COMMITTEE SUBSTITUTE

FOR

H. B. 4205

(By Delegates Smith, Campbell, Browning, Lindsey, Ashley,

Prezioso and Wallace)

(Originating in the House Committee on Pensions and Retirement)


[February 4, 1994]


A BILL to amend and reenact section twenty-five, article ten, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend article ten-d of said chapter by adding thereto a new section, designated section five, relating to public employees retirement system; limiting eligibility for disability retirement by former members to former members who were in the employ of a participating public employer within the last twelve months unless other specifications are met, prohibiting payment of disability benefits from any public retirement system if the disability is the result of a pre-existing disability.
Be it enacted by the Legislature of West Virginia:

That section twenty-five, article ten, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that article ten-d of said chapter be amended by adding thereto a new section, designated section five, all to read as follows:
ARTICLE 10. WEST VIRGINIA PUBLIC EMPLOYEES RETIREMENT ACT.

§ 5 - 10 - 25. Disability retirement.

(a) Upon the application of a member or former member of the retirement system, or his present or past employing authority, any member or former member who (1) is or was in the employ of a participating public employer or was in the employ of a participating public employer on a date which is twelve months or less from the date upon which the former member became incapacitated, (2) and who has ten or more years of credited service of which three years is contributing service, and (3) becomes totally and permanently incapacitated for employment, by reason of a personal injury or disease, may be retired by the board of trustees if after a medical examination of the said member or former member: Provided, That a former member who has not been employed by a participating public employer may receive a disability under the provisions of this subsection if, in the opinion of the medical committee, the incapacity occurred during the time that the former member was employed by a participating public employer and the incapacity otherwise qualifies the former member for retirement under this subsection. The examination shall be made by or under the direction of a medical committee consisting of two physicians, one of whom shall be named by the board, and one by the said member or former member, the said medical committee reports, in writing, to the board that (1) the said member or former member is physically or mentally totally incapacitated for employment, (2) that such incapacity will probably be permanent, and (3) that the said member or former member should be retired. In the event the two above-mentioned physicians do not agree in their findings, then the board of trustees may, at its discretion, appoint a third physician to examine said member or former member and, based upon the third physician's report in writing, the board may retire said member or former member.

(b) A member with less than ten years of credited service shall have the service requirement provided for in subsection (a) above (including the requirement of three years contributing service) waived in the event (1) the board of trustees finds his total and permanent disability to be the natural and proximate result of a personal injury or disease arising out of and in the course of his actual performance of duty in the employ of a participating public employer, and (2) he is in receipt of workmen's workers' compensation on account of such physical or mental disability.
(c) For those members or former members retiring and those members retired, as of March one, one thousand nine hundred seventy, he shall receive a straight life annuity computed according to section twenty-two hereof and he shall have the right to elect an option provided for in section twenty-four hereof: Provided, That his straight life annuity payable to his attainment of age sixty-five years shall not be less than fifty percent of his final average salary; and his said straight life annuity payable from and after his attainment of age sixty-five years shall not be less than twenty percent of his final average salary: Provided, however, That his said annuity shall be subject to section twenty-six hereof.
 ARTICLE 10D. CONSOLIDATED PUBLIC RETIREMENT BOARD.
 § 5-10D-5. Award of disability retirement.
The board shall not award disability retirement to a member of a public retirement plan administered by the board if the reason for the disability was present at the time the member became a member of the public retirement plan from which the disability retirement is sought.