SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home

Introduced Version - Originating in Committee Senate Bill 566 History

   |  Email
Key: Green = existing Code. Red = new code to be enacted

         WEST virginia legislature

 

2018 regular session

Originating

Senate Bill 566

By Senators Karnes, Maroney, Weld, Arvon, Plymale, and Gaunch

[Originating in the Committee on Pensions; Reported on February 15, 2018]

A BILL to amend and reenact §8-22-24 of the Code of West Virginia, 1931, as amended, relating to disability pensions of municipal employees; increasing amount of income that may be earned before an offset of benefits is required; and increasing that limit automatically when the minimum wage increases.

Be it enacted by the Legislature of West Virginia:

ARTICLE 22. RETIREMENT BENEFITS GENERALLY; POLICEMEN'S PENSION AND RELIEF FUND; FIREMEN'S PENSION AND RELIEF FUND; PENSION PLANS FOR EMPLOYEES OF WATERWORKS SYSTEM, SEWERAGE SYSTEM OR COMBINED WATERWORKS AND SEWERAGE SYSTEM.

§8-22-24. Disability pensions.


            (a) The monthly sum to be paid to each member eligible for disability received as a proximate result of service rendered in the performance of his or her duties under the provisions of §8-22-23a of this code shall be is equal to 60 percent of the monthly salary being received by such the member, at the time he or she is so disabled, or the sum of $500 per month, whichever shall be is greater: Provided, That the limitation provided in §8-22-24(b) of this code is not exceeded.

            (b) Effective for any member who becomes eligible for disability benefits on or after July 1, 1981, under the provisions of §8-22-23a of this code, as a proximate result of service rendered in the performance of his the member's duties within such departments, his the member's monthly disability payment as provided in §8-22-24(a) of this code shall may not, when aggregated with the monthly amount of state workers’ compensation, result in such the disabled member receiving a total monthly income from such the sources in excess of 100 percent of the basic compensation which is paid to members holding the same position which such the member held within such the department at the time of his the member's disability. Lump sum payments of state workers’ compensation benefits shall are not be considered for purposes of this subsection unless such the lump sum payments represent commuted values of monthly state workers' compensation benefits.

            (c) Any member who has served on active duty with the armed forces of the United States as described in §8-22-27 of this code, whether prior or subsequent to becoming a member of a paid police or fire department covered by the provisions of this article, and who, on July 1, 1986, is receiving or thereafter receives a disability pension, shall receive in addition to the 60 percent or minimum $500 authorized in §8-22-24(a) of this code, one additional percent for each year served in active military duty, up to a maximum of four additional percent.

            (d) Beginning on and after April 1, 1991, the monthly sum to be paid to a member who becomes eligible for total disability incurred not in the line of duty shall be is the monthly benefit provided in §8-22-24(a) of this code: Provided, That the limitation is subsection (b) of this section is not exceeded: Provided, however, That for any person receiving benefits under this subsection who is self-employed or employed by another, there shall be offset against said the benefits the amount of $1 for each $3 of income derived from self-employment or employment by another: Provided, however, That a person receiving disability benefits must file a certified copy of his or her tax return on or before the April 15 of each year to demonstrate either unemployment or income earned from self-employment or employment by another: Provided further, That there shall be is no offset of benefit for any income derived from self-employment or employment by another when the annual total amount of such the income is $7,500 $18,200 or less.

            (e) The $18,200 limit in §8-22-24(d) of this code shall be automatically increased when the minimum wage increases by the same percentage of the increase in the minimum wage.  

 

NOTE: The purpose of this bill is to raise the limit on income a disabled member of the fund may earn before offset is required.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2021 West Virginia Legislature ****


X

Print On Demand

Name:
Email:
Phone:

Print