ENGROSSED
H. B. 4003
(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
[Introduced January 14, 2004; referred to the
Committee on Pensions and Retirement then Finance.]
A BILL to amend and reenact §15-2A-2, §15-2A-6, §15-2A-9 and §15-
2A-10 of the code of West Virginia, 1931, as amended, 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 §12-2A-2, §15-2A-6, §15-2A-9 and §15-2A-10 of the code of
West Virginia, 1931, as amended, be amended and reenacted, 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" means the division of public safety.
(5) "Final average salary" means the average of the highest
annual compensation received for employment with the division,
including compensation paid for overtime service, received by the
member during any five 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.
(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.
(13) "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.
(14) "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 of this article, service shall be calculated
separately for each period of continuous employment and "years of
service" shall be the total service for 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 for in section eight of this
article to reinstate such years of service.
§15-2A-6. Retirement; commencement of benefits.
A member may retire with full benefits upon attaining the age
of fifty-five fifty-two and completing twenty or more years 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-two may retire upon
completing twenty 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-two.
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-9. Awards and benefits for disability - Incurred in
performance of duty.
Any member of the division who has been or shall become
physically or mentally permanently 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 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
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, but is able to
engage in other gainful employment 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 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-two, 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
through the day immediately preceding his or her disability. The
recalculation of benefit upon a member attaining age
fifty-five
fifty-two 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.
If any member shall become permanently physically or mentally
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 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 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 is authorized to expend
moneys from funds appropriated for the division 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 who has or shall become temporarily, permanently or
totally disabled by injury, peculiar to the service required of
members of the division and incurred pursuant to or while the
member was or shall be engaged in the performance of duties as a member of the division. 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.
If any member while in active service of the division has or
shall, in the opinion of the board, become permanently disabled to
the extent that he or she cannot adequately perform the duties
required of a member of the division 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 for twelve months prior to the
disability, the amount of the monthly salary shall be annualized
for the purpose of determining the benefit.
Upon attaining age
fifty-five fifty-two, 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 through the day immediately preceding his or her
disability. The recalculation of benefit upon a member attaining
age
fifty-five fifty-two 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.
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