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Introduced Version Senate Bill 212 History

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SB212 INTR


Senate Bill No. 212

(By Senators Craigo, McKenzie, Oliverio, Bowman, Chafin, Sprouse, Love, Fanning, Anderson, Wooton, Edgell, Kessler, Redd, Facemyer, Minear, Mitchell, Rowe, McCabe, Prezioso, Helmick, Minard, Unger, Snyder, Caldwell, Ross Sharpe, Tomblin, Mr. President and Hunter)


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[Introduced January 15, 2002; referred to the Committee

on Education; and then to the Committee on Finance.]

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A BILL to amend and reenact section three, article seven-a, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section two, article seven-b of said chapter, all relating to permitting job-sharing teachers to participate in teacher retirement systems.

Be it enacted by the Legislature of West Virginia:

That section three, article seven-a, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that section two, article seven-b of said chapter be amended and reenacted, all to read as follows:

ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.

§18-7A-3. Definitions.

(1) "Teacher member" means the following persons, if regularly employed for a full-time service position: (a) Any person employed for instructional service in the public schools of West Virginia; (b) principals; (c) public school librarians; (d) superintendents of schools and assistant county superintendents of schools; (e) any county school attendance director holding a West Virginia teacher's certificate; (f) the executive secretary of the retirement board; (g) members of the research, extension, administrative or library staffs of the public schools; (h) the state superintendent of schools, heads and assistant heads of the divisions under his or her supervision, or any other employee thereunder under the state superintendent performing services of an educational nature; (i) employees of the state board of education who are performing services of an educational nature; (j) any person employed in a nonteaching capacity by the state board of education, the West Virginia board of regents [abolished] the West Virginia higher education governing board, any county board of education, the state department of education or the teachers retirement board, if such the person was formerly employed as a teacher in the public schools; (k) all classroom teachers, principals and
educational administrators in schools under the supervision of the department division of corrections, the division of health or the division of human services; and (l) employees any employee of the state board of school finance, if such the person was formerly employed as a teacher in the public schools.
(2) "Nonteaching member" means any person, except a teacher member, who is regularly employed for a full-time service position by: (a) Any county board of education; (b) the state board of education; (c) the West Virginia board of regents [abolished] the West Virginia higher education governing board; or (d) the teachers retirement board.

(3) "Members of the administrative staff of the public schools" means deans of instruction, deans of men, deans of women and financial and administrative secretaries.

(4) "Members of the extension staff of the public schools" means every agricultural agent, boys' and girls' club agent and every member of the agricultural extension staff whose work is not primarily stenographic, clerical or secretarial.

(5) "Retirement system" means the state teachers retirement system provided for in this article.

(6) "Present teacher" means any person who was a teacher within the thirty-five years beginning the first day of July, one thousand nine hundred thirty-four, and whose membership in
the retirement system is currently active.
(7) "New entrant" means a teacher who is not a present teacher.

(8) "Regularly employed for a full-time service position" means employment in a regular position or job throughout the employment term, including job-sharing arrangements as provided in article four, chapter eighteen-a of this code regardless of the number of hours or days worked or the method of pay.

(9) "Regularly employed for a full-time service position" means employment in a regular position or job throughout the employment term regardless of the number of hours or days worked or the method of pay.

(10) "Employment term" means employment for at least ten months, a month being defined as twenty employment days.

(11) "Present member" means a present teacher who is a member of the retirement system.

(12) "Total service" means all service as a teacher while a member of the retirement system since last becoming a member and, in addition thereto, credit for prior service, if any.

(13) "Prior service" means all service as a teacher completed prior to the first day of July, one thousand nine hundred forty-one, and all service of a present member who was employed as a teacher, and did not contribute to a retirement
account because he or she was legally ineligible for membership during the service.
(14) "Average final salary" means the average of the five highest fiscal year salaries earned as a member within the last fifteen fiscal years of total service credit, including military service as provided herein in section seventeen of this article, or if total service is less than fifteen years, the average annual salary for the period on which contributions were made.

(15) "Accumulated contributions" means all deposits and all deductions from the earnable compensation of a contributor minus the total of all supplemental fees deducted from his or her compensation.

(16) "Regular interest" means interest at four percent compounded annually, or a higher earnable rate if set forth in the formula established in legislative rules, series seven of the consolidated public retirement board.

(17) "Refund interest" means interest compounded, according to the formula established in legislative rules, series seven of the consolidated public retirement board.

(18) "Employer" means the agency of and within the state which has employed or employs a member.

(19) "Contributor" means a member of the retirement system
who has an account in the teachers accumulation fund.
(20) "Beneficiary" means the recipient of annuity payments made under the retirement system.

(21) "Refund beneficiary" means the estate of a deceased contributor, or a person as he the deceased contributor shall have nominated as beneficiary of his the deceased's contributions by written designation duly executed and filed with the retirement board.

(22) "Earnable compensation" means the full compensation actually received by members for service as teachers whether or not a part of the compensation is received from other funds, federal or otherwise, than those provided by the state or its subdivisions. Allowances from employers for maintenance of members shall be considered a part of earnable compensation for such the members whose allowances were approved by the teachers retirement board and contributions to the teachers retirement system were made, in accordance therewith, on or before the first day of July, one thousand nine hundred eighty.

(23) "Annuities" means the annual retirement payments for life granted beneficiaries in accordance with this article.

(24) "Member" means a member of the retirement system.

(25) "Public schools" means all publicly supported schools, including normal schools, colleges and universities in this
state. (26) "Deposit" means a voluntary payment to his or her account by a member.
(27) The masculine gender shall be construed so as to include the feminine.

(27) "Plan year" means the twelve-month period commencing on the first day of July and ending the following thirtieth day of June of any designated year.

(28) "Internal Revenue Code" means the Internal Revenue Code of 1986 [26 USCS §§ 1 et seq.], as amended.

(29) "Required beginning date" means the first day of April of the calendar year following the later of: (a) The calendar year in which the member attains age seventy and one-half; or (b) the calendar year in which the member retires or ceases covered employment under the system.

(30) Age in excess of seventy years shall be is considered to be seventy years.

ARTICLE 7B. TEACHERS' DEFINED CONTRIBUTION RETIREMENT SYSTEM.

§18-7B-2. Definitions.

As used in this article, unless the context clearly requires a different meaning:

(1) "Defined contribution system" or "system" means the teachers' defined contribution retirement system created and established by this article;

(2) "Existing retirement system" means the state teachers retirement system established in article seven-a of this chapter;

(3) "Existing employer" means any employer who employed or employs a member of the existing retirement system;

(4) "Consolidated board" or "board" means the consolidated public retirement board created and established pursuant to article ten-d, chapter five of this code;

(5) "Member" or "employee" means the following persons, if regularly employed for a full-time service position: (a) Any person employed for instructional service in the public schools of West Virginia; (b) principals; (c) public school librarians; (d) superintendents of schools and assistant county superintendents of schools; (e) any county school attendance director holding a West Virginia teacher's certificate; (f) the executive secretary of the retirement board; (g) members of the research, extension, administrative or library staffs of the public schools; (h) the state superintendent of schools, heads and assistant heads of the divisions under his or her supervision, or any other employee thereunder under the state superintend of schools performing services of an educational nature; (i) employees of the state board of education who are performing services of an educational nature; (j) any person
employed in a nonteaching capacity by the state board of education, any county board of education, the state department of education or the teachers retirement board, if such the person was formerly employed as a teacher in the public schools; (k) all classroom teachers, principals and educational administrators in schools under the supervision of the department division of corrections, the department of health and human resources or the department division of human services; (l) any person who is regularly employed for a full-time service position by any county board of education, the state board of education or the teachers retirement board; and (m) the administrative staff of the public schools including deans of instruction, deans of men and deans of women and financial and administrative secretaries;
(6) "Regularly employed for a full-time service position" means employment in a regular position or job throughout the employment term, including job-sharing arrangements as provided in article four, chapter eighteen-a of this code regardless of the number of hours or days worked or the method of pay;

(7) "Year of employment service" means employment for at least ten months, a month being defined as twenty employment days: Provided, That no more than one year of service may be accumulated in any twelve-month period;

(8) "Employer" means the agency of and within the state which has employed or employs a member;

(9) "Compensation" means the full compensation actually received by members for service whether or not a part of such the compensation is received from other funds, federal or otherwise, than those provided by the state or its subdivisions;

(10) "Public schools" means all publicly supported schools, including normal schools, colleges and universities in this state;

(11) "Member contribution" means an amount reduced from the employee's regular pay periods, and deposited into the member's individual annuity account within the defined contribution retirement system;

(12) "Employer contribution" means an amount deposited into the member's individual annuity account on a periodic basis coinciding with the employee's regular pay period by an employer from its own funds;

(13) "Annuity account" or "annuity" means an account established for each member to record the deposit of member contributions and employer contributions and interest, dividends or other accumulations credited on behalf of the member;

(14) "Retirement" means a member's withdrawal from the active employment of a participating employer and completion of
all conditions precedent to retirement;
(15) "Permanent, total disability" means a mental or physical incapacity requiring the absence from employment service for at least six months: Provided, That such the incapacity is shown by an examination by a physician or physicians selected by the board;

(16) "Plan year" means the twelve-month period commencing on the first day of July of any designated year and ending on the following thirtieth day of June;

(17) "Required beginning date" means the first day of April of the calendar year following the later of: (a) The calendar year in which the member attains age seventy one and one-half; or (b) the calendar year in which the member retires or otherwise ceases employment with a participating employer; and

(18) "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended.



NOTE: The purpose of this bill is to permit teachers employed in job-sharing positions to participate in the state retirement systems for teachers.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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