Introduced Version
House Bill 2013 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2013
(By Delegate Moye)
[Introduced February 13, 2013; referred to the
Committee on Pensions and Retirement then Finance.]
A BILL to amend and reenact §5-10-25 of the Code of West Virginia,
1931, as amended, relating to the Public Employees Retirement
System; and preventing reduction of disability pensions at age
sixty-five.
Be it enacted by the Legislature of West Virginia:
That §5-10-25 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 10. WEST VIRGINIA PUBLIC EMPLOYEES RETIREMENT ACT.
§5-10-25. Disability retirement.
(a) Upon the application of a member of the retirement system,
or his or her present or past employing authority, any member who
is in the employ of a participating public employer or was in the
employ of a participating public employer on a date which is twelve
months or less from the date upon which the member became incapacitated, who has ten or more years of credited service of
which three years is contributing service, and who becomes totally
and permanently incapacitated for employment, by reason of a
personal injury or disease, may be retired by the board if after a
medical examination of the member made by or under the direction of
a medical committee consisting of two physicians, one of whom shall
be named by the board, and one by the member, the medical committee
reports, in writing, to the board that the member is physically or
mentally totally incapacitated for employment, that the incapacity
will probably be permanent, and that the member should be retired.
In the event the two above-mentioned examining physicians do not
agree in their findings, then the board may, at its discretion,
appoint a third physician to examine the member and, based upon the
third physician's report in writing, the board may retire the
member. A member who was not in the employ of a participating
public employer on a date which is twelve months or less from the
date upon which the member became incapacitated may receive
disability retirement under the provisions of this subsection if,
in the opinion of the medical committee, the incapacity occurred
during the time that the member was employed by a participating
public employer and the incapacity otherwise qualifies the member
for retirement under this subsection.
(b) A member with less than ten years of credited service
shall have the service requirement provided in subsection (a) above (including the requirement of three years contributing service)
waived in the event: (1) The board finds his or her total and
permanent disability to be the natural and proximate result of a
personal injury or disease arising out of and in the course of his
or her actual performance of duty in the employ of a participating
public employer; and (2) he or she is receiving or has received
workers' compensation benefits on account of the physical or
mental disability.
(c) For any member retiring and any member retired, as of
March 1, 1970, he or she shall receive a straight life annuity
computed according to section twenty-two hereof of this article and
he or she shall have has the right to elect an option provided in
section twenty-four hereof of this article: Provided, That his or
her straight life annuity payable to his or her attainment of age
sixty-five years may not be less than fifty percent of his or her
final average salary: and his or her straight life annuity payable
from and after his or her attainment of age sixty-five years may
not be less than twenty percent of his or her final average salary:
Provided, however, That his or her annuity shall be subject to
section twenty-six hereof of this article.
NOTE:
The purpose of this bill is to prevent a reduction in
the annuity of a person who retires with disability retirement at
age sixty-five.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would
be added.