§5-10-22f. Minimum benefit for certain retirants; legislative
declaration; state interest and public purpose.
The Legislature hereby finds and declares that an important
state interest exists in providing a minimum retirement annuity for
certain retirants (or their beneficiaries) who are credited with
twenty or more years of credited service; that such program
constitutes a public purpose; and that the exclusions of credited
service while an elected public official or while a temporary
legislative employee are reasonable and equitable exclusions for
purposes of determining eligibility for such minimum benefits. For
purposes of this section:
(1) "Elected public official" means any member of the
Legislature or any member of the legislative body of any political
subdivision; and
(2) "Temporary legislative employee" means any employee of the
Clerk of the House of Delegates, the Clerk of the Senate, the
Legislature or a committee thereof whose employment is classified
as temporary and who is employed to perform services required by
the Clerk of the House of Delegates, the Clerk of the Senate, the
Legislature or a committee thereof, as the case may be, for regular
sessions, extraordinary sessions and/or interim meetings of the
Legislature.
If the retirement annuity of a retirant (or, if applicable,
his or her beneficiary) with at least twenty years of credited
service as of the effective date of this section is less than $500 per month (including any supplemental benefits or incentives
provided by this article), then the monthly retirement benefit for
any such retired member (or if applicable, his or her beneficiary)
shall be increased to $500 per month: Provided, That any year of
credited service while an elected public official or a temporary
legislative employee shall not be taken into account for purposes
of this section.
The payment of any minimum benefit under this section shall be
in lieu of, and not in addition to, the payments of any retirement
benefit or supplemental benefit or incentives otherwise provided by
law: Provided, That the minimum benefit provided herein shall be
subject to any limitations thereon under Section 415 of the
Internal Revenue Code of 1986, as amended, and section
twenty-seven-a of this article.
Any minimum benefit conferred herein shall not be retroactive
to the time of retirement and shall apply only to members who have
retired prior to the effective date of this section, or, if
applicable, to beneficiaries receiving benefits under the
retirement system prior to the effective date.