Senate Bill No. 4001
(By Senators Tomblin, Mr. President, and Sprouse,
By Request of the Executive)
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[Introduced September 7, 2005; referred to the Committee on
Pensions; and then to the Committee on Finance.]
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A BILL to amend and reenact §15-2A-12 of the Code of West Virginia,
1931, as amended, relating to benefits to dependents of a
state trooper who dies in performance of duties.
Be it enacted by the Legislature of West Virginia:
That §15-2A-12 of the Code of West Virginia, 1931, as amended,
be amended and reenacted, to read as follows:
ARTICLE 2A. WEST VIRGINIA STATE POLICE RETIREMENT SYSTEM.
§15-2A-12. Awards and benefits to dependents of member - When
member dies in performance of duty, etc.; dependent
child scholarship and amount.
The surviving spouse, the dependent child or children or
dependent parent or parents of any member who has lost or shall
lose his or her life by reason of injury, illness or disease
resulting from an occupational risk or hazard inherent in or
peculiar to the service required of members while the member was engaged in the performance of his or her duties as a member of the
Department, or the survivor of a member who dies from any cause
after having been retired pursuant to the provisions of section
nine of this article, is entitled to receive and shall be paid from
the Fund benefits as follows: To the surviving spouse annually, in
equal monthly installments during his or her lifetime, one or the
other of two amounts, which shall become immediately available and
which shall be the greater of:
(1) An amount equal to
seven nine tenths of the base salary
received in the preceding twelve-month employment period by the
deceased member:
Provided, That if the member had not been
employed with the Department for twelve months prior to his or her
death, the amount of monthly salary shall be annualized for the
purpose of determining the benefit; or
(2) The sum of
six ten thousand dollars.
In addition thereto, the surviving spouse is entitled to
receive and there shall be paid to the person one hundred
fifty dollars monthly for each dependent child or children. If the
surviving spouse dies or if there is no surviving spouse, there
shall be paid monthly to each dependent child or children from the
Fund a sum equal to one
fourth third of the surviving spouse's
entitlement. If there is no surviving spouse and no dependent
child or children, there shall be paid annually in equal monthly
installments from the Fund to the dependent parents of the deceased member during their joint lifetimes a sum equal to the amount which
a surviving spouse, without children, would have received:
Provided, That when there is but one dependent parent surviving,
that parent is entitled to receive during his or her lifetime one
half the amount which both parents, if living, would have been
entitled to receive.
Any person qualifying as a surviving dependent child under
this section, in addition to any other benefits due under this or
other sections of this article, is entitled to receive a
scholarship to be applied to the career development education of
that person. This sum, up to but not exceeding seven thousand five
hundred dollars, shall be paid from the Fund to any university or
college in this state or to any trade or vocational school or other
entity in this state approved by the Board to offset the expenses
of tuition, room and board, books, fees or other costs incurred in
a course of study at any of these institutions so long as the
recipient makes application to the Board on an approved form and
under rules provided by the Board and maintains scholastic
eligibility as defined by the institution or the Board. The Board
may by appropriate rules define age requirements, physical and
mental requirements, scholastic eligibility, disbursement methods,
institutional qualifications and other requirements as necessary
and not inconsistent with this section.
Awards and benefits for a surviving spouse or dependents of a member received under any section or any of the provisions of this
retirement system are in lieu of receipt of any benefits for these
persons under the provisions of any other state retirement system.
Receipt of benefits under any other state retirement system is in
lieu of any right to receive any benefits under this retirement
system, so that only a single receipt of state retirement benefits
occurs.
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(NOTE: The purpose of this bill is to provide for a technical
correction related to benefits of spouses and children of state
troopers who die in the line of duty. In 2003, the Legislature
modified these benefits but House Bill 2984, enacted during the
2005 Regular Session, inadvertently repealed those changes. This
bill would reinstate the 2003 benefit changes.
Strike-throughs indicate language that would be stricken from
the present law and underscoring indicates new language that would
be added.)
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FINANCE COMMITTEE AMENDMENTS
On page four, section twelve, after line seven, by inserting
the following:
It is the intent of the Legislature that the levels of
benefits provided by operation of this section from the effective
date of the enactment of this section during the regular session of
the Legislature, two thousand five, be the same levels of benefits
as provided by this section as amended and reenacted during the
fourth extraordinary session of the Legislature, two thousand five.
Accordingly, the effective date of the operation of this section as
amended and reenacted during the fourth extraordinary session of
the Legislature, two thousand five, is expressly made retrospective
to the ninth day of April, two thousand five;
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Senate Bill No. 4001--A Bill to amend and reenact §15-2A-
12 of the Code of West Virginia, 1931, as amended, relating to benefits to dependents of a state trooper who dies in performance
of duties or dies after retirement due to service-related
disability.