H. B. 4319
(By Delegates Williams, Collins, Hubbard,
Manuel, Seacrist, Hunt and Osborne)
[Introduced February 9, 1998; referred to the
Committee on Pensions and Retirement then Finance.]
A BILL to amend and reenact section thirteen-b, article seven-a,
chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to the state
teachers retirement system; and providing
service credit
for
employment with
the cooperative extension service
of West
Virginia University before the twenty-seventh day of June,
one thousand nine hundred eighty-eight.
Be it enacted by the Legislature of West Virginia:
That section thirteen-b, article seven-a, chapter eighteen
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted to read as
follows:
ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.
§18-7A-13b. Option of certain present members to elect between
state and federal retirement systems; payment of contributions to federal system.
Notwithstanding any other provision of this article to the
contrary, any present member of the retirement system who as an
employee of the board of governors in the cooperative extension
service of West Virginia University holds a federal appointment,
making him or her eligible for membership in the federal civil
service retirement system, shall have an option to terminate his
or her membership in the state teachers retirement system at any
time within twelve months after the effective date hereof, or to
continue his or her membership if he or she so desires. If he or
she elects to terminate his or her membership, he or she shall be
entitled to withdrawal benefits similar to those that are
provided in section twenty-three of this article for members who
withdraw from service prior to retirement, and he or she shall be
required to join the federal civil service retirement system.
Any future employee in the cooperative extension service who is
eligible for membership in the federal civil service retirement
system shall be required to join that system, and shall be
ineligible for membership in the state teachers retirement system
during such period of employment. Should employment cease with
the cooperative extension service of West Virginia University and
the employee assumes a position that subjects him or her to
membership in the teachers retirement system, he or she shall receive service credit for each year served in the cooperative
extension service and within this state providing: (1) That the
member pays to the system a contribution equal to the amount he
or she contributed during his or her first full year of current
employment, times the number of years for which credit is
granted, plus interest at a rate equal to that established by the
retirement board for the purchase of service as a teacher in the
employment of the federal government; and (2) that such years of
service for which he or she receives credit hereunder have not
and will not, in the future, be used to obtain or enhance a
retirement benefit from any other retirement system whatsoever,
including the federal civil service retirement system.
The board of governors shall have the authority and shall be
required to withhold from each salary payment due any employee in
the cooperative extension service, who is a member of the federal
civil service retirement system, the amount of the contribution
he or she is required to make to the federal treasury for such
membership. Upon proper requisition of the board, the auditor
shall periodically issue a warrant payable to the treasurer of
the United States for the total membership contributions so
withheld from the salaries of all employees in the cooperative
extension service.
Notwithstanding any other provision of this article to the contrary any present member of the retirement system who was
employed by the cooperative extension service of West Virginia
University before the twenty-seventh day of June, one thousand
nine hundred ninety-eight shall receive credited service for the
time spent in the employment of the
cooperative extension service
of
West Virginia University, not to exceed ten years, nor may it
exceed twenty-five percent of the total service at the time of
retirement if that member pays to the system a contribution as
calculated in this section and other provisions of this article.
NOTE: The purpose of this bill is to give service credit
for persons employed by the West Virginia University Extension
Services for the purposes of the State Teachers Retirement System
before June 27, 1988, not to exceed ten years or twenty-five
percent of the total service at the time of the member's time of
retirement.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.