COMMITTEE SUBSTITUTE
FOR
H. B. 4471
(By Delegates Spencer, DeLong, Caputo,
Perry, Boggs, Stemple and Crosier)
(Originating in the Committee on Finance)
[February 24, 2008]
A BILL to amend and reenact §15-2A-5, §15-2A-6 and §15-2A-9 of the
Code of West Virginia, 1931, as amended, all relating to the
West Virginia State Police Retirement System; increasing the
member and state contributions to the system for a ten year
period; and reducing the normal retirement age for members.
Be it enacted by the Legislature of West Virginia:
That §15-2A-5, §15-2A-6 and §15-2A-9 of the Code of West
Virginia, 1931, as amended, be amended and reenacted, all to read
as follows:
ARTICLE 2A. WEST VIRGINIA STATE POLICE RETIREMENT SYSTEM.
§15-2A-5. Members' contributions; employer contributions;
forfeitures.
(a) There shall be deducted from the monthly payroll of each
member and paid into the Fund created pursuant to section four of
this article, twelve percent of the amount of his or her salary
:
Provided, That during the period beginning the first day of July,
two thousand eight, through the thirtieth day of June, two thousand
eighteen, there shall be deducted from the monthly payroll of each member and paid into the Fund created pursuant to section four of
this article, thirteen and one-fourth percent of the amount of his
or her salary.
(b) The State of West Virginia's contributions to the
retirement system, as determined by the Consolidated Public
Retirement Board by legislative rule promulgated in accordance with
the provisions of article three, chapter twenty-nine-a of this
code, shall be a percent of the members' total annual compensation
related to benefits under this retirement system. In determining
the amount, the Board shall give consideration to setting the
amount at a sum equal to an amount which, if paid annually by the
state, will be sufficient to provide for the total normal cost of
the benefits expected to become payable to all members and to
amortize any unfunded liability found by application of the
actuarial funding method chosen for that purpose by the
Consolidated Public Retirement Board, over a period of years
determined actuarially appropriate. When proposing a rule for
promulgation which relates to the amount of employer contribution,
the board may promulgate emergency rules pursuant to the provisions
of article three, chapter twenty-nine-a of this code, if the
inability of the Board to increase state contributions will
detrimentally affect the actuarial soundness of the retirement
system. A signed statement from the state actuary shall accompany
the statement of facts and circumstances constituting an emergency
which shall be filed in the State Register. For purposes of this
section, subdivision (2), subsection (b), section fifteen-a, article three, chapter twenty-nine-a of this code is not applicable
to the Secretary of State's determination of whether an emergency
rule should be approved. The state's contributions shall be paid
monthly into the fund created pursuant to section four of this
article out of the annual appropriation for the Department
Provided, That notwithstanding any other provisions of this section
to the contrary, during the period beginning the first day of July,
two thousand eight, through the thirtieth day of June, two thousand
eighteen, the state's contribution shall be not less than thirteen
and one-fourth percent of the amount of the members' total annual
compensation related to benefits under this retirement system.
(c) Notwithstanding any other provisions of this article,
forfeitures under the system shall not be applied to increase the
benefits any member would otherwise receive under the system.
§15-2A-6. Retirement; commencement of benefits.
(a) A member may retire with full benefits upon attaining the
age of
fifty-five fifty and completing
twenty twenty-five or more
years of service
or attaining the age of fifty-two and completing
twenty years or more of service, by lodging with the Consolidated
Public Retirement Board his or her voluntary petition in writing
for retirement. A member who is less than age
fifty-five fifty-two
may retire upon completing twenty years or more of service:
Provided, That he or she will receive a reduced benefit that is of
equal actuarial value to the benefit the member would have received
if the member deferred commencement of his or her accrued
retirement benefit to the age of
fifty-five fifty-two.
(b) When the retirement board retires a member with full
benefits under the provisions of this section, the board, by order
in writing, shall make a determination that the member is entitled
to receive an annuity equal to two and three-fourths percent of his
or her final average salary multiplied by the number of years, and
fraction of a year, of his or her service in the department at the
time of retirement. The member's annuity shall begin the first day
of the calendar month following the month in which the member's
application for the annuity is filed with the board on or after his
or her attaining age and service requirements, and termination of
employment.
(c) In no event may the provisions of section thirteen,
article sixteen, chapter five be applied in determining eligibility
to retire with either a deferred or immediate commencement of
benefit.
§15-2A-9. Awards and benefits for disability. -- Incurred in
performance of duty.
(a) Except as otherwise provided in this section, a member of
the department who has not yet entered retirement status on the
basis of age and service and who becomes partially disabled by
injury, illness or disease resulting from any occupational risk or
hazard inherent in or peculiar to the services required of members
of the department and incurred pursuant to or while the member was
engaged in the performance of his or her duties as a member of the
department shall, if, in the opinion of the retirement board, he or
she is, by reason of such cause, unable to perform adequately the duties required of him or her as a member of the department, but is
able to engage in other gainful employment in a field other than
law enforcement, be retired from active service by the board. The
member thereafter is entitled to receive annually and there shall
be paid to the member from the fund in equal monthly installments
during the lifetime of the member, or until the member attains the
age
of fifty-five at which the member is eligible to retire under
section six of this article or until the disability sooner
terminates, one or the other of two amounts, whichever is greater:
(1) An amount equal to six tenths of the base salary received
in the preceding twelve-month employment period:
Provided, That if
the member had not been employed with the department for twelve
months prior to the disability, the amount of monthly salary shall
be annualized for the purpose of determining the benefit; or
(2) The sum of six thousand dollars.
Upon attaining
the age
fifty-five at which the member is
eligible to retire under section six of this article, the member
shall receive the benefit provided in section six of this article
as it would apply to his or her final average salary based on
earnings from the department through the day immediately preceding
his or her disability. The recalculation of benefit upon a member
attaining
the age
of fifty-five at which the member is eligible to
retire under section six of this article shall be considered to be
a retirement under the provisions of section six of this article,
for purposes of determining the amount of annual annuity adjustment
and for all other purposes of this article:
Provided, That a member who is partially disabled under this article may not, while in
receipt of benefits for partial disability, be employed as a
law-enforcement officer:
Provided however, That a member retired
on a partial disability under this article may serve as an elected
sheriff or appointed chief of police in the state without a loss of
disability retirement benefits so long as such elected or appointed
position is shown to the satisfaction of the board, to require the
performance of administrative duties and functions only, as opposed
to the full range of duties of a law-enforcement officer.
(b) Any member who has not yet entered retirement status on
the basis of age and service and who becomes physically or mentally
disabled by injury, illness or disease on a probable permanent
basis resulting from any occupational risk or hazard inherent in or
peculiar to the services required of members of the department and
incurred pursuant to or while the member was or is engaged in the
performance of his or her duties as a member of the department to
the extent that the member is incapacitated ever to engage in any
gainful employment, the member is entitled to receive annually, and
there shall be paid to the member from the fund in equal monthly
installments during the lifetime of the member or until the
disability sooner terminates, an amount equal to the amount of the
base salary received by the member in the preceding twelve-month
employment period.
(c) The superintendent of the department may expend moneys
from funds appropriated for the department in payment of medical,
surgical, laboratory, X ray, hospital, ambulance and dental expenses and fees, and reasonable costs and expenses incurred in
the purchase of artificial limbs and other approved appliances
which may be reasonably necessary for any member of the department
who is temporarily, permanently or totally disabled by injury,
illness or disease resulting from any occupational risk or hazard
inherent in or peculiar to the service required of members of the
department and incurred pursuant to or while the member was or
shall be engaged in the performance of duties as a member of the
department. Whenever the superintendent determines that any
disabled member is ineligible to receive any of the aforesaid
benefits at public expense, the superintendent shall, at the
request of the disabled member, refer the matter to the board for
hearing and final decision. In no case will the compensation
rendered to health care providers for medical and hospital services
exceed the then current rate schedule
in use by the Bureau of
Employment Programs, Workers' Compensation Division approved by the
West Virginia Insurance Commissioner.
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