COMMITTEE SUBSTITUTE

FOR

H. B. 4299


(By Delegate Beach)


(Originating in the Committee on Pensions and Retirement)


(February 28, 1994)


A BILL to amend and reenact section four-a, article twenty-three, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to supplemental and additional retirement plans for employees of the governing boards of the state institutions of higher education; authorizing the governing boards to contract for a supplemental retirement plan for certain of their employees who contribute in a limited way to the state teachers retirement system; authorizing the governing boards to contract for an additional retirement system for certain of their employees who do not contribute to the state teachers retirement system; authorizing the governing boards to make periodic deductions from the salary payments due such employees in the amount such employees are required to contribute to either the supplemental retirement plan or the additional retirement plan; and authorizing the governing boards, by way of additional compensation to any of their employees who participate in either a supplemental or additional retirement plan, to pay into the supplemental or additional retirement plans such amounts as the governing boards may from time to time determine, but providing that any such payments made from funds appropriated to the governing boards from the general fund shall not exceed six percent of the covered portions of the salaries of such employees and that any such payments which exceed six percent of the covered portions of the salaries of such employees shall be paid from sources other than funds appropriated to the governing boards from the general fund.

Be it enacted by the Legislature of West Virginia:

That section four-a, article twenty-three, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 23. ADDITIONAL POWERS, DUTIES AND RESPONSIBILITIES OF GOVERNING BOARDS OF STATE INSTITUTIONS OF HIGHER EDUCATION.

§ 18 - 23 - 4a. Supplemental and additional retirement plans for employees; payroll deductions; authority to match employee contributions; retroactive curative and technical corrective action.

The governing boards shall have the authority to contract for a supplemental retirement plan for any or all of its their employees to supplement the benefits such the employees will receive under the state teachers retirement system. The governing boards shall have the authority to make additional periodic deductions from the salary payments due such the employees in the amount they the employees are required to contribute for the supplemental retirement plan selected by the board boards. The additional deductions shall not exceed five percent of the salary of employees under thirty-five years of age, six percent of the salary of those thirty-five through forty-four years of age, and seven and one-half percent of the salary of those forty-five years of age and above, and be less than four and one-half percent nor more than six percent of those portions of the salaries of the employees which are covered under the supplemental plan. A supplemental plan shall not cover any portion of an employee's salary which is covered by the state teachers retirement system.

The governing board shall also have the authority to contract for an additional retirement plan for any of its their employees who elect to participate solely in such a retirement plan selected by the governing boards without participating in the state retirement system. The governing boards shall have the authority to make periodic deductions from the salary payments due such employees in the amount they the employees are required to contribute to the additional plan, which deductions shall be the same percentage of the participating employees' salaries as that deducted from the salaries of members of the state retirement system not be less than four and one-half percent nor more than six percent of the participating employees' salaries.
The board is governing boards are further authorized, by way of additional compensation to such employees, to pay an amount equal to the contributions at least six percent of the covered portion of the salaries of such employees, into either the supplemental or additional retirement plan from funds appropriated to it for personal services.
Provided, That no such payments in excess of six percent of the covered portions of the salaries of such employees shall be made from funds appropriated to the governing boards from the general revenue fund, and that any such payments which exceed six percent of the covered portions of the salaries of such employees shall be paid from sources other than funds appropriated to the governing boards from the general revenue fund. The covered portions of the employees salaries shall be those portions thereof which are not covered by the state teachers retirement plan. Each participating employee shall have a full and immediate vested interest in the retirement and death benefits accrued from all the moneys paid into such supplemental or additional retirement plan for his that employee's benefit. Upon proper requisition of the a governing board, the auditor shall periodically issue a warrant, payable as specified in the requisition, for the total contributions so withheld from the salaries of all that governing board's participating employees and for the that governing board's matching funds.
Pursuant to the provisions contained in article seven-a and article twenty-three of this chapter, once a member has elected one of the options contained in section fourteen-a, article seven-a of this chapter and section four-a, article twenty-three of this chapter, he cannot thereafter change such election. The Legislature declares that the amendment of this section in Enrolled Committee Substitute for House Bill No. 4672, enacted at the regular session, one thousand nine hundred eighty-eight, was inadvertent and remained in said bill contrary to legislative intent that the same be deleted; therefore, such language is hereby retroactively deleted and expunged as of the effective date of said Enrolled Committee Substitute for House Bill No. 4672 as curative and technical corrective action. The Legislature further declares that such ambiguous and deficient language inadvertently enacted in said bill shall be given no force and effect whatsoever in any litigation involving such language.
Beginning on the first day of July, one thousand nine hundred ninety-one, any Any person whose employment commences on or after that date the first day of July, one thousand nine hundred ninety-one and is eligible to participate in an additional retirement plan provided pursuant to this section shall be required to participate in said additional plan and shall not be eligible to participate in any other state retirement system.