(a) Notwithstanding the provisions of any general statute, charter or special act to the contrary affecting the noncontributory or contributory retirement systems of any municipality of the state, or any special act providing for a police benefit fund or other retirement system, the survivors of any uniformed or regular member of a paid fire department or any regular member of a paid police department whose death has been suffered in the line of duty shall be eligible to receive such survivor benefits as are provided for in the Workers' Compensation Act, and, in addition, they shall receive such survivor benefits as may be provided for in the retirement system in which such department member was a participant at the time of his death; provided such pension benefits (1) shall not terminate upon the remarriage of the spouse of such member, and (2) shall be adjusted so that the total weekly benefits received by such survivors shall not exceed one hundred per cent of the weekly compensation being paid, during their compensable period, to members of such department at the maximum rate for the same position which was held by such deceased at the time of his or her death. Nothing contained in this subsection shall prevent any town, city or borough from paying money from its general fund to any such survivors, provided total weekly benefits paid shall not exceed said one hundred per cent of the weekly compensation.
(b) Notwithstanding the provisions of any general statute, charter or special act to the contrary affecting the noncontributory or contributory retirement systems of any municipality of the state, or any special act providing for a police or firemen benefit fund or other retirement system, the cumulative payments, not including payments for medical care, for compensation and retirement or survivors benefits under section 7-433c shall be adjusted so that the total of such cumulative payments received by such member or his dependents or survivors shall not exceed one hundred per cent of the weekly compensation being paid, during their compensable period, to members of such department in the same position which was held by such member at the time of his death or retirement. Nothing contained in this subsection shall prevent any town, city or borough from paying money from its general fund to any such member or his dependents or survivors, provided the total of such cumulative payments shall not exceed said one hundred per cent of the weekly compensation.
(1959, P.A. 604; P.A. 77-520, S. 2, 3; P.A. 79-376, S. 12; P.A. 07-161, S. 1.)
History: P.A. 77-520 added Subsec. (b) for bidding payment of benefits which would exceed 100% of weekly compensation of workers in same position as member; P.A. 79-376 substituted “workers' compensation” for “workmen's compensation”; P.A. 07-161 amended Subsec. (a) by providing that pension benefits to survivors shall not terminate upon remarriage of spouse and requiring amount of benefits not to exceed maximum rate of compensation paid for position held by deceased at time of death, and made technical changes in Subsecs. (a) and (b).
See Sec. 7-323a et seq. re Policemen and Firemen Survivors' Benefit Fund.
Cited. 177 C. 456; 194 C. 139; 204 C. 563; 208 C. 576; 214 C. 189; 224 C. 441.
Cited. 2 CA 255; 12 CA 138; 26 CA 194.
Subsec. (b):
Cited. 214 C. 181. Ceiling imposed on award of benefits applies at time of retirement. Id., 189. “Weekly compensation” includes overtime as well as base salary. Id., 552. “Ceiling” on benefits applies to total payments composed of heart and hypertension disability payments and retirement pension payments not related to Sec. 7-433c. 243 C. 747.
Interpretation of the statute focuses on amount of compensation that recipient would have received if he continued working. 12 CA 138. Cited. 26 CA 194. Section not applicable where pension was not awarded under Sec. 7-433c but was a regular pension for long years of service. 43 CA 773. It is inconsistent with plain meaning of statute to treat lump-sum payment pursuant to commutation award to be a weekly payment and it should not be considered in calculations concerning weekly statutory cap, thus statute's plain objective is to limit cumulative effect of several weekly benefits, not prohibit onetime commutation award. 208 CA 615.
Notes of Decisions
Carriero v. Borough of Naugatuck, 707 A.2d 706 (Conn. 1998).
· cites it 39× “The sole issue in this certified appeal is whether the “ceiling” imposed by General Statutes § 7-433b (b) 1 upon benefits awarded under what is commonly referred to as the Heart and Hypertension Act, General Statutes (Rev.”
Szudora v. Town of Fairfield, 573 A.2d 1 (Conn. 1990).
· cites it 15× “This appeal concerns the calculation of the benefits ceding that General Statutes § 7-433b (b) *553 imposes on the compensation to which disabled members of municipal police and fire departments are entitled under General Statutes § 7-433c, the Heart and Hypertension Act.”
Maciejewski v. Town of West Hartford, 480 A.2d 519 (Conn. 1984).
· cites it 11× “On this appeal, the plaintiff claims that the trial court erred in finding: (1) that the language of § 7-433c required his retirement benefits to be computed in the same manner as that used to compute retirement benefits of a person receiving workers’ compensation; (2) that West…”
Rinaldi v. Town of Enfield, 844 A.2d 949 (Conn. App. Ct. 2004).
· cites it 16× “The plaintiff, in his cross appeal, claims that the board improperly (1) applied the cap under General Statutes § 7-433b (b) to the combination of his § 31-308a benefits and retirement pension, and (2) determined that the defendant can make the plaintiff process his medical…”
Marone v. City of Waterbury, 707 A.2d 725 (Conn. 1998).
· cites it 6× “” General Statutes § 7-433b (b) provides: “Notwithstanding the provisions of any general statute, charter or special act to the contrary affecting the noncontributory or contributory retirement systems of any municipality of the state, or any special act providing for a police…”
Costello v. Town of Fairfield, 571 A.2d 93 (Conn. 1990).
· cites it 16× “” General Statutes § 7-433b (b) provides in relevant part that “the cumulative payments, not including payments for medical care, for compensation and retirement or survivors benefits under section 7-433c .”
Lambert v. City of Bridgeport, 529 A.2d 184 (Conn. 1987).
· cites it 8× “The trial court did not further articulate the date on which the plaintiff’s rights accrued, but inferentially concluded that this was prior to the effective date of the amendment to General Statutes § 7-433b. Representative Samuel Gejdenson, for example, explained the purpose…”
Diaz v. Bridgeport, 208 Conn. App. 615 (Conn. App. Ct. 2021).
· cites it 20× “We begin by setting forth the additional legal princi- ples pertinent to this claim.”
Brennan v. City of Waterbury, 207 A.3d 1 (Conn. 2019).
· cites it 3× “The payment of matured benefits to the estate will allow for a more rational application of the pension offsets under § 7-433b. The estate stands in the shoes of the employee and receives no greater or lesser benefit than had the employee been paid during his lifetime.”
Felia v. Town of Westport, 571 A.2d 89 (Conn. 1990).
· cites it 5× “See General Statutes § 7-433b (b). 2 In its appeal to the compensation review division, the defendant contended that § 7-433c limits the scope of a plaintiffs compensation for cardiovascular impairment to the recovery of economic loss, and thus precludes, as a matter of law, an…”
Hyatt v. City of Milford, 600 A.2d 5 (Conn. App. Ct. 1991).
· cites it 5× “The commissioner found that the defendant had a 25 percent permanent partial impairment which entitled him to 195 weeks of compensation at a maximum rate of $326 per week, subject to the limitations of General Statutes § 7-433b (b). 3 For 195 weeks, the defendant paid the…”
Lundgren v. Town of Stratford, 530 A.2d 183 (Conn. App. Ct. 1987).
· cites it 31× “1 The principal issue of this appeal involves a determination of the limitation imposed by General Statutes § 7-433b (b) upon the payment of such benefits.”
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