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.