Senate Bill No. 458
(By Senators White, Chafin and Kessler)
[Introduced March 5, 2009; referred to the Committee on Pensions;
and then to the Committee on Finance.]
A BILL to amend and reenact §18-7A-13a of the Code of West
Virginia, 1931, as amended, relating to lifting the cap on the
number of days that certain retired teachers can work and
continue to draw their retirement benefits from the State
Teachers Retirement System.
Be it enacted by the Legislature of West Virginia:
That §18-7A-13a of the Code of West Virginia, 1931, as
amended, be amended and reenacted, to read as follows:
ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.
§18-7A-13a. Resumption of service by retired teachers.
(a) For the purpose of this section, reemployment of a former
or retired teacher as a teacher shall in no way impair the
teacher's eligibility for a prior service pension or any other
benefit provided by this article.
(b) Retired teachers who qualified for an annuity because of age or service may not receive prior service allowance from the
retirement board when employed as a teacher and when regularly
employed by the State of West Virginia. The payment of the
allowance shall be discontinued on the first day of the month
within which such employment begins and shall be resumed on the
first day of the month succeeding the month within which such
employment ceases. The annuity paid the teacher on first
retirement resulting from the Teachers' Accumulation Fund and the
Employers' Accumulation Fund shall continue throughout the
governmental service and thereafter according to the option
selected by the teacher upon first retirement.
Retired teachers who qualified for an annuity because
of disability shall receive no further retirement payments if the
retirement board finds that the disability of the teacher no longer
exists; payment shall be discontinued on the first day of the month
within which the finding is made. If the retired teacher returns
to service as a teacher, he or she shall contribute to the
Teachers' Accumulation Fund as a member of the system. His or her
prior service eligibility, if any, shall not be impaired because of
his or her disability retirement. His or her accumulated
contributions which were transferred to the benefit fund upon his
or her retirement shall be returned to his or her individual
account in the Teachers' Accumulation Fund, minus retirement
payments received which were not supported by such contributions and interest. Upon subsequent retirement, he or she shall receive
credit for all of his or her contributory experience, anything to
the contrary in this article notwithstanding.
Notwithstanding any provision of this code to the
contrary, a person who retires under the system provided by this
article may subsequently become employed on either a full-time
basis, part-time basis or contract basis by any institution of
higher education without any loss of retirement annuity or
if the person's retirement commences between
the effective date of the enactment of this section in 2002 and
December 31, 2002 : Provided, That However,
the person shall not
be eligible to participate in any other state retirement system
provided by this code.
The retirement board is herewith authorized to require
of the retired teachers and their employers such reports as it
deems necessary to effectuate the provisions of this section.
NOTE: This bill shall lift the cap on the number of days that
certain retired teachers can work and continue to draw their
retirement benefits from the State Teachers Retirement System.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would