Senate Bill No. 537

(By Senator Schoonover)

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[Introduced February 19, 1996; referred to the Committee on Pensions; and then to the Committee on Finance.]
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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 fifty- five, relating to the West Virginia public employees retirement act; and permitting members to borrow money from their individual accounts.

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 fifty-five, to read as follows:
ARTICLE 10. WEST VIRGINIA PUBLIC EMPLOYEES RETIREMENT ACT.

§5-10-55. Loans to members.

A member of the retirement system upon written application may borrow from the member's individual account in the members' deposit fund, subject to these restrictions:
(1) Loans shall be made in multiples of ten dollars, the minimal loan being one hundred dollars and the maximum being eight thousand dollars except if the total amount of loaned money outstanding exceeds forty million dollars, the maximum will be three thousand dollars until the board of trustees determines that loans outstanding have been reduced to an extent that eight thousand dollar loans are again authorized.
(2) Loans to any one member may not exceed one half of the member's contributions to his or her individual account in the members' deposit fund.
(3) Interest charged on the amount of the loan shall be six percent per annum, or a higher rate as set by the board of trustees. If repayable in installments, the interest may not exceed the annual rate so established upon the principal amount of the loan, for the entire period of the loan, and the charge shall be added to the principal amount of the loan. The minimal interest charge shall be for six months.
(4) No member may be eligible for more than one loan in any one year.
(5) If a refund or benefit is payable to the borrower or the borrower's beneficiary before repayment of the loan with interest, the balance due with interest to date shall be deducted from the benefit or refund.
(6) The member shall pay the loan and interest by deductions from the member's monthly salary which will pay the loan and interest in not more than sixty nor less than six months. Upon notice of loan granted and payment due, the employer shall be responsible for making the salary deductions and reporting them to the board. At the option of the board, loan deductions may be collected as prescribed herein for the collection of members' contribution, or may be collected through issuance of warrant by employer. If the borrower decides to make loan payments while not paid for service as an employee, the board must accept the payments.





NOTE: The purpose of this bill is to permit members of the West Virginia Public Employees Retirement System to borrow money on their individual accounts.

§5-10-55 is new; therefore, strike-throughs and underscoring have been omitted.