1993 Formal Opinions
Page 1 of 3
-
Audrey Rowe, Department of Social Services, 1993-032 Formal Opinion, Attorney General of Connecticut
This is in response to your request for a formal opinion as to whether Connecticut's child support-related wage withholding legislation is in compliance with certain federal statutory and regulatory mandates.
-
This letter responds to the March 25, 1993, inquiry of Assistant Treasurer Lawrence A. Wilson wherein he asked whether the Connecticut Bar Foundation, Inc. may invest Interest On Lawyers' Trust Account ("IOLTA") funds in the State's Short-Term Investment Fund ("STIF").
-
This is in response to your department's request for a formal opinion from this office as to whether or not Section 3-7 of the General Statutes is applicable to certain internal service/revolving funds administered by the Department of Administrative Services (DAS). Your department's request focuses on whether monies owed to the funds by other State agencies may be cancelled from the books of DAS or otherwise compromised in accordance with the provisions of Section 3-7.
-
You ask in your letter to this office whether Conn.Pub.Act No. 93-435, § 87(b) violates Art. II, Conn. Const., relating to the separation of powers. You suggest that this question arises because the legislature would be imposing the UAPA rule-making procedure of the executive branch upon the probate courts.
-
This is in response to your letter of September 11, 1992 in which you relate that the State Teachers' Retirement Board has requested an opinion of this office on the following question: Does the Veterans' Reemployment Rights Act preserve a right for persons covered by the Act to purchase retirement service credit in the State Teachers' Retirement System under the terms of the state law governing such purchases of service credit as were in effect when such persons were inducted into the Armed Forces?
-
I write to respond to your request for an advisory opinion regarding religious exemption provisions included within Connecticut's child abuse and neglect statutes. The critical statutory language is contained in Conn. Gen. Stat. § 17a-104 (with essentially similar language found in Conn. Gen. Stat. § 46b-120) which provides: "...[t]he treatment of any child by a Christian Science practitioner in lieu of treatment by a licensed practitioner of the healing arts shall not of itself constitute maltreatment."
-
You have requested a formal opinion from this office as to whether the Department of Administrative Service's ("DAS") use of private collection agencies on a contingency fee basis would be in violation of Conn.Gen.Stat. § 4-100 or any other section of the General Statutes of Connecticut.
-
By letter dated December 2, 1992, you have requested an opinion as to whether the State Employees' Retirement Commission [hereinafter Commission or SERC] has the authority to place Nicholas A. Cioffi, who joined the State Employees' Retirement System [hereinafter SERS or the Retirement System] after July 1, 1984, in Tier I of that system, with no Social Security coverage.
-
You have requested our advice on several questions related to 1992 Conn. Public Act 92-158, An Act Concerning Extending Continuation Benefits to the Unemployed (hereinafter "Public Act 92-158"). Public Act 92-158 amended Conn. Gen. Stat. e 38a-538, which requires employers to offer employees whose employment has terminated for reasons other than death the option to purchase continued health insurance coverage under the employer's group health plan at the same group rate. Public Act 92-158 extended the time period for such continuation coverage from 78 weeks to 104 weeks.
-
In your letter of February 11, 1993, you ask whether the State of Connecticut, as a creditor, is disabled from being the assignee of a Connecticut lottery winner because of a regulation which prohibits any assignment of lottery funds.
-
This is in response to your letter of October 19, 1992 in which you relate that the State Employees' Retirement Commission's Subcommittee on Purchase of Service and Related Matters has requested an opinion from this office on the entitlement of Tier I hazardous duty members to obtain retirement credit for a leave of absence for service in the armed forces during peacetime, pursuant to the Veterans' Reemployment Rights Act.
-
This is in response to your letter of April 1, 1993 to this office in which you ask whether an active state employee who is currently a member of the State Employees Retirement System is barred from collecting a pension from the Judge's Retirement System while serving as a state employee.
-
This is in response to your memorandum dated September 22, 1993 wherein you request our opinion on whether the members of the Connecticut Pilot Commission ("Commission") have a right to defense by the State of Connecticut and indemnification should the exercise of their duties as Commission members result in litigation against them in their official or individual capacities.
-
By your letter of May 4, 1992, you requested our opinion on several questions about the exclusion of irrevocable funeral accounts from consideration as assets in determining eligibility for your Department's programs. Essentially, you asked whether the monetary limit Conn. Gen. Stat. §42-207 places on such accounts is a requirement for their validity. If it is, you asked whether the limit may be exceeded either by creating an account outside the state and then transferring it to the state or by creating multiple irrevocable accounts whose total amount exceed the limit.
-
You have asked what liability, if any, a state agency would have "with respect to any incidents arising at, during or after" an off-site holiday party attended by agency employees during working hours.