H. B. 2432

(By Delegates Williams, Collins, Hubbard and Manuel)
[Introduced January 27, 1999; 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:

§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 has 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 is 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 the 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 are 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-nine shall receive credited service for the time spent in the employment of the

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, 1999, 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.