H. B. 4276
(By Delegates Heck, Claypole
and Willison)
[Introduced February 5, 1998; referred to the
Committee on Political Subdivisions.]
A BILL to amend and reenact section eighteen, article twenty-two,
chapter eight of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to retirement
benefits for municipal employees; board of trustees of the
policemen's pension and relief fund; and including retired
members in election process.
Be it enacted by the Legislature of West Virginia:
That section eighteen, article twenty-two, chapter eight of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 22. RETIREMENT BENEFITS GENERALLY; POLICEMEN'S PENSION
AND RELIEF FUND; FIREMEN'S PENSION AND RELIEF FUND; PENSION PLANS FOR EMPLOYEES OF WATERWORKS SYSTEM, SEWERAGE SYSTEM OR COMBINED WATERWORKS AND SEWERAGE SYSTEM.
§8-22-18. Members of board of trustees; how elected; presiding
officers; secretary.
The board of trustees of the policemen's pension and relief
fund shall consist of the mayor of the municipality and four
members or retired members of the paid police department, to be
chosen as hereinafter in this section specified. The mayor of
such municipality shall give notice of an election to be held on
the second Monday of the month following the adoption of the
ordinance providing for the establishment and maintenance of such
fund, which notice shall be served upon each member of the paid
police department and all retired members which shall notify each
member that between the hours of nine in the forenoon and six in
the afternoon, on the day designated for such election, an
election will be held for such purpose and that each member and
retired member shall furnish in writing the names of four members
or retired members of the paid police department voted for; and
all votes so cast shall be counted and canvassed by the mayor and
the governing body for the first election, and thereafter the
votes shall be counted by the then existing members of such
board, who after such election shall announce the results, and
the four members or retired members of the paid police department
receiving the highest number of votes shall, with the mayor, constitute "The Board of Trustees of the Policemen's Pension and
Relief Fund of (name of municipality)." As to the first election
held following the adoption of the ordinance providing for the
establishment and maintenance of such fund, the member receiving
the highest number of votes shall serve for a period of four
years, the member receiving the second highest number of votes
shall serve for a period of three years, the member receiving the
third highest number of votes shall serve for a period of two
years, and the member receiving the fourth highest number of
votes shall serve for a period of one year. After such first
election, the board shall hold a similar election each year to
elect one member to succeed, for a term of four years, the
retiring member. In the case of a tie vote being received by any
two individuals for the office of trustee, such tie vote shall be
decided by casting lots, or in any other way which may be agreed
upon by the individuals for whom such tie vote was cast. The
results of such election shall be entered in the record of the
proceedings of the board and the members so elected shall, except
as hereinabove specified with respect to the first election,
serve for four years and until their successors are elected and
have qualified. The election for such members of the board of
trustees shall be held annually upon the second Monday of the
same month during which the first election was held. In case of a vacancy by death, resignation, or otherwise, among the members
so elected, the remaining members of the board shall choose the
successor, or successors, until the next annual election at which
latter time all vacancies shall be filled.
The board of trustees of the firemen's pension and relief
fund shall consist of the mayor of the municipality and four
members of the paid fire department, to be chosen in the same
manner and for such terms as is provided above in this section
for the election of policemen to the policemen's pension and
relief fund board of trustees.
The presiding officer of any such board of trustees shall be
the mayor of the municipality, and the secretary thereof shall be
appointed by the board. It shall be the duty of such secretary
to keep a full and permanent record of all of the proceedings of
the board, and said trustees may fix the secretary's compensation
for this work, which shall be paid out of the funds of said
policemen's pension and relief fund or firemen's pension and
relief fund, as the case may be.
NOTE: The purpose of this bill is to permit retired members
of police departments to vote for and serve on the board of
Trustees of the Policemen's Pension and Relief Fund.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.