COMMITTEE SUBSTITUTE
FOR
H. B. 4536
(By Delegates Stemple, Varner, Swartzmiller,
Staton, Kominar, Michael and Amores)
(Originating in the Committee on the Judiciary)
[March 1, 2004]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §15-10A-1, §15-10A-2,
§15-10A-3, §15-10A-4, §15-10A-5 and §15-10A-6, all relating to
establishing the law-enforcement re-employment act;
legislative findings; authorizing the re-employment of retired
county and municipality law-enforcement officers, and division
of natural resource law-enforcement officers; examination
requirements; coverage for illness or injury; ineligibility
for contributions to pensions; and employment status, civil
service and retirement benefits.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §15-10A-1, §15-10A-2,
§15-10A-3, §15-10A-4, §15-10A-5 and §15-10A-6, all to read as
follows:
ARTICLE 10A. LAW-ENFORCEMENT RE-EMPLOYMENT ACT.
§15-10A-1. Legislative findings.
The Legislature finds:
(1) That West Virginia law enforcement is currently suffering
from an unacceptably high number of vacant law-enforcement
positions because of military service obligations, and that given
the time factors and expense associated with the hiring and
training of personnel with no prior law-enforcement experience, it
is in the interest of the state to re-employ retired
law-enforcement officers in order to temporarily fill only the
vacant positions of those law-enforcement officers called to active
military duty;
(2) That no pension rights of any kind shall accrue or attach
pursuant to re-employment under this article; and
(3) That a law-enforcement agency who hires a retired law-
enforcement officer shall bear no responsibility for medical
payments resulting from work-related injuries or illnesses of
persons hired pursuant to this article, other than those commonly
associated with state employees covered by workers' compensation.
§15-10A-2. Re-employment of law-enforcement officers.
(a) Notwithstanding any provision of this code to the
contrary, any honorably retired law-enforcement officer may, at the
discretion of the head of a law-enforcement agency, be re-employed
subject to the provisions of this article:
Provided, That a retired
law-enforcement officer employed pursuant to this article must be
certified pursuant to article twenty-nine, chapter thirty.
(b) Any person re-employed pursuant to the provisions of this
article shall:
(1) Receive the same compensation as a regularly enlisted
officer of the same rank;
(2) Receive credit for all years of service accrued prior to
their retirement, as well as service rendered after the date of
their re-employment;
(3) Exercise the same authority as a regularly enlisted
officer of the law-enforcement agency;
(4) Wear the same uniform and insignia;
(5) Be subject to the same oath;
(6) Execute the same bond; and
(7) Exercise the same powers and be subject to the same
limitations as a regularly enlisted officer of the law-enforcement
agency.
(c) A person re-employed pursuant to the provisions of this
article is ineligible for promotion or reclassification of any type
nor eligible for appointment to a temporary rank.
(d) A person re-employed pursuant to the provisions of this
article may be employed for a period not to exceed two years from
the date on which he or she is hired.
(e) As used in this article:
(1) "Law-enforcement officer" or "officer" means: (A) Any
sheriff and any deputy sheriff of any county; (B) any member of a
police department in any municipality as defined in section two,
article one, chapter eight of this code; and (C) any conservation
officer of the division of natural resources; and
(2) "Head of a law-enforcement agency"
means the chief of police of an incorporated municipality; a county sheriff
, or the
chief conservation officer of the division of natural resources.
§15-10A-3. Examination requirements.
A retired law-enforcement officer applying for re-employment
under this article is required to pass mental and physical
examinations as required, and meet such other requirements, as may
be provided in rules promulgated by the head of the applicable law-
enforcement agency.
§15-10A-4. Coverage for illness or injury.
(a) Notwithstanding any provision of this code to the
contrary, the head of the law-enforcement agency shall make
provisions for coverage of personnel employed pursuant to this
article by the workers' compensation division and bureau of
employment programs. In the event an individual re-employed
pursuant to this article sustains an illness or injury which is
work related in origin, any cost associated with the treatment must
be defrayed in this manner.
(b) In the event a work-related illness or injury renders an
individual employed pursuant to the provisions of this article
permanently physically or mentally disabled, the applicable law-
enforcement agencies' disability coverage through the workers'
compensation division shall apply, and the individual's existing
pension shall be recalculated as though the disabling event had
occurred coincident with the individual's original retirement. Any
change in benefits resulting from this recalculation may not be
retroactive in nature.
(c) The provisions of this section do not apply in the event
a person employed pursuant to this article is disabled because of
some cause or event which is determined not to be work related.
§15-10A-5. Ineligibility for contributions to pensions.
Any person re-employed pursuant to this article is not
eligible to contribute to any pension plan administered by the
consolidated public retirement board, nor may he or she establish
or accrue any new pension eligibility as a result of such re-
employment.
§15-10A-6. Employment status; civil service; and retirement
benefits.
(a) Notwithstanding any provision of this code to the
contrary, any person re-employed pursuant to this article shall
serve at the will and pleasure of the head of the law-enforcement
agency, and is subject to termination without cause.
(b) Any person re-employed pursuant to this article may not be
included in the classified service of the civil service system.
(c) Notwithstanding any provision of this code to the
contrary, compensation paid to any person re-employed pursuant to
this article shall be in addition to any public employees insurance
act retirement benefits, or any other retirement payments or
pension benefits which he or she is already entitled to receive or
is receiving.