ENROLLED
H. B. 2568
(By Delegates Browning, Prezioso, Campbell, Lindsey,
Smith, Ashley and Wallace
)
[Passed April 10, 1993; in effect from passage.]
AN ACT to amend and reenact sections twenty-two-b and
twenty-two-d, article ten, chapter five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
providing for payment of supplemental benefits from the
public employees retirement fund.
Be it enacted by the Legislature of West Virginia:
That sections twenty-two-b and twenty-two-d, 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.
§5-10-22b. Supplemental benefits for certain annuitants.
Any annuitant who is receiving a retirement annuity of less
than seven thousand five hundred dollars annually shall receive,
upon application, a supplemental benefit, prospectively, under
this section from the public employees retirement fund:
Provided,
That the effective date of retirement for such annuitant was
prior to the first day of July, one thousand nine hundred
seventy-nine, and he had ten years or more of credited service atthe time of such retirement. For the purposes of this section,
"effective date of retirement" means the last day of actual
employment, or the last day carried on the payroll of the
employer, whichever is later, together with a meeting fully of
all eligibility requirements for retirement prior to the
aforesaid effective date. Any annuitant retired pursuant to the
disability provisions of this article shall be considered to have
had ten years or more credited service at the time of such
retirement.
Each such annuitant shall receive as his supplemental
benefit an increased annual amount which is the product of the
sum of eighteen dollars multiplied by his years of credited
service:
Provided,
That the total annuity of any annuitant
affected by the provisions of this section, together with any of
the other provisions of this article, shall not exceed seven
thousand five hundred dollars annually.
Any annuitant receiving the supplemental benefit provided
for herein for the annuity payment period just prior to the first
day of July, one thousand nine hundred eighty-five, or any
annuitant made newly eligible for receipt of such supplemental
benefit on such date, shall receive a nineteen percent increase
in the amount of such supplemental benefit prior received or
newly calculated, effective on and after the first day of July,
one thousand nine hundred eighty-five, and irrespective of the
maximum total annuity proviso and limitation of seven thousand
five hundred dollars annually. In any fiscal year in which pay
increases are granted by the Legislature to active public
employees, there may also be given an increase in retirementbenefits for retired public employees, if funding is available
for this purpose.
For the purpose of calculating the supplemental benefit
provided in this section, fractional parts of a service credit
year are to be disregarded unless in excess of one half of a
credited service year, in which event the same shall constitute
a full year of service credit.
For the purpose of computation for determination of
eligibility and for the amount of any supplemental benefit
hereunder, separate computation shall be made of a retirant's own
benefit and that which may be receivable as beneficiary of
another, under the provisions of this article, with each such
benefit being eligible for the supplemental benefit herein
provided.
§5-10-22d. Supplemental benefits for certain annuitants.
Beginning on the first day of January, one thousand nine
hundred ninety-one, as an additional supplement to other
retirement allowances provided, any annuitant who is receiving a
retirement annuity on the effective date of this section shall
receive a supplemental benefit, prospectively, if the effective
date of retirement for such annuitant was prior to the first day
of January, one thousand nine hundred eighty-one. Each such
annuitant shall receive as his or her supplemental benefit an
increased annual amount which is the product of the sum of six
dollars multiplied by his or her years of credited service.
Nothing in this or any other section of this code shall be
construed to require any appropriation of state general revenue
funds for the payment of any benefit provided for in thissection.