H. B. 2606
(By Delegate Prunty)
[Introduced February 2, 1999; referred to the
Committee on Roads and Transportation then Finance.]
A BILL to amend and reenact sections twenty-four and twenty-six,
article twenty-two, chapter eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
all relating to increasing police pension benefits.
Be it enacted by the Legislature of West Virginia:
That sections twenty-four and twenty-six, article twenty- two, chapter eight of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, be amended and reenacted,
all to read as follows:
ARTICLE 22. RETIREMENT BENEFITS GENERALLY; POLICEMEN'S PENSION
AND RELIEF FUND; FIREMEN'S PENSION AND RELIEF FUND; PENSION PLANS FOR EMPLOYEES OF WATERWORKS SYSTEM, SEWERAGE SYSTEM OR COMBINED WATERWORKS AND SEWERAGE SYSTEM.
§8-22-24. Disability pensions.
(a) The monthly sum to be paid to each member eligible for
disability received as a proximate result of service rendered in
the performance of his or her duties under the provisions of
section twenty-three-a of this article shall be equal to sixty
percent of the monthly salary being received by such member, at
the time he or she is so disabled, or the sum of five nine
hundred dollars per month, whichever shall be greater: Provided,
That the limitation provided in subsection (b) of this section is
not exceeded.
(b) Effective for any member who becomes eligible for
disability benefits on or after the first day of July, one
thousand nine hundred eighty-one, under the provisions of section
twenty-three-a of this article, as a proximate result of service
rendered in the performance of his or her duties within such the
departments, his or her monthly disability payment as provided in
subsection (a) of this section shall not, when aggregated with
the monthly amount of state workers' compensation, result in such
the disabled member receiving a total monthly income from such
sources in excess of one hundred percent of the basic compensation which is paid to members holding the same position
which such the member held within such the department at the time
of his or her disability. Lump sum payments of state workers'
compensation benefits shall not be considered for purposes of
this subsection unless such the lump sum payments represent
commuted values of monthly state workers' compensation benefits.
(c) Any member who has served on active duty with the armed
forces of the United States as described in section twenty-seven
of this article, whether prior or subsequent to becoming a member
of a paid police or fire department covered by the provisions of
this article, and who, on the first day of July, one thousand
nine hundred eighty-six, is receiving or thereafter receives a
disability pension, shall receive in addition to the sixty
percent or minimum five nine hundred dollars authorized in
subsection (a) of this section, one additional percent for each
year served in active military duty, up to a maximum of four
additional percent.
(d) Beginning on and after the first day of April, one
thousand nine hundred ninety-one, the monthly sum to be paid to
a member who becomes eligible for total disability incurred not
in the line of duty shall be the monthly benefit provided in subsection (a) of this section: Provided, That the limitation is
in subsection (b) of this section is not exceeded: Provided,
however, That for any person receiving benefits under this
subsection who is self-employed or employed by another, there
shall be offset against said benefits the amount of one dollar
for each three dollars of income derived from self-employment or
employment by another: Provided further, That a person receiving
disability benefits must file a certified copy of his or her tax
return on or before the fifteenth day of April of each year to
demonstrate either unemployment or income earned from
self-employment or employment by another: And provided further,
That there shall be no offset of benefit for any income derived
from self-employment or employment by another when the annual
total amount of such the income is seven thousand five hundred
dollars or less.
§8-22-26. Death benefits.
(a) In case:
(1) Any member of a paid police or fire department who has
been in continuous service for more than five years dies from any
cause other than as specified in subsection (b) of this section
before retirement on a disability pension under the provisions of, prior to the first day of July, one thousand nine hundred
eighty-one, section twenty-four of this article, or after the
thirtieth day of June, one thousand nine hundred eighty-one,
sections twenty-three-a and twenty-four of this article or a
retirement pension under the provisions of subsection (a) or both
subsections (a) and (b), section twenty-five of this article,
leaving in either case surviving a spouse, or any dependent child
or children under the age of eighteen years, or dependent father
or mother or both, or any dependent brothers or sisters or both
under the age of eighteen years, or any dependent child over the
age of eighteen years of age who is totally physically or
mentally disabled so long as such the condition exists; or
(2) Any former member of any such department who is on a
disability pension prior to the first day of July, one thousand
nine hundred eighty-one, under section twenty-four of this
article, or after the thirtieth day of June, one thousand nine
hundred eighty-one, under sections twenty-three-a and twenty-four
of this article, or is receiving or is entitled to receive
retirement pension benefits under the provisions of subsection
(a) or both subsections (a) and (b), section twenty-five of this
article, dies from any cause other than as specified in subsection (b) of this section leaving in either case surviving
a spouse or any dependent child or children under the age of
eighteen years or dependent father or mother or both, or any
dependent brothers or sisters or both under the age of eighteen
years, or any dependent child over the age of eighteen years of
age who is totally physically or mentally disabled so long as
such the condition exists; then in any of the cases set forth
above in subdivisions (1) and (2), the board of trustees of such
the pension and relief fund shall, immediately following the
death of such the member, pay to or for each of such any entitled
surviving dependents the following pension benefits: To such the
spouse, until death or remarriage, a sum per month equal to sixty
seventy-five percent of such the member's pension or, in the
event such the member was not receiving a pension at the time of
his or her death, a sum per month equal to sixty seventy-five
percent of the monthly retirement pension such the member would
have been entitled to receive pursuant to section twenty-five of
this article on the date of his or her death if such the member
had then been eligible for a retirement pension thereunder, or
the sum of three six hundred dollars per month, whichever is
greater; to each such dependent child, a sum per month equal to twenty percent of such the member's pension or, in the event such
the member was not receiving a pension on the date of his or her
death, a sum per month equal to twenty percent of the monthly
retirement pension such the member would have been entitled to
receive pursuant to section twenty-five of this article on the
date of his or her death if such the member had then been
eligible for a retirement pension thereunder, or until such the
child attains the age of eighteen years or marries, whichever
first occurs; to each such dependent orphaned child, a sum per
month equal to twenty-five percent of such the member's pension
or, in the event such the member was not receiving a pension at
the time of his or her death, a sum per month equal to
twenty-five percent of the monthly retirement pension such the
member would have been entitled to receive pursuant to section
twenty-five of this article on the date of his or her death if
such the member had then been eligible for a retirement pension
thereunder, until such the child attains the age of eighteen
years or marries, whichever first occurs; to each such dependent
orphaned child, a sum per month equal to twenty-five percent of
such the member's pension or, in the event such the member was
not receiving a pension on the date of his or her death, a sum per month equal to twenty-five percent of the monthly retirement
pension such the member would have been entitled to receive
pursuant to section twenty-five of this article on the date of
his or her death if such member had then been eligible for a
retirement pension thereunder, until such the
child attains the
age of eighteen years or marries, whichever first occurs; to each
such dependent father or mother, a sum per month for each equal
to ten percent of such the
member's pension or, in the event such
the
member was not receiving a pension on the date of his or her
death, a sum per month equal to ten percent of the monthly
retirement pension such the
member would have been entitled to
receive pursuant to section twenty-five of this article on the
date of his or her death if such the
member had then been
eligible for a retirement pension thereunder; to each such the
dependent brother or sister, the sum of fifty dollars per month
until such the
individual attains the age of eighteen years or
marries, whichever first occurs, but in no event shall the
aggregate amount paid to such the
brothers and sisters exceed one
hundred dollars per month. If at any time, because of the number
of dependents, all such the
dependents cannot be paid in full as
herein provided, then each dependent shall receive his pro rata share of such the
payments. In no case shall the payments to the
surviving spouse and children be cut below sixty-five percent of
the total amount paid to all dependents.
(b) The surviving spouse, child or children, or dependent
father or mother, or dependent brothers or sisters, of any such
member who dies by reason of service rendered in the performance
of such the
member's duties shall, regardless of the length of
such the
member's service and irrespective of whether such member
was or was not entitled to receive, or was or was not receiving,
disability pension or temporary disability payments at the time
of his or her death, receive the death benefits provided for in
subsection (a) of this section. If such the
member had less than
three years' service at the time of his or her death, the
member's pension shall be computed on the basis of the actual
number of years of service.
(c) If a member dies without leaving a spouse, dependent
child or children, or dependent father or mother, or dependent
brothers or sisters, his or her contributions to the fund plus
six percent interest shall be refunded to his named beneficiary
or, if no beneficiary has been named, to his or her estate to the
extent that such the
contributions plus interest exceed any disability or retirement benefits that he or she may have
received before his death.
(d) The provisions of this section shall not be construed as
creating or establishing any contractual or vested rights in
favor of any individual who may be or become qualified as a
beneficiary of the death benefits herein authorized to be made,
all the provisions hereof and benefits provided for hereunder
being expressly subject to such subsequent legislative enactments
as may provide for any change, modification or elimination of the
beneficiaries or benefits specified herein.
(e) Notwithstanding the provisions of section twenty-four of
this article the benefit provided for in this section shall be
calculated as if the member had remained unemployed throughout
any period of disability.
NOTE: The purpose of this bill is to increase disability
and death benefits for police pensions.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.