H. B. 2804
(By Delegates Kelley and L. Smith, By Request)
[Introduced February 17, 1999; referred to the
Committee on Pensions and Retirement then Finance.]
A BILL to amend and reenact section fifteen, article ten, chapter
five of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to allowing members of the
retirement system credited service for military service
regardless of the period in which it was served.
Be it enacted by the Legislature of West Virginia:
That section fifteen, article ten, 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 10. WEST VIRGINIA PUBLIC EMPLOYEES RETIREMENT ACT.
§5-10-15. Military service credit.
Any member of the retirement system who entered or enters
the active service of the armed forces of the United States
during any period of compulsory military service shall receive
credited service for said the time spent in the armed forces of the United States, not to exceed five years if such the member
pays to the members' deposit fund the amount he or she may have
withdrawn therefrom, together with regular interest from the date
of withdrawal to the date of repayment. In any case of doubt as
to the period of service to be so credited a member, the board of
trustees shall have final power to determine such period. During
the period of such armed service and until his or her return to
the employ of a participating public employer, his or her
contributions to the retirement system shall be suspended and any
balance remaining to his or her credit in the members' deposit
fund shall be accumulated at regular interest.
NOTE: The purpose of this bill is to remove the condition
that a member of the retirement system is only entitled to credit
for time spent in military service if the member's entry into
service was during a period when conscription was in effect.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.