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![handle is hein.sag/sagct0032 and id is 1 raw text is: 55 Elm Street
GEORGE JEPSEN P.O. Box 120
ATTORNEY GENERAL Hartford, CT 06141-0120
Office of the Attorney General
State of Connecticut
May 16, 2011
Ms. Darlene Perez
State Teachers' Retirement Board
765 Asylum Avenue
Hartford, CT 06106
Dear Ms. Perez:
You have inquired of our office whether a superintendent who received a
waiver of certification pursuant to Chapter 166 of our general statutes is eligible
for pension credit under Chapter 167a, the Teachers' Retirement System
(System).
To answer this question, it is necessary to examine the definitions of
member as contained in Conn. Gen. Stat. § 10-1 83b, and teacher as contained
in Conn. Gen. Stat. §10-183b(26). We can then proceed to analyze those
definitions in light of the certification requirements of Conn. Gen. Stat. § 10-
157(c).1
For purposes of describing who may receive benefits from the System,
Conn. Gen. Stat. § 10-183b(18) defines a member in relevant part as any
Connecticut teacher employed for an average of at least one-half of each school
day .... . (emphasis added). In turn, Conn. Gen. Stat. § 10-183b(26) requires
that to be a Connecticut teacher for purposes of the System, one must be any
teacher, permanent substitute teacher, principal, assistant principal, supervisor,
assistant superintendent or superintendent employed by the public schools in a
professional capacity while possessing a certificate or permit issued by the State
Board of Education . . . . (emphasis added). Therefore, for a superintendent to
be a member who is eligible for pension credit under the System, he or she must
possess a certificate or permit issued by the State Board of Education. Id.
Prior to 2007, Conn. Gen. Stat. § 10-157(a) provided:
1 Conn. Gen. Stat. §10-157(c) provides in relevant part that [t]he commissioner may, upon
request of an employing local or regional board of education, grant a waiver of certification ......
Conn. Gen. Stat. §10-145(a) further provides in relevant part that [n]o .. . superintendent, except
as provided for in section 10-157, shall be employed in any of the schools of any local regional
board of education unless such person possesses an appropriate state certificate .. .](ViewImageLocal?handle=hein.sag/sagct0032&div=1&collection=&method=preview&ext=.png&size=3)