COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 237
(By Senators Burdette, Mr. President, Boley,
Anderson, Chafin, Chernenko, Claypole, Craigo,
Dittmar, Humphreys, Jones, Lucht, Manchin,
Miller, Minard, Ross, Schoonover, Sharpe,
Tomblin, Walker, Wehrle, Whitlow, Wiedebusch,
Withers and Wooton, By Request of the Executive)
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[Originating in the Committee on Finance;
reported February 23, 1994.]
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A BILL to amend article ten, chapter five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section twenty-
two-e, relating to the public employees retirement act;
providing supplemental benefits effective the first day of
July, one thousand nine hundred ninety-four, for certain
retirees under specified conditions; and prescribing
calculations for determining the amounts of such
supplemental benefits.
Be it enacted by the Legislature of West Virginia:
That article ten, chapter five of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new section, designated section twenty-two-e, to
read as follows:
ARTICLE 10. WEST VIRGINIA PUBLIC EMPLOYEES RETIREMENT ACT.
§5-10-22e. Supplemental benefits for retirees effective July 1,
1994; calculation of benefits and conditions of payment.
(a) A supplement to retirement benefits provided shall be
paid prospectively to all eligible annuitants who have been
retired prior to the first day of July, one thousand nine hundred
ninety-one, which supplement shall become effective on the first
day of July, one thousand nine hundred ninety-four. The
calculation of such supplement for each annuitant shall be based
upon the number of full three-year periods that the annuitant has
maintained his or her retired status since the original date of
the commencement of his or her retirement and shall equal the sum
of the applicable percentages credited for such three-year
periods as set forth in the applicable subsections of this
section. Any such supplement shall be paid in pro rata monthly
installments.
(b) The total amount of the supplement due to qualified
annuitants who retired during the period commencing on the first
day of July, one thousand nine hundred eighty-eight, and ending
on the thirtieth day of June, one thousand nine hundred ninety-
one, shall be three percent of their retirement benefit exclusive
of any supplemental benefits provided after the first day of
July, one thousand nine hundred seventy-four.
(c) The total amount of the supplement due to qualifiedannuitants who retired during the period commencing on the first
day of July, one thousand nine hundred eighty-five, and ending on
the thirtieth day of June, one thousand nine hundred eighty-
eight, shall be five percent of their retirement benefit
exclusive of any supplemental benefits provided after the first
day of July, one thousand nine hundred seventy-four, plus the
amount of the percentage supplement provided in subsection (b) of
this section.
(d) The total amount of the supplement due to qualified
annuitants who retired during the period commencing on the first
day of July, one thousand nine hundred eighty-two, and ending on
the thirtieth day of June, one thousand nine hundred eighty-five,
shall be five percent of their retirement benefit exclusive of
any supplemental benefits provided after the first day of July,
one thousand nine hundred seventy-four, plus the amount of the
percentage supplements provided in subsections (b) and (c) of
this section.
(e) The total amount of the supplement due to qualified
annuitants who retired during the period commencing on the first
day of July, one thousand nine hundred seventy-nine, and ending
on the thirtieth day of June, one thousand nine hundred eighty-
two, shall be sixteen percent of their retirement benefit
exclusive of any supplemental benefits provided after the first
day of July, one thousand nine hundred seventy-four, plus the
amount of the percentage supplements provided in subsections (b),
(c) and (d) of this section.
(f) The total amount of the supplement due to qualified
annuitants who retired during the period commencing on the firstday of July, one thousand nine hundred seventy-six, and ending on
the thirtieth day of June, one thousand nine hundred seventy-
nine, shall be sixteen percent of their retirement benefit
exclusive of any supplemental benefits provided after the first
day of July, one thousand nine hundred seventy-four, plus the
amount of the percentage supplements provided in subsections (b),
(c), (d) and (e) of this section.
(g) The total amount of the supplement due to qualified
annuitants who retired during the period commencing on the first
day of July, one thousand nine hundred seventy-three, and ending
on the thirtieth day of June, one thousand nine hundred seventy-
six, shall be sixteen percent of their retirement benefit
exclusive of any supplemental benefits provided after the first
day of July, one thousand nine hundred seventy-four, plus the
amount of the percentage supplements provided in subsections (b),
(c), (d), (e) and (f) of this section.
(h) The total amount of the supplement due to qualified
annuitants who retired during the period commencing on the first
day of July, one thousand nine hundred seventy, and ending on the
thirtieth day of June, one thousand nine hundred seventy-three,
shall be twenty-four percent of their retirement benefit
exclusive of any supplemental benefits provided after the first
day of July, one thousand nine hundred seventy-four, plus the
amount of the percentage supplements provided in subsections (b),
(c), (d), (e), (f) and (g) of this section.
(i) The total amount of the supplement due to qualified
annuitants who retired during the period commencing on the first
day of July, one thousand nine hundred sixty-seven, and ending onthe thirtieth day of June, one thousand nine hundred seventy,
shall be twenty-four percent of their retirement benefit
exclusive of any supplemental benefits provided after the first
day of July, one thousand nine hundred seventy-four, plus the
amount of the percentage supplements provided in subsections (b),
(c), (d), (e), (f), (g) and (h) of this section.
(j) The total amount of the supplement due to qualified
annuitants who retired during the period commencing on the first
day of July, one thousand nine hundred sixty-four, and ending on
the thirtieth day of June, one thousand nine hundred sixty-seven,
shall be twenty-four percent of their retirement benefit
exclusive of any supplemental benefits provided after the first
day of July, one thousand nine hundred seventy-four, plus the
amount of the percentage supplements provided in subsections (b),
(c), (d), (e), (f), (g), (h) and (i) of this section.
(k) The total amount of the supplement due to qualified
annuitants who retired during the period commencing on the first
day of July, one thousand nine hundred sixty-one, and ending on
the thirtieth day of June, one thousand nine hundred sixty-four,
shall be twenty-four percent of their retirement benefit
exclusive of any supplemental benefits provided after the first
day of July, one thousand nine hundred seventy-four, plus the
amount of the percentage supplements provided in subsections (b),
(c), (d), (e), (f), (g), (h), (i) and (j) of this section.
(l) For each annuitant, a preliminary supplement shall be
computed on the basis of the original annual benefit received by
the original retiree, including any supplemental benefits
provided to the retiree on or before the first day of July, onethousand nine hundred seventy-four, as provided in the schedule
set forth in this section. This preliminary supplement shall be
calculated only on amounts up to, but not exceeding, the first
five thousand four hundred dollars of the original annual
retirement benefit paid, including any supplemental benefits
provided to the retiree on or before the first day of July, one
thousand nine hundred seventy-four.
(m) Each retiree shall receive as that retiree's supplement
under this section an amount equal to the preliminary supplement.
(n) Each survivor beneficiary shall receive as that survivor
beneficiary's supplement under this section an amount equal to
that pro rata share of that survivor beneficiary's preliminary
supplement, as defined above, as such survivor beneficiary's
benefit, without regard to any supplements, constitutes as a pro
rata share of the original benefit of the original retiree:
Provided, That any survivor beneficiary scheduled under the terms
of the retirement system to have a benefit recomputed upon the
death of a retiree will, at the time of that recomputation, also
have the supplemental benefit recomputed under the terms of the
preceding sentence.
(o) Each disabled retiree shall receive as that disabled
retiree's supplement under this section that pro rata share of
that disabled retiree's preliminary supplement, as defined above,
as such disabled retiree's current benefit, without regard to any
supplements, constitutes as a pro rata share of that disabled
retiree's original benefit: Provided, That any disabled retiree
scheduled under the terms of the retirement system to have a
benefit recomputed at some time subsequent to the effective dateof this section will, at the time of that recomputation, also
have the supplemental benefit recomputed under the terms of the
preceding sentence.
(p) Any supplemental benefit computed under this section
shall only be paid in lieu of, and not in addition to, the
payment of any prior supplemental benefit amounts which were
initiated after the first day of July, one thousand nine hundred
seventy-four, and which are currently being paid: Provided, That
any annuitant receiving supplemental benefits initiated after the
first day of July, one thousand nine hundred seventy-four,
greater than those provided in this section shall continue to
receive the current supplemental benefits.