H. B. 2577
(By Delegates Duke, Tabb and Blair)
[Introduced February 18, 2009; 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.
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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