H. B. 2803
(By Delegates Compton, Wallace and Rowe)
[Introduced February 24, 1995; referred to the
Committee on Pensions and Retirement.]
A BILL to amend and reenact section five, article ten-d, 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 two new sections, designated
sections six and seven, all relating to the consolidated
public retirement board; periodical examination of
disability beneficiaries; benefits upon resumption of
gainful employment; disability beneficiary, restoration to
service; and limitation of disability retirement.
Be it enacted by the Legislature of West Virginia:
That section five, article ten-d, 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 two new sections, designated
sections six and seven, all to read as follows:
ARTICLE 10D. CONSOLIDATED PUBLIC RETIREMENT BOARD.
§5-10D-5. Periodical examination of disability beneficiaries;
benefits upon resumption of gainful employment.
(a) Once each year during the first five years following
retirement of a member on a disability pension or retirement
allowance, and at least once in every three year period
thereafter the consolidated public retirement board may, require
any disability beneficiary, who has not attained the age of sixty
years, to undergo a medical examination; such examination to be
made by or under the direction of the physician as appointed by
the consolidated public retirement board. Should any disability
beneficiary, who has not attained the age of sixty years, refuse
to submit to a medical examination in any period, his or her
disability pension or retirement allowance may be discontinued
until his or her withdrawal of the refusal, and should the
refusal continue for a year all his or her rights in and to his
or her disability pension, or retirement allowance, may be revoked by the consolidated public retirement board. If upon a
medical examination of a disability beneficiary, the physician
reports and his or her report is concurred to by the consolidated
public retirement board that the disability beneficiary is no
longer totally incapacitated for duty as the result of the injury
or illness for which the disability was granted, or that he or
she is engaged in a gainful occupation, his or her disability
pension or retirement allowance shall cease.
(b) If a disability beneficiary resumes a gainful occupation
and his or her compensation is less than his or her compensation
earnable at the date of disability, the consolidated public
retirement board shall continue the disability benefits in an
amount when added to his or her compensation that does not exceed
his or her compensation earnable at the date of separation, but
the disability benefit may in no event exceed the disability
benefit originally awarded. The compensation earnable at the
date of separation shall be adjusted each year by the ratio of
the average consumer price index (for the West Virginia area)
complied by the United States department of labor, bureau of
labor statistics, for the calendar year prior to the adjustment to the average consumer price index for the calendar year in
which separation occurred.
(c) As used in this part, "disability" and "incapacity for
performance of duty" as a basis of disability retirement, mean
disability of permanent or extended and uncertain duration, as
determined by the consolidated public retirement board on the
basis of competent medical opinion.
§5-10D-6. Disability beneficiary; restoration to service.
A disability beneficiary who has been or shall be reinstated
to active service shall from the date of restoration again become
a member of the retirement system; and shall contribute to the
retirement system in the same manner as prior to the disability
retirement. Any prior service and membership services, in the
basis of which retirement allowances were computed at the time of
retirement, shall be restored to full force and effect.
§5-10D-7. Limitation of disability retirement.
Any person drawing disability retirement from any other state
shall not be deemed eligible for disability retirement in West
NOTE: The purpose of this bill is to require periodic
reexamination of disability retirees and to limit the amount of
benefits payable if such retiree should resume gainful employment
and to prohibit such a retiree from drawing benefits in West
Virginia if he or she is drawing similar disability retirement
benefits from another state.
§5-10D-5 has been rewritten and §§5-10D-6 and 7 are new;
therefore, strike-throughs and underscoring have been omitted.