May 27,  2008

The Honorable Susan Bysiewicz

Secretary of the State

20 Trinity Street

Hartford, CT 06106

Dear Secretary Bysiewicz:

I am returning to you without my signature Senate Bill 599, An Act Concerning A Pre-Retirement Spousal Benefit under the State Employees Retirement System.   

This bill would grant a pre-retirement spousal benefit to the spouse of a Tier II state employee who dies as a result of cessation of life support not more than six months prior to meeting the age and service requirements for retirement and without having completed twenty-five years of vesting service. 

Traditionally, the granting of such benefits has been the subject of negotiation between the State of Connecticut and the State Employees’ Bargaining Agent Coalition (SEBAC).  Although this bill appears to be narrowly tailored, by statutorily granting vesting rights outside of the framework of collective bargaining to persons who would not qualify for benefits under the current agreement, it will ultimately expand the circumstances in which vesting rights must be granted to state employees who die prior to completing the vesting requirements. 

In addition, I would note that by granting benefits to the spouse of a state employee in such a narrowly defined set of circumstances, it creates inequity with respect to spouses of other similarly situated state employees whose circumstances are not quite identical to those specified in the bill.  Consider, for example, state employees who are members of Tier I or Tier IIA.  Why should this benefit be provided only to the spouses of Tier II employees, and not similarly situated spouses of Tier I or Tier IIA employees?  In the same vein, why should the spouse of an employee who dies not more than six months prior to meeting the age and service requirements for retirement and without having completed twenty-five years of vesting service be denied benefits if the employee was never on life support?

Because this bill potentially undermines the agreements negotiated through collective bargaining and arbitrarily creates a benefit for persons in one pension tier who meet certain very specific criteria, I do not believe that it is consistent with sound public policy.  Pursuant to Section 15 of Article Fourth of the Constitution of the State of Connecticut and Article III of the Amendments to the Constitution of the State of Connecticut, therefore, I am returning Senate Bill 599 without my signature.

Very truly yours,

M. Jodi Rell

Governor