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Committee Substitute House Bill 4471 History

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COM SUB 1 LINE
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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