ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 423
(Senators Hunter, Oliverio, Edgell, Caldwell, Rowe and Redd, original
sponsors)
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[Passed March 9, 2002; in effect ninety days from passage.]
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AN ACT 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
thirty-eight, relating to providing, for the purpose of
receiving retirement benefits, that only the actual number of
hours worked by a retirant who is substitute teaching are
counted when determining the number of days worked.
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 thirty-eight, to read as follows:
ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.
§18-7A-38. Calculating days worked for retirants engaged in
substitute teaching.
(a) The Legislature finds that:
(1) The consolidated public retirement board has determined
that retired substitute teachers should not perform substitute
teaching without limit;
(2) The consolidated public retirement board has established,
by rule, a maximum number of days in which a retired teacher may
accept employment prior to having his or her retirement benefit
reduced; and
(3) There have been inconsistencies in the manner in which
county boards calculate the maximum number of days established by
rule.
(b) For the purpose of calculating whether a retired
substitute teacher has exceeded the maximum number of days in which
a substitute teacher may accept employment without incurring a
reduction in his or her retirement benefit, the number of days
worked shall be determined by:
(1) Totaling the number of hours worked; and
(2) Dividing by the standard number of hours that a full-time
teacher works per day.