Senate Bill No. 6
(By Senator Deem, Boley and Ball)
[Introduced January 12, 2000; referred to the Committee
on Pensions; and then to the Committee on 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, relating to awarding service credit
in the public employees retirement system for military
service in the national guard.
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 the member pays
to the members' deposit fund the amount he the member 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withdrawn therefrom, together with regular interest from the date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 the period.
During the period of such armed service and until his the
member's return to the employ of a participating public employer,
his the member's contributions to the retirement system shall be
suspended and any balance remaining to his the member's credit in
the members' deposit fund shall be accumulated at regular
interest. Any member of the retirement system who serves in the
national guard shall receive service credit for time served in
the national guard up to five years.
NOTE: The purpose of this bill is to grant service credit in
the public employees retirement system for military service in
the national guard.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.