H. B. 2725
(By Mr. Speaker, Mr. Kiss (By Request))
[Introduced January 28, 2003; referred to the
Committee on Pensions and Retirement then Finance.]
A BILL to amend and reenact section twenty-five, article ten,
chapter five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to public employees
retirement system; and preventing reduction of disability
pensions at age sixty-five.
Be it enacted by the Legislature of West Virginia:
That section twenty-five, 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.
§5-10-25. Disability retirement.
(a) Upon the application of a member or former member of the
retirement system, or his or her present or past employing
authority, any member or former member who is in the employ of a participating public employer or was in the employ of a
participating public employer on a date which is twelve months or
less from the date upon which the former member became
incapacitated, who has ten or more years of credited service of
which three years is contributing service, and who becomes totally
and permanently incapacitated for employment, by reason of a
personal injury or disease, may be retired by the board if after a
medical examination of the said member or former member made by or
under the direction of a medical committee consisting of two
physicians, one of whom shall be named by the board, and one by the
said
said
such the incapacity will probably be permanent, and that the said
said
said
the member or former member. A former member who has not been
employed by a participating public employer may receive disability
retirement under the provisions of this subsection if, in the
opinion of the medical committee, the incapacity occurred during
the time that the former member was employed by a participating public employer and the incapacity otherwise qualifies the former
member for retirement under this subsection.
(b) A member with less than ten years of credited service
shall have the service requirement provided for in subsection (a)
above (including the requirement of three years contributing
service) waived in the event: (1) The board finds his or her total
and permanent disability to be the natural and proximate result of
a personal injury or disease arising out of and in the course of
his or her actual performance of duty in the employ of a
participating public employer; and (2) he or she is receiving or
has received workers' compensation benefits on account of such the
physical or mental disability.
(c) For any member or former member retiring and any member
retired, as of March one, one thousand nine hundred seventy, he or
she shall receive a straight life annuity computed according to
section twenty-two hereof and he or she shall have the right to
elect an option provided for in section twenty-four hereof:
Provided, That his or her straight life annuity payable to his or
her attainment of age sixty-five years may not be less than fifty
percent of his or her final average salary: and his or her said
straight life annuity payable from and after his or her attainment
of age sixty-five years may not be less than twenty percent of his
or her final average salary: Provided, however, That his or her
said annuity shall be subject to section twenty-six hereof.
Note: The purpose of this bill is to prevent a reduction in
the annuity of a person who retires with disability retirement at
age sixty-five.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.