Connecticut General Statutes 5-170 – Effect of workers’ compensation and disability payments
(a) Except as provided in subsection (i) of § 5-169, a member shall not be entitled to receive or retain retirement income payments made for any period for which the member has received or receives disability payments and necessary medical and hospital expenses because of injury incurred or disease contracted in the performance of certain duties, as provided in § 5-142. Unless the Retirement Commission has waived the overpayment in accordance with § 5-156c, in any case in which a member has received retirement income payments in excess of his entitlement under this subsection, the Comptroller shall act to recover such overpayments by any appropriate means, including (1) withholding such sums from future retirement income payments in accordance with regulations to be adopted by the Retirement Commission in accordance with the provisions of chapter 54, and (2) petitioning the administrative law judge having jurisdiction of the member’s claim under § 5-142 for an order reducing the member’s award pursuant to said section by the amount of such overpayment. The administrative law judge may enter such order notwithstanding the provisions of § 31-320.
Terms Used In Connecticut General Statutes 5-170
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(b) Retirement income payments made to a member receiving disability payments and necessary medical and hospital expenses under the provisions of the Workers’ Compensation Act, as set forth in chapter 568, shall be reduced for any period for which such disability payments are being made or have been made, except as provided in subsection (c) of this section. The amount of each reduced retirement income payment shall be determined in accordance with § 5-169. Unless the Retirement Commission has waived the overpayment in accordance with § 5-156c, in any case in which a member has received retirement income payments in excess of his entitlement under this subsection, the Comptroller shall act to recover such overpayments by any appropriate means, including (1) withholding such sums from future retirement income payments in accordance with regulations to be adopted by the Retirement Commission in accordance with the provisions of chapter 54, and (2) petitioning the administrative law judge having jurisdiction of the member’s workers’ compensation claim for an order reducing the member’s workers’ compensation award by the amount of such overpayment. The administrative law judge may enter such order notwithstanding the provisions of § 31-320.
(c) Retirement income payments shall not be reduced: (1) For a member receiving a specific indemnity award under § 31-307 or 31-308; (2) for a member who received a judgment for personal injuries and pain and suffering under the provisions of § 31-293, provided the member has reimbursed the state in full for all sums expended by it under chapter 568; or (3) by the amount of any attorney’s fees a member incurs to obtain benefits under the Workers’ Compensation Act or federal Social Security disability benefits.
(d) This section applies to claims for workers’ compensation and disability retirement from injuries sustained on and after January 1, 1947.