H. B. 2774
(By Delegates Compton and Hutchins)
[Introduced March 27, 1997; referred to the
Committee on Pensions and Retirement then Finance.]
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, relating to prohibiting disability
retirement incomes from more than one state.
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 to read as follows:
ARTICLE 10D. CONSOLIDATED PUBLIC RETIREMENT BOARD.
§5-10D-5. Award of disability retirement.
The board may not award disability retirement to a member of
any retirement plan that it administers if the member is seeking
to retire based on a disability that existed at the time the
member joined the public retirement plan. Any person drawing
disability retirement from any other state may not be deemed
eligible for disability retirement for any retirement plan
administered by the consolidated public retirement board.
NOTE: The purpose of this bill is to rewrite the code
section dealing with disability retirement to prevent any
contravention with the Americans with Disabilities Act while
preventing drawing disability retirement from more than one
state.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.