WEST virginia legislature

2019 regular session

Committee Substitute

House Bill 2229

By Delegate Shott

[Introduced January 10, 2019; Referred
to the Committee on Pensions and Retirement then the Judiciary.]

A BILL to amend and reenact §5-10A-2 of the Code of West Virginia, 1931, as amended, relating generally to disqualification for public service retirement plan benefits, modifying the definition of less than honorable service, removing the exception of a misdemeanor from that aspect of less than honorable service involving impeachment and conviction; removing the requirement that the participant or former participant plead guilty or nolo contendere to felony criminal conduct to constitute less than honorable service;  and providing that conviction of specified misdemeanor conduct related to the participant’s term in office or participant’s term of employment in public service constitutes less than honorable service.

Be it enacted by the Legislature of West Virginia:

ARTICLE 10A. DISQUALIFICATION FOR PUBLIC RETIREMENT PLAN BENEFITS.

§5-10A-2. Definitions.

As used in this article:

(a) “Retirement plan” or “plan” means the Public Employees Retirement Act pursuant to §5-10-1 et seq. of this code; each municipal employees retirement plan pursuant to §8-22-1 et seq. of this code; each policemen’s and firemen’s pension and relief fund pursuant to §8-22-1 et seq. of this code; the West Virginia Municipal Police Officers and Firefighters Retirement System pursuant to §8-22A-1 et seq. of this code; the West Virginia State Police Death, Disability, and Retirement Fund pursuant to §15-2-1 et seq. of this code; the West Virginia State Police Retirement System pursuant to §15-2A-1 et seq. of this code; the state Teachers Retirement System pursuant to §18-7A-1 et seq. of this code; the Teachers Defined Contribution Retirement System pursuant to §18-7B-1 et seq. of this code; the Deputy Sheriff Retirement System pursuant to §7-14D-1 et seq. of this code; the higher education retirement plan and supplemental retirement plans pursuant to §18-23-4a of this code; the Judges Retirement System pursuant to §51-9-1 et seq. of this code; the West Virginia Emergency Medical Services Retirement System pursuant to §16-5V-1 et seq. of this code; and any other plan established pursuant to this code for the payment of pension, annuity, disability, or other benefits to any person by reason of his or her service as an officer or employee of this state or of any political subdivision, agency, or instrumentality thereof, whenever the plan is supported, in whole or in part, by public funds.

(b) “Beneficiary” means any person eligible for or receiving benefits because of the service for a public employer by a participant or former participant in a retirement plan.

(c) “Benefits” means pension, annuity, disability, or any other benefits granted pursuant to a retirement plan.

(d) “Conviction” means a conviction on or after the effective date of this article in any federal or state court of record whether following a plea of guilty, not guilty, or nolo contendere and whether or not the person convicted was serving as an officer or employee of a public employer at the time of the conviction.

(e) “Former participant” means any person who is no longer eligible to receive any benefit under a retirement plan because full distribution has occurred.

(f) “Less than honorable service” means:

(1) Impeachment and conviction of a participant or former participant under the provisions of section nine, article four of the Constitution of West Virginia;

(2) Conviction of a participant or former participant of a felony for conduct related to his or her office or employment which he or she committed while holding the office or during the employment;

(3) Conduct of a participant or former participant which constitutes all the elements of a crime described in either subdivision (1) or (2) of this subsection but for which the participant or former participant was not convicted because:

(A) Having been indicted or having been charged in an information for the crime, he or she made a plea bargaining agreement pursuant to which he or she pleaded guilty to or nolo contendere to a lesser crime;

(B) Having been indicted or having been charged in an information for the crime, he or she was granted immunity from prosecution for the crime; or

(C) Conviction of a participant or former participant for the misdemeanor offenses provided in the following sections of this code related to his or her office or employment which he or she committed while holding the office or during the employment:

(i) §61-3-13, §61-3-14, and §61-3-20 of this code;

(ii) §61-5-2, §61-5-6, §61-5-21, §61-5-22, §61-5-23, and §61-5-24 of this code; and

(iii) §61-5A-4, §61-5A-5, §61-5A-6, and §61-5A-7 of this code.

(g) “Participant” means any person eligible for or receiving any benefit under a retirement plan because of his or her service as an officer or employee for a public employer.

(h) “Public employer” means the State of West Virginia and any political subdivision, agency, or instrumentality thereof for which there is established a retirement plan.

(i) “Supervisory board” or “board” means the Consolidated Public Retirement Board; the Board of Trustees of any municipal retirement fund; the Board of Trustees of any policemen’s or firemen’s retirement plan; the governing board of any supplemental retirement plan instituted pursuant to authority granted by the previous provisions of §18-23-4a of this code; and any other board, commission, or public body having the duty to supervise and operate any retirement plan.