ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2766
(By Delegates Pethtel, Canterbury, Givens,
Ennis, Guthrie and D. Poling)
[Passed March 8, 2011; in effect from passage.]
AN ACT to amend and reenact §7-14D-7 of the Code of West Virginia,
1931, as amended, relating to increasing the maximum
contribution rate to be paid by the county commission or
concurrent employer.
Be it enacted by the Legislature of West Virginia:
That §7-14D-7 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 14D. DEPUTY SHERIFF RETIREMENT SYSTEM ACT.
§7-14D-7. Members' contributions; employer contributions.
(a) There shall be deducted from the monthly salary of each
member and paid into the fund an amount equal to eight and one-half
percent of his or her monthly salary. An additional amount shall
be paid to the fund by the county commission of the county in which
the member is employed in covered employment in an amount
determined by the board:
Provided, That in any year preceding July
1, 2011, the total of the contributions provided in this section,
to be paid by the county commission, may not exceed ten and one-half percent of the total payroll for the members in the employ of
the county commission;
Provided, however, That on or after July 1,
2011, the total of the contributions provided in this section, to
be paid by the county commission, may not exceed thirteen percent
of the total payroll for the members in the employ of the county
commission. If the board finds that the benefits provided by this
article can be actually funded with a lesser contribution, then the
board shall reduce the required member or employer contributions or
both. The sums withheld each calendar month shall be paid to the
fund no later than fifteen days following the end of the calendar
month.
(b) Any active member who has concurrent employment in an
additional job or jobs and the additional employment requires the
deputy sheriff to be a member of another retirement system which is
administered by the Consolidated Public Retirement Board pursuant
to article ten-d, chapter five of this code shall make an
additional contribution to the fund of eight and one-half percent
of his or her monthly salary earned from any additional employment
which requires the deputy sheriff to be a member of another
retirement which is administered by the Consolidated Public
Retirement Board pursuant to article ten-d, chapter five of this
code. An additional amount shall be paid to the fund by the
concurrent employer for which the member is employed in an amount
determined by the board:
Provided, That in any year preceding July
1, 2011, the total of the contributions provided in this section,
to be paid by the concurrent employer, may not exceed ten and one-half percent of the monthly salary of the employee;
Provided,
however, That on or after July 1, 2011, the total of the
contributions provided in this section, to be paid by the
concurrent employer, may not exceed thirteen percent of the monthly
salary of the employee. If the board finds that the benefits
provided by this article can be funded with a lesser contribution,
then the board shall reduce the required member or employer
contributions or both. The sums withheld each calendar month shall
be paid to the fund no later than fifteen days following the end of
the calendar month.
(c) If any change or employer error in the records of any
participating public employer or the retirement system results in
any member receiving from the system more or less than he or she
would have been entitled to receive had the records been correct,
the board shall correct the error, and as far as is practicable
shall adjust the payment of the benefit in a manner that the
actuarial equivalent of the benefit to which the member was
correctly entitled shall be paid. Any employer error resulting in
an underpayment to the retirement system may be corrected by the
member remitting the required employee contribution and the
participating public employer remitting the required employer
contribution. Interest shall accumulate in accordance with the
retirement board reinstatement interest as established in
Legislative Rule 162 CSR 7, and any accumulating interest owed on
the employee and employer contributions resulting from the employer
error shall be the responsibility of the participating public employer. The participating public employer may remit total
payment and the employee reimburse the participating public
employer through payroll deduction over a period equivalent to the
time period during which the employer error occurred.