COMMITTEE SUBSTITUTE
FOR
H. B. 2415
(By Mr. Speaker, Mr. Kiss, and Delegates Jenkins, Heck,
Ashley, Varner, Pettit and Staton)
(Originating in the Committee on Finance)
[March 5, 1998]
A BILL to amend and reenact section one, article ten-d, chapter
five of the code of West Virginia, one thousand nine hundred
thirty-one; to amend chapter seven of said code by adding
thereto two new articles, designated article fourteen-d and
fourteen-e; and to amend and reenact section seventeen,
article three, chapter seventeen-a, all relating to
retirement, death and disability benefits for deputy sheriffs;
providing that the consolidated retirement board administer
the new retirement system; providing definitions for the
article; creating the deputy sheriff's retirement system;
stating that the article is to be liberally construed;
allowing the board to promulgate rules for the administration
of the fund; establishing membership qualifications; creating
a trust fund for investment of contributions; establishing
member and employer contribution amount; providing for
transfer of assets; providing credited service through member's use, as an option, of accrued annual or sick leave
days; establishing value of assets for transfer; requiring a
test case; providing safeguards to the public employees
retirement system; establishing for the commencement of
benefits; establishing benefits for normal, early and late
retirement; establishing annuity options; providing for
refunds to members upon certain conditions; providing for
disability retirements; allowing deputies with a prior
disability to become member of plan; benefits for surviving
spouses; benefits for dependents; establishing death benefits;
prohibiting double benefits; authorizing loans to members;
authorizing sheriff's to become member of plan; establishing
fraudulent practices and criminal penalties therefor; and
providing military service credits; providing effective date
and benefit beginning dates; providing limitation on county
liability; setting forth legislative findings and purposes;
establishing statewide uniform fees for certain reports
generated by sheriff's offices and dedicating those fees;
requiring sheriffs to issue motor vehicle registration
renewals; and providing that one-half of the fee charged by
sheriffs for issuing motor vehicle registration renewals be
dedicated to the deputy sheriff retirement fund.
Be it enacted by the Legislature of West Virginia:
That section one, article ten-d, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted; that chapter seven of said code be amended
by adding thereto two new articles, designated article fourteen-d
and fourteen-e; and that section seventeen, article three, chapter
seventeen-a be amended and reenacted, all to read as follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD
OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS,
OFFICES, PROGRAMS, ETC.
ARTICLE 10D. CONSOLIDATED PUBLIC RETIREMENT BOARD.
§5-10D-1. Consolidated public retirement board created; transition; members; vacancies.
(a) There is hereby
created continued a consolidated public
retirement board to administer all public retirement plans in this
state. It shall administer the public employees retirement system
established in article ten of this chapter; the teachers retirement
system established in article seven-a, chapter eighteen of this
code; the teachers' defined contribution retirement system created
by article seven-b, chapter eighteen of this code; the death,
disability and retirement fund of the department of public safety
created by article two, chapter fifteen of this code;
the death,
disability and retirement fund for deputy sheriffs created by
article fourteen-d, chapter seven of this code; and the judges'
retirement system created under article nine, chapter fifty-one of this code.
(b) The consolidated public retirement board shall begin
administration of the systems listed in subsection (a) of this
section on the first day of July, one thousand nine hundred ninety- one:
Provided, That the board shall begin administration of:
(1)
The teachers' defined contribution retirement system established in
article seven-b, chapter eighteen of this code on the first day of
January, one thousand nine hundred ninety-one;
and (2) the death,
disability and retirement fund for deputy sheriffs established in
article fourteen-d, chapter seven of this code on the first day of
July, one thousand nine hundred ninety-eight. Prior to that date
the existing entities which administer the system shall cooperate
with the board in the orderly transition of all duties,
responsibilities, records and other materials in their possession.
(c) The membership of the consolidated public retirement board
consists of:
(1) The governor or his or her designee;
(2) The state treasurer or his or her designee;
(3) The state auditor or his or her designee;
(4) The secretary of the department of administration or his
or her designee;
(5) Four residents of the state, who are not members,
retirants or beneficiaries of any of the public retirement systems,
to be appointed by the governor, with the advice and consent of the Senate; and
(6) A member, annuitant or retirant of the public employees
retirement system who is or was a state employee; a member,
annuitant or retirant of the public employees retirement system who
is not or was not a state employee; a member, annuitant or retirant
of the teachers retirement system; a member, annuitant or retirant
of the department of public safety death, disability and retirement
fund;
a member, annuitant or retirant of the deputy sheriff's
death, disability and retirement fund; and a member, annuitant or
retirant of the teachers' defined contribution retirement system,
all to be appointed by the governor, with the advice and consent of
the Senate.
(d) The appointed members of the board shall serve five-year
terms.
Of the members initially appointed, three shall be
appointed for two-year terms; three shall be appointed for three- year terms; and three shall be appointed for five-year terms.
Thereafter, all members shall serve full five-year terms. A member
appointed pursuant to subdivision (5), subsection (c) of this
section ceases to be a member of the board if he or she ceases to
be a member of the represented system. If a vacancy occurs in the
appointed membership, the governor, within sixty days, shall fill
the vacancy by appointment for the unexpired term. No more than
five appointees shall be of the same political party.
(e) The consolidated public retirement board shall have all the powers, duties, responsibilities and liabilities of the public
employees retirement system established pursuant to article ten, of
this chapter; the teachers retirement system established pursuant
to article seven-a, chapter eighteen of this code; the teachers'
defined contribution system established pursuant to article seven- b, chapter eighteen of this code; the death, disability and
retirement fund of the department of public safety created pursuant
to article two, chapter fifteen of this code;
the death, disability
and retirement fund for deputy sheriffs created pursuant to article
fourteen-d, chapter seven of this code; and the judges' retirement
system created pursuant to article nine, chapter fifty-one of this
code and their appropriate governing boards. The consolidated
public retirement board may propose for promulgation all rules
necessary to effectuate its powers, duties and responsibilities
pursuant to article three, chapter twenty-nine-a of this code:
Provided, That the board may adopt any or all of the rules,
previously promulgated, of a retirement system which it
administers.
(f) Effective on the first day of July, one thousand nine
hundred ninety-six, the consolidated public retirement board shall,
within two business days of receipt, transfer all funds received by
the consolidated public retirement board for the benefit of the
retirement systems within the consolidated pension plan as defined
in section three-c, article six-b, chapter forty-four of this code, including, but not limited to, all employer and employee
contributions, to the West Virginia trust fund:
Provided, That the
employer and employee contributions of the teachers' defined
contribution system, established in section three, article seven-b,
chapter eighteen of this code, and voluntary deferred compensation
funds invested by the West Virginia consolidated public retirement
board pursuant to section five, article ten-b of this chapter,
shall may not be transferred to the West Virginia trust fund.
(g) The consolidated public retirement board shall be a
trustee for all public retirement plans, except with regard to the
investment of funds:
Provided, That the consolidated public
retirement board shall be a trustee with regard to the investments
of the teachers' defined contribution system, and voluntary
deferred compensation funds invested pursuant to section five,
article ten-b of this chapter.
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 14D. DEPUTY SHERIFF RETIREMENT ACT.
§7-14D-1. Short title.
This article is known and may be cited as the "West Virginia
Deputy Sheriff Retirement System Act".
§7-14D-2. Definitions.
As used in this article, unless the context clearly requires
a different meaning:
(a) "Accrued benefit" means on behalf of any member two and one-quarter percent of the member's final average salary multiplied
by the member's years of credited service. A member's accrued
benefit may not exceed the limits of section 415 of the Internal
Revenue Code.
(b) "Accumulated contributions" means the sum of all amounts
deducted from the compensation of a member, or paid on his or her
behalf pursuant to article ten-c, chapter five of this code, either
pursuant to section seven of this article or section twenty-nine,
article ten, chapter five, of this code as a result of covered
employment together with regular interest thereon.
(c) "Active military duty" means full-time active duty with
any branch of the armed forces of the United States, including
service with the national guard or reserve military forces when the
member has been called to active full-time duty and has received no
compensation during the period of such duty from any board on other
than the armed forces.
(d) "Actuarial equivalent" means a benefit of equal value
computed upon the basis of the mortality table and interest rates
as the consolidated public retirement board may adopt from time to
time.
(e) "Annual compensation" means the wages paid to the member
during covered employment within the meaning of section 3401(a) of
the Internal Revenue Code but determined without regard to any
rules that limit the remuneration included in wages based upon the nature or location of employment or services performed during the
plan year plus amounts excluded under section 414(h)(2) of the
Internal Revenue Code and less reimbursements or other expense
allowances, cash or noncash fringe benefits or both, deferred
compensation and welfare benefits. Annual compensation for
determining benefits during any determination period may not exceed
one hundred fifty thousand dollars as adjusted for cost of living
in accordance with section 401(a)(17)(B) of the Internal Revenue
Code.
(f) "Annual leave service" means accrued annual leave.
(g) "Annuity starting date" means the first day of the first
period for which an amount is received as an annuity by reason of
retirement.
(h) "Base salary" means a member's cash compensation exclusive
of overtime from covered employment during the last twelve months
of employment. Until a member has worked twelve months, annualized
base salary is used as base salary.
(i) "Board" means the consolidated public retirement board
created pursuant to article ten-d, chapter five of this code.
(j) "County commission" has the meaning ascribed to it in
section one, article one, chapter seven of this code.
(k) "Covered employment" means either: (1) Employment as a
deputy sheriff and the active performance of the duties required
thereof; or (2) the period of time which active duties are not performed but disability benefits are received under section
thirteen or fourteen of this article.
(l) "Credited service" means the sum of a member's years of
service, military service, disability service and annual leave
service.
(m) "Deputy sheriff" means an individual employed as a county
law-enforcement deputy sheriff in this state and as defined by
section two, article fourteen, chapter seven of this code.
(n) "Dependent child" means:
(1) An unmarried person under age eighteen who is either:
(A) A natural child of the member;
(B) A legally adopted child of the member;
(C) A child who at the time of the member's death was living
with the member while the member was an adopting parent during any
period of probation; or
(D) A stepchild of the member residing in the member's
household at the time of the member's death.
(2) Any unmarried child under age twenty-three: (A) Who is
enrolled as a full-time student in an accredited college or
university; (B) who was claimed as a dependent by the member for
federal income tax purposes at the time of member's death; and (C)
whose relationship with the member is described in paragraph (1),
subparagraph (A), (B) or (C) of this subsection.
(o) "Dependent parent" means the father or mother of the member who was claimed as a dependent by the member for federal
income tax purposes at the time of the member's death.
(p) "Disability service" means service received by a member,
expressed in whole years, fractions thereof or both, equal to one
half of the whole years, fractions thereof, or both, during which
time a member receives disability benefits under section thirteen
or fourteen of this article.
(q) "Early retirement age" means age forty or over and
completion of twenty years of service.
(r) "Effective date" means the first day of July, one thousand
nine hundred ninety-eight.
(s) "Final average salary" means the average of the highest
annual compensation received for covered employment by the member
during any five consecutive plan years within the member's last ten
years of service. If the member did not have annual compensation
for the five full plan years preceding the member's attainment of
normal retirement age and during that period the member received
disability benefits under section thirteen or fourteen of this
article then "final average salary" means the average of the
monthly salary deemed paid to the member during that period as
determined under section seventeen of this article multiplied by
twelve.
(t) "Fund" means the West Virginia deputy sheriff retirement
fund created pursuant to section six of this article.
(u) "Hour of service" means:
(1) Each hour for which a member is paid or entitled to
payment for covered employment during which time active duties are
performed. These hours will be credited to the member for the plan
year in which the duties are performed; and
(2) Each hour for which a member is paid or entitled to
payment for covered employment during a plan year but where no
duties are performed due to vacation, holiday, illness, incapacity
including disability, layoff, jury duty, military duty, leave of
absence, or any combination thereof, and without regard to whether
the employment relationship has terminated. Hours under this
paragraph will be calculated and credited pursuant to West Virginia
department of labor regulations. A member will not be credited
with any hours of service for any period of time he or she is
receiving benefits under section fourteen or fifteen of this
article; and
(3) Each hour for which back pay is either awarded or agreed
to be paid by the employing county commission, irrespective of
mitigation of damages. The same hours of service will not be
credited both under paragraph (1) or (2) of this subsection, and
under this paragraph. Hours under this paragraph will be credited
to the member for the plan year or years to which the award or
agreement pertains, rather than the plan year in which the award,
agreement or payment is made.
(v) "Member" means a deputy sheriff first hired as such after
the effective date of this article, as defined in subsection (r) of
this section, or a deputy sheriff first hired prior to the
effective date and who elects to become a member pursuant to
section five or section seventeen of this article. A member shall
remain a member until the benefits to which he or she is entitled
under this article are paid or forfeited.
(w)"Monthly salary" means the portion of a member's annual
compensation which is paid to him or her per month.
(x)"Normal form" means a monthly annuity which is one
twelfth of the amount of the member's accrued benefit which is
payable for the member's life. If the member dies before the sum
of the payments he or she receives equals his or her accumulated
contributions on the annuity starting date, the named beneficiary
shall receive in one lump sum the difference between the
accumulated contributions at the annuity starting date and the
total of the retirement income payments made to the member.
(y) "Normal retirement age" means the first to occur of the
following:
(1) Attainment of age fifty years and the completion of twenty
or more years of service;
(2) While still in covered employment, attainment of at least
age fifty years, and when the sum of current age plus years of
service equals or exceeds seventy years;
(3) While still in covered employment, attainment of at least
age sixty years, and completion of five years of service; and
(4) Attainment of age sixty-two years and completion of five
or more years of service.
(z) "Partially disabled" means a member's inability to engage
in the duties of deputy sheriff by reason of any medically
determinable physical or mental impairment that can be expected to
result in death or that has lasted or can be expected to last for
a continuous period of not less than twelve months. A member may
be deemed partially disabled for the purposes of this article and
maintain the ability to engage in other gainful employment which
exists within the state but which ability would not enable him or
her to earn an amount at least equal to two thirds of the annual
compensation earned by all active members of this plan during the
plan year ending as of the most recent thirtieth day of June, as of
which plan data has been assembled and used for the actuarial
valuation of the plan.
(aa) "Public employees retirement system" means the West
Virginia public employee's retirement system created by article
ten, chapter five of this code.
(bb) "Plan" means the West Virginia deputy sheriff death,
disability and retirement plan established by this article.
(cc) "Plan year" means the twelve month period commencing on
the first day of July and ending the following thirtieth day of June of any designated year.
(dd) "Regular interest" means such rate or rates of interest
per annum, compounded annually, as the board shall from time to
time adopt.
(ee) "Retirement income payments" means the annual retirement
income payments payable under the plan.
(ff) "Spouse" means the person to whom the member is legally
married on the annuity starting date.
(gg) "Surviving spouse" means the person to whom the member
was legally married at the time of the member's death and who
survived the member.
(hh) "Totally disabled" means a member's inability to engage
in substantial gainful activity by reason of any medically
determined physical or mental impairment that can be expected to
result in death or that has lasted or can be expected to last for
a continuous period of not less than twelve months.
For purposes of this subsection:
(1) A member is totally disabled only if his or her physical
or mental impairment or impairments is of such severity that he or
she is not only unable to perform his or her previous work as a
deputy sheriff but also cannot, considering his or her age,
education and work experience, engage in any other kind of
substantial gainful employment which exists in the state regardless
of whether: (A) Such work exists in the immediate area in which the member lives; (B) whether a specific job vacancy exists; or (C)
whether the member would be hired if he or she applied for work.
(2) "Physical or mental impairment" is an impairment that
results from an anatomical, physiological, or psychological
abnormality that is demonstrated by medically accepted clinical and
laboratory diagnostic techniques.
A member's receipt of social security disability benefits
creates a rebuttable presumption that the member is totally
disabled for purposes of this plan. Substantial gainful employment
rebuts the presumption of total disability.
(ii) "Year of service". A member shall, except in his or her
first and last years of covered employment, be credited with year
of service credit based upon the hours of service performed as
covered employment and credited to the member during the plan year
based upon the following schedule:
Hours of ServiceYear of Service Credited
Less than 5000
500 to 999 1/3
1,000 to 1,4992/3
1,500 or more1
During a member's first and last years of covered employment,
the member shall be credited with one twelfth of a year of service
for each month during the plan year in which the member is credited
with an hour of service. A member is not entitled to credit for years of service for any time period during which he or she
received disability payments under section fourteen or fifteen of
this article. Except as specifically excluded, years of service
include covered employment prior to the effective date.
Years of service which are credited to a member prior to his
or her receipt of accumulated contributions upon termination of
employment pursuant to section thirteen of this article or section
thirty, article ten, chapter five of this code, shall be
disregarded for all purposes under this plan unless the member
repays the accumulated contributions with interest pursuant to
section twelve of this article or had prior to the effective date
made the repayment pursuant to section eighteen, article ten,
chapter five of this code.
§7-14D-2a. Meaning of terms.
Any term used in this article shall have the same meaning as
when used in a comparable context in the laws of the United States,
unless a different meaning is clearly required. Any reference in
this article to the Internal Revenue Code includes all amendments
made to the laws of the United States after the thirty-first day of
December, one thousand nine hundred ninety-five, but prior to the
first day of January, one thousand nine hundred ninety-eight, but
no amendment to the laws of the United States made on or after the
first day of January, one thousand nine hundred ninety-eight, shall
be given any effect.
§7-14D-3. Creation and administration of West Virginia deputy
sheriff retirement system.
There is hereby created the West Virginia deputy sheriff
retirement system. The purpose of this system is to provide for
the orderly retirement of deputy sheriffs who become superannuated
because of age or permanent disability and to provide certain
survivor death benefits. The retirement system constitutes a body
corporate. All business of the system shall be transacted in the
name of the West Virginia deputy sheriff retirement system.
§7-14D-4. Article to be liberally construed; supplements federal
social security.
The provisions of this article shall be liberally construed so
as to provide a general retirement system for deputy sheriffs
eligible to retire under the provisions of this plan. Nothing in
this article may be construed to permit a county to substitute this
plan for federal social security now in force in West Virginia.
The board shall administer the plan in accordance with its
terms and may construe the terms and determine all questions
arising in connection with the administration, interpretation and
application of the plan. The board may sue and be sued, contract
and be contracted with and conduct all the business of the system
in the name of the plan. The board may propose rules for
promulgation in accordance with the provisions of article three,
chapter twenty-nine-a of this code, that it deems necessary to carry out the provisions of the plan. The board may employ such
persons as it deems necessary or desirable to administer the plan.
The board shall administer the plan for the exclusive benefit of
the members and their beneficiaries subject to the specific
provisions of the plan. This plan and the moneys held in trust
hereunder constitute a qualified trust under section 401 of the
Internal Revenue Code and shall be administered and construed as
such.
§7-14D-5. Members.
Any deputy sheriff first employed by a county in covered
employment after the effective date of this article shall be a
member of this retirement system and plan and may not qualify for
membership in any other retirement system administered by the
board, so long as he or she remains employed in covered employment.
Any deputy sheriff employed in covered employment on the
effective date of this article shall within six months of that
effective date notify in writing both the county commission in the
county in which he or she is employed and the board of his or her
desire to become a member of the plan. Any deputy sheriff who so
elects shall cease to be a member or have any credit for employment
in any other retirement system administered by the board and shall
continue to be ineligible for membership in any other retirement
system administered by the board so long as the deputy sheriff
remains employed in covered employment. Any deputy sheriff who does not affirmatively elect to become a member of the plan shall
continue to be eligible for such other retirement system as is from
time to time offered to other county employees but shall be
ineligible for this plan regardless of any subsequent termination
of employment and rehire.
Any deputy sheriff who was employed as a deputy sheriff prior
to the effective date, but not so employed on the effective date of
this article, shall become a member upon rehire as a deputy
sheriff. For purposes of this section, the member's years of
service and credited service prior to the effective date will not
be counted for any purposes under this plan unless: (1) The deputy
sheriff has not received the return of his or her accumulated
contributions in the public employees retirement fund system
pursuant to section thirty, article ten, chapter five of this code;
or (2) the accumulated contributions returned to the member from
the public employees retirement system have been repaid pursuant to
section twelve of this article. If the conditions of subdivision
(1) or (2) of this subsection are met, all years of the deputy
sheriff's covered employment shall be counted as years of service
for the purposes. In connection with each deputy sheriff receiving
credit for prior employment provided in this subsection, a transfer
from public employees retirement system to this plan shall be made
pursuant to the procedures described in section eight of this
article.
Once made, the election made under this section is
irrevocable. All deputy sheriffs first employed after the
effective date and deputy sheriffs electing to become members as
described in this section shall be members as a condition of
employment and shall make the contributions required by section
seven of this article.
§7-14D-6. Creation of fund; investments.
There is hereby created the "West Virginia deputy sheriff
retirement fund" for the benefit of the members of the retirement
system created pursuant to this article and the dependents of any
deceased or retired member of the system.
All moneys paid into and accumulated in the fund, except such
amounts as are designated by the board for payment of benefits as
provided in this article, shall be held in trust and invested as
provided by law.
§7-14D-7. Members' contributions; employer contributions.
There shall be deducted from the monthly salary of each member
and paid into the fund an amount equal to eight and one-half
percent of his or her monthly salary. An additional nine and one- half percent of the monthly salary of each member shall be paid to
the fund by the county commission of the county in which the member
is employed in covered employment. If the board finds that the
benefits provided by this article can be actually funded with a
lesser contribution, then the board shall reduce the required member and employer contributions proportionally.
§7-14D-8. Transfer from public employees retirement system.
The board of trustees of public employees retirement system
shall within ninety days of the effective date of the transfer of
a deputy from public employees retirement system to the plan shall,
transfer assets from the public employees retirement system trust
fund into the West Virginia Deputy Sheriff trust fund. The amount
to be transferred from the public employees retirement system
includes all contributions made by each transferring deputy plus
the employers matching contribution for the retiring deputy and an
amount representing the normal amount of interest the transferring
deputy earned on all his or her contributions and the contributions
his or her employer made on behalf of the transferring deputy.
The amount of assets to be transferred for each transferring
deputy shall be computed as of the first day of July, one thousand
nine hundred ninety-eight, using the actuarial valuation
assumptions in effect for the first day of July, one thousand nine
hundred ninety-eight, actuarial valuation of public employees
retirement system, and updated with seven and one-half percent
annual interest to the date of the actual asset transfer. Market
value of the assets of the transferring deputy in the public
employees retirement system shall be determined as of the end of
the month preceding the actual transfer. The computation of asset
share to be transferred will be determined by the board as follows:
(a) Compute the market value of the public employees
retirement system assets;
(b) Compute the accrued liability for all public employees
retirement system retirees, beneficiaries, disabled retirees and
terminated inactive members;
(c) Reduce the market value of public employees retirement
system assets by the accrued liability determined in subsection (b)
of this section;
(d) Compute the entry age method accrued liability for all
active public employees retirement system members;
(e) Compute the share of accrued liability as determined
pursuant to subsection (d) of this section, that is attributable to
those deputy sheriffs in public employees retirement system who
have elected to transfer to the plan;
(f) Compute the percentage of active's accrued liability
computed to the deputy sheriffs by dividing subsection (e) by
subsection (d) of this section;
(g) Determine the asset share to be transferred from public
employees retirement system to the plan by multiplying subsection
(c) times subsection(f) of this section.
Once a deputy sheriff has elected to transfer from the public
employees retirement system, transfer by the public employees
retirement system of that deputy's contributions, including all
amounts contributed by the deputy's employer for that deputy with interest upon both the deputy's and the employer's contributions
shall operate as a complete bar to any further liability to the
transferring from the public employees retirement system, and
constitutes an agreement whereby the transferring deputy forever
indemnifies and holds harmless the public employees retirement
system from providing him or her any form of retirement benefit
whatsoever until such time as that deputy obtains other employment
which would make him or her eligible to re-enter the public
employees retirement system with no credit whatsoever for the
amounts transferred to the deputy sheriffs retirement system.
The board shall cause a judicial determination to be made
regarding the transfer of assets from the public employees
retirement system to the deputy sheriffs retirement system by
causing a suit to be filed in the supreme court of this state
seeking a writ of mandamus on or before the thirty-first day of
July, one thousand nine hundred ninety-eight.
§7-14D-9. Retirement; commencement of benefits.
A member may retire and commence to receive retirement income
payments upon attaining early or normal retirement age by filing
with the board his or her voluntary petition in writing for
retirement:
Provided, That retirement income payments shall
commence no later than the first day of April following the
member's seventy and one-half year birthday or the cessation of
covered employment, whichever later occurs. Upon receipt of the petition, The board shall promptly provide the member with an
explanation of his or her optional forms of retirement benefits and
upon receipt of properly executed forms from the member, The board
shall process member's request for and commence payments as soon as
administratively feasible.
§7-14D-10 Retirement credited service through member's use, as
option, of accrued annual or sick leave days.
Any member accruing annual leave or sick leave days may, after
the effective date of this section, elect to use such days at the
time of retirement to acquire additional credited service in this
retirement system. Such days shall be applied on the basis of two
workdays credit granted for each one day of such accrued annual or
sick leave days, with each month of retirement service credit to
equal twenty workdays and with any remainder of ten workdays or
more to constitute a full month of additional credit and any
remainder of less than ten workdays to be dropped and not used,
notwithstanding any provisions of the code to the contrary. Such
credited service shall be allowed and not deemed to controvert the
requirement of no more than twelve months credited service in any
year's period.
§7-14D-11. Retirement benefits.
(a) Normal retirement. -- A member who ceases covered
employment, has attained normal retirement age, and whose annuity
starting date is within forty-five days of the later of the two, shall receive retirement income payments equal to his or her
accrued benefit in the normal form or retirement income payments in
an optional form as provided under section twelve of this article
which is the actuarial equivalent of his or her accrued benefit in
the normal form.
(b) Early retirement. -- A member who ceases covered
employment and has attained early retirement age while in covered
employment may elect to receive retirement income payments
commencing prior to his or her normal retirement age which is the
actuarial equivalent of the member's accrued benefit which would
have been payable at the member's normal retirement age based upon
his or her final average salary and years of credited service
determined at the cessation of his or her covered employment.
Payments will be in the normal form or in an optional form as
allowed in section twelve of this article which is the actuarial
equivalent of the normal form as reduced for early commencement of
benefits.
(c) Late retirement. -- A member whose annuity starting date
is more than forty-five days after the later of his or her
attainment of normal retirement age or the cessation of his or her
covered employment shall receive retirement income payments equal
to the accrued benefit in the normal form which is the actuarial
equivalent of the benefit to which he or she would be entitled had
the retirement income payments commenced within forty-five days of the later of his or her attainment of normal retirement age or
cessation of covered employment.
(d) Retirement benefits shall be paid monthly in an amount
equal to one twelfth of the retirement income payments elected and
at such times as established by the board. Notwithstanding any
other provision of the plan, a member who is married on the annuity
starting date will receive his or her retirement income payments in
the form of a sixty-six and two-thirds percent joint and survivor
annuity with his or her spouse unless prior to the annuity starting
date the spouse waives the form of benefit.
§7-14D-12. Annuity options.
Prior to the effective date of retirement, but not thereafter,
a member may elect to receive retirement income payments in the
normal form, or the actuarial equivalent of the normal form from
the following options:
(a) Option A - Joint and Survivor Annuity. A life annuity
payable during the joint lifetime of the member and his or her
beneficiary who is a natural person with an insurable interest in
the member's life. Upon the death of either the member of his or
her beneficiary, the benefit shall continue as a life annuity to
the survivor in an amount equal to fifty percent, sixty-six and
two-thirds percent, seventy-five percent or one hundred percent of
the amount paid while both were living as selected by the member.
If the retiring member is married, the spouse must sign a waiver of benefit rights if the beneficiary is to be other than the spouse.
(b) Option B - Contingent Joint and Survivor Annuity. A life
annuity payable during the joint lifetime of the member and his or
her beneficiary who must be a natural person with an insurable
interest in the member's life. Upon the death of the member, the
benefit shall continue as a life annuity to the beneficiary in an
amount equal to fifty percent, sixty-six and two-thirds percent,
seventy-five percent or one hundred percent of the amount paid
while both were living as selected by the member. If the
beneficiary dies first, the monthly amount of benefits shall be
reduced. If the retiring member is married, the spouse must sign
a waiver of benefit rights if the beneficiary is to be other than
the spouse.
(c) Option C - Ten Years Certain and Life Annuity. A life
annuity payable during the member's lifetime but in any event for
a minimum of ten years. If the member dies before the expiration
of ten years, the remaining payments will be made to a designated
beneficiary, if any, or otherwise to the member's estate.
(d) Option D - Level Income Annuity. A life annuity payable
monthly in an increased amount "A" from the time of retirement
until the member is social security retirement age, and then a
lesser amount "B" payable for the member's lifetime thereafter,
with these amounts computed actuarially to satisfy the following
two conditions:
(1) Actuarial equivalence. The actuarial present value at the
date of retirement of the member's annuity if taken in the normal
form must equal the actuarial present value of the term life
annuity in amount "A" plus the actual present value of the deferred
life annuity in amount "B".
(2) Level income. The amount "A" equals the amount "B" plus
the amount of the member's estimated monthly social security
primary insurance amount that would commence at the date amount "B"
becomes payable. For this calculation, the Primary insurance
amount is estimated when the member applies for retirement, using
social security law then in effect, using assumptions established
by the board.
(e) Option E - Level Income Joint and Survivor Annuity. An
annuity structured under the same methodology as in subsection (d)
of this section, with the term annuity amount "A" payable until the
member's social security retirement age and the amount "B" payable
as a fifty percent, sixty-six and two-thirds percent, seventy-five
percent or one hundred percent joint and survivor annuity upon the
member's attaining social security retirement age with the members
selecting the applicable percentage rate, if the retiring member
is married, the spouse must sign a waiver of benefit rights if the
beneficiary is to be other than the spouse.
(f) Option F - Increasing Annuity. A life annuity payable in
any of the forms described in this section, and subject to the corresponding conditions, with the amount of monthly payment
increasing at one and one-half percent, two percent or two and one- half percent compounded annually throughout the life of the
annuity. Annuities taken in this form will be adjusted the first
day of April of each year following the member's annuity starting
date with a prorated increase given on the first day of April to
retirees who have not yet been retired a full year on that date.
In the case of a member who has elected the options set forth
in subsections (b) and (e) of this section, respectively, and whose
beneficiary dies prior to the member's death, the member may name
an alternative beneficiary. If an alternative beneficiary is named
within eighteen months following the death of the prior
beneficiary, the benefit will be adjusted to be the actuarial
equivalent of the member's normal form of benefit. If the election
is not made until eighteen months after the death of the prior
beneficiary, the amount will be reduced so that it is only ninety
percent of the actuarial equivalent of the member's normal form of
benefit.
§7-14D-13. Refunds to certain members upon discharge or
resignation; deferred retirement.
(a) Any member who terminates covered employment and is not
eligible to receive disability benefits under this article shall,
by written request filed with the board, be entitled to receive
from the fund the member's accumulated contributions. Except as provided in subsection (b) of this section, upon withdrawal the
member shall forfeit his or her accrued benefit and cease to be a
member.
(b) Any member who withdraws accumulated contributions from
either this plan or public employees retirement system and
thereafter becomes reemployed in covered employment shall not
receive any credited service for the prior employment unless
following his or her return to covered employment, the member
redeposits in the fund the amount of the accumulated contributions,
together with interest thereon at the rate determined by the board
from the date of withdrawal to the date of redeposit. Upon
repayment he or she shall receive the same credit on account of his
or her former service as if no refund had been made. The repayment
must be made in a lump sun within sixty months of the deputy
sheriff's reemployment sum or if later, within sixty months of the
effective date of this article.
(c) Every member who completes sixty months of covered
employment is eligible, upon cessation of covered employment, to
either withdraw his or her accumulated contributions in accordance
with subsection (a) of this section, or to choose not to withdraw
his or her accumulated contribution and to receive retirement
income payments upon attaining early or normal retirement age.
§7-14D-14. Awards and benefits for disability -- Duty related.
Any member who after the effective date and during covered employment: (A) Has been or becomes either totally or partially
disabled by injury, illness or disease; (B) the disability is a
result of an occupational risk or hazard inherent in or peculiar to
the services required of members; (C) the disability was incurred
while performing law enforcement functions during either scheduled
work hours or at any other time; and (D) in the opinion of the
board, the member is by reason of the disability unable to perform
adequately the duties required of a deputy sheriff, is entitled to
receive and will be paid from the fund in monthly installments
during the lifetime of the member, or if sooner until the member
attains normal retirement age or until the disability sooner
terminates, either subsection (a) or (b) of this section.
(a) If the member is totally disabled, ninety percent of the
member's average monthly compensation for the twelve month period
preceding the member's disability, or the shorter period if the
member has not worked twelve months.
(b) If the member is partially disabled, forty-five percent of
the member's average monthly compensation for the twelve-month
period preceding the member's disability, or the shorter period if
the member has not worked twelve months.
If the member remains totally disabled until attaining sixty- five years of age, the member shall then receive the retirement
benefit provided for in sections eleven and twelve of this article.
If the member remains partially disabled until attaining sixty years of age the member shall then receive the retirement benefit
provided for in sections eleven and twelve of this article.
§7-14D-15. Same -- Due to other causes.
(a) Any member who after the effective date of this article
and during covered employment: (1) Has been or becomes totally or
partially disabled from any cause other than those set forth in
section fourteen of this article and not due to vicious habits,
intemperance or willful misconduct on his or her part; and (2) in
the opinion of the board, he or she is by reason of the disability
unable to perform adequately the duties required of a deputy
sheriff, is entitled to receive and will be paid from the fund in
monthly installments during the lifetime of the member, or if
sooner until the member attains normal retirement age or until the
disability sooner terminates, either (b) or (c) of this section.
(b) If the member is totally disabled, sixty six and two
thirds percent of his or her average monthly compensation for the
twelve-month period preceding the disability, or the shorter
period, if the member has not worked twelve months.
(c) If the member is partially disabled, thirty three and one- third percent of his or her average monthly compensation for the
twelve-month period preceding the disability, or the shorter
period, if the member has not worked twelve months.
(d) If the member remains disabled until attaining sixty
years of age, then the member shall receive the retirement benefit provided for in sections eleven and twelve of this article.
. §7-14D-16.Same -- Physical examinations; termination of
disability.
(a) The board may require any member who has applied for or
is receiving disability benefits under this article to submit to a
physical examination, mental examination or both, by a physician or
physicians selected or approved by the board and may cause all
costs incident to the examination and approved by the Board to be
paid from the fund. The costs may include hospital, laboratory, X
ray, medical and physicians' fees. A report of the findings of any
such physician shall be submitted in writing to the board for its
consideration. If, from the report, independent information, or
from the report and any hearing thereon, the board is of the
opinion and finds that: (1) The member has become reemployed as a
law-enforcement officer; (2) two physicians who have examined the
member have found that considering the opportunities for law
enforcement in West Virginia, the member could be so employed; or
(3) other facts exist to demonstrate that the member is no longer
totally disabled or partially disabled as the case may be, then the
disability benefits shall cease. If the member was totally
disabled and is found to have recovered, the board shall determine
whether the member continues to be partially disabled. If the
board finds that the member is no longer totally disabled but is
partially disabled, then the member shall continue to receive partial disability benefits in accordance with this article.
Benefits shall cease once the member has been found to be no longer
either totally or partially disabled.
§7-14D-17. Prior disability.
Any deputy sheriff who became totally disabled as a result
of illness or injury incurred in the line of duty prior to the
effective date of this article may be a member of the plan at his
or her election and shall be entitled to disability, death and
retirement benefits under this article in lieu of any other
disability, death or retirement benefits provided by the state or
his or her county of employment: Provided, That the deputy would
have been eligible for disability under section fourteen of this
article had that section been effective at the time of the
disability. The amounts of the benefits shall be determined as if
the disability first commenced after the effective date of this
article with monthly compensation equal to that average monthly
compensation which the member was receiving in the plan year prior
to the initial disability.
§7-14D-18. Awards and benefits to surviving spouse -- When
member dies in performance of duty, etc.
(a) The surviving spouse of any member who, after the
effective date while in covered employment, has died or dies, by
reason of injury, illness or disease resulting from an occupational
risk or hazard inherent in or peculiar to the service required of members, while the member was or is engaged in the performance of
his or her duties as a deputy sheriff, or the survivor spouse of a
member who dies from any cause while receiving benefits pursuant to
section fourteen of this article, is entitled to receive and shall
be paid from the fund benefits as determined in subsection (b) of
this section: To the surviving spouse annually, in equal monthly
installments during his or her lifetime an amount equal to the
greater of: (i) Two thirds of the base salary received in the
preceding twelve-month period by the deceased member; or (ii) if
the member dies after his or her early or normal retirement age,
the monthly amount which the spouse would have received had the
member retired the day before his or her death, elected a one
hundred percent joint and survivor annuity with the spouse as the
joint annuitant, and then died.
Benefits for a surviving spouse received under this section,
section twenty and section twenty-one of this article shall be in
lieu of receipt of any other benefits under this article for the
spouse or any other person or under the provisions of any other
state retirement system based upon the member's covered employment.
§7-14D-19. Same -- When member dies from nonservice-connected
causes.
In any case where a member, while in covered employment after
the effective date, has died or dies from any cause other than
those specified in section eighteen of this article and not due to vicious habits, intemperance or willful misconduct on his or her
part, the fund shall pay annually in equal monthly installments to
the surviving spouse during his or her lifetime, a sum equal to the
greater of: (i) One half of the base salary received in the
preceding twelve-month employment period by the deceased member; or
(ii) if the member dies after his or her early or normal retirement
age, the monthly amount which the spouse would have received had
the member retired the day before his or her death, elected a one
hundred percent joint and survivor annuity with the spouse as the
joint annuitant, and then died. Where the member is receiving
disability benefits under section fourteen of this article at the
time of his or her death, the most recent monthly compensation
determined under section seventeen of this article shall be
substituted for base salary in (i) of this section.
Benefits for a surviving spouse received under this section,
section twenty and section twenty-one of this article shall be in
lieu of receipt of any other benefits under this article for the
spouse or any other person or under the provisions of any other
state retirement system based upon the member's covered employment.
§7-14D-20. Additional death benefits and scholarships --
Dependent children.
In addition to the spouse death benefits in sections eighteen
and nineteen of this article, the surviving spouse shall be
entitled to receive and there shall be paid to the spouse one hundred dollars monthly for each dependent child.
If the surviving spouse dies or if there is no surviving spouse,
the fund shall pay monthly to each dependent child a sum equal to
one fourth of the surviving spouse's entitlement under either
section nineteen or twenty of this article. If there is neither a
surviving spouse nor a dependent child, the fund shall pay in equal
monthly installments to the dependent parents of the deceased
member during their joint lifetimes a sum equal to the amount which
a surviving spouse, without children, would have received:
Provided, That when there is only one dependent parent surviving,
that parent is entitled to receive during his or her lifetime one- half the amount which both parents, if living, would have been
entitled to receive.
Any person qualifying as a dependent child under this, in
addition to any other benefits due under this or other sections of
this article, is entitled to receive a scholarship to be applied to
the career development education of that person. This sum, up to
but not exceeding six thousand dollars per year, shall be paid from
the fund to any university or college in this state or to any trade
or vocational school or other entity in this state approved by the
board, to offset the expenses of tuition, room and board, books,
fees or other costs incurred in a course of study at any of these
institutions so long as the recipient makes application to the
board on an approved form and under such rules as the board may provide, and maintains scholastic eligibility as defined by the
institution or the board. The Board may by appropriate rules
define age requirements, physical and mental requirements,
scholastic eligibility, disbursement methods, institutional
qualifications and other requirements as necessary and not
inconsistent with this section.
§17-14D-21. Burial benefit.
Any member who dies as a result of any service related illness
or injury after the effective date is entitled to a lump sum burial
benefit of five thousand dollars. If the member is married, the
burial benefit will be paid to the member's spouse. If the member
is not married, the burial benefit will be paid to the member's
estate for the purposes of paying burial expenses, settling the
member's final affairs, or both. Any unspent balance will be
distributed as a part of the member's estate. If the member is not
entitled to a death benefit under sections nineteen and twenty of
this article, then if greater, the amount payable to the member's
estate shall be his or her accumulated contributions.
§7-14D-22. Double death benefits prohibited.
A surviving spouse is not entitled to receive simultaneous death
benefits under this article as a result of the death of two or more
members to whom the spouse was married. Any spouse who becomes
eligible for a subsequent death benefit under this article while
receiving a death benefit under this article shall receive the higher benefit, but not both.
§7-14D-23. Loans to members.
A member who is not yet receiving disability or retirement
income benefits from the plan may borrow from the plan an amount up
to one half of his or her accumulated contributions, but not less
than five hundred dollars nor more than eight thousand dollars. No
loan may be made from the plan if the board determines that such
loans constitute more than fifteen percent of the amortized cost
value of the assets of the plan as of the last day of the preceding
plan year. The board may discontinue such loans any time it
determines that cash flow problems might develop as a result of the
loans. Each loan shall be repaid through monthly installments over
periods of six through sixty months and carry interest on the
unpaid balance and an annual effective interest rate that is two
hundred basis points higher than the most recent rate of interest
used by the board for determining actuarial contributions levels.
Monthly loan payments shall be calculated to be as nearly equal as
possible with all but the final payment being an equal amount. An
eligible member may make additional loan payments or pay off the
entire loan balance at any time without incurring any interest
penalty. At the member's option, the monthly loan payment may
include a level premium sufficient to provide declining term
insurance with the plan as beneficiary to repay the loan in full
upon the member's death. If a member declines such insurance and dies before the loan is repaid, the unpaid balance of the loan will
be deducted from the lump sum insurance benefit payable under
section twenty-one of this article.
A member with an unpaid loan balance who wishes to retire may
have the loan repaid in full by accepting retirement income
payments reduced by deducting from the actuarial reserve for the
accrued benefit the amount of the unpaid balance and then
converting the remaining of the reserve to a monthly pension
payable in the form of the annuity desired by the member.
§7-14D-24. Service as sheriff.
Any member who after the effective date is elected sheriff of a
county in West Virginia may elect to continue as a member in this
plan by paying the amounts required by section seven of this
article. Upon such election, service as a sheriff shall be treated
as covered employment and the sheriff is not entitled to any credit
for such service under any other retirement system of the state.
§7-14D-25. Exemption from taxation, garnishment and other
process.
The moneys in the fund and the right of a member, spouse or
other beneficiary to benefits under this article, to the return of
contributions, or to any retirement, death or disability payments
under the provisions of this article, are hereby exempt from any
state or municipal tax; are not subject to execution, garnishment,
attachment or any other process whatsoever
with the exception that such benefits are subject to a qualified domestic relations order
as that term is defined in section 414 (p) of the Internal Revenue
Code
; and are unassignable except as is provided in this article.
§7-14D-26. Fraud; penalties; and repayment.
Any person who knowingly makes any false statement or who
falsifies or permits to be falsified any record of the retirement
system in any attempt to defraud that system is guilty of a
misdemeanor and, upon conviction, shall be punished by a fine not
to exceed one thousand dollars, by confinement in the county or
regional jail not to exceed one year, or by both a fine and
confinement. Any increased benefit received by any person as a
result of the above shall be returned to the fund upon demand by
the board.
§7-14D-27. Credit toward retirement for member's prior military
service; credit toward retirement when member has joined armed forces in time of armed conflict.
(a) Any member who has previously served on active military
duty is entitled to receive additional years of service for the
purpose of determining his or her years of credited service for a
period equal to the active military duty not to exceed five years,
subject to the following:
(1) That he or she has been honorably discharged from the
armed forces;
(2) That he or she substantiates by appropriate documentation or evidence his or her period of active military duty; and
(3) That he or she is receiving no benefits from any other
retirement system for his or her active military duty.
(b) In addition, any member who while in covered employment
was commissioned, enlisted or inducted into the armed forces of the
United States or, being a member of the reserve officers' corps,
was called to active duty in the armed forces between the first day
of September, one thousand nine hundred forty, and the close of
hostilities in World War II, or between the twenty-seventh day of
June, one thousand nine hundred fifty, and the close of the armed
conflict in Korea on the twenty-seventh day of July, one thousand
nine hundred fifty-three, between the first day of August, one
thousand nine hundred sixty-four and the close of the armed
conflict in Vietnam, or during any other period of armed conflict
by the United States whether sanctioned by a declaration of war by
the Congress or by executive or other order of the president, is
entitled to and shall receive credited service, for a period equal
to the full time that he or she has or, pursuant to that
commission, enlistment, induction or call, shall have served with
the armed forces subject to the following:
(1) That he or she has been honorably discharged from the
armed forces;
(2) That within ninety days after honorable discharge from the
armed forces, he or she presented himself or herself to the county commission and offered to resume service as a deputy sheriff; and
(3) That he or she has made no voluntary act, whether by
reenlistment, waiver of discharge, acceptance of commission or
otherwise, to extend or participate in extension of the period of
service with the armed forces beyond the period of service for
which he or she was originally commissioned, enlisted, inducted or
called.
(c) The total amount of service allowable under subsections
(a) and (b) of this section may not exceed five years.
§7-14D-28.
Pro rata reduction of annuities.
Any provision in this article to the contrary notwithstanding,
if at the end of any fiscal year the total of the annuities paid
from the retirement fund during the said fiscal year is more than
ten percent of the sum of the balances in the fund at the end of
the said fiscal year, the said annuities payable in the next
ensuing fiscal year shall be reduced, pro rata, so that the sum of
the annuities so reduced shall not exceed ten percent of the sum of
the said balances in the fund. The said pro rata reduction shall
be applied to all annuities payable in the said ensuing fiscal
year.
§7-14D-29. Effective date; special starting date for benefits
The provisions of this article shall become effective the
first day of July, one thousand nine hundred ninety-eight:
Provided, That no payout of any benefits may be made to any person prior to the first day of January, two thousand: Provided however,
That members who retired due to a disability may begin receiving
the benefits at the rate and in the amount specified in either
section fourteen or section fifteen of this article, as the case
may be, from this fund after the thirtieth day of June, one
thousand nine hundred ninety-nine: Provided further, That until the
thirtieth day of June, one thousand nine hundred ninety-nine, those
members who retired due to a disability may draw benefits from this
fund at the rate and in the amount set forth in section twenty- five, article ten, chapter five of this code.
§7-14D-30.Limitation of county liability.
No county which has timely met all of its obligations under
this article may be liable for any payments or contributions to the
deputy sheriff retirement plan which are owed to the plan by
another county or counties. No county commission may deposit funds
into the deputy sheriff retirement fund in excess of the amount
specified in section seven of this article, the fees set forth in
article fourteen-e of this chapter and the fees set forth in
section seventeen, article three, chapter seventeen-a of this code.
ARTICLE 14E. ESTABLISHMENT OF CERTAIN FEES; DEDICATION OF FEE TO
DEPUTY SHERIFF RETIREMENT SYSTEM.
§7-14E-1. Legislative findings and purpose.
The Legislature hereby finds and declares that the
preservation of peace is a necessary and important function and a requirement for an orderly society. This important function is
carried on throughout the State of West Virginia at both the state
and local level. A very important component of law enforcement in
this State are the county sheriffs and their deputies.
The Legislature, cognizant that it has enacted retirement
legislation for municipal police officers and for the state police,
declares that deputy sheriffs are now in need of the same. The
Legislature further declares that the deputy sheriffs of this state
are professional law enforcement officers who keep the peace, help
and protect the citizens of this state. The Legislature finds
that, when it comes to retirement, the deputy sheriffs are treated
differently than other law enforcement officers in this state.
For the foregoing reasons, and for other important reasons,
the Legislature created the deputy sheriffs retirement system. The
fees established in this article are to help ensure the actuarial
soundness of the deputy sheriff retirement system.
§7-14E-2. Statewide uniform fees for reports generated by
Sheriff's offices; dedication of fees.
(a) Effective the first day of July, one thousand nine
hundred ninety-eight, the county commission of each county in this
state shall set a fee for obtaining certain reports. This fee
shall be set at a minimum of ten dollars for each report, with a
maximum of twenty dollars for each report. Ten dollars of the
charge for each report shall be deposited
into the deputy sheriff retirement fund created in section six, article fourteen-d, chapter
seven of this code
. The reports for which a charge may be made are
traffic accident reports, criminal investigation reports, incident
reports and property reports.
(b) Effective the first day of July, one thousand nine hundred
ninety-eight, all sheriff offices in this state shall collect a fee
of five dollars for performing the following services: adult
private employment fingerprinting; fingerprinting for federal
firearm permits; motor vehicle number identification; adult
identification card and photo- identification card. Upon
collection, these fees shall be deposited
into the deputy sheriff
retirement fund created in section six, article fourteen-d, of this
chapter
.
(c) Effective the first day of July, one thousand nine
hundred ninety-eight, all sheriff offices in this state shall
collect a fee of five dollars for each non-governmental background
investigation report. Upon collection, these fees shall be
deposited
into the deputy sheriff retirement fund created in
section six, article fourteen-d, chapter seven of this code
.
(d)No charge may be made under this section for any
report or reports made to governmental agencies.
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION,
CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.
ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF CERTIFICATES OF TITLE.
§17A-3-17. Application for and renewal of registration; sheriffs
authorized to issue renewals of registration for certain
vehicles.
Application for renewal of a vehicle registration shall be
made by the vehicle owner by proper application and payment of
taxes and registration fees provided by law.
The department may receive applications for renewal of any
vehicle registration and each sheriff
may shall receive
applications from residents in his county for renewal of any Class
A or G vehicle registration:
Provided, That Class A vehicle
registrations for trucks with gross weights of not more than eight
thousand pounds may not be received for renewal by a sheriff until
the first day of January, one thousand nine hundred eighty. The
department and each sheriff shall issue the renewals of
registration each receives, respectively, in accordance with all of
the provisions in this article pertaining to renewal of vehicle
registration including, but not limited to, the payment of the
taxes and fees required thereunder.
Each sheriff shall charge a service fee of one dollar for each
renewal of a Class A or G vehicle registration he issues
. Effective
the first day of July, one thousand nine hundred ninety-eight the
sheriff shall pay one-half of this fee which he shall pay into the
county general fund.
The sheriff shall pay the remaining one-half of this fee into the deputy sheriff retirement fund created in
section six, article fourteen-d, chapter seven of this code.
On the first day of each month, each sheriff shall pay over to
the commissioner all fees he collected during the preceding month
for renewal of Class A and G vehicle registrations, except his
service fees. Such payment shall be accompanied by a report
showing the name of the county, the name and address of the person
who obtained the registration and paid the registration fee
therefor, the vehicle registered, the registration number, the date
the registration was issued, the signature of the sheriff and any
other information the commissioner may reasonably require in order
to maintain the functions and records of the department. The
commissioner shall deposit all fees he receives from the sheriffs
for renewal of Class A and G vehicle registrations in the state
treasury to the credit of the state road fund as provided in
section twenty-one, article two of this chapter.
The commissioner shall provide each sheriff with the necessary
forms, supplies, registration plates, registration decals and
instructions necessary to enable them to perform the duties and
functions specified in this section.
No person may display upon a vehicle a new registration plate
or registration decal prior to the first day of the month preceding
the new registration period.