WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2008
FIFTY-FIFTH DAY
____________
Charleston, W. Va., Monday, March 3, 2008
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Violinists Tim and Colleen Tan, West Virginia Symphony
Orchestra, Charleston, West Virginia, proceeded in the playing of
"Meditation from Thaís".
Pending the reading of the Journal of Friday, February 29,
2008,
On motion of Senator Minard, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, to take effect from
passage, and requested the concurrence of the Senate in the House
of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 579, Appointing additional nonresident members to Bluefield's sanitary board.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On
page three, section two, line one, by striking out all of
subsection (a) and inserting in lieu thereof a new subsection (a),
to read as follows:
(a) The governing body of the town of Bluefield, Virginia is
authorized to nominate two additional nonresident members to the
city of Bluefield Sanitary Board.;
And,
On page three, section two, line six, by striking out all of
subsection (c) and inserting in lieu thereof a new subsection (c),
to read as follows:
(c) Upon the governing body of the city of Bluefield
confirming the nominations, the two additional nonresident members
shall serve in accordance with section eighteen, article three,
chapter sixteen of the Code of West Virginia.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 579, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, 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)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 579 passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, 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)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 579) 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 concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 704, Regulating viatical
life insurance settlements.
The Senate proceeded to the fourth order of business
.
Senator Hunter, from the Committee on Military, submitted the
following report, which was received:
Your Committee on Military has had under consideration
Eng. House Bill No. 3122, Relating to the definition of
"eligible veteran" for certain state training and employment
preference benefits.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Jon Blair Hunter,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with an amendment from
the Committee on Military pending.
Senator Hunter, from the Committee on Military, submitted the
following report, which was received:
Your Committee on Military has had under consideration
Eng. Com. Sub. for House Bill No. 4624, Providing per diem pay
for volunteers who drive veterans to hospitals.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Jon Blair Hunter,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with amendments from the
Committee on Military pending.
Senator Hunter, from the Committee on Military, submitted the
following report, which was received:
Your Committee on Military has had under consideration
House Concurrent Resolution No. 66, Honoring and commemorating
100 years of service at home and abroad by the United States Army
Reserve.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Jon Blair Hunter,
Chair.
The Senate proceeded to the sixth order of business.
Senators Hunter and Kessler offered the following resolution:
Senate Concurrent Resolution No. 71--
Requesting the Division
of Highways name bridge number 46-40-0.25 (10562) located in
Grafton, Taylor County, the "Floyd 'Scotty' Hamilton: First WVU All
American Basketball Player Memorial Bridge".
Whereas, The Late Floyd "Scotty" Hamilton led the last seeded
West Virginia Mountaineers Basketball Team to victory in the last
seconds of the 1942 NIT national championship tournament; and
Whereas, The Mountaineers finished 19-4 that season in large
part due to the 5'11" Hamilton averaging 8.7 points per game; and
Whereas, Scotty Hamilton was born in Grafton, Taylor County,
in 1921, and was an all state player for Grafton High School; and
Whereas, Scotty Hamilton lived most of his life as a citizen
of West Virginia in Grafton and honorably served his country in the
United States Navy when he fought in World War II; and
Whereas, Floyd "Scotty" Hamilton influenced many young
athletes when he was a basketball coach at Washington and Lee and
as athletic director at Marietta (Ohio) High School; and
Whereas, Scotty Hamilton is a member of the West Virginia
Sports Hall of Fame; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number 46-40-0.25 (10562) located in Grafton, Taylor County,
the "Floyd 'Scotty' Hamilton: First WVU All American Basketball Player Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the bridge
as the "Floyd 'Scotty' Hamilton: First WVU All American Basketball
Player Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
Transportation, the Mayor and City Council of the City of Grafton,
West Virginia, David A. Smith, President of the Grafton High School
Athletic Boosters, the Athletic Director at West Virginia
University and the surviving members of Floyd "Scotty" Hamilton's
family.
Which, under the rules, lies over one day.
Senators Hunter and Kessler offered the following resolution:
Senate Concurrent Resolution No. 72--
Requesting the Division
of Highways name bridge number 46-119/42-0.16 (3389) located on
Yates Crossing Road in Grafton, Taylor County, the "Clair Bee:
Basketball Coach and Author Memorial Bridge".
Whereas, The late Clair Bee, the grandson of Ephraim Bee who
was a member of the first West Virginia Legislature, was born in
Grafton, West Virginia, in March of 1896; and
Whereas, Clair Bee was an outstanding American basketball
coach who led Long Island University to two undefeated seasons in
1936 and 1939 as well as two National Invitation Tournament titles; and
Whereas, Bee's Teams won ninety-five percent of their games
from 1931-1951, including forty-three in a row from 1935 to 1937;
and
Whereas, Clair Bee started his career as a student basketball
player at Grafton High School and followed his dream to become the
coach of the National Basketball Association's Baltimore Bullets
from 1952-1954; and
Whereas, Clair Bee, was inducted into the Basketball Hall of
Fame in 1968, and the "Clair Bee Coach of the Year Award" is
awarded every year to a coach who makes an outstanding contribution
to the game of college basketball; and
Whereas, Clair Bee created the fictional Chip Hilton series of
books for children, which have inspired teen athletes for over five
decades instilling lasting values and developing solid character,
from which the "Chip Hilton Player of the Year Award" was created
and is given every year to a men's basketball player; and
Whereas, Clair Bee brought fame and honor to his hometown of
Grafton, West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number 46-119/42-0.16 (3389) located on Yates Crossing Road
in Grafton, Taylor County, the "Clair Bee: Basketball Coach and
Author Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the bridge
as the "Clair Bee: Basketball Coach and Author Memorial Bridge";
and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
Transportation, the Mayor and City Council of the City of Grafton,
West Virginia, David A. Smith, President of the Grafton High School
Athletic Boosters and the surviving members of Clair Bee's family.
Which, under the rules, lies over one day.
Senators Prezioso, Oliverio, Stollings, Foster, Jenkins and
Unger offered the following resolution:
Senate Concurrent Resolution No. 73--Requesting the
Legislative Oversight Commission on Health and Human Resources
Accountability study the crisis of substance abuse, dependence,
diversion and the appropriate medical treatment of pain.
Whereas, Substance abuse, dependence and diversion have
created a crisis in West Virginia; and
Whereas, The appropriate diagnosis, treatment and management
of pain for patients by medical providers are of profound
importance; and
Whereas, A 2003 Drug Threat Assessment for the state conducted
by the U. S. Department of Justice's National Drug Intelligence
Center found that "the production, distribution and abuse of illicit drugs and the diversion and abuse of pharmaceuticals pose
serious threats to West Virginia"; and
Whereas, Seventy-five percent of patients in this state with
chronic conditions, such as cancer and kidney disease, experience
an under-treatment of pain; and
Whereas, West Virginia leads the nation with the highest death
rate for adults under forty-five years of age resulting from the
overdose of drugs; and
Whereas, Many controlled substances have useful, legitimate
and scientific purposes and are necessary for appropriate pain
management; and
Whereas, The manufacture, distribution, delivery, possession
and abuse of controlled substances, other than for legitimate
medical purposes, have a substantial detrimental impact on our
state population; and
Whereas, In order to protect the health and welfare of state
residents there is a need for a comprehensive, coordinated approach
to prevent substance abuse, dependence and diversion while also
providing for appropriate patient pain medical management;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislative Oversight Commission on Health and Human
Resources Accountability is hereby requested to study the crisis of
substance abuse, dependence and diversion and appropriate medical treatments of pain; and, be it
Further Resolved, In order to implement an aggressive action
plan for a drug-free state, the commission may consider updating
the codified definition of "intractable pain" and the impact of the
Governor's Plan for a Drug-Free West Virginia; and, be it
Further Resolved, That the commission may suggest a
comprehensive, coordinated methodology to prevent drug abuse,
dependence and diversion in order to protect the health and public
welfare of the citizens of this state, including the use of
community based education, treatment and rehabilitation programs
and school based prevention efforts; and, be it
Further Resolved, In order to determine the most appropriate
methods for achieving pain management control for patients with a
legitimate medical reason for their pain, the commission may
suggest solutions for under-treatment of pain for seventy-five
percent of patients with chronic conditions such as cancer and
kidney disease; and, be it
Further Resolved, That the Legislative Oversight Commission on
Health and Human Resources Accountability report to the regular
session of the Legislature, 2009, on its findings, conclusions and
recommendations, together with drafts of any legislation necessary
to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft legislation be paid from legislative appropriations to the Joint Committee on Government and
Finance.
Which, under the rules, lies over one day.
Senators Kessler, Tomblin (Mr. President), Edgell, Hunter,
Oliverio, Prezioso, Minard, Foster, Caruth, Sypolt, Boley, Deem,
Bailey, Barnes, Bowman, Chafin, Facemyer, Fanning, Green, Guills,
Hall, Helmick, Jenkins, Love, McCabe, McKenzie, Plymale, Sharpe,
Sprouse, Stollings, Unger, Wells, White and Yoder offered the
following resolution:
Senate Resolution No. 30--Congratulating the West Virginia
University Mountaineer football team for an outstanding season and
for winning the 2008 Tostitos Fiesta Bowl.
Whereas, The Mountaineer football team has been a great source
of pride for West Virginians for many years; and
Whereas, The people of West Virginia take their team's
triumphs and setbacks as their own in times of hardship and times
of prosperity; and
Whereas, The Mountaineer football team enjoyed a successful
regular season earning a 10-2 record and were invited to the 2008
Tostitos Fiesta Bowl, where they would take on the Oklahoma
Sooners; and
Whereas, In the face of adversity, the Mountaineer football
team responded to Head Coach Bill Stewart's leadership and his call
for unity; and
Whereas, The Mountaineer football team entered the 2008
Tostitos Fiesta Bowl as nearly a two touchdown underdog; and
Whereas, The Mountaineer football team was clicking on all
cylinders, individually and as a team, and dominated the mighty
Oklahoma Sooners and earned a convincing victory by the score of
48-28; and
Whereas, The Mountaineer football team, along with Head Coach
Bill Stewart and his loyal assistants, have earned the admiration
and gratitude of the people of the great state of West Virginia;
therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the West Virginia
University football team for an outstanding season and for winning
the 2008 Tostitos Fiesta Bowl; and, be it
Further Resolved, That the Senate commends the coaches and
players for demonstrating its dedication, commitment and good
sportsmanship and representing the great state of West Virginia
with such pride; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate representative from
West Virginia University.
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.
Thereafter, at the request of Senator Bowman, and by unanimous
consent, the remarks by Senator Kessler regarding the adoption of
Senate Resolution No. 30 were ordered printed in the Appendix to
the Journal.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 594, Establishing Bill of
Rights and Responsibilities for Students and School Personnel.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. Senate Bill No. 767, Reducing Director of Personnel's
experience requirements.
On third reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Chafin, the bill was recommitted to the
Committee on Government Organization.
Eng. House Bill No. 4478, Limiting the mid-year transfer of
certain school employees working with students with
exceptionalities.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Plymale, unanimous consent was
granted to offer amendments to the bill on third reading.
Thereupon, on motion of Senator Plymale, the following
amendments to the bill were reported by the Clerk, considered
simultaneously, and adopted:
On page six, section eight, line eighty, by striking out the
words "autistic students" and inserting in lieu thereof the words
"students with autism";
And,
On page six, section eight, line ninety-two, by striking out
the words "autistic students" and inserting in lieu thereof the
words "students with autism".
Having been engrossed, the bill (Eng. H. B. No. 4478), as just
amended, was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, 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)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4478) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4677, Reducing the requirement that the
Director of Personnel must have five years experience in personnel
management.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, 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: Barnes and Yoder--2.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4677) passed.
On motion of Senator Bowman, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. House Bill No. 4677--A Bill to amend and reenact §6-7-2a of the Code of West Virginia, 1931, as amended; and to amend and
reenact §29-6-7 of said code, all relating to the Director of
Personnel; clarifying appointment of director; and authorizing that
the hiring requirement is education or experience.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, 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: Barnes and Yoder--2.
Absent: Sharpe--1.
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. 4677) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Eng. House Bill No. 2503, Authorizing the Division of Motor
Vehicles to issue an identification card to West Virginia residents
who already possess a valid driver's license.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4328, Excluding the service of a poll worker from being considered a prohibited political
activity.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
the Judiciary, were reported by the Clerk, considered
simultaneously, and adopted:
On page four, section twenty, lines forty and forty-one, by
striking out the words "a candidate or delegate to any state or
national political party convention,";
On page four, section twenty, line fifty-two, after the word
"activities" by striking out the word "or"
And,
On page four, section twenty, line fifty-two, after the word
"worker" by inserting the words "or being a candidate for or
serving as a delegate to any state or national political party
convention".
The bill (Eng. Com. Sub. for H. B. No. 4328), as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 4368, Reducing acts of
student violence and disruptive behavior and increasing penalties
for chronically disruptive students.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. Com. Sub. for House Bill No. 4418, Establishing a
statewide reporting system for hospitals to report their infection
rates.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular
order, were each read a first time and ordered to second reading:
Eng. House Bill No. 4019, Relating to civil actions filed in
the courts of the state.
Eng. House Bill No. 4069, Requiring vision screening for
renewal of a driver's license.
Eng. House Bill No. 4080, Relating to funds held for
charitable purposes by nonprofit, charitable institutions.
Eng. Com. Sub. for House Bill No. 4124, Adding CPR and First
Aid training to the health education curriculum in secondary
schools.
Eng. Com. Sub. for House Bill No. 4137, Clarifying that a
municipality and county will be notified by an insurance company
when a total loss to a structure occurs.
Eng. House Bill No. 4141, Providing that written status reports on civil actions brought against state government agencies
are required only as requested by the President of the Senate and
Speaker of the House.
Eng. Com. Sub. for House Bill No. 4355, Allowing
Hatfield-McCoy Regional Recreation Authority to retain civil
penalties imposed for violation of authority rules.
Eng. House Bill No. 4482, Allowing payments from the Parkways
Authority to the Hatfield-McCoy Regional Recreational Authority to
continue past the nine-year limitation.
Eng. House Bill No. 4490, Finding and declaring certain claims
against the state and its agencies to be moral obligations of the
state.
Eng. Com. Sub. for House Bill No. 4500, Providing qualified
entities access to the West Virginia Central Abuse Registry.
And,
Eng. House Bill No. 4557, Relating to continuing education for
insurance producers.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senator Plymale.
Pending announcement of meetings of standing committees of the
Senate, including a majority party caucus,
On motion of Senator Chafin, the Senate recessed until 5:30 p.m. today.
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Bailey, and by unanimous consent, returned
to the fourth order of business.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Concurrent Resolution No. 48, Requesting Division of
Highways name bridge in Puritan Mines, Mingo County, "Rev. Glen and
Gladys Merritt Bridge".
Senate Concurrent Resolution No. 49, Requesting Division of
Highways name bridge in Mingo County "Private Lawrence Ooten
Memorial Bridge".
Senate Concurrent Resolution No. 52, Requesting Division of
Highways name bridge in Marion County "Seaman 1st Class Clyde
Richard Wilson Memorial Bridge".
Senate Concurrent Resolution No. 58, Requesting Division of
Highways name bridge near Eleanor, Putnam County, "Memorial
Bridge".
Senate Concurrent Resolution No. 63, Requesting Division of
Highways name bridge near Belo, Mingo County, "R3C Fred Mahon
Memorial Bridge".
House Concurrent Resolution No. 4, The H.E. 'Homer' Lilly Bridge.
House Concurrent Resolution No. 51, The "William Arnett Wills
Memorial Bridge".
And,
House Concurrent Resolution No. 67, The "Abishi Carrando
Cunningham, Sr. Memorial Bridge".
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Eng. Com. Sub. for House Bill No. 2881, Providing that antique
motor vehicles may be used for occasional recreational driving.
And,
Eng. Com. Sub. for House Bill No. 4099, Allowing certain
vehicles designated by the Secretary of the Department of Military
Affairs and Public Safety to use red flashing lights.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being
granted, the bills (Eng. Com. Sub. for H. B. Nos. 2881 and 4099)
contained in the preceding report from the Committee on
Transportation and Infrastructure were each taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. Com. Sub. for House Bill No. 4018, Renewing the West
Virginia Small Business Linked Deposit Program.
Eng. Com. Sub. for House Bill No. 4028, Authorizing counties
and municipalities to enter into contracts for energy-savings.
And,
Eng. Com. Sub. for House Bill No. 4094, Relating to
reimbursement of compensation paid to certain state employees for
job-related training, education or professional development.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bills (Eng. Com. Sub. for H. B. Nos. 4018 and 4094)
contained in the preceding report from the Committee on Government
Organization were each taken up for immediate consideration, read
a first time, ordered to second reading and, under the original
double committee references, were then referred to the Committee on
Finance.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of Engrossed Committee Substitute for
House Bill No. 4028 contained in the foregoing report from the
Committee on Government Organization.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4028) was taken up
for immediate consideration, read a first time and ordered to
second reading.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. House Bill No. 4072, Clarifying that the Board of
Registration for Professional Engineers is subject to a regulatory
board review.
And has amended same.
Eng. House Bill No. 4073, Clarifying that the Board of
Examinations in Counseling is subject to a regulatory board review.
And has amended same.
And,
Eng. House Bill No. 4085, Relating to regulatory review of the
West Virginia Acupuncture Board.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Bowman from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. Com. Sub. for House Bill No. 4079, Relating to
Professional Employer Organizations.
And,
Eng. House Bill No. 4512, Providing classifications of
licensees to be licensed by the State Fire Marshal to engage in
fire protection work.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Eng. Com. Sub. for House Bill No. 4082, Relating to the Public
Employees Retirement System.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on Pensions.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4206, Authorizing the
Department of Military Affairs and Public Safety to promulgate legislative rules.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Chafin, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4206) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4209, Authorizing the
Department of Administration to promulgate legislative rules.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Chafin, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4209) contained in the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4244, Authorizing the
Department of Transportation to promulgate legislative rules.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Chafin, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4244) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4304, Revised Anatomical
Gift Act.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Eng. Com. Sub. for House Bill No. 4329, Allowing a registrant
to register a Class G vehicle for a two-year period and providing
for alternative methods of payment of fees.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4329) contained in
the preceding report from the Committee on Transportation and
Infrastructure was taken up for immediate consideration, read a
first time, ordered to second reading and, under the original
double committee reference, was then referred to the Committee on Finance.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4344, Relating to the
criminal offense of cruelty to animals.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Eng. Com. Sub. for House Bill No. 4389, Removing requirement
that resident violators of traffic laws be required to sign
citations.
And,
Eng. Com. Sub. for House Bill No. 4487, Prohibiting public
disclosure of the social security number of any person named or
disclosed in a motor vehicle accident report.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4423, Ensuring that beer
kegs are not considered scrap metal unless received directly from
a beer manufacturer.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4464, Adding more exemptions
to the requirement that a foreign corporation obtain a certificate
of authority before conducting affairs in the state.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 4465, Relating to fees charged by the
Secretary of State.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Chafin, unanimous consent being
granted, the bill (Eng. H. B. No. 4465) contained in the preceding
report from the Committee on the Judiciary was taken up for
immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4496, Providing
opportunities for members of the Teachers' Defined Contribution
Retirement System ("TDC") to the State Teachers Retirement System
("TRS").
With amendments from the Committee on Pensions pending;
And has also amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on February 28, 2008;
And reports the same back with the recommendation that it do
pass as last amended by the Committee on Finance.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4496) contained in
the preceding report from the Committee on Finance was taken up for
immediate consideration and read a second time.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §18-7C-13 and §18-7C-14 of the Code of West Virginia,
1931, as amended, be repealed; that said code be amended by adding thereto a new section, designated section §11-21-12h; that §18-7A-
14, §18-7A-17, §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; 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 and §18-7C-12 of said code be amended and
reenacted; that said code be amended by adding thereto a new
section, designated section §18-7C-15; and that §18A-2-2 of said
code be amended and reenacted, all to read as follows:
CHAPTER 11. TAXATION.
ARTICLE 21. PERSONAL INCOME TAX.
§11-21-12h. Additional modification reducing federal adjusted
gross income for certain State Teachers Retirement
System contribution.
(a) If at least seventy 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 article seven-c, chapter
eighteen of this code, for tax years beginning on and after the
first day of January, two thousand eight, and for any member
electing to make the transfer, in addition to the amounts
authorized to be subtracted from federal adjusted gross income
pursuant to subsection (c), section twelve of this article, any
lump sum payment made pursuant to section seven, article seven-c, chapter eighteen of this code for the purpose of receiving credit
in the State Teachers Retirement System for service in the Defined
Contribution Retirement System and any payroll deduction made for
the purpose of repaying a loan made for that purpose is also an
authorized modification reducing federal adjusted gross income:
Provided, That any rollover of a qualified tax deferred individual
retirement account to the State Teachers Retirement System is not
eligible for the modification authorized by this subsection.
(b) This modification is available regardless of the type of
return form filed.
(c) For any lump sum payment made pursuant to article seven-c,
chapter eighteen of this code for the purpose of receiving credit
in the State Teachers Retirement System for service in the
Teachers' Defined Contribution Retirement System, the taxpayer also
may elect to carry forward the modification over a period not to
exceed five taxable years, beginning in the taxable year in which
the payment was made.
(d) Notwithstanding any other provision of this section to the
contrary, the total modification reducing federal adjusted gross
income in all years shall not exceed the total payment made
pursuant to section seven, article seven-c, chapter eighteen of
this code for the purpose of receiving full credit in the State
Teachers Retirement System for service in the Teachers' Defined
Contribution Retirement System.
CHAPTER 18. EDUCATION.
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 State
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 State Teachers Retirement System for that purpose.
(b) Annually, the contributions of each member shall be
credited to the member's account in the State 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 State 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 State Teachers
Retirement System as a result of the merger transfer contemplated
in article seven-c 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-17. Statement and computation of teachers' service;
qualified military service.
(a) Under rules adopted by the retirement board, each teacher
shall file a detailed statement of his or her length of service as
a teacher for which he or she claims credit. The retirement board
shall determine what part of a year is the equivalent of a year of
service. In computing the service, however, it shall credit no
period of more than a month's duration during which a member was
absent without pay, nor shall it credit for more than one year of
service performed in any calendar year.
(b) For the purpose of this article, the retirement board
shall grant prior service credit to new entrants and other members
of the retirement system for service in any of the armed forces of
the United States in any period of national emergency within which
a federal Selective Service Act was in effect. For purposes of
this section, "armed forces" includes Women's Army Corps, women's
appointed volunteers for emergency service, Army Nurse Corps,
SPARS, Women's Reserve and other similar units officially parts of
the military service of the United States. The military service is
considered equivalent to public school teaching and the salary equivalent for each year of that service is the actual salary of
the member as a teacher for his or her first year of teaching after
discharge from military service. Prior service credit for military
service shall not exceed ten years for any one member, nor shall it
exceed twenty-five percent of total service at the time of
retirement. Notwithstanding the preceding provisions of this
subsection, contributions, benefits and service credit with respect
to qualified military service shall be provided in accordance with
Section 414(u) of the Internal Revenue Code. For purposes of this
section, "qualified military service" has the same meaning as in
Section 414(u) of the Internal Revenue Code. The retirement board
is authorized to determine all questions and make all decisions
relating to this section and, pursuant to the authority granted to
the retirement board in section one, article ten-d, chapter five of
this code, may promulgate rules relating to contributions, benefits
and service credit to comply with Section 414(u) of the Internal
Revenue Code. No military service credit may be used in more than
one retirement system administered by the Consolidated Public
Retirement Board.
(c) For service as a teacher in the employment of the federal
government, or a state or territory of the United States or a
governmental subdivision of that state or territory, the retirement
board shall grant credit to the member: Provided, That the member
shall pay to the system double the amount he or she contributed during the first full year of current employment, times the number
of years for which credit is granted, plus interest at a rate to be
determined by the Retirement board. The interest shall be
deposited in the reserve fund and service credit granted at the
time of retirement shall not exceed the lesser of ten years or
fifty percent of the member's total service as a teacher in West
Virginia. Any transfer of out-of-state service, as provided in
this article, shall not be used to establish eligibility for a
retirement allowance and the Retirement board shall grant credit
for the transferred service as additional service only: Provided,
however, That a transfer of out-of-state service is prohibited if
the service is used to obtain a retirement benefit from another
retirement system: Provided further, That salaries paid to members
for service prior to entrance into the retirement system shall not
be used to compute the average final salary of the member under the
retirement system.
(d) Service credit for members or retired members shall not be
denied on the basis of minimum income rules promulgated by the
teachers retirement board: Provided, That the member or retired
member shall pay to the system the amount he or she would have
contributed during the year or years of public school service for
which credit was denied as a result of the minimum income rules of
the Teachers Retirement Board.
(e) No members shall be considered absent from service while serving as a member or employee of the Legislature of the State of
West Virginia during any duly constituted session of that body or
while serving as an elected member of a county commission during
any duly constituted session of that body.
(f) No member shall be considered absent from service as a
teacher while serving as an officer with a statewide professional
teaching association, or who has served in that capacity, and no
retired teacher, who served in that capacity while a member, shall
be considered to have been absent from service as a teacher by
reason of that service: Provided, That the period of service
credit granted for that service shall not exceed ten years:
Provided, however, That a member or retired teacher who is serving
or has served as an officer of a statewide professional teaching
association shall make deposits to the Teachers Retirement Board,
for the time of any absence, in an amount double the amount which
he or she would have contributed in his or her regular assignment
for a like period of time.
(g) The Teachers Retirement Board shall grant service credit
to any former or present member of the West Virginia Public
Employees Retirement System who has been a contributing member for
more than three years for service previously credited by the Public
Employees Retirement System and: (1) Shall require the transfer of
the member's contributions to the State Teachers Retirement System;
or (2) shall require a repayment of the amount withdrawn any time prior to the member's retirement: Provided, That there shall be
added by the member to the amounts transferred or repaid under this
subsection an amount which shall be sufficient to equal the
contributions he or she would have made had the member been under
the State Teachers Retirement System during the period of his or
her membership in the Public Employees Retirement System plus
interest at a rate to be determined by the board compounded
annually from the date of withdrawal to the date of payment. The
interest paid shall be deposited in the reserve fund.
(h) For service as a teacher in an elementary or secondary
parochial school, located within this state and fully accredited by
the West Virginia Department of Education, the retirement board
shall grant credit to the member: Provided, That the member shall
pay to the system double the amount contributed during the first
full year of current employment, times the number of years for
which credit is granted, plus interest at a rate to be determined
by the Retirement board. The interest shall be deposited in the
reserve fund and service granted at the time of retirement shall
not exceed the lesser of ten years or fifty percent of the member's
total service as a teacher in the West Virginia public school
system. Any transfer of parochial school service, as provided in
this section, may not be used to establish eligibility for a
retirement allowance and the board shall grant credit for the
transfer as additional service only: Provided, however, That a transfer of parochial school service is prohibited if the service
is used to obtain a retirement benefit from another retirement
system.
(i) Active members who previously worked in CETA
(Comprehensive Employment and Training Act) may receive service
credit for time served in that capacity: Provided, That in order
to receive service credit under the provisions of this subsection
the following conditions must be met: (1) The member must have
moved from temporary employment with the participating employer to
permanent full-time employment with the participating employer
within one hundred twenty days following the termination of the
member's CETA employment; (2) the board must receive evidence that
establishes to a reasonable degree of certainty as determined by
the board that the member previously worked in CETA; and (3) the
member shall pay to the board an amount equal to the employer and
employee contribution plus interest at the amount set by the board
for the amount of service credit sought pursuant to this
subsection: Provided, however, That the maximum service credit
that may be obtained under the provisions of this subsection is two
years: Provided further, That a member must apply and pay for the
service credit allowed under this subsection and provide all
necessary documentation by the thirty-first day of March, two
thousand three: And provided further, That the board shall
exercise due diligence to notify affected employees of the provisions of this subsection.
(j) If a member is not eligible for prior service credit or
pension as provided in this article, then his or her prior service
shall not be considered a part of his or her total service.
(k) A member who withdrew from membership may regain his or
her former membership rights as specified in section thirteen of
this article only in case he or she has served two years since his
or her last withdrawal.
(l) Subject to the provisions of subsections (a) through (l),
inclusive, of this section, the board shall verify as soon as
practicable the statements of service submitted. The Retirement
board shall issue prior service certificates to all persons
eligible for the certificates under the provisions of this article.
The certificates shall state the length of the prior service
credit, but in no case shall the prior service credit exceed forty
years.
(m) Notwithstanding any provision of this article to the
contrary, when a member is or has been elected to serve as a member
of the Legislature and the proper discharge of his or her duties of
public office require that member to be absent from his or her
teaching or administrative duties, the time served in discharge of
his or her duties of the legislative office are credited as time
served for purposes of computing service credit: Provided, That
the board may not require any additional contributions from that member in order for the board to credit him or her with the
contributing service credit earned while discharging official
legislative duties: Provided, however, That nothing in this
section may be construed to relieve the employer from making the
employer contribution at the member's regular salary rate or rate
of pay from that employer on the contributing service credit earned
while the member is discharging his or her official legislative
duties. These employer payments shall commence as of the first day
of June, two thousand: Provided further, That any member to which
the provisions of this subsection apply may elect to pay to the
board an amount equal to what his or her contribution would have
been for those periods of time he or she was serving in the
Legislature. The periods of time upon which the member paid his or
her contribution shall then be included for purposes of determining
his or her final average salary as well as for determining years of
service: And provided further, That a member using the provisions
of this subsection is not required to pay interest on any
contributions he or she may decide to make.
(n) The Teachers Retirement Board shall grant service credit
to any former member of the State Police Death, Disability and
Retirement System who has been a contributing member for more than
three years, for service previously credited by the State Police
Death, Disability and Retirement System; and: (1) Shall require
the transfer of the member's contributions to the State Teachers Retirement System; or (2) shall require a repayment of the amount
withdrawn any time prior to the member's retirement: Provided,
That the member shall add to the amounts transferred or repaid
under this paragraph an amount which is sufficient to equal the
contributions he or she would have made had the member been under
the State Teachers Retirement System during the period of his or
her membership in the State Police Death, Disability and Retirement
System plus interest at a rate to be determined by the board
compounded annually from the date of withdrawal to the date of
payment. The interest paid shall be deposited in the reserve fund.
(o) Notwithstanding any provision of this chapter to the
contrary, actively contributing members who have twenty-five or
more years of service credit in this plan may receive service
credit for prior teaching in a state institution of higher
education if the retirement contributions to the higher education
retirement plan authorized in section four-a, article twenty-three,
chapter eighteen of this code have been withdrawn: Provided, That
the member must pay to the retirement board double the amount
contributed during the first full year of current employment,
multiplied by the number of years for which credit is granted, plus
interest at a rate to be determined by the board and the member
must apply and pay for the service credit allowed under this
subsection and provide all necessary documentation by the thirty-
first day of December, two thousand eight: Provided, however, That the maximum service credit that may be obtained under the
provisions of this subsection is three years. The provisions of
section twenty-eight-e of this article are not applicable to the
amendments made to this section during the two thousand eight
regular session.
§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 State 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 State 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 State Teachers
Retirement System as a result of the merger transfer contemplated
in article seven-c 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 Teachers 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 State 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 State 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 State 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-c 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-c of this chapter.
(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 State
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 of this chapter
to pay all or part of the one and one-half percent contribution for
service in the Defined Contribution Plan actuarial reserve pursuant
to section seven, article seven-c, chapter eighteen of this code
for the purpose of receiving full credit in the State Teachers
Retirement System for service in the Teachers' Defined Contribution
Retirement System.
§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 State Teachers
Retirement System upon meeting the requirements of article seven-c
of this chapter.
ARTICLE 7B. TEACHERS' DEFINED CONTRIBUTION RETIREMENT SYSTEM.
§18-7B-7. Participation in Teachers' Defined Contribution
Retirement System; limiting participation in
existing State 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 State Teachers
Retirement System.
(b) Members of the existing State 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 State Teachers Retirement System
without a change in plan provisions or benefits.
(c) Any person who was previously a member of the State
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 State 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 State
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 State
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 State Teachers Retirement System
upon meeting the requirements provided in article seven-c 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 State
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 State 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 State Teachers Retirement System
within the applicable time periods and upon meeting the
requirements provided in article seven-c 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 7C. TRANSFER FROM TEACHERS' DEFINED CONTRIBUTION
RETIREMENT SYSTEM TO STATE TEACHERS RETIREMENT
SYSTEM.
§18-7C-1. Short title.
This article may be cited as the Teachers Retirement Equity
Transfer Act.
§18-7C-2. Legislative findings and purpose.
(a) The Legislature declares that the State of West Virginia
and its citizens have always believed in a strong public education
system. The Constitution of this state mandates a thorough and
efficient public education system. The Legislature notes that the
quality of our state's education system is dependent, inter alia,
upon the motivation and quality of its teachers and educational
service personnel.
(b) The Legislature finds and declares that the State of West
Virginia is privileged to be the home of some of the best teachers
and education service personnel in this nation and that our
teachers and education service personnel are dedicated and
hard-working individuals. The Legislature further finds and
declares that our teachers and education service personnel deserve
a retirement program whereby they know in advance what their
retirement benefit will be, a defined benefit retirement program
where our teachers and service personnel will not have to bear the
risk of investment performance to receive their full retirement
benefit. The Legislature notes that uncertainty exists in the
investment markets, especially in the post-September eleventh era,
and that placing this risk and uncertainty upon the state in the form of a defined benefit plan will protect and ensure a meaningful
retirement benefit for our teachers and educational service
personnel.
(c) The Legislature declares that it is in the best interests
of the teachers and education service personnel in this state, as
well as its entire system of public education in this state, and
conducive to the fiscal solvency of the State Teachers Retirement
System, that members of the Teachers' Defined Contribution
Retirement System be merged with afforded the opportunity to
transfer from that retirement system to the State Teachers
Retirement System in a manner that is consistent with the prudent
and fiscally sound management of the State Teachers Retirement
System.
(d) The Legislature also finds that a fiscally sound
retirement program with an ascertainable benefit aids in the
retention and recruitment of teachers and school service personnel
and that the provisions of this article are designed to accomplish
the goals set forth in this section.
(e) The Legislature has studied this matter diligently and in
making the determination to merge the two plans has availed itself
of an actuarial study of the proposed merger by the actuary of the
Consolidated Public Retirement Board and has engaged the service of
two independent actuaries.
(f) The Legislature further finds and declares that members of a defined contribution system who must bear the attendant market
risk and performance of their investments are truly being provided
a significant and greater benefit where the defined contribution
system is replaced with a defined benefit system in which the
employer bears the risk of market fluctuations and investment
performance, especially where those members decide through an
election process whether to trade the defined contribution system
for a defined benefit system.
(b) It is the purpose of this article to provide a process for
members of the Teachers' Defined Contribution Retirement System to
transfer to the State Teachers Retirement System in the manner the
Legislature has determined by this enactment to be the most
conducive to the prudent and fiscally sound management of the State
Teachers Retirement System.
§18-7C-3. 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 seven 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.
(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. This factor based on the State Teachers Retirement System
actuarial valuation assumptions shall estimate the impact of
mortality, disability and economic factors for the 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
Teachers' Defined Contribution Retirement System service credit
being purchased multiplied by the actuarial reserve adjusted
salary; the benefit multiplied by the actuarial reserve benefit
date factors to determine the lump sum value multiplied by the
actuarial reserve discount factor.
(8) "Additional service" means the difference between the
total Teachers' Defined Contribution Retirement System service
credit and the service being credited pursuant to section seven of
this article.
(9) "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 eight 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;
(10) "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.
(2)(11) "Board" means the Consolidated Public Retirement Board
established in article ten-d, chapter five of this code and its
employees.
(3) "Date of merger" means, in the event of a positive vote on
the merger, the first day of July, two thousand six.
(12) "Date of transfer" means in the event that seventy percent or more of the actively contributing members of the Defined
Contribution Retirement System voluntarily elect to transfer their
assets to the State Teachers Retirement System, the first day of
July, two thousand eight.
(4)(13) "Defined contribution retirement system" means the
Teachers' Defined Contribution Retirement System established in
article seven-b of this chapter.
(14) "Member" means any person who has an account balance
standing to his or her credit in the Teachers' Defined Contribution
Retirement System.
(5)(15) "Salary" means:
(A) For a member contributing to the defined contribution
retirement system during the two thousand five seven fiscal year,
the actual salary earned for the two thousand five seven fiscal
year divided by the employment service earned in the two thousand
five seven fiscal year.
(B) For a member not contributing to the defined contribution
retirement system during the two thousand five seven fiscal year,
the contract salary on the date of rehire.
(6)(16) "State Teachers Retirement System" means the State
Teachers Retirement System established in article seven-a of this
chapter.
§18-7C-4. Voluntary transfers.
(a) Subject to In accordance with the provisions of subsection (b) of this section article, on the first day of July, two thousand
six, the Consolidated Public Retirement Board shall effect the
voluntary transfer of members of the defined contribution
retirement system shall be merged and consolidated with to the
State Teachers Retirement System. pursuant to the provisions of
this article.
(b) If a majority of the eligible voting at least seventy
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 eight 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 seventy 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, do not elect in favor of the merger,
then all of the provisions of this article are void and of no force
and effect and 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 six eight.
§18-7C-5. Notice, education, record-keeping requirements.
(a) Commencing not later than the first day of August, two thousand five April, two thousand eight, the Consolidated Public
Retirement Board shall begin an educational program with respect to
the voluntary transfer of actively contributing members of merger
of the Teachers' Defined Contribution Retirement System with and
their assets to the State Teachers Retirement System.
(1) This educational program shall address, at a minimum:
(A) The law providing for the merger transfer;
(B) The mechanics of the merger transfer;
(C) The election process processes 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 approve the merger
affirmatively elect to transfer and thereby elect to remain in the
Defined Contribution Retirement System;
(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 in general
attendant to the various options available to the members; and
(H) 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, delivered to
each member;
(D) Classes or seminars pursuant to subdivision (3) of this
subsection; if in the best judgment of the board classes or
seminars are required to provide the necessary education for a
member to make an informed decision with respect to the
election
(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 the board determines would be
appropriate to conduct the classes or seminars;
(B) Each county board shall require at least two of its
employees to attend the training;
(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 may be conducted by one of the county
board employees who attended the training for conducting the
classes or seminars, by any other person who attended the training
or by a representative of a school personnel organization that the
county 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
employee trained to conduct the classes or seminars or by a
representative of a school personnel organization that the county
board considers qualified to attend the booth. An attendant of the
booth may receive the written documents authorizing transfer to the
State Teachers Retirement System. The attendant shall record the
receipt of all written documents authorizing the 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. Pursuant to section eight of this article, the
person attending the booth shall transfer any written document
authorizing the transfer received, the record of receipt of the
written document and the initialed receipt log to the worksite
supervisor as soon thereafter as possible;
(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 it to be
appropriate on at least one occasion for the duration of at least
sixty minutes during regular school hours to provide such
educational programs as the Consolidated Public Retirement Board
may determine determines appropriate for members of the Teachers'
Defined Contribution Retirement System;
(H) Members of the Teachers' Defined Contribution Retirement
System may submit to the person conducting a class or seminar their
written document authorizing the Consolidated Public Retirement
Board to transfer the employee and all of his or her assets to the
State Teachers Retirement System. Pursuant to section eight of
this article, the person conducting the class or seminar shall
transfer the written document authorizing the transfer to the worksite supervisor as soon thereafter as possible.
(b) The board shall provide each member with a copy of the
written or electronic educational materials and with a copy of the
notice of the election opportunity to affirmatively elect to
transfer, to the extent deliverable, by mailing a copy thereof,
first class postage prepaid, through the United States mails 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. (1) The notice
shall provide full and appropriate disclosure regarding the merger
and the election process by which a member may affirmatively elect
to transfer, including the date period of the election opportunity
to affirmatively elect to transfer.
(2) The board also shall cause notice of the election to be
published in at least ten newspapers of general circulation in this
state. This notice shall be:
(A) By Class III legal advertisement published in accordance
with the provisions of article three, chapter fifty-nine of this
code; and
(B) Published not later than thirty days prior to the
beginning of the election period and not sooner than sixty days
prior to the beginning of the election period pursuant to section
eight of this article.
(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 member of the Teachers' Defined Contribution
Retirement System is considered to have actual notice of the
election opportunity to affirmatively elect to transfer and all
matters pertinent to the election thereto.
§18-7C-6. Conversion of assets from Defined Contribution
Retirement System to State Teachers Retirement
System; contributions; loans.
(a) If a majority of members voting elect to merge the Defined
Contribution Retirement System into the State Teachers Retirement
System:
(1) The consolidation and merger is governed by the provisions
of this article;
(2) The Defined Contribution Retirement System does not exist
after the thirtieth day of June, two thousand six; and
(3) If at least seventy 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 eight 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. All members of that system become
members of the State Teachers Retirement System as provided in this
article.
(b) Following the election, if the vote is in favor of the
merger, the board shall transfer all properties held in the Defined
Contribution Retirement System's Trust Fund to the State Teachers
Retirement System.
(c)(b) To receive full additional 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 within the period provided in
section eight of this article shall pay into the State Teachers
Retirement System a one and one-half percent contribution the
actuarial reserve pursuant to section seven, article seven-c,
chapter eighteen of this code: This contribution shall be
calculated as one and one-half percent of the member's estimated
total earnings for which assets are transferred. Provided, That a
member may receive one-half the additional credit by paying the
actuarial reserve for the one-half additional service credit.
Except as otherwise provided in this section, each member shall pay the contribution actuarial reserve pursuant to section seven,
article seven-c, chapter eighteen of this code required no later
than the thirtieth day of June, two thousand seven nine.
(1) For a member contributing to the Defined Contribution
Retirement System at any time during the two thousand five fiscal
year and commencing membership in the State Teachers Retirement
System on the first day of July, two thousand six:
(A) 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 five;
(B) 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 six fiscal year.
(2) For a member not contributing to the Defined Contribution
Retirement System during the two thousand five fiscal year:
(A) The estimated total earnings shall be calculated based on
the member's salary and the member's age nearest birthday on the
member's date of rehire.
(B) This calculation shall apply a backward salary scale from
the member's date of rehire for prior years' salaries.
(3) The calculations in subdivisions (1) and (2) of this
subsection 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 four, prepared for the Consolidated Public Retirement Board. This salary scale shall be
applied regardless of breaks in service.
(d) (c) The board shall make available to each member a loan
for the purpose of paying all or part of the one and one-half
percent contribution required in this section actuarial reserve
pursuant to section seven, article seven-c, chapter eighteen of
this code. 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 such loan
may not exceed seven and one-half percent per annum. The amount
total amount borrowed may not exceed twelve 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 one and one-half percent actuarial reserve pursuant to
section seven, article seven-c, chapter eighteen of this code, the
board shall make any necessary adjustments at the time the loan is
made.
(3) Subject to the provisions of subdivision (4) of this
section, the The board shall make this loan available for members
to pay the actuarial reserve until the thirtieth day of June, two
thousand seven nine.
(4) Upon returning to employment, a member who has left employment but not withdrawn his or her funds shall pay the one and
one-half percent contribution within one year of being rehired.
The member is eligible for one year following the date of rehire to
obtain a loan for paying the contribution.
(e) (d) The board shall develop and institute a payroll
deduction program for repayment of the loan established in this
section.
(f) (e) If the merger and consolidation is duly elected If at
least seventy 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 eight of this article:
(1) As of the first day of July, two thousand six 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 six eight, are governed
by the provisions of article seven-a of this chapter, subject to
the provisions of this article.
(g) (f) 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. Such The a member also shall pay the one and
one-half percent contribution actuarial reserve pursuant to section
seven, article seven-c, chapter eighteen of this code to receive
full credit for the cashed-out or withdrawn amounts being repaid to
the State Teachers Retirement System.
(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.
(h) (g) Notwithstanding any provision of subsection (g) (f) 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 one three, and
that member chooses to repurchase that service after the thirtieth
day of June, two thousand six eight, the member shall repay the
previously distributed amounts and any applicable interest to the
State Teachers Retirement System.
(i) (h) Any service in the State Teachers Retirement System a
member has before the date of the merger transfer is not affected
by the provisions of this article.
(i) 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.
§18-7C-7. Service credit in State Teachers Retirement System
following transfer; adjustments.
(a) Any member who has affirmatively elected to transfer to
the State Teachers Retirement System within the period provided in
section eight of this article transferring all of his or her 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
entitled to service credit in the State Teachers Retirement System
for each year or part of a year, as governed by the provisions of
article seven-a of this chapter, the member worked and contributed
to the Defined Contribution Retirement System pursuant to
subsection (c) 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) Any member's Defined Contribution Retirement System
service credit will be reduced by twenty-five percent if the member
does not pay the one and one-half percent contribution required by
this article upon transfer to the State Teachers Retirement System.
If at least seventy 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 eight 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) If at least seventy 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 eight of this article, then the member's State Teachers
Retirement System credit shall be eighty percent of the member's
Teachers' Defined Contribution Retirement System service credit;
(2) If at least seventy-five percent but less than eighty
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 eight of this article, then the member's State Teachers
Retirement System credit shall be eighty-two and one-half percent
of the member's Teachers' Defined Contribution Retirement System
service credit;
(3) If at least eighty percent but less than eighty-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 eight of this article, then the member's State Teachers
Retirement System credit shall be eighty-five percent of the
member's Teachers' Defined Contribution Retirement System service
credit; and
(4) If at least eighty-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 eight of this article,
then the member's State Teachers Retirement System credit shall be
eighty-seven and one-half percent of the member's Teachers' Defined
Contribution Retirement System service credit.
(d) To receive additional 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: Provided, That a member may receive one-half the
additional credit by paying the actuarial reserve for the one-half
additional service credit. Each member shall pay the actuarial
reserve no later than the thirtieth day of June, two thousand nine.
(e) 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.
(f) 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.
§18-7C-8. Period for affirmative election to transfer; board may
contract for professional services.
(a) The board shall arrange for and hold an election for
provide the members of the Teachers' Defined Contribution
Retirement System who are eligible to vote, pursuant to the
provisions of subsection (d) of this section, on the issue of
merging and consolidating the 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 into to the State Teachers Retirement System in accordance
with the provisions of this article.
(b) If a majority of the eligible voters casting ballots in
the election votes in the affirmative on the issue at least seventy
percent of actively contributing members of the Teachers' Defined
Contribution Retirement System affirmatively elect to transfer to
the State Teachers Retirement System:
(1) All members of the Defined Contribution Retirement System
will transfer, or have transferred, all assets held by them or on
their behalf in the Defined Contribution Retirement System to the
State Teachers Retirement System 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 date of the merger 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 one half of the members eligible to vote of
the Defined Contribution Plan cast ballots in the election, the
election is not valid and binding seventy 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 five seven, may and is eligible to vote in
the election 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 three 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 the
professionals it deems necessary to:
(1) Assist in the preparation of educational materials for
members of the Defined Contribution Retirement System who are
eligible to vote on the merger to inform these members of their
options in the election;
(2) Assist in the educational process of the members who are
eligible to vote on the merger;
(3) Assist in the election process and the election 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 merger process
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,
relating to the Division of Purchasing of the Department of
Administration 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.
(g) The election submission of the documents whereby members
may affirmatively elect to transfer may be held through certified
mail or in any other 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. Each
ballot shall contain the following language, in bold fifteen-point
type: "By casting this ballot I am making an educated, informed and
voluntary choice as to my retirement and the retirement system of
which I wish to be a member. I am also certifying that I
understand the consequences of my vote in this election." Each ballot shall be signed by the member voting. The board shall
retain the ballots in a permanent file. Any unsigned ballot is
void.
(h) The election period for submission of the documents
whereby members may affirmatively elect to transfer shall begin not
later than the first day of March April, two thousand six eight.
The board shall ascertain the results of the election submissions
not later than the last day of March May, two thousand six eight.
The board shall certify the results of the election submissions to
the Governor, the Legislature and the members not later than the
fifth day of April June, two thousand six eight.
(i) The election submission period terminates and votes
elections to transfer may not be cast or counted accepted from a
member after the twelfth day of March May, two thousand six eight,
unless the election is conducted through the United States mail
subject to the following:
(1) If conducted elections to transfer are permitted through
the mail, any ballot submission postmarked later than the twelfth
day of March May, two thousand six eight, is void and may not be
counted; and
(2) Any election to transfer given to a supervisor at a
worksite pursuant to subsection (j) of this section on or before
the twelfth day of May, two thousand eight, shall be valid and
counted if the supervisor mails the written documents authorizing transfer by the thirteenth day of May, two thousand eight.
(j) The board shall take all necessary steps to see that the
merger does not affect the qualified status with the Internal
Revenue Service of either retirement plan.
(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 to the member submitting the written
document.
(2) On and after the seventh day of May, two thousand eight, but on or before the tenth 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 that 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 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 fifteenth 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.
§18-7C-9. Results considered final.
(a) The election is considered final and each member, whether
he or she voted or failed to vote, is bound by the results of the
election. 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
election opportunities provided by this article to transfer
membership and assets to the State Teachers Retirement System.
Those members Each member who failed or refused to vote are
affirmatively elect to transfer is also considered to have made an
informed, educated, knowing and voluntary decision and choice with
respect to the election and voting thereto and are is bound by the
results thereof. of the election as if he or she had voted in the
election.
(b) Only one election may be held pursuant to the provisions
of this article.
§18-7C-10. Qualified domestic relations orders.
Any 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 twelve fourteen. The
provisions of this section are void and of no effect if the members
fail to elect to merge and consolidate there is no transfer from
the Teachers' Defined Contribution Retirement System with 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.
§18-7C-11. Vesting.
Any member who works one hour or more after the date of merger
occurs 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.
§18-7C-12. 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 the date
of merger 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 as of the
thirtieth day of June, two thousand six eight, plus any earnings
thereon, as stated by the board or the board's professional contractor.
(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 the thirtieth day of
June, two thousand six, where the Defined Contribution Retirement
System has been merged into the State Teachers Retirement System
his or her assets are transferred to the State Teachers Retirement
System pursuant to this article, 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 regular 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 of the
merger his or her assets are transferred to the State Teachers
Retirement System pursuant to this article, as determined by the
board or its professional third-party benefits administrator pursuant to the vesting provisions of section twelve of this
article. This amount may shall be distributed in a lump sum or in
periodic payments as elected by the member.
(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 following
approval of the merger and following the date of merger 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 merger the transfer,
plus interest thereon, at four percent accruing from the date of
merger the transfer. This amount may shall be distributed in a
lump sum: or in periodic payments as elected by the member
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.
§18-7C-15. Funding.
To the extent that the Legislature determines that the
operation of the amendment and reenactment of this article in two
thousand eight may cause additional unfunded actuarially accrued
liability in the State Teachers Retirement System, the amounts
provided by the Legislature through appropriations made for the
purpose of offsetting the additional unfunded actuarially accrued liability shall be applied, together with any savings therefrom, to
the full amortization of the additional amount through two thousand
thirty-four.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 2. SCHOOL PERSONNEL.
§18A-2-2. Employment of teachers; contracts; continuing contract
status; how terminated; dismissal for lack of need;
released time; failure of teacher to perform contract
or violation thereof.
(a) Before entering upon their duties, all teachers shall
execute a contract with their county boards, which shall state the
salary to be paid and shall be in the form prescribed by the state
superintendent. Each contract shall be signed by the teacher and
by the president and secretary of the county board and shall be
filed, together with the certificate of the teacher, by the
secretary of the office of the county board.
(b) A teacher's contract, under this section, shall be for a
term of not less than one nor more than three years, one of which
shall be for completion of a beginning teacher internship pursuant
to the provisions of section two-b, article three of this chapter,
if applicable. If, after three years of such employment, the
teacher who holds a professional certificate, based on at least a
bachelor's degree, has met the qualifications for a bachelor's
degree and the county board enter into a new contract of employment, it shall be a continuing contract, subject to the
following:
(1) Any teacher holding a valid certificate with less than a
bachelor's degree who is employed in a county beyond the three-year
probationary period shall upon qualifying for the professional
certificate based upon a bachelor's degree, if reemployed, be
granted continuing contract status; and
(2) A teacher holding continuing contract status with one
county shall be granted continuing contract status with any other
county upon completion of one year of acceptable employment if the
employment is during the next succeeding school year or immediately
following an approved leave of absence extending no more than one
year.
(c) The continuing contract of any teacher shall remain in
full force and effect except as modified by mutual consent of the
school board and the teacher, unless and until terminated, subject
to the following:
(1) A continuing contract may not be terminated except:
(A) By a majority vote of the full membership of the county
board on or before the first Monday of April of the then current
year, after written notice, served upon the teacher, return receipt
requested, stating cause or causes and an opportunity to be heard
at a meeting of the board prior to the board's action on the
termination issue; or
(B) By written resignation of the teacher before that date, to
initiate termination of a continuing contract;
(2) The termination shall take effect at the close of the
school year in which the contract is terminated;
(3) The contract may be terminated at any time by mutual
consent of the school board and the teacher;
(4) This section does not affect the powers of the school
board to suspend or dismiss a principal or teacher pursuant to
section eight of this article;
(5) A continuing contract for any teacher holding a
certificate valid for more than one year and in full force and
effect during the school year one thousand nine hundred
eighty-four--one thousand nine hundred eighty-five shall remain in
full force and effect;
(6) A continuing contract shall not operate to prevent a
teacher's dismissal based upon the lack of need for the teacher's
services pursuant to the provisions of law relating to the
allocation to teachers and pupil-teacher ratios. The written
notification of teachers being considered for dismissal for lack of
need shall be limited to only those teachers whose consideration
for dismissal is based upon known or expected circumstances which
will require dismissal for lack of need. An employee who was not
provided notice and an opportunity for a hearing pursuant to this
subsection may not be included on the list. In case of dismissal for lack of need, a dismissed teacher shall be placed upon a
preferred list in the order of their length of service with that
board. No teacher shall be employed by the board until each
qualified teacher upon the preferred list, in order, has been
offered the opportunity for reemployment in a position for which he
or she is qualified, not including a teacher who has accepted a
teaching position elsewhere. The reemployment shall be upon a
teacher's preexisting continuing contract and has the same effect
as though the contract had been suspended during the time the
teacher was not employed.
(d) In the assignment of position or duties of a teacher under
a continuing contract, the board may provide for released time of
a teacher for any special professional or governmental assignment
without jeopardizing the contractual rights of the teacher or any
other rights, privileges or benefits under the provisions of this
chapter. Released time shall be provided for any professional
educator while serving as a member of the Legislature during any
duly constituted session of that body and its interim and statutory
committees and commissions without jeopardizing his or her
contractual rights or any other rights, privileges, benefits or
accrual of experience for placement on the state minimum salary
schedule in the following school year under the provisions of this
chapter, board policy and law.
(e) Any teacher who fails to fulfill his or her contract with the board, unless prevented from doing so by personal illness or
other just cause or unless released from his or her contract by the
board, or who violates any lawful provision of the contract, shall
be disqualified to teach in any other public school in the state
for a period of the next ensuing school year and the State
Department of Education or board may hold all papers and
credentials of the teacher on file for a period of one year for the
violation: Provided, That marriage of a teacher shall not be
considered a failure to fulfill, or violation of, the contract.
(f) Any classroom teacher, as defined in section one, article
one of this chapter, who desires to resign employment with a county
board or request a leave of absence, the resignation or leave of
absence to become effective on or before the fifteenth day of July
of the same year and after completion of the employment term, may
do so at any time during the school year by written notification of
the resignation or leave of absence and any notification received
by a county board shall automatically extend the teacher's public
employee insurance coverage until the thirty-first day of August of
the same year.
(g) Any classroom teacher who gives written notice to the
county board on or before the first day of February of the school
year of their retirement from employment with the board at the
conclusion of the school year shall be paid five hundred dollars
from the Early Notification of Retirement line item established for the Department of Education for this purpose, subject to the
following:
(1) The five hundred dollar payment for early notification is
subject to appropriation by the Legislature;
(2) If the appropriations to the Department of Education for
this purpose are insufficient to compensate all applicable
teachers, the Department of Education shall request a supplemental
appropriation in an amount sufficient to compensate all such
applicable teachers;
(3) Additionally, if If funds are still insufficient to
compensate all applicable teachers, the priority of payment is for
teachers who give written notice the earliest;
(4) This payment shall not be counted as part of the final
average salary for the purpose of calculating retirement; and
(5) If at least seventy percent of actively contributing
members of the Teachers' Defined Contribution Retirement System
affirmatively elect to transfer to the State Teachers Retirement
system as provided in article seven-c, chapter eighteen of this
code, any classroom teacher who elects to make that transfer and
gives written notice to the county board on or before the first day
of July, two thousand eight, of his or her retirement from
employment with the board on the first day of September, two
thousand eight, shall be paid the five hundred dollars
notwithstanding any other provision of this subsection.
The bill (Eng. Com. Sub. for H. B. No. 4496), as amended, was
then ordered to third reading.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Eng. House Bill No. 4567, Attracting private investment for
the financing, construction and operation of additional lodging
units at Stonewall Jackson Lake State Park.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
John Pat Fanning,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with amendments from the
Committee on Natural Resources pending.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4570, Authorizing regional
jail employees to carry a firearm after receiving appropriate certification.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4613, Increasing protection
to beneficiaries of structured settlements as they relate to
settlement transfers.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
House Concurrent Resolution No. 14, Requesting that the Joint
Committee on Government and Finance authorize a study of the
feasibility of requiring legislative rules to be filed
electronically.
And reports the same back with the recommendation that it be
adopted; but under the original double committee reference first be
referred to the Committee on Rules.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The resolution, under the original double committee reference,
was then referred to the Committee on Rules.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
House Concurrent Resolution No. 17, Requesting the Joint
Committee on Government and Finance to study the recruitment,
retention and value of volunteer firefighters in the State of West
Virginia.
And reports the same back with the recommendation that it be
adopted; but under the original double committee reference first be
referred to the Committee on Rules.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The resolution, under the original double committee reference,
was then referred to the Committee on Rules.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
House Concurrent Resolution No. 35, The "Noah Stephens
Bridge".
And has amended same.
And reports the same back with the recommendation that it be
adopted, as amended.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
House Concurrent Resolution No. 40, Requesting the United
States Park Service to continue permitting hunting on areas
controlled by New River Gorge National River.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
John Pat Fanning,
Chair.
The Senate again proceeded to the sixth order of business.
Petitions
Senator Barnes presented a petition from Diana Thompson and
numerous Upshur County residents, supporting Senate Bill No. 307
(Prohibiting state funding of abortions).
Referred to the Committee on Health and Human Resources.
On motion of Senator Chafin, a leave of absence for the day
was granted Senator Sharpe.
Pending announcement of meetings of standing committees of the
Senate, including the Committee on Rules.
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Tuesday, March 4, 2008, at 11 a.m.
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