Introduced Version
House Bill 4136 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 4136
(By Delegate Webster)
[Introduced January 23, 2008; referred to the
Committee on Education 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 pregnancy leave buy-back by teachers who are
currently employed or retired.
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 make contributions for periods of
pregnancy.
(a) For the period of one year after the effective date of
this statute any public school or 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 the resignation, leave or
absence during which she did not make contributions to the Teachers
Retirement System if the employee or retiree meets all of the
following conditions:
(1) The employee or retiree was a member on the date she was
required to leave employment.
(2) The employee or retiree has earned a minimum of one year
of service credit to the date of her return to employment a
contributor to the Teachers Retirement System.
(3) The employee or retiree 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. Applicants 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, constitutes 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 teachers 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.
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 or 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.