COMMITTEE SUBSTITUTE
FOR
H. B. 3074
(By Delegates Browning and Staton)
(Originating in the Committee on Pensions and Retirement)
[February 24, 2003]
A BILL to amend and reenact section seventeen, article ten, chapter
five of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to allowing retired members
of the teachers retirement system to work up to one hundred
eighty days for a public employees retirement system employer.
Be it enacted by the Legislature of West Virginia:
That section seventeen, 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.
§5-10-17. Retirement system membership.
The membership of the retirement system consists of the
following persons:
(a) All employees, as defined in section two of this article,
who are in the employ of a political subdivision the day preceding the date it becomes a participating public employer and who
continue in the employ of the participating public employer on and
after that date shall become members of the retirement system; and
all persons who become employees of a participating public employer
on or after that date shall thereupon become members of the system;
except as provided in subdivisions (b) and (c) of this section.
(b) The membership of the retirement system shall does not
include any person who is a member of, or who has been retired by,
any of the state teachers retirement systems, the judges retirement
system, the retirement system of the division of public safety, the
deputy sheriff retirement system or any municipal retirement system
for either, or both, policemen or firemen; and the bureau of
employment programs, by the commissioner of the bureau, may elect
whether its employees will accept coverage under this article or be
covered under the authorization of a separate enactment: Provided,
That the exclusions of membership shall do not apply to any member
of the state Legislature, the clerk of the House of Delegates, the
clerk of the state Senate or to any member of the legislative body
of any political subdivision provided he or she once becomes a
contributing member of the retirement system: Provided, however,
That any retired member of the retirement system of the division of
public safety, the deputy sheriff retirement system and any retired
member of any municipal retirement system for either, or both,
policemen or firemen may on and after the effective date of this section become a member of the retirement system as provided in
this article, without receiving credit for prior service as a
municipal policeman or fireman or as a member of the division of
public safety or of the deputy sheriff retirement system: Provided
further, That the membership of the retirement system does not
include any person who becomes employed by the Prestera center for
mental health services, valley comprehensive mental health center,
Westbrook health services or eastern panhandle mental health center
on or after the first day of July, one thousand nine hundred
ninety-seven: And provided further, That membership of the
retirement system does not include any person who becomes a member
of the federal railroad retirement act on or after the first day of
July, two thousand.
(c) Any member of the state Legislature, the clerk of the
House of Delegates, the clerk of the state Senate and any employee
of the state Legislature whose employment is otherwise classified
as temporary and who is employed to perform services required by
the Legislature for its regular sessions or during the interim
between regular sessions and who has been or is so employed during
regular sessions or during the interim between sessions in seven
consecutive calendar years, as certified by the clerk of the House
in which the employee served, or any member of the legislative body
of any other political subdivision shall become a member of the
retirement system provided he or she notifies the retirement system in writing of his or her intention to be a member of the system and
files a membership enrollment form as prescribed by the board of
trustees, and each person, upon filing his or her written notice to
participate in the retirement system, shall by that act authorize
the clerk of the House of Delegates or the clerk of the state
Senate or such person or legislative agency as the legislative body
of any other political subdivision shall designate to deduct the
member's contribution, as provided in subsection (b), section
twenty-nine of this article, and after the deductions have been
made from the member's compensation, the deductions shall be
forwarded to the retirement system.
(d) If question arises regarding the membership status of any
employee, the board of trustees has the final power to decide the
question.
(e) Any individual who is a leased employee is not eligible to
participate in the system. For the purposes of this article, the
term "leased employee" means any individual who performs services
as an independent contractor or pursuant to an agreement with an
employee leasing organization or other similar organization. If a
question arises regarding the status of an individual as a leased
employee, the board has final authority to decide the question.
(f)
Membership of the retirement system does not include any
member of the state teachers retirement system: Provided, That a
retired member of the state teachers retirement system may work on a temporary basis for up to one hundred eighty days per year for a
member employer
without being required to become a member of this
retirement system.
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