Senate Bill No. 118
(By Senator Holliday)
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[Introduced February 24, 1993; referred to the Committee
Pensions; 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 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 less
than ten months of service rendered in any calendar year becredited 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 served
in 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) Magistrates who served as justices of the peace under
the judicial system in effect prior to the thirteenth day of
March, one thousand nine hundred seventy-six may receive service
credit for the time served as justices of the peace: Provided,
That eligible magistrates file a request for the credit with the
board and remit to the retirement fund the contribution required
by the board for each year of service credit requested.
NOTE: The purpose of this bill is to permit magistrates who
were justices of the peace prior to 1976 to receive credit in the
public employees retirement system for years of service as
justices of the peace. Eligible magistrates are also required to
remit to the retirement fund the contribution required by the
board for the years of service credited.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.