The Office of the Attorney General William Tong
Formal Opinions
Page 6 of 42
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This office has been asked to respond to two questions concerning life insurance coverage for retirees. Specifically, you have asked (1) whether the letter sent by the Comptroller's Office to retirees provides adequate notice to such retirees of the reduction in life insurance coverage that occurs upon retirement and (2) what benefit amount would a retiree receive who dies prior to receipt of the aforementioned letter from the Comptroller's Office.
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You have asked for our opinion "as to the application of group life insurance to State employees retired under the disability provisions of the State Employees Retirement Act and an employee receiving a disability benefit."
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This is in response to your request for advice dated November 16, 1989 in which you ask "whether the unclassified employees of a board of trustees of any constituent unit of the state system of higher education who are members of ARP are actually subject to the dictates of this arbitration award, [on state employees retirement benefits] specifically Issue 17 ... which mandated that the members of the Alternate Retirement Program (ARP) be provided with Social Security coverage effective July 1, 1989."
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You have requested our advice concerning the types of accounts that are available for deposit of funds pursuant to section 51-81c of the Connecticut General Statutes, as amended by Public Act 89-196. Section 51-81c established the Interest on Lawyers Trust Accounts program ("IOLTA").
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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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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.
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You have asked for a formal opinion as to whether Public Act No. 03-45, An Act Concerning Secondhand Smoke in Work Places, applies to Foxwoods and the Mohegan Sun casinos. In particular, you ask whether section 14 of the gaming compacts,1 which requires the Mashantucket Pequot and Mohegan Tribes to adopt health and safety standards that are at least as rigorous as the State's health and safety laws, requires application of the smoking ban to the Tribes' gaming facilities.
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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.
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This is in response to your request for advice on whether Connecticut law would prohibit Autotote Enterprises, Inc. ("AEI") from continuing to purchase the New York Racing Association's ("NYRA's") signal if NYRA were indicted on criminal conspiracy to commit tax fraud charges.
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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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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 staff has asked whether persons convicted of violating Conn. Gen. Stat. § 53a-73a, Fourth Degree Sexual Assault, under Conn. Gen. Stat. §§ 53a-8 (Accessory), 53a-48 (Conspiracy), or 53a-49 (Attempt) are required to register pursuant to Conn. Gen. Stat. § 54-251. That statute requires registration of persons convicted of a "nonviolent sexual offense," defined as persons convicted of violating Conn. Gen. Stat. § 53a-73a.
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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.
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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.
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This is in response to your request for opinion on whether municipalities that have voted to allow bazaars and raffles, but that have no chief of police or first selectman to investigate applications and issue permits as required by the Bazaar and Raffle Act, nevertheless may permit qualifying organizations to conduct bazaars and raffles.