COMMITTEE SUBSTITUTE
FOR
H. B. 4276
(By Delegates Heck, Claypole and Willison)
[Originating in the Committee on Political Subdivisions]
[February 19, 1998]
A BILL to amend and reenact section eighteen, article twenty-two,
chapter eight of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to retirement
benefits for municipal employees; board of trustees of the
policemen's pension and relief fund; and including retired
members in election process.
Be it enacted by the Legislature of West Virginia:
That section eighteen, article twenty-two, chapter eight of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
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.
§8-22-18. Members of board of trustees; how elected; presiding
officers; secretary.
The board of trustees of the policemen's pension and relief fund shall consist of the mayor of the municipality and four
members
or retired members of the paid police department, to be
chosen as hereinafter
in this section specified. The mayor of
such municipality shall give notice of an election to be held on
the second Monday of the month following the adoption of the
ordinance providing for the establishment and maintenance of such
fund, which notice shall be served upon each member of the paid
police department and
all retired members which shall notify each
member that between the hours of nine
in the forenoon o'clock
a.m. and six
in the afternoon o'clock p.m., on the day designated
for such election, an election will be held for such purpose and
that each member
and retired member shall furnish in writing the
names of four members
or retired members of the paid police
department voted for; and all votes so cast shall be counted and
canvassed by the mayor and the governing body for the first
election, and thereafter the votes shall be counted by the then
existing members of such board, who after such election shall
announce the results, and the four members
or retired members of
the paid police department receiving the highest number of votes
shall, with the mayor, constitute "The Board of Trustees of the
Policemen's Pension and Relief Fund of (name of municipality)."
As to the first election held following the adoption of the
ordinance providing for the establishment and maintenance of such
fund, the member receiving the highest number of votes shall
serve for a period of four years, the member receiving the second
highest number of votes shall serve for a period of three years,
the member receiving the third highest number of votes shall serve for a period of two years, and the member receiving the
fourth highest number of votes shall serve for a period of one
year. After such first election, the board shall hold a similar
election each year to elect one member to succeed, for a term of
four years, the retiring member. In the case of a tie vote being
received by any two individuals for the office of trustee, such
tie vote shall be decided by casting lots, or in any other way
which may be agreed upon by the individuals for whom such tie
vote was cast. The results of such election shall be entered in
the record of the proceedings of the board and the members so
elected shall, except as hereinabove specified with respect to
the first election, serve for four years and until their
successors are elected and have qualified. The election for such
members of the board of trustees shall be held annually upon the
second Monday of the same month during which the first election
was held. In case of a vacancy by death, resignation, or
otherwise, among the members so elected, the remaining members of
the board shall choose the successor, or successors, until the
next annual election at which latter time all vacancies shall be
filled.
The board of trustees of the firemen's pension and relief
fund shall consist of the mayor of the municipality and four
members
or retired members of the paid fire department, to be
chosen in the same manner and for such terms as is provided above
in this section for the election of policemen
or retired
policemen to the policemen's pension and relief fund board of
trustees.
The presiding officer of any such board of trustees shall be
the mayor of the municipality, and the secretary
thereof shall be
appointed chosen by the board. It
shall be is the duty of
such
the secretary to keep a full and permanent record of
all of the
proceedings of the board, and
said the trustees may fix the
secretary's compensation
for this work, which shall be paid out
of the
funds of said policemen's pension and relief fund or
firemen's pension and relief fund, as
the case may be
appropriate.
NOTE: The purpose of this bill is to permit retired members
of police or fire departments to vote for and serve on the board
of Trustees of the Policemen's or Firemen's Pension and Relief
Fund.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.