H. B. 2609
(By Delegates H. White, Jenkins,
Thompson, Beane, Hubbard and Leach)
[Introduced February 2, 1999; referred to the
Committee on Pensions and Retirement then Finance.]
A BILL to amend article seven-a, chapter eighteen of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
fourteen-b, relating to members' option to make additional
contributions to the state teachers retirement system for
periods of temporary total disability, such additional
contributions to be made after returning to work.
Be it enacted by the Legislature of West Virginia:
That article seven-a, chapter eighteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended, by adding thereto a new section, designated section
fourteen-b, to read as follows:
ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.
§18-7A-14b. Members' option to make contributions for periods
of temporary total disability.
An employee who is receiving benefits due to a temporary
total disability and who is a member of the teachers retirement
system is afforded the right to receive credit towards retirement by making contributions equal to, but not exceeding, the regular
employee contributions percentage, pursuant to section fifteen of
this article, of the total amount of temporary total disability
payments received during a period or periods of absence from work
due to sickness or injury. This contribution for periods of
total temporary disability would be made after the employee has
returned to work and in addition to the regular employee
contributions made pursuant to section fifteen of this article.
The employer shall apprise a member upon the member's return
to employment from temporary total disability that he or she has
the option to have additional salary reductions made, in addition
to the contributions provided for in section fourteen of this
article, up to an amount equal to the regular employee
percentage, pursuant to section fifteen of this article, of all
or part of the temporary total disability payments received by
the member. Alternatively, the member is afforded the option to
make direct contributions from personal funds, up to an amount
equal to the regular employee percentage, pursuant to section
fifteen of this article, of the total amount of temporary total
disability payments received for a period or periods of absence
from work due to sickness or injury: Provided, That under no
circumstances may a member contribute a greater amount than that
which he or she would have contributed had they earned their
regular pay during the period in which the member received the
payment of temporary total disability payments.
For purposes of this section, the term "temporary total disability payments" refers solely to amounts representing wage
replacement which are received by an injured or ill worker for
work-related injury or illness.
This section is new; therefore, strike-throughs and
underscoring have been omitted.