H. B. 4558
(By Delegates C. White, Boggs,
Mahan, Sparks and Hubbard)
[Introduced February 16, 2000; referred to the
Committee on Pensions and Retirement then Finance.]
A BILL to amend article fourteen-d, chapter seven of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
five-a, relating to allowing division of natural resources
conservation officers to participate in the deputy sheriffs'
retirement system.
Be it enacted by the Legislature of West Virginia:
That article fourteen-d, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section five-a,
to read as follows:
ARTICLE 14D. DEPUTY SHERIFF RETIREMENT SYSTEM ACT.
§7-14D-5a. Conservation officers participating in system.
(a) All full-time conservation officers, as defined in section
one, article seven, chapter twenty of this code, employed after the
effective date of this statute shall be included in the deputy
sheriff retirement system. The newly hired conservation officers
shall contribute into the deputy sheriff retirement system at the
same rate as deputy sheriffs and be entitled to and receive the
same benefits. The division of natural resources shall contribute
into the deputy sheriff retirement system at the same rates as the
county commissions contribute for deputy sheriffs.
(b) All full-time conservation officers employed prior to the
date of passage may elect to have all prior contributions made to
the public employees retirement system, by the individual or the
individual employing agency and all amounts accrued as a result of
the investment of these contributions transferred to the deputy
sheriff retirement system. This election to transfer shall occur
within ninety days of passage. No conservation officer employed at
the time of passage of this legislation shall retire, under a
regular retirement, from the deputy sheriff retirement system for
a period of ten years from the date of enrollment in the deputy
sheriff retirement system. After ten years of enrollment in the
deputy sheriff retirement system a conservation officer shall be entitled to receive the same benefits, for regular retirement, as
deputy sheriffs. Conservation officers who choose to transfer to
the deputy sheriff retirement system shall be entitled to the same
benefits as the members of the deputy sheriff retirement system,
except for regular retirement, upon enrollment in the deputy
sheriff retirement system. Conservation officers, employed at the
time of passage, electing to enroll in the deputy sheriff
retirement system shall contribute into the deputy sheriff
retirement system at the same rate as deputy sheriffs and be
entitled to and receive the same benefits. The division of natural
resources shall contribute into the deputy sheriff retirement
system at the same rates as the county commissions contribute for
deputy sheriffs.
(c) No conservation officer employed at the time of passage of
this legislation may retire, under a regular retirement, from the
deputy sheriff retirement system for a period of ten years from the
date of enrollment in the deputy sheriff retirement system. In the
event that a conservation officer employed at the time of passage
of this legislation elects to enroll in the deputy sheriff
retirement system and takes a regular retirement, before completing
ten years in the deputy sheriff retirement system, any sums paid into the deputy sheriff retirement system for the retiring officer
shall be paid to the public employees retirement system and the
retiring conservation officer shall retire under the applicable
public employees retirement system plan.
NOTE: The purpose of this bill is to allow DNR conservation
officers to participate in the deputy sheriffs' retirement system.
This section is new; therefore, strike-throughs and
underscoring have been omitted.