H. B. 2920
(By Mr. Speaker, Mr. Kiss and Delegates Campbell,
Michael, Mezzatesta, Warner, Williams and Canterbury)
[Introduced February 10, 2003; referred to the
Committee on Pensions and Retirement then Finance.]
A BILL 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 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 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 shall lose 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
shall be 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, shall be 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 seven eight 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 six ten thousand dollars.
In addition thereto, the surviving spouse shall be entitled to
receive and there shall be paid to such 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 fourth 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 shall, in addition to any other benefits due under
this or other sections of this article, be 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 such rules as the board may provide 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.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.