Senate Bill No. 469
(By Senator Manchin)
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[Introduced February 21, 1994;
referred to the Committee on the Judiciary.]
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A BILL to amend and reenact section thirty, article ten, chapter
five of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to reimbursement to state
for moneys received from employees who are not entitled to
said moneys.
Be it enacted by the Legislature of West Virginia:
That section thirty, 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.
§5-10-30. Refund of accumulated contributions; reimbursement of
moneys from retirement fund.
(a) In the event a member leaves the employ of a
participating public employer prior to the date he becomes
entitled to retire with an annuity payable by the retirement
system he shall be paid, upon his written application filed with
the board of trustees, his accumulated contributions standing to
his credit in the members deposit fund, if his separation fromthe employ of a participating public employer occurs subsequent
to a period of two years from and after the date he last became
a member of the system. If his said separation from the employ
of a participating public employer occurs within a period of two
years from and after the date he last became a member of the
system, he shall be paid his accumulated contributions standing
to his credit in the members deposit fund less the total interest
credited to his individual account therein; and the said total
interest credit shall be transferred to the income fund.
(b) In the event a member dies and does not leave a
beneficiary entitled to an annuity payable by the retirement
system, his accumulated contributions standing to his credit in
the members deposit fund at the time of his death shall be paid
to such person or persons as he shall have nominated by written
designation duly executed and filed with the board of trustees.
If there be no such designated person or persons surviving said
member, his said accumulated contributions shall be paid to his
estate.
(c) Refunds of a member's contributions or accumulated
contributions, as the case may be, may be made in equal
installments according to such rules and regulations as the board
of trustees may from time to time adopt.
(d) In the event a member dies and a refund of his
contributions is due to be made to an infant child or children by
reason of being the person or persons nominated by written
designation duly executed and filed with the retirement system,
and the amount of said refund is less than one thousand dollars,then, and in said event, the board of trustees may make said
refund, upon written application, to the closest relative or
natural guardian for the use of said infant child or children.
The board of trustees may, at its discretion, require that said
relative or natural guardian post bond with the retirement system
to insure that said money will be used for the benefit of said
infant child or children. In any event, before said refund is
made to said relative or natural guardian of said infant or
infants, said relative or natural guardian shall give the
retirement system an indemnifying release of said sums so paid
over.
(e) In the event any state employee has received moneys for
which they have no lawful entitlement, the employer may be
reimbursed said moneys by attaching that employees retirement
proceeds, should the employee refuse to return the moneys to the
state. Should the employee dispute the action within fifteen
days of a request for reimbursement of moneys, an administrative
hearing may be held by the state retirement board.
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(NOTE: The purpose of this bill is to provide a mechanism
for repayment to the state for employees who receive moneys they
are not entitled to.)