ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2863
(By Delegates Pethtel, Givens, Ennis, Canterbury,
Duke, Guthrie and D. Poling)
[Passed March 10, 2011; in effect ninety days from passage.]
AN ACT to
amend and reenact §15-2-31 of the Code of West Virginia,
1931, as amended; and to amend and reenact §15-2A-11 of said
code, all relating to State Police; providing for payment of
medical costs of physical disability and/or mental disability
examinations approved by the Consolidated Public Retirement
Board under the State Police Death, Disability and Retirement
plan and the West Virginia State Police Retirement System;
providing for reinstatement to active duty under certain
conditions of formerly disabled State Police officers
considered no longer disabled from law enforcement work; and
providing that a former disability retirant reinstated to
active duty with the State Police shall rejoin the retirement
system in which originally enrolled with restoration of
credited service in force at the time of disability
retirement.
Be it enacted by the Legislature of West Virginia:
That §15-2-31 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §15-2A-11 of said code be
amended and reenacted, all to read as follows:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-31. Disability physical examinations; termination.
(a) The board may require any retirant who has been retired
with compensation on account of disability to submit to a physical
and/or mental examination by a physician or physicians selected or
approved by the board and a report of the findings of the physician
or physicians shall be submitted in writing to the board for its
consideration. All medical costs associated with the examination
shall be paid by the fund. If, from the report or from the report
and hearing on the report, the board is of the opinion and finds
that the disabled retirant has recovered from the disability to the
extent that he or she is able to perform adequately the duties of
a law-enforcement officer, the board shall within five working
days provide written notice of the finding to the Superintendent of
State Police, who shall reinstate the retirant to active duty as a
member of the department at his or her rank or classification prior
to the disability retirement within forty-five days of the finding,
unless the retirant declines to be reinstated, is found by a
background check to be ineligible for reinstatement, or is found by
the Superintendent to be unacceptable due to the retirant's
performance history and evaluations during prior work with the
department. The Superintendent shall promptly notify the Board
when the retirant is reinstated, is found ineligible for
reinstatement due to a background check or unacceptable prior performance history or evaluations, or refuses reinstatement. The
board shall order disability payments from the fund to be
terminated at the earlier of the date of the retirant's
reinstatement, regular retirement, failure of a background check,
finding of unacceptable prior performance history or evaluation
with the department, failure to accept reinstatement or forty-five
days from the board's finding. If, from the report or the report
and hearing on the report, the board is of the opinion and finds
that the disabled retirant has recovered from his or her previously
determined probable permanent disability to the extent that he or
she is able to engage in gainful employment but remains unable to
adequately perform the duties of a law-enforcement officer, the
board shall order the payment, in monthly installments of an amount
equal to two thirds of the salary, in the case of a retirant
retired under the provisions of section twenty-nine of this article
or equal to one half of the salary, in the case of a retirant
retired under the provisions of section thirty of this article,
excluding any compensation paid for overtime service, for the
twelve-month employment period immediately preceding the disability
award: Provided, That if the retirant had not been employed with
the fund for twelve months immediately prior to the disability
award, the amount of monthly salary shall be annualized for the
purpose of determining the benefit.
(b) A disability retirant who is returned to active duty as
a member of the West Virginia State Police shall again become a
member of the retirement system in which he or she was originally enrolled and the retirant's credited service in force at the time
of retirement shall be restored.
ARTICLE 2A. WEST VIRGINIA STATE POLICE RETIREMENT SYSTEM.
§15-2A-11. Same -- Physical examinations; termination.
(a) The board may require any disabled retirant to submit to
a physical or mental examination or both a physical and mental
examination by a physician or physicians selected or approved by
the board and the physician or physicians shall submit a report of
the findings of the physician or physicians in writing to the board
for its consideration. All medical costs associated with the
examination shall be paid by the fund. If from the report, or from
the report and hearing on the report, the board is of the opinion
and finds that the disabled retirant has recovered from the
disability to the extent that he or she is able to perform
adequately the duties of a law-enforcement officer,
the board shall
within five working days provide written notice of the finding to
the Superintendent of State Police, who shall reinstate the
retirant to active duty as a member of the department
at his or her
rank or classification prior to the disability retirement
within
forty-five days of the finding, unless the retirant declines to be
reinstated, is found by a background check to be ineligible for
reinstatement, or is found by the Superintendent to be unacceptable
due to the retirant's performance history and evaluations during
prior work with the department. The Superintendent shall promptly
notify the board when the retirant is reinstated, is found
ineligible for reinstatement due to a background check or unacceptable prior performance history or evaluations, or refuses
reinstatement. The board shall order disability payments from the
fund to be terminated at the earlier of the date of the retirant's
reinstatement, regular retirement, failure of a background check,
finding of unacceptable prior performance history or evaluation
with the department, failure to accept reinstatement or forty-five
days from the board's finding
. If from the report, or the report
and hearing on the report, the board is of the opinion and finds
that the disabled retirant has recovered from his or her previously
determined probable permanent disability to the extent that he or
she is able to engage in any gainful employment, but unable to
adequately perform the duties of a law-enforcement officer, the
board shall order, in the case of a disabled retirant receiving
benefits under the provisions of section nine of this article, that
the disabled retirant be paid annually from the fund an amount
equal to six tenths of the base salary paid to the retirant in the
last full twelve-month employment period. The board shall order, in
the case of a disabled retirant receiving benefits under the
provisions of section ten of this article, that the disabled
retirant be paid from the fund an amount equal to one fourth of the
base salary paid to the retirant in the last full twelve-month
employment period: Provided, That if the retirant had not been
employed with the agency for twelve full months prior to the
disability, the amount of monthly salary shall be annualized for
the purpose of determining the benefit.
(b) A disability retirant who is returned to active duty as a member of the West Virginia State Police shall again become a
member of the retirement system in which he or she was originally
enrolled and the retirant's credited service in force at the time
of retirement shall be restored.