H. B. 2156
(By Delegate Duke)
[Introduced January 12, 2011; referred to the
Committee on Pensions and Retirement then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-7A-14c, relating to allowing a public school employee or retiree who was forced to miss work as a result of a pregnancy to purchase up to one year of service credit in the Teachers Retirement System.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §18-7A-14c, to read as follows:
ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.
§18-7A-14c. Members’ option to purchase service credit for work missed as a result of pregnancy.
(a) For the period of one year after effective date of this section any public school employee or retiree who was required to resign, take a leave or otherwise be absent from work due to pregnancy prior to the time it was medically necessary, may purchase service credit for the period of such resignation, leave or absence during which she did not make contributions to the Teachers Retirement System if she meets all the following conditions:
(1) She was a member on the date she was required to leave employment;
(2) She has earned a minimum of one year of service credit subsequent to the date of her return to employment as a contributor to the Teachers Retirement System; and
(3) She is presently a member of the Teachers Retirement System or a retiree receiving benefits under that system.
(b) Service credit purchased by persons meeting the criteria in subsection (a) of this section may not exceed the lesser of one year or an amount equal to the period from the effective date of her absence due to pregnancy to the date of return to employment as a contributing member. Service credit may be purchased for more than one period of required absence due to pregnancy but the total service credit may not exceed five years. The Consolidated Public Retirement Board shall create a form for application for service credit pursuant to this service. An applicant must submit evidence satisfactory to the retirement board that she meets the requirements of this section. A sworn and notarized statement that she was required by school policy, practice or administrators to be absent from work due to pregnancy prior to the time it was medically necessary, will constitute satisfactory evidence.
(c) For each year of service credit purchased under this section:
(1) The applicant shall pay the retirement system an amount equal to the contributions she would have paid for the period had she not been absent as a contributor.
(2) An applicant may purchase all or any portion of the service credit to which she is entitled under this section and once the service is purchased it may be used to meet the retirement eligibility requirement for the teacher retirement plan.
(d) The annuity paid to any person entitled to service credit under this section who is presently retired shall be recalculated to include the service credit purchased pursuant to this section. Additionally, the retirement system shall pay to the retiree in a single payment the difference between the amount of annuity she has already received and the amount she would have received had she received the additional service credit at the time of her initial retirement.
NOTE: The purpose of this bill is to allow a public school employee or retiree who was forced to miss work as a result of a pregnancy to purchase up to one year of service credit in the Teachers Retirement System.
§18-7A-14c is new; therefore, it has been completely underscored.