H. B. 4536


(By Delegates Stemple, Varner, Swartzmiller,
Staton, Kominar, Michael and Amores)
[Introduced February 19, 2004; referred to the
Committee on the Judiciary.]



A BILL to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-10A-1 and §15-10A-2, all relating to establishing the law-enforcement act; to authorize the reemployment of retired county and municipality law-enforcement officers, and division of natural resource law-enforcement officers.

Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §15-10A-1 and §15-10A-2, all to read as follows:
ARTICLE 10A. LAW-ENFORCEMENT REEMPLOYMENT ACT.
§15-10A-1. Legislative findings.
The Legislature finds:
(1) That West Virginia law enforcement is currently suffering from an unacceptably high number of vacant law-enforcement positions because of military service obligations, and that given the time factors and expense associated with the hiring and training of personnel with no prior law-enforcement experience, it is in the interest of the state to reemploy retired law-enforcement officers in order to temporarily fill only the vacant positions of those law-enforcement officers called to active military duty;
(2) That no pension rights of any kind shall accrue or attach pursuant to reemployment under this section;
(3) That the law-enforcement agency shall bear no responsibility for medical payments for work-related injuries or illnesses of employees hired pursuant to this section, other than those commonly associated with state employees covered by workers' compensation.
§15-10A-2. Reemployment of law-enforcement officers.
(a) Notwithstanding any provision of this code to the contrary, any honorably retired law-enforcement officer of any county, municipality, or department of natural resources may, at the discretion of the head of a law-enforcement agency, as defined in section three, article ten of this chapter, be reemployed.
(b) Notwithstanding any provision of this code to the contrary, any honorably retired law-enforcement officer of any county, municipality, or division of natural resources who qualifies for reemployment shall possess all certification requirements for such law-enforcement position.
(c) Any member reemployed pursuant to the provisions of this section shall receive the same compensation as a regularly enlisted member of the same rank. Any member reemployed pursuant to this section shall receive credit for all years of service accrued prior to their retirement, as well as service rendered after reemployment. Any member reemployed pursuant to this section shall exercise the same authority as a regularly enlisted member of such law-enforcement agency. A reemployed law-enforcement officer shall wear the same uniform and insignia, is subject to the same oath, shall execute the same bond, shall exercise the same powers and is subject to the same limitations as a regularly enlisted member of such law-enforcement position.
(d) Any member reemployed pursuant to the provisions of this section is not eligible for promotion or reclassification of any type, nor is he or she eligible for appointment to temporary rank.
(e) Any reemployment offered subject to the provisions of this section shall be for a period not exceeding two years from the date of hiring.
(f) Any retired member applying for reemployment under this section is required to pass such mental and physical examinations, and meet such other requirements as may be provided in rules promulgated by the head of the applicable law-enforcement agency pursuant to this section.
(g) The head of the law-enforcement shall make provisions for coverage of personnel employed pursuant to this section by the workers' compensation division, bureau of employment programs. In the event a member reemployed pursuant to this section sustains an illness or injury which is work related in origin, any cost associated with the treatment shall be defrayed in this manner.
(h) In the event a work-related illness or injury, as described within subsection (g) above, renders a member employed pursuant to the provisions of this section permanently physically or mentally disabled, the applicable law-enforcement agencies disability shall apply, and the member's existing pension shall be recalculated as though the disabling event had occurred coincident with the member's original retirement. Any change in benefits resulting from this recalculation may not be retroactive in nature. The provisions of subsection (c), section twenty-nine of this article do not apply with respect to payments for medical, surgical, laboratory, X ray, hospital, ambulance and dental expenses and fees. Neither do the provisions of this subsection apply in the event the member is disabled because of some cause or event which is determined not to be work related.
(i) Any individual reemployed pursuant to this section is not eligible to contribute to any pension plan administered by the consolidated public retirement board, nor may he or she establish or accrue any new pension eligibility pursuant to such reemployment.
(j) Notwithstanding any provision of this code to the contrary, any member reemployed pursuant to this section shall serve at the will and pleasure of the head of the law-enforcement agency, and is subject to termination without cause. Any member reemployed pursuant to this section may not be included in the classified service of the civil service system.
(k) Notwithstanding any provision of this code to the contrary, compensation paid to any member reemployed pursuant to this section shall be in addition to any public employees insurance act retirement benefits, or any other retirement payments or pension benefits which he or she is already entitled to receive.


NOTE: The purpose of this bill is to establish the law-enforcement reemployment act; to authorize the reemployment of retired county and municipality law-enforcement officers and DNR officers that meet certification requirements, but without accruing any additional retirement, or receiving any benefits.

 §15-10A-1 and §15-10A-2 are new; therefore, strike-throughs and underscoring have been omitted.