SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home
Introduced Version - Originating in Committee House Bill 4600 History

OTHER VERSIONS  -  Enrolled Version - Final Version  |     |  Email
Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2020 regular session

Originating

House Bill 4600

By Delegates Graves, Nelson, Anderson, Pethtel and Evans

[Originating in the Committee on Pensions and Retirement; Reported on January 28, 2020.]


 

A BILL amend and reenact §8-22-26 of the Code of West Virginia, 1931, as amended, relating to the definition of the term member for the purpose of distributing premium tax proceeds through the Municipal Pensions Security Fund to municipal policemen’s and firemen’s pension and relief funds.

Be it enacted by the Legislature of West Virginia:


§8-22-26. Death benefits.

(a) In case:

(1) Any member of a paid police or fire department who has been in continuous service for more than five years dies from any cause other than as specified in subsection (b) of this section before retirement on a disability pension under the provisions of, prior to July 1, 1981, section twenty-four of this article, or after June 30, 1981, sections twenty-three-a and twenty-four of this article §8-22-23a and §8-22-24 of this code, or a retirement pension under the provisions of subsection (a) or both subsections (a) and (b), section twenty-five of this article §8-22-25(a) or §8-22-25(a) and §8-22-25(b) of this code, leaving in either case surviving a spouse, or any dependent child or children under the age of eighteen years, or dependent father or mother or both, or any dependent brothers or sisters or both under the age of eighteen years, or any dependent child over the age of eighteen years of age who is totally physically or mentally disabled so long as such condition exists; or

(2) Any former member of any such department who is on a disability pension prior to July 1, 1981, under section twenty-four of this article, or after June 30, 1981, under sections twenty-three-a and twenty-four of this article §8-22-23a and §8-22-24 of this code, or is receiving or is entitled to receive retirement pension benefits under the provisions of subsection (a) or both subsections (a) and (b), section twenty-five of this article §8-22-25(a) or §8-22-25(a) and §8-22-25(b) of this code, dies from any cause other than as specified in subsection (b) of this section leaving in either case surviving a spouse or any dependent child or children under the age of eighteen years or dependent father or mother or both, or any dependent brothers or sisters or both under the age of eighteen years, or any dependent child over the age of eighteen years of age who is totally physically or mentally disabled so long as such condition exists; then in any of the cases set forth above in subdivisions (1) and (2) of this subsection, the board of trustees of such pension and relief fund shall, immediately following the death of such the member, pay to or for each of such entitled surviving dependents the following pension benefits: To such the surviving spouse, until death or remarriage, a sum per month equal to sixty percent of such the member’s pension or, in the event such the member was not receiving a pension at the time of his the member’s death, a sum per month equal to sixty percent of the monthly retirement pension such member would have been entitled to receive pursuant to section twenty-five of this article  §8-22-25 of this code on the date of his the member’s death if such the member had then been eligible for a retirement pension thereunder, or the sum of $300 per month, whichever is greater; to each such dependent child, a sum per month equal to twenty percent of such the member’s pension or, in the event such the member was not receiving a pension on the date of his the member’s death, a sum per month equal to twenty percent of the monthly retirement pension such the member would have been entitled to receive pursuant to section twenty-five of this article §8-22-25 of this code on the date of his the member’s death if such the member had then been eligible for a retirement pension thereunder, or until such the child attains the age of eighteen years or marries, whichever first occurs; to each such dependent orphaned child, a sum per month equal to twenty-five percent of such the member’s pension or, in the event such the member was not receiving a pension at the time of his the member’s death, a sum per month equal to twenty-five percent of the monthly retirement pension such the member would have been entitled to receive pursuant to section twenty-five of this article §8-22-25 of this code on the date of his the member’s death if such the member had then been eligible for a retirement pension thereunder, until such the child attains the age of eighteen years or marries, whichever first occurs; to each such dependent orphaned child, a sum per month equal to twenty-five percent of such the member’s pension or, in the event such the member was not receiving a pension on the date of his the member’s death, a sum per month equal to twenty-five percent of the monthly retirement pension such the member would have been entitled to receive pursuant to section twenty-five of this article §8-22-25 of this code on the date of his the member’s death if such the member had then been eligible for a retirement pension thereunder, until such the child attains the age of eighteen years or marries, whichever first occurs; to each such dependent father or mother, a sum per month for each equal to ten percent of such the member’s pension or, in the event such the member was not receiving a pension on the date of his the member’s death, a sum per month equal to ten percent of the monthly retirement pension such the member would have been entitled to receive pursuant to section twenty-five of this article §8-22-25 of this code on the date of his the member’s death if such the member had then been eligible for a retirement pension thereunder; to each such dependent brother or sister, the sum of $50 per month until such individual he or she attains the age of eighteen years or marries, whichever first occurs, but in no event shall the aggregate amount paid to such all brothers and sisters of the member exceed $100 per month. If at any time, because of the number of dependents, all such dependents cannot be paid in full as herein provided, then each dependent shall receive his or her pro rata share of such the payments. In no case shall the payments to the surviving spouse and children be cut below sixty-five percent of the total amount paid to all dependents.

(b) The surviving spouse, child or children, or dependent father or mother, or dependent brothers or sisters, of any such member who dies by reason of service rendered in the performance of such the member’s duties shall, regardless of the length of such the member’s service and irrespective of whether such the member was or was not entitled to receive, or was or was not receiving, disability pension or temporary disability payments at the time of his the member’s death, receive the death benefits provided for in subsection (a) of this section. If such the member had less than three years’ service at the time of his the member’s death, the member’s pension shall be computed on the basis of the actual number of years of service.

(c) If a member dies without leaving a spouse, dependent child or children, or dependent father or mother, or dependent brothers or sisters, his the member’s contributions to the fund plus six percent interest shall be refunded to his the member’s named beneficiary or, if no beneficiary has been named, to his the member’s estate to the extent that such the contributions plus interest exceed any disability or retirement benefits that he the member may have received before his the member’s death.

(d) The provisions of this section shall not be construed as creating or establishing any contractual or vested rights in favor of any individual who may be or become qualified as a beneficiary of the death benefits herein authorized to be made, all pursuant to this section.  All the provisions hereof of this section and benefits provided for hereunder being pursuant to this section are expressly subject to such subsequent legislative enactments as may provide for any change, modification or elimination of the beneficiaries or benefits specified herein.

(e) Notwithstanding the provisions of section twenty-four of this article §8-22-24 of this code, the benefit provided for in this section shall be calculated as if the member had remained unemployed throughout any period of disability.

(f)   For the purpose of distributing premium tax proceeds as required by §33-3-14d of this code, one beneficiary of the death benefit authorized by this section shall be included in the average monthly number of retired police officers and firefighters.


 

NOTE: The purpose of this bill is to include a retirant beneficiary in calculating the distribution of insurance premiums for municipal policemen’s or firemen’s pension and relief funds.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Email WebmasterWebmaster   |   © 2024 West Virginia Legislature **


X

Print On Demand

Name:
Email:
Phone:

Print