COMMITTEE SUBSTITUTE
FOR
H. B. 2018
(By Mr. Speaker, Mr. Kiss)
(Originating in the Committee on Finance)
[April 3, 1997]
A BILL to amend and reenact section twenty-five, article ten,
chapter five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the West Virginia
public employees retirement act; retirement annuities for
persons who retired on disability retirement; and providing
that the retirement annuity of a person who retired on
disability may not be reduced to less than forty percent of
the pension disability retirement pension benefit where the
disability retiree attains the age of sixty-five years.
Be it enacted by the Legislature of West Virginia:
That section twenty-five, article ten, chapter five of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 10. WEST VIRGINIA PUBLIC EMPLOYEES RETIREMENT ACT.
§5-10-25. Disability retirement.
(a) Upon the application of a member or former member of the
retirement system, or his or her present or past employing
authority, any member or former member who is in the employ of a
participating public employer or was in the employ of a
participating public employer on a date which is twelve months or
less from the date upon which the former member became
incapacitated, who has ten or more years of credited service of
which three years is contributing service, and who becomes totally
and permanently incapacitated for employment, by reason of a
personal injury or disease, may be retired by the board if after a
medical examination of the said member or former member made by or
under the direction of a medical committee consisting of two
physicians, one of whom shall be named by the board, and one by the
said member or former member, the said medical committee reports,
in writing, to the board that the said member or former member is
physically or mentally totally incapacitated for employment, that
such incapacity will probably be permanent, and that the said
member or former member should be retired. In the event the two
above-mentioned examining physicians do not agree in their
findings, then the board may, at its discretion, appoint a third
physician to examine said member or former member and, based upon
the third physician's report in writing, the board may retire said
member or former member. A former member who has not been employed
by a participating public employer may receive disability
retirement under the provisions of this subsection if, in the opinion of the medical committee, the incapacity occurred during
the time that the former member was employed by a participating
public employer and the incapacity otherwise qualifies the former
member for retirement under this subsection.
(b) A member with less than ten years of credited service
shall have the service requirement provided for in subsection (a)
above (including the requirement of three years contributing
service) waived in the event (1) the board finds his or her total
and permanent disability to be the natural and proximate result of
a personal injury or disease arising out of and in the course of
his or her actual performance of duty in the employ of a
participating public employer, and (2) he or she is receiving or
has received workers' compensation benefits on account of such
physical or mental disability.
(c) For any member or former member retiring and any member
retired, as of March one, one thousand nine hundred seventy, he or
she shall receive a straight life annuity computed according to
section twenty-two hereof and he or she shall have the right to
elect an option provided for in section twenty-four hereof:
Provided, That his or her straight life annuity payable to his or
her attainment of age sixty-five years may not be less than fifty
percent of his or her final average salary: and his or her said
straight life annuity payable from and after his or her attainment
of age sixty-five years may not be less than twenty forty percent of his or her final average salary: Provided, however, That his or
her
s
aid annuity shall be subject to section twenty-six hereof.