WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
FIRST EXTRAORDINARY SESSION, 2008
FIRST DAY
____________
Charleston, W. Va., Sunday, March 16, 2008
Pursuant to the proclamation of His Excellency, the Governor,
the Honorable Joe Manchin III, dated the fifteenth day of March,
two thousand eight, convening the seventy-eighth Legislature of
West Virginia in extraordinary session today (Sunday, March 16,
2008), under the provisions of section seven, article seven of the
Constitution of West Virginia, the Senate assembled in its chamber
in the state capitol in the City of Charleston immediately upon
adjournment sine die of the Extended Budget Session and was called
to order by its President, the Honorable Earl Ray Tomblin.
Prayer was offered by the Honorable Mike Hall, a senator from
the fourth district.
On the call of the roll, the following answered to their
names:
Senators Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell,
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter,
Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio,
Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President).
Thirty-two members having answered to their names, the
President declared the presence of a quorum.
Executive Communications
Senator Tomblin (Mr. President) laid before the Senate the
following proclamation from His Excellency, the Governor, convening
the Legislature in extraordinary session, which was read by the
Clerk:
STATE OF WEST VIRGINIA
EXECUTIVE DEPARTMENT
CHARLESTON
A P R O C L A M A T I O N
By the Governor
I, JOE MANCHIN III, GOVERNOR of the State of West Virginia, by
virtue of the authority vested in me by Section 7, Article VII of
the Constitution of West Virginia, do hereby call the Legislature
of West Virginia to convene in Extraordinary Session upon
adjournment sine die of the 2008 Regular Session, as extended by
proclamation dated March 5, 2008, and further extended by
proclamations dated March 11, 2008, and March 14, 2008, in its
chambers in the State Capitol, City of Charleston, for the sole
purpose of considering and acting upon the following matters:
FIRST: Certain supplementary appropriation bills.
SECOND: Certain ceremonial resolutions.
THIRD: Legislation permitting members of the Teachers'
Defined Contribution Retirement System to affirmatively elect to
transfer to the State Teachers Retirement System under certain
conditions.
FOURTH: Legislation establishing boards of governors for
independent community and technical colleges; providing for the
initial appointment to and the terms of office of members of the
boards of governors of independent community and technical
colleges; relating to the appointment and membership of
institutional boards of governors of state institutions of higher
education; and providing for the election of a chairperson of
institutional boards of governors in the fiscal year beginning on
the first day of July, two thousand eight.
FIFTH: Legislation providing for a one-time bonus payment of
six hundred dollars to certain annuitants of the Public Employees
Retirement System and the State Teachers Retirement System.
SIXTH: Legislation requiring notice to the Governor, the
Secretary of the Department of Administration and the Legislature
upon commencement of actions on behalf of the state; requiring
notice prior to settlement of such actions; and requiring notice of
potential recovery through seizure or forfeiture of assets in
certain criminal cases.
SEVENTH: Legislation to authorize and appropriate the
expenditure of public moneys to pay the expenses of this extraordinary session.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Great Seal of the State of West Virginia to be affixed.
DONE at the Capitol in the City of
Charleston, State of West
Virginia, on this the Fifteenth
day of March, in the year of our
Lord, Two Thousand Eight, and in
the One Hundred Forty-Fifth year
of the State.
JOE MANCHIN III,
Governor.
By the Governor:
BETTY IRELAND,
Secretary of State.
Senator Chafin offered the following resolution:
Senate Resolution No. 101--Raising a committee to inform the
House of Delegates the Senate has assembled in extraordinary
session.
Resolved by the Senate:
That a committee of three be appointed by the President to
inform the House of Delegates that the Senate has assembled in
extraordinary session, with a quorum present, and is ready to
proceed with the business for which the extraordinary session was called by His Excellency, the Governor.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Whereupon, the President appointed as members of such
committee the following:
Senators Edgell, Unger and Hall.
Subsequently, Senator Edgell, from the committee to notify the
House of Delegates the Senate has assembled in extraordinary
session, and is ready to proceed with the business of the session,
announced that the committee had discharged its duties.
A message from the House of Delegates, by
Delegates Fleischauer, Ennis and J. Miller, announced that the
House of Delegates has assembled in extraordinary session, with a
quorum present, and is ready to proceed with the business stated in
the proclamation convening the Legislature.
Senator Chafin then offered the following resolution:
Senate Resolution No. 102--Raising a committee to wait upon
the Governor.
Resolved by the Senate:
That a committee of three on the part of the Senate, to join
with a similar committee on the part of the House of Delegates, be
appointed by the President to notify His Excellency, the Governor,
that at his call the Legislature has assembled in extraordinary session, with a quorum of each house present; and is ready to
receive any communication or message he may be pleased to present
under section seven, article seven of the Constitution of West
Virginia, which provides that no business except that stated in his
proclamation be considered.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Whereupon, the President appointed as members of such
committee the following:
Senators Hunter, Stollings and Sprouse.
A message from the House of Delegates, by
Delegates Guthrie, Swartzmiller and C. Miller, announced that
the Speaker had appointed them a committee of three to join with a
similar committee on the part of the Senate to wait upon the
Governor, under the provisions of Senate Resolution No. 102.
Senate and House members of this select committee then proceeded to
the executive offices.
Subsequently, Senator Hunter reported that the joint Senate
and House committee had performed the duty assigned to it.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 1001--A Bill to amend and reenact §18B-2A-1 of
the Code of West Virginia, 1931, as amended, relating to higher
education generally; establishing boards of governors for
independent community and technical colleges; providing for the
initial appointment and the terms of office of members of the
boards of governors for independent community and technical
colleges; appointment and membership of institutional boards of
governors of state institutions of higher education; and providing
for the election of a chairperson of an institutional board of
governors during the fiscal year beginning on the first day of
July, two thousand eight.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 1002--A Bill to amend and reenact §55-17-1 and
§55-17-5 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new section, designated §55-17-
6, all relating to requiring notice to certain public officials
upon commencement of actions on behalf of the state, its
departments, agencies, political subdivisions or officers;
requiring notice prior to settlement of such actions; and requiring
notice of potential recovery through seizure or forfeiture of assets in certain criminal cases.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 1003--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5-10-22j; and to amend said code by adding thereto a
new section, designated §18-7A-26u, all relating to the Public
Employees Retirement System and the State Teachers Retirement
System; and providing for a one-time bonus payment for certain
annuitants.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 1004--A Bill to repeal §18-7C-1, §18-7C-2,
§18-7C-3, §18-7C-4, §18-7C-5, §18-7C-6, §18-7C-7, §18-7C-8, §18-7C-
9, §18-7C-10, §18-7C-11, §18-7C-12, §18-7C-13 and §18-7C-14 of the
Code of West Virginia, 1931, as amended; to amend and reenact §18-
7A-14, §18-7A-18, §18-7A-34 and §18-7A-40 of said code; to amend
and reenact §18-7B-7, §18-7B-7a and §18-7B-8 of said code; and to
amend said code by adding thereto a new article, designated §18-7D-
1, §18-7D-2, §18-7D-3, §18-7D-4, §18-7D-5, §18-7D-6, §18-7D-7, §18-
7D-8, §18-7D-9, §18-7D-10 and §18-7D-11, all relating to the State
Teachers Retirement System and the Teachers' Defined Contribution Retirement System generally; voluntary transfer of assets from the
Teachers' Defined Contribution Retirement System to the State
Teachers Retirement System; computing teachers' service;
authorizing certain loans; providing legislative findings and
purpose; providing definitions; providing opportunities for members
of the Teachers' Defined Contribution Retirement System to
affirmatively elect to transfer their assets to the State Teachers
Retirement System; establishing requirements and processes for
members to affirmatively elect to transfer; providing
responsibilities of the Consolidated Public Retirement Board;
setting forth dates and time periods for members to affirmatively
elect to transfer; providing for education about the opportunity to
affirmatively elect to transfer; requiring notice to members;
allowing Consolidated Public Retirement Board to contract directly
for professional services for purposes of performing its
responsibilities related to the voluntary transfer; providing for
voluntary transfer from the Teachers' Defined Contribution
Retirement System to the State Teachers Retirement System if sixty-
five percent or more of the actively contributing members
affirmatively elect to transfer; providing for transfer of assets
from the Teachers' Defined Contribution Retirement System to the
State Teachers Retirement System upon the affirmative election of
sixty-five percent or more of the actively contributing members;
providing for service credit in the State Teachers Retirement System; permitting transferring members to pay an actuarial reserve
in order to receive full credit upon transfer if at least sixty-
five percent, but less than seventy-five percent, of actively
contributing members affirmatively elect to transfer; permitting
transferring members to pay a one and one-half percent contribution
plus interest in order to receive full credit upon transfer if
seventy-five percent or more of actively contributing members
affirmatively elect to transfer; addressing withdrawals and cash-
outs; addressing qualified domestic relations orders; and providing
for vesting and minimum guarantees of benefits for members
affirmatively electing to transfer.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 1005--A Bill to amend and reenact §18B-2A-1 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §18B-3C-13 of said code, all relating to higher education
generally; establishing boards of governors for independent
community and technical colleges; providing for the initial
appointment and the terms of office of members of the boards of
governors for independent community and technical colleges;
appointment and membership of institutional boards of governors of
state institutions of higher education; and providing for the
election of a chairperson of an institutional board of governors during the fiscal year beginning on the first day of July, two
thousand eight.
Referred to the Committee on Finance.
Pending announcement of a meeting of a standing committee of
the Senate,
On motion of Senator Chafin, the Senate recessed until 6 p.m.
today.
Night Session
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Chafin, unanimous consent being granted,
returned to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 1006 (originating in the Committee on
Finance)--A Bill making a supplementary appropriation of public
moneys out of the Treasury from the balance of moneys remaining as
an unappropriated balance in the State Fund, General Revenue, to
the West Virginia Conservation Agency, fund 0132, fiscal year 2008,
organization 1400, to the Department of Administration - Office of
the Secretary, fund 0186, fiscal year 2008, organization 0201, to
the Department of Administration - Consolidated Public Retirement
Board, fund 0195, fiscal year 2008, organization 0205, to the
Department of Commerce - West Virginia Development Office, fund 0256, fiscal year 2008, organization 0307, to the Department of
Commerce - WORKFORCE West Virginia, fund 0572, fiscal year 2008,
organization 0323, to the Department of Education and the Arts -
Office of the Secretary, fund 0294, fiscal year 2008, organization
0431, to the Department of Health and Human Resources - Division of
Health - Central Office, fund 0407, fiscal year 2008, organization
0506, to the Department of Health and Human Resources - Division of
Human Services, fund 0403, fiscal year 2008, organization 0511, to
the Department of Military Affairs and Public Safety - Division of
Corrections - Correctional Units, fund 0450, fiscal year 2008,
organization 0608, and to the Higher Education Policy Commission -
Administration - Control Account, fund 0589, fiscal year 2008,
organization 0441, by supplementing and amending chapter twelve,
Acts of the Legislature, regular session, two thousand seven, known
as the Budget Bill.
Senate Bill No. 1007 (originating in the Committee on
Finance)--A Bill making a supplementary appropriation of Lottery
Net Profits from the balance of moneys remaining as an
unappropriated balance in Lottery Net Profits to the Division of
Natural Resources, fund 3267, fiscal year 2008, organization 0310,
and to the Bureau of Senior Services - Lottery Senior Citizens
Fund, fund 5405, fiscal year 2008, organization 0508, by
supplementing and amending the appropriations for the fiscal year
ending the thirtieth day of June, two thousand eight.
Senate Bill No. 1008 (originating in the Committee on
Finance)--A Bill making a supplementary appropriation of public
moneys out of the Treasury from the balance of moneys remaining as
an unappropriated surplus balance in the State Fund, General
Revenue, to the Department of Administration - Public Defender
Services, fund 0226, fiscal year 2008, organization 0221, to the
Department of Education - State Department of Education, fund 0313,
fiscal year 2008, organization 0402, to the Department of Education
- State Department of Education - State Aid to Schools, fund 0317,
fiscal year 2008, organization 0402, to the Department of Education
and the Arts - Division of Culture and History, fund 0293, fiscal
year 2008, organization 0432, to the Department of Education and
the Arts - Educational Broadcasting Authority, fund 0300, fiscal
year 2008, organization 0439, to the Department of Education and
the Arts - State Board of Rehabilitation - Division of
Rehabilitation Services, fund 0310, fiscal year 2008, organization
0932, to the Department of Health and Human Resources - Department
of Health and Human Resources - Office of the Secretary, fund 0400,
fiscal year 2008, organization 0501, to the Department of Health
and Human Resources - Division of Health - Central Office, fund
0407, fiscal year 2008, organization 0506, to the Department of
Military Affairs and Public Safety - Division of Veterans' Affairs,
fund 0456, fiscal year 2008, organization 0613, and to the Higher
Education Policy Commission - Administration - Control Account, fund 0589, fiscal year 2008, organization 0441, by supplementing
and amending the appropriations for the fiscal year ending the
thirtieth day of June, two thousand eight.
Senate Bill No. 1009 (originating in the Committee on
Finance)--A Bill making a supplementary appropriation from the
balance of moneys remaining unappropriated for the fiscal year
ending the thirtieth day of June, two thousand eight, to the
Department of Administration - Office of the Secretary - Employee
Pension and Health Care Benefit Fund, fund 2044, fiscal year 2008,
organization 0201, supplementing and amending chapter twelve, Acts
of the Legislature, regular session, two thousand seven, known as
the Budget Bill.
And,
Senate Bill No. 1010 (originating in the Committee on
Finance)--A Bill making a supplementary appropriation of public
moneys out of the Treasury from the balance of moneys remaining as
an unappropriated balance in the State Excess Lottery Revenue Fund
to the Lottery Commission - Excess Lottery Revenue Fund Surplus,
fund 7208, fiscal year 2008, organization 0705, to the West
Virginia Development Office, fund 3170, fiscal year 2008,
organization 0307, to the Division of Health - Central Office, fund
5219, fiscal year 2008, organization 0506, to the Department of
Military Affairs and Public Safety - Office of the Secretary, fund
6005, fiscal year 2008, organization 0601, to the Division of Corrections - Correctional Units, fund 6283, fiscal year 2008,
organization 0608, and to the Higher Education Policy Commission -
Administration - Control Account, fund 4932, fiscal year 2008,
organization 0441, by supplementing and amending chapter twelve,
Acts of the Legislature, regular session, two thousand seven, known
as the Budget Bill.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, Senate Bill No. 1006 contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--31.
The nays were: Barnes--1.
Absent: Bailey and Sharpe--2.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 1006 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White and Tomblin (Mr.
President)--31.
The nays were: Yoder--1.
Absent: Bailey and Sharpe--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1006) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green,
Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Unger, Wells, White and Tomblin (Mr. President)--31.
The nays were: Yoder--1.
Absent: Bailey and Sharpe--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1006) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Helmick, unanimous consent being
granted, Senate Bill No. 1007 contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--31.
The nays were: Barnes--1.
Absent: Bailey and Sharpe--2.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 1007 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Stollings, Sypolt,
Unger, Wells, White, Yoder and Tomblin (Mr. President)--30.
The nays were: Hall and Sprouse--2.
Absent: Bailey and Sharpe--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1007) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green,
Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie,
Minard, Oliverio, Plymale, Prezioso, Stollings, Sypolt, Unger,
Wells, White, Yoder and Tomblin (Mr. President)--30.
The nays were: Hall and Sprouse--2.
Absent: Bailey and Sharpe--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1007) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Helmick, unanimous consent being
granted, Senate Bill No. 1008 contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--30.
The nays were: Barnes and Hall--2.
Absent: Bailey and Sharpe--2.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 1008 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--31.
The nays were: Sypolt--1.
Absent: Bailey and Sharpe--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1008) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green,
Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Unger, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: Sypolt--1.
Absent: Bailey and Sharpe--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1008) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Helmick, unanimous consent being
granted, Senate Bill No. 1009 contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--31.
The nays were: Barnes--1.
Absent: Bailey and Sharpe--2.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 1009 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Bailey and Sharpe--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1009) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green,
Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Bailey and Sharpe--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1009) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Helmick, unanimous consent being
granted, Senate Bill No. 1010 contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration.
On motion of Senator Helmick, the bill was recommitted to the
Committee on Finance.
Pending announcement of a meeting of a standing committee of
the Senate,
On motion of Senator Chafin, the Senate recessed for five
minutes.
Upon expiration of the recess, the Senate reconvened and resumed business under the fourth order.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 1011 (originating in the Committee on
Finance)--A Bill making a supplementary appropriation of public
moneys out of the Treasury from the balance of moneys remaining as
an unappropriated balance in the State Excess Lottery Revenue Fund
to the Lottery Commission - Excess Lottery Revenue Fund Surplus,
fund 7208, fiscal year 2008, organization 0705, to the West
Virginia Development Office, fund 3170, fiscal year 2008,
organization 0307, to the Division of Health - Central Office, fund
5219, fiscal year 2008, organization 0506, to the Department of
Military Affairs and Public Safety - Office of the Secretary, fund
6005, fiscal year 2008, organization 0601, to the Division of
Corrections - Correctional Units, fund 6283, fiscal year 2008,
organization 0608, and to the Higher Education Policy Commission -
Administration - Control Account, fund 4932, fiscal year 2008,
organization 0441, by supplementing and amending chapter twelve,
Acts of the Legislature, regular session, two thousand seven, known
as the Budget Bill.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 1011) contained in the preceding
report from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Boley,
Bowman, Caruth, Chafin, Edgell, Facemyer, Fanning, Foster, Green,
Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Unger, Wells, White and Tomblin (Mr. President)--29.
The nays were: Barnes, Deem and Yoder--3.
Absent: Bailey and Sharpe--2.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 1011 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Bailey and Sharpe--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1011) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green,
Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Bailey and Sharpe--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1011) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 1004, Permitting Teachers' Defined Contribution Retirement System members to elect to transfer to
Teachers Retirement System under certain conditions.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 1004) contained in the preceding
report from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White and Tomblin (Mr.
President)--30.
The nays were: Barnes and Yoder--2.
Absent: Bailey and Sharpe--2.
The bill (S. B. No. 1004) was read a second time.
At the request of Senator Chafin, unanimous consent being
granted, further consideration of the bill was deferred until the
conclusion of House messages now lodged with the Clerk.
Without objection, the Senate returned to the third order of
business.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect June 30, 2008, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 102--A Bill to amend and reenact §18B-2A-1
of the Code of West Virginia, 1931, as amended, relating to higher
education generally; establishing boards of governors for
independent community and technical colleges; providing for the
initial appointment to and the terms of office of members of the
boards of governors for independent community and technical
colleges; relating to the appointment and membership of
institutional boards of governors of state institutions of higher
education; and providing for the election of a chairperson of an
institutional board of governors during the fiscal year beginning
on the first day of July, two thousand eight.
At the request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bowman,
Caruth, Chafin, Edgell, Facemyer, Fanning, Foster, Green, Guills,
Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie,
Minard, Oliverio, Plymale, Prezioso, Stollings, Unger, Wells, White
and Tomblin (Mr. President)--26.
The nays were: Barnes, Boley, Deem, Sprouse, Sypolt and
Yoder--6.
Absent: Bailey and Sharpe--2.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 102) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Bowman,
Chafin, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Oliverio, Plymale, Prezioso, Stollings, Unger, Wells, White, Yoder
and Tomblin (Mr. President)--27.
The nays were: Boley, Caruth, Deem, Sprouse and Sypolt--5.
Absent: Bailey and Sharpe--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 102) passed with its title.
Senator Chafin moved that the bill take effect June 30, 2008.
On this question, the yeas were: Barnes, Bowman, Chafin,
Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick,
Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio,
Plymale, Prezioso, Stollings, Unger, Wells, White, Yoder and
Tomblin (Mr. President)--27.
The nays were: Boley, Caruth, Deem, Sprouse and Sypolt--5.
Absent: Bailey and Sharpe--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 102) takes effect June 30, 2008.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 103--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5-10-22j; and to amend said code by adding thereto a
new section, designated §18-7A-26u, all relating to the Public
Employees Retirement System and the State Teachers Retirement
System; and providing for a one-time bonus payment for certain
annuitants.
At the request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered
to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Bailey and Sharpe--2.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 103) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Bailey and Sharpe--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 103) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green,
Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Bailey and Sharpe--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 103) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 104--A Bill to amend and reenact §55-17-1
and §55-17-5 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new section, designated §55-17-
6, all relating to requiring notice to certain public officials
upon commencement of actions on behalf of the state, its departments, agencies, political subdivisions or officers;
requiring notice prior to settlement of such actions; and requiring
notice of potential recovery through seizure or forfeiture of
assets in certain criminal cases.
At the request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White and Tomblin (Mr.
President)--31.
The nays were: Yoder--1.
Absent: Bailey and Sharpe--2.
The bill (Eng. H. B. No. 104) was then read a second time.
On motion of Senator Helmick, the following amendment to the
bill was reported by the Clerk and adopted:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §55-17-1 and §55-17-5 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 §55-17-6, all to read
as follows:
ARTICLE 17. PROCEDURES FOR CERTAIN ACTIONS ON BEHALF OF OR
AGAINST THE STATE.
§55-17-1. Findings; purpose.
(a) The Legislature finds that there are numerous actions,
suits and proceedings filed against state government agencies and
officials that may affect the public interest. Depending upon the
outcome, this type of litigation may have significant consequences
that can only be addressed by subsequent legislative action. In
these actions, the Legislature is not directly involved as a party.
The Legislature is not a proper party to these actions because of
an extensive structure of constitutional protections established to
safeguard the prerogatives of the legislative branch under our
governmental system of checks and balances. Government agencies
and their officials require more notice of these actions and time
to respond to them and the Legislature requires more timely
information regarding these actions, all in order to protect the
public interest. The Legislature further finds that protection of
the public interest is best served by clarifying that no government
agency may be subject to awards of punitive damages in any judicial
proceeding.
(b) The Legislature further finds that there are numerous
actions, suits and proceedings filed on behalf of the State of West
Virginia or a government agency thereof that may affect the public
interest. Depending upon the outcome, this type of litigation may
have significant consequences that can only be addressed by
subsequent legislative action. In such litigation, the Governor,
Department of Administration and the Legislature may not be
directly involved as parties. Additionally, the Governor,
Department of Administration and the Legislature need advance
notice of potential moneys that may become available as a result of
seizure or forfeiture of assets under state or federal criminal
law. The Governor, Department of Administration and the
Legislature require more timely information regarding these actions
in order to protect the public interest. The Legislature further
finds that protection of the public interest is best served by
requiring notice to the Governor, the Secretary of the Department
of Administration, the President of the Senate and the Speaker of
the House of Delegates of any action brought on behalf of the state
or a government agency thereof, which may result in a judgment,
award or settlement and when the state or a government agency
thereof becomes eligible for moneys from state or federal seizure
or forfeiture of assets in criminal cases.
(c) It is the purpose of this article to establish procedures
to be followed in certain civil actions filed on behalf of or against state government agencies and their officials.
§55-17-5. Notice of settlement, seizure or forfeiture.
(a) So that the Governor, the Department of Administration and
the Legislature may be aware of potential awards, the person or
entity bringing any action on behalf of the State of West Virginia,
or a government agency thereof, which could result in settlement or
judgment shall upon commencement of the action and prior to
entering into any settlement agreement which directs how the money
should be expended, notify and provide copies of pleadings and
related documents to the Governor, the Secretary of the Department
of Administration, the President of the Senate and the Speaker of
the House of Delegates.
(b) When a government agency becomes aware that moneys may be
available to them from a state or federal seizure or forfeiture in
a criminal case, they shall notify the Governor, the Secretary of
the Department of Administration, the President of the Senate and
the Speaker of the House of Delegates: Provided, That the total
value of the assets to be seized or forfeited exceeds two hundred
fifty thousand dollars.
§55-17-6. Construction of article.
(a) It is the express intent of the Legislature that the
provisions of this article be liberally construed to effectuate the
public policy set forth in section one of this article.
(b) The provisions of this article may not be construed to impose any liability upon a state agency from which the agency is
otherwise immune.
The bill, as amended, was ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 104) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Bailey and Sharpe--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 104) passed.
On motion of Senator Helmick, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. House Bill No. 104--A Bill to amend and reenact §55-17-1
and §55-17-5 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new section, designated §55-17-
6, all relating to requiring notice to certain public officials
upon commencement of actions on behalf of the state or a government
agency thereof; requiring notice prior to settlement of such actions; requiring notice of potential recovery through seizure or
forfeiture of assets in certain criminal cases; and providing for
statutory construction of the article.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
On motion of Senator Chafin, the Senate recessed for ten
minutes.
Upon expiration of the recess, the Senate reconvened and
resumed business under the third order.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 101--A Bill to repeal §18-7C-1, §18-7C-2,
§18-7C-3, §18-7C-4, §18-7C-5, §18-7C-6, §18-7C-7, §18-7C-8, §18-7C-
9, §18-7C-10, §18-7C-11, §18-7C-12, §18-7C-13 and §18-7C-14 of the
Code of West Virginia, 1931, as amended; to amend and reenact §18-
7A-14, §18-7A-18, §18-7A-34 and §18-7A-40 of said code; to amend
and reenact §18-7B-7, §18-7B-7a and §18-7B-8 of said code; and to
amend said code by adding thereto a new article, designated §18-7D-
1, §18-7D-2, §18-7D-3, §18-7D-4, §18-7D-5, §18-7D-6, §18-7D-7, §18-
7D-8, §18-7D-9, §18-7D-10 and §18-7D-11, all relating to the State
Teachers Retirement System and the Teachers' Defined Contribution
System generally; voluntary transfer of assets from the Teachers'
Defined Contribution Retirement System to the State Teachers Retirement System; computing teachers' service; authorizing certain
loans; providing legislative findings and purpose; providing
definitions; providing opportunities for members of the State
Teachers' Defined Contribution Retirement System to affirmatively
elect to transfer their assets to the State Teacher's Retirement
System; establishing requirements and processes for members to
affirmatively elect to transfer; providing responsibilities of the
Consolidated Public Retirement Board; setting forth dates and time
periods for members to affirmatively elect to transfer; providing
for education about the opportunity to affirmatively elect to
transfer; requiring notice to members; allowing Consolidated Public
Retirement Board to contract directly for professional services for
purposes of performing its responsibilities related to the
voluntary transfer; providing for voluntary transfer from the
Teachers' Defined Contribution Retirement System to the State
Teachers Retirement System if sixty-five percent or more of the
actively contributing members affirmatively elect to transfer;
providing for transfer of assets from the Teachers' Defined
Contribution Retirement System to the State Teachers Retirement
System upon the affirmative election of sixty-five percent or more
of the actively contributing members; providing for service credit
in the State Teachers Retirement System; permitting transferring
members to pay an actuarial reserve in order to receive full credit
upon transfer if at least sixty-five percent but less than seventy-five percent of actively contributing members affirmatively elect
to transfer; permitting transferring members to pay a one and one-
half percent contribution plus interest in order to receive full
credit upon transfer if seventy-five percent or more of actively
contributing members affirmatively elect to transfer; addressing
withdrawals and cash outs; addressing qualified domestic relations
orders; and providing for vesting and minimum guarantees of
benefits for members affirmatively electing to transfer.
At the request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Plymale, Prezioso, Stollings, Unger,
Wells, White and Tomblin (Mr. President)--27.
The nays were: Barnes, Oliverio, Sprouse, Sypolt and
Yoder--5.
Absent: Bailey and Sharpe--2.
The bill (Eng. H. B. No. 101) was then read a second time.
On motion of Senator Helmick, the following amendment to the
bill was reported by the Clerk:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §18-7C-1, §18-7C-2, §18-7C-3, §18-7C-4, §18-7C-5, §18-7C-
6, §18-7C-7, §18-7C-8, §18-7C-9, §18-7C-10, §18-7C-11, §18-7C-12,
§18-7C-13 and §18-7C-14 of the Code of West Virginia, 1931, as
amended, be repealed; that §18-7A-14, §18-7A-18, §18-7A-34 and §18-
7A-40 of said code be amended and reenacted; that §18-7B-7, §18-7B-
7a and §18-7B-8 of said code be amended and reenacted; and that
said code be amended by adding thereto a new article, designated
§18-7D-1, §18-7D-2, §18-7D-3, §18-7D-4, §18-7D-5, §18-7D-6, §18-7D-
7, §18-7D-8, §18-7D-9, §18-7D-10 and §18-7D-11, all to read as
follows:
ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.
§18-7A-14. Contributions by members; contributions by employers.
(a) At the end of each month every member of the retirement
system shall contribute six percent of that member's monthly gross
salary to the retirement board: Provided, That any member employed
by a state institution of higher education shall contribute on the
member's full earnable compensation, unless otherwise provided in
section fourteen-a of this article. The sums are due the Teachers
Retirement System at the end of each calendar month in arrears and
shall be paid not later than fifteen days following the end of the calendar month. Each remittance shall be accompanied by a detailed
summary of the sums withheld from the compensation of each member
for that month on forms, either paper or electronic, provided by
the Teachers Retirement System for that purpose.
(b) Annually, the contributions of each member shall be
credited to the member's account in the Teachers Retirement System
Fund. The contributions shall be deducted from the salaries of the
members as prescribed in this section and every member shall be
considered to have given consent to the deductions. No deductions,
however, shall be made from the earnable compensation of any member
who retired because of age or service and then resumed service
unless as provided in section thirteen-a of this article.
(c) The aggregate of employer contributions, due and payable
under this article, shall equal annually the total deductions from
the gross salary of members required by this section. Beginning the
first day of July, one thousand nine hundred ninety-four, the rate
shall be seven and one-half percent; beginning on the first day of
July, one thousand nine hundred ninety-five, the rate shall be nine
percent; beginning on the first day of July, one thousand nine
hundred ninety-six, the rate shall be ten and one-half percent;
beginning on the first day of July, one thousand nine hundred
ninety-seven, the rate shall be twelve percent; beginning on the
first day of July, one thousand nine hundred ninety-eight, the rate
shall be thirteen and one-half percent; and beginning on the first day of July, one thousand nine hundred ninety-nine, and thereafter,
the rate shall be fifteen percent: Provided, That the rate shall be
seven and one-half percent for any individual who becomes a member
of the Teachers Retirement System for the first time on or after
the first day of July, two thousand five, or any individual who
becomes a member of the Teachers Retirement System as a result of
the merger voluntary transfer contemplated in article seven-c
seven-d of this chapter.
(d) Payment by an employer to a member of the sum specified in
the employment contract minus the amount of the employee's
deductions shall be considered to be a full discharge of the
employer's contractual obligation as to earnable compensation.
(e) Each contributor shall file with the retirement board or
with the employer to be forwarded to the retirement board an
enrollment form showing the contributor's date of birth and other
data needed by the retirement board.
§18-7A-18. Teachers Employers Contribution Collection Account;
Teachers Retirement System Fund; transfers.
(a) There is hereby created in the State Treasury a special
revenue account designated the Teachers Employers Contribution
Collection Account to be administered by the Consolidated Public
Retirement Board. The Teachers Employers Contribution Collection
Account shall be an interest-bearing account with interest credited
to and deposited in the account and transferred in accordance with the provisions of this section.
(b) There shall be deposited into the Teachers Employers
Contribution Collection Account the following:
(1) Contributions of employers, through state appropriations,
and such amounts shall be included in the budget bill submitted
annually by the Governor;
(2) Beginning on the first day of July, two thousand five,
contributions from each county in an amount equal to fifteen
percent of all salary paid in excess of that authorized for minimum
salaries in sections two and eight-a, article four, chapter
eighteen-a of this code and any salary equity authorized in section
five of said article or any county supplement equal to the amount
distributed for salary equity among the counties for each
individual who was a member of the Teachers Retirement System
before the first day of July, two thousand five: Provided, That
the rate shall be seven and one-half percent for any individual who
becomes a member of the Teachers Retirement System for the first
time on or after the first day of July, two thousand five, or any
individual who becomes a member of the Teachers Retirement System
as a result of the merger transfer contemplated in article seven-c
seven-d of this chapter;
(3) The amounts transferred pursuant to section eighteen-a of
this article; and
(4) Any other moneys, available and not otherwise expended, which may be appropriated or transferred to this account.
(c) Moneys on deposit in the Teacher Employers Contribution
Collection Account shall be transferred monthly in the following
order:
(1) To the Teachers Retirement System Fund the amount
certified by the Consolidated Public Retirement Board as the
actuarially required contribution; and
(2) To the Pension Liability Redemption Fund the amount, if
any, appropriated in accordance with section eight, article eight,
chapter twelve of this code; and
(3) The balance, if any, to the Employee Pension and Health
Care Benefits Fund established under section thirty-nine, article
seven-a of this chapter.
(d) There is hereby continued in the State Treasury a separate
irrevocable trust designated the Teachers Retirement System Fund.
The Teachers Retirement System Fund shall be invested as provided
in section nine-a, article six, chapter twelve of this code.
(e) There shall be deposited into the Teachers Retirement
System Fund, the following:
(1) Moneys transferred from the Teachers Employers
Contribution Collection Account;
(2) Member contributions provided for in section fifteen of
this article;
(3) Gifts and bequests to the fund and any accretions and accumulations which may properly be paid into and become a part of
the fund;
(4) Specific appropriations to the fund made by the
Legislature;
(5) Interest on the investment of any part or parts of the
fund; and
(6) Any other moneys, available and not otherwise expended,
which may be appropriated or transferred to the Teachers Retirement
System or the fund.
(f) The Teachers Retirement System Fund shall be the fund from
which annuities shall be paid.
(g) The Consolidated Public Retirement Board has sole
authority to direct and approve the making of any and all fund
transfers as provided in this section, anything in this code to the
contrary notwithstanding.
(h) References in the code to the Teachers Accumulation Fund,
the Employers Accumulation Fund, the Benefit Fund, the Reserve Fund
and the Expense Fund mean the Teachers Retirement System Fund.
§18-7A-34. Loans to members.
(a) An actively contributing member of the retirement system,
upon written application, may borrow from his or her individual
account in the Teachers Accumulation Fund Retirement System,
subject to these restrictions:
(1) Loans shall be made in multiples of ten dollars, the minimal loan being one hundred dollars and the maximum being eight
thousand dollars: Provided, That the maximum amount of any loan
when added to the outstanding balance of all other loans shall not
exceed the lesser of the following: (A) Eight thousand dollars
reduced by the excess (if any) of the highest outstanding balance
of loans during the one-year period ending on the day before the
date on which the loan is made, over the outstanding balance of
loans to the member on the date on which the loan is made; or (B)
fifty percent of the member's contributions to his or her
individual account in the Teachers Accumulations Fund Retirement
System: Provided, however, That if the total amount of loaned
money outstanding exceeds forty million dollars, the maximum shall
not exceed three thousand dollars until the retirement board
determines that loans outstanding have been reduced to an extent
that additional loan amounts are again authorized: Provided
further, That the amount of any loan made pursuant to article
seven-d of this chapter is not included for the purposes of
determining if the forty million dollar threshold has been
exceeded.
(2) Interest charged on the amount of the loan shall be six
percent per annum, or a higher rate as set by the board: Provided,
That interest charged shall be commercially reasonable in
accordance with the provisions of Section 72(p)(2) of the Internal
Revenue Code and the federal regulations issued thereunder. If repayable in installments, the interest shall not exceed the annual
rate so established upon the principal amount of the loan, for the
entire period of the loan, and such charge shall be added to the
principal amount of the loan. The minimal interest charge shall be
for six months.
(3) No member is eligible for more than one outstanding loan
at any time: Provided, That the foregoing provision does not apply
to any loan made pursuant to article seven-d of this chapter. Upon
full payment of a loan, a member may apply for a subsequent loan
after sixty days beginning the first day of the month following
receipt of final payment.
(4) If a refund is payable to the borrower or his or her
beneficiary before he or she repays the loan with interest, the
balance due with interest to date shall be deducted from the
refund.
(5) From his or her monthly salary as a teacher or a
nonteacher the member shall pay the loan and interest by deductions
which will pay the loan and interest in substantially level
payments in not more than sixty nor less than six months. Upon
notice of loan granted and payment due, the employer is responsible
for making the salary deductions and reporting them to the
retirement board. At the option of the board, loan deductions may
be collected as prescribed herein for the collection of members'
contribution, or may be collected through issuance of warrant by employer. If the borrower is no longer employed as a teacher or
nonteaching member, the borrower must make monthly loan payments
directly to the Consolidated Public Retirement Board and the board
must accept the payments.
(6) The entire unpaid balance of any loan, and interest due
thereon, shall, at the option of the board, become due and payable
without further notice or demand upon the occurrence with respect
to the borrowing member of any of the following events of default:
(A) Any payment of principal and accrued interest on a loan remains
unpaid after it becomes due and payable under the terms of the loan
or after the grace period established in the discretion of the
Board; (B) the borrowing member attempts to make an assignment for
the benefit of creditors of his or her refund or benefit under the
retirement system; or (C) any other event of default set forth in
rules promulgated by the board in accordance with the authority
granted pursuant to section one, article ten-d, chapter five of
this code: Provided, That any refund or offset of an unpaid loan
balance shall be made only at the time the member is entitled to
receive a distribution under the retirement system.
(7) Loans shall be evidenced by such form of obligations and
shall be made upon such additional terms as to default, prepayment,
security and otherwise as the Retirement board may determine
determines.
(8) Notwithstanding anything herein to the contrary, the loan program authorized by this section shall comply with the provisions
of Section 72(p)(2) and Section 401 of the Internal Revenue Code,
and the federal regulations issued thereunder, and accordingly, the
retirement board is authorized to: (A) Apply and construe the
provisions of this section and administer the plan loan program in
such a manner as to comply with the provisions of Section 72(p)(2)
and Section 401 of the Internal Revenue Code and the federal
regulations issued thereunder; (B) adopt plan loan policies or
procedures consistent with these federal law provisions; and (C)
take such actions as it deems necessary or appropriate to
administer the plan loan program created hereunder in accordance
with these federal law provisions. The retirement board is further
authorized in connection with the plan loan program to take any
actions that may at any time be required by the Internal Revenue
Service regarding compliance with the requirements of Section
72(p)(2) or Section 401 of the Internal Revenue Code, and the
federal regulations issued thereunder, notwithstanding any
provision in this article to the contrary.
(b) Notwithstanding anything in this article to the contrary,
the loan program authorized by this section shall not be available
to any teacher or nonteacher who becomes a member of the Teachers
Retirement System on or after the first day of July, two thousand
five: Provided, That a member is eligible for a loan under
subsection (c), section six, article seven-c article seven-d of this chapter to pay all or part of the actuarial reserve or, if
available in accordance with the provisions of subsection (d),
section six of said article, the one and one-half percent
contribution for service in the Teachers' Defined Contribution Plan
System for the purpose of receiving additional service credit in
the State Teachers Retirement System pursuant to said section.
§18-7A-40. Higher education employees.
Nothing in this article or article seven-b of this chapter
shall be construed:
(1) To be in conflict with section four-a, article
twenty-three, chapter eighteen of this code; or
(2) To affect the membership of higher education employees who
are currently members of either the State Teachers Retirement
System created in this article or the Teachers' Defined
Contribution Retirement System created in article seven-b of this
chapter: Provided, That if the merger contemplated by article
seven-c of this chapter occurs, any higher education employees who
are currently members of the Teachers' Defined Contribution
Retirement System shall may become members of the Teachers
Retirement System upon meeting the requirements of article seven-d
of this chapter.
ARTICLE 7B. TEACHERS' DEFINED CONTRIBUTION RETIREMENT SYSTEM.
§18-7B-7. Participation in Teachers' Defined Contribution
Retirement System; limiting participation in existing Teachers Retirement System.
(a) Beginning the first day of July, one thousand nine hundred
ninety-one, and except as provided in this section, the Teachers'
Defined Contribution Retirement System shall be the single
retirement program for all new employees whose employment commences
on or after that date and all new employees shall be required to
participate. No additional new employees except as may be provided
in this section may be admitted to the existing Teachers Retirement
System.
(b) Members of the existing Teachers Retirement System whose
employment continues beyond the first day of July, one thousand
nine hundred ninety-one, and those whose employment was terminated
after the thirtieth day of June, one thousand nine hundred
ninety-one, under a reduction in force are not affected by
subsection (a) of this section and shall continue to contribute to
and participate in the existing Teachers Retirement System without
a change in plan provisions or benefits.
(c) Any person who was previously a member of the Teachers
Retirement System and who left participating employment before the
creation of the Teachers' Defined Contribution Retirement System on
the first day of July, one thousand nine hundred ninety-one, and
who later returned returns to participating employment after the
effective date of this section has the right to elect to shall
return to the existing Teachers Retirement System or to elect to participate in the Defined Contribution System. The election shall
be made at the time of his or her reemployment, is irrevocable and
shall be made upon forms approved by and filed with the West
Virginia Consolidated Public Retirement Board.
(d) Any person who was, prior to the first day of July, one
thousand nine hundred ninety-one, a member of the existing Teachers
Retirement System who left participating employment before the
creation of the Teachers' Defined Contribution Retirement System on
the first day of July, one thousand nine hundred ninety-one, and
who later returned to participating employment after that date and
who was precluded from returning to the existing Teachers
Retirement System as a result of prior provisions of this section,
may elect, pursuant to the provisions of this section, readmission
to the existing Teachers Retirement System: Provided, That persons
who are eligible to, and who make the election to, terminate their
participation in the Defined Contribution System and to return to
participation in the existing Teachers Retirement System as
provided in this section shall make the election, on a form
approved by and filed with the West Virginia Consolidated Public
Retirement Board on or before the thirtieth day of June, two
thousand two: Provided, however, That as a condition of the right
of readmission to the existing Teachers Retirement System, a person
making the election provided in this section whose Defined
Contribution Account had not, prior to election, been divided by a qualified domestic relations order, shall pay an additional
contribution to the existing Teachers Retirement System equal to
one and one-half percent of his or her annual gross compensation
earned for each year during which he or she participated in the
Defined Contribution System and shall consent and agree to the
transfer of his or her total account balance in the Defined
Contribution System as of the most recent plan valuation
immediately preceding his or her transfer to the existing Teachers
Retirement System. For a person making the election provided in
this section whose defined contribution account had, prior to the
election, previously been divided by a qualified domestic relations
order, the cost to transfer to the existing Teachers Retirement
System shall be actuarially determined by the Consolidated Public
Retirement Board. Upon verification of that person's eligibility
to return to participation in the existing Teachers Retirement
System and the tender and transfer of funds as provided in this
subsection, a person making this election shall receive service
credit for the time the member participated in the Defined
Contribution System as if his or her participation had been in the
existing Teachers Retirement System: Provided further, That the
right to terminate participation in the Defined Contribution System
and to resume participation in the existing Teachers Retirement
System as provided in this section is irrevocable and shall not
apply to any person who, while a member of the Teachers Retirement System, voluntarily elected to terminate his or her membership in
the Teachers Retirement System and to become a participant in the
Defined Contribution System pursuant to section eight of this
article become a member of the Teachers Retirement System upon
meeting the requirements provided in article seven-d of this
chapter.
(e) Any employee whose employment with an employer was
suspended or terminated while he or she served as an officer with
a statewide professional teaching association is eligible for
readmission to the existing retirement system in which he or she
was a member.
(f) An employee whose employment with an employer or an
existing employer is suspended as a result of an approved leave of
absence, approved maternity or paternity break in service or any
other approved break in service authorized by the board is eligible
for readmission to the existing retirement system in which he or
she was a member.
(g) In all cases in which a question exists as to the right of
an employee to readmission to membership in the existing Teachers
Retirement System, the Consolidated Public Retirement Board shall
decide the question.
(h) Any individual who is not a "member" or "employee" as
defined by section two of this article and any individual who is a
leased employee is not eligible to participate in the Teachers' Defined Contribution Retirement System. For purposes of this
section, a "leased" employee means any individual who performs
services as an independent contractor or pursuant to an agreement
with an employee leasing organization or other similar
organization. In all cases in which a question exists as to
whether an individual is eligible for membership in this system,
the Consolidated Public Retirement Board shall decide the question.
(i) Effective the first day of July, two thousand five, and
continuing through the first day of two thousand six, any employee
of River Valley Child Development Services, Inc., who is a member
of the Teachers' Defined Contribution Retirement System may elect
to withdraw from membership and join the private pension plan
provided by River Valley Child Development Services, Inc.
(j) River Valley Child Development Services, Inc., and its
successors in interest shall provide for their employees a pension
plan in lieu of the Teachers' Defined Contribution Retirement
System on or before the first day of July, two thousand five, and
continuing thereafter during the existence of the River Valley
Child Development Services, Inc., and its successors in interest.
All new employees hired after the thirtieth day of June, two
thousand five, shall participate in the pension plan in lieu of the
Teachers' Defined Contribution Retirement System.
(k) The administrative body of River Valley Child Development
Services, Inc., shall, on or before the first day of June, two thousand five, give written notice to each employee who is a member
of the Teachers' Defined Contribution Retirement System of the
option to withdraw from or remain in the system. The notice shall
include a copy of this section and a statement explaining the
member's options regarding membership. The notice shall include a
statement in plain language giving a full explanation and actuarial
projection figures, prepared by an independent actuary, in support
of the explanation regarding the individual member's current
account balance, vested and nonvested, and his or her projected
return upon remaining in the Teacher's Defined Contribution
Retirement System until retirement, disability or death, in
comparison with the projected return upon withdrawing from the
Teachers' Defined Contribution Retirement System and joining a
private pension plan provided by River Valley Child Development
Center, Inc., and remaining therein until retirement, disability or
death. The administrative body shall keep in its records a
permanent record of each employee's signature confirming receipt of
the notice.
§18-7B-7a. Plan closed to persons employed for the first time
after June, two thousand five; former employees.
The retirement system created and established in this article
shall be closed and no new members accepted in the system after the
thirtieth day of June, two thousand five. Notwithstanding the
provisions of sections seven and eight of this article, all persons who are regularly employed for full-time service as a member or an
employee whose initial employment commences after the thirtieth day
of June, two thousand five, shall become a member of the State
Teachers Retirement System created and established in article
seven-a of this chapter: Provided, That any person rehired after
the thirtieth day of June, two thousand five, shall become a member
of the Teachers' Defined Contribution Retirement System created and
established in this article, or of the Teachers Retirement System
created and established in article seven-a of this chapter,
depending upon which system he or she last contributed to while he
or she was employed with an employer mandating membership and
contributions to one of those plans: Provided, however, That if,
and only if, the Teachers' Defined Contribution Retirement System
is merged and consolidated with the Teachers Retirement System
pursuant to the provisions of article seven-c of this chapter, then
all employees shall be a member of the Teachers Retirement System
as of the first day of July, two thousand six, as provided in
article seven-c of this chapter a rehired person who thereby
becomes a member of the Teachers' Defined Contribution Retirement
System may become a member of the Teachers Retirement System within
the applicable time periods and upon meeting the requirements
provided in article seven-d of this chapter.
§18-7B-8. Voluntary participation in system; expiration of right
to elect membership in defined contribution system.
(1) Any employee who is a member of the existing retirement
system may, upon written election, voluntarily elect membership in
the Teachers' Defined Contribution Retirement System, on a
prospective basis, on or after the first day of July, one thousand
nine hundred ninety-one. All benefits earned by any employee
making such a voluntary election under the existing retirement
system prior to such a the voluntary election shall be frozen and
made available to that employee upon retirement as provided by the
existing retirement system. A member of the existing retirement
system who has less than five years of contributing service in the
existing retirement system may elect to withdraw his or her
contribution plus interest thereon as if such the member is
terminating employment and upon withdrawal shall deposit such the
funds in the defined contribution system: Provided, That such the
member's years of contributing service in the existing system shall
be applied toward the years of employment service required under
section eleven of this article: Provided, however, That this
election shall be is allowed on a retroactive basis to the first
day of July, one thousand nine hundred ninety-one. For the
purposes of this section, "frozen" means that the member's salary,
years of service and any other factor to determine benefits shall
be calculated as of the date that the member elected membership in
the defined contribution system and after that date no increase in
salary, years of service or any other factor may be used to increase the retirement benefit above that which it would be if a
person retired upon the date that the election is made. After
having made such the election, the employee may not change such
election or again become a member of the existing retirement
system.
(2) Notwithstanding any provision of this section to the
contrary, after the thirtieth day of June, two thousand five, no
person who is a member of the State Teachers Retirement System may
elect membership in the Teachers' Defined Contribution Retirement
System.
ARTICLE 7D. VOLUNTARY TRANSFER FROM TEACHERS' DEFINED CONTRIBUTION
RETIREMENT SYSTEM TO STATE TEACHERS RETIREMENT
SYSTEM.
§18-7D-1. Legislative findings and purpose.
(a) The Legislature hereby finds and declares as follows:
(1) That the quality of our state's education system is
largely dependent upon the quality of its teachers and educational
service personnel;
(2) That many West Virginia teachers and education service
personnel who currently are members of the Teachers' Defined
Contribution Retirement System desire to join a defined benefit
system, which relieves participants of bearing the risk of
investment performance and offers the security of providing
participants with advanced knowledge of their anticipated retirement benefit;
(3) That other members of the Teachers' Defined Contribution
Retirement System remain comfortable with bearing the attendant
market risks and performance of their investments associated with
managing the individual retirement accounts of that system;
(4) That it is in the best interests of the teachers and
education service personnel in this state, as well as our system of
public education as a whole, to permit members of the Teachers'
Defined Contribution Retirement System to voluntarily elect
membership in the State Teachers Retirement System pursuant to the
provisions of this article; and
(5) That the prudent and fiscally sound management of the
State Teachers Retirement System necessitates that a sufficient
number of members of the Teachers' Defined Contribution Retirement
System elect to voluntarily transfer their assets to the State
Teachers Retirement System in accordance with the provisions of
this article.
§18-7D-2. Definitions.
As used in this article, unless the context clearly requires
a different meaning:
(1) "Actively contributing member of the Teachers' Defined
Contribution Retirement System" means a member of that retirement
system who was actively contributing to the Teachers' Defined
Contribution Retirement System on the thirty-first day of December, two thousand seven.
(2) "Actuarial reserve" means the actuarial reserve lump sum
value of the additional service credit being purchased by a member
so electing in accordance with the provisions of section six of
this article.
(3) "Actuarial reserve adjusted salary" means either:
(A) For a member with a full year service credit in the fiscal
year ending the thirtieth day of June, two thousand seven, the
member's two thousand seven fiscal year salary increased by seven
percent;
(B) For a member with less than a full year service credit in
the fiscal year ending the thirtieth day of June, two thousand
seven, the member's two thousand seven fiscal year salary
annualized to a full year based on the partial year service credit
increased by seven percent; or
(C) For a member without service credit in the fiscal year
ending the thirtieth day of June, two thousand seven, the member's
annualized contract salary in effect on the thirty-first day of
December, two thousand seven increased by seven percent, or the
member's annual contract salary on the date of rehire if after the
thirty-first day of December, two thousand seven.
(4) "Actuarial reserve benefit date" means the first day of
the month coincident with or next following the date at which the
member attains the age of sixty, or the thirtieth day of June, two thousand nine, whichever is later.
(5) "Actuarial reserve benefit date factors" mean the
actuarial lump sum value factors based on a life only annuity
starting on the actuarial reserve benefit date applying the 1983
Group Annuity Mortality Tables on a seventy-five percent female and
a twenty-five percent male blended unisex basis and interest at
seven and one-half percent.
(6) "Actuarial reserve discount factor" means the annual
discount factor applied for the period between the thirtieth day of
June, two thousand nine, and the actuarial reserve benefit date, if
any. Such factor based on the State Teachers Retirement System
actuarial valuation assumptions shall estimate the impact of
mortality, disability and economic factors for such discount period
by application of a net four percent discount rate.
(7) "Actuarial reserve lump sum value" means a single sum
amount calculated as: A benefit of two percent multiplied by the
defined contribution retirement system service credit being
purchased multiplied by the actuarial reserve adjusted salary; such
benefit multiplied by the actuarial reserve benefit date factors to
determine the lump sum value multiplied by the actuarial reserve
discount factor.
(8) "Affirmatively elect to transfer" means the voluntary
execution and delivery to the Consolidated Public Retirement Board,
by a member of the Teachers' Defined Contribution Retirement System of a document in a form prescribed by the board that irrevocably
authorizes the board to transfer the member and all the member's
assets in the Teachers' Defined Contribution Retirement System to
the State Teachers Retirement System: Provided, That delivery of
the document to the Consolidated Public Retirement Board may be
accomplished through submission of the document to the supervisor
of a worksite pursuant to section seven of this article: Provided,
however, That any previous member of the State Teachers Retirement
System who voluntarily elected to terminate his or her membership
in the State Teachers Retirement System to become a member of the
Teachers' Defined Contribution Retirement System and signed an
irrevocable transfer request also may affirmatively elect to
transfer notwithstanding the prior transfer request.
(9) "Assets" means all member contributions and employer
contributions made on the member's behalf to the defined
contribution retirement system and earnings thereon, less any
applicable fees as approved by the board: Provided, That if a
member has withdrawn or cashed out any amounts, the amounts must
have been repaid.
(10) "Board" means the Consolidated Public Retirement Board
established in article ten-d, chapter five of this code and its
employees.
(11) "Date of transfer" means, in the event that sixty-five
percent or more of the actively contributing members of the defined contribution retirement system affirmatively elect to transfer to
the State Teachers Retirement System within the period provided in
section seven of this article, the first day of July, two thousand
eight.
(12) "Defined contribution retirement system" means the
Teachers' Defined Contribution Retirement System established in
article seven-b of this chapter.
(13) "Member" means any person who has an account balance
standing to his or her credit in the Teachers' Defined Contribution
Retirement System.
(14) "Salary" means:
(A) For a member contributing to the defined contribution
retirement system during the two thousand seven fiscal year, the
actual salary earned for the two thousand seven fiscal year divided
by the employment service earned in the two thousand seven fiscal
year.
(B) For a member not contributing to the defined contribution
retirement system during the two thousand seven fiscal year, the
contract salary on the date of rehire.
(15) "State Teachers Retirement System" means the State
Teachers Retirement System established in article seven-a of this
chapter.
§18-7D-3. Voluntary transfers.
(a) In accordance with the provisions of this article, the Consolidated Public Retirement Board shall effect the voluntary
transfer of members of the Teachers' Defined Contribution
Retirement System to the State Teachers Retirement System.
(b) If at least sixty-five percent of actively contributing
members of the Teachers' Defined Contribution System affirmatively
elect to transfer to the State Teachers Retirement System within
the period provided in section seven of this article, then the
Consolidated Public Retirement Board shall transfer to the State
Teachers Retirement System, effective the first day of July, two
thousand eight, all members who affirmatively elected to do so
during that period. If at least sixty-five percent of actively
contributing members of the Teachers' Defined Contribution
Retirement System do not affirmatively elect to transfer to the
State Teachers Retirement System within that period, the defined
contribution retirement system continues as the retirement system
for all members in that system as of the thirtieth day of June, two
thousand eight.
§18-7D-4. Notice, education, record-keeping requirements.
(a) Commencing not later than the first day of April, two
thousand eight, the board shall begin an educational program with
respect to the voluntary transfer of actively contributing members
of the Teachers' Defined Contribution Retirement System and their
assets to the State Teachers Retirement System.
(1) This educational program shall address, at a minimum:
(A) The law providing for the transfer;
(B) The mechanics of the transfer;
(C) The process by which an actively contributing member may
affirmatively elect to transfer;
(D) Relevant dates and time periods;
(E) The benefits, potential advantages and potential
disadvantages if members fail or refuse to affirmatively elect to
transfer;
(F) The benefits, potential advantages and potential
disadvantages of becoming a member of the State Teachers Retirement
System;
(G) Potential state and federal tax implications attendant to
the various options available to the members;
(H) For each member, a summary to include his or her most
recent account balance; the account's average rate of return over
the previous three years; the member's projected account balance if
he or she retires at age sixty; the current cost of purchasing a
monthly annuity under the Teachers' Defined Contribution Retirement
System; the monthly annuity that the member would receive under the
Teachers Retirement System if the member chooses to purchase the
full service credit and retire at age sixty; the monthly annuity
under the Teachers Retirement System if the participant chooses not
to purchase the full service credit and retires at age sixty, and
the potential cost to the member of purchasing the Actuarial Reserve or the one and one-half percent contribution plus accrued
interest, as the case may be, not including the cost of obtaining
a loan under section five of this article.
(I) Any other pertinent information considered relevant by the
board.
(2) The board shall disseminate the information through:
(A) Its website;
(B) Computer programs;
(C) Written or electronic materials, or both;
(D) Classes or seminars, pursuant to subdivision (3) of this
subsection;
(E) At the discretion of the board, through a program of
individual counseling which is optional on the part of the member;
and
(F) Through any other educational program considered necessary
by the board.
(3) The Consolidated Public Retirement Board shall provide the
information set forth in subdivision (1) of this subsection through
classes or seminars in accordance with the following:
(A) The Consolidated Public Retirement Board shall provide
training for conducting the classes or seminars for employees of
county boards, for employees of state institutions of higher
education or for any other person that the county board or the
institution of higher learning determines, with the approval of the Consolidated Public Retirement Board, would be appropriate to
conduct the classes or seminars;
(B) Each county board shall require at least two
representatives to attend the training. The representatives must
be approved by the Consolidated Public Retirement Board prior to
attending the board's training class;
(C) Each county board shall ensure that each employee of that
county board who is a member of the Teachers' Defined Contribution
Retirement System has had an opportunity to attend a class or a
seminar on the topics set forth in subdivision (1) of this
subsection at his or her worksite during his or her workday;
(D) The class or seminar shall be conducted by any person who
attended the training or by a representative of a school personnel
organization that the Consolidated Public Retirement Board
considers qualified to conduct the class or seminar;
(E) The classes or seminars may be conducted at the time
allocated for professional activities for teachers on instructional
support and enhancement days, before school, after school and at
any other time during an employee's work day: Provided, That the
classes or seminars may interfere with instructional time only if
no other time is available to conduct the classes or seminars;
(F) Each county board shall ensure that informational booths
are set up at each worksite under the jurisdiction of the county
board and that the booths are attended on a rotating basis by an person trained to conduct the classes or seminars or by a
representative of a school personnel organization that the
Consolidated Public Retirement Board considers qualified to attend
the booth;
(G) During the period provided by this section for the
educational program, each county board and its superintendent shall
allow representatives of the Consolidated Public Retirement Board
entry upon the premises of each school in this state where the
Consolidated Public Retirement Board determines appropriate on at
least one occasion for the duration of at least sixty minutes
during regular school hours to provide educational programs as the
Consolidated Public Retirement Board determines appropriate for
members of the Teachers' Defined Contribution Retirement System.
(b) The board shall provide each actively contributing member
with a copy of the written or electronic educational materials and
with a copy of the notice of the opportunity to affirmatively elect
to transfer, to the extent deliverable, by mailing a copy thereof,
first class postage prepaid, through the United States mail to the
most current mailing address provided by the member to the board.
The board is not required to deliver, nor is any member entitled to
delivery of, these materials by any other means. The notice shall
provide full and appropriate disclosure regarding the process by
which a member may affirmatively elect to transfer, including the
period of the opportunity to affirmatively elect to transfer.
(c) It is the responsibility of each member of the Teachers'
Defined Contribution Retirement System to keep the board informed
of his or her current address. A member who does not is considered
to have waived his or her right to receive any information from the
board with respect to the purposes of this article.
(d) Once the board has complied with the provisions of this
section, each actively contributing member of the Teachers' Defined
Contribution Retirement System is considered to have actual notice
of the opportunity to affirmatively elect to transfer and all
matters pertinent thereto.
(e) The Executive Director of the Consolidated Public
Retirement Board shall report to the Governor, the President of the
Senate, and the Speaker of the House of Delegates no later than the
first day of April, two thousand eight, a plan for the execution of
the education and outreach requirements set forth in this section.
§18-7D
-5. Conversion of assets from Defined Contribution
Retirement System to State Teachers Retirement
System; contributions; loans.
(a) If at least sixty-five percent of actively contributing
members of the Teachers' Defined Contribution Retirement System
affirmatively elect to transfer to the State Teachers Retirement
System within the period provided in section seven of this article,
then the Consolidated Public Retirement Board shall transfer the
members and all properties held in the Teachers' Defined Contribution Retirement System's Trust Fund in trust for those
members who affirmatively elected to do so during that period to
the State Teachers Retirement System, effective on the first day of
July, two thousand eight.
(b) The board shall make available to each member a loan for
the purpose of paying all or part of the actuarial reserve, or if
available in accordance with the provisions of subsection (d),
section six of this article, the one and one-half percent
contribution for service in the Teachers' Defined Contribution
System to receive additional service credit in the State Teachers
Retirement System for service in the Teachers' Defined Contribution
Retirement System pursuant to section six of this article. The
loan shall be offered in accordance with the provisions of section
thirty-four, article seven-a of this chapter.
(1) Notwithstanding any provision of this code, rule or policy
of the board to the contrary, the interest rate on any loan may not
exceed seven and one-half percent per annum. The total amount
borrowed may not exceed forty thousand dollars: Provided, That the
loan may not exceed the limitations of the Internal Revenue Code
Section 72(p).
(2) In the event a loan made pursuant to this section is used
to pay the actuarial reserve or the one and one-half percent
contribution, as the case may be, the board shall make any
necessary adjustments at the time the loan is made.
(3) The board shall make this loan available until the
thirtieth day of June, two thousand nine.
(c) The board shall develop and institute a payroll deduction
program for repayment of the loan established in this section.
(d) If at least sixty-five percent of actively contributing
members of the Teachers' Defined Contribution Retirement System
affirmatively elect to transfer to the State Teachers Retirement
System within the period provided in section seven of this article:
(1) As of the first day of July, two thousand eight, the
transferred members' contribution rate becomes six percent of his
or her salary or wages; and
(2) All transferred members who work one hour or more and who
make a contribution into the State Teachers Retirement System on or
after the first day of July, two thousand eight, are governed by
the provisions of article seven-a of this chapter, subject to the
provisions of this article.
(e) Subject to the provisions of subdivision (1) of this
subsection, if a member has withdrawn or cashed out part of his or
her assets, that member will not receive credit for those moneys
cashed out or withdrawn. The board shall make a determination as
to the amount of credit a member loses based on the periods of time
and the amounts he or she has withdrawn or cashed out, which shall
be expressed as a loss of service credit.
(1) A member may repay those amounts he or she previously cashed out or withdrew, along with interest as determined by the
board, and receive the same credit as if the withdrawal or cash-out
never occurred. To receive full credit for the cashed-out or
withdrawn amounts being repaid to the State Teachers Retirement
System, the member also shall pay the actuarial reserve, or the one
and one-half percent contribution, as the case may be, pursuant to
section six of this article.
(2) The loan provided in this section is not available to
members to repay previously cashed out or withdrawn moneys.
(3) If the repayment occurs five or more years following the
cash-out or withdrawal, the member also shall repay any forfeited
employer contribution account balance along with interest
determined by the board.
(f) Notwithstanding any provision of subsection (e) to the
contrary, if a member has cashed out or withdrawn any of his or her
assets after the last day of June, two thousand three, and that
member chooses to repurchase that service after the thirtieth day
of June, two thousand eight, the member shall repay the previously
distributed amounts and any applicable interest to the State
Teachers Retirement System.
(g) Any service in the State Teachers Retirement System a
member has before the date of the transfer is not affected by the
provisions of this article.
(h) The board shall take all necessary steps to see that the voluntary transfers of persons and assets authorized by this
article do not affect the qualified status with the Internal
Revenue Service of either retirement plan.
§18-7D-6. Service credit in State Teachers Retirement System
following transfer; conversion of assets;
adjustments.
(a) Any member who has affirmatively elected to transfer to
the State Teachers Retirement System within the period provided in
section seven of this article whose assets have been transferred
from the Teachers' Defined Contribution Retirement System to the
State Teachers Retirement System pursuant to the provisions of this
article and who has not made any withdrawals or cash-outs from his
or her assets is, depending upon the percentage of actively
contributing members affirmatively electing to transfer, entitled
to service credit in the State Teachers Retirement System in
accordance with the provisions of subsection (c) or (d) of this
section.
(b) Any such member who has made withdrawals or cash outs will
receive service credit based upon the amounts transferred. The
board shall make the appropriate adjustment to the service credit
the member will receive.
(c) If at least sixty-five percent but less than seventy-five
percent of actively contributing members of the Teachers' Defined
Contribution Retirement System affirmatively elect to transfer to the State Teachers Retirement System within the period provided in
section seven of this article, for any member of the Defined
Contribution Retirement System who elects to transfer to the State
Teachers Retirement System, his or her service credit in the State
Teachers Retirement System is determined as follows:
(1) For any member affirmatively electing to transfer, the
member's State Teachers Retirement System credit shall be seventy-
five percent of the member's Teachers' Defined Contribution
Retirement System service credit, less any service previously
withdrawn by the member or due to a qualified domestic relations
order and not repaid;
(2) To receive full credit in the State Teachers Retirement
System for service in the Teachers' Defined Contribution Retirement
System for which assets are transferred, transferring members shall
have the option to pay into the State Teachers Retirement System
the actuarial reserve, as defined in section two of this article,
by no later than the thirtieth day of June, two thousand nine.
(d) If at least seventy-five percent of actively contributing
members of the Teachers' Defined Contribution Retirement System
affirmatively elect to transfer to the State Teachers Retirement
System within the period provided in section seven of this article,
for any member of the defined contribution retirement system who
elects to transfer to the State Teachers Retirement System, his or
her service credit in the State Teachers Retirement System is determined as follows:
(1) For any member affirmatively electing to transfer, the
member's State Teachers Retirement System credit shall be seventy-
five percent of the member's Teachers' Defined Contribution
Retirement System service credit, less any service previously
withdrawn by the member or due to a qualified domestic relations
order and not repaid;
(2) To receive full credit in the State Teachers Retirement
System for service in the Teachers' Defined Contribution Retirement
System for which assets are transferred, members who affirmatively
elected to transfer shall pay into the State Teachers Retirement
System a one and one-half percent contribution. This contribution
shall be calculated as one and one-half percent of the member's
estimated total earnings for which assets are transferred, plus
interest of four percent per annum accumulated from the date of the
member's initial participation in the defined contribution
retirement system.
(A) For a member contributing to the defined contribution
retirement system at any time during the two thousand eight fiscal
year and commencing membership in the State Teachers Retirement
System on the first day of July, two thousand eight:
(i) The estimated total earnings shall be calculated based on
the member's salary and the member's age nearest birthday on the
thirtieth day of June, two thousand eight;
(ii) This calculation shall apply both an annual backward
salary scale from that date for prior years' salaries and a forward
salary scale for the salary for the two thousand eight fiscal year.
(B) The calculations in paragraph (A) of this subdivision are
based upon the salary scale assumption applied in the West Virginia
Teachers Retirement System Actuarial Valuation as of the first day
of July, two thousand seven, prepared for the Consolidated Public
Retirement Board. This salary scale shall be applied regardless of
breaks in service.
(e) Any member who elects not to pay the Actuarial Reserve, or
the one and one-half percent contribution, as the case may be,
pursuant to subsections (c) or (d) of this section, as applicable,
upon transfer to the State Teachers Retirement System shall have
his or her defined contribution retirement system service credit
reduced by twenty-five percent in accordance with the provisions of
this section.
(f) All service previously transferred from the State Teachers
Retirement System to the Teachers' Defined Contribution Retirement
System is considered Teachers' Defined Contribution Retirement
System service for the purposes of this article.
(g) Notwithstanding any provision of this code to the
contrary, the retirement of a member who becomes eligible to retire
after the member's assets are transferred to the State Teachers
Retirement System pursuant to the provisions of this article may not commence prior to the first day of September, two thousand
eight: Provided, That the Consolidated Public Retirement Board may
not retire any member who is eligible to retire during the school
year beginning two thousand eight during the school year two
thousand eight unless the member has provided a written notice to
his or her county board of education by the first day of July, two
thousand eight, of his or her intent to retire.
§18-7D-7. Period for affirmative election to transfer; board may
contract for professional services.
(a) The board shall provide the members of the Teachers'
Defined Contribution Retirement System an opportunity to
voluntarily execute and deliver to the Consolidated Public
Retirement Board, or its designee, a written document in a form
prescribed by the board that irrevocably authorizes the board to
transfer the member and all the member's assets in the Teachers'
Defined Contribution Retirement System to the State Teachers
Retirement System in accordance with the provisions of this
article.
(b) If at least sixty-five percent of actively contributing
members of the Teachers' Defined Contribution Retirement System
affirmatively elect to transfer to the State Teachers Retirement
System:
(1) The Consolidated Public Retirement Board shall, for each
member who affirmatively elected to transfer as provided in this section, transfer the assets held in the Teachers' Defined
Contribution Retirement System's Trust Fund in trust for that
member to the State Teachers Retirement System on the first day of
July, two thousand eight;
(2) On the first day of July, two thousand eight, each member
who so elected becomes a member of the State Teachers Retirement
System and after working one or more hours and contributing to the
State Teachers Retirement System is entitled to the benefits of the
State Teachers Retirement System; and
(3) Each such member is governed by the provisions of the
State Teachers Retirement System subject to the provisions of this
article.
(c) If fewer than sixty-five percent of actively contributing
members of the Teachers' Defined Contribution Retirement System
affirmatively elect to transfer to the State Teachers Retirement
System, the transfers described in this section shall not occur.
(d) Any person who has one dollar or more in assets in the
Teachers' Defined Contribution Retirement System on the last day of
December, two thousand seven, may and is eligible to affirmatively
elect to transfer to the State Teachers Retirement System as
provided in this section. For purposes of this article:
(1) The tabulation of the percentage required for transfer as
required in this article shall only include documents affirmatively
electing to transfer submitted under the provisions of this subsection by those who are actively contributing members of the
Teachers' Defined Contribution Retirement System as that term is
defined in section two of this article; and
(2) Notwithstanding the opportunity to submit documents
affirmatively electing to transfer extended by this article to
members other than those who are actively contributing members of
the Teachers' Defined Contribution Retirement System, there shall
be no duty or other obligation on the part of the board to provide
any education, information or notice regarding matters contained in
this article to members who are not actively contributing members
of the Teachers' Defined Contribution Retirement System regarding
any matter described in this article, nor any right on the part of
those other members to receive the same.
(e) Notwithstanding any other provision of this code to the
contrary, the board may do all things necessary and convenient to
maintain the Teachers' Defined Contribution Retirement System and
the State Teachers Retirement System during the transitional period
and may retain the services of the professionals it considers
necessary to do so. The board may also retain the services of
professionals necessary to:
(1) Assist in the preparation of educational materials;
(2) Assist in the educational process;
(3) Assist in the process for submission of the documents
whereby members may affirmatively elect to transfer; and
(4) Ensure compliance with all relevant state and federal
laws.
(f) Due to the time constraints inherent in the initial
processes established for the submission of documents affirmatively
electing to transfer set forth in this article in specific, and due
to the nature of the professional services required by the
Consolidated Public Retirement Board in general, the provisions of
article three, chapter five-a of this code do not apply to any
materials, contracts for any actuarial services, investment
services, legal services or other professional services authorized
under the provisions of this article and the provisions of article
six, chapter twenty-nine of this code do not apply to any
employment of or contracting for personnel by the board for the
purposes of implementing the provisions of this article.
(g) The submission of the documents whereby members may
affirmatively elect to transfer may be held through any method the
board determines is in the best interest of the members: Provided,
That for members of the Teachers' Defined Contribution Retirement
System, the submission of the documents whereby those members elect
to transfer shall be pursuant to the procedure established by the
Consolidated Public Retirement Board set forth in subsection (j) of
this section.
(h) The period for submission of the documents whereby members
may affirmatively elect to transfer shall begin not later than the first day of April, two thousand eight. The board shall ascertain
the results of the submissions not later than the last day of May,
two thousand eight. The board shall certify the results of the
submissions to the Governor, the Legislature and the members not
later than the fifth day of June, two thousand eight.
(i) The submission period terminates and elections to transfer
may not be accepted from a member after the twelfth day of May, two
thousand eight, subject to the following:
(1) If elections to transfer are permitted through the mail,
any submission postmarked later than the twelfth day of May, two
thousand eight, is void and may not be counted;
(2) If elections to transfer are delivered to a supervisor on
selection day or on or before the ninth day of May, two thousand
eight, any submission postmarked or deposited with a commercial
carrier later than the thirteenth day of May, two thousand eight,
is void and may not be counted: Provided, That delivery by mail
must be by certified mail, return receipt requested, or delivery by
commercial courier that requires written confirmation by the board
of delivery;
(3) The fifth day of May, two thousand eight, is selection day
upon which each county board and superintendent shall provide an
opportunity in each school within the county for members of the
Teachers' Defined Contribution Retirement System to affirmatively
elect to transfer.
(j) The Consolidated Public Retirement Board shall collaborate
with the state superintendent, the Chancellor for Higher Education
and the Chancellor for Community and Technical College Education to
establish a procedure whereby all actively contributing members of
the Teachers' Defined Contribution Retirement System may deliver to
the Consolidated Public Retirement Board, or its designee, the
written document authorizing transfer through a supervisor at each
worksite where any contributing member of the defined contribution
retirement system is employed. The procedure shall include at
least the following:
(1) The supervisor at each worksite is responsible for
collecting the written documents authorizing the transfer from all
actively contributing members of the Teachers' Defined Contribution
Retirement System employed at the worksite who choose to submit the
written document. The supervisor shall record the receipt of all
written documents authorizing transfer, shall direct the member
submitting the written document to initial a receipt log and shall
issue a receipt to the member submitting the written document.
(2) On and after the sixth day of May, two thousand eight, but
on or before the ninth day of May, two thousand eight, the
supervisor at the worksite shall make reasonable efforts to contact
verbally and in writing all actively contributing members of the
Teachers' Defined Contribution Retirement System employed at the
worksite who have not submitted their written documents as of that date to remind those members of the upcoming deadline for
submitting their written document authorizing transfer: Provided,
That failure of the supervisor to make contact with any of those
members shall not be a basis for a cause of action to allow a
member to transfer after the period provided in this section or for
any other cause of action.
(3) The supervisor at each worksite shall forward all of the
written documents to the Consolidated Public Retirement Board, or
its designee, through certified mail, or delivery by commercial
courier that requires written confirmation by the board of
delivery, no later than the thirteenth day of May, two thousand
eight. The worksite supervisor shall inform the Consolidated
Public Retirement Board of all of the written documents received
each day so that the board, or its designee, can record which
members of the Teachers' Defined Contribution Retirement System
have submitted their written documents authorizing transfer
pursuant to subsection (k) of this section.
(4) For the purposes of this subdivision, the principal of a
school with any of grades prekindergarten through twelve is the
worksite supervisor. For the purposes of this subdivision, for any
worksite under the jurisdiction of the Higher Education Policy
Commission or the West Virginia Council for Community and Technical
College Education, the human resource administrator or other
designee may be considered the worksite supervisor. In any case where the person who is the worksite supervisor is in question, the
state board, the Chancellor for Higher Education or the Chancellor
for Community and Technical College Education, whichever entity has
jurisdiction over the worksite, shall designate the supervisor.
(5) The state board, the Chancellor for Higher Education and
the Chancellor for Community and Technical College Education shall
ascertain the names of all worksite supervisors under their
jurisdiction and transmit a list of the names of the worksite
supervisors to the Consolidated Public Retirement Board on or
before the thirty-first day of March, two thousand eight.
(k) The Consolidated Public Retirement Board, or its designee,
shall record the receipt of all written documents authorizing the
transfer so that it knows the percentage of contributing members of
the Teachers' Defined Contribution Retirement System that have
submitted the written documents by worksite and by county.
§18-7D-8. Results considered final.
Every member of the Teachers' Defined Contribution Retirement
System is considered to have made an informed, educated, knowing
and voluntary decision and choice with respect to the opportunities
provided by this article to transfer membership and assets to the
State Teachers Retirement System. Each member who failed or
refused to affirmatively elect to transfer is also considered to
have made an informed, educated, knowing and voluntary decision and
choice with respect thereto and is bound by the results thereof, except as may be required by federal law.
§18-7D-9. Qualified domestic relations orders.
Any transferring member having a qualified domestic relations
order against his or her defined contribution account is allowed to
repurchase service in the State Teachers Retirement System. The
member shall repay any moneys previously distributed to the
alternate payee along with the interest as set by the board. The
member shall repay by the last day of June, two thousand fourteen.
The provisions of this section are void and of no effect if there
is no transfer from the Teachers' Defined Contribution Retirement
System to the State Teachers Retirement System. An alternate payee
is not, solely as a result of that status, a member of either the
Teachers' Defined Contribution Retirement System or the State
Teachers Retirement System for any purpose under the provisions of
this article and no interest held by the alternate payee is
transferred to the State Teachers Retirement System pursuant
thereto.
§18-7D-10. Vesting.
Any member who works one hour or more after his or her assets
are transferred to the State Teachers Retirement System pursuant to
this article is subject to the vesting schedule set forth in
article seven-a of this chapter: Provided, That if a member is
vested under the Teachers' Defined Contribution Retirement System
and his or her last contribution was not made to the State Teachers Retirement System, that member is subject to the vesting schedule
set forth in article seven-b of this chapter.
§18-7D-11. Minimum guarantees.
(a) Any member of the Teachers' Defined Contribution
Retirement System who works one hour or more and who has made a
contribution to the State Teachers Retirement System after his or
her assets are transferred to the State Teachers Retirement System
pursuant to this article, is guaranteed a minimum benefit equal to
his or her member contributions plus the vested portion of employer
contributions made on his or her behalf to the Teachers' Defined
Contribution Retirement System, plus any earnings thereon, as of
the thirtieth day of June, two thousand eight, as stated by the
board.
(b) A member of the Teachers' Defined Contribution Retirement
System who works one hour or more and who has made contributions to
the State Teachers Retirement System after his or her assets are
transferred to the State Teachers Retirement System, upon
eligibility to receive a distribution under article seven-a of this
chapter, shall have at a minimum the following three options:
(1) The right to receive an annuity from the State Teachers
Retirement System based upon the provisions of article seven-a of
this chapter;
(2) The right to withdraw from the State Teachers Retirement
System and receive his or her member accumulated contributions in the State Teachers Retirement System, plus refund interest thereon,
as set forth in article seven-a of this chapter; or
(3) The right to withdraw and receive his or her member
contributions plus the vested portion of employer contributions
made on his or her behalf to the Teachers' Defined Contribution
Retirement System, plus any earnings thereon as of the date his or
her assets are transferred to the State Teachers Retirement System
pursuant to this article, as determined by the board pursuant to
the vesting provisions of article seven-a of this chapter. This
amount shall be distributed in a lump sum.
(c) Any member of the Teachers' Defined Contribution
Retirement System who does not work one hour or more and who makes
no contribution to the State Teachers Retirement System after his
or her assets are transferred to the State Teachers Retirement
System pursuant to this article, is guaranteed the receipt of the
amount in his or her total vested account in the Teachers' Defined
Contribution Retirement System on the date of the transfer, plus
interest thereon, at four percent accruing from the date of the
transfer. This amount shall be distributed in a lump sum:
Provided, That no benefits may be obtained under this subsection
solely by the reciprocity provisions of sections three, four and
six, article thirteen, chapter five of this code.
On motions of Senators Hall and McKenzie, the following
amendments to Senator Helmick's amendment to the bill (Eng. H. B. No. 101) were reported by the Clerk, considered simultaneously, and
adopted:
On page twenty-seven, section four, subsection (a),
subdivision (1), paragraph (H), by striking out the words "the
account's average rate of return over the previous three years" and
inserting in lieu thereof the words "the average rate of return of
the Standard & Poor's and the Lehman U. S. Corporate/Government
Index for the previous ten years; the average rate of return of the
West Virginia Investment Management Board for the previous ten
years";
And,
On pages twenty-seven and twenty-eight, section four,
subsection (a), subdivision (1), paragraph (H), by striking out the
words "the member's projected account balance if he or she retires
at age sixty; the current cost of purchasing a monthly annuity
under the Teachers' Defined Contribution Retirement System; the
monthly annuity that the member would receive under the Teachers
Retirement System if the member chooses to purchase the full
service credit and retire at age sixty; the monthly annuity under
the Teachers Retirement System if the participant chooses not to
purchase the full service credit and retires at age sixty" and
inserting in lieu thereof the words "the member's projected account
balance if he or she retires at age sixty and age sixty-five; the
current cost of purchasing a monthly annuity under the Teachers' Defined Contribution Retirement System; the monthly annuity that
the member would receive under the Teachers Retirement System if
the member chooses to purchase the full service credit and retire
at age sixty and age sixty-five; the monthly annuity under the
Teachers Retirement System if the participant chooses not to
purchase the full service credit and retires at age sixty and age
sixty-five".
The question now being on the adoption of Senator Helmick's
amendment to the bill (Eng. H. B. No. 101), as amended, the same
was put and prevailed.
The bill, as amended, was ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 101) was then
read a third time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed House Bill No. 101 pass?"
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, Minard, Oliverio, Plymale, Prezioso, Stollings, Unger,
Wells, White and Tomblin (Mr. President)--28.
The nays were: McKenzie, Sprouse, Sypolt and Yoder--4.
Absent: Bailey and Sharpe--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H. B. No. 101) passed.
On motion of Senator Helmick, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. House Bill No. 101--A Bill to repeal §18-7C-1, §18-7C-2,
§18-7C-3, §18-7C-4, §18-7C-5, §18-7C-6, §18-7C-7, §18-7C-8, §18-7C-
9, §18-7C-10, §18-7C-11, §18-7C-12, §18-7C-13 and §18-7C-14 of the
Code of West Virginia, 1931, as amended; to amend and reenact §18-
7A-14, §18-7A-18, §18-7A-34 and §18-7A-40 of said code; to amend
and reenact §18-7B-7, §18-7B-7a and §18-7B-8 of said code; and to
amend said code by adding thereto a new article, designated §18-7D-
1, §18-7D-2, §18-7D-3, §18-7D-4, §18-7D-5, §18-7D-6, §18-7D-7, §18-
7D-8, §18-7D-9, §18-7D-10 and §18-7D-11, all relating to the State
Teachers Retirement System and the Teachers' Defined Contribution
Retirement System generally; voluntary transfer of assets from the
Teachers' Defined Contribution Retirement System to the State
Teachers Retirement System; computing teachers' service;
authorizing certain loans; providing legislative findings and
purpose; providing definitions; providing opportunities for members
of the Teachers' Defined Contribution Retirement System to
affirmatively elect to transfer their assets to the State Teachers
Retirement System; establishing requirements and processes for
members to affirmatively elect to transfer; providing
responsibilities of the Consolidated Public Retirement Board;
setting forth dates and time periods for members to affirmatively elect to transfer; providing for education about the opportunity to
affirmatively elect to transfer; requiring notice to members;
allowing Consolidated Public Retirement Board to contract directly
for professional services for purposes of performing its
responsibilities related to the voluntary transfer; providing for
voluntary transfer from the Teachers' Defined Contribution
Retirement System to the State Teachers Retirement System if sixty-
five percent or more of the actively contributing members
affirmatively elect to transfer; providing for transfer of assets
from the Teachers' Defined Contribution Retirement System to the
State Teachers Retirement System upon the affirmative election of
sixty-five percent or more of the actively contributing members;
providing for service credit in the State Teachers Retirement
System; permitting transferring members to pay an actuarial reserve
in order to receive full credit upon transfer if at least sixty-
five percent, but less than seventy-five percent, of actively
contributing members affirmatively elect to transfer; permitting
transferring members to pay a one and one-half percent contribution
plus interest in order to receive full credit upon transfer if
seventy-five percent or more of actively contributing members
affirmatively elect to transfer; addressing withdrawals and cash-
outs; addressing qualified domestic relations orders; and providing
for vesting and minimum guarantees of benefits for members
affirmatively electing to transfer.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green,
Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
Minard, Oliverio, Plymale, Prezioso, Stollings, Unger, Wells, White
and Tomblin (Mr. President)--28.
The nays were: McKenzie, Sprouse, Sypolt and Yoder--4.
Absent: Bailey and Sharpe--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 101) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
On motion of Senator Chafin, the Senate recessed until 9:45
p.m. tonight.
Upon expiration of the recess, the Senate reconvened and
proceeded to the sixth order of business, which agenda includes the
making of main motions.
On motion of Senator Chafin, the Senate requested the return
from the House of Delegates of
Eng. House Bill No. 101, Providing for the voluntary transfer
of assets from the Teachers' Defined Contribution Retirement System
("TDC") to the State Teachers Retirement System ("TRS").
Passed by the Senate in earlier proceedings tonight,
The bill now being in the possession of the Senate,
On motion of Senator Chafin, the Senate reconsidered the vote
as to the effective date, title amendment and passage of the bill.
The vote thereon having been reconsidered,
On motion of Senator Helmick, the Senate reconsidered the vote
by which in earlier proceedings tonight, it adopted Senator
Helmick's amendment to the bill, as amended (shown in the Senate
Journal of today, pages 42 to 94, inclusive).
The vote thereon having been reconsidered,
The question being on the adoption of Senator Helmick's
amendment to the bill, as amended.
Thereafter, at the request of Senator Helmick, unanimous
consent being granted, Senator Helmick's amendment to the bill, as
amended, was withdrawn.
On motions of Senators Plymale and Hall, the following
amendments to the bill (Eng. H. B. No. 101) were reported by the
Clerk, considered simultaneously, and adopted:
On page twenty-nine, section four, line twenty-two and twenty-
three, by striking out the words "the account's average rate of
return over the previous three years" and inserting in lieu thereof
the words "the average rate of return of the Standard and Poor's
and the Lehman U. S. Corporate/Government Index for the previous
ten years; the average rate of return of an indexed balanced fund
for the previous ten years";
On page twenty-nine, section four, line twenty-four, after the
word "sixty" by inserting the words "and age sixty-five";
On page thirty, section four, line four, after the word
"sixty" by inserting the words "and age sixty-five";
On page thirty, section four, line six, after the word "sixty"
by inserting the words "and age sixty-five";
On page forty-one, section six, line two, after the word
"eight" by changing the period to a colon and adding the following
proviso: Provided, That the Consolidated Public Retirement Board
may not retire any member who is eligible to retire during the
school year beginning two thousand eight during the school year two
thousand eight unless the member has provided a written notice to
his or her county board of education by the first day of July, two
thousand eight, of his or her intent to retire.
The bill, as just amended, was again ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 101) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Caruth,
Chafin, Deem, Edgell, Fanning, Foster, Green, Guills, Hall,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio,
Plymale, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and
Tomblin (Mr. President)--27.
The nays were: None.
Absent: Bailey, Boley, Bowman, Facemyer, McKenzie, Prezioso and Sharpe--7.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 101) passed.
On motions of Senator Plymale and Hall, the following
amendment to the title of the bill was reported by the Clerk and
adopted:
Eng. House Bill No. 101--A Bill to repeal §18-7C-1, §18-7C-2,
§18-7C-3, §18-7C-4, §18-7C-5, §18-7C-6, §18-7C-7, §18-7C-8, §18-7C-
9, §18-7C-10, §18-7C-11, §18-7C-12, §18-7C-13 and §18-7C-14 of the
Code of West Virginia, 1931, as amended; to amend and reenact §18-
7A-14, §18-7A-18, §18-7A-34 and §18-7A-40 of said code; to amend
and reenact §18-7B-7, §18-7B-7a and §18-7B-8 of said code; and to
amend said code by adding thereto a new article, designated §18-7D-
1, §18-7D-2, §18-7D-3, §18-7D-4, §18-7D-5, §18-7D-6, §18-7D-7, §18-
7D-8, §18-7D-9, §18-7D-10 and §18-7D-11, all relating to the State
Teachers Retirement System and the Teachers' Defined Contribution
System generally; voluntary transfer of assets from the Teachers'
Defined Contribution Retirement System to the State Teachers
Retirement System; computing teachers' service; authorizing certain
loans; providing legislative findings and purpose; providing
definitions; providing opportunities for members of the State
Teachers' Defined Contribution Retirement System to affirmatively
elect to transfer their assets to the State Teacher's Retirement System; establishing requirements and processes for members to
affirmatively elect to transfer; providing responsibilities of the
Consolidated Public Retirement Board; setting forth dates and time
periods for members to affirmatively elect to transfer; providing
for education about the opportunity to affirmatively elect to
transfer; requiring notice to members; allowing Consolidated Public
Retirement Board to contract directly for professional services for
purposes of performing its responsibilities related to the
voluntary transfer; providing for voluntary transfer from the
Teachers' Defined Contribution Retirement System to the State
Teachers Retirement System if sixty-five percent or more of the
actively contributing members affirmatively elect to transfer;
providing for transfer of assets from the Teachers' Defined
Contribution Retirement System to the State Teachers Retirement
System upon the affirmative election of sixty-five percent or more
of the actively contributing members; providing for service credit
in the State Teachers Retirement System; permitting transferring
members to pay an actuarial reserve in order to receive full credit
upon transfer if at least sixty-five percent but less than seventy-
five percent of actively contributing members affirmatively elect
to transfer; permitting transferring members to pay a one and one-
half percent contribution plus interest in order to receive full
credit upon transfer if seventy-five percent or more of actively
contributing members affirmatively elect to transfer; addressing withdrawals and cash outs; addressing qualified domestic relations
orders; providing for vesting and minimum guarantees of benefits
for members affirmatively electing to transfer; and prohibiting
retirement without appropriate notice.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Caruth, Chafin,
Deem, Edgell, Fanning, Foster, Green, Guills, Hall, Helmick,
Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--27.
The nays were: None.
Absent: Bailey, Boley, Bowman, Facemyer, McKenzie, Prezioso
and Sharpe--7.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 101) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Without objection, the Senate returned to the third order of
business.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 1006, Making supplementary appropriation to West Virginia Conservation Agency.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 1007, Making supplementary appropriation
of Lottery Net Profits.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 1008, Making supplementary appropriation
to Department of Administration - Public Defender Services.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 1009, Making supplementary appropriation
to Department of Administration - Office of Secretary.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 1011, Making supplementary appropriation
to Lottery Commission - Excess Lottery Revenue Fund Surplus.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended, with its Senate amended title, to take effect from passage, of
Eng. House Bill No. 101, Providing for the voluntary transfer
of assets from the Teachers' Defined Contribution Retirement System
("TDC") to the State Teachers Retirement System ("TRS").
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended, with its Senate amended title, of
Eng. House Bill No. 104, Requiring notice to the Governor,
Secretary of the Department of Administration and the Legislature
upon commencement of actions on behalf of the state.
Senator Chafin offered the following pre-adjournment
resolution:
Senate Resolution No. 103--Raising a committee to notify the
House of Delegates the Senate is ready to adjourn sine die.
Resolved by the Senate:
That the President be authorized to appoint a committee of
three to notify the House of Delegates that the Senate has
completed its labors and is ready to adjourn sine die.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Senator Tomblin (Mr. President), under the provisions of the
foregoing resolution, appointed the following committee to notify
the House of Delegates of impending Senate adjournment:
Senators Edgell, Stollings and Hall.
Subsequently, Senator Edgell reported that the duties assigned
by Senate Resolution No. 103 had been performed.
Thereafter, a three-member delegation from the House of
Delegates, namely
Delegates Fleischauer, Ennis and J. Miller, announced that
that body also had completed its labors and was ready to adjourn
sine die.
Senator Chafin then offered the following resolution:
Senate Resolution No. 104--Raising a committee to notify His
Excellency, the Governor, that the Legislature is ready to adjourn
sine die.
Resolved by the Senate:
That the President be authorized to appoint a committee of
three to join with a similar committee of the House of Delegates to
notify His Excellency, the Governor, that the Legislature has
completed its labors and is ready to adjourn sine die.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Under the provisions of the foregoing resolution, Senator
Tomblin (Mr. President) appointed the following committee to notify
His Excellency, the Governor, that the Senate was ready to adjourn:
Senators Chafin, Kessler and Caruth.
Delegates Guthrie, Swartzmiller and C. Miller, then announced
that they had been appointed by that body to join with the similar
committee named by the Senate to wait upon His Excellency and were
ready to proceed with this assignment.
Senators Chafin, Kessler and Caruth, comprising the Senate
committee, then joined the House committee and proceeded to the
executive offices to notify His Excellency, the Governor, of
imminent adjournment of this extraordinary session of the
Legislature.
Subsequently, Senator Chafin, from the joint select committee
to notify His Excellency, the Governor, that the Legislature had
completed the business of this extraordinary session and was ready
to adjourn sine die, returned to the chamber and was recognized by
the President. Senator Chafin then reported this mission
accomplished.
At the request of Senator White, unanimous consent being
granted, the Joint Committee on Enrolled Bills was granted
permission, after it has examined, found truly enrolled and
presented to His Excellency, the Governor, for his action, bills
passed but not presented to him prior to adjournment of this first
extraordinary session of the seventy-eighth Legislature in the year
two thousand eight, to file its reports with the Clerk and that the
same be included in the Journal of the last day of the session; and
also, that any communications from His Excellency, the Governor, as to his action on bills after adjournment of the session, be
included in the Journal.
In accordance with the foregoing unanimous consent agreement,
the following reports of the Joint Committee on Enrolled Bills were
filed as follows:
Senator White, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 20th day of March, 2008, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(S. B. No. 1006), Making supplementary appropriation to
various accounts.
(S. B. No. 1007), Making supplementary appropriation of
Lottery Net Profits to Division of Natural Resources and Lottery
Senior Citizens Fund.
(S. B. No. 1008), Making supplementary appropriation to
various accounts.
(S. B. No. 1009), Making supplementary appropriation to
Employee Pension and Health Care Benefit Fund.
And,
(S. B. No. 1011), Making supplementary appropriation to
various accounts.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
John Doyle,
Chair, House Committee.
Senator White, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 26th day of March, 2008, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(H. B. No. 101), Providing for the voluntary transfer of
assets from the Teachers' Defined Contribution Retirement System
("TDC") to the State Teachers Retirement System ("TRS").
(H. B. No. 102), Establishing boards of governors for
independent community and technical colleges.
(H. B. No. 103), Providing a one-time bonus payment to certain
annuitants of the Public Employees Retirement System and the State
Teachers Retirement System.
And,
(H. B. No. 104), Requiring notice to the Governor, Secretary
of the Department of Administration and the Legislature upon
commencement of actions on behalf of the state.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
John Doyle,
Chair, House Committee.
Executive Communications
Under authorization of Senate approval therefor in prior
proceedings today, to include in this day's Journal communications
showing the Governor's action on enrolled bills presented to him in
post-session reports, the following are inserted hereinafter:
The Clerk then presented communications from His Excellency,
the Governor, advising that on March 21, 2008, he had approved Enr.
Senate Bill No. 1006, Enr. Senate Bill No. 1007, Enr. Senate Bill
No. 1008 and Enr. Senate Bill No. 1009; and on April 1, 2008, he
had approved Enr. House Bill No. 101, Enr. House Bill No. 102, Enr.
House Bill No. 103 and Enr. House Bill No. 104.
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 21, 2008
The Honorable Betty Ireland
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Ireland:
Pursuant to the provisions of Section 51, Article VI of the
Constitution of West Virginia, I hereby return Enrolled Senate Bill
No. 1011 approved with the following objections.
My first objection to the bill is contained in Item 258, page
3, line 12 and line 13, which states:
"Consolidated Public Retirement -
Transfer918$ 24,516,867"
During the First Extraordinary Session of 2008, the
Legislature passed Enrolled House Bill No. 101 allowing members of
the Teachers' Defined Contribution Retirement System to voluntarily
transfer to the State Teachers Retirement System. In accordance
with the provisions of that bill, if a certain percentage of the
actively contributing members of TDC affirmatively elect to
transfer to TRS, then all members so electing shall transfer to
TRS. If the required percentage of actively contributing members
of TDC affirmatively elect to transfer, I will call a special
session to address this appropriation. However, until the results
of the voluntary transfer are known, I do not believe this
appropriation should be made. Therefore, I am reducing the
appropriation by the amount of $24,516,867, to $0.
My second objection to the bill is contained in the language
found in Item No. 258, page 3 through page 4, line 28 through line
37, which states:
"The above appropriation for Consolidated Public Retirement -
Transfer (fund 7208, activity 918) shall be transferred to the
Consolidated Public Retirement Board - West Virginia Teachers
Retirement System Employers Accumulation Fund (fund 2601) only
after all funding required by section eighteen-a, article twenty-
two, chapter twenty-nine of the Code of West Virginia and the
transfer to the General Revenue Fund (fund 7208, org 0705, activity
482) has been satisfied as determined by the Director of the
Lottery."
I am eliminating the funding of $24,516,867 which would have
been transferred to the Consolidated Public Retirement Board.
Therefore, I am deleting in its entirety line 28 through line 37.
For the reasons stated herein, I have approved, with the above
objections, Enrolled Senate Bill No. 1011.
Sincerely,
Joe Manchin III,
Governor.
cc:The Honorable Earl Ray Tomblin
The Honorable Richard Thompson
On motion of Senator Chafin, the first extraordinary session
of the Senate in the year two thousand eight adjourned sine die.
________