H. B. 4519
(By Delegates Thompson, Evans, Michael,
Jenkins, Johnson, Sparks and Hubbard)
[Introduced February 11, 2000; 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, be amended and reenacted relating to
defining the method of calculating a period of credited
military service; and establishing that no part of the
calculation is related to any other statute.
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 time spent in the armed forces of the United
States, not to exceed five years if such member pays to the
members' deposit fund the amount he may have withdrawn therefrom,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: Provided, That the
actual period of military service for less than five years service
shall be calculated by subtracting the date upon which active
service commenced from the date upon which active service
terminated, notwithstanding any other provisions of this code.
During the period of such armed service and until his return to the
employ of a participating public employer, his contributions to the
retirement system shall be suspended and any balance remaining to
his credit in the members' deposit fund shall be accumulated at
NOTE: The purpose of this bill is to clarify that the
calculation of the period of military service credit is
accomplished without reference to any other provisions of the code.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would