ENROLLED
COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 237
(By Senators Burdette, Mr. President, Boley,
Anderson, Chafin, Chernenko, Claypole, Craigo,
Dittmar, Humphreys, Jones, Lucht, Manchin,
Miller, Minard, Ross, Schoonover, Sharpe,
Tomblin, Walker, Wehrle, Whitlow, Wiedebusch,
Withers and Wooton, By Request of the Executive)
___________
[Passed March 12, 1994; to take effect July 1, 1994.]
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AN ACT to amend article ten, chapter five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section twenty-
two-e; and to amend and reenact section thirty-one of said
article, relating to the public employees retirement act;
providing supplemental benefits for retirees under specified
conditions; employers accumulation fund; employer
contributions; requiring the consolidated public retirement
board to promulgate legislative rules relating to the amount
of employer contributions; allowing for emergency rule
promulgation under certain conditions; and maintaining a cap
on the percentage rate of contributions by employers.
Be it enacted by the Legislature of West Virginia:
That article ten, chapter five of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new section, designated section twenty-two-e;
and that section thirty-one of said article be amended and
reenacted, all to read as follows:
ARTICLE 10. WEST VIRGINIA PUBLIC EMPLOYEES RETIREMENT ACT.
§5-10-22e. Supplemental benefits for retirees effective July 1,
1994; calculation of benefits and conditions of
payment.
(a) A supplement to retirement benefits provided shall be
paid prospectively to all eligible annuitants who have been
retired prior to the thirty-first day of December, one thousand
nine hundred ninety-two, which supplement shall become effective
on the first day of July, one thousand nine hundred ninety-four.
The calculation of such supplement for each annuitant shall be
based upon the number of full increments as set forth in
subsections (b) through (k) of this section that the annuitant
has maintained his or her retired status since the original date
of the commencement of his or her retirement, and shall equal the
sum of the applicable percentages credited for such increments as
set forth in the applicable subsections of this section. Any
such supplement shall be paid in pro rata monthly installments.
(b) The total amount of the supplement due to qualified
annuitants who retired during the period commencing on the firstday of April, one thousand nine hundred eighty-eight, and ending
on the thirty-first day of December, one thousand nine hundred
ninety-two, shall be three percent of their retirement benefit
including any supplemental benefits provided on or before the
first day of July, one thousand nine hundred seventy-four:
Provided,
That annuitants who retired during the period set
forth in this subsection shall be required to elect between
receiving the supplemental benefit provided in this section or
any incentives provided in section twenty-two-c of this article
or any other supplements provided in this article:
Provided,
however,
That the consolidated public retirement board shall
provide written notification to members eligible for the benefit
provided in this subsection of the availability and terms of the
benefit provided in this subsection and members electing to
select this benefit in lieu of any other incentive the member has
or is receiving shall submit an application for the benefit on
the form prescribed by the board.
(c) The total amount of the supplement due to qualified
annuitants who retired during the period commencing on the first
day of July, one thousand nine hundred eighty-five, and ending on
the thirty-first day of March, one thousand nine hundred eighty-
eight, shall be five percent of their retirement benefit
including any supplemental benefits provided on or before the
first day of July, one thousand nine hundred seventy-four, plus
the amount of the percentage supplement provided in subsection
(b) of this section.
(d) The total amount of the supplement due to qualified
annuitants who retired during the period commencing on the firstday of July, one thousand nine hundred eighty-two, and ending on
the thirtieth day of June, one thousand nine hundred eighty-five,
shall be five percent of their retirement benefit including any
supplemental benefits provided on or before the first day of
July, one thousand nine hundred seventy-four, plus the amount of
the percentage supplements provided in subsections (b) and (c) of
this section.
(e) The total amount of the supplement due to qualified
annuitants who retired during the period commencing on the first
day of July, one thousand nine hundred seventy-nine, and ending
on the thirtieth day of June, one thousand nine hundred eighty-
two, shall be sixteen percent of their retirement benefit
including any supplemental benefits provided on or before the
first day of July, one thousand nine hundred seventy-four, plus
the amount of the percentage supplements provided in subsections
(b), (c) and (d) of this section.
(f) The total amount of the supplement due to qualified
annuitants who retired during the period commencing on the first
day of July, one thousand nine hundred seventy-six, and ending on
the thirtieth day of June, one thousand nine hundred seventy-
nine, shall be sixteen percent of their retirement benefit
including any supplemental benefits provided on or before the
first day of July, one thousand nine hundred seventy-four, plus
the amount of the percentage supplements provided in subsections
(b), (c), (d) and (e) of this section.
(g) The total amount of the supplement due to qualified
annuitants who retired during the period commencing on the first
day of July, one thousand nine hundred seventy-three, and endingon the thirtieth day of June, one thousand nine hundred seventy-
six, shall be sixteen percent of their retirement benefit
including any supplemental benefits provided on or before the
first day of July, one thousand nine hundred seventy-four, plus
the amount of the percentage supplements provided in subsections
(b), (c), (d), (e) and (f) of this section.
(h) The total amount of the supplement due to qualified
annuitants who retired during the period commencing on the first
day of July, one thousand nine hundred seventy, and ending on the
thirtieth day of June, one thousand nine hundred seventy-three,
shall be twenty-four percent of their retirement benefit
including any supplemental benefits provided on or before the
first day of July, one thousand nine hundred seventy-four, plus
the amount of the percentage supplements provided in subsections
(b), (c), (d), (e), (f) and (g) of this section.
(i) The total amount of the supplement due to qualified
annuitants who retired during the period commencing on the first
day of July, one thousand nine hundred sixty-seven, and ending on
the thirtieth day of June, one thousand nine hundred seventy,
shall be twenty-four percent of their retirement benefit
including any supplemental benefits provided on or before the
first day of July, one thousand nine hundred seventy-four, plus
the amount of the percentage supplements provided in subsections
(b), (c), (d), (e), (f), (g) and (h) of this section.
(j) The total amount of the supplement due to qualified
annuitants who retired during the period commencing on the first
day of July, one thousand nine hundred sixty-four, and ending on
the thirtieth day of June, one thousand nine hundred sixty-seven,shall be twenty-four percent of their retirement benefit
including any supplemental benefits provided on or before the
first day of July, one thousand nine hundred seventy-four, plus
the amount of the percentage supplements provided in subsections
(b), (c), (d), (e), (f), (g), (h) and (i) of this section.
(k) The total amount of the supplement due to qualified
annuitants who retired during the period commencing on the first
day of July, one thousand nine hundred sixty-one, and ending on
the thirtieth day of June, one thousand nine hundred sixty-four,
shall be twenty-four percent of their retirement benefit
including any supplemental benefits provided on or before the
first day of July, one thousand nine hundred seventy-four, plus
the amount of the percentage supplements provided in subsections
(b), (c), (d), (e), (f), (g), (h), (i) and (j) of this section.
(l) For each annuitant, a preliminary supplement shall be
computed on the basis of the original annual benefit including
any supplemental benefits provided on or before the first day of
July, one thousand nine hundred seventy-four, received by the
original retiree as provided by subsections (b) through (k) of
this section, inclusive. This preliminary supplement shall be
calculated only on amounts up to, but not exceeding, the first
five thousand four hundred dollars of the original annual
retirement benefit paid including any supplement provided on or
before the first day of July, one thousand nine hundred
seventy-four.
(m) Each annuitant shall receive as that annuitant's
supplement under this section an amount equal to the preliminary
supplement or a supplement as calculated in subsections (n) and(o) of this section as appropriate.
(n) Each survivor beneficiary shall receive as that survivor
beneficiary's supplement under this section an amount equal to
that pro rata share of that survivor beneficiary's preliminary
supplement, as defined above, as such survivor beneficiary's
benefit, without regard to any supplements, constitutes as a pro
rata share of the original benefit of the original retiree:
Provided,
That for any person who becomes a survivor beneficiary,
after the first day of July, one thousand nine hundred
ninety-four, the benefit provided under this section shall be
recomputed under the provisions of this subsection.
(o) Each disabled retiree shall receive as that disabled
retiree's supplement under this section that pro rata share of
that disabled retiree's preliminary supplement, as defined above,
as such disabled retiree's current benefit, without regard to any
supplements, constitutes as a pro rata share of that disabled
retiree's original benefit:
Provided,
That any disabled retiree
scheduled under the terms of the retirement system to have a
benefit recomputed at some time subsequent to the effective date
of this section will, at the time of that recomputation, also
have the supplemental benefit recomputed under the terms of the
preceding sentence.
(p) Any supplemental benefit computed under this section
shall only be paid in lieu of, and not in addition to, the
payment of any prior supplemental benefit amounts or incentives
provided by law after the first day of July, one thousand nine
hundred seventy-four, which are currently being paid:
Provided,
That any annuitant receiving a supplemental benefit greater thanthat provided in this section shall continue to receive the
current supplemental benefits.
(q) The supplement provided in this section shall be
recalculated on a pro rata basis of the preliminary supplement
whenever the original annuity amount is adjusted due to the death
or disability of an annuitant or any other event.
§5-10-31. Employers accumulation fund; employers contributions.
(a) The employers accumulation fund is hereby continued. It
shall be the fund in which shall be accumulated the contributions
made by the participating public employers to the retirement
system, and from which transfers shall be made as provided in
this section.
(b) Based upon the provisions of section thirteen of this
article, the participating public employers' contributions to the
retirement system, as determined by the consolidated public
retirement board by legislative rule promulgated in accordance
with the provisions of article three, chapter twenty-nine-a of
this code, shall be a percent of the members' total annual
compensation related to benefits under this retirement system.
In determining the amount, the board shall give consideration to
setting the amount at a sum equal to an amount which, if paid
annually by the participating public employers, will be
sufficient to provide for the total normal cost of the benefits
expected to become payable to all members and to amortize any
unfunded liability found by application of such actuarial funding
method as shall be chosen for such purpose by the consolidated
public retirement board, over such a period of years as shall be
deemed actuarially appropriate. When proposing a rule forpromulgation which relates to the amount of employer
contribution, the board may promulgate rules by emergency
pursuant to the provisions of article three, chapter
twenty-nine-a, if the inability of the board to increase employer
contributions will detrimentally affect the actuarial soundness
of the retirement system. A signed statement from the state
actuary will accompany the statement of facts and circumstances
constituting an emergency which must be filed in the state
register. For purposes of this section, subdivision (2),
subsection (b), section fifteen-a, article three, chapter
twenty-nine-a of this code shall not be applicable to the
secretary of state's determination of whether an emergency rule
should be approved.
In no year may the total of the contributions provided for
in this section, to be paid by any participating public employer,
exceed ten and five-tenths percent of the total payroll for the
members in the employ of such participating public employer for
the preceding fiscal year.
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