H. B. 3059
(By Delegate Michael)
[Introduced
March 16, 2005
; referred to the
Committee on Pensions and Retirement then Finance.]
A BILL to amend and reenact §15-2A-2, §15-2A-
5, §15-2A-6, §15-2A-
7,
§15-2A-
8, §15-2A-9, §15-2A-10, §15-2A-
11, §15-2A-
12,
§15-2A-
13, §15-2A-
14 and
§15-2A-19
of the Code of West
Virginia, 1931, as amended; and to amend said code by adding
thereto three new sections, designated §15-2A-11a,
§15-2A-11b
and
§15-2A-
21, all relating to the West Virginia State Police
Retirement System; providing definitions for month of service
and years of service; lowering the normal retirement age;
specifying starting date of annuity; and eliminating any
reduction in the benefit of a State Police Officer who is
disabled on the job.
Be it enacted by the Legislature of West Virginia:
That
§15-2A-2, §15-2A-
5, §15-2A-6, §15-2A-
7, §15-2A-
8,
§15-2A-9, §15-2A-10, §15-2A-
11, §15-2A-
12, §15-2A-
13, §15-2A-
14 and
§15-2A-19
of the Code of West Virginia, 1931, as amended, be amended and reenacted; and to amend said code by adding thereto
three new sections, designated §15-2A-11a,
§15-2A-11b and
§15-2A-
21, all
to read as follows:
ARTICLE 2A. WEST VIRGINIA STATE POLICE RETIREMENT SYSTEM.
§15-2A-2. Definitions.
As used in this article, unless the context clearly requires
a different meaning:
(1) "Active military duty" means full-time active duty with
the armed forces of the United States, namely, the United States
Air Force, Army, Coast Guard, Marines or Navy; and service with the
National Guard or reserve military forces of any of the armed
forces when the member has been called to active full-time duty and
has received no compensation during the period of that duty from
any person other than the armed forces.
(2) "Base salary" means compensation paid to a member without
regard to any overtime pay.
(3) "Board" means the Consolidated Public Retirement Board
created pursuant to article ten-d, chapter five of this code.
(4) "Division" "Department" means the division of public
safety West Virginia State Police.
(5) "Final average salary" means the average of the highest
annual compensation received for employment with the division
Department, including compensation paid for overtime service,
received by the member during any five calendar years within the member's last ten years of service.
(6) "Fund" means the West Virginia State Police Retirement
Fund created pursuant to section four of this article.
(7) "Member" or "employee" means a person regularly employed
in the service of the division of public safety after the effective
date of this article.
overtime payments.
(8) "Salary" means the compensation of a member, excluding any
overtime payments.
(9) "Internal Revenue Code" means the Internal Revenue Code of
1986, as it has been amended.
(10) "Plan year" means the twelve-month period commencing on
the first day of July of any designated year and ending the
following thirtieth day of June.
(11) "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 he or she retires or otherwise separates
from service with the department.
(12) "Retirement system" or "system" means the West Virginia
state police retirement system created and established by this
article.
(7) "Internal Revenue Code" means the Internal Revenue Code of
1986, as it has been amended.
(8) "Law-enforcement officer" means individuals employed or
otherwise engaged in either a public or private position which
involves the rendition of services relating to enforcement of state
or local laws for the protection of public safety, including, but
not limited to, positions as deputy sheriffs, and police officers,
but excluding positions held by elected sheriffs or appointed
chiefs of police whose duties are purely administrative in nature.
(9) "Member" or "employee" means a person regularly employed
in the service of the Department after the effective date of this
article.
(10) "Month of service" means each month for which a member is
paid or entitled to payment for at least one hour of service for
which contributions were remitted to the Fund. These months shall
be credited to the member for the calendar year in which the duties
are performed.
(11) "Partially disabled" means a member's inability, on a
probably permanent basis, to perform the essential duties of a
law-enforcement officer by reason of any medically determinable
physical or mental impairment which has lasted or can be expected
to last for a continuous period of not less than twelve months, but
which impairment does not preclude the member from engaging in
other types of nonlaw-enforcement employment.
(12) "Physical or mental impairment" means an impairment that
results from an anatomical, physiological or psychological abnormality that is demonstrated by medically accepted clinical and
laboratory diagnostic techniques.
(13) "Plan year" means the twelve-month period commencing on
the first day of July of any designated year and ending the
following thirtieth day of June.
(14) "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 he or she retires or otherwise separates
from service with the Department.
(15) "Retirement system," "plan" or "system" means the West
Virginia State Police Retirement System created and established by
this article.
(16) "Salary" means the compensation of a member, excluding
any overtime payments.
(17) "Totally disabled" means a member's probably permanent
inability to engage in gainful activity by reason of any medically
determined physical or mental impairment that can be expected to
result in death or that has lasted or can be expected to last for
a continuous period of not less than twelve months. For purposes
of this subdivision, a member is totally disabled only if his or
her physical or mental impairments are so severe that he or she is
not only unable to perform his or her previous work as a member of
the Department but also cannot, considering his or her age, education and work experience, engage in any other kind of
substantial gainful employment which exists in the state regardless
of whether: (A) The work exists in the immediate area in which the
member lives; (B) a specific job vacancy exists; or (C) the member
would be hired if he or she applied for work.
(18) "Years of service" means the months of service acquired
by a member while in active employment with the Department divided
by twelve. Years of service shall be calculated in years and
fraction of a year from the date of active employment of the member
with the Department through the date of termination of employment
or retirement from the Department. If a member returns to active
employment with the Department following a previous termination of
employment with the Department, and such member has not received a
refund of contributions plus interest for such previous employment
under section eight, article two-a, chapter fifteen of this code,
service shall be calculated separately for each period of
continuous employment and years of service shall be the total
service of all such periods of employment. Years of service shall
exclude any periods of employment with the Department for which a
refund of contributions plus interest has been paid to the member,
unless the member repays such previous withdrawal as provided in
section eight, article two-a, chapter fifteen of this code, to
reinstate such years of service.
§15-2A-5. Members' contributions; employer contributions; forfeitures.
(a) There shall be deducted from the monthly payroll of each
member and paid into the Fund created pursuant to section four of
this article, twelve percent of the amount of his or her salary.
An additional twelve percent of the monthly salary of each member
of the Department shall be paid by the State of West Virginia
monthly into such Fund out of the annual appropriation for the
division Department.
(b) Notwithstanding any other provisions of this article,
forfeitures under the system shall not be applied to increase the
benefits any member would otherwise receive under the system.
§15-2A-6. Retirement; commencement of benefits.
A member may retire with full benefits upon either attaining
the age of fifty-five fifty and completing twenty twenty-five or
more years of service or attaining the age of fifty-two and
completing twenty years or more of service, by lodging with the
Consolidated Public Retirement Board his or her voluntary petition
in writing for retirement. A member who is less than age
fifty-five fifty may retire upon completing twenty twenty-five
years or more of service: Provided, That he or she will receive a
reduced benefit that is of equal actuarial value to the benefit the
member would have received if the member deferred commencement of
his or her accrued retirement benefit to the age of fifty-five
fifty.
When the Retirement Board retires a member with full benefits
under the provisions of this section, the Board, by order in
writing, shall make a determination that the member is entitled to
receive on annuity equal to two and three-fourths percent of his or
her final average salary multiplied by the number of years, and
fraction of a year, of his or her service in the division
Department at the time of retirement. The member's annuity shall
begin the first day of the calendar month following the month in
which his or her application for the same is filed or lodged with
the Board on or after his or her attaining age or service
requirements, and termination of employment.
In no event may the provisions of section thirteen, article
sixteen, chapter five be applied in determining eligibility to
retire with either a deferred or immediate commencement of benefit.
§15-2A-7. Annual annuity adjustment.
Every member of the division of public safety Department who
is sixty-three years of age or older and who is retired by the
Retirement Board under the provisions of section six of this
article; every member who is retired under the provisions of
section nine or ten of this article; and every surviving spouse
receiving a benefit pursuant to section twelve, thirteen or
fourteen of this article is eligible to receive an annual
retirement annuity adjustment equal to one percent of his or her
retirement award or surviving spouse award. Such adjustments may not be retroactive. Yearly adjustments shall begin upon the first
day of July of each year. The annuity adjustments shall be awarded
and paid to a member from the Fund in equal monthly installments
while the member is in status of retirement. The annuity
adjustments shall supplement the retirement awards and benefits
provided in this article.
Any member or beneficiary who receives a benefit pursuant to
the provisions of section nine, ten, twelve, thirteen or fourteen
of this article shall begin to receive the annual annuity
adjustment one year after the commencement of the benefit on the
next July first: Provided,
That if the member has been retired for
less than one year when the first annuity adjustment is given on
that July first, that first annuity adjustment will be a pro rata
share of the full year's annuity adjustment.
§15-2A-8. Refunds to certain members upon discharge or
resignation; deferred retirement.
(a) Any member who shall be discharged by order of the
Superintendent or shall otherwise terminate employment with the
division Department shall, at the written request of the member to
the Retirement Board, be entitled to receive from the Retirement
Fund a sum equal to the aggregate of the principal amount of moneys
deducted from the salary of the member and paid into the Retirement
Fund plus four percent interest compounded thereon calculated
annually as provided and required by this article.
(b) Any member withdrawing contributions who may thereafter be
reenlisted as a member of the division Department shall not receive
any prior service credit on account of the former service, unless
following his or her reenlistment the member shall redeposit in the
Fund the amount of the refund, together with interest thereon at
the rate of seven and one-half percent per annum from the date of
withdrawal to the date of redeposit, in which case he or she shall
receive the same credit on account of his or her former service as
if no refund had been made.
(c) Every member who completes ten years of service with the
division of public safety Department is eligible, upon separation
of employment with the division Department, to either withdraw his
or her contributions in accordance with subsection (a) of this
section, or to choose not to withdraw his or her accumulated
contributions with interest. Upon attainment of age sixty-two, a
member who chooses not to withdraw his or her contributions will be
eligible to receive a retirement annuity. The annuity shall be
payable during the lifetime of the member, and shall be in the
amount of his or her accrued retirement benefit as determined under
section six of this article. The retiring member may choose, in
lieu of such a life annuity, an annuity in reduced amount payable
during the member's lifetime, with one half of the reduced monthly
amount paid to his or her surviving spouse if any, for the spouse's
remaining lifetime after the death of the member. Reduction of such monthly benefit amount shall be calculated to be of equal
actuarial value to the life annuity the member could otherwise have
chosen. Any member choosing to receive the deferred annuity under
this subsection is not eligible to receive the annual annuity
adjustment provided in section seven of this article.
§15-2A-9. Awards and benefits for disability - Incurred in
performance of duty.
(a) Except as otherwise provided in this section, any member
of the division Department who has not yet entered retirement
status on the basis of age and service and who has been or shall
become physically or mentally permanently becomes disabled by
injury, illness or disease resulting from any occupational risk or
hazard inherent in or peculiar to the services required of members
of the division Department and incurred pursuant to or while the
member was or shall be engaged in the performance of his or her
duties as a member of the division Department shall, if, in the
opinion of the Retirement Board, he or she is by reason of such
cause, unable to perform adequately the duties required of him or
her as a member of the division Department, but is able to engage
in other gainful employment in a field other than law-enforcement,
be retired from active service by the Board. The member shall
thereafter be entitled to receive annually and there shall be paid
to the member from the Fund in equal monthly installments during
the lifetime of the member, or until the member attains the age of fifty-five or until such disability shall sooner terminate, one or
the other of two amounts, whichever is greater:
(1) An amount equal to six tenths of the base salary received
in the preceding twelve-month employment period: Provided, That if
the member had not been employed with the division Department for
twelve months prior to the disability, the amount of monthly salary
shall be annualized for the purpose of determining the benefit; or
(2) The sum of six thousand dollars.
Upon attaining age fifty-five fifty, the member shall receive
the benefit provided for in section six of this article, if it is
a higher benefit than the benefit the member is receiving under the
disability provisions set out above, as it would apply to his or
her final average salary based on earnings from the division
Department through the day immediately preceding his or her
disability. The recalculation of benefit upon a member attaining
age fifty-five fifty shall be deemed to be a retirement under the
provisions of section six of this article, for purposes of
determining the amount of annual annuity adjustment and for all
other purposes of this article. A benefit received by a member
based on a disability as set out above may not be reduced during
the lifetime of the member: Provided, That a member who is
partially disabled under this article may not, while in receipt of
benefits for partial disability, be employed as a law-enforcement
officer: Provided however, That a member retired on a partial disability under this article may serve as an elected sheriff or
appointed chief of police in the state without a loss of disability
retirement benefits so long as such elected or appointed position
is shown to the satisfaction of the Board, to require the
performance of administrative duties and functions only, as opposed
to the full range of duties of a law-enforcement officer.
(b) If Any member who has not yet entered retirement status on
the basis of age and service and who shall become becomes
permanently physically or mentally disabled by injury, illness or
disease on a probably permanent basis resulting from any
occupational risk or hazard inherent in or peculiar to the services
required of members of the division Department and incurred
pursuant to or while such member was or shall be engaged in the
performance of his or her duties as a member of the division
Department to the extent that the member is or shall be
incapacitated ever to engage in any gainful employment, the member
shall be entitled to receive annually, and there shall be paid to
such member from the Fund in equal monthly installments during the
lifetime of the member or until such disability shall sooner
terminate, an amount equal to the amount of the base salary
received by the member in the preceding twelve-month employment
period.
The Superintendent of the division Department is authorized to
expend moneys from funds appropriated for the division Department in payment of medical, surgical, laboratory, X ray, hospital,
ambulance and dental expenses and fees, and reasonable costs and
expenses incurred in the purchase of artificial limbs and other
approved appliances which may be reasonably necessary for any
member of the division Department who has or shall become
temporarily, permanently or totally disabled by injury, illness or
disease resulting from any occupational risk or hazard inherent in
or peculiar to the service required of members of the division
Department and incurred pursuant to or while the member was or
shall be engaged in the performance of duties as a member of the
division Department. Whenever the Superintendent shall determine
that any disabled member is ineligible to receive any of the
aforesaid benefits at public expense, the Superintendent shall, at
the request of the disabled member, refer such matter to the Board
for hearing and final decision.
§15-2A-10. Same - Due to other causes.
(a) If any member while in active service of the division
Department has or shall, in the opinion of the board, become
becomes permanently partially or totally disabled on a probably
permanent basis to the extent that he or she the member cannot
adequately perform the duties required of a member of the division
Department for any cause other than those set forth in the
preceding section and not due to vicious habits, intemperance or
willful misconduct on his or her part, the member shall be retired by the Board. There shall be paid to the member from the Fund in
equal monthly installments, commencing on the date the member shall
be retired and continuing during the lifetime of the member, or
until the member attains the age of fifty-five fifty-two; while in
status of retirement an amount equal to one-half the base salary
received by the member in the preceding twelve-month period:
Provided, That if the member had not been employed with the
division Department for twelve months prior to the disability, the
amount of the monthly salary shall be annualized for the purpose of
determining the benefit.
(b) Upon attaining age fifty-five fifty, the member shall
receive the benefit provided for in section six of this article as
it would apply to his or her final average salary based on earnings
from the division Department through the day immediately preceding
his or her disability. The recalculation of benefit upon a member
attaining age fifty-five fifty shall be deemed to be a retirement
under the provisions of section six of this article, for purposes
of determining the amount of annual annuity adjustment and for all
other purposes of this article.
§15-2A-11. Same -- Physical examinations; termination.
The Board may require any member who has been or who shall be
retired with compensation on account of disability to submit to a
physical and/or mental examination by a physician or physicians
selected or approved by the Retirement Board and cause all costs incident to such examination including hospital, laboratory, X ray,
medical and physicians' fees to be paid out of funds appropriated
to defray the current expenses of the division Department, and a
report of the findings of such physician or physicians shall be
submitted in writing to the Board for its consideration. If, from
the report or from the report and hearing thereon, the Board shall
be of opinion and find that the disabled member shall have
recovered from such disability to the extent that he or she is able
to perform adequately the duties of a member of the division
law-enforcement officer, the Board shall order the member to
reassume active duty as a member of the division and thereupon that
all payments from the Fund shall be terminated. If, from the
report or the report and hearing thereon, the Board shall be of the
opinion and find that the disabled member has recovered from the
his or her previously determined probable permanent disability to
the extent that he or she is able to engage in any gainful
employment but unable to adequately perform the duties required as
a member of the division of a law-enforcement officer, the Board
shall order in the case of a member retired under the provisions of
section nine of this article that the disabled member be paid from
the Fund an amount equal to six tenths of the base salary paid to
the member in the last twelve-month employment period. The Board
shall order in the case of a member retired under the provisions of
section ten of this article that the disabled member be paid from the Fund an amount equal to one fourth of the base salary paid to
the member in the last twelve-month employment period: Provided,
That if the member had not been employed with the division
Department for twelve months prior to the disability, the amount of
monthly salary shall be annualized for the purpose of determining
the benefit.
§15-2A-11a. Physical examinations of prospective members;
application for disability benefit; determinations.
(a) Not later than thirty days after an employee becomes a
member of the Fund, the employer shall forward to the Board a copy
of the physician's report of a physical examination which
incorporates the standards or procedures described in section
seven, article two of this chapter. A copy of the physician's
report shall be placed in the employee's retirement system file
maintained by the Board.
(b) Application for a disability benefit may be made by a
member or, if the member is under an incapacity, by a person acting
with legal authority on the member's behalf. After receiving an
application for a disability benefit from a member or a person
acting with legal authority on behalf of the member, the Board
shall notify the Superintendent of the Department that an
application has been filed: Provided, That when, in the judgment
of the Superintendent, a member is no longer physically or mentally
fit for continued duty as a member of the West Virginia State Police and the member has failed or refused to make application for
disability benefits under this article, the Superintendent may
petition the Board to retire such member on the basis of disability
pursuant to rules which may be established by the Board. Within
thirty days of the Superintendent's receipt of the notice from the
Board or the filing of the Superintendent's position on the work
relatedness of the member's alleged disability, complete copies of
the member's medical file and any other information requested by
the Board in its processing of the application.
(c) The Board shall adopt rules relating to the processing of
applications and petitions for disability retirement under this
article.
(d) The Board shall notify a member and the Superintendent of
its final action on the disability application or petition within
ten days of the Board's final action. The notice shall be sent by
certified mail, return receipt requested. If either the member or
the Superintendent is aggrieved by the decision of the Board and
intends to pursue judicial review of the Board's decision as
provided in section four, article five, chapter twenty-nine-a of
this code, the party so aggrieved shall notify the Board within
twenty days of the member's or Superintendent's receipt of the
Board's notice that they intend to pursue judicial review of the
decision. The Board retains the discretion to not commence payment
of a disability retirement under the provisions of this article if either the member or the Superintendent of the West Virginia State
Police has notified the Board of an intent to pursue judicial
review, until the statutory time limit has expired for the filing
of actions seeking judicial review, or until final judgment on any
action seeking judicial review has expired, or until final judgment
on any action seeking judicial review under section four, article
five, chapter twenty-nine-a, whichever is later.
(e) The Board may require a total disability benefit recipient
to file an annual statement of earnings and any other information
required in rules which may be adopted by the Board. The Board may
waive the requirement that a disability benefit recipient file the
annual statement of earnings if the Board's physician certifies
that the recipient's disability is ongoing. The Board shall
annually examine the information submitted by the recipient. If a
disability recipient refuses to file the statement or information,
the disability benefit shall be suspended until the statement and
information are filed. If the refusal continues for one year, the
recipient's right to the disability benefit shall be terminated
retroactive to the original suspension.
§15-2A-11b. Annual report on each employer's disability
retirement experience.
Not later than the first day of January, two thousand six, and
each first day of January thereafter, the Board shall prepare a
report for the preceding fiscal year of the disability retirement experience of the State Police. The report shall specify the total
number of disability applications submitted, the status of each
application as of the last day of the fiscal year, total
applications granted or denied, and the percentage of disability
benefit recipients to the total number of the State Police
employees who are members of the Fund. The report shall be
submitted to the Governor and the chairpersons of the standing
committees of the Senate and House of Delegates with primary
responsibility for retirement legislation.
§15-2A-12. Awards and benefits to dependents of member - When
member dies in performance of duty, etc.; dependent
child scholarship and amount.
The surviving spouse, the dependent child or children or
dependent parent or parents of any member who has lost or loses his
or her life by reason of injury, illness or disease resulting from
an occupational risk or hazard inherent in or peculiar to the
service required of members while the member was or is engaged in
the performance of his or her duties as a member of the division
Department, or the survivor of a member who dies from any cause
after having been retired pursuant to the provisions of section
nine of this article, is entitled to receive and shall be paid from
the Fund benefits as follows: To the surviving spouse annually, in
equal monthly installments during his or her lifetime, one or the
other of two amounts, which shall become immediately available and which shall be the greater of:
(1) An amount equal to nine tenths of the base salary received
in the preceding twelve-month employment period by the deceased
member: Provided, That if the member had not been employed with
the division Department for twelve months prior to his or her
death, the amount of monthly salary shall be annualized for the
purpose of determining the benefit; or
(2) The sum of ten thousand dollars.
In addition thereto, the surviving spouse is entitled to
receive and there shall be paid to that person, one hundred fifty
dollars monthly for each dependent child or children. If the
surviving spouse dies or if there is no surviving spouse, there
shall be paid monthly to each dependent child or children from the
Fund a sum equal to one third of the surviving spouse's
entitlement. If there is no surviving spouse and no dependent
child or children, there shall be paid annually in equal monthly
installments from the Fund to the dependent parents of the deceased
member during their joint lifetimes, a sum equal to the amount
which a surviving spouse, without children, would have received:
Provided, That when there is but one dependent parent surviving,
that parent is entitled to receive during his or her lifetime
one-half the amount which both parents, if living, would have been
entitled to receive.
Any person qualifying as a surviving dependent child under this section is, in addition to any other benefits due under this
or other sections of this article, entitled to receive a
scholarship to be applied to the career development education of
that person. This sum, up to but not exceeding seven thousand five
hundred forty-five thousand dollars, shall be paid from the Fund to
any university or college in this state or to any trade or
vocational school or other entity in this state approved by the
Board, to offset the expenses of tuition, room and board, books,
fees or other costs incurred in a course of study at any of these
institutions so long as the recipient makes application to the
Board on an approved form and under any rules the Board provides
and maintains scholastic eligibility as defined by the institution
or the Board. The Board may by appropriate rules define age
requirements, physical and mental requirements, scholastic
eligibility, disbursement methods, institutional qualifications and
other requirements as necessary and not inconsistent with this
section.
Awards and benefits for a surviving spouse or dependents of a
member received under any section or any of the provisions of this
retirement system shall be in lieu of receipt of any benefits for
these persons under the provisions of any other state retirement
system. Receipt of benefits under any other state retirement
system shall be in lieu of any right to receive any benefits under
this retirement system, so that only a single receipt of state retirement benefits shall occur.
§15-2A-13. Same -- When member dies from nonservice-connected
causes.
In any case where a member while in active service of the
division Department, before having completed twenty years of
service as a member of the division Department, has died or shall
die from any cause other than those specified in this article and
not due to vicious habits, intemperance or willful misconduct on
his or her part, there shall be paid annually in equal monthly
installments from the Fund to the surviving spouse of the member
during his or her lifetime, or until such time as the surviving
spouse remarries, a sum equal to one half of the base salary
received in the preceding twelve-month employment period by the
deceased member: Provided,
That if the member had not been
employed with the division Department for twelve months prior to
the disability, the amount of monthly salary shall be annualized
for the purpose of determining the benefit. If there is no
surviving spouse or the surviving spouse dies or remarries, there
shall be paid monthly to each dependent child or children from the
Fund a sum equal to one fourth of the surviving spouse's
entitlement. If there are is no surviving spouse and no dependent
child or children, there shall be paid annually in equal monthly
installments from the Fund to the dependent parents of the deceased
member during their joint lifetimes, a sum equal to the amount that a surviving spouse would have been entitled to receive: Provided,
however,
That when there is but one dependent parent surviving,
then, that parent shall be entitled to receive during his or her
lifetime one-half the amount which both parents, if living, would
have been entitled to receive.
§15-2A-14. Awards and benefits to dependents of member -- When
member dies after retirement or after serving twenty
years.
When any member of the division Department has completed
twenty years of service or longer as a member of the division
Department and has died or shall die from any cause or causes other
than those specified in this article before having been retired by
the Board, and when a member in retirement status has died or shall
die after having been retired by the Board under the provisions of
this article, there shall be paid annually in equal monthly
installments from the Fund to the surviving spouse of the member,
commencing on the date of the death of the member and continuing
during the lifetime or until remarriage of the surviving spouse, an
amount equal to two thirds of the retirement benefit which the
deceased member was receiving while in status of retirement, or
would have been entitled to receive to the same effect as if the
member had been retired under the provisions of this article
immediately prior to the time of his or her death. In no event
shall the annual benefit payable be less than five thousand dollars. In addition thereto, the surviving spouse is entitled to
receive and there shall be paid to the surviving spouse from the
Fund, the sum of one hundred dollars monthly for each dependent
child or children. If the surviving spouse dies or remarries, or
if there is no surviving spouse, there shall be paid monthly from
the Fund to each dependent child or children of the deceased member
a sum equal to one fourth of the surviving spouse's entitlement.
If there is no surviving spouse or no surviving spouse eligible to
receive benefits and no dependent child or children, there shall be
paid annually in equal monthly installments from the Fund to the
dependent parents of the deceased member during their joint
lifetimes, a sum equal to the amount which a surviving spouse
without children would have been entitled to receive: Provided,
That, when there is but one dependent parent surviving, that parent
shall be entitled to receive during his or her lifetime one-half
the amount which both parents, if living, would have been entitled
to receive.
The member may choose a higher percentage of surviving spouse
benefits by taking an actuarially determined reduced initial
benefit so that the chosen spouse benefit and initial benefit would
be actuarially equivalent to the normal spouse benefit and initial
benefit. The Retirement Board shall design these benefit options
and provide them as choices for the member to select. For the
purposes of this subsection, "initial benefit" means the benefit received by the member upon retirement.
§15-2A-19. Credit toward retirement for member's prior military
service; credit toward retirement when member has
joined armed forces in time of armed conflict;
qualified military service.
(a) Any member who has previously served on active military
duty is entitled to receive additional credited service for the
purpose of determining the amount of retirement award under the
provisions of this article for a period equal to the active
military duty not to exceed five years, subject to the following:
(1) That he or she has been honorably discharged from the
armed forces;
(2) That he or she substantiates by appropriate documentation
or evidence his or her period of active military duty;
(3) That he or she is receiving no benefits from any other
retirement system for his or her active military duty; and
(4) That, except with respect to disability retirement pay
awarded under this article, he or she has actually served with the
division Department for twenty years exclusive of his or her active
military duty.
(b) In addition, any person who while a member of the division
Department was commissioned, enlisted or inducted into the armed
forces of the United States or, being a member of the reserve
officers' corps, was called to active duty in the armed forces between the first day of September, one thousand nine hundred
forty, and the close of hostilities in World War II, or between the
twenty-seventh day of June, one thousand nine hundred fifty, and
the close of the armed conflict in Korea on the twenty-seventh day
of July, one thousand nine hundred fifty-three, between the first
day of August, one thousand nine hundred sixty-four, and the close
of the armed conflict in Vietnam, or during any other period of
armed conflict by the United States whether sanctioned by a
declaration of war by Congress or by executive or other order of
the President, is entitled to and shall receive credit on the
minimum period of service required by law for retirement pay from
the service of the division of public safety Department, or its
predecessor agency, for a period equal to the full time that he or
she has or, pursuant to that commission, enlistment, induction or
call, shall have served with the armed forces subject to the
following:
(1) That he or she has been honorably discharged from the
armed forces;
(2) That within ninety days after honorable discharge from the
armed forces, he or she presented himself or herself to the
Superintendent and offered to resume service as an active member of
the division Department; and
(3) That he or she has made no voluntary act, whether by
reenlistment, waiver of discharge, acceptance of commission or otherwise, to extend or participate in extension of the period of
service with the armed forces beyond the period of service for
which he or she was originally commissioned, enlisted, inducted or
called.
(c) The total amount of military service credit allowable
under this section may not exceed five years for any member of the
division Department.
(d) Notwithstanding the preceding provisions of this section,
contributions, benefits and service credit with respect to
qualified military service shall be provided in accordance with
Section 414(u) of the Internal Revenue Code. For purposes of this
section, "qualified military service" has the same meaning as in
Section 414(u) of the Internal Revenue Code. The Retirement Board
is authorized to determine all questions and make all decisions
relating to this section and, pursuant to the authority granted to
the Retirement Board in section one, article ten-d, chapter five of
this code, may promulgate rules relating to contributions, benefits
and service credit to comply with Section 414(u) of the Internal
Revenue Code.
§15-2A-21. Retirement credited service through member's use, as
option, of accrued annual or sick leave days.
Any member accruing annual leave or sick leave days may, after
the effective date of this section, elect to use the days at the
time of retirement to acquire additional credited service in this retirement system: Provided, That the accrued annual or sick leave
may not be used to purchase health insurance under the Public
Employees Insurance Agency until the member reaches the age of
fifty-five. The days shall be applied on the basis of two work
days's credit granted for each one day of accrued annual or sick
leave days, with each month of retirement service credit to equal
twenty workdays and with any remainder of ten workdays or more to
constitute a full month of additional credit and any remainder of
less than ten workdays to be dropped and not used, notwithstanding
any provisions of this code to the contrary. The credited service
shall be allowed and not considered to controvert the requirement
of no more than twelve months' credited service in any year's
period.
NOTE: The purpose of this bill is to lower the normal
retirement age for State Police officers; specify starting date of
annuity; and eliminate any reduction in the benefit of a State
Police officer who is disabled on the job.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§§15-2A-11a, 15-2A-11b and 15-2A-21 are new; therefore,
strike-throughs and underscoring have been omitted.
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