The Office of the Attorney General William Tong
Formal Opinions
Page 8 of 42
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In your letter of January 23, 2003, you have asked this Office for advice regarding the legal authority of the Board of Education for Regional School District No. 8 to create and fund from year to year what is referred to as an accrued liability reserve fund for the stated purpose of paying certain teacher retirement benefits under the terms of the district's collective bargaining agreement with its teachers. You note that the municipalities participating in the district currently pay annual assessments, which are deposited in the reserve fund each year.
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In your letter of January 23, 2003, you have asked this Office for advice regarding the legal authority of the Board of Education for Regional School District No. 8 to create and fund from year to year what is referred to as an accrued liability reserve fund for the stated purpose of paying certain teacher retirement benefits under the terms of the district's collective bargaining agreement with its teachers. You note that the municipalities participating in the district currently pay annual assessments, which are deposited in the reserve fund each year.
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Your office has requested a formal opinion regarding whether the Department of Veterans' Affairs (hereinafter "DVA") has properly amended its Veterans' Benefits Guide (hereinafter "Guide") to reflect recent changes in the law.
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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).
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Shaun B. Cashman, Commissioner of Labor, 2003-013 Formal Opinion, Attorney General of Connecticut
As you are aware, section 31-57f of the Connecticut General Statutes provides for the payment of a standard wage rate to certain service workers employed by some contractors of the State or its agents. It has come to our attention that there has been uncertainty as to whether this statute requires such employers to raise wages during the life of a contract to match the prevailing standard wage rate as that rate increases, or whether the statute only requires those employers to pay service workers at the rate that was in effect at the time the contract was executed.
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You have requested an opinion regarding two issues related to charitable gaming events to be held at Foxwoods Casino ("Foxwoods"). Foxwoods is owned and operated by the Mashantucket Pequot Tribe (the "Tribe"), a federally recognized Indian tribe. The Tribe conducts gaming at Foxwoods, which is located on the Tribe's federal reservation, pursuant to Gaming Procedures authorized by federal law.
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We write to clarify our April 14, 2003 opinion concerning whether the Mashantucket Pequot Tribe (the "Tribe") could conduct Casino Night events at Foxwoods Casino ("Foxwoods") to benefit state charities. This issue had arisen in the wake of action by the Connecticut General Assembly earlier this year repealing the Games of Chance Act, which had allowed charities to run Las Vegas Nights events within the state as fundraisers, subject to the provisions of the Act. As a result of this repeal, charitable organizations may no longer legally conduct Las Vegas Night events in this State.
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In your letter of February 11, 1993, you ask whether the State of Connecticut, as a creditor, is disabled from being the assignee of a Connecticut lottery winner because of a regulation which prohibits any assignment of lottery funds.
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This is in response to your letter of October 19, 1992 in which you relate that the State Employees' Retirement Commission's Subcommittee on Purchase of Service and Related Matters has requested an opinion from this office on the entitlement of Tier I hazardous duty members to obtain retirement credit for a leave of absence for service in the armed forces during peacetime, pursuant to the Veterans' Reemployment Rights Act.
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This is in response to your letter of April 1, 1993 to this office in which you ask whether an active state employee who is currently a member of the State Employees Retirement System is barred from collecting a pension from the Judge's Retirement System while serving as a state employee.
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You have asked our opinion on several matters pertaining to the extent of the authority of the Municipal Police Training Council (MPTC) to impose mandatory training requirements upon those persons empowered by statute to act in the capacity of a police officer.
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This is in response to your letter of August 3, 1993 concerning the Health Care Cost Containment Committee (HCCCC) and U.S. Healthcare. Pursuant to Conn. Gen. Stat. § 5-259, you have the statutory obligation to establish group hospitalization, medical and surgical insurance coverage for state employees, retirees and others, and are authorized to enter into contracts for that purpose.
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This is in response to your letter dated July 23, 1993, wherein you asked our opinion concerning the application of Public Act 93-288 (the Act) to cost of living adjustments (COLAs) for certain injured employees and their dependants.
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This will respond to your request for advice regarding how the Second Injury Fund should proceed on the administration of Conn. Gen. Stat. §§ 31-284b, 31-349(e) and (f) in light of the United States Supreme Court's recent ruling in District of Columbia v. Greater Washington Board of Trade, _U.S._, 113 S. Ct. 580 (1992) (hereinafter referred to as Board of Trade).
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In your letter of June 5, 1992, you requested our opinion regarding the validity of certain legislation proposed by the Department Of Income Maintenance (DIM). That legislation would require any recipient, or any attorney representing such an individual, who initiates a legal action against a third party for recovery of medical expenses, to report the filing of that suit to the Department of Income Maintenance.