H. B. 4033
(By Delegate Delegates Stalnaker, Browning, Williams,
Frederick, Hall, Duke and Manchin)
[Introduced January 17, 2006; referred to the
Committee on Pensions and Retirement then Finance.]
A BILL to amend and reenact §15-2-31a of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto a
new section, designated §15-2-52, all relating to the Death,
Disability and Retirement Fund; clarifying benefit termination
for and reapplication by disability retirants terminated for
economic causes and termination of retirement benefits for
fraud.
Be it enacted by the Legislature of West Virginia:
That §15-2-31a of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that said code be amended by adding
thereto a new section, designated §15-2-52, all to read as follows:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-31a. Application for disability benefit; determinations.
(a) Application for a disability benefit may be made by a
member or, if the member is under an incapacity, by a person acting
with legal authority on the member's behalf. After receiving an application for a disability benefit from a member or a person
acting with legal authority on behalf of the member, the board
shall notify the superintendent of the department that an
application has been filed: Provided, That when, in the judgment
of the superintendent, a member is no longer physically or mentally
fit for continued duty as a member of the West Virginia State
Police and the member has failed or refused to make application for
disability benefits under this article, the superintendent may
petition the board to retire the member on the basis of disability
pursuant to rules which may be established by the board. Within
thirty days of the superintendent's receipt of the notice from the
board or the filing of the superintendent's petition with the
board, the superintendent shall forward to the board a statement
certifying the duties of the member's employment, information
relating to the superintendent's position on the work relatedness
of the member's alleged disability, complete copies of the member's
medical file and any other information requested by the board in
its processing of the application, if this information is requested
timely.
(b) The board shall propose legislative rules in accordance
with the provisions of article three, chapter twenty-nine-a of this
code relating to the processing of applications and petitions for
disability retirement under this article.
(c) The board shall notify a member and the superintendent of its final action on the disability application or petition within
ten days of the board's final action. The notice shall be sent by
certified mail, return receipt requested. If either the member or
the superintendent is aggrieved by the decision of the board and
intends to pursue judicial review of the board's decision as
provided in section four, article five, chapter twenty-nine-a of
this code, the party so aggrieved shall notify the board within
twenty days of the member's or superintendent's receipt of the
board's notice that they intend to pursue judicial review of the
board's decision.
(d) The board may require a disability benefit recipient to
file an annual statement of earnings and any other information
required in rules which may be adopted by the board. The board may
waive the requirement that a disability benefit recipient file the
annual statement of earnings if the board's physician certifies
that the recipient's disability is ongoing. The board shall
annually examine the information submitted by the recipient. If a
disability retirant refuses to file a statement and information,
the disability benefit shall be suspended until the statement and
information are filed.
(e) If a review of the disability retirant's annual statement
of earnings or other financial information as required by the board
determines that the disability retirant's earned income for the
preceding year exceeds the substantial gainful activity amount as defined by the United States Social Security Administration, the
disability retirant's annuity shall be terminated by the board,
upon recommendation of the board's disability review committee, on
the first day of the month following the board's action. Any
person who wishes to reapply for disability retirement and whose
disability retirement has been terminated by the board for
exceeding the substantial gainful activity amount may do so within
ninety days of the effective date of termination: Provided, That
any person reapplying for disability benefits must also undergo an
examination at the applicant's expense by an appropriate medical
professional selected by the board.
§15-2-52 Termination of benefits; procedures.
(a) Whenever the board determines that any person has
knowingly made any false statement or falsified or permitted to be
falsified any record or records of the retirement system in an
attempt to defraud the system, the board shall terminate any
retirement or disability benefits the person is receiving.
(b) Any termination of benefits pursuant to this section may
be appealed pursuant to the state administrative procedures act in
chapter twenty-nine-a of this code. The board may promulgate
rules in accordance with the provisions of article three, chapter
twenty-nine-a of this code, regarding the procedure for termination
of benefits and any repayment of benefits.
NOTE: The purpose of this bill is to clarify benefit
termination for disability retirants terminated for economic causes and reapplication by disability retirants terminated for economic
causes. It also adds a new section to permit the board to
terminate benefits for a retirant who obtained his or her benefits
fraudulently and allows for an administrative appeal of the
termination.
Strike-throughs indicate language that would be stricken from
the present law and underscoring indicates new language that would
be added.
§15-2-52 is a new section and therefore all underscorings and
strike-throughs have been omitted.