Introduced Version
House Bill 2203 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2203
(By Delegates Boggs, Caputo, Manchin, Perdue,
Pino, Sumner and Williams)
[Introduced February 13, 2013; referred to the
Committee on Pension and Retirement then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §5-10-22l; and to
amend said code by adding thereto a new section, designated
§18-7A-26w, all relating to providing a one-time supplement to
retired public employees and teachers seventy years of age or
older equal to three percent of their retirement benefits;
setting forth conditions; and providing for exceptions.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §5-10-22l; and to amend
said code by adding thereto a new section, designated §18-7A-26w,
all to read as follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD
OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS,
OFFICES, PROGRAMS, ETC.
ARTICLE 10. WEST VIRGINIA PUBLIC EMPLOYEES RETIREMENT ACT.
§5-10-22l. One-time supplement for certain annuitants effective
__________July 1, 2013.
__________(a) A one-time supplement to retirement benefits of three
percent shall be provided to all retirees that are age seventy or
older and have been annuitants for at least five consecutive years
as of July 1, 2013, and beneficiaries of deceased members who would
have been at least seventy years of age or older and have been
annuitants for at least five consecutive years as of July 1, 2013.
__________(b) The one-time supplement provided in this section applies
only to members who have retired at least five years prior to July
1, 2013, or, if applicable, to beneficiaries of deceased members
who have been receiving benefits under the retirement system at
least five years prior to July 1, 2013. The supplement provided by
this section is subject to any applicable limitations under Section
415 of the Internal Revenue Code of 1986, as amended.
__________(c) The supplement provided by this section is not available
to those retirees who received the one-time three percent to four
and one-half percent supplement pursuant to section twenty-two-I of
this article.
CHAPTER 18. EDUCATION.
ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.
§18-7A-26w. One-time supplement for certain annuitants effective July 1, 2013.
__________(a) A one-time supplement to retirement benefits of three
percent shall be provided to all retirees that are age seventy or
older and have been annuitants for at least five consecutive years
as of July 1, 2013, and beneficiaries of deceased members who would
have been at least seventy years of age or older and have been
annuitants for at least five consecutive years as of July 1, 2013.
__________(b) The one-time supplement provided in this section applies
only to members who have retired at least five years prior to July
1, 2013, or, if applicable, to beneficiaries of deceased members
who have been receiving benefits under the retirement system at
least five years prior to July 1, 2013. The supplement provided by
this section is subject to any applicable limitations under Section
415 of the Internal Revenue Code of 1986, as amended.
__________(c) The supplement provided by this section is not available
to those retirees who received the one-time three percent
supplement pursuant to section twenty-six-t of this article.
NOTE: The purpose of this bill is to provide a one-time
supplement to retired teachers and public employees seventy years
of age or older equal to three percent of their retirement
benefits. The bill sets forth conditions to receive the
supplement. The bill also provides that those retired public
employees and teachers who received a similar one-time supplement
in 2006 are not eligible to receive this supplement.
These sections are new; therefore they have been completely
underscored.