H. B. 2087
(By Mr. Speaker, Mr. Kiss)
[Introduced Janaury 13, 1999; referred to the
Committee on Pensions and Retirement then Finance.]
A BILL to amend and reenact section twenty-five, article ten,
chapter five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the West
Virginia public employees retirement act; and lessening the
amount of reduction to retirement annuities for certain
persons who retired on disability retirement.
Be it enacted by the Legislature of West Virginia:
That section twenty-five, 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.
§5-10-25. Disability retirement.
(a) Upon the application of a member or former member of the
retirement system, or his or her present or past employing authority, any member or former member who is in the employ of a
participating public employer or was in the employ of a
participating public employer on a date which is twelve months or
less from the date upon which the former member became
incapacitated, who has ten or more years of credited service of
which three years is contributing service, and who becomes
totally and permanently incapacitated for employment, by reason
of a personal injury or disease, may be retired by the board if
after a medical examination of the said member or former member
made by or under the direction of a medical committee consisting
of two physicians, one of whom shall be named by the board, and
one by the said member or former member, the said medical
committee reports, in writing, to the board that the said member
or former member is physically or mentally totally incapacitated
for employment, that such incapacity will probably be permanent,
and that the said member or former member should be retired. In
the event the two above-mentioned examining physicians do not
agree in their findings, then the board may, at its discretion,
appoint a third physician to examine said member or former member
and, based upon the third physician's report in writing, the
board may retire said member or former member. A former member
who has not been employed by a participating public employer may
receive disability retirement under the provisions of this
subsection if, in the opinion of the medical committee, the incapacity occurred during the time that the former member was
employed by a participating public employer and the incapacity
otherwise qualifies the former member for retirement under this
subsection.
(b) A member with less than ten years of credited service
shall have the service requirement provided for in subsection (a)
above (including the requirement of three years contributing
service) waived in the event: (1) The board finds his or her
total and permanent disability to be the natural and proximate
result of a personal injury or disease arising out of and in the
course of his or her actual performance of duty in the employ of
a participating public employer; and (2) he or she is receiving
or has received workers' compensation benefits on account of such
physical or mental disability.
(c) For any member or former member retiring and any member
retired, as of March one the first day of March, one thousand
nine hundred seventy, he or she shall receive a straight life
annuity computed according to section twenty-two hereof and he or
she shall have the right to elect an option provided for in
section twenty-four hereof: Provided, That his or her straight
life annuity payable to his or her attainment of age sixty-five
years may not be less than fifty percent of his or her final
average salary; and his or her said straight life annuity payable
from and after his or her attainment of age sixty-five years may not be less than twenty forty percent of his or her final average
salary: Provided, however, That his or her said annuity shall be
subject to section twenty-six hereof.
NOTE: The purpose of this bill is to lessen the reduction
to a retirement annuity of a person attaining age 65 who retired
from public employment under a disability retirement before
reaching the age of 65.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.