Senate Bill No. 263

(By Senators Anderson and Wagner)

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[Introduced March 3, 1993; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]

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A BILL to amend and reenact section fourteen, article ten, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to retirement credit for constables and magistrates who served as justices of the peace.

Be it enacted by the Legislature of West Virginia:
That section fourteen, 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.

§5-10-14. Service credit.

(a) The board of trustees shall credit each member with the prior service and contributing service to which he is entitled based upon such rules and regulations as the board of trustees shall from time to time adopt: Provided, That in no case shall less than ten days of service rendered by a member in any calendar month be credited as a month of service; nor shall lessthan ten months of service rendered in any calendar year be credited as a year of service; nor shall more than one year of service be credited any member for all service rendered by him in any calendar year; nor shall any member who was not in the employ of a political subdivision within a period of thirty years immediately preceding the date the political subdivision became a participating public employer be credited with prior service: Provided, however, That said member is not required to have been employed by a participating public employer of this state within a period of fifteen years subsequent to the date that participating public employer elected to become a participating employer.
(b) The board of trustees shall grant service credit to employees of boards of health, the clerk of the House of Delegates and the clerk of the state Senate, or to any former and present member of the state teachers retirement system who have been contributing members for more than three years, for service previously credited by the state teachers retirement system, and shall require the transfer of the member's contributions to the system, and shall also require a deposit, with interest, of any withdrawals of contributions any time prior to said member's retirement. Repayment of withdrawals shall be as directed by the board of trustees.
(c) Court reporters who are acting in an official capacity, although paid by funds other than the county commission or state auditor, may receive prior service credit for such time as servedin such capacity.
(d) Employees of the state Legislature whose term of employment is otherwise classified as temporary and who are employed to perform services required by the Legislature for its regular sessions or during the interim between regular sessions and who have been or are so employed during regular sessions or during the interim between sessions for eight or more years, may receive service credit for such the time as served in that capacity.
(e) Former justices of the peace and constables who continue to actively serve as employees or elected officials of state or local governments that are participating public employers shall be entitled to credit for retirement purposes for those years of service as a justice of the peace or constable: Provided, That they have a minimum of five years contributing service and they compensate the retirement fund as set forth in this subsection. It is the finding of the Legislature that many city council members were granted credit for years of prior service by compensating the retirement fund, employer's share and employee's share, plus interest, based on salaries of one thousand dollars a year. The Legislature further finds that salaries of former justices of the peace and constables are difficult to ascertain and therefore establishes that for purposes of obtaining credit for their prior service in accordance with the provisions of this section the amount of required compensation to the retirement fund with respect to each constable is based on a salary of twothousand dollars a year and with respect to each justice of the peace a salary of three thousand dollars a year.



NOTE: The purpose of this bill is to give prior service credit to former justices of the peace and constables with five or more years of contributing service for compensation to the retirement fund. Annual salary credit for justices of the peace is established at $3000.00; and for constables at $2000.00.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.