject to like punishment, pains, penalties, taxes, licenses, and exactions
of every kind, and to no other.
Make and enforce contracts
In Memory of Martin Luther King. Jr.
Make and enforce contracts includes the making, performance, modification, and
termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions
of the contractual relationship.
Protection against impairment
The rights protected by this section are protected against impairment by nongovernmental
discrimination and impairment under color of State law.
The contract is a well organized subtle agreement which reflects the essence of malicious
conduct adopted by the current administration from the previous two administrations.
Although the current administration had the ability to solve the issue before the court with
the passing of the following legislation enacted as stated in Senate Bill 1239:
Sec. 13 (Effective July 1, 2011) (a) The Secretary of the Office of
Policy and Management may transfer amounts appropriated for
Personal Services in sections 1 to 10, inclusive, of this act
from agencies to the Reserve for Salary Adjustments account, upon
approval of the Finance Advisory Committee to reflect a more
accurate impact of collective bargaining and related costs.
(b) The Secretary of the Office of Policy and Management may
transfer funds appropriated in section 1 of this act, for Reserve of
Salary Adjustments, upon approval of the Finance Advisory
Committee, to any agency in any appropriate fund to give effect to
salary increases, other employee benefits related to staff reductions
including accrual payments, achievement of agency general personal
services reductions, or any other personal services adjustments
authorized by this act, any other act or any other applicable provision
of the general statutes.
instead the current administration chose to conspire and continue the racketeering, fraud and
biasness and racism.
INSTITUTIONALIZED RACISM
The Civil Rights Act of 1871 (42 U.S.C.A. 1983 et seq.) was an early piece of such
In Memory of Martin Luther King. Jr.
legislation. Section 1983 of the act, passed when Ku Klux Klan violence was widespread,
created a federal remedy, namely money damages, for individuals whose constitutional rights
had been violated by state officials. Although this statute has been influential and frequently
litigated, no relief will be granted under it unless "state action" can be demonstrated.
The courts have recognized it is settled principle that government employment, in the
absence of legislation, can be revoked at the will of the appointing officer. McElroy, 367 U.
S., at 896. However in the instant matter, the legislative statutes require that the black
employee does not have his employment revoked, just as the Caucasian officer(s) was not
involuntarily and constructively discharged.
The term, "state action," refers to a discriminatory act committed by a government official
or agent. Such action may be taken by a legislative, executive, judicial, or administrative
body, or some other person or entity acting under "color of law." Section 1983 does not apply
to wholly private or nongovernmental conduct. If action is taken by a private individual
cloaked with some measure of state authority, courts will find State Action if one of four tests
is satisfied:
(1) public function teststate action is found where the government
has delegated its traditional responsibilities, such as police protection,
to a private party or agency;
(2) nexus teststate action is found where there is a sufficiently close
connection between the government and a private actor, such as where
the state owns or leases property on which private discrimination
occurs;
(3) state compulsion teststate action is found where the government
coerces or significantly encourages private conduct, such as where
federal regulations require private railways to conduct urinalysis after
accidents;
(4) joint action teststate action is found where the government is a
In Memory of Martin Luther King. Jr.
willful participant in discrimination by a private actor.
In the instant matter, State Action,. malfeasance exists through all four tests. The
artificial reduction of Negro benefits, essentially keeping separate accounting practices for
separate classes of people in public accounting must be illegal or dishonest activity especially
by a public official or a corporation.
FOURTEENTH AMENDMENT
Section 1. All persons born or naturalized in the United States, and
subject to the jurisdiction thereof, are citizens of the United States and
of the State wherein they reside. No State shall make or enforce any
law which shall abridge the privileges or immunities of citizens of the
United States; nor shall any State deprive any person of life, liberty,
or property, without due process of law; nor deny to any person
within its jurisdiction the equal protection of the laws.
Section. 4. The validity of the public debt of the United States,
authorized by law, including debts incurred for payment of pensions
and bounties for services in suppressing insurrection or rebellion,
shall not be questioned. But neither the United States nor any State
shall assume or pay any debt or obligation incurred in aid of
insurrection or rebellion against the United States, or any claim for
the loss or emancipation of any slave; but all such debts, obligations
and claims shall be held illegal and void.
The State of Connecticut/SEBAC 2011 Contract Agreement directly violates Sections one
and four of the Fourteenth Amendment as it relates to black Corrections Officers injured
while suppressing inmate insurrection.
Equal protection requires that the government treat all similarly
situated people alike; Harlen Associates v. Inc. vill. Of Mineola, 273 F.3d
494,499(2d Cir. 2001). Thus, to successfully assert an equal protection
challenge, petitioners must first establish that the two classes at issue are
similarly situated. Yen Jin v. Mukasey, 538 f.3d 143, 158(2d Cir. 2008).
The plaintiff must show that they are similarly situated in all material
respects to the individuals with whom they seek to compare {themselves}.
Graham v. Long Island Railroad, 230 f.3d 34, 39 (2d Cir. 200).
In Memory of Martin Luther King. Jr.
The word All includes Negro employees in the class of individuals eligible for
entitlements. Secondly, the provision in the statute is mandatory and not to the discretion of
the Workers Compensation Commission as it relates to budgetary reductions at the expense
of the Negro.(Section 4 of 14
th
Amend.)
The following Section of an Act concerning the Biennium Budget allows the fraudulent
and discriminatory contract agreement to become law. Section 165 states:
Notwithstanding the provisions in Section 12 of Public Act 12-6,
section 5-278 of the Connecticut General Statute and joint rule 31 of
the joint rules of the senate and house of representative for the 2011-
2012 legislative term. If the General assembly does not call itself into
special session in accordance with this subsection, said agreement and
any appendices filed with said agreement shall be deemed approved
by the General Assembly.
The provisions being allowed in SEBAC 2011 is the very same insurance fraud
methodology which brought about the conviction and incarceration of the former governor
John Rowland. This agreement attempts to legitimatize the fraud. {See Anthony McKnight
v State of Connecticut 1995, United States v. John Rowland}
The Connecticut General Statutes 31-51m. 4-61dd Prohibited Employer Activity From
retaliatory discharge:
Cannot discharge, discipline, or otherwise penalize because employee
or his/her representative reports a violation or suspected violation or
requested an investigation, hearing, or inquiry or if public employee
reports to a public body concerning unethical practices,
mismanagement, or abuse of authority, unless employee knows such
report is false.
However, when plaintiff filed the original federal complaint in 1995, The former governor
John Rowland, Attorney General Blumenthal, Department of Corrections, State Legislative
In Memory of Martin Luther King. Jr.
Judiciary Committee, Office of Chief States Attorney formed a joint task force to discredit
and destroy the plaintiff also see SEBAC V John Rowland et. Al.,
13
th
amendment
Section 1. Neither slavery nor involuntary servitude, except as a
punishment for crime whereof the party shall have been duly convicted,
shall exist within the United States, or any place subject to their
jurisdiction.
14
th
amend
But neither the United States nor any State shall assume or
pay any debt or obligation incurred in aid of insurrection or rebellion
against the United States, or any claim for the loss or emancipation of any
slave; but all such debts, obligations and claims shall be held illegal and
void.
{The Discharge in terms of penalty is for being a Black injured
worker. Leaves and Absences as referred to in Attachment D, entitled
Covered Earnings relates to targeted terminations of injured Black
Corrections Officers as in the instant matter, Workers Compensation,
artificial reductions, or slave labor, working for nothing, or for the
White Man}
As in the instant matter, the artificial reductions caused the loss of property and family of
the Plaintiff..
To artificially reduce may be deemed as constructing a Fraud, as this agreement is based
on the acts, omissions and concealments of the agreeing individuals, of which the SEBAC is
representing thousands of individuals who place a trust in the representation not to be
defrauded, nor conspire to commit fraud. The other party to the contract, the state of
Connecticut, therefore is at a conflict of interests as it cannot protect the rights of the
employee citizens of the state through such a contract.
Where a principal can establish both a fiduciary duty {Connecticut State Rep. Betts June
In Memory of Martin Luther King. Jr.
6, 2011 Amendment B Argument HB6652} and a breach of that duty, through violation of the
above rules, the court may find that the benefit gained by the fiduciary should be returned to
the principal because it would be unconscionable to allow the fiduciary to retain the benefit.
This would be the case unless it can be shown by the State of Connecticut and SEBAC
that there was full disclosure of the conflict of interest or profit and that the principal fully
accepted and freely consented to the fiduciarys course of action(this full disclosure of the
fraud to reduce African American officers benefits is hidden in an appendix to the agreement
in the normal acceptable way or course of doing business). Discrimination and Fraud
should not be a way of doing government business.
Moreover the phrase: Because compensation may be artificially reduced, for
example as a result of leaves or absence on Workers Compensation, the appropriate
years compensation will be substituted for any year when the compensation is
artificially reduced, adopts and incorporates the same fraudulent and criminal deviations
from the law that former governor Rowland was found in violation of. The same Judiciary
Members, Commissioners, etc are the very same officials that implemented the Rowland
agenda, they are now adopted into the Malloy administration as a subsystem.
STATE SENATE AND HOUSE BILL IMPLIMENTERS 6651 AND 6652
The savings spoken of by State Representative Cafero is derived from hour 4, and Minute
35 of the video as he refers to removal of the debt and unfunded liabilities the agreement
will artificially reduce from the liability balance of the budget. The suggestion that
Representative Cafero is speaking of as a concession is the write-off of the negotiated
In Memory of Martin Luther King. Jr.
savings that cannot be identified. from hour 4, minute 42 to hour 4, minute 45. It involves a
secretive negotiated quid pro quo, totaling one point six billion.
Audit deficiencies in contracts being: in the best interest of the state is argued against by
State Rep Giuliani from hour 4 , minute 44- to hour 4, minute 48. While at hour 8, and
minute 38 through hour 8 and minute 42 State Representatives Rigsby and Betts attempt to
prevent the wrongdoing.
Senator Suzio at hour 5, and minute 30 on June 1, 2011 during the Senate session called it
.. fraud. The court can compare this agreement in accounting practice to that used by the
Comptroller at hour five through five thirty, misleading referring to noncompliance to
GAAP. Senator McGlauglin also questioned the affect on Government Accountability to no
avail.
Although Senator Harp is the Co-Chair on the Appropriations and a member of the
Governors Financial Advisory Board(In statute), and proposes the Modified Accrual Section
26 and opposes any amendments, she insists on not knowing the intention of the governors
agenda with SEBAC {See Governor Malloy May 13, 2011 Statement of Agreement}.
Modified Principles of Accounting can only mask the real budget. Mislead the public.
Distorts budget, mask deficit, inflate surplus,(See Comptroller Lembos April 5, and 18,
2011 Letters)
This modified accrual basis of accountability in the SEBAC 2011 Agreement directly
undermines the mandatory entitlements in Connecticut General Statutes 5-142(a), 5-169(i),
and 5-257(a) and removes the mandatory execution of duties by government employees. In
essence circumventing and undermining the judicial process.
The concealment of the first tentative agreement Signed on May 18, 2011 by the two
In Memory of Martin Luther King. Jr.
parties also violates the contract clause, as details were not made known to the affected
principles until July after voting.
House Amendment B was defeated requiring a review of the agreement.
Representative Couto voiced concern that the agreement would become law without the
review of the legislative voting on the agreement. As State Representative Carter Stated at
hour 8 and minute 44: The bill is a blank check. At hour 8 and minute 45 State
Representative Walker moved to reject the amendment seeking review of the State of
Connecticut/SEBAC 2011 Agreement by the State House of Representatives. Representative
Betts at hour 6 and 40 minute thru- hour 6 and 44 minutes and 30 seconds was concerned
with the language of the contract as it related to the legislatures obligations and Compliance
with the house of representatives fiduciary responsibilities. The neglect of the Malloy
Administration, The General Assembly, and Courts in honoring the law is primary underlying
factors which results in the Malfeasance and corrupt government activities was first
documented in the Federal Complaint filed by plaintiff in Anthony McKnight v. State of
Connecticut(1995).
During the House Session, State Chief Negotiator Mr. Mark Ojakian can be seen during
the house session as overlord to State Rep. Walker as he directs and controls the session from
over the shoulder of the state representative Walker for Malloy Administration in particular
at Hour 4, and minute 49 to hour 4 and minute 50. This alliance is obvious throughout the
session and as State Senator Harp, Representative Walker is Co-Chair of the House
Appropriations Committee and is member of the Malloy Administrations Financial Advisory
Committee. Unlike the statement by Senator Harp during debate with Senator Suzio: No
committee determined that any fraud occurred, the language in both contract and bills
In Memory of Martin Luther King. Jr.
introduced signifies not only fraud but also a conspiracy to cover-up the fraud and knowledge
of the fraudulent behavior. The relationship with Senator Harp and the Malloy
Administration is solidified within Section 165 of the Implementer Legislation when it
references appropriations and Office of Policy and Management.
The surplus money referred to is actually artificially reduced entitlement benefits from
Attachment D of the State of Connecticut/SEBAC agreement. They are re-appropriated
defrauded funds from the States unfunded pension liabilities. One of the many concerns and
objections to the agreement by the house of representative members is the Office of Fiscal
Analysis can not determine where the savings are coming from.
Collective Bargaining allowed the under funding of pension liability for years using the
criminal methodology of the Rowland Administration. The SEBAC agreement shows the
Intent of the Malloy Administration not to fund pension liabilities as the adoption of the
agreement validates and confirms the corrupt practices of the past. This agreement forgives
the pension liability Retroactively, with the blessing of SEBAC, creating greater
unpredictability and accountability for unfunded pension liabilities.
The Proper Accounting Techniques are being used by the Comptrollers
Office. Therefore, the accounting used in reference to this agreement is fraudulent, as stated
in supporting legislation, modified, fake, illusionary, as indicated in the Act concerning the
budget Senate Bill 6651 Section (26), and Senate Bill 6652 Section (77).
Senate Bill 6651 In Pertinent Parts:
(1) "Accrual basis" means the basis upon which, in transactions
thereon, revenues are accounted for when earned or due, even though
not collected, and expenditures are accounted for as soon as liabilities
are incurred, whether paid or not;
In Memory of Martin Luther King. Jr.
(26) "Modified accrual" means a basis of accounting where
revenues are recognized when earned only so long as they are
collectible within the period or soon enough afterward to be used to
pay liabilities of that period and expenditures are recognized in the
period in which they were incurred and would normally be liquidated
Sec. 77. Subsection (a) of section 31-71b of the general statutes, as
amended by section 34 of house bill 6651 of the current session, is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) (1) Except as provided in subdivision (2) of this subsection,
each employer, or the agent or representative of an employer,
shall pay weekly all moneys due each employee on a regular
pay day, designated in advance by the employer, in cash, by
negotiable checks or, upon an employee's written request, by
credit to such employee's account in any bank that has agreed
with the employer to accept such wage deposits.
(2) Unless otherwise requested by the recipient, the Comptroller
shall, as soon as is practicable, pay all wages due each state employee,
as defined in section 5-196, by electronic direct deposit to such
employee's account in any bank, Connecticut credit union or federal
credit union that has agreed with the Comptroller to accept such wage
deposits.
Sec. 165. (Effective from passage) (a) Not later than five calendar days
after the agreement between the state and the State Employees
Bargaining Agent Coalition, signed by both parties on May 27, 2011,
is filed with the clerks of the Senate and House of Representatives, or
June 30, 2011, whichever occurs first, the General Assembly may call
itself into special session for the purpose of approving said agreement.
Notwithstanding the provisions of section 12 of public act 11-6, section
5-278 of the general statutes and joint rule 31 of the Joint Rules of the
Senate and House of Representatives for the 2011-12 legislative term,
if the General Assembly does not call itself into special session in
accordance with this subsection, said agreement and any appendices
filed with said agreement shall be deemed approved by the General
Assembly.
Subsection (a) of this section, except that terms concerning wages for
employees of the legislative branch shall be applied by the Joint
Committee on Legislative Management in accordance with subsection (e)
of this section. On or before June 30, 2011, the Secretary of the Office
of Policy and Management shall submit a plan to the joint standing
In Memory of Martin Luther King. Jr.
committee of the General Assembly having cognizance of matters
relating to appropriations and the budgets of state agencies detailing
how the terms of said agreement will apply to non represented
classified and unclassified officers and employees. On or before June
30, 2011, the Chief Court Administrator and the Executive Director of
Legislative Management shall submit a plan to the joint standing
committee of the General Assembly having cognizance of matters relating
to appropriations and the budgets of state agencies detailing how the terms
of said agreement will apply to non represented classified and unclassified
officers and employees of the Judicial Department and the legislative
branch.
(b) Notwithstanding any other provision of the general statutes and except
as provided in subsections (c), (d) and (e) of this section, the
Commissioner of Administrative Services and the Secretary of the Office
of Policy and Management shall apply terms comparable to those
contained in the agreement described in subsection (a) of this section to all
non represented classified and unclassified officers and employees upon
approval of said agreement in accordance with.

((d) On or before August 1, 2011, and notwithstanding the provisions of
sections 45a-75, 46b-233, 51-12 and 51-47, the Chief Court Administrator
or the judges of the Supreme Court shall consider and implement changes
to longevity payments and wages for officers and employees of the
Judicial Department comparable to the longevity and wage payment
provisions of the agreement described in subsection (a) of this section.
Nothing in this subsection shall apply said wage provisions to any such
officers or employees whose wages are established by statute.
This contract removes the impediment that former Governor Rowland faced in dealing
with insurance fraud etc.. This agreement allows current governor Malloy to implement the
previous administrations fraud tactics with the blessings of the legislature and union without
any risk of the same criminal convictions, as this agreements gives the governor permission
to create and maintain a criminal scheme. As through the SEBAC V ROWLAND {See
Attachment} complaint which since has been removed, through the passage of the budget
implementers in conjunction with SEBAC 2011. It will allow unilateral, capricious and
arbitrary acts to be committed by the governor, which punishes objectors and rewards
In Memory of Martin Luther King. Jr.
supporters. This method is not based on the law or merit but on the discretion of those in
charge within the administration, the subsystem which can covertly violate with malicious
intent and wanton disregard for the constitutional and civil rights of the afflicted
employee(S).
The entitlements and pension of the petitioner is not only established by Connecticut
General Statute 5-142(a), 5-169(i), and 5-257(a) it is supported by Connecticut Attorney
General Blumenthal prior to the implementation of the Rowland/Lawlor Workers
Compensation insurance fraud scheme which the agreement seeks to criminally validate and
certify. The benefit principles of his opinion only apply to White People and those in league
with the administrative policy goal of adopting and not correcting the Rowland Era
mistakes.. (See Plaintiffs Amended Complaint Attachment: Attorney General 1990 Opinion)
In relevant part, Section 4 of the Fourteenth Amendment states In pertinent part:
{The validity of the public debt of the United States, authorized by law,
including debts incurred for payment of pensions and bounties for
services in suppressing insurrection or rebellion, shall not be
questioned.}
The Black Officers in this matter were actually in the performance of his guard duties
when ordered to help in the suppression of a uprising in the correctional facility {See
Plaintiff Amended Complaint Attachment Incident Report}. Each officer was terminated per
the new agreement and have not received the pension benefits of Caucasians. The
Connecticut Statutes specifically references pensions and benefits along with those liabilities
to the state authorized by law.
However, as the same members that created the fraud are also the members of
government that have the duty to investigate the fraud; making any protection of the
In Memory of Martin Luther King. Jr.
petitioner rights by the state of Connecticut impossible. {Please See Federal Civil complaint
McKnight v. State of Connecticut 1995.}
Relevant part: No State shall..pass any Bill of Attainder, ex post facto Law, or Law
impairing the Obligation of contracts
As in the matter of McKnight v. State of Conn.(1995), and the instant complaint,
Commissioners have knowingly defrauded injured Negro workers specifically as a matter of
their appointments to judge. In the testimony submitted {The Commissioner Delaney and
Miles Transcripts, Appen. K amended complaint}, White People are giving preferential
treatment as it relates to benefits issued directly by the Union negotiators Sal Luciano, and
State Negotiators Yelmini, and Ojakian, {See Attached Retirement Commission Meeting
record}
{Note: individuals receiving their benefits are all white and three are
giving excessive discretionary benefits, while in the case of the Negro,
none received the benefits required by Law. The benefits received by
the Caucasian were not required by the law, yet they received overly
generous benefits.}
The similarly situated class of individuals referred to in the Fowler testimony in the
commissioner Miles decision referred to similarly situated black officers, as being
terminated and having the benefits artificially reduced.
Similarly situated didnt apply to the white officers because they were giving their
mandatory statutory benefits, and excess. The similar class exists in the fact that White
Corrections Officers as Black Corrections Officers worked together and received similar
injuries. However, Black people are not giving mandatory statutory benefits,
Commissioners appointed by the governor are obligated per their appointment to order
artificial benefits to the Negro. {See the fraudulent check and other fraudulent
In Memory of Martin Luther King. Jr.
documents Amended Complaint append C and D}. These leaves or absences are
actually terminations or artificial reductions of Injured Negro employees entitled benefits
when they are out of work due to work compensable injuries. It directly violates the
Connecticut General Statutes, The Contract Clause, and Section 4 of the Fourteenth
Amendment {See Plaintiffs Executive Order 38 Append.E and J}
The Delaney decision, a product of the Rowland fraud methods, artificially reduces and
eliminates the entitlement of the Negro employee because the commissioners take away the
right established by law for the injured Negro to ELECT benefits most advantageous to his
position as is in the case of injured white corrections officers. Both the Miles and Delaney
decisions takes away the Liberty of the Negro to choose. Which is a First Amendment
Violation of the Constitution. Constructive fraud, or discharge, Discrimination, artificial
adjustments-when it is based on acts, omissions or concealments are considered fraudulent
and gives one an advantage against the other because such conduct, demands redress for
reasons of public policy.
The fraudulent activities of Governor Rowland were implemented with then Judiciary Co-
Chairs Lawlor and McDonald and are actualized and adopted by the Present Malloy
Administration as a subsystem being artificially, as stated, and fraudulently implemented,
impeding the rights of the Negro to make a choice merely because the person is Negro, or
not Caucasian.
Within the State of Connecticut/SEBAC Agreement, Attachment D
Statutory Changes with Respect to Caps in Covered Earnings which takes effect on July 1
2014,states as follows :
Section 5-192(z) (c). Covered earnings means the annual salary, as
In Memory of Martin Luther King. Jr.
defined in subsection(h) of section 5-154, received by a member in a
year, Current practice in those units where all overtime is
presumed mandatory for this purpose shall be maintained. Because
compensation may be artificially reduced, for example as a result of
leaves or absence on Workers Compensation, the appropriate years
compensation will be substituted for any year when the compensation
is artificially reduced.

The contract through the Connecticut General Statutes require that the entitlements be
paid to all employees at a bi-weekly or monthly bases. It also requires that the accrual
liabilities be resolved on an accrual accounting bases and not on an artificial/fraudulent
modified accrual practice. However, this does not happen for the Negro. The white people
get the accurate accounting while the Negro receives artificial accounting.
{Lembo letter}
As a state law, the agreement would interfere with the rights of the plaintiff and state
employees. A Breach of duty clearly exist on both parties to the agreement. Unless the
fiduciary can show there was full disclosure of the conflict of interest (Sebac v Rowland ) or
profit and that the principal fully accepted and freely consented to the fiduciarys course of
action. The plaintiff does not consent.
It is within the resolve of the SEBAC argument in SEBAC v ROWLAND that the
interests of the Negro Employees are not considered in the agreement as in the instant
complaint of Anthony McKnight v. State of Connecticut. Artificial or fraudulent benefits
only relate to the Negro and not the Caucasians.
{Constructive fraud Discharge/Discrimination/artificial adjustments}-when it is based on
acts, omissions or concealments considered fraudulent and that gives one an advantage
against the other because such conduct, demands redress for reasons of public policy.

In Memory of Martin Luther King. Jr.
Wherefore, the plaintiff respectfully requests that this court issue an order and ruling finding
the:
(1). The Revised 2011 Agreement Between State of Connecticut and State
Employees Bargaining Agent coalition (SEBAC) Signed by Daniel E. Livingston,
Chief Negotiator, Sebac and Mark E. Ojakian, Chief Negotiator, State of Connecticut,
is in violation of the Constitution of the United States and the General Statutes of the
state of Connecticut.
(2). The contract is null and void.
In Memory of Martin Luther King. Jr.

BY:__________________
Anthony McKnight Sr.
P. O. Box 304
West Haven, Conn. 06516
Tel: (203) 675-7722
Email: AnthonyMcKnightSr@gmail.com
In Memory of Martin Luther King. Jr.
Revis ed Ten t a t ive SEBAC Agr eem en t Su m m a r y ( J u ly 22n d , 20 11) - Wor kin g Docu m en t
FY 12 FY 13 20 -Yea r
Pr oject ion
Not es Not es Re: Sa vin gs Ach ieva bilit y [ 2]
Pen s ion Ch a n ges
Pr ovis ion 1: Cap salary that can be considered as
part of an individuals pension benefit as provided
under the Internal Revenue Code $ 2,400 $ 2,500 $ 62,000
Under the Internal Revenue Code, the current federal ceiling on
pensionable salary ($245,000 in 2011) applies to the base salaries of
pension plan members. Salary earned in excess of this amount may not
be used in determining member contributions and benefits.
Achievable. The State currently does not place a ceiling on pensionable salary.
Therefore, adopting the federal cap would generate the estimated pension
savings in SERS.
Pr ovis ion 4: Increase the Employee Contribution to
3% for Retiree health care trust fund for all
employees (not just new employees) phased in
beginning 7/ 1/ 13.
$ 32,525 $ 34,315
Pr ovis ion 3: Change the Early retirement reduction
factor from 3% to 6% for each year before eligible to
take Normal Retirement with associated health care
savings $ 35,000 $ 32,400 $ 662,000
Pr ovis ion 2: Change the minimum COLA for
individuals who retire after 10/ 2/ 11 from 2.5% to
2.0% with the highest amount going from 6.0% to
7.5%
$ - $ - $ 871,000
Specific assumptions are not currently available to assess the validity
behind the 20 year projected savings. The amount of the savings would
depend on the number of current employees and new employees
anticipated, who are not currently contributing, the duration for which
they would be contributing, and their wages. In FY11, employee
contributions for retiree health was approximately $22 million. The
agreement does not specify when the state will begin using the funds to
pay current retiree health expenses. It is assumed, as those individuals
who contributed retire the state will use employee contributions to offset
retiree health expenditures for those employees.
Although state will make matching annual contributions between 2017-
2022, these costs are not reflected.
[4] Savings are not necessarily cumulative.
Partially Achievable. Current actuarial assumptions provide for 4% annual wage
growth. In addition, the state's annual required contribution (ARC) is calculated
as a percentage of projected annual payroll. By reducing this base annual payroll
by 4% in FY12 and assuming no increase in FY13 and applying the ARC
percentage, the estimated savings are partially achieved.
Pension Portion- Achievable. Increasing the penalty for early retirement should
result in an actuarial gain to the SERS retirement fund and in turn, a reduction
in the annual required contribution (ARC).
Health Portion- Uncertain. Savings to retiree health are probable assuming
more individuals will likely retire closer to age 65 when the cost to the state to
provide health care is less as individuals are Medicare eligible. However it is
unclear how the full estimated savings are achieved.
Achievable. Underlying assumptions for reported savings are unknown,
however, by applying reasonable assumptions, savings to retiree health are
achievable. The extent of the savings would depend on various factors outlined
in the notes and when the state would begin using employee contributions to pay
retiree health expenditures. Any savings would be offset by the state's costs to
the OPEB fund from 2017 through 2022.
Reflects ARC reduction, however 3/ 4 is attributable to health savings
which assumes individuals retiring closer to age 65. Pension savings is
$8,917,000 in FY12 and $8,479,000 in FY13. Retiree health savings is
$26,083,000 in FY12 and $23,921,000 in FY13.
Achievable. As of the 2010 SERS valuation, the state paid $1.26 billion in annual
retiree benefits. A 0.5% reduction in COLA would equate to $6.3 million in
savings annually. Additional savings would accrue as future COLA increases
would be based on a lower base pension benefit. In addition, this change in
actuarial assumptions would result in a lower annual required contribution
(ARC).
Pr ovis ion 17 Rela t ed Sa vin gs : Pension savings
due to 2 year wage freeze
Please note the following applies to the content presented in the table that follows:
[1] Pending questions in certain areas remain for which additional
information/ clarification/ data has been requested. Or for which specific actuarial
assumptions are unavailable.
[2] Savings for some provisions may be less based on the actual date of ratification.
$ 1,342,000
Annual adjustments each J uly 1st. For employees retiring after 6/ 30/ 99,
the annual adjustment will be 60% of the increase in CPI up to 6% and
75% of the increase in CPI over 6%. This adjustment will be no less than
2.5% and no greater than 6%. Current SERS actuarial COLA
assumptions: Pre J uly 1, 1980 Retirees = 3.6%; 1980 - 1997 Retirees =
3%; Post J uly 1, 1997 Retirees = 2.7%. As actuarial assumptions are
currently set above this new minimum, it is unclear how savings will be
achieved.
[3] For provisions where data/ information was unavailable, assumptions were made
to access the achievability of the savings.
Agr eem en t Pr ovis ion s & Rep or t ed Sa vin gs Dis cu s s ion & An a lys is
( in 0 0 0 ' s )
$ 140,000 $ 71,198 $ 69,316 Savings estimated for biennium only.
Page1of4
FY 12 FY 13 20 -Yea r
Pr oject ion
Not es Not es Re: Sa vin gs Ach ieva bilit y [ 2]
Agr eem en t Pr ovis ion s & Rep or t ed Sa vin gs Dis cu s s ion & An a lys is
Pr ovis ion 7: Increase number of retirees due to
absence of ERIP; reduce refills $ 65,000 $ 65,000 $ 1,300,000
PS savings - based on leaving ~ 1,000 positions unfilled @ $65,000/ yr
avg salary. Savings will depend on the extent to which these positions
remain unfilled and how closely actual average employee salaries at
retirement are in comparison to assumed salary levels.
Achievable. Based on personnel savings from keeping 1,000 positions at an
average salary of $65,000 unfilled. Savings will depend on the extent to which
these positions remain unfilled and how closely actual average employee salaries
at retirement are in comparison to assumed salary levels.
Pen s ion Tot a l $ 236, 991 $ 248 , 252 $ 8 , 271, 0 0 0
Hea lt h Ca r e Ch a n ges
Pr ovis ion 6 :New Tier III for individuals hired after
7/ 1/ 11, Normal Retirement eligibility Age 63 and 25
YOS or Age 65 and 10 YOS and salary based on Final
five year average; HD 20 Years of HD service and age
50 or 25 Years of HD Service regardless of age and
salary based on final five year average pay; Early
Retirement Age 60 and 15 YOS; Ten year cliff vesting.
Pr ovis ion 8 : Provide the availability of individuals
in the Alternate Retirement Plan to switch to a
Hybrid-Defined benefit/ Defined contribution type
plan.
Pr ovis ion 5: For current employees who retire after
7/ 1/ 2022, Normal Retirement eligibility increase
from Age 60 and 25 YOS or Age 62 and 10 YOS to
Age 63 and 25 YOS or Age 65 and 10 YOS. By 7/ 1/ 13,
present employees may elect to pay the actuarial
pension costs of maintaining the normal retirement
eligibility that exists in the present plan which is
scheduled to change effective J uly 1, 2022.
Pr ovis ion 9: Plan Changes value and non value
based: $35 Emergency Room copay; Certain cost
savings changes wherein individuals would have to
get preauthorization before a second MRI would be
paid for, etc.
Uncertain. If it is assumed 50% of employees and their dependents participate
in the value based plan or 27,493 active employees and the remaining 50% do
not participate and therefore are subject to the increased premium share for an
entire plan year, equal to $1,200; approximately $32.9 million in savings will be
achieved in FY12 and FY13 (32% of the total savings). It is uncertain if any
actual savings in health claims costs can be achieved in the first few years of a
value based model. Any savings would be offset by increased utilization for
those services required by the value based plan and not currently utilized by
employees and their dependents. $ 102,500 $ 102,500 $ 2,378,000
The savings assumes 50% of those eligible to participate in the value
based plan will enroll. The savings may or may not be offset by
assumptions about changes in utilization as a result of the value based
participation requirements. Additional information was provided which
states the savings assumes a 10% reduction in claims costs for health,
but no corresponding back up on how that assumption was reached has
been provided. Further, there is some suggestion that utilization
increase for dental services was assumed, as 2 cleanings are required a
year by the value based plan, however specific assumptions about
increased utilization are and associated costs are unknown. The
increased utilization costs in dental services have not been factored into
savings estimates. The savings for the program overall are stated to be
net of any increased utilization. It is uncertain what assumptions were
made about changes in utilization.
A breakout of the components of this figure are not currently available,
additional information would be required to assess the validity of the
figures.
$ 22,000
$ - $ 9,649
$ 22,000
$ 2,982,000
$ 677,000
Short-term savings in FY13 are unclear as differences in state costs
between Tier IIA and new Tier III have not been provided. Short-term
savings will also depend on the number of new hires during the
biennium, which are anticipated to be low due to the hiring freeze as
well as leaving 1,000 retirement vacancies unfilled.
Achievable. Estimated savings for this provision would primarily result from the
change in actuarial assumptions and a lower annual required contribution
(ARC), as it would be anticipated more employees would delay retirement
(meaning less years of retirement benefits to be paid and additional years of
employee contributions helping to offset state costs). Additional savings may be
attributed to healthcare?
Partially Achievable. Short-term savings are unclear as no difference in Tier IIA
versus Tier III benefits or employee contribution levels. Savings likely
attributable to having same normal cost as Tier IIA, but no payments toward
unfunded liability (as there are for Tier IIA). Savings will also depend on the
number of new hires in the biennium, which are anticipated to be low due to the
hiring freeze as well as plans to leave 1,000 retirement vacancies unfilled.
Achievable, however savings in biennium would result from current ARP
participants and new potential ARP participants choosing the hybrid plan. To
achieve estimated savings, more than 50% of current ARP participants would
need to switch to the hybrid. $ 11,190 $ 235,000
Uncertain. Savings are likely assuming a portion of emergency room visits will
be subject to the copay and certain services will likely not be authorized. If it is
assumed 50% of the savings is attributable to emergency room copays, an
estimated 17,143 visits in FY12 and 52,857 visits in FY13 would be subject to the
copay.
Pr ovis ion 10 : Value based health and dental -
Provide a Value based health and dental care plan
under which individuals and their families could
chose to participate and agree to follow all plan and
physician recommended physicals, disease
management protocols and diagnostic testing.
Failure to comply would result in the individual and
their families being placed in the Nonvalue added
plan with the concomitant cost increase. The cost for
this plan would the same as the current plan plus any
scheduled experience determined increases. Value
Added for Retirees Voluntary for current Retirees;
Mandatory for individuals who retire on and after
10/ 2/ 11. If new retirees elect nonvalue added, cost is
$100 per month.
$ 10,750
$ 1,200 $ 3,700 $ 75,000
The plan (health and pharmacy) will no longer be recognized as
grandfathered plans under federal health care reform. As such, there are
certain services for which the plan would not be allowed to charge a co-
pay or have annual maximums. It is unclear if the savings are adjusted
for any changes as a result of the plan no longer being recognized as a
grandfathered plan. The savings would depend on the number of
emergency room visits which would be subject to the copay and the
extent to which the prior authorization provisions decreases utilization.
The data on total current utilization is unavailable.
Page2of4
FY 12 FY 13 20 -Yea r
Pr oject ion
Not es Not es Re: Sa vin gs Ach ieva bilit y [ 2]
Agr eem en t Pr ovis ion s & Rep or t ed Sa vin gs Dis cu s s ion & An a lys is
Pr ovis ion 14: Other Health Cost Containment
Initiatives - the Healthcare Cost Containment
Committee will identify additional cost savings
through renegotiation of contracts and improved
service delivery $ 40,000 $ 35,000 $ 420,000
The HCCC does discuss/ implement provisions to reduce health care
costs. (e.g. Patient Centered Medical Homes, High-Flier ER users, etc)
Achievable. Projected savings from updated contract terms for FY12 and FY13,
for both medical and dental are $38.9 million in FY12 and $38.6 million in FY
13. Actual savings may be less depending on ratification.
Hea lt h Ca r e Tot a l $ 18 7, 8 98 $ 20 3, 40 5 $ 5, 272, 0 0 0
Pr ovis ion 11: Nonvalue based health and dental - If
the employee chose not to participate their cost for
health care would be the same as calculated in the
first year for Value based, plus $100.00 per month
additional. Institute a $350 Medical Deductible per
year per individual.
Pr ovis ion 13: Tobacco and Obesity - reduce costs
through voluntary referral Program
$ 18,000 $ 249,000
Pr ovis ion 12: Reduce Costs with Generics - drugs
coming off patent
These programs already exist, for which information is currently
unavailable. The savings could be achieved without the agreement. The
savings could be achieved to the extent participation in the programs
result in decreased health care costs, which are more probable over the
longer term.
It is unclear if the savings have been offset by any assumptions about
how many individuals would be eligible for the $100 incentive payment
in the out years.
$ 18,000
$ 1,500 $ 12,000
$ 1,000 $ 2,000 $ 85,000
$ 380,000
Figure reflects the savings associated with the $350 deductible only.
The savings appears to assume 50% of those who would be required to
enroll in either the standard or the value based plan, end up paying the
deductible. The deductible has been valued at $22.89 per member per
month, or approximately $275 per year.
It is unclear if the $350 deductible provision would be able to be
implemented at the start of the fiscal year by the carriers. The savings
would depend on the extent to which employees choose to participate in
the value based plan, when the $350 deductible and increased premium
provisions are implemented, and which services are subject to the $350
deductible.
Savings would be achieved regardless of the agreement.
Pr ovis ion 16 : Minimum Service for Retiree Medical
Increase to 15 years of actual state service for
Normal, early retirement and HD retirement with
continuation of Rule of 75 for Deferred Vested.
Unachievable. Programs are currently offered without an incentive payment;
participation rate is currently unavailable. It is unlikely the incentive payment,
offered to an individual only after three years of weight management of smoking
abstinence will be sufficient to encourage additional participation. Savings from
decreased health care costs may present in the long term to the extent that a
significant percentage of the population participate and have improved health.
Pr ovis ion 15: Pharmacy Copays and Mandatory
Mail Order for Active Employees and New Retirees:
Increase to $5, $20 and $35 for non maintenance
drugs. Additional drugs coming off patent which will
now be available as generics. Mandatory Mail Order -
maintenance drugs for active employees, future
retirees and current retirees under 65 must be
ordered through the mail. Voluntary for current
retirees over 65 (mandatory once enrolled).
Uncertain. It is unclear to what extent the increased copays for non-
maintenance drugs, for which current utilization is currently unavailable, will
offset the decreased copays for maintenance drugs, for which current utilization
is also unavailable. It is unclear if the savings assumes an increase in utilization
and compliance with prescription drug regimens for individuals with chronic
conditions, such as diabetes, for which copays are waived. $ 19,876 $ 20,500 $ 698,000
Mail order and retail pharmacy drugs have two separate price points. In
general, mail order drugs are cheaper because of sheer volume.
Additional prescription plan specific information would be needed in
order to access the figures and provide analysis. In addition it is unclear
if there is any assumption as to changes in utilization as a result of the
changes. For example, it is unclear an increase in utilization was
assumed for maintenance drugs for individuals with chronic conditions
as a result of decreased or waived copays.
This provision should result in a savings as it requires individuals to
have 15 years of actual state service in order to be eligible for retiree
health. Currently, individuals with 10 years of state service are eligible
for retiree health. In addition, the Rule of 75 would still apply, wherein
the individual's age plus years of service must be equal to at least 75.
However, state service must be equal to at least 15 years in order to be
eligible for retiree health.
The savings estimates assumes on average 15 employees per month
retiree with less than 15 years of state service and retiree health savings
increases by 10% per year. In addition, the savings appears to be
associated with individuals who retiree closer to age 65 when they are
Medicare eligible and the cost to the state to provide health care is less. $ 3,822 $ 9,705 $ 987,000
Uncertain. Savings are likely as the earliest an individual would be able to retire
and be eligible for retiree health benefits is 60, as opposed to 55; which is 5
years closer to Medicare eligibility than the current plan allows for. The state
saves approximately $11,650 a year, per retiree if they retire and are Medicare
eligible.
Uncertain- Savings are likely as services not currently covered by a co-pay would
be subject to the deductible. Services eligible for co pays and cost sharing are
limited by federal health care reform. If it is assumed 50% of eligible
employees participate in the value based plan, and the deductible is assumed to
have a per member per month value of $22.89, the state would save
approximately $18.2 million a year. However this assumes those individuals
whose services are subject to the deductible utilize services up to the deductible
maximum.
It is unclear what drugs were assumed in the savings estimate (and not already
account for in the budget) and the degree of utilization and cost of those drugs to
the employee health plan. Savings are achievable regardless of the SEBAC
agreement. The SEBAC 2009 agreement requires mandatory generic
substitution.
Page3of4
FY 12 FY 13 20 -Yea r
Pr oject ion
Not es Not es Re: Sa vin gs Ach ieva bilit y [ 2]
Agr eem en t Pr ovis ion s & Rep or t ed Sa vin gs Dis cu s s ion & An a lys is
Ot h er Ch a n ges a n d Cos t Sa vin gs
Pr ovis ion 20 : Technology Initiatives - utilize new te $ 40,000 $ 50,000 $ 1,000,000
Uncertain. The fiscal impact cannot be determined as information as to the
focus of or methods use have not be established.
Pr ovis ion 21: SEBAC Budget Savings Initiative -
implement savings ideas proposed by employees to
reduce costs in agencies through reduced
procurement costs, more efficient agency operations
and other initiatives. $ 90,000 $ 90,000 $ 1,800,000
Uncertain. The fiscal impact cannot be determined as information as to the
focus of or methods use have not be established.
Ot h er Ch a n ges a n d Cos t Sa vin gs Tot a l
$ 275, 8 52 $ 449, 550 $ 8 , 125, 0 0 0
Gr a n d Tot a l $ 70 0 , 741 $ 90 1, 20 7 $ 21, 668 , 0 0 0
Pr ovis ion 17: Hard Wage Freeze FY2012 and FY
2013
No state employee would receive any increase in
salary for either of the next two fiscal years, including
no payment for individuals who were at their top step
as a bonus.
$ 138,852 $ 309,550 $ 6,330,000
Pr ovis ion 18 : Adjust break point in 2, Tier 2A and
Tier 3 $ - $ - $ (458,000)
Achievable, however due to the anticipated two month delay in implementation,
general wage increases, annual increments and lump sum payments for
bargaining units with existing settled contracts were provided as of J uly 1st.
This will reduce FY12 estimated savings by $3.8 million each pay period until
the agreement is ratified. Assuming 4 pay periods, savings would be reduced by
$15 million (GF & TF). It is anticipated that this would be recovered at the start
of FY14. It is anticipated, however, that lump sum payments would be recouped
in the biennium, thus this would reduce FY14 recoveries needed.
Uncertain. The fiscal impact of an adjustment to the breakpoint cannot be
determined as details have yet to be established.
Pr ovis ion 19: Salary Increases - FY2013-14, FY
2014-15 and FY2015-16 - provide Three Percent plus
step increases or their equivalent in those units with
them
Pr ovis ion 22: Longevity No longevity payment
would be made in October, 2011 to those units with
capped longevity and an equivalent savings amount
would be negotiated from those with uncapped
longevity. No one during the biennium will have
those years count for that period. Individuals first
hired on or after 7/ 1/ 11 (military service counts)
would never receive a longevity payment. $ 7,000 $ - $ 53,000
$ (600,000) No savings indicated. Cost in out-years.
Achievable. The April 2011 longevity payment for capped units was
approximately $6.3 million for all appropriated funds. The April 2011 longevity
payment for uncapped units (including non-union employees) was
approximately $11.5 million all appropriated funds. Therefore, estimated
savings are more than achievable in FY12.
Agr eem en t a ls o in clu d es t h e followin g:
Extension of SEBAC through 2022

Extension of J ob Security through FY 2015, with increased flexibility on geographic

limits for reassignment
New Retirement rules effective 10/ 2/ 2011
Comparable provisions for managers
Beginning J uly 1, 2017, the state will match employee contributions to the Retiree
Health Care Trust Fund
Page4of4