ENROLLED
H. B. 2118
(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
[Passed March 8, 2003; in effect July 1, 2003.]
AN ACT to amend and reenact section twelve, article two-a, chapter
fifteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the rights of
members of the West Virginia state police retirement system
and increasing certain benefits to dependents of a state
trooper who dies in performance of his duties.
Be it enacted by the Legislature of West Virginia:
That section twelve, article two-a, chapter fifteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted, all to read as follows:
ARTICLE 2A. WEST VIRGINIA STATE POLICE RETIREMENT SYSTEM.
§15-2A-12. Awards and benefits to dependents of member - When
member dies in performance of duty, etc.; dependent
child scholarship and amount.
The surviving spouse, the dependent child or children or
dependent parent or parents of any member who has lost or loses his
or her life by reason of injury, illness or disease resulting from
an occupational risk or hazard inherent in or peculiar to the
service required of members while the member was or is engaged in
the performance of his or her duties as a member of the division,
or the survivor of a member who dies from any cause after having
been retired pursuant to the provisions of section nine of this
article, is entitled to receive and shall be paid from the fund
benefits as follows: To the surviving spouse annually, in equal
monthly installments during his or her lifetime, one or the other
of two amounts, which shall become immediately available and which
shall be the greater of:
(1) An amount equal to nine tenths of the base salary received
in the preceding twelve-month employment period by the deceased
member: Provided, That if the member had not been employed with
the division for twelve months prior to his or her death, the
amount of monthly salary shall be annualized for the purpose of
determining the benefit; or
(2) The sum of ten thousand dollars.
In addition thereto, the surviving spouse is entitled to
receive and there shall be paid to that person one hundred fifty
dollars monthly for each dependent child or children. If the
surviving spouse dies or if there is no surviving spouse, there shall be paid monthly to each dependent child or children from the
fund a sum equal to one third of the surviving spouse's
entitlement. If there is no surviving spouse and no dependent
child or children, there shall be paid annually in equal monthly
installments from the fund to the dependent parents of the deceased
member during their joint lifetimes a sum equal to the amount which
a surviving spouse, without children, would have received:
Provided, That when there is but one dependent parent surviving,
that parent is entitled to receive during his or her lifetime one
half the amount which both parents, if living, would have been
entitled to receive.
Any person qualifying as a surviving dependent child under
this section is, in addition to any other benefits due under this
or other sections of this article, entitled to receive a
scholarship to be applied to the career development education of
that person. This sum, up to but not exceeding seven thousand five
hundred dollars, shall be paid from the fund to any university or
college in this state or to any trade or vocational school or other
entity in this state approved by the board, to offset the expenses
of tuition, room and board, books, fees or other costs incurred in
a course of study at any of these institutions so long as the
recipient makes application to the board on an approved form and
under any rules the board provides and maintains scholastic
eligibility as defined by the institution or the board. The board may by appropriate rules define age requirements, physical and
mental requirements, scholastic eligibility, disbursement methods,
institutional qualifications and other requirements as necessary
and not inconsistent with this section.
Awards and benefits for a surviving spouse or dependents of a
member received under any section or any of the provisions of this
retirement system shall be in lieu of receipt of any benefits for
these persons under the provisions of any other state retirement
system. Receipt of benefits under any other state retirement
system shall be in lieu of any right to receive any benefits under
this retirement system, so that only a single receipt of state
retirement benefits shall occur.