Introduced Version House Bill 403 History

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H. B. 403

(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
[Introduced September 7, 2005]

A BILL to amend and reenact §15-2A-12 of the Code of West Virginia, 1931, as amended, relating to benefits to dependents of a state trooper who dies in performance of duties.
Be it enacted by the Legislature of West Virginia:
That §15-2A-12 of the Code of West Virginia, 1931, as amended, be amended and reenacted, to read as follows:
§15-2A-12. Awards and benefits to dependents of member - When member dies in performance of duty, etc.; dependent child scholarship and amount.

The surviving spouse, the dependent child or children or dependent parent or parents of any member who has lost or shall lose his or her life by reason of injury, illness or disease resulting from an occupational risk or hazard inherent in or peculiar to the service required of members while the member was engaged in the performance of his or her duties as a member of the Department, or the survivor of a member who dies from any cause after having been retired pursuant to the provisions of section nine of this article, is entitled to receive and shall be paid from the Fund benefits as follows: To the surviving spouse annually, in equal monthly installments during his or her lifetime, one or the other of two amounts, which shall become immediately available and which shall be the greater of:
(1) An amount equal to seven nine tenths of the base salary received in the preceding twelve-month employment period by the deceased member: Provided, That if the member had not been employed with the Department for twelve months prior to his or her death, the amount of monthly salary shall be annualized for the purpose of determining the benefit; or
(2) The sum of six ten thousand dollars.
In addition thereto, the surviving spouse is entitled to receive and there shall be paid to the person one hundred fifty dollars monthly for each dependent child or children. If the surviving spouse dies or if there is no surviving spouse, there shall be paid monthly to each dependent child or children from the Fund a sum equal to one fourth third of the surviving spouse's entitlement. If there is no surviving spouse and no dependent child or children, there shall be paid annually in equal monthly installments from the Fund to the dependent parents of the deceased member during their joint lifetimes a sum equal to the amount which a surviving spouse, without children, would have received: Provided, That when there is but one dependent parent surviving, that parent is entitled to receive during his or her lifetime one half the amount which both parents, if living, would have been entitled to receive.
Any person qualifying as a surviving dependent child under this section, in addition to any other benefits due under this or other sections of this article, is entitled to receive a scholarship to be applied to the career development education of that person. This sum, up to but not exceeding seven thousand five hundred dollars, shall be paid from the Fund to any university or college in this state or to any trade or vocational school or other entity in this state approved by the Board, to offset the expenses of tuition, room and board, books, fees or other costs incurred in a course of study at any of these institutions so long as the recipient makes application to the Board on an approved form and under rules provided by the Board, and maintains scholastic eligibility as defined by the institution or the Board. The Board may by appropriate rules define age requirements, physical and mental requirements, scholastic eligibility, disbursement methods, institutional qualifications and other requirements as necessary and not inconsistent with this section.
Awards and benefits for a surviving spouse or dependents of a member received under any section or any of the provisions of this retirement system are in lieu of receipt of any benefits for these persons under the provisions of any other state retirement system. Receipt of benefits under any other state retirement system is in lieu of any right to receive any benefits under this retirement system, so that only a single receipt of state retirement benefits occurs.

NOTE: The purpose of this bill is to provide for a technical correction related to benefits of spouses and children of state troopers who die in the line of duty. In 2003, the Legislature modified these benefits but House Bill 2984, enacted during the 2005 Regular Session, inadvertently repealed those changes. This bill would reinstate the 2003 benefit changes.

Strike-throughs indicate language that would be stricken from the present law and underscoring indicates new language that would be added.
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