H. B. 2666
(By Delegate Hunt)
[Introduced February 5, 1999; referred to the
Committee on Pensions and Retirement then Finance.]
A BILL to amend and reenact sections twenty-five and twenty-six,
article twenty-two, chapter eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
all relating to increasing the minimum policemen or
firemen's monthly pension to one thousand dollars, and
increasing the minimum monthly benefit of the surviving
spouse of a deceased policeman or fireman to five hundred
dollars.
Be it enacted by the Legislature of West Virginia:
That sections twenty-five and twenty-six, article
twenty-two, chapter eight of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended and
reenacted to read as follows:
ARTICLE 22. RETIREMENT BENEFITS GENERALLY; POLICEMEN'S PENSION
AND RELIEF FUND; FIREMEN'S PENSION AND RELIEF FUND; PENSION PLANS FOR EMPLOYEES OF WATERWORKS SYSTEM, SEWERAGE SYSTEM OR COMBINED WATERWORKS AND
SEWERAGE SYSTEM.
§8-22-25. Retirement pensions.
(a) Any member of a paid police or fire department who is
entitled to a retirement pension hereunder, and who has been in
the honorable service of such department for twenty years, may,
upon written application to the board of trustees, be retired
from all service in such department without medical examination
or disability. On such retirement the board of trustees shall
authorize the payment of annual retirement pension benefits
commencing upon his or her retirement or upon his or her
attaining the age of fifty years, whichever is later, payable in
twelve monthly installments for each year of the remainder of his
or her life, in an amount equal to sixty percent of such member's
average annual salary or compensation received during the three
twelve-consecutive-month periods of employment with such
department in which such member received his or her highest
salary or compensation while a member of the department, or an
amount of five hundred one thousand dollars per month, whichever is greater.
(b) Any member of any such department who is entitled to a
retirement pension under the provisions of subsection (a) of
this section and who has been in the honorable service of such
department for more than twenty years at the time of his or her
retirement shall receive, in addition to the sixty percent
authorized in said subsection (a):
(1) Two additional percent, to be added to the sixty percent
for each of the first five additional years of service completed
at the time of retirement in excess of twenty years of service up
to a maximum of seventy percent; and
(2) One additional percent, to be added to such maximum of
seventy percent, for each of the first five additional years of
service completed at the time of retirement in excess of
twenty-five years of service up to a maximum of seventy-five
percent.
The total additional credit provided for in this subsection
may not exceed fifteen additional percent.
(c) Any member of any such department whose service has been
interrupted by duty with the armed forces of the United States as
provided in section twenty-seven of this article prior to the first day of July, one thousand nine hundred eighty-one, shall be
eligible for retirement pension benefits immediately upon
retirement, regardless of his or her age, if he or she shall
otherwise be eligible for such retirement pension benefits.
Any member or previously retired member of any such
department who has served in active duty with the armed forces of
the United States as described in section twenty-seven of this
article, whether prior to or subsequent to becoming a member of
a paid police or fire department covered by the provisions of
this article, shall receive, in addition to the sixty percent
authorized in subsection (a) of this section and the additional
percent credit authorized in subsection (b) of this section, one
additional percent for each year so served in active military
duty, up to a maximum of four additional percent. In no event,
however, may the total benefit granted to any member exceed
seventy-five percent of the member's annual average salary
calculated in accordance with subsection (a) of this section.
(d) Any member of a paid police or fire department shall be
retired at the age of sixty-five years in the manner provided in
this subsection. When a member of the paid police or fire
department reaches the age of sixty-five years, the said board of trustees shall notify the mayor of this fact, within thirty days
of such member's sixty-fifth birthday. The mayor shall cause
such sixty-five-year-old member of the paid police or fire
department to retire within a period of not more than thirty
additional days. Upon retirement under the provisions of this
subsection, such member shall receive retirement pension benefits
payable in twelve monthly installments for each year of the
remainder of his or her life in an amount equal to sixty percent
of such member's average annual salary or compensation received
during the three twelve-consecutive-month periods of employment
with such department in which such member received his or her
highest salary or compensation while a member of the department,
or an amount of five hundred dollars per month, whichever is
greater. If such member has been employed in said department for
more than twenty years, the provisions of subsection (b) of this
section shall apply.
(e) It shall be the duty of each member of a paid police or
fire department at the time a fund is hereafter established to
furnish the necessary proof of his or her date of birth to the
said board of trustees, as specified in section twenty-three of
this article, within a reasonable length of time, said length of time to be determined by the said board of trustees. Then the
board of trustees and the mayor shall proceed to act in the
manner provided in subsection (d) of this section and shall cause
all members of the paid police or fire department who are over
the age of sixty-five years to retire in not less than sixty days
from the date the fund is established. Upon retirement under the
provisions of this subsection (e), such member, whether he or she
has been employed in said department for twenty years or not,
shall receive retirement pension benefits payable in twelve
monthly installments for each year of the remainder of his or her
life in an amount equal to sixty percent of such member's average
annual salary or compensation received during the three
twelve-consecutive-month periods of employment with such
department in which such member received his or her highest
salary or compensation while a member of the department, or an
amount of five hundred dollars per month, whichever is greater.
If such member has been employed in said department for more than
twenty years, the provisions of subsection (b) of this section
shall apply.
§8-22-26. Death benefits.
(a) In case:
(1) Any member of a paid police or fire department who has
been in continuous service for more than five years dies from any
cause other than as specified in subsection (b) of this section
before retirement on a disability pension under the provisions
of, prior to the first day of July, one thousand nine hundred
eighty-one, section twenty-four of this article, or after the
thirtieth day of June, one thousand nine hundred eighty-one,
sections twenty-three-a and twenty-four of this article or a
retirement pension under the provisions of subsection (a) or both
subsections (a) and (b), section twenty-five of this article,
leaving in either case surviving a spouse, or any dependent child
or children under the age of eighteen years, or dependent father
or mother or both, or any dependent brothers or sisters or both
under the age of eighteen years, or any dependent child over the
age of eighteen years of age who is totally physically or
mentally disabled so long as such condition exists; or
(2) Any former member of any such department who is on a
disability pension prior to the first day of July, one thousand
nine hundred eighty-one, under section twenty-four of this
article, or after the thirtieth day of June, one thousand nine
hundred eighty-one, under sections twenty-three-a and twenty-four of this article, or is receiving or is entitled to receive
retirement pension benefits under the provisions of subsection
(a) or both subsections (a) and (b), section twenty-five of this
article, dies from any cause other than as specified in
subsection (b) of this section leaving in either case surviving
a spouse or any dependent child or children under the age of
eighteen years or dependent father or mother or both, or any
dependent brothers or sisters or both under the age of eighteen
years, or any dependent child over the age of eighteen years of
age who is totally physically or mentally disabled so long as
such condition exists; then in any of the cases set forth above
in (1) and (2) the board of trustees of such pension and relief
fund shall, immediately following the death of such member, pay
to or for each of such entitled surviving dependents the
following pension benefits: To such spouse, until death or
remarriage, a sum per month equal to sixty percent of such
member's pension or, in the event such member was not receiving
a pension at the time of his or her death, a sum per month equal
to sixty percent of the monthly retirement pension such member
would have been entitled to receive pursuant to section
twenty-five of this article on the date of his or her death if such member had then been eligible for a retirement pension
thereunder, or the sum of three five hundred dollars per month,
whichever is greater; to each such dependent child, a sum per
month equal to twenty percent of such member's pension or, in the
event such member was not receiving a pension on the date of his
or her death, a sum per month equal to twenty percent of the
monthly retirement pension such member would have been entitled
to receive pursuant to section twenty-five of this article on the
date of his or her death if such member had then been eligible
for a retirement pension thereunder, or until such child attains
the age of eighteen years or marries, whichever first occurs; to
each such dependent orphaned child, a sum per month equal to
twenty-five percent of such member's pension or, in the event
such member was not receiving a pension at the time of his or her
death, a sum per month equal to twenty-five percent of the
monthly retirement pension such member would have been entitled
to receive pursuant to section twenty-five of this article on the
date of his or her death if such member had then been eligible
for a retirement pension thereunder, until such child attains the
age of eighteen years or marries, whichever first occurs; to each
such dependent orphaned child, a sum per month equal to twenty-five percent of such member's pension or, in the event
such member was not receiving a pension on the date of his or her
death, a sum per month equal to twenty-five percent of the
monthly retirement pension such member would have been entitled
to receive pursuant to section twenty-five of this article on the
date of his or her death if such member had then been eligible
for a retirement pension thereunder, until such child attains the
age of eighteen years or marries, whichever first occurs; to each
such dependent father or mother, a sum per month for each equal
to ten percent of such member's pension or, in the event such
member was not receiving a pension on the date of his or her
death, a sum per month equal to ten percent of the monthly
retirement pension such member would have been entitled to
receive pursuant to section twenty-five of this article on the
date of his or her death if such member had then been eligible
for a retirement pension thereunder; to each such dependent
brother or sister, the sum of fifty dollars per month until such
individual attains the age of eighteen years or marries,
whichever first occurs, but in no event shall the aggregate
amount paid to such brothers and sisters exceed one hundred
dollars per month. If at any time, because of the number of dependents, all such dependents cannot be paid in full as herein
provided, then each dependent shall receive his or her pro rata
share of such payments. In no case shall the payments to the
surviving spouse and children be cut below sixty-five percent of
the total amount paid to all dependents.
(b) The surviving spouse, child or children, or dependent
father or mother, or dependent brothers or sisters, of any such
member who dies by reason of service rendered in the performance
of such member's duties shall, regardless of the length of such
member's service and irrespective of whether such member was or
was not entitled to receive, or was or was not receiving,
disability pension or temporary disability payments at the time
of his or her death, receive the death benefits provided for in
subsection (a) of this section. If such member had less than
three years' service at the time of his or her death, the
member's pension shall be computed on the basis of the actual
number of years of service.
(c) If a member dies without leaving a spouse, dependent
child or children, or dependent father or mother, or dependent
brothers or sisters, his or her contributions to the fund plus
six percent interest shall be refunded to his or her named beneficiary or, if no beneficiary has been named, to his or her
estate to the extent that such contributions plus interest exceed
any disability or retirement benefits that he or she may have
received before his or her death.
(d) The provisions of this section shall not be construed as
creating or establishing any contractual or vested rights in
favor of any individual who may be or become qualified as a
beneficiary of the death benefits herein authorized to be made,
all the provisions hereof and benefits provided for hereunder
being expressly subject to such subsequent legislative enactments
as may provide for any change, modification or elimination of the
beneficiaries or benefits specified herein.
(e) Notwithstanding the provisions of section twenty-four of
this article the benefit provided for in this section shall be
calculated as if the member had remained unemployed throughout
any period of disability.
NOTE: The purpose of this bill is to raise the policemen and
firemen's minimum monthly retirement to $1,000 and the surviving
spouse's monthly death benefit to $500.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that
would be added.