COMMITTEE SUBSTITUTE

FOR

H. B. 2635

(By Delegates Hubbard and Jenkins)

(Originating in the Committee on Pensions and Retirement)

[April 2, 1997]




A BILL to amend and reenact sections one and three, article seven- a, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact sections one, two, three and five, article seven-b, chapter eighteen of said code, relating to the state teachers retirement system; renaming the state teachers retirement system; providing that the new name for the state teachers retirement system shall be the "Education Employees Retirement System"; teachers' defined contribution system; renaming the teachers' defined contribution system; and providing that the teachers' defined contribution system shall be known as the "Education Employees Defined Contribution System".

Be it enacted by the Legislature of West Virginia:
That sections one and three, article seven-a, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that sections one, two, three and five, article seven-b, chapter eighteen of said code, all to read as follows:
ARTICLE 7A. STATE TEACHERS EDUCATION EMPLOYEES RETIREMENT SYSTEM.

§18-7A-1. Establishment of retirement system.

A retirement system to be known as the "state teachers retirement system" is hereby established for the purpose of providing retirement allowances for the teachers of West Virginia: Provided, That on and after the first day of July, one thousand nine hundred ninety-nine, the retirement system established herein shall be known as the "education employees retirement system."
§18-7A-3. Definitions.

"Teacher member" means the following persons, if regularly employed for full-time service: (a) Any person employed for instructional service in the public schools of West Virginia; (b) principals; (c) public school librarians; (d) superintendents of schools and assistant county superintendents of schools; (e) any county school attendance director holding a West Virginia teacher's certificate; (f) the executive secretary of the retirement board; (g) members of the research, extension, administrative or library staffs of the public schools; (h) the state superintendent of schools, heads and assistant heads of the divisions under his supervision, or any other employee thereunder performing services of an educational nature; (I) employees of the state board of education who are performing services of an educational nature; (j) any person employed in a nonteaching capacity by the state board of education, the West Virginia board of regents, any county board of education, the state department of education or the teachers retirement board, if such person was formerly employed as a teacher in the public schools; (k) all classroom teachers, principals and educational administrators in schools under the supervision of the department of corrections, the department of health or the department of human services; and (l) employees of the state board of school finance, if such person was formerly employed as a teacher in the public schools.
"Nonteaching member" means any person, except a teacher member, who is regularly employed for full-time service by (a) any county board of education, (b) the state board of education, (c) the West Virginia board of regents or (d) the teachers retirement board.
"Members of the administrative staff of the public schools" means deans of instruction, deans of men, deans of women, and financial and administrative secretaries.
"Members of the extension staff of the public schools" means every agricultural agent, boys' and girls' club agent, and every member of the agricultural extension staff whose work is not primarily stenographic, clerical or secretarial.
"Retirement system" means the state teachers retirement system provided for in this article.
"Present teacher" means any person who was a teacher within the thirty-five years beginning July one, one thousand nine hundred thirty-four, and whose membership in the retirement system is currently active.
"New entrant" means a teacher who is not a present teacher.
"Regularly employed for full-time service" means employment in a regular position or job throughout the employment term regardless of the number of hours worked or the method of pay.
"Employment term" means employment for at least ten months, a month being defined as twenty employment days.
"Present member" means a present teacher who is a member of the retirement system.
"Total service" means all service as a teacher while a member of the retirement system since last becoming a member and, in addition thereto, credit for prior service, if any.
"Prior service" means all service as a teacher completed prior to July first, one thousand nine hundred forty-one, and all service of a present member who was employed as a teacher, and did not contribute to a retirement account because he was legally ineligible for membership during such service.
"Average final salary" means the average of the five highest fiscal year salaries earned as a member within the last fifteen fiscal years of total service credit, including military service as provided herein, or if total service is less than fifteen years, the average annual salary for the period on which contributions were made.
"Accumulated contributions" means all deposits and all deductions from the earnable compensation of a contributor minus the total of all supplemental fees deducted from his compensation.
"Regular interest" means interest at three percent compounded annually, or a higher earnable rate if approved by the retirement board.
"Refund interest" means interest compounded annually at a rate of three percent.
"Employer" means the agency of and within the state which has employed or employs a member.
"Contributor" means a member of the retirement system who has an account in the teachers accumulation fund.
"Beneficiary" means the recipient of annuity payments made under the retirement system.
"Refund beneficiary" means the estate of a deceased contributor, or such person as he shall have nominated as beneficiary of his contributions by written designation duly executed and filed with the retirement board.
"Earnable compensation" means the full compensation actually received by members for service as teachers whether or not a part of such compensation is received from other funds, federal or otherwise, than those provided by the state or its subdivisions. Allowances from employers for maintenance of members shall be deemed a part of earnable compensation for such members whose allowances were approved by the teachers retirement board and contributions to the teachers retirement system were made, in accordance therewith, on or before the first day of July, one thousand nine hundred eighty.
"Annuities" means the annual retirement payments for life granted beneficiaries in accordance with this article.
"Member" means a member of the retirement system.
"Public schools" means all publicly supported schools, including normal schools, colleges and universities in this state.
"Deposit" means a voluntary payment to his account by a member.
The masculine gender shall be construed so as to include the feminine.
Age in excess of seventy years shall be deemed to be seventy years.

ARTICLE 7B. TEACHERS' EDUCATION EMPLOYEES DEFINED CONTRIBUTION RETIREMENT SYSTEM.

§18-7B-1. Short title.

This article shall be known and may be cited as the "Teacher's Retirement Reform Act". On and after the first day of July, one thousand nine hundred ninety-seven, this article shall be known and may be cited as the "Education Employees Defined Contribution Retirement System."
§18-7B-2. Definitions.

As used in this article, unless the context clearly requires a different meaning:
(1) "Defined contribution system" or "system" means the teachers' defined contribution retirement system created and established by this article;
(2) "Existing retirement system" means the state teachers retirement system established in article seven-a of this chapter;
(3) "Existing employer" means any employer who employed or employs a member of the existing retirement system;
(4) "Consolidated board" or "board" means the consolidated public retirement board created and established pursuant to article ten-d, chapter five of this code;
(5) "Member" or "employee" means the following persons, if regularly employed for full-time service: (a) Any person employed for instructional service in the public schools of West Virginia; (b) principals; (c) public school librarians; (d) superintendents of schools and assistant county superintendents of schools; (e) any county school attendance director holding a West Virginia teacher's certificate; (f) the executive secretary of the retirement board; (g) members of the research, extension, administrative or library staffs of the public schools; (h) the state superintendent of schools, heads and assistant heads of the divisions under his supervision, or any other employee thereunder performing services of an educational nature; (I) employees of the state board of education who are performing services of an educational nature; (j) any person employed in a non-teaching capacity by the state board of education, any county board of education, the state department of education or the teachers retirement board, if such person was formerly employed as a teacher in the public schools; (k) all classroom teachers, principals and educational administrators in schools under the supervision of the department of corrections, the department of health or the department of human services; (l) any person who is regularly employed for full-time service by any county board of education, the state board of education or the teachers retirement board; and (m) the administrative staff of the public schools including deans of instruction, deans of men and deans of women, and financial and administrative secretaries;
(6) "Regularly employed for full-time service" means employment in a regular position or job throughout the employment term regardless of the number of hours worked or the method of pay;
(7) "Year of employment service" means employment for at least ten months, a month being defined as twenty employment days: Provided,
That no more than one year of service may be accumulated in any twelve-month period;
(8) "Employer" means the agency of and within the state which has employed or employs a member;
(9) "Compensation" means the full compensation actually received by members for service whether or not a part of such compensation is received from other funds, federal or otherwise, than those provided by the state or its subdivisions;
(10) "Public schools" means all publicly supported schools, including normal schools, colleges and universities in this state;
(11) "Member contribution" means an amount reduced from the employee's regular pay periods, and deposited into the member's individual annuity account within the defined contribution retirement system;
(12) "Employer contribution" means an amount deposited into the member's individual annuity account on a periodic basis coinciding with the employee's regular pay period by an employer from its own funds;
(13) "Annuity account" or "annuity" means an account established for each member to record the deposit of member contributions and employer contributions and interest, dividends or other accumulations credited on behalf of the member;
(14) "Retirement" means a member's withdrawal from the active employment of a participating employer and completion of all conditions precedent to retirement;
(15) "Permanent, total disability" means a mental or physical incapacity requiring the absence from employment service for at least six months: Provided,
That such incapacity is shown by an examination by a physician or physicians selected by the board.
§18-7B-3. Defined contribution retirement system created and established; body corporate.

The teachers' education employees defined contribution retirement system is hereby created and established to provide for the secure, fair and orderly retirement of the teachers and related personnel of the state. The defined contribution retirement system shall constitute a body corporate and all business of the system shall be transacted in the name of the teachers' defined contribution retirement system.
§18-7B-5. Administration of the teachers' education employees defined contribution retirement system.

The consolidated public retirement board created pursuant to article ten-d, chapter five of this code shall administer the teachers' defined contribution retirement system established by this article. The board may sue and be sued, contract and be contracted with and conduct all the business of the defined contribution system in the name of the teachers' defined contribution retirement system: Provided, That on and after the first day of July, one thousand nine hundred ninety-seven, the name shall be the education employees defined contribution system.