Senate Bill No. 549
(By Senator Craigo)
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[Introduced March 22, 1993; referred to the Committee
on Pensions; and then to the Committee on Finance.]
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A BILL to amend and reenact sections twenty-two-b and twenty-two-
d, article ten, chapter five of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating
to supplemental benefits for certain annuitants; and
removing the provision requiring the Legislature to
appropriate money in order for certain annuitants to receive
a supplemental benefit.
Be it enacted by the Legislature of West Virginia:
That sections twenty-two-b and twenty-two-d, article ten,
chapter five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted to read
as follows:
ARTICLE 10. WEST VIRGINIA PUBLIC EMPLOYEES RETIREMENT ACT.
§5-10-22b. Supplemental benefits for certain annuitants.
Any annuitant who is receiving a retirement annuity of less
than seven thousand five hundred dollars annually on the
effective date of this section shall receive, upon application,a supplemental benefit, prospectively, under this section:
in
any fiscal year for which the Legislature provides by line item
appropriation for the payment of such benefit Provided, That the
effective date of retirement for such annuitant was prior to the
first day of July, one thousand nine hundred seventy-nine, and he
had ten years or more of credited service at the time of such
retirement. For the purposes of this section, "effective date of
retirement" means the last day of actual employment, or the last
day carried on the payroll of the employer, whichever is later,
together with a meeting fully of all eligibility requirements for
retirement prior to the aforesaid effective date. Any annuitant
retired pursuant to the disability provisions of this article
shall be considered to have had ten years or more credited
service at the time of such retirement.
Each such annuitant shall receive as his supplemental
benefit an increased annual amount which is the product of the
sum of eighteen dollars multiplied by his years of credited
service:
Provided, That the total annuity of any annuitant
affected by the provisions of this section, together with any of
the other provisions of this article, shall not exceed seven
thousand five hundred dollars annually.
Any annuitant receiving the supplemental benefit provided
for herein for the annuity payment period just prior to the first
day of July, one thousand nine hundred eighty-five, or any
annuitant made newly eligible for receipt of such supplemental
benefit on such date, shall receive a nineteen percent increasein the amount of such supplemental benefit prior received or
newly calculated, effective on and after the first day of July,
one thousand nine hundred eighty-five, and irrespective of the
maximum total annuity proviso and limitation of seven thousand
five hundred dollars annually. In any fiscal year in which pay
increases are granted by the Legislature to active public
employees, there may also be given an increase in retirement
benefits for retired public employees, if funding is available
for this purpose.
For the purpose of calculating the supplemental benefit
provided in this section, fractional parts of a service credit
year are to be disregarded unless in excess of one half of a
credited service year, in which event the same shall constitute
a full year of service credit.
On or after the first day of July, one thousand nine hundred
eighty-two, for the purpose of computation for determination of
eligibility and for the amount of any supplemental benefit
hereunder, separate computation shall be made of a retirant's own
benefit and that which may be receivable as beneficiary of
another, under the provisions of this article, with each such
benefit being eligible for the supplemental benefit herein
provided.
§5-10-22d. Supplemental benefits for certain annuitants.
Beginning on the first day of January, one thousand nine
hundred ninety-one, as an additional supplement to other
retirement allowances provided, and notwithstanding theprovisions of section twenty-two-b of this article,
requiring
appropriation by the Legislature for payment of certain
supplemental benefits any annuitant who is receiving a retirement
annuity on the effective date of this section shall receive a
supplemental benefit, prospectively, if the effective date of
retirement for such annuitant was prior to the first day of
January, one thousand nine hundred eighty-one. Each such
annuitant shall receive as his or her supplemental benefit an
increased annual amount which is the product of the sum of six
dollars multiplied by his or her years of credited service.
Nothing in this or any other section of this code shall be
construed to require any appropriation of state general revenue
funds for the payment of any benefit provided for in this
section.
NOTE: The purpose of this bill is to remove the provision
requiring the Legislature to appropriate money in order for
certain annuitants to receive a supplemental benefit.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.