Free Exhibit - District Court of Connecticut - Connecticut


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State: Connecticut
Category: District Court of Connecticut
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Case 3:03-cv-00674-WWE Document 34-8 Filed O2/11/2005 Page1 of 2
EXHIBIT 8

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l`g€I1Cy I1‘1€(l1C&l S€1‘V1C€ Ofgalll- — History; P,A. 77-520 added Subsec. (b) for bidding payment of benefits which would exceed 100 per_ cent of weekly — »`·§ 2 i
yvisicnsb Of this Section Shall be egmgegeggggnof workers in same position as member; PA. 79-376 substituted "workers’ compensation" for "workmen’s h
lOHS_ cl Sections 7`3 14 and 7` See Sec. 7-323a et seq. re Policernen and Firemen Survivors’ Benefit Fund i ( ;
4 Whlch thc lhc ccmPahY chlhc Cited. 177 c. 456, 462. Cited. 194 c. 139, 142, 146, 147. Cited. 204 c. 563, 567, 569. Cited. 208 c, 576,580. Cited. 214 · °
a fireman or technician is a _ ~,. c. 189, 194. Cited. 224 c. 441, 444.
Cited, 2 CA 255, 259, Cited. 12 CA 138; 141, 147. Cited. 26 CA 194, 199. _ 4
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' · — · S Cited. 194 C. 139, 146. Cited. 214 C. 181, 184, 187. Ceiling imposed on award of benefits applies at time of retirement. V
ll sen/ICG Organlzatimn may T? ld., 189, 191-195. "Weekly compensation” includes overtime as well as base salary. ld., 552—559. "Ceiling" on benefits
>1'1 1S lOC3fCd to CIIBCI 1Zl'l€ pI‘OV1- applies to total payments composed of heart and hypertension disability payments and retirement pension payments not related S,
1 chief executive officer of the lc S<=¤~ 7-4339 243 c· 741 `._l
y Interpretation of the statute focuses on amount of compensation that recipient would_have received if he continued work-
y` l ing. 12 CA 138—142, 144 —l53. Cited. 26 CA 194, 196. Section not applicable where pension was not award_ed under Sec. 7- -
[8 ) 433c but was a regular pension for long years of service. 43 CA 773. · - ·
e) of Sec, 19a-175, effective June 3, 1996; — _ _ _ ’ _ · ` Q
1-191 andl9a-192,effectiveJu1y1, 1997. ·i,~i- Sec. 7-433c. Benefits for policemen or firemen disabled or dead as a result of ·—i. · 1
- hypertension or heart disease. (a) Notwithstanding any provision of chapter 568 or any .·»1, j
,ueemeu_ Maximum cumula_ other general statute, charter, special act or ordinance to the contrary, in the event a uni- ’‘;
eeuem] Statute, ebemer by Sbe_ formed member of a paid municipal fire department or a regular member of a paid mu- 1 _.,g,~i_-
muibuuuy rememem Systems nicipal police department who successfully passed a physical examination on entry mto
ug for e police beuem flmd m. such service, which examination failed to reveal any evidence of hypertension or heart if
lregular member eye mud me I disease, suffers either off duty or on duty any condition or impairment of health caused
rtment Whose death has been by hypertension or heart disease resulting in his death or his temporary or permanent,
· _ total or artial disabilit he or his de endents, as the case ma be shall receive from his , ·ii~ 4
survivor benefits as are pro > = .
iition, they Shall I-eeeive Such if municipal employer CO1'I1p€1'1S&1Z1OI1 BBC1 II1€d1C&l CEIIB 111 the SBHIQ ZIIHOUIYE and '£h€ $211116 V
System m which Sueb d€paI•t_ manner as that provided under chapter 568 if such death or disability was caused by a ~1·` ” ·
myided Sueb beusum benefits personal injury which arose out of and in the course of his employment and was suffered 4
,d by Such Suryiyem Shall not in the line of duty and within the scope of his employment, and from the municipal or
bemg paid, during meu eem_ state retirement system under which he is covered, he or his dependents, as the case may
. , .,,, lik
IB besiueu which Wes held by be, shall receive the same retirement or survivor benefits which would be paid under
lercin Shall meyem any town, · said system if such death or disability was caused by a personal injury which arose out ;.
d to amy Sueb Suryiybm, me ;__ of and inthe course of his employment, and was suffered in the line of duty and within 3
Due hundred bel- cent ef me the scope of his employment. If successful passage of such a physical examination was,
_ at the time of his employment, required as a condition for such employment, no proof or
4 ‘ record of sucheexamination shall be required as evidence in the maintenance of a claim
lc, challcl Ol Spcclal acl tv thc _4 under this section or under such municipal or state retirement systems. The benefits pro- {L4
lllcmchl SYSlcmS cf ally mh‘ lcc cl lllcmch hchclll hlhcl cl · man or his dependents may be entitled to receive from his municipal employer under the 2;
iludmg PaYmchlS ml lhcdlcal provisions of chapter 568 or the municipal or state retirement system under which he is 4;
uhdcl Sccllch 7*433c Shall hc covered, except as provided by this section, as a result of any condition or impairment of ;,
clVccl by Such mcmhcl Ol hlS health caused by hypertension or heart disease resulting in his death or his temporary or _‘‘- ¤
wm Of the Wccl cls cf Such clcpallmchl lh thc ‘ 4 ployer" shall have the same meaning and shall be defined as said term is defined in sec-
te of his death or retirement. 4, tion 7-467. _
borough from paymg money e; · , _ _ _ _ up
ue er Survivors, provided they (b) Notwithstanding the provisions of subsection (a) of this section, those persons
(me hundred ber eeut uf me who began employment. on or after July 1, 1996, shall not be eligible for any benefits
pursuant to this section. t _
. (197l,P.A. 524, s. l;P.A. 77-520, S. 1,3;P.A. 92-81, s. 1,3;1>.A. 96-230, s. 2, 3; 96-231, Sjl,2.) ll ,
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