H. B. 3226

(By Delegate Wright)
[Introduced March 30, 2001; referred to the
Committee on Education then Finance.]

A BILL to amend and reenact section three, article thirteen, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing for transfer from the teachers retirement system to the public employees retirement system when an employee's job position is transferred from a department covered by the teacher system to another department covered by the public employee system.

Be it enacted by the Legislature of West Virginia:
That section three, article thirteen, 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 13. PUBLIC EMPLOYEES' AND TEACHERS' RECIPROCAL SERVICE CREDIT ACT.

§5-13-3. Credited service upon transfer between systems.
(a) Transfer from public service system to teacher service system. -- Notwithstanding the provisions of law governing the West Virginia public employees retirement system, in the event a member leaves a position covered by the public system and becomes employed in a position covered by the teacher system, he shall not forfeit his credited service acquired as a member of the public system: Provided, That he returns to the public system the amount of accumulated contributions he might have withdrawn therefrom, together with interest prescribed by the said public system: Provided, however, That he has not retired under either the public system or the teacher system: Provided further, That after the effective date of this article such subsequent employment in a position covered by the teacher system must occur within a period of five years from and after the date on which such person left a position covered by the public system. Such return of accumulated contributions shall be made in accordance with such rules and regulations as the board of trustees of the public system shall from time to time adopt.
(b) Transfer from teacher service system to public service system. -- Notwithstanding the provisions of law governing the state teachers' retirement system, in the event a member leaves a position covered by the teacher system and becomes employed in a position covered by the public system, he shall not forfeit his credited service acquired as a member of the teacher system: Provided, That he returns to the teacher system the amount of accumulated contributions he might have withdrawn therefrom, together with interest prescribed by the said teacher system: Provided, however, That he has not retired under either the public system or the teacher system: Provided further, That after the effective date of this article such subsequent employment in a position covered by the public system must occur within a period of five years from and after the date on which such person left a position covered by the teacher system. Such return of accumulated contributions shall be made in accordance with such rules and regulations as the retirement board of the teacher system shall from time to time adopt.

(c) Transfer from teacher service system to public service system where job position is transferred. -- Notwithstanding the provisions of law governing the state teachers' retirement system, if a member's job position is covered by the teacher system and the job position is transferred to another department which is covered by the public system,

NOTE: The purpose of this bill is to provide for transfer from the Teachers Retirement System to the Public Employees Retirement System when an employee's job position is transferred from a department covered by the teacher system to another department covered by the public employee system.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.