Introduced Version House Bill 2320 History

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H. B. 2320

(By Delegates Browning and Staton)
[Introduced February 14, 2005; referred to the
Committee on Pensions and Retirement then Finance.]

A BILL to amend and reenact §18-7A-13a of the code of West Virginia, 1931, as amended, relating to the state teachers retirement system; providing that retired members may accept contract employment for up to one hundred forty days with a county board of education and still receive their retirement benefits.

Be it enacted by the Legislature of West Virginia:
That §18-7A-13a of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

§18-7A-13a. Resumption of service by retired teachers.

For the purpose purposes of this section, reemployment of a former or retired teacher as a teacher shall in no way impair such that teacher's eligibility for a prior service pension, or any other benefit provided by this article.
Retired teachers, who qualified for an annuity because of age or service, may not receive prior service allowance from the retirement board when employed reemployed as a teacher and when regularly employed by the state of West Virginia or nonteaching member for more than one hundred forty days in a school year. The payment of such the allowance shall be discontinued on the first day of the month within which such employment the reemployment begins, and shall be resumed on the first day of the month succeeding the month within which such employment the reemployment ceases. The annuity paid any such teacher on first retirement resulting from the teachers' accumulation fund and the employers' accumulation fund shall continue throughout the governmental service teachers' reemployment and thereafter according to the option selected by the teacher upon his or her first retirement. Any retired teacher, other than a college teacher, who accepts contract employment with an employer member of the retirement system created by this article for no more than one hundred forty days in a school year, and who is not considered to be a permanent or regular employee, shall continue to receive his or her normal monthly benefit during the period of contract employment.
Retired teachers, who qualified for an annuity because of disability, shall not receive no any 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 such a finding is made. If such a 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 not be impaired because of his or her disability retirement. His or her accumulated contributions and interest 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, notwithstanding anything to the contrary in this article. notwithstanding.
Notwithstanding any provision of this code to the contrary, a person who retires under the system provided created by this article may subsequently become employed on either a full-time, 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 two thousand two and the thirty-first day of December, two thousand two: Provided, That such person shall not be eligible to participate in any other state retirement system provided by this code.
The retirement board is herewith authorized to require of the retired teachers and their employers such any reports as it deems considers necessary to effectuate the provisions of this section.

NOTE: The purpose of this bill is to allow a retired member of the Teachers Retirement System to be reemployed on a contract basis for up to 140 days per year.

Strike-throughs indicate language that would be removed from current law; and underscoring indicates new language which would be added.
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