WEST virginia legislature
2019 regular session
Senate Bill 595
By Senators Blair, Boso, Cline, Sypolt, and Maroney
13, 2019; Referred
to the Committee on Education]
A BILL to amend and reenact §18-7A-13a of the Code of West Virginia, 1931, as amended, relating to allowing retired teachers to be subsequently employed by the Higher Education Policy Commission, Council for Community and Technical College Education, or state institutions of higher education without any loss of retirement annuity or retirement benefits under certain circumstances.
Be it enacted by the Legislature of West Virginia:
ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.
§18-7A-13a. Resumption of service by retired teachers.
(a) For the purpose of this
section, reemployment of a former or retired teacher as a teacher
no way does not impair the teacher's eligibility for a prior service
pension or any other benefit provided by this article.
Retirants who qualified for an annuity because
of age or service may not receive prior service allowance from the retirement
board when employed as a teacher and when regularly employed by the State of
West Virginia or nonteaching member. The payment of the prior service
allowance shall be discontinued on the first day of the month within which such
the employment begins and shall be resumed on the first day of the month
succeeding the month within which such the employment ceases. The
guaranteed annuity portion paid the teacher retirant
on first retirement resulting from the Teachers' Accumulation Fund and the
Employers' Accumulation Retirement System Fund shall continue
throughout the governmental resumption of service and thereafter
according to the option selected by the teacher retirant upon
Retirants who qualified for an annuity because of disability shall
may receive no further retirement payments if the retirement board finds
that the disability of the teacher no longer exists. Payment shall be
discontinued on the first day of the month within which the finding is made. If
the retired teacher retirant returns to service as a teacher, he
or she shall contribute to the Teachers' Accumulation Fund as a member of the
system. His or her prior service eligibility, if any, shall is not
be impaired because of his or her disability retirement. His or her
accumulated contributions which were transferred to the benefit fund upon his
or her retirement shall be returned to his or her individual account in the
Teachers' Accumulation Fund, minus retirement payments received which were not
supported by such the contributions and interest. Upon subsequent
retirement, he or she shall receive credit for all of his or her contributory
experience, anything to the contrary in this article notwithstanding.
(d) Notwithstanding any
provision of this code to the contrary, a person who retires prior to July
1, 2019, under the system provided by this article may subsequently become
employed on either a full-time,
basis part-time basis or contract
basis by the West Virginia Higher Education Policy Commission, West
Virginia Council for Community and Technical College Education, or any state
institution of higher education without any loss of retirement annuity or
retirement benefits if the person's retirement commences between the
effective date of the enactment of this section in 2002 and December 31, 2002:
Provided, That the person shall not be person has a break in service
of not less than six months following retirement before the subsequent
employment commences. Such person is not eligible to participate in any
other state retirement system provided by this code, except that system set
out in §18B-7-5 of this code.
(e) The retirement board
herewith authorized to may require of the retired teachers
retirant and their employers such reports as it deems any reports it
considers necessary to effectuate the provisions of this section.
NOTE: The purpose of this bill is to allow retired members of the Teachers Retirement System to be employed by the Higher Education Policy Commission, Council for Community and Technical College Education or state institutions of higher education without any loss of retirement annuity or retirement benefits.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.