H. B. 4592
(By Delegates Duke, Roberts, Blair, Tabb, Doyle,
Wysong, Hamilton, Rowan, Overington,
Trump and Browning)
[Introduced February 16, 2006; referred to the
Committee on Pensions and Retirement then Finance.]
A BILL to amend and reenact §15-2A-9 and §15-2A-10 of the Code of
West Virginia, 1931, as amended, all relating to providing
that a State Policeman who retires on a disability pension for
an injury incurred in the performance of duty will continue to
receive a disability pension after age fifty-five instead of
having the pension converted to a regular retirement pension.
Be it enacted by the Legislature of West Virginia:
That §15-2A-9 and §15-2A-10 of the Code of West Virginia,
1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 2A. WEST VIRGINIA STATE POLICE RETIREMENT SYSTEM.
§15-2A-9. Awards and benefits for disability -- Incurred in
performance of duty.
(a) Except as otherwise provided in this section, a member of
the department who has not yet entered retirement status on the
basis of age and service and who becomes partially 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 department and incurred pursuant to or while the member was
engaged in the performance of his or her duties as a member of the
department 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 department, but is
able to engage in other gainful employment in a field other than
law-enforcement, be retired from active service by the board. The
member thereafter is 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 or until the disability sooner terminates, 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 department 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, the member shall receive the
benefit provided in section six of this article as it would apply
to his or her final average salary based on earnings from the
Department through the day immediately preceding his or her
disability. The recalculation of benefit upon a member attaining age fifty-five shall be considered 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 Provided, That
A member who is partially disabled under this article may not,
while in receipt of benefits for partial disability, be employed as
a law-enforcement officer: Provided, That a member retired on a
partial disability under this article may serve as an elected
sheriff or appointed chief of police in the state without a loss of
disability retirement benefits so long as the elected or appointed
position is shown, to the satisfaction of the board, to require the
performance of administrative duties and functions only, as opposed
to the full range of duties of a law-enforcement officer.
(b) Any member who has not yet entered retirement status on
the basis of age and service and who becomes physically or mentally
disabled by injury, illness or disease on a probable permanent
basis resulting from any occupational risk or hazard inherent in or
peculiar to the services required of members of the department and
incurred pursuant to or while the member was or is engaged in the
performance of his or her duties as a member of the department to
the extent that the member is incapacitated ever to engage in any
gainful employment, the member is 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 disability sooner terminates, an amount equal to the amount of the
base salary received by the member in the preceding twelve-month
employment period.
(c) The superintendent of the department may expend moneys
from funds appropriated for the department 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 department
who is temporarily, permanently or totally disabled by injury,
illness or disease resulting from any occupational risk or hazard
inherent in or peculiar to the service required of members of the
department and incurred pursuant to or while the member was or
shall be engaged in the performance of duties as a member of the
department. Whenever the superintendent determines 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 the matter to the board for
hearing and final decision. In no case will the compensation
rendered to health care providers for medical and hospital services
exceed the then current rate schedule in use by the Bureau of
Employment Programs, Workers' Compensation Division.
§15-2A-10. Same -- Due to other causes.
(a) If any member while in active service of the State Police becomes partially or totally disabled on a probable permanent basis
to the extent that the member cannot adequately perform the duties
required of a member of the department from 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 annually
to the member from the fund in equal monthly installments,
commencing on the date the member is retired and continuing during
the lifetime of the member, or until the member attains the age of
fifty-five; 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 department for twelve months prior to the
disability, the amount of monthly salary shall be annualized for
the purpose of determining the benefit.
(b) Upon attaining age fifty-five, the member shall receive
the benefit provided in section six of this article as it would
apply to his or her final average salary based on earnings from the
Department through the day immediately preceding his or her
disability. The recalculation of benefit upon a member attaining
age fifty-five shall be considered 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 provide that a State
Policeman who retires on a disability pension for an injury
incurred in the performance of duty will continue to receive a
disability pension after age 55 instead of having the pension
converted to a regular retirement pension.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.