Introduced Version
House Bill 2031 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2031
(By Delegate Hamilton)
[Introduced February 13, 2013; referred to the
Committee on Pensions and Retirement then Finance.]
A BILL to amend and reenact §5-10-52 of the Code of West Virginia,
1931, as amended, relating to the West Virginia Public
Employees Retirement Act; and calculating benefits and service
for certain members of the Legislature.
Be it enacted by the Legislature of West Virginia:
That §5-10-52 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 10. WEST VIRGINIA PUBLIC EMPLOYEES RETIREMENT ACT.
§5-10-52. Specific provisions relating to certain members of the
Legislature and certain service by members of the
Legislature.
(a) The provisions of this article specifying that a
legislator may be a member of the retirement system and at the same
time also a member of another state or political subdivision retirement program and may receive credit in the retirement system
from two or more public employments simultaneously and authorizing
automatic increases in the annuities of retired legislators based
upon increases in compensation paid to members of the Legislature
shall is not be applicable to any member of the Legislature who
first becomes a member of the retirement system as a member of the
Legislature during the year 1971, or any year thereafter, nor shall
such are these provisions be applicable to the computation of
service, credited service or benefits for any period of service as
a member of the Legislature for the year 1971, or any year
thereafter.
__(b) Any member of the Legislature, or former member of the
Legislature, who claims benefits under the retirement system based,
in whole or in part, upon service as a member of the Legislature,
shall have his or her benefits calculated by averaging the
compensation received for all years of accumulated service and not
merely for some portion thereof.
NOTE: The purpose of this bill is to amend §5-10-52 to address
issues relating to the computation of legislative pensions and
providing for the calculation of benefits by averaging compensation
received for all years of accumulated service.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.