ENROLLED
H. B. 2775
(By Delegates Campbell, J. Smith, Keener,
Browning, Hubbard, Hall and Harrison)
[Passed April 14, 2001; in effect ninety days from passage.]
AN ACT to amend and reenact section nine-b, article fourteen-d,
chapter seven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend and reenact section
twenty-eight-b, article seven-a, chapter eighteen of said
code; to amend and reenact section twelve-a, article seven-b
of said chapter; and to amend and reenact section twelve-b,
article nine, chapter fifty-one of said code, all relating to
technical revisions to correct the effective dates specified
in said provisions.
Be it enacted by the Legislature of West Virginia:
That section nine-b, article fourteen-d, chapter seven of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; that section twenty-eight-b, article seven-a, chapter eighteen of said code be amended and
reenacted; that section twelve-a, article seven-b of said chapter
be amended and reenacted; and that section twelve-b, article nine,
chapter fifty-one of said code be amended and reenacted, all to
read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 14D. DEPUTY SHERIFF RETIREMENT SYSTEM ACT.
§7-14D-9b. Federal law minimum required distributions.
The requirements of this section apply to any distribution of
a member's or beneficiary's interest and take precedence over any
inconsistent provisions of this plan. This section applies to plan
years beginning after the thirty-first day of December, one
thousand nine hundred eighty-six. Notwithstanding anything in the
plan to the contrary, the payment of benefits under this article
shall be determined and made in accordance with Section 401(a)(9)
of the Internal Revenue Code and the regulations thereunder. For
this purpose, the following provisions apply:
(a)The payment of benefits under the plan to any member
shall be distributed to him or her not later than the required
beginning date, or be distributed to him or her commencing not
later than the required beginning date, in accordance with
regulations prescribed under Section 401(a)(9) of the Internal Revenue Code, over the life of the member or over the lives of the
member and his or her beneficiary or over a period not extending
beyond the life expectancy of the member and his or her
beneficiary.
(b)If a member dies after distribution to him or her has
commenced pursuant to this section but before his or her entire
interest in the plan has been distributed, then the remaining
portion of that interest shall be distributed at least as rapidly
as under the method of distribution being used at the date of his
or her death.
(c)If a member dies before distribution to him or her has
commenced, then his or her entire interest in the plan shall be
distributed by the thirty-first day of December of the calendar
year containing the fifth anniversary of the member's death, except
as follows:
(1) If a member's interest is payable to a beneficiary,
distributions may be made over the life of that beneficiary or over
a period certain not greater than the life expectancy of the
beneficiary, commencing on or before the thirty-first of December
of the calendar year immediately following the calendar year in
which the member died; or
(2) If the member's beneficiary is the surviving spouse, the date distributions are required to begin shall be no later than the
later of:
(A) The thirty-first day of December of the calendar year in
which the member would have attained age seventy and one-half; or
(B) The earlier of: (i) The thirty-first day of December of
the calendar year following the calendar year in which the member
died; or (ii) the thirty-first day of December of the calendar year
following the calendar year in which the spouse died.
CHAPTER 18. EDUCATION.
ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.
§18-7A-28b. Federal law minimum required distributions.
The requirements of this section apply to any distribution of
a member's or beneficiary's interest and take precedence over any
inconsistent provisions of this retirement system. This section
applies to plan years beginning after the thirty-first day of
December, one thousand nine hundred eighty-six. Notwithstanding
anything in the retirement system to the contrary, the payment of
benefits under this article shall be determined and made in
accordance with Section 401(a)(9) of the Internal Revenue Code and
the regulations thereunder. For this purpose, the following
provisions apply:
(a)The payment of benefits under the retirement system to any member shall be distributed to him or her not later than the
required beginning date, or be distributed to him or her commencing
not later than the required beginning date, in accordance with
regulations prescribed under Section 401(a)(9) of the Internal
Revenue Code, over the life of the member or over the lives of the
member and his or her beneficiary or over a period not extending
beyond the life expectancy of the member and his or her
beneficiary.
(b)If a member dies after distribution to him or her has
commenced pursuant to this section but before his or her entire
interest in the retirement system has been distributed, then the
remaining portion of that interest shall be distributed at least as
rapidly as under the method of distribution being used at the date
of his or her death.
(c)If a member dies before distribution to him or her has
commenced, then his or her entire interest in the retirement system
shall be distributed by the thirty-first day of December of the
calendar year containing the fifth anniversary of the member's
death, except as follows:
(1) If a member's interest is payable to a beneficiary,
distributions may be made over the life or over a period certain
not greater than the life expectancy of the beneficiary commencing on or before the thirty-first of December of the calendar year
immediately following the calendar year in which the member died;
or
(2) If the member's beneficiary is the surviving spouse, the
date distributions are required to begin shall not be earlier than
the later of:
(A) The thirty-first day of December of the calendar year in
which the member would have attained age seventy and one-half; or
(B)The earlier of: (i) The thirty-first day of December of
the calendar year following the calendar year in which the member
died; or (ii) the thirty-first day of December of the calendar year
following the calendar year in which the spouse died.
ARTICLE 7B. TEACHERS' DEFINED CONTRIBUTION RETIREMENT SYSTEM.
§18-7B-12a. Federal minimum required distributions.
The requirements of this section apply to any distribution of
a member's or beneficiary's interest and take precedence over any
inconsistent provisions of this defined contribution system. This
section applies to plan years beginning after the thirty-first day
of December, one thousand nine hundred eighty-six. Notwithstanding
anything in this system to the contrary, the payment of benefits
under this article shall be determined and made in accordance with
Section 401(a)(9) of the Internal Revenue Code and the regulations thereunder. For this purpose, the following provisions apply:
(a)The payment of benefits under the defined contribution
system to any member shall be distributed to him or her not later
than the required beginning date, or be distributed to him or her
commencing not later than the required beginning date, in
accordance with regulations prescribed under Section 401(a)(9) of
the Internal Revenue Code, over the life of the member or over the
lives of the member and his or her beneficiary or over a period not
extending beyond the life expectancy of the member and his or her
beneficiary.
(b)If a member dies after distribution to him or her has
commenced pursuant to this section but before his or her entire
interest in the system has been distributed, then the remaining
portion of that interest shall be distributed at least as rapidly
as under the method of distribution being used at the date of his
or her death.
(c)If a member dies before distribution to him or her has
commenced, then his or her entire interest in the system shall be
distributed by the thirty-first day of December of the calendar
year containing the fifth anniversary of the member's death, except
as follows:
(1)If a member's interest is payable to a beneficiary, distributions may be made over the life of that beneficiary or over
a period certain not greater than the life expectancy of the
beneficiary commencing on or before the thirty-first day of
December of the calendar year immediately following the calendar
year in which the participant died; or
(2)If the member's beneficiary is the surviving spouse, the
date distributions are required to begin shall be no later than the
later of:
(A)The thirty-first day of December of the calendar year in
which the member would have attained age seventy and one-half; or
(B)The earlier of (i) The thirty-first day of December of
the calendar year in which the member died; or (ii) the thirty-
first day of December of the calendar year following the calendar
year in which the spouse died.
(d) For purposes of this section, any amount paid to a child
of a member will be treated as if it had been paid to the surviving
spouse of the member if such remaining amount becomes payable to
the surviving spouse when the child reaches the age of majority.
CHAPTER 51. COURTS AND THEIR OFFICERS.
ARTICLE 9. RETIREMENT SYSTEM FOR JUDGES OF COURTS OF RECORD.
§51-9-12b. Federal minimum required distributions.
The requirements of this section apply to any distribution of a member's or beneficiaries interest and take precedence over any
inconsistent provisions of this retirement system. This section
applies to plan years beginning after the thirty-first day of
December, one thousand nine hundred eighty-six. Notwithstanding
anything in the retirement system to the contrary, the payment of
benefits under this article shall be determined and made in
accordance with Section 401(a)(9) of the Internal Revenue Code and
the regulations thereunder. For this purpose, the following
provisions apply:
(a)The payment of benefits under the retirement system to
any member shall be distributed to him or her not later than the
required beginning date, or be distributed to him or her commencing
not later than the required beginning date, in accordance with
treasury regulations prescribed under Section 401(a)(9) of the
Internal Revenue Code, over the life of the member or over the
lives of the member and his or her beneficiary or over a period not
extending beyond the life expectancy of the member and his or her
beneficiary.
(b)If a member dies after distribution to him or her has
commenced pursuant to this section but before his or her entire
interest in the retirement system has been distributed, then the
remaining portion of that interest shall be distributed at least as rapidly as under the method of distribution being used at the date
of his or her death.
(c)If a member dies before distribution to him or her has
commenced, then his or her entire interest in the retirement system
shall be distributed by the thirty-first day of December of the
calendar year containing the fifth anniversary of the member's
death, except as follows:
(1)If a member's interest is payable to a beneficiary,
distributions may be made over the life of that beneficiary or over
a period certain not greater than the life expectancy of the
beneficiary commencing on or before the thirty-first of December of
the calendar year immediately following the calendar year in which
the member died; or
(2)If the member's beneficiary is the surviving spouse, the
date distributions are required to begin shall be no later than the
later of:
(A)The thirty-first day of December of the calendar year in
which the member would have attained age seventy and one-half; or
(B)The earlier of: (i) The thirty-first day of December of
the calendar year following the calendar year in which the member
died; or (ii) the thirty-first day of December of the calendar year
following the calendar year in which the spouse died.