H. B. 4575
(By Delegates H. White, Mezzatesta,
Jenkins, Kominar, Michael and Hubbard)
[Introduced February 17, 2000; referred to the
Committee on Pensions and Retirement then Finance.]
A BILL to amend article seven-a, chapter eighteen of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
fourteen-b, relating to the state teachers retirement system;
and members' option to make additional contributions to the
state teachers retirement system for periods of temporary
total disability, with the additional contributions to be made
after returning to work.
Be it enacted by the Legislature of West Virginia:
That article seven-a, chapter eighteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended, by adding thereto a new section, designated section
fourteen-b, to read as follows:
ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.
§18-7A-14b. Members' option to make contributions for periods of temporary total disability.
An employee who is receiving benefits due to a temporary total
disability and who is a member of the teachers retirement system is
afforded the right to receive credit towards retirement by making
contributions equal to, but not exceeding, the regular employee
contributions percentage, pursuant to section fifteen of this
article, of the total amount of temporary total disability payments
received during a period or periods of absence from work due to
sickness or injury. This contribution for periods of total
temporary disability would be made after the employee has returned
to work and in addition to the regular employee contributions made
pursuant to section fifteen of this article.
The employer shall apprise a member upon the member's return
to employment from temporary total disability that he or she has
the option to have additional salary reductions made, in addition
to the contributions provided for in section fourteen of this
article, up to an amount equal to the regular employee percentage,
pursuant to section fifteen of this article, of all or part of the
temporary total disability payments received by the member.
Alternatively, the member is afforded the option to make direct
contributions from personal funds, up to an amount equal to the
regular employee percentage, pursuant to section fifteen of this
article, of the total amount of temporary total disability payments
received for a period or periods of absence from work due to sickness or injury: Provided, That under no circumstances may a
member contribute a greater amount than that which he or she would
have contributed had they earned their regular pay during the
period in which the member received the payment of temporary total
disability payments.
For purposes of this section, the term "temporary total
disability payments" refers solely to amounts representing wage
replacement which are received by an injured or ill worker for
work-related injury or illness.
NOTE: The purpose of this bill is to permit an option to make
additional contributions to the state teachers retirement system
for periods of temporary total disability to be made after the
member returns to work.
This section is new; therefore, strike-throughs and
underscoring have been omitted.