Senate Bill No. 106
(By Senators Tomblin (Mr. President) and Sprouse
By Request of the Executive)
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[Introduced January 10,2003; referred to the Committee on
Pensions; and then to the Committee on Finance.]
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A BILL to amend
and reenact
sections six, nine and ten, article
two-a, chapter fifteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, all relating to
the rights of members of the West Virginia state police
retirement system; and lowering the normal retirement age.
Be it enacted by the Legislature of West Virginia:
That sections six, nine and ten, 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-6. Retirement; commencement of benefits.
A member may retire with full benefits upon attaining the age
of fifty-five fifty and completing twenty or more years of service,
by lodging with the consolidated public retirement board his or her voluntary petition in writing for retirement. A member who is less
than age fifty-five fifty may retire upon completing twenty years
or more of service: Provided, That he or she will receive a
reduced benefit that is of equal actuarial value to the benefit the
member would have received if the member deferred commencement of
his or her accrued retirement benefit to the age of fifty-five
fifty.
When the retirement board retires a member with full benefits
under the provisions of this section, the board, by order in
writing, shall make a determination that the member is entitled to
receive on annuity equal to two and three-fourths percent of his or
her final average salary multiplied by the number of years, and
fraction of a year, of his or her service in the division at the
time of retirement.
In no event may the provision of section thirteen, article
sixteen, chapter five be applied in determining eligibility to
retire with either a deferred or immediate commencement of benefit.
§15-2A-9. Awards and benefits for disability - Incurred in
performance of duty.
Any member of the division who has been or shall become
physically or mentally permanently disabled by injury, illness or
disease resulting from any occupational risk or hazard inherent in
or peculiar to the services required of members of the division and
incurred pursuant to or while the member was or shall be engaged in the performance of his or her duties as a member of the division
shall, if, in the opinion of the retirement board, he or she is by
reason of such cause unable to perform adequately the duties
required of him or her as a member of the division, but is able to
engage in other gainful employment be retired from active service
by the board. The member shall thereafter be entitled to receive
annually and there shall be paid to the member from the fund in
equal monthly installments during the lifetime of the member, or
until the member attains the age of fifty-five fifty or until such
disability shall sooner terminate, one or the other of two amounts,
whichever is greater:
(1) An amount equal to six tenths of the base salary received
in the preceding twelve-month employment period: Provided, That if
the member had not been employed with the division for twelve
months prior to the disability, the amount of monthly salary shall
be annualized for the purpose of determining the benefit; or
(2) The sum of six thousand dollars.
Upon attaining age fifty-five fifty, the member shall receive the
benefit provided for in section six of this article as it would
apply to his or her final average salary based on earnings from the
division through the day immediately preceding his or her
disability. The recalculation of benefit upon a member attaining
age fifty-five fifty shall be deemed to be a retirement under the
provisions of section six of this article, for purposes of determining the amount of annual annuity adjustment and for all
other purposes of this article.
If any member shall become permanently physically or mentally
disabled by injury, illness or disease resulting from any
occupational risk or hazard inherent in or peculiar to the services
required of members of the division and incurred pursuant to or
while such member was or shall be engaged in the performance of his
or her duties as a member of the division to the extent that the
member is or shall be incapacitated ever to engage in any gainful
employment, the member shall be entitled to receive annually, and
there shall be paid to such member from the fund in equal monthly
installments during the lifetime of the member or until such
disability shall sooner terminate, an amount equal to the amount of
the base salary received by the member in the preceding
twelve-month employment period.
The superintendent of the division is authorized to expend
moneys from funds appropriated for the division in payment of
medical, surgical, laboratory, X-ray, hospital, ambulance and
dental expenses and fees, and reasonable costs and expenses
incurred in the purchase of artificial limbs and other approved
appliances which may be reasonably necessary for any member of the
division who has or shall become temporarily, permanently or
totally disabled by injury, peculiar to the service required of
members of the division and incurred pursuant to or while the
member was or shall be engaged in the performance of duties as a member of the division. Whenever the superintendent shall
determine that any disabled member is ineligible to receive any of
the aforesaid benefits at public expense, the superintendent shall,
at the request of the disabled member, refer such matter to the
board for hearing and final decision.
§15-2A-10. Same - Due to other causes.
If any member while in active service of the division has or
shall, in the opinion of the board, become permanently disabled to
the extent that he or she cannot adequately perform the duties
required of a member of the division for any cause other than those
set forth in the preceding section and not due to vicious habits,
intemperance or willful misconduct on his or her part, the member
shall be retired by the board. There shall be paid to the member
from the fund in equal monthly installments, commencing on the date
the member shall be retired and continuing during the lifetime of
the member, or until the member attains the age of fifty-five
fifty; while in status of retirement an amount equal to one-half
the base salary received by the member in the preceding
twelve-month period: Provided, That if the member had not been
employed with the division for twelve months prior to the
disability, the amount of the monthly salary shall be annualized
for the purpose of determining the benefit.
Upon attaining age fifty-five fifty, the member shall receive the
benefit provided for in section six of this article as it would apply to his or her final average salary based on earnings from the
division through the day immediately preceding his or her
disability. The recalculation of benefit upon a member attaining
age fifty-five fifty shall be deemed to be a retirement under the
provisions of section six of this article, for purposes of
determining the amount of annual annuity adjustment and for all
other purposes of this article.
NOTE: The purpose of this bill is to adjust retirement
benefits for all members of the West Virginia State Police
Retirement System.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.