WEST virginia Legislature
2019 regular session
House Bill 2152
By Delegate Sponaugle
[Introduced January 9, 2019;
to the Committee on Pensions and Retirement then Education.]
A BILL to amend and reenact §18-7A-13a of the Code of West Virginia, 1931, as amended, relating to permitting teachers under the State Teachers Retirement System to teach college level courses without loss of retirement annuity or benefits.
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
in no way does not impair the teacher's eligibility for a prior service
pension or any other benefit provided by this article.
(b) Retired teachers 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. The payment of the allowance
shall be discontinued on the first day of the month within which such
employment begins and shall be resumed on the first day of the month succeeding
the month within which
such the employment ceases. The annuity
paid the teacher on first retirement resulting from the Teachers'
Accumulation Fund and the Employers' Accumulation Fund shall continue
throughout the governmental service and thereafter according to the option
selected by the teacher upon first retirement.
(c) Retired teachers who
qualified for an annuity because of disability
shall may not 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 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 may 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 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 under the system provided
by this article may subsequently become employed on either a full-time basis,
part-time basis or contract basis by any 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 is not be
eligible to participate in any other state retirement system provided by this
(e) The retirement board
herewith authorized to may require of the retired teachers and their
employers such reports as it deems considers
necessary to effectuate the provisions of this section.
NOTE: The purpose of this bill is to permit retired public school teachers to teach college level courses without loss of 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.