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Introduced Version House Bill 2664 History

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hb2664 intr
H. B.2664

(By Delegates Craig, Leach, Morgan and Stephens)

[Introduced February 24, 2005; Referred to the

Committee on Political Subdivisions then the Judiciary.]






A BILL to amend and reenact §5-10-18 of the code of West Virginia, 1931, as amended, relating to providing that after a specified date no person employed by River Valley Child Development Services, Inc. may be a member; providing for withdrawal from system without forfeiture of service credit; specifying time periods; requiring pension plan in lieu of public employees retirement system by River Valley Child Development, Inc.; notice; and option.

Be it enacted by the Legislature of West Virginia:
That §5-10-18 of the code of West Virginia, 1931, as amended, be amended and reenacted, to read as follows:
ARTICLE 10. WEST VIRGINIA PUBLIC EMPLOYEES RETIREMENT ACT.
§5-10-18. Termination of membership; reentry.
(a) When a member of the retirement system retires or dies, he or she ceases to be a member. When a member leaves the employ of a participating public employer for any other reason, he or she ceases to be a member and forfeits service credited to him or her at that time. If he or she becomes reemployed by a participating public employer he or she shall be reinstated as a member of the retirement system and his or her credited service last forfeited by him or her shall be restored to his or her credit: Provided, That he or she must be reemployed for a period of one year or longer to have the service restored: Provided, however, That he or she returns to the members' deposit fund the amount, if any, he or she withdrew from the fund, together with regular interest on the withdrawn amount from the date of withdrawal to the date of repayment, and that the repayment begins within two years of the return to employment and that the full amount is repaid within five years of the return to employment.
(b) The Prestera center for mental health services, valley comprehensive mental health center, Westbrook health services and eastern panhandle mental health center, and their successors in interest, shall provide for their employees a pension plan in lieu of the public employees retirement system during the existence of the named mental health centers and their successors in interest.
(c) The administrative bodies of the Prestera center for mental health services, valley comprehensive mental health center, Westbrook health services and eastern panhandle mental health center shall, on or before the first day of May, one thousand nine hundred ninety-seven, give written notice to each employee who is a member of the public employees retirement system of the option to withdraw from or remain in the system. The notice shall include a copy of this section and a statement explaining the member's options regarding membership. The notice shall include a statement in plain language giving a full explanation and actuarial projection figures in support of the explanation regarding the individual member's current account balance, vested and nonvested, and his or her projected return upon remaining in the public employees retirement system until retirement, disability or death, in comparison with the projected return upon withdrawing from the public employees retirement system and joining a private pension plan provided by the community mental health center and remaining therein until retirement, disability or death. The administrative bodies shall keep in their respective records a permanent record of each employee's signature confirming receipt of the notice.
(d) Effective the first day of March, two thousand three, and ending the thirty-first day of December, two thousand four, any member may purchase credited service previously forfeited by him or her and the credited service shall be restored to his or her credit: Provided, That he or she returns to the members' deposit fund the amount, if any, he or she withdrew from the fund, together with interest on the withdrawn amount from the date of withdrawal to the date of repayment at a rate to be determined by the board. The repayment under this section may be made by lump sum or repaid over a period of time not to exceed sixty months. Where the member elects to repay the required amount other than by lump sum, the member is required to pay interest at the rate determined by the board until all sums are fully repaid.
(e) Effective the first day of July, two thousand five and continuing through the first day of two thousand six, any employee of River Valley Child Development Services, Inc. who is a member of the retirement system may elect to withdraw from membership without forfeiting service credited to him or her.
(f) River Valley Child Development Services, Inc. and their successors in interest shall provide for their employees a pension plan in lieu of the public employees retirement system on or before the first day of July, two thousand five, and continuing thereafter during the existence of the named River Valley and its successors in interest.
(g)
The administrative bodies of River Valley Child Development Services, Inc. shall, on or before the first day of May, two thousand five, give written notice to each employee who is a member of the public employees retirement system of the option to withdraw from or remain in the system. The notice shall include a copy of this section and a statement explaining the member's options regarding membership. The notice shall include a statement in plain language giving a full explanation and actuarial projection figures in support of the explanation regarding the individual member's current account balance, vested and nonvested, and his or her projected return upon remaining in the public employees retirement system until retirement, disability or death, in comparison with the projected return upon withdrawing from the public employees retirement system and joining a private pension plan provided by River Valley Child Development Center, Inc. and remaining therein until retirement, disability or death. The administrative bodies shall keep in their respective records a permanent record of each employee's signature confirming receipt of the notice.

NOTE: The purpose of this bill is to allow the employees of the River Valley Child Development Center to elect to withdraw from PERS. The River Valley Child Development Center shall provide a retirement plan in lieu of PERS.


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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