H. B. 2189
(By Delegates Stewart and Prezioso)
[Introduced February 18, 1993; referred to the
Committee on Pensions and Retirement then Finance.]
A BILL to amend and reenact section forty-eight, article ten,
chapter five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the amount of
income a retirant under the West Virginia public employees
retirement act may receive from temporary employment by a
participating public employer.
Be it enacted by the Legislature of West Virginia:
That section forty-eight, article ten, chapter five of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 10. WEST VIRGINIA PUBLIC EMPLOYEES RETIREMENT ACT.
§5-10-48. Reemployment after retirement; option for holder of
elected public office.
(a) In the event a retirant becomes employed by a
participating public employer, payment of his or her annuity
shall be suspended during the period of his or her reemployment
and he or she shall become a contributing member to theretirement system. If his or her reemployment is for a period of
one year or longer, his or her annuity shall be recalculated and
he or she shall be granted an increased annuity due to such
additional employment, said annuity to be computed according to
section twenty-two of this article. A retirant may accept
temporary employment from a participating employer so long as he
or she does not receive compensation in excess of six thousand
ten thousand two hundred dollars.
(b) In the event a retirant is elected to a public office or
appointed to hold an elected public office, he or she has the
option, notwithstanding subsection (a) of this section, to
either:
(1) Continue to receive payment of his or her annuity while
holding such public office, in addition to the salary he or she
may be entitled to as such office holder; or
(2) Suspend the payment of his or her annuity and become a
contributing member of the retirement system as provided in
subsection (a) of this section.
NOTE: This bill increases the amount of compensation a
retirant may receive from temporary employment with a
participating public employer under West Virginia Public
Employees Retirement Act.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.