COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 219
(By Senators Bailey, Mitchell, Hunter and Dawson)
____________
[Originating in the Committee on the Judiciary;
reported February 3, 2000.]
____________
A BILL to amend article twenty-two, chapter eight of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
twenty-eight-a, relating to providing procedural due process
for professional police officers and firefighters applying for
pension and disability benefits; application for benefits;
requiring notice; providing for hearing; requiring final order
and notice; allowing appeal; and providing administrative
procedures in contested cases.
Be it enacted by the Legislature of West Virginia:
That section article twenty-two, chapter eight of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section twenty-
eight-a, 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.
§8-22-28a. Procedural due process; application for benefits;
notice; hearing; final order; appeal; administrative
procedures in contested cases.
(a) Upon receipt of an application for any benefit under the
provisions of section twenty-three-a, twenty-four, twenty-five,
twenty-six, twenty-six-a, or twenty-seven, of this article, the
board of trustees of the fund shall provide the applicant with a
written notice that the applicant has the following procedural due
process rights:
(1) To retain counsel at the applicant's cost;
(2) To take the deposition of any physicians appointed by the
board of trustees of the fund to examine the applicant;
(3) To appear before the board of trustees and present
evidence and testimony; and
(4) If denied benefits, to have the board of trustees of the
fund give a written statement outlining its reasons for denying
benefits.
(b) Upon receipt of the report of the physicians to whom the
applicant has been referred for examination, the board of trustees of a fund must give an applicant written notice of:
(1) A copy of the report of the physicians who have examined
the applicant and any proposed grant or denial of benefits;
(2) Notice of the date, time and place of the meeting of the
board of trustees of the fund at which the application, the reports
of any physicians who have examined the applicant, and any
additional evidence will be received and considered;
(3) The procedural due process rights of the applicant: (A) To
retain counsel at the applicant's cost; (B) To take the deposition
of any physicians appointed by the board of trustees of the fund to
examine the applicant; (C) To appear before the board of trustees
and present evidence and testimony; and (D) If denied benefits, to
have the board of trustees of the fund give a written statement
outlining its reasons for denying benefits.
(c) After hearing, the board of trustees of the fund shall
send the applicant a final order of its findings, and in the event
that an applicant is denied any benefits,
the final order shall
contain a written statement outlining its reasons for denying
benefits.
(d) The provisions of article five of chapter twenty-nine-a of
this code, the state administrative procedures act, apply to all
proceedings, judicial review and appeals in contested cases.
NOTE: The purpose of this bill is to provide a right of appeal to professional police officers and firefighters who have had a
request for pension or disability benefits denied.
This section is new, therefore red-lining and strike-throughs
have been omitted.