H. B. 2803


(By Delegates Compton, Wallace and Rowe)

[Introduced February 24, 1995; referred to the

Committee on Pensions and Retirement.]





A BILL to amend and reenact section five, article ten-d, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend article ten-d of said chapter by adding thereto two new sections, designated sections six and seven, all relating to the consolidated public retirement board; periodical examination of disability beneficiaries; benefits upon resumption of gainful employment; disability beneficiary, restoration to service; and limitation of disability retirement.

Be it enacted by the Legislature of West Virginia:
That section five, article ten-d, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that article ten-d of said chapter be amended by adding thereto two new sections, designated sections six and seven, all to read as follows:
ARTICLE 10D. CONSOLIDATED PUBLIC RETIREMENT BOARD.
§5-10D-5. Periodical examination of disability beneficiaries;
benefits upon resumption of gainful employment.

(a) Once each year during the first five years following retirement of a member on a disability pension or retirement allowance, and at least once in every three year period thereafter the consolidated public retirement board may, require any disability beneficiary, who has not attained the age of sixty years, to undergo a medical examination; such examination to be made by or under the direction of the physician as appointed by the consolidated public retirement board. Should any disability beneficiary, who has not attained the age of sixty years, refuse to submit to a medical examination in any period, his or her disability pension or retirement allowance may be discontinued until his or her withdrawal of the refusal, and should the refusal continue for a year all his or her rights in and to his or her disability pension, or retirement allowance, may be revoked by the consolidated public retirement board. If upon a medical examination of a disability beneficiary, the physician reports and his or her report is concurred to by the consolidated public retirement board that the disability beneficiary is no longer totally incapacitated for duty as the result of the injury or illness for which the disability was granted, or that he or she is engaged in a gainful occupation, his or her disability pension or retirement allowance shall cease.
(b) If a disability beneficiary resumes a gainful occupation and his or her compensation is less than his or her compensation earnable at the date of disability, the consolidated public retirement board shall continue the disability benefits in an amount when added to his or her compensation that does not exceed his or her compensation earnable at the date of separation, but the disability benefit may in no event exceed the disability benefit originally awarded. The compensation earnable at the date of separation shall be adjusted each year by the ratio of the average consumer price index (for the West Virginia area) complied by the United States department of labor, bureau of labor statistics, for the calendar year prior to the adjustment to the average consumer price index for the calendar year in which separation occurred.
(c) As used in this part, "disability" and "incapacity for performance of duty" as a basis of disability retirement, mean disability of permanent or extended and uncertain duration, as determined by the consolidated public retirement board on the basis of competent medical opinion.
§5-10D-6. Disability beneficiary; restoration to service.
A disability beneficiary who has been or shall be reinstated to active service shall from the date of restoration again become a member of the retirement system; and shall contribute to the retirement system in the same manner as prior to the disability retirement. Any prior service and membership services, in the basis of which retirement allowances were computed at the time of retirement, shall be restored to full force and effect.
§5-10D-7. Limitation of disability retirement.
Any person drawing disability retirement from any other state shall not be deemed eligible for disability retirement in West Virginia.



NOTE: The purpose of this bill is to require periodic reexamination of disability retirees and to limit the amount of benefits payable if such retiree should resume gainful employment and to prohibit such a retiree from drawing benefits in West Virginia if he or she is drawing similar disability retirement benefits from another state.

§5-10D-5 has been rewritten and §§5-10D-6 and 7 are new; therefore, strike-throughs and underscoring have been omitted.