WEST virginia legislature
2018 regular session
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.
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
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.
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
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
(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.
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
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
(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.