2003 Formal Opinions

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• Senator Kevin B. Sullivan, State of Connecticut Senate, 2003-008 Formal Opinion, Attorney General of Connecticut

  You have requested a formal opinion as to whether employees of state-aided institutions, as defined in Conn. Gen. Stat. § 5-175, are authorized to participate in the Early Retirement Incentive Program (ERIP) created in 2003 by Conn. Pub. Act No. 03-02. If the answer to this question is in the affirmative, you have also inquired as to whether such employees are bound by the reemployment provisions contained in the State Employees Retirement Act, Conn. Gen. Stat. §§ 5-152 to 5-192x (hereinafter SERA or the Retirement Act).

• The Honorable James Amann, State Capitol, 2003-002 Formal Opinion, Attorney General of Connecticut

  This letter is in response to your request for a formal legal opinion as to the proper construction of Conn. Gen. Stat. § 51-44a, which governs the appointment of the Judicial Selection Commission, given an internal inconsistency in the statute created by the recent reapportionment of Connecticut's congressional districts.

• The Honorable James F. Byrnes, Jr., Department of Transportation, 2003-019 Formal Opinion, Attorney General of Connecticut

  You have requested our opinion as to the following question: "Given the requirements of Section 4-9d [of the General Statutes] or any applicable Statute, [may] a Commissioner [of the Departments of Motor Vehicle, Public Safety or Transportation] delegate to a member of his or her staff not appointed as a Deputy Commissioner the authority and responsibility to vote on the State Traffic Commission ['STC']?"

• The Honorable Kevin B. Sullivan, State Senate, 2003-001 Formal Opinion, Attorney General of Connecticut

  You have requested an opinion as to whether the Department of Mental Health and Addiction Services (DMHAS) is required to apply to the Office of Health Care Access (OHCA) to obtain a certificate of need authorizing the reduction or elimination of health care services provided by DMHAS.

• The Honorable Nancy Wyman, Comptroller, 2003-004 Formal Opinion, Attorney General of Connecticut

  You have asked for a formal opinion as to whether the State is obligated to provide recently laid off state employees with certain severance benefits, including payment of the State's share of health insurance premiums for a period of six months after their termination from state service, pursuant to certain collective bargaining agreements and during administrative proceedings and/or additional negotiations with the unions on this issue.

• William J. Sudol, State Teachers' Retirement Board, 2003-009 Formal Opinion, Attorney General of Connecticut

  You have requested advice regarding the Early Retirement Incentive Program (ERIP) enacted in 2003 Conn. Pub. Acts No. 03-02. This retirement program was extended by the legislature to state employees who are members of the State Teachers' Retirement System (TRS or the system) in 2003 Conn. Spec. Acts No. 03-02.