H. B. 3074
(By Delegates Browning and Staton)
[Introduced February 19, 2003; referred to the
Committee on Pensions and Retirement then Finance.]
A BILL to amend and reenact section thirteen-a, article seven-a,
chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to the state
teachers retirement system; providing that retired members may
accept contract employment for up to one hundred forty days
with a county board of education and still receive their
Be it enacted by the Legislature of West Virginia:
That section thirteen-a, article seven-a, chapter eighteen of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.
§18-7A-13a. Resumption of service by retired teachers.
the purpose purposes of this section, reemployment of a
former or retired teacher as a teacher shall in no way impair such
that teacher's eligibility for a prior service pension, or any
other benefit provided by this article.
Retired teachers, who qualified for an annuity because of age
or service, may not receive prior service allowance from the
retirement board when
employed reemployed as a teacher and when
regularly employed by the state of West Virginia or non-teaching
member for more than one hundred forty days in a school year. The
payment of such the allowance shall be discontinued on the first
day of the month within which such employment the reemployment
begins, and shall be resumed on the first day of the month
succeeding the month within which such employment the reemployment
ceases. The annuity paid any such teacher on first retirement
resulting from the teachers' accumulation fund and the employers'
accumulation fund shall continue throughout the governmental
service teachers' reemployment and thereafter according to the
option selected by the teacher upon his or her first retirement.
Any retired teacher, other than a college teacher,
contract employment with an employer member of the retirement
system created by this article for no more than one hundred forty
days in a school year, and who is not considered to be a permanent or regular employee, shall continue to receive his or her normal
monthly benefit during the period of contract employment.
Retired teachers, who qualified for an annuity because of
disability, shall not receive
no any further retirement payments,
if the retirement board finds that the disability of the teacher no
longer exists; payment shall be discontinued on the first day of
the month within which such a finding is made. If such a retired
teacher returns to service as a teacher, he or she shall contribute
to the teachers' accumulation fund as a member of the system. His
or her prior service eligibility, if any, shall not be impaired
because of his or her disability retirement. His or her
accumulated contributions and interest which were transferred to
the benefit fund upon his or her retirement shall be returned to
his or her individual account in the teachers' accumulation fund,
minus retirement payments received which were not supported by such
contributions and interest. Upon subsequent retirement, he or she
shall receive credit for all of his or her contributory experience,
notwithstanding anything to the contrary in this article.
Notwithstanding any provision of this code to the contrary, a
person who retires under the system
provided created by this
article may subsequently become employed on either a full-time, part-time basis or contract basis by any institution of higher
education without any loss of retirement annuity or retirement
benefits if the person's retirement commences between the effective
date of the enactment of this section in two thousand two and the
thirty-first day of December, two thousand two: Provided, That
such person shall not be eligible to participate in any other state
retirement system provided by this code.
The retirement board is herewith authorized to require of
retired teachers and their employers such any reports as it deems
considers necessary to effectuate the provisions of this section.
NOTE: The purpose of this bill is to allow a retired member
of the Teachers Retirement System to be reemployed on a contract
basis for up to 140 days per year.
Strike-throughs indicate language that would be removed from
current law; and underscoring indicates new language which would be