WEST virginia legislature
2019 regular session
Introduced
House Bill 2229
By Delegate Shott
[Introduced January 10, 2019; Referred
to the Committee on Pensions and Retirement then the Judiciary.]
A BILL to amend and reenact §5-10A-2 of the Code of West Virginia, 1931, as amended, relating to adding violations of law upon which a public servant’s retirement plan may be forfeited; changing the definition of less than honorable service; removing the exception of a misdemeanor from the definition of less than honorable service relating to impeachment and conviction of a participant or former participant under the Constitution; removing the exception for certain lesser included crimes to constitute less than honorable service; and adding additional violations of law which constitute less than honorable service.
Be it enacted by the Legislature of West Virginia:
ARTICLE 10A. DISQUALIFICATION FOR PUBLIC RETIREMENT PLAN BENEFITS.
§5-10A-2. Definitions.
As used in this article:
(a) “Retirement plan” or “plan” means the Public
Employees Retirement Act pursuant to §5-10-1 et seq. of this code;
each municipal employees retirement plan pursuant to §8-22-1 et seq. of
this code; each policemen’s and firemen’s pension and relief fund pursuant to §8-22-1
et seq. of this code; the West Virginia Municipal Police Officers and
Firefighters Retirement System pursuant to §8-22A-1 et seq. of this
code; the West Virginia State Police Death, Disability, and Retirement Fund
pursuant to §15-2-1 et seq. of this code; the West Virginia State Police
Retirement System pursuant to §15-2A-1 et seq. of this code; the state
Teachers Retirement System pursuant to §18-7A-1 et seq. of this code;
the Teachers Defined Contribution Retirement System pursuant to §18-7B-1 et
seq. of this code; the Deputy Sheriff Retirement System pursuant to §7-14D-1
et seq. of this code; the higher education retirement plan and
supplemental retirement plans pursuant to §18-23-4a of this code; the Judges
Retirement System pursuant to §51-9-1 et seq. of this code; the West
Virginia Emergency Medical Services Retirement System pursuant to §16-5V-1 et
seq. of this code; and any other plan established pursuant to this code for
the payment of pension, annuity, disability, or other benefits to any person by
reason of his or her service as an officer or employee of this state or of any
political subdivision, agency, or instrumentality thereof, whenever the plan is
supported, in whole or in part, by public funds.
(b) “Beneficiary” means any person eligible for or
receiving benefits on account of the service for a public employer by a
participant or former participant in a retirement plan.
(c) “Benefits” means pension, annuity, disability,
or any other benefits granted pursuant to a retirement plan.
(d) “Conviction” means a conviction on or after the
effective date of this article in any federal or state court of record whether
following a plea of guilty, not guilty, or nolo contendere and whether or not
the person convicted was serving as an officer or employee of a public employer
at the time of the conviction.
(e) “Former participant” means any person who is no
longer eligible to receive any benefit under a retirement plan because full
distribution has occurred.
(f) “Less than honorable service” means:
(1) Impeachment and conviction of a participant or former
participant under the provisions of section nine, article four of the
Constitution of West Virginia; except for a misdemeanor
(2) Conviction of a participant or former participant of a
felony for conduct related to his or her office or employment which he or she
committed while holding the office or during the employment; or
(3) Conduct of a participant or former participant which
constitutes all of the elements of a crime described in either subdivision (1)
or (2) of this subsection definition but for which the
participant or former participant was not convicted because: (i) Having been
indicted or having been charged in an information for the crime, he or she made
a plea bargaining agreement pursuant to which he or she pleaded guilty to or
nolo contendere to a lesser crime; Provided, That the lesser
crime is a felony containing all the elements described in subdivision (1) or
(2) of this subsection or (ii) having been indicted or having been charged
in an information for the crime, he or she was granted immunity from
prosecution for the crime; or
(4) Conviction of a participant or former participant for the misdemeanor offenses provided in the following sections of this code related to his or her office or employment which he or she committed while holding the office or during the employment:
(A) §61-3-13, §61-3-14, and §61-3-20 of this code;
(B) §61-5-1, §61-5-2, §61-5-3, §61-5-6, §61-5-21, §61-5-22, §61-5-23, and §61-5-24 of this code; and
(C) §61-5A-4, §61-5A-5, §61-5A-6, and §61-5A-7 of this code.
(g) “Participant” means any person eligible for or
receiving any benefit under a retirement plan on account of his or her service
as an officer or employee for a public employer.
(h) “Public employer” means the State of West
Virginia and any political subdivision, agency, or instrumentality thereof for
which there is established a retirement plan.
(i) “Supervisory board” or “board” means the
Consolidated Public Retirement Board; the Board of Trustees of any municipal
retirement fund; the Board of Trustees of any policemen’s or firemen’s
retirement plan; the governing board of any supplemental retirement plan
instituted pursuant to authority granted by the previous provisions of §18-23-4a
of this code; and any other board, commission, or public body having the duty
to supervise and operate any retirement plan.
NOTE: The purpose of this bill is to add additional violations of law and remove exceptions for certain lesser included crimes, that could cause the forfeiture of a participant’s retirement plan.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.