Could a retired Connecticut state employee serving in the General Assembly keep retiree life insurance and qualify for a legislator's group policy?

Plain-English summary

A retired Connecticut state employee had begun serving in the General Assembly. The State Comptroller asked whether the person could keep reduced, paid-up group life insurance earned through state employment while also participating in group life insurance as a legislator. The Attorney General answered yes. The opinion read the 1990 version of section 5-257 as preserving reduced coverage for a retired employee and allowing a legislator to qualify for group coverage after six months of service. It found no statutory exception barring both forms of coverage for this person.

The Comptroller also asked how the person's paid-up group life insurance would be determined at the end of the legislative term. The Attorney General declined to decide that question because it was not a legal question. The opinion did say that the existing paid-up insurance benefit was unaffected by the additional coverage offered during legislative service. It noted that the Comptroller might have to obtain an additional policy to provide both forms of coverage.

Currency note

This opinion was issued in 1990. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Historical summary

For retired state employees who entered the legislature: Under the law the opinion analyzed, the retiree could retain reduced, paid-up coverage from state employment and obtain legislator coverage after meeting the six-month service requirement. The Attorney General found no statutory bar to the combination.

For the State Comptroller and benefits administrators: The opinion said the Comptroller could need an additional group policy to provide both forms of coverage. It did not determine the basis for the person's paid-up coverage after the legislative term.

Common questions

Could a retired Connecticut employee keep paid-up life insurance while serving as a legislator?

Yes, for the person described in this 1990 opinion. The Attorney General concluded that legislative service did not end the reduced, paid-up coverage the person had as a retired state employee.

Could that legislator also get group life insurance through the General Assembly?

The opinion said yes after six months of legislative service. It found no exception in the statute excluding a retired state employee who later qualified as a legislator.

What happened to the paid-up insurance after the legislative term?

The opinion declined to determine the basis for that person's paid-up coverage at the end of the term, calling it a nonlegal question. It said the earlier paid-up benefit was unaffected by the additional legislator coverage.

Background and statutory framework

The opinion quoted section 5-257(a) as authorizing the Comptroller, with specified approvals, to revise or procure group life insurance policies for state employees. It described that subsection as making active state employees and legislators eligible after six months of service. It read section 5-257(d) as ending active coverage when employment or a legislative term ended, while preserving reduced coverage for insured employees retired under a state retirement plan.

The opinion considered an exception for employees whose state service continued beyond age seventy under section 5-164(b) or (e), but said there was no indication that it applied to this person. It also noted that section 5-164a(c) allowed retired state employees serving in the General Assembly to keep retirement income, while expressly treating that provision as noncontrolling for insurance. The Attorney General cited Muha v. United Oil Co. and Duguay v. Hopkins for the rule that an exception absent from a statute cannot be read into it.

Citations and references

The opinion discusses Conn. Gen. Stat. sections 5-257(a), 5-257(d), 5-164(b), 5-164(e), and 5-164a(c), and cites Muha v. United Oil Co., 180 Conn. 720, 730 (1980), and Duguay v. Hopkins, 191 Conn. 222, 228 (1983). The official HTML renders the section symbol as “e” in several citations; the original-text section preserves that rendering.

Source

• Landing page: https://portal.ct.gov/AG/Opinions
• Opinion page: https://portal.ct.gov/ag/opinions/1990-formal-opinions/honorable-j-edward-caldwell-state-comptroller-1990009-formal-opinion-attorney-general-of-connecticut

Original opinion text

Honorable J. Edward Caldwell, State Comptroller, 1990-009 Formal Opinion, Attorney General of Connecticut

Attorney General's Opinion

Attorney General, Richard Blumenthal

March 5, 1990

Honorable J. Edward Caldwell

State Comptroller

55 Elm Street

Hartford, CT 06106

Dear Mr. Caldwell:

This is in reply to your letter of March 17, 1989, requesting our advice concerning the eligibility of a state retiree, now serving in the General Assembly, for group life insurance. Specifically, you ask whether the individual is eligible to participate in group life insurance coverage as a member of the legislature as provided in Conn. Gen. Stat. e 5-257(a) while also maintaining paid-up group life insurance provided for retired State employees in e 5-257(d). It is our opinion that the individual is eligible to maintain his paid up insurance and to participate in a group life insurance policy under Conn. Gen. Stat. e 5-257(a) as a member of the General Assembly.

The Comptroller is authorized to procure any and all group policies necessary to effect the mandates of Conn. Gen. Stat. e 5-257 as follows:

The Comptroller, with the approval of the Attorney General and of the Insurance Commissioner, may revise the group insurance plan for employees of the State by amendment of any existing group life insurance policy or policies or by procuring from one or more life insurance companies authorized to do business in Connecticut, a policy or policies of group life insurance covering employees of the State.

Conn. Gen. Stat. e 5-257(a).

Conn. Gen. Stat. e 5-257(a) further provides that active State employees and members of the general assembly are eligible for group life insurance after six months service. Pursuant to Conn. Gen. Stat. e 5-257(d), such coverage ceases for state employees on termination of their employment and for members of the general assembly at the end of their term of office. Notwithstanding this provision, however, e 5-257(d) provides for reduced amounts of life insurance for "insured employees retired in accordance with any retirement plan for state employees." Conn. Gen. Stat. e 5-257(d). Finally, Conn. Gen. Stat. e 5-257(d) states that:

For purposes of this section, no employee shall be deemed to be retired so long as his employment continues under subsections (b) and (e) of section 5-164.

Conn. Gen. Stat. e 5-164(b) and (e) deal with members of the retirement system who continue in state service beyond age seventy. There is no indication, however, that this exception applies here. The person in question is thus entitled to the reduced life insurance coverage for retired state employees.

With regard to additional coverage as a member of the general assembly, we can find no statute which would preclude this retired employee from eligibility for life insurance upon qualification as a member of the general assembly as provided in Conn. Gen. Stat. e 5-257(a). We cannot read into a statute an exception that does not appear; rather "the statute will be applied as its words direct." Muha v. United Oil Co., 180 Conn. 720, 730 (1980) Duguay v. Hopkins, 191 Conn. 222, 228 (1983). Moreover, while not controlling as to insurance benefits, Conn. Gen. Stat. e 5-164a (c) specifically allows retired state employees subsequently serving in the general assembly to retain their retirement income during their term of office.

Based upon the foregoing it is our opinion that this retired state employee may retain his paid-up insurance and obtain new coverage as a member of the general assembly.

It is recognized by this office, however, that in order to accomplish this, the Comptroller may be required to secure additional policy or policies, as deemed necessary.

Your question number two asks this office to determine the basis for this individual's paid up group life insurance at the end of the term of office. This is not a legal question and therefore we decline to respond. We do, however, remind you that the paid up group insurance, as per our discussion above, is a benefit that is unaffected by the additional coverage offered to the legislator under current law.

Very truly yours,

CLARINE NARDI RIDDLE

ATTORNEY GENERAL

Jacqueline K. Houser

Assistant Attorney General

CNR/JKH/pbp