H. B. 3139
(By Mr. Speaker, Mr. Kiss, (By Request))
[Introduced March 22, 2005; referred to the
Committee on Pensions and Retirement.]
A BILL to amend and reenact §5-10-15b of the Code of West Virginia,
1931, as amended, relating to the Public Employees Retirement
System; permitting up to five years of service credit for non-
covered public employment; requiring certain contributions;
and providing that such service credit may not be used for
meeting eligibility requirements for retirement or vesting.
Be it enacted by the Legislature of West Virginia:
That §5-10-15b 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.
§5-10-15b. Credit for other public employment.
(a) Any member of the retirement system who has previously
been employed in
noncovered public employment in
this or any other
state of the United States is entitled to receive credited service
for the time of
that public employment
in that state, not to exceed
five years, if the member substantiates by appropriate
documentation or evidence his or her
other public employment
in another state and makes contributions as required:
Provided, That
the employee is not entitled to receive the credited service if the
employee is vested or entitled to be vested in a retirement system
of the state in which the employment credit was earned and the
employee is entitled to service credit in that retirement system
for the employment period for which the applicant seeks credited
service in West Virginia:
Provided, however, That
the any such
service credit
from the other state may not be used to meet West
Virginia's eligibility requirements for retirement or vesting.
Employees entitled to
out-of-state such other service credit
under the provisions of this section shall make additional
contribution to the retirement system equal to the actuarial
equivalent of the amount which would have been contributed,
together with earnings thereon, by the employee and the employer,
had the employee been covered during the period of the retroactive
service credit.
(b) In any case of doubt as to the period of service to be
credited a member under the provisions of this section, the board
of trustees has the final power to determine this period.
NOTE: The purpose of this bill is to allow service credit
under the Public Employees Retirement System for up to five years
of other public service.
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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