SB394 HFIN AM 4-10
The Committee on Finance moves to amend the bill on page one,
by striking out everything after the enacting clause, and inserting
in lieu thereof the following:
"That §5-10-27 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §7-14D-20 of said code be amended
and reenacted; that §8-22A-22 of said code be amended and
reenacted; that §15-2-33
of said code be amended and reenacted; and
that §15-2A-12 of said code be amended and reenacted, all to read
as follows:
ARTICLE 10. WEST VIRGINIA PUBLIC EMPLOYEES RETIREMENT ACT.
§5-10-27. Preretirement death annuities.
(a) (1) Except as otherwise provided in this section, in the
event any member who has ten or more years of credited service or
any former member with ten or more years of credited service and
who is entitled to a deferred annuity, pursuant to section twenty-
one of this article, may at any time prior to the effective date of
his or her retirement, by written declaration duly executed and
filed with the board of trustees, in the same manner as if he or
she were then retiring from the employ of a participating public
employer, elect option A provided in section twenty-four of this
article and nominate a beneficiary whom the board finds to have had
an insurable interest in the life of the member. Prior to the
effective date of his or her retirement, a member may revoke his or
her election of option A and nomination of beneficiary and he or
she may again prior to his or her retirement elect option A and nominate a beneficiary as provided in this subsection. Upon the
death of a member who has an option A election in force, his or her
beneficiary, if living, shall immediately receive an annuity
computed in the same manner in all respects as if the same member
had retired the day preceding the date of his or her death,
notwithstanding that he or she might not have attained age sixty
years, and elected the said option A. If at the time of his or her
retirement a member has an option A election in force, his or her
election of option A and nomination of beneficiary shall thereafter
continue in force. As an alternative to annuity option A, a member
or former member may elect to have the preretirement death benefit
paid as a return of accumulated contributions in a lump sum amount
to any beneficiary or beneficiaries he or she chooses.
(2) In the event any member or former member, who first became
a member of the Public Employees Retirement System after the
effective date of amendments made to this section during the 2006
regular legislative session and who has ten or more years of
credited service and who is entitled to a deferred annuity,
pursuant to section twenty-one of this article: Dies without
leaving a surviving spouse; but leaves surviving him or her a child
who is financially dependent on the member by virtue of a permanent
mental or physical disability upon evidence satisfactory to the
board; and has named the disabled child as sole beneficiary, the
disabled child shall immediately receive an annuity computed in the
same manner in all respects as if the member had: (A) Retired the
day preceding the date of his or her death, notwithstanding that he or she might not have attained age sixty or sixty-two years, as the
case may be; (B) elected option A provided in section twenty-four
of this article; and (C) nominated his or her disabled child as
beneficiary. A member or former member with ten or more years of
credited service, who does not leave surviving him or her a spouse
or a disabled child, may elect to have the preretirement death
benefit paid as a return of accumulated contributions in a lump sum
amount to any beneficiary or beneficiaries he or she chooses.
(b)(1) In the event any member who has ten or more years of
credited service, or any former member with ten or more years of
credited service and who is entitled to a deferred annuity,
pursuant to section twenty-one of this article: Dies; and leaves
a surviving spouse, the surviving spouse shall immediately receive
an annuity computed in the same manner in all respects as if the
member had: (A) Retired the day preceding the date of his or her
death, notwithstanding that he or she might not have attained age
sixty or sixty-two years, as the case may be; (B) elected option A
provided in section twenty-four of this article; and (C) nominated
his or her surviving spouse as beneficiary. However, the surviving
spouse shall have the right to waive the annuity provided in this
section: Provided, That he or she executes a valid and notarized
waiver on a form provided by the board and that the member or
former member attests to the waiver. If the waiver is presented to
and accepted by the board, the member or former member, may
nominate a beneficiary who has an insurable interest in the
member's or former member's life. As an alternative to annuity option A, the member or former member may elect to have the
preretirement death benefit paid as a return of accumulated
contributions in a lump sum amount to any beneficiary or
beneficiaries he or she chooses in the event a waiver, as provided
in this section, has been presented to and accepted by the board.
(2) Whenever any member or former member who first became a
member of the retirement system after the effective date of the
amendments to this section made during the 2006 regular legislative
session and who has ten or more years of credited service and who
is entitled to a deferred annuity, pursuant to section twenty-one
of this article: Dies; and leaves a surviving spouse, the
surviving spouse shall immediately receive an annuity computed in
the same manner in all respects as if the member had: (A) Retired
the day preceding the date of his or her death, notwithstanding
that he or she might not have attained age sixty or sixty-two
years, as the case may be; (B) elected option A provided in section
twenty-four of this article; and (C) nominated his or her surviving
spouse as beneficiary. However, the surviving spouse shall have
the right to waive the annuity provided in this section: Provided,
That he or she executes a valid and notarized waiver on a form
provided by the board and that the member or former member attests
to the waiver. If the waiver is presented to and accepted by the
board, the member or former member may: (1) Elect to have the
preretirement death benefit paid in a lump sum amount, rather than
annuity option A provided in section twenty-four of this article,
as a return of accumulated contributions to any beneficiary or beneficiaries he or she chooses; or (2) may name his or her
surviving child, who is financially dependent on the member by
virtue of a permanent mental or physical disability, as his or her
sole beneficiary to receive an annuity computed in the same manner
in all respects as if the member had: (A) Retired the day
preceding the date of his or her death, notwithstanding that he or
she might not have attained the age of sixty or sixty-two as the
case may be; (B) elected option A provided in section twenty-four
of this article; and (C) nominated his or her disabled child as
beneficiary.
(c) In the event any member who has ten or more years of
credited service or any former member with ten or more years of
credited service and who is entitled to a deferred annuity,
pursuant to section twenty-one of this article: (1) Dies without
leaving surviving him or her a spouse; but (2) leaves surviving him
or her an infant child or children; and (3) does not have a
beneficiary nominated as provided in subsection (a) of this
section, the infant child or children are entitled to an annuity to
be calculated as follows: The annuity reserve shall be calculated
as though the member had retired as of the date of his or her
decease and elected a straight life annuity and the amount of the
annuity reserve shall be paid in equal monthly installments to the
member's infant child or children until the child or children
attain age twenty-one or sooner marry or become emancipated;
however, in no event shall any child or children receive more than
$250 per month each. The annuity payments shall be computed as of the date of the death of the member and the amount of the annuity
shall remain constant during the period of payment. The annual
amount of the annuities payable by this section shall not exceed
sixty percent of the deceased member's final average salary.
(d) In the event any member or former member does not have ten
or more years of credited service, no preretirement death annuity
may be authorized, owed or awarded under this section, except as
provided in subdivision (4), subsection (a), section fifteen of
this article as amended during the 2005 regular session of the
Legislature.
(e)
Any person qualified as a
surviving dependent child u
nder
this section, who is the surviving dependent child of a law
enforcement officer who loses his or her life in the performance of
duty, in addition to any other benefits due under this or other
sections of this article, is entitled to receive a scholarship to
be applied to the career development education of that person.
This sum, up to but not exceeding $7,500 per year, shall be paid
from the fund to any higher education institution in this state,
career-technical education provider in this state, or
other entity
in this state approved by the board, to offset the expenses of
tuition, room and board, books, fees or other costs incurred in a
course of study at any of those institutions so long as the
recipient makes application to the board on an approved form and
under rules as provided by the board and maintains scholastic
eligibility as defined by the institution or the board. The board
may by appropriate rules define age requirements, physical and mental requirements, scholastic eligibility, disbursement methods,
institutional qualifications and other requirements as necessary
and not inconsistent with this section.
ARTICLE 14D. DEPUTY SHERIFF RETIREMENT SYSTEM ACT.
§7-14D-20. Additional death benefits and scholarships -- Dependent
children.
(a) In addition to the spouse death benefits in sections
eighteen and nineteen of this article, the surviving spouse is
entitled to receive and there shall be paid to the spouse $100
monthly for each dependent child.
(b) If the surviving spouse dies or if there is no surviving
spouse, the fund shall pay monthly to each dependent child a sum
equal to one fourth of the surviving spouse's entitlement under
either section nineteen or twenty of this article. If there is
neither a surviving spouse nor a dependent child, the fund shall
pay in equal monthly installments to the dependent parents of the
deceased member during their joint lifetimes a sum equal to the
amount which a surviving spouse, without children, would have
received: Provided, That when there is only one dependent parent
surviving, that parent is entitled to receive during his or her
lifetime one-half the amount which both parents, if living, would
have been entitled to receive: Provided, however, That if there is
no surviving spouse, dependent child, nor dependent parent of the
deceased member the accumulated contributions shall be paid to a
named beneficiary or beneficiaries: Provided further, That if there is no surviving spouse, dependent child, nor dependent parent
of the deceased member, nor any named beneficiary or beneficiaries
then the accumulated contributions shall be paid to the estate of
the deceased member.
(c) Any person qualifying as a dependent child under this
section, in addition to any other benefits due under this or other
sections of this article, is entitled to receive a scholarship to
be applied to the career development education of that person.
This sum, up to but not exceeding $6,000 $7,500 per year, shall be
paid from the fund to any university or college in this state or to
any trade or vocational school higher education institution in this
state, career-technical education provider in this state, or other
entity in this state approved by the board, to offset the expenses
of tuition, room and board, books, fees or other costs incurred in
a course of study at any of these institutions so long as the
recipient makes application to the board on an approved form and
under such rules as the board may provide, and maintains scholastic
eligibility as defined by the institution or the board. The board
may propose legislative rules for promulgation in accordance with
article three, chapter twenty-nine-a of this code which define age
requirements, physical and mental requirements, scholastic
eligibility, disbursement methods, institutional qualifications and
other requirements as necessary and not inconsistent with this
section.
§8-22A-22. Additional death benefits and scholarships -- Dependent
children.
(a) Except as provided in subsection (a), section nine of this
article, in addition to the spouse death benefits in this article,
the surviving spouse is entitled to receive and there shall be paid
to the spouse $100 monthly for each dependent child.
(b) If the surviving spouse dies or if there is no surviving
spouse, the fund shall pay monthly to each dependent child a sum
equal to one hundred percent of the spouse's entitlement under this
article divided by the number of dependent children. If there is
neither a surviving spouse nor a dependent child, the fund shall
pay in equal monthly installments to the dependent parents of the
deceased member during their joint lifetimes a sum equal to the
amount which a surviving spouse, without children, would have
received: Provided, That when there is only one dependent parent
surviving, that parent is entitled to receive during his or her
lifetime one-half the amount which both parents, if living, would
have been entitled to receive: Provided, however, That if there is
no surviving spouse, dependent child or dependent parent of the
deceased member, the accumulated contributions shall be paid to a
named beneficiary or beneficiaries: Provided further, That if
there is no surviving spouse, dependent child or dependent parent
of the deceased member, or any named beneficiary or beneficiaries,
then the accumulated contributions shall be paid to the estate of
the deceased member.
(c) Any person qualifying as a dependent child under this
section, in addition to any other benefits due under this or other
sections of this article, is entitled to receive a scholarship to be applied to the career development education of that person.
This sum, up to but not exceeding $6,000 $7,500 per year, shall be
paid from the fund to any university or college in this state or to
any trade or vocational school higher education institution in this
state, career-technical education provider in this state, or other
entity in this state approved by the board, to offset the expenses
of tuition, room and board, books, fees or other costs incurred in
a course of study at any of these institutions so long as the
recipient makes application to the board on an approved form and
under rules provided by the board and maintains scholastic
eligibility as defined by the institution or the board. The board
may propose legislative rules for promulgation in accordance with
article three, chapter twenty-nine-a of this code which define age
requirements, physical and mental requirements, scholastic
eligibility, disbursement methods, institutional qualifications and
other requirements as necessary and not inconsistent with this
section.
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-33. Awards and benefits to dependents of member when the
member dies in performance of duty; to dependents of
a duty disability retirant; dependent child
scholarship and amount.
(a) The surviving spouse or the dependent child or children or
dependent parent or parents of any member who has lost or loses his
or her life by reason of injury, illness or disease resulting from an occupational risk or hazard inherent in or peculiar to the
service required of employees while the member was or is engaged in
the performance of his or her duties as an employee of the agency,
or if a retirant dies from any cause after having been retired
pursuant to the provisions of section twenty-nine of this article,
the surviving spouse or other dependent is entitled to receive and
shall be paid from the fund benefits as follows: To the surviving
spouse annually, in equal monthly installments during his or her
lifetime the greater of one or the other of two amounts:
(1) An amount equal to five and one-half percent of the total
salary which was or would have been earned by the deceased member
or duty disability retirant during twenty-five years of service
based on the average earnings of the member or duty disability
retirant while employed by the agency; or
(2) The sum of $6,000.
(b) In addition, the surviving spouse is entitled to receive
and shall be paid $100 monthly for each dependent child or
children. If the surviving spouse dies or if there is no surviving
spouse, there shall be paid monthly to each dependent child or
children from the fund a sum equal to twenty-five percent of the
surviving spouse's entitlement. If there is no surviving spouse
and no dependent child or children, there shall be paid annually in
equal monthly installments from the fund to the dependent parents
of the deceased member or retirant during their joint lifetimes a
sum equal to the amount which a surviving spouse, without children,
would have received: Provided, That when there is one dependent parent surviving, that parent is entitled to receive during his or
her lifetime one half the amount which both parents, if living,
would have been entitled to receive.
(c) Any person qualified as a surviving dependent child under
this section, in addition to any other benefits due under this or
other sections of this article, is entitled to receive a
scholarship to be applied to the career development education of
that person. This sum, up to but not exceeding $7,500 per year,
shall
be paid from the fund to
any university or college in this
state or to any trade or vocational school higher education
institution in this state, career-technical education provider in
this state, or other
entity in this state approved by the board, to
offset the expenses of tuition, room and board, books, fees or
other costs incurred in a course of study at any of those
institutions so long as the recipient makes application to the
board on an approved form and under rules as provided by the board
and maintains scholastic eligibility as defined by the institution
or the board. The board may by appropriate rules define age
requirements, physical and mental requirements, scholastic
eligibility, disbursement methods, institutional qualifications and
other requirements as necessary and not inconsistent with this
section.
(d) A surviving spouse or dependent of an employee meeting the
requirements of this section is entitled to receive beneficiary
payments on the first day following the date the deceased employee
is removed from payroll by the agency. A surviving spouse or dependent of a member who is not currently an employee meeting the
requirements of this section is entitled to receive beneficiary
payments on the first day following the date of the deceased
member's death. A surviving spouse or dependent of a retirant
meeting the requirements of this section is entitled to receive
beneficiary payments on the first day of the month following the
date of the deceased retirant's death. Upon receipt of properly
executed forms from the agency and the surviving spouse or
dependent, the board shall process the surviving spouse or
dependent benefit as soon as administratively feasible.
(e) For the purposes of this section, the term "salary" does
not include any compensation paid for overtime service.
ARTICLE 2A. WEST VIRGINIA STATE POLICE RETIREMENT SYSTEM.
§15-2A-12. Awards and benefits to dependents of employees or
retirants - When employee dies in performance of
duty, etc.; dependent child scholarship and amount.
The surviving spouse, the dependent child or children or
dependent parent or parents of any employee who has lost or shall
lose his or her life by reason of injury, illness or disease
resulting from an occupational risk or hazard inherent in or
peculiar to the service required of employees while the employee
was engaged in the performance of his or her duties as an employee
of the agency, or the survivor of a retirant who dies from any
cause after having been retired pursuant to the provisions of
section nine of this article, is entitled to receive and shall be paid from the fund benefits as follows: To the surviving spouse
annually, in equal monthly installments during his or her lifetime,
one or the other of two amounts, which shall become payable the
first day of the month following the employee's or retirant's death
and which shall be the greater of:
(1) An amount equal to nine-tenths of the base salary received
in the preceding full twelve-month employment period by the
deceased employee: Provided, That if the employee had not been
employed with the agency for twelve full months prior to his or her
death, the amount of monthly salary shall be annualized for the
purpose of determining the benefit; or
(2) The sum of $10,000.
In addition, the surviving spouse is entitled to receive and
shall be paid $150 monthly for each dependent child. If the
surviving spouse dies or if there is no surviving spouse, there
shall be paid monthly to each dependent child or children from the
fund a sum equal to one third of the surviving spouse's
entitlement. If there is no surviving spouse and no dependent
child or children, there shall be paid annually in equal monthly
installments from the fund to the dependent parents of the deceased
member during their joint lifetimes a sum equal to the amount which
a surviving spouse, without children, would have received:
Provided, That when there is one dependent parent surviving, that
parent is entitled to receive during his or her lifetime one half
the amount which both parents, if living, would have been entitled
to receive: Provided, however, That if there is no surviving spouse, dependent child or dependent parent of the deceased member,
the accumulated contributions shall be paid to a named beneficiary
or beneficiaries: Provided further, That if there is no surviving
spouse, dependent child, dependent parent of the deceased member or
any named beneficiary or beneficiaries, then the accumulated
contributions shall be paid to the estate of the deceased member.
Any person qualifying as a surviving dependent child under
this section, in addition to any other benefits due under this or
other sections of this article, is entitled to receive a
scholarship to be applied to the career development education of
that person. This sum, up to but not exceeding $7,500 per year,
shall be paid from the fund to
any university or college in this
state or to any trade or vocational school higher education
institution in this state, career-technical education provider in
this state, or other
entity in this state approved by the board to
offset the expenses of tuition, room and board, books, fees or
other costs incurred in a course of study at any of these
institutions as long as the recipient makes application to the
board on an approved form and under rules provided by the board and
maintains scholastic eligibility as defined by the institution or
the board. The board may by appropriate rules define age
requirements, physical and mental requirements, scholastic
eligibility, disbursement methods, institutional qualifications and
other requirements as necessary and not inconsistent with this
section.
A surviving spouse or dependent of an employee meeting the requirements of this section is entitled to receive beneficiary
payments on the first day of the month following the date the
deceased member is removed from payroll by the agency. A surviving
spouse or dependent of a member who is not currently an employee
meeting the requirements of this section is entitled to receive
beneficiary payments on the first day of the month following the
date of the deceased member's death. A surviving spouse or
dependent of a retirant meeting the requirements of this section is
entitled to receive beneficiary payments on the first day of the
month following the date of the deceased retirant's death. Upon
receipt of properly executed forms from the agency and surviving
spouse or dependent, the board shall process the surviving spouse
or dependent benefit as soon as administratively feasible.
It is the intent of the Legislature that the levels of
benefits provided by operation of this section from the effective
date of the enactment of this section during the regular session of
the Legislature, 2005, be the same levels of benefits as provided
by this section as amended and reenacted during the fourth
extraordinary session of the Legislature, 2005. Accordingly, the
effective date of the operation of this section as amended and
reenacted during the fourth extraordinary session of the
Legislature, 2005, is expressly made retrospective to April 9,
2005
.
"
.