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Introduced Version House Bill 2106 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2106


(By Delegates Proudfoot and Heck
)
[Introduced February 14, 1997; referred to the
Committee on Pensions and Retirement.]




A BILL to amend and reenact section twenty-three, article seven-a, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to crediting deceased teacher's surviving spouse with accumulated sick leave.

Be it enacted by the Legislature of West Virginia:
That section twenty-three, article seven-a, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.

§18-7A-23. Withdrawal and death benefits.

Benefits upon withdrawal from service prior to retirement under the provisions of this article shall be as follows:
(a) A contributor who withdraws from service for any cause other than death or retirement shall, upon application, be paid his or her accumulated contributions plus refund interest up to the end of the fiscal year preceding the year in which application is made, but in no event shall may interest be paid beyond the end of five years following the year in which the last contribution was made: Provided, That such the contributor, at the time of application, is then no longer under contract, verbal or otherwise, to serve as a teacher;
(b) If a contributor with fewer than five years of established service does not apply for the refund of his or her accumulated contributions within five years from the year in which he or she quits service, then his or her accumulated contributions plus refund interest, up to and including the fifth year, shall be returned to such the member or to his or her legal representative; or
(c) If such the contributor has completed twenty years of total service, he or she may elect to receive at retirement age an annuity which shall be computed as provided in this article: Provided, That if such the contributor has completed at least five, but fewer than twenty years of total service in this state, he or she may elect to receive at age sixty-two, an annuity which shall be computed as provided in this article. The contributor must shall notify the retirement board in writing concerning such the election. If such the contributor has completed fewer than five years of service in this state, he shall be or she is subject to the provisions as outlined in subsections subsection (a) or (b) above.
Benefits upon the death of a contributor prior to retirement under the provisions of this article shall be paid as follows:
(1) If the contributor was at least fifty years old, and if his or her total service as a teacher was at least twenty-five years at the time of his or her death, then: (A) The surviving spouse of the deceased, provided said the spouse is designated as the sole refund beneficiary, shall be is eligible for an annuity which shall be computed as though the deceased were actually a retired teacher at the time of death, and had selected a survivorship option which pays such the spouse the same monthly amount which would have been received by the deceased; and (B) the surviving spouse of the deceased is eligible for the increased retirement benefits option provided for in subsection (e), section thirteen, article sixteen, chapter five of this code; or
(2) If the facts do not permit payment under the preceding paragraph (1), then the following sum shall be paid to the refund beneficiary of the contributor: His or her accumulated contributions with refund interest up to the year of his or her death plus the amount of his or her accumulated contributions. The latter sum shall emanate from the employers accumulation fund.



NOTE: The purpose of this bill is to credit the surviving spouse with a deceased teacher's accumulated sick leave.

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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