Introduced Version
House Bill 4442 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 4442
(By Delegates DeLong, Stemple, Crosier, Iaquinta, Hartman,
Proudfoot, Fragale and Caputo)
[Introduced February 6, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §15-2-29
and §15-2A-9 of the Code of
West Virginia, 1931, as amended, all relating to payment of
various medical expenses and equipment on behalf of disabled
members of the West Virginia State Police.
Be it enacted by the Legislature of West Virginia:
That
§15-2-29
and §15-2A-9
of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-29. Awards and benefits for disability incurred in
performance of duty.
(a) Any member of the fund who has not yet entered retirement
status on the basis of age and service and who becomes partially
disabled by injury, illness or disease resulting from any
occupational risk or hazard inherent in or peculiar to the services
required of employees of the agency or incurred pursuant to or while the employee was engaged in the performance of his or her
duties as an employee of the agency shall, if, in the opinion of
the board, he or she is by reason of that cause probably
permanently unable to perform adequately the duties required of him
or her as an employee of the agency, but is able to engage in any
other gainful employment in a field other than law enforcement, be
retired from active service by the board. The member thereafter is
entitled to receive annually from the fund in equal monthly
installments during his or her lifetime; or until the disability
eligibility sooner terminates, one or the other of two amounts,
whichever is greater:
(1) An amount equal to five and one-half percent of the total
salary which would have been earned during twenty-five years, or
during actual service if more than twenty-five years in the fund,
based on the average earnings of the retirant while employed as an
employee of the agency; or
(2) The sum of six thousand dollars.
(b) A retirant who is partially disabled under this article
may not, while in receipt of benefits for partial disability, be
employed as a law-enforcement officer: Provided, That a retirant
retired on partial disability under this article may serve as an
elected sheriff or appointed chief of police in the state without
a loss of disability retirement benefits so long as the elected or
appointed position is shown, to the satisfaction of the board, to require the performance of administrative duties and functions
only, as opposed to the full range of duties of a law-enforcement
officer.
(c) If any member not yet in retirement status on the basis of
age and service is found by the board to be permanently and totally
disabled as the result of a physical or mental impairment resulting
from any occupational risk or hazard inherent in or peculiar to the
services required of employees of the agency or incurred pursuant
to or while the member was engaged in the performance of his or her
duties as an employee of the agency, the member is entitled to
receive annually and there shall be paid from the fund in equal
monthly installments during his or her lifetime or until the
disability eligibility sooner terminates, an amount equal to eight
and one-half percent of the total salary which would have been
earned by the employee during twenty-five years, or during actual
service if more than twenty-five years of service in the fund,
based on the average earnings of the retirant while employed as an
employee of the agency: Provided, That in no event may the amount
be less than fifteen thousand dollars per annum, unless otherwise
required by this article.
(d) The superintendent may expend moneys from funds
appropriated for the agency in payment of medical, surgical,
laboratory, X-ray, hospital, ambulance and dental expenses and fees
and reasonable costs and expenses incurred in the purchase of artificial limbs and other approved appliances which may be
reasonably necessary according to the acceptable standard of care
for any member or disability retirant who has or becomes
temporarily, permanently or totally disabled by injury, illness or
disease resulting from any occupational risk or hazard inherent in
or peculiar to the service required of employees of the agency or
incurred pursuant to or while the member was or shall be engaged in
the performance of duties as an employee of the agency. Provided,
That the medical, surgical, laboratory, X-ray, hospital, ambulance
and dental expenses and fees, and reasonable costs and expenses
incurred in the purchase of artificial limbs and other approved
appliances are directly related to the disabling by injury, illness
or disease resulting from any occupational risks or hazards
inherent in or pursuant to or while such member was or shall be
engaged in the performance of duties as a member of the agency.
Whenever the superintendent determines that any disabled member or
retirant is ineligible to receive any of the aforesaid benefits at
public expense, the superintendent shall, at the request of the
disabled member or retirant, refer the matter to the board for
hearing and final decision. In no case will the compensation
rendered to health care providers for medical and hospital services
exceed the then current rate schedule approved by the West Virginia
Insurance Commission.
(e) Any member awarded a disability benefit under the provisions of this section may receive retirement disability
annuity payments on the day following the board's approval of his
or her disability application. Upon termination of employment and
receipt of properly executed forms from the agency and the member,
the board shall process the member's disability retirement benefit
and commence annuity payments as soon as administratively feasible.
(f) For the purposes of this section, the term "salary" does
not include any compensation paid for overtime service.
ARTICLE 2A. WEST VIRGINIA STATE POLICE RETIREMENT SYSTEM.
§15-2A-9. Awards and benefits for disability -- Incurred in
performance of duty.
(a) Except as otherwise provided in this section, a member of
the Department who has not yet entered retirement status on the
basis of age and service and who becomes partially disabled by
injury, illness or disease resulting from any occupational risk or
hazard inherent in or peculiar to the services required of members
of the Department and incurred pursuant to or while the member was
engaged in the performance of his or her duties as a member of the
Department shall, if, in the opinion of the Retirement Board, he or
she is, by reason of such cause, unable to perform adequately the
duties required of him or her as a member of the Department, but is
able to engage in other gainful employment in a field other than
law enforcement, be retired from active service by the Board. The member thereafter is entitled to receive annually and there shall
be paid to the member from the Fund in equal monthly installments
during the lifetime of the member, or until the member attains the
age of fifty-five or until the disability sooner terminates, one or
the other of two amounts, whichever is greater:
(1) An amount equal to six tenths of the base salary received
in the preceding twelve-month employment period: Provided, That if
the member had not been employed with the Department for twelve
months prior to the disability, the amount of monthly salary shall
be annualized for the purpose of determining the benefit; or
(2) The sum of six thousand dollars.
Upon attaining age fifty-five, the member shall receive the
benefit provided in section six of this article as it would apply
to his or her final average salary based on earnings from the
Department through the day immediately preceding his or her
disability. The recalculation of benefit upon a member attaining
age fifty-five shall be considered to be a retirement under the
provisions of section six of this article, for purposes of
determining the amount of annual annuity adjustment and for all
other purposes of this article: Provided, That a member who is
partially disabled under this article may not, while in receipt of
benefits for partial disability, be employed as a law-enforcement
officer: Provided, however, That a member retired on a partial
disability under this article may serve as an elected sheriff or appointed chief of police in the state without a loss of disability
retirement benefits so long as the elected or appointed position is
shown, to the satisfaction of the Board, to require the performance
of administrative duties and functions only, as opposed to the full
range of duties of a law-enforcement officer.
(b) Any member who has not yet entered retirement status on
the basis of age and service and who becomes physically or mentally
disabled by injury, illness or disease on a probable permanent
basis resulting from any occupational risk or hazard inherent in or
peculiar to the services required of members of the Department and
incurred pursuant to or while the member was or is engaged in the
performance of his or her duties as a member of the Department to
the extent that the member is incapacitated ever to engage in any
gainful employment, the member is entitled to receive annually, and
there shall be paid to the member from the Fund in equal monthly
installments during the lifetime of the member or until the
disability sooner terminates, an amount equal to the amount of the
base salary received by the member in the preceding twelve-month
employment period.
(c) The Superintendent of the Department may expend moneys
from funds appropriated for the Department in payment of medical,
surgical, laboratory, X-ray, hospital, ambulance and dental
expenses and fees, and reasonable costs and expenses incurred in
the purchase of artificial limbs and other approved appliances which may be reasonably necessary according to the acceptable
standard of care for any member of the Department who is
temporarily, permanently or totally disabled by injury, illness or
disease resulting from any occupational risk or hazard inherent in
or peculiar to the service required of members of the Department
and incurred pursuant to or while the member was or shall be
engaged in the performance of duties as a member of the Department.
Provided, That the medical, surgical, laboratory, X-ray, hospital,
ambulance and dental expenses and fees, and reasonable costs and
expenses incurred in the purchase of artificial limbs and other
approved appliances are directly related to the disabling by
injury, illness or disease resulting from any occupational risks or
hazards inherent in or pursuant to or while such member was or
shall be engaged in the performance of duties as a member of the
agency.
Whenever the Superintendent determines that any disabled
member is ineligible to receive any of the aforesaid benefits at
public expense, the Superintendent shall, at the request of the
disabled member, refer the matter to the Board for hearing and
final decision. In no case will the compensation rendered to health
care providers for medical and hospital services exceed the then
current rate schedule in use by the Bureau of Employment Programs,
Workers' Compensation Division.
NOTE: The purpose of this bill is to clarify the circumstances
under which the West Virginia State Police is responsible for the payment of medical expenses associated with injuries received in
the performance of official duties.
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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