H. B. 2403
(By Delegates Williams, Hubbard
and Manuel)
[Introduced February 21, 2001
; referred to the
Committee on Pensions and Retirement then Finance.]
A BILL to amend and reenact section thirteen-b, article seven-a,
chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to the state
teachers retirement system; and providing service credit for
employment with the cooperative extension service of West
Virginia University before the twenty-seventh day of June, two
thousand one.
Be it enacted by the Legislature of West Virginia:
That section thirteen-b, article seven-a, chapter eighteen of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.
§18-7A-13b. Option of certain present members to elect between state and federal retirement systems; payment of
contributions to federal system.
Notwithstanding any other provision of this article to the
contrary, any present member of the retirement system who as an
employee of the board of governors in the cooperative extension
service of West Virginia University holds a federal appointment,
making him or her eligible for membership in the federal civil
service retirement system, shall have has an option to terminate
his or her membership in the state teachers retirement system at
any time within twelve months after the effective date hereof, or
to continue his or her membership if he or she so desires. If he
or she elects to terminate his or her membership, he or she shall
be is entitled to withdrawal benefits similar to those that are
provided in section twenty-three of this article for members who
withdraw from service prior to retirement, and he or she shall be
required to join the federal civil service retirement system. Any
future employee in the cooperative extension service who is
eligible for membership in the federal civil service retirement
system shall be required to join that system, and shall be
ineligible for membership in the state teachers retirement system
during such period of employment. Should employment cease with the
cooperative extension service of West Virginia University and the employee assumes a position that subjects him or her to membership
in the teachers retirement system, he or she shall receive service
credit for each year served in the cooperative extension service
and within this state providing: (1) That the member pays to the
system a contribution equal to the amount he or she contributed
during his or her first full year of current employment, times the
number of years for which credit is granted, plus interest at a
rate equal to that established by the retirement board for the
purchase of service as a teacher in the employment of the federal
government; and (2) that such the years of service for which he or
she receives credit hereunder have not and will not, in the future,
be used to obtain or enhance a retirement benefit from any other
retirement system whatsoever, including the federal civil service
retirement system.
The board of governors shall have has the authority and shall
be is required to withhold from each salary payment due any
employee in the cooperative extension service, who is a member of
the federal civil service retirement system, the amount of the
contribution he or she is required to make to the federal treasury
for such membership. Upon proper requisition of the board, the
auditor shall periodically issue a warrant payable to the treasurer of the United States for the total membership contributions so
withheld from the salaries of all employees in the cooperative
extension service.
Notwithstanding any other provision of this article to the
contrary any present member of the retirement system who was
employed by the cooperative extension service of West Virginia
University before the twenty-seventh day of June, two thousand one
shall receive credited service for the time spent in the employment
of the cooperative extension service of West Virginia University,
not to exceed ten years, nor may it exceed twenty-five percent of
the total service at the time of retirement if that member pays to
the system a contribution as calculated in this section and other
provisions of this article.
NOTE: The purpose of this bill is to give service credit for
persons employed by the West Virginia University Extension Services
for the purposes of the State Teachers Retirement System before
June 27, 2001, not to exceed ten years or twenty-five percent of
the total service at the time of the member's time of retirement.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.