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Introduced Version Senate Bill 124 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 124

(By Senator Browning)

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[Introduced January 13, 2010; referred to the Committee on Pensions; and then to the Committee on Finance.]

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A BILL to amend and reenact §18-7A-14b of the Code of West Virginia, 1931, as amended, relating to increasing the time for a member of the State Teachers Retirement System to make contributions for credited service during periods of temporary total disability under workers' compensation; and providing retroactive period of additional two years.

Be it enacted by the Legislature of West Virginia:
That §18-7A-14b of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.

§18-7A-14b. Members' option to make contributions for periods of temporary total disability.

Any member who was absent from work while receiving temporary total disability benefits pursuant to the provisions of chapter twenty-three of this code as a result of a compensable injury received in the course of and as a result of his or her employment with the covered employer, may purchase credited service for that time period or those time periods the member was absent from work as a result of a compensable injury and receiving temporary total disability benefits: Provided, That the member returned to work with his or her covered employer within one year following the cessation of temporary total disability benefits. The member desiring to purchase such credited service may do so only by lump sum payment from personal funds within two three years of the end of the disability period for which credit is sought to be purchased: Provided, however, That in order to purchase such service credit, the member shall pay to the board his or her regular contribution and an equal amount that represents the employer's contribution, based on the salary the member was receiving immediately prior to having sustained such compensable injury: Provided further, That the member purchasing service credit under the provisions of this section may not be charged interest. The maximum number of years of service credit that may be purchased under this section shall not exceed two: And provided further, That each year purchased under this section shall count as a year of experience for purposes of the increment set forth in section two or section eight-a, article four, chapter eighteen-a of this code, as applicable: And provided further, That retroactive, only from the effective date of the amendment to this section, the member purchasing service credit under the provisions of this section has five years from the end of the disability period for which credit is sought to be purchased. Thereafter a member has only three years from the end of the disability period to purchase credit.



NOTE: The purpose of this bill is to increase the time for a member of the State Teachers Retirement System to make retirement contributions for credited service, during periods of temporary total disability with a workers' compensation injury, from two years to three years. It also provides for additional retroactive period of two years from effective date of amendment.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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