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SB415 SUB1 Senate Bill 415 History

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SB415 SUB1
COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 415

(By Senators Foster, Wells, Unger and Minard)

____________

[Originating in the Committee on Military;

reported March 16, 2009.]

____________


A BILL to amend and reenact §5-10-15 of the Code of West Virginia, 1931, as amended; to amend and reenact §15-2A-19 of said code; to amend and reenact §18-7A-17 of said code; to amend said code by adding thereto a new section, designated §18-7A-17a; to amend and reenact §18-7B-8a and §18-7B-11 of said code; and to amend and reenact §51-9-4 and §51-9-6 of said code, all relating to providing up to twenty-four months of military service credit for the time served in active military duty to any qualified member of the West Virginia Public Employees Retirement Act, the West Virginia State Police Retirement System, the State Teachers Retirement System, the Teachers' Defined Contribution Retirement System and the Judges' Retirement System hired for the first time on or after July 1, 2009, or for any qualified member who is not vested on June 30, 2009.

Be it enacted by the Legislature of West Virginia:
That §5-10-15 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §15-2A-19 of said code be amended and reenacted; that §18-7A-17 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §18-7A-17a; that §18-7B-8a and §18-7B-11 of said code be amended and reenacted; and that §51-9-4 and §51-9-6 of said code be amended and reenacted, all to read as follows:
CHAPTER 5. GENERAL POWERS OF AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.

ARTICLE 10. WEST VIRGINIA PUBLIC EMPLOYEES RETIREMENT ACT.
§5-10-15. Military service credit; qualified military service.
(a) (1) The Legislature recognizes the men and women of this state who have served in the Armed Forces of the United States during times of war, conflict and danger. It is the intent of this section to confer military service credit upon persons who are eligible at any time for public employees retirement benefits for any time served in active military duty in the Armed Forces of the United States when the duty was during any period of compulsory military service or during a period of armed conflict, as defined in this section upon members who are eligible for public employees retirement benefits whether or not he or she was a public employee at the time of entering the military service.
(2) In addition to any benefit provided by federal law, any member of the retirement system who has previously served in or enters the active service of the Armed Forces of the United States during any period of compulsory military service or during a period of armed conflict shall receive credited service for the time spent in the Armed Forces of the United States, not to exceed five years if the member:
(A) Has been honorably discharged from the Armed Forces; and
(B) Substantiates by appropriate documentation or evidence his or her active military service and entry into military service during any period of compulsory military service or during periods of armed conflict.
(3) Any member of the retirement system who enters the active service of the Armed Forces of the United States during any period of compulsory military service or during a period of armed conflict shall receive the credit provided by this section regardless of whether he or she was a public employee at the time of entering the military service.
(4) If a member of the Public Employees Retirement System enters the active service of the United States and serves during any period of compulsory military service or during any period of armed conflict, during the period of the armed service and until the member's return to the employ of a participating public employer, the member's contributions to the retirement system is suspended and any credit balance remaining in the member's deposit fund shall be accumulated at regular interest: Provided, That notwithstanding any provision in this article to the contrary, if an employee of a participating political subdivision serving in the military service during any period of compulsory military service or armed conflict has accumulated credited service prior to the last entry into military service, in an amount that, added to the time in active military service while an employee equals nine or more years, and the member is unable to resume employment with a participating employer upon completion of duty due to death during or as a result of active service, all time spent in active military service, up to and including a total of five years, is considered to be credited service and death benefits are vested in the member: Provided, however, That the active service during the time the member is an employee must be as a result of an order or call to duty, and not as a result of volunteering for assignment or volunteering to extend the time in service beyond the time required by order or call.
(5) No member may receive duplicate credit for service for a period of compulsory military service which falls under a period of armed conflict.
(6) In any case of doubt as to the period of service to be credited a member under the provisions of this section, the board of trustees have final power to determine the period.
(7) The Board may consider a petition by any member whose tour of duty, in a territory that would reasonably be considered hostile and dangerous, was extended beyond the period in which an armed conflict was officially recognized, if that tour of duty commenced during a period of armed conflict, and the member was assigned to duty stations within the hostile territory throughout the period for which service credit is being sought. The Board has the authority to evaluate the facts and circumstances peculiar to the petition, and rule on whether granting service credit for the extended tour of duty is consistent with the objectives of this article. In that determination, the board may grant full credit for the period under petition subject to the limitations otherwise applicable, or to grant credit for any part of the period as the board considers appropriate, or to deny credit altogether.
(8) The Board of Trustees may propose legislative rules for promulgation in accordance with the provisions of article three, chapter twenty-nine-a of this code to administer the provisions of this section.
(b) For the purposes of this section, the following definitions apply:
(1) "Period of armed conflict" means the Spanish-American War, the Mexican border period, World War I, World War II, the Korean conflict, the Vietnam era, the Persian Gulf War and any other period of armed conflict by the United States, including, but not limited to, those periods sanctioned by a declaration of war by the United States Congress or by executive or other order of the President.
(2) "Spanish-American War" means the period beginning on the twenty-first day of April, one thousand eight hundred ninety-eight, and ending on the fourth day of July, one thousand nine hundred two, and includes the Philippine Insurrection, the Boxer Rebellion, and in the case of a veteran who served with the United States Military forces engaged in hostilities in the Moro Province, means the period beginning on the twenty-first day of April, one thousand eight hundred ninety-eight, and ending on the fifteenth day of July, one thousand nine hundred three.
(3) "The Mexican border period" means the period beginning on the ninth day of May, one thousand nine hundred sixteen, and ending on the fifth day of April, one thousand nine hundred seventeen, in the case of a veteran who during the period served in Mexico, on its borders or in the waters adjacent to it.
(4) "World War I" means the period beginning on the sixth day of April, one thousand nine hundred seventeen, and ending on the eleventh day of November, one thousand nine hundred eighteen, and in the case of a veteran who served with the United States Military forces in Russia, means the period beginning on the sixth day of April, one thousand nine hundred seventeen, and ending on the first day of April, one thousand nine hundred twenty.
(5) "World War II" means the period beginning on the seventh day of December, one thousand nine hundred forty-one, and ending on the thirty-first day of December, one thousand nine hundred forty-six.
(6) "Korean conflict" means the period beginning on the twenty-seventh day of June, one thousand nine hundred fifty, and ending on the thirty-first day of January, one thousand nine hundred fifty-five.
(7) "The Vietnam era" means the period beginning on the twenty-eighth day of February, one thousand nine hundred sixty-one, and ending on the seventh day of May, one thousand nine hundred seventy-five, in the case of a veteran who served in the Republic of Vietnam during that period; and the fifth day of August, one thousand nine hundred sixty-four, and ending on the seventh day of May, one thousand nine hundred seventy-five, in all other cases.
(8) "Persian Gulf War" means the period beginning on the second day of August, one thousand nine hundred ninety, and ending on the eleventh day of April, one thousand nine hundred ninety-one.
(1) "Active military duty" means full-time duty in the active military service of the United States Army, Navy, Air Force, Coast Guard or Marine Corps. This term includes regularly required training or other duty performed by a member of a reserve component or National Guard if the member can establish that he or she has served at least three years of service as set forth in subsection (f) of this section.
(2) "Actuarial reserve lump sum purchase amount" means the purchase annuity rate multiplied by the purchase accrued benefit. The purchase annuity rate is the actuarial lump sum annuity factor calculated on a monthly basis based on the following actuarial assumptions: interest rate of seven and a half percent; mortality of the 1971 group annuity mortality table, fifty percent blended male and female rates, applied on a unisex basis to all members; if purchase age is under age sixty, a deferred annuity factor with payments commencing at age sixty; and if purchase age is sixty or over, an immediate annuity factor with payments starting at the purchase age. The purchase accrued benefit is two percent times the purchase military service times the purchase average monthly salary. The purchase military service is the amount of military service being purchased by the employee as a fraction of a year up to a one year maximum. The purchase average monthly salary is the final average monthly salary of the employee at the beginning of the month which is three months prior to the purchase month as if the employee terminated employment on that date. The purchase month is the month in which the employee deposits the actuarial reserve lump sum purchase amount into the plan trust fund in full payment of the service being purchased. The purchase age is the attained age of the employee in years and completed months as of the first day of the purchase month.
(3) "Compulsory military service" means service during the period of time in which the federal Selective Service Act was in effect.
(4) "Korean conflict" means the period beginning on June 27, 1950, and ending on January 31, 1955.
(5) "Month of service" means any month in which the member served in active military duty for at least one half of the calendar month.
(6) "Operation Noble Eagle" means the period beginning on September 11, 2001, and ending on June 30, 2009.
(7) "Period of armed conflict" means World War I, World War II, the Korean conflict, the Vietnam era, the Persian Gulf War, and Operation Noble Eagle.
(8) "Persian Gulf War" means the period beginning on August 2, 1990, and ending on April 11, 1991.
(9) "Selective Service Act" means the period beginning on September 16, 1940, and ending on July 1, 1973.
(10) "Vested" means five or more years of contributory service for which contributions have been made and remain on deposit. Any withdrawn contributions that have been reinstated in full by June 30, 2009 shall apply toward vesting.
(11) "The Vietnam era" means the period beginning on February 28, 1961, and ending on May 7, 1975, in the case of a veteran who served in the Republic of Vietnam during that period; and August 5, 1964, and ending on May 7, 1975, in all other cases.
(12) "World War I" means the period beginning on April 6, 1917, and ending on November 11, 1918, and in the case of a veteran who served with the United States Military forces in Russia, means the period beginning on April 6, 1917, and April 1, 1920.
(13) "World War II" means the period beginning on December 7, 1941, and ending on December 31, 1946.
(C) Notwithstanding the preceding provisions of this section, contributions, benefits and service credit with respect to qualified military service shall be provided in accordance with Section 414(u) of the Internal Revenue Code. For purposes of this section, "qualified military service" has the same meaning as in Section 414(u) of the Internal Revenue Code. No military service credit may be used in more than one retirement system administered by the Consolidated Public Retirement Board and once used in any system, may not be used again in any other system. The Board is authorized to determine all questions and make all decisions relating to this section and, pursuant to the authority granted to the board in section one, article ten-d of this chapter, may promulgate rules relating to contributions, benefits and service credit to comply with Section 414(u) of the Internal Revenue Code.
(c) Members who are eligible to receive credited service for periods of active military duty must substantiate to the retirement board:
(1) That the member has served one or more periods of active duty as substantiated by a federal form DD-214;
(2) That the member has been honorably discharged from active military duty as substantiated by a federal form DD-214;
(3) That the member has served at least three years as a member of a reserve component or National Guard as substantiated by the reserve component's or National Guard's annual statement of service history; and
(4) That the member is receiving no benefits from any other governmental retirement system, except those benefits provided by federal law, for his or her active military duty.
(d) The retirement board may not credit any member with more than twelve months of service in any calendar year; and may not grant any member duplicate credit for service for a period of compulsory military service which falls under a period of armed conflict.
(e) Except for a member who has served as a member of a reserve component or National Guard, for any member hired for the first time prior to July 1, 2009 and who is vested in the Public Employees Retirement System on June 30, 2009, he or she shall receive the greater of:
(1) Up to sixty months of service for any time served in active military duty during any period of compulsory military service or during any period of armed conflict; or
(2) Up to twenty-four months of service for any time served in active military duty:
Provided, That any employee may purchase an additional twelve months of service for any time served in active military duty that otherwise has not been credited by paying the actuarial reserve lump sum purchase amount within three years from the effective date of this section: Provided, however, That any vested member not employed on the effective date of this section may only purchase an additional twelve months of service for any time served in active military duty that otherwise has not been credited upon his or her initial reemployment after the effective date of this section by paying the actuarial reserve lump sum purchase amount after one year of reemployment, but within three years from initial reemployment:
(f) A member hired for the first time prior to July 1, 2009 , who is vested in the Public Employees Retirement System on June 30, 2009, and who has served as a member of a reserve component or National Guard shall receive up to twenty-four months of service by receiving twelve months for each three years served in active military duty as defined in subsection (b) of this section:
Provided, That any member may purchase an additional twelve months of service for any time served in active military duty that otherwise has not been credited by paying the actuarial reserve lump sum amount within three years from the effective date of this section: Provided, however, That for any member hired for the first time on or after July 1, 2009, or for any member who is not vested on June 30, 2009, he or she shall receive up to twenty-four months of service for any time served in active military duty.
(g) Notwithstanding any provision in this article to the contrary, if an employee of a participating political subdivision serving in the military service during any period of compulsory military service or armed conflict has accumulated credited service prior to the last entry into military service, in an amount that, added to the time in active military service while an employee equals nine or more years, and the member is unable to resume employment with a participating employer upon completion of duty due to death during or as a result of active service, all time spent in active military service, up to and including a total of five years, is considered to be credited service and death benefits are vested in the member
: Provided, That the active military service during the time the member is an employee must be as a result of an order or call to duty, and not as a result of volunteering for assignment or volunteering to extend the time in service beyond the time required by order or call.
(h) For any member hired for the first time on or after July 1, 2009, or for any member who is not vested on June 30, 2009, he or she shall receive up to twenty-four months of service for any time served in active military duty:
Provided, That any employee may purchase an additional twelve months of service for any time served in active military duty that otherwise has not been credited by paying the actuarial reserve lump sum purchase amount within three years after becoming vested.
(I) The retirement board may propose legislative rules for promulgation in accordance with the provisions of article three, chapter twenty-nine-a of this code to administer the provisions of this section.
(j) Notwithstanding the preceding provisions of this section, contributions, benefits and service credit with respect to qualified military service shall be provided in accordance with Section 414(u) of the Internal Revenue Code. For purposes of this section, "qualified military service" has the same meaning as in Section 414(u) of the Internal Revenue Code.
(k) The provisions of section twenty-two-h of this article are not applicable to the amendments made to this section during the 2009 regular session.
CHAPTER 15. PUBLIC SAFETY.

ARTICLE 2A. WEST VIRGINIA STATE POLICE RETIREMENT SYSTEM.

§15-2A-19. Credit toward retirement for member's prior military service; credit toward retirement when member has joined Armed Forces in time of armed conflict; qualified military service.

(a) Any member hired for the first time prior to July 1, 2009, and who have twenty years of service credit in the police retirement system on June 30, 2009, and who has previously served on active military duty is entitled to receive additional credited service for the purpose of determining the amount of retirement award under the provisions of this article for a period equal to the active military duty not to exceed five years, subject to the following sixty months of service or up to twenty-four months of service for serving as a member of a reserve component or National Guard, in accordance with subsection (e) below .
(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;
(3) That he or she is receiving no benefits from any other retirement system for his or her active military duty; and
(4) That, except with respect to disability retirement pay awarded under this article, he or she has actually served with the agency for twenty years exclusive of his or her active military duty.
(b) In addition, any person who, while an employee of the agency, 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 September 1, 1940, and the close of hostilities in World War II, or between June 27, 1950, and the close of the armed conflict in Korea on July 27, 1953, between August 1, 1964, 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 Congress or by executive or other order of the President, is entitled to and shall receive credit on the minimum period of service required by law for retirement pay from the service of the agency, or its predecessor agency, 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 superintendent and offered to resume service as an active member of the agency; 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 military service credit allowable under this section may not exceed five years for any member of the agency. For any member hired for the first time on or after July 1, 2009, or for any member who does not have twenty years of service credit in the State Police Retirement System, on June 30, 2009, he or she shall receive up to twenty-four months of service for any time served in active military duty, in accordance with the provisions of subsection (e) below: Provided, That any employee may purchase an additional twelve months of service for any time served in active military duty that otherwise has not been credited by paying the actuarial reserve lump sum purchase amount within three years after becoming vested.
(d) For the purposes of this section, the following definitions apply:
(1) "Active military duty" means full-time duty in the active military service of the United States Army, Navy, Air Force, Coast Guard or Marine Corps. This term includes regularly required training or other duty performed by a member of a reserve component or National Guard if the member can establish that he or she has served at least three years of service
.
(2) "Actuarial reserve lump sum purchase amount" means the purchase annuity rate multiplied by the purchase accrued benefit. The purchase annuity rate is the actuarial lump sum annuity factor calculated on a monthly basis based on the following actuarial assumptions: Interest rate of seven point five percent; mortality of the 1983 group annuity mortality table, male rates, applied on a unisex basis to all members; if purchase age is under age fifty, a deferred annuity factor with payments commencing at age fifty; and if purchase age is fifty or over, an immediate annuity factor with payments starting at the purchase age. The purchase accrued benefit is two and three fourths percent times the purchase military service times the purchase average monthly salary. The purchase military service is the amount of military service being purchased by the employee as a fraction of a year up to a one year maximum. The purchase average monthly salary is the final average monthly salary of the employee at the beginning of the month which is three months prior to the purchase month as if the employee terminated employment on that date. The purchase month is the month in which the employee deposits the actuarial reserve lump sum purchase amount into the plan trust fund in full payment of the service being purchased. The purchase age is the attained age of the employee in years and completed months as of the first day of the purchase month.
(3) "Month of service" means any month in which the member served in active military duty for at least one half of the calendar month.
(e) Members who are eligible to receive credited service for periods of active military duty must substantiate to the retirement board:
(1) That the member has served one or more periods of active duty as substantiated by a federal form DD-214;
(2) That the member has been honorably discharged from active military duty as substantiated by a federal form DD-214;
(3) That the member has served at least three years as a member of a reserve component or National Guard as substantiated by the reserve component's or National Guard's annual statement of service history;
(4) That the member is receiving no benefits from any other governmental retirement system, except those benefits provided by federal law, for his or her active military duty; and
(5) That, except with respect to disability retirement pay awarded under this article, he or she has actually served with the agency for twenty years exclusive of his or her active military duty.
(f) The retirement board may not credit any member with more than twelve months of service in any calendar year.
(g) The retirement board may propose legislative rules for promulgation in accordance with the provisions of article three, chapter twenty-nine-a of this code to administer the provisions of this section.
(d) (h) Notwithstanding the preceding provisions of this section, contributions, benefits and service credit with respect to qualified military service shall be provided in accordance with Section 414 (u) of the Internal Revenue Code. For purposes of this section, "qualified military service" has the same meaning as in Section 414 (u) of the Internal Revenue Code. The board shall determine all questions and make all decisions relating to this section and, pursuant to the authority granted to the board in section one, article ten-d, chapter five of this code, may promulgate rules relating to contributions, benefits and service credit to comply with Section 414 (u) of the Internal Revenue Code.
CHAPTER 18. EDUCATION.

ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.
§18-7A-17. Statement and computation of teachers' service
.
(a) Under rules adopted by the retirement board, each teacher shall file a detailed statement of his or her length of service as a teacher for which he or she claims credit. The Retirement Board shall determine what part of a year is the equivalent of a year of service. In computing the service, however, it shall credit no period of more than a month's duration during which a member was absent without pay, nor shall it credit for more than one year of service performed in any calendar year.
(b) For the purpose of this article, the retirement board shall grant prior service credit to new entrants and other members of the retirement system for service in any of the Armed Forces of the United States in any period of national emergency within which a federal Selective Service Act was in effect. For purposes of this section, "Armed Forces" includes Women's Army Corps, women's appointed volunteers for emergency service, Army Nurse Corps, SPARS, Women's Reserve and other similar units officially parts of the military service of the United States. The military service is considered equivalent to public school teaching, and the salary equivalent for each year of that service is the actual salary of the member as a teacher for his or her first year of teaching after discharge from military service. Prior service credit for military service shall not exceed ten years for any one member, nor shall it exceed twenty-five percent of total service at the time of retirement. Notwithstanding the preceding provisions of this subsection, contributions, benefits and service credit with respect to qualified military service shall be provided in accordance with Section 414(u) of the Internal Revenue Code. For purposes of this section, "qualified military service" has the same meaning as in Section 414(u) of the Internal Revenue Code. The Retirement Board is authorized to determine all questions and make all decisions relating to this section and, pursuant to the authority granted to the retirement board in section one, article ten-d, chapter five of this code, may promulgate rules relating to contributions, benefits and service credit to comply with Section 414(u) of the Internal Revenue Code. No military service credit may be used in more than one retirement system administered by the Consolidated Public Retirement Board.
(c) (b) For service as a teacher in the employment of the federal government, or a state or territory of the United States, or a governmental subdivision of that state or territory, the retirement board shall grant credit to the member: Provided, That the member shall pay to the system double the amount he or she contributed during the first full year of current employment, times the number of years for which credit is granted, plus interest at a rate to be determined by the retirement board. The interest shall be deposited in the reserve fund and service credit granted at the time of retirement shall not exceed the lesser of ten years or fifty percent of the member's total service as a teacher in West Virginia. Any transfer of out-of-state service, as provided in this article, shall not be used to establish eligibility for a retirement allowance and the retirement board shall grant credit for the transferred service as additional service only: Provided, however, That a transfer of out-of-state service is prohibited if the service is used to obtain a retirement benefit from another retirement system: Provided further, That salaries paid to members for service prior to entrance into the retirement system shall not be used to compute the average final salary of the member under the retirement system.
(d) (c) Service credit for members or retired members shall not be denied on the basis of minimum income rules promulgated by the Teachers' Retirement Board: Provided, That the member or retired member shall pay to the system the amount he or she would have contributed during the year or years of public school service for which credit was denied as a result of the minimum income rules of the Teachers Retirement Board.
(e) (d) No members shall be considered absent from service while serving as a member or employee of the Legislature of the State of West Virginia during any duly constituted session of that body or while serving as an elected member of a county commission during any duly constituted session of that body.
(f) (e) No member shall be considered absent from service as a teacher while serving as an officer with a statewide professional teaching association, or who has served in that capacity, and no retired teacher, who served in that capacity while a member, shall be considered to have been absent from service as a teacher by reason of that service: Provided, That the period of service credit granted for that service shall not exceed ten years: Provided, however, That a member or retired teacher who is serving or has served as an officer of a statewide professional teaching association shall make deposits to the Teachers Retirement Board, for the time of any absence, in an amount double the amount which he or she would have contributed in his or her regular assignment for a like period of time.
(g) (f) The Teachers Retirement Board shall grant service credit to any former or present member of the West Virginia Public Employees Retirement System who has been a contributing member for more than three years, for service previously credited by the Public Employees Retirement System and:
(1) Shall require the transfer of the member's contributions to the Teachers Retirement System; or
(2) shall require a repayment of the amount withdrawn any time prior to the member's retirement: Provided, That there shall be added by the member to the amounts transferred or repaid under this subsection an amount which shall be sufficient to equal the contributions he or she would have made had the member been under the Teachers Retirement System during the period of his or her membership in the Public Employees Retirement System plus interest at a rate to be determined by the board compounded annually from the date of withdrawal to the date of payment. The interest paid shall be deposited in the reserve fund.
(h) (g) For service as a teacher in an elementary or secondary parochial school, located within this state and fully accredited by the West Virginia Department of Education, the retirement board shall grant credit to the member: Provided, That the member shall pay to the system double the amount contributed during the first full year of current employment, times the number of years for which credit is granted, plus interest at a rate to be determined by the retirement board. The interest shall be deposited in the reserve fund and service granted at the time of retirement shall not exceed the lesser of ten years or fifty percent of the member's total service as a teacher in the West Virginia public school system. Any transfer of parochial school service, as provided in this section, may not be used to establish eligibility for a retirement allowance and the board shall grant credit for the transfer as additional service only: Provided, however, That a transfer of parochial school service is prohibited if the service is used to obtain a retirement benefit from another retirement system.
(I) (h) Active members who previously worked in CETA (Comprehensive Employment and Training Act) may receive service credit for time served in that capacity: Provided, That in order to receive service credit under the provisions of this subsection the following conditions must be met:
(1) The member must have moved from temporary employment with the participating employer to permanent full-time employment with the participating employer within one hundred twenty days following the termination of the member's CETA employment;
(2) The Board must receive evidence that establishes to a reasonable degree of certainty as determined by the board that the member previously worked in CETA; and
(3) The member shall pay to the board an amount equal to the employer and employee contribution plus interest at the amount set by the board for the amount of service credit sought pursuant to this subsection: Provided, however, That the maximum service credit that may be obtained under the provisions of this subsection is two years: Provided further, That a member must apply and pay for the service credit allowed under this subsection and provide all necessary documentation by March 31, 2003: And provided further, That the board shall exercise due diligence to notify affected employees of the provisions of this subsection.
(j) (I) If a member is not eligible for prior service credit or pension as provided in this article, then his or her prior service shall not be considered a part of his or her total service.
(k) (j) A member who withdrew from membership may regain his or her former membership rights as specified in section thirteen of this article only in case he or she has served two years since his or her last withdrawal.
(l) (k) Subject to the provisions of subsections (a) through (l) (k), inclusive, of this section, the board shall verify as soon as practicable the statements of service submitted. The Retirement Board shall issue prior service certificates to all persons eligible for the certificates under the provisions of this article. The certificates shall state the length of the prior service credit, but in no case shall the prior service credit exceed forty years.
(m) (l) Notwithstanding any provision of this article to the contrary, when a member is or has been elected to serve as a member of the Legislature, and the proper discharge of his or her duties of public office require that member to be absent from his or her teaching or administrative duties, the time served in discharge of his or her duties of the legislative office are credited as time served for purposes of computing service credit: Provided, That the board may not require any additional contributions from that member in order for the board to credit him or her with the contributing service credit earned while discharging official legislative duties: Provided, however, That nothing in this section may be construed to relieve the employer from making the employer contribution at the member's regular salary rate or rate of pay from that employer on the contributing service credit earned while the member is discharging his or her official legislative duties. These employer payments shall commence as of June 1, 2000: Provided further, That any member to which the provisions of this subsection apply may elect to pay to the board an amount equal to what his or her contribution would have been for those periods of time he or she was serving in the Legislature. The periods of time upon which the member paid his or her contribution shall then be included for purposes of determining his or her final average salary as well as for determining years of service: And provided further, That a member using the provisions of this subsection is not required to pay interest on any contributions he or she may decide to make.
(n) (m) The Teachers Retirement Board shall grant service credit to any former member of the State Police Death, Disability and Retirement System who has been a contributing member for more than three years, for service previously credited by the State Police Death, Disability and Retirement System; and:
(1) Shall require the transfer of the member's contributions to the Teachers Retirement System; or
(2) shall require a repayment of the amount withdrawn any time prior to the member's retirement: Provided, That the member shall add to the amounts transferred or repaid under this paragraph an amount which is sufficient to equal the contributions he or she would have made had the member been under the Teachers Retirement System during the period of his or her membership in the State Police Death, Disability and Retirement System plus interest at a rate to be determined by the board compounded annually from the date of withdrawal to the date of payment. The interest paid shall be deposited in the reserve fund.
§18-7A-17a. Qualified military service for retirement credit. (a) The Legislature recognizes the men and women of this state who have served in the active military duty of the Armed Forces of the United States. It is the intent of this section to confer military service credit for time served in active military duty in the Armed Forces of the United States upon members who are eligible for teachers' retirement benefits whether he or she was a member of the Teachers Retirement System at the time of entering the military service.
(b) For the purposes of this section, the following definitions apply:
(1) "Active military duty" means full-time duty in the active military service of the United States Army, Navy, Air Force, Coast Guard or Marine Corps. This term includes regularly required training or other duty performed by a member of a reserve component or National Guard if the member can establish that he or she has served at least three years of service.
(2) "Actuarial reserve lump sum purchase amount" means the purchase annuity rate multiplied by the purchase accrued benefit. The purchase annuity rate is the actuarial lump sum annuity factor calculated on a monthly basis based on the following actuarial assumptions: interest rate of seven point five percent; mortality of the 1983 group annuity mortality table, blended thirty percent male and seventy percent female rates, applied on a unisex basis to all members; if purchase age is under age sixty, a deferred annuity factor with payments commencing at age sixty; and if purchase age is sixty or over, an immediate annuity factor with payments starting at the purchase age. The purchase accrued benefit is two percent times the purchase military service times the purchase average monthly salary. The purchase military service is the amount of military service being purchased by the employee as a fraction of a year up to a one year maximum. The purchase average monthly salary is the final average monthly salary of the employee at the beginning of the month which is three months prior to the purchase month as if the employee terminated employment on that date. The purchase month is the month in which the employee deposits the actuarial reserve lump sum purchase amount into the plan trust fund in full payment of the service being purchased. The purchase age is the attained age of the employee in years and completed months as of the first day of the purchase month.
(3) "Month of service" means any month in which the member served in active military duty for at least one half of the calendar month.
(4) "Selective Service Act" means the period beginning on September 16, 1940, and ending on July 1, 1973.
(5) "Vested" means five or more years of contributory service for which contributions have been made and remain on deposit. Any withdrawn contributions that have been reinstated in full by June 30, 2009 shall apply toward vesting.
(c) Members who are eligible to receive credited service for periods of active military duty must substantiate to the retirement board:
(1) That the member has served one or more periods of active duty as substantiated by a federal form DD-214;
(2) That the member has been honorably discharged from active military duty as substantiated by a federal form DD-214;
(3) That the member has served at least three years as a member of a reserve component or National Guard as substantiated by the reserve component's or National Guard's annual statement of service history; and
(4) That the member is receiving no benefits from any other retirement system, except those benefits provided by federal law, for his or her active military duty.
(d) The retirement board may not credit any member with more than twelve months of service in any calendar year.
(e) Except for a member who has served as a member of a reserve component or National Guard, for any member hired for the first time prior to July 1, 2009, and who is vested in the Teachers Retirement System on June 30, 2009, he or she shall receive the greater of:
(1) Up to one hundred and twenty months of service, not to exceed twenty-five percent of total service at the time of retirement, for any time served in active military duty during the period in which the Selective Service Act was in effect; or
(2) Up to twenty-four months of service for any time served in active military duty: Provided, That any employee may purchase an additional twelve months of service for any time served in active military duty that otherwise has not been credited by paying the actuarial reserve lump sum purchase amount within three years from the effective date of this section: Provided, however, That any vested member not employed on the effective date of this section may only purchase an additional twelve months of service for any time served in active military duty that otherwise has not been credited upon his or her initial reemployment after the effective date of this section by paying the actuarial reserve lump sum purchase amount after one year of reemployment, but within three years from initial reemployment.
(f) A member hired for the first time prior to July 1, 2009 , who is vested in the Public Employees Retirement System on June 30, 2009, and who has served as a member of a reserve component or National Guard shall receive up to twenty-four months of service by receiving twelve months for each three years served in active military duty as defined in subsection (b) of this section: Provided, That any member may purchase an additional twelve months of service for any time served in active military duty that otherwise has not been credited by paying the actuarial reserve lump sum amount within three years from the effective date of this section.
(f) For any member hired for the first time on or after July 1, 2009, or for any member who is not vested on June 30, 2009, he or she shall receive up to twenty-four months of service for any time served in active military duty: Provided, That any employee may purchase an additional twelve months of service for any time served in active military duty that otherwise has not been credited by paying the actuarial reserve lump sum purchase amount within three years after becoming vested.
(g) The retirement board may propose legislative rules for promulgation in accordance with the provisions of article three, chapter twenty-nine-a of this code to administer the provisions of this section.
(h) Notwithstanding the preceding provisions of this section, contributions, benefits and service credit with respect to qualified military service shall be provided in accordance with Section 414(u) of the Internal Revenue Code. For purposes of this section, "qualified military service" has the same meaning as in Section 414(u) of the Internal Revenue Code.
(I) The provisions of section twenty-eight-e of this article are not applicable to the amendments made to this section during the 2009 regular session.
ARTICLE 7B. TEACHERS' DEFINED CONTRIBUTION RETIREMENT SYSTEM.
§18-7B-8a. Qualified military service.
(a) The Legislature recognizes the men and women of this state who have served in the active military duty of the Armed Forces of the United States. It is the intent of this section to confer military service credit for time served in active military duty in the Armed Forces of the United States upon members who are eligible for distribution from the member's annuity account whether or not he or she was a member of the Teachers Defined Contribution Retirement System at the time of entering the military service.
(b) A member shall be awarded, upon termination, an additional twenty-four months of employment service which shall be used solely to determine the distribution of the employer's contributions and any earnings thereon, upon satisfactory showing to the board that the member has completed at least two years of active military duty and has been honorably discharged from active military duty. A member who has served in a reserve component or National Guard shall be awarded, upon termination, up to twenty-four months of service by receiving twelve months for each three years served in a reserve component or National Guard, which shall be used solely to determine the distribution of the employer's contributions and any earnings thereon:
Provided, That the term "active military duty" means full-time duty in the active military service of the United States Army, Navy, Air Force, Coast Guard or Marine Corps. This term includes regularly required training or other duty performed by a member of a reserve component or National Guard if the member can establish that he or she has served at least three years of service. The honorable discharge and the active military duty must be substantiated by a federal form DD-214 or by the reserve component's or National Guard's annual statement of service history.
(c) Notwithstanding the preceding provisions of this section,
contributions, benefits and service credit with respect to qualified military service will be provided in accordance with section 414(u) of the Internal Revenue Code. For purposes of this section, "qualified military service" has the same meaning as in Section 414(u) of the Internal Revenue Code. The retirement board is authorized to determine all questions and make all decisions relating to this section and, pursuant to the authority granted to the retirement board in section one, article ten-d, chapter five of this code, may promulgate rules relating to contributions, benefits and service credit to comply with Section 414(u) of the Internal Revenue Code.
(d) The retirement board may propose legislative rules for promulgation in accordance with the provisions of article three, chapter twenty-nine-a of this code to administer the provisions of this section.
§18-7B-11. Termination of membership.
(a) Any member whose employment with a participating employer terminates after the completion of six complete years of employment service is eligible to terminate his or her annuity account and receive a distribution from the member's annuity account, in an amount equal to the member's contribution plus one third of the employer contributions and any earnings thereon. Any member whose employment with a participating employer terminates after the completion of nine complete years of employment service is eligible to terminate his or her annuity account and receive a distribution from the member's annuity account, in an amount equal to the member's contribution plus two thirds of the employer's contributions and any earnings thereon. Any member whose employment with a participating employer terminates after the completion of twelve complete years of employment service is eligible to terminate his or her annuity account and receive a distribution of all funds contributed and accumulated in his or her annuity account. Any member whose employment with a participating employer terminates prior to the completion of six complete years of employment service is eligible to terminate his or her annuity account and receive a distribution from the member's annuity account, in an amount equal to the member's contribution plus any earnings thereon: Provided, That on the death or permanent, total disability of any member, that member is eligible to terminate his or her annuity account and receive all funds contributed to or accumulated in his or her annuity account: Provided, however, That upon satisfactory showing to the board that the member has completed at least twenty-four months of active military duty, pursuant to section eight-a of this article, the member, upon termination, shall be awarded an additional twenty-four months of employment service which shall be used solely to determine the distribution of the employer's contributions and any earnings thereon. Any member whose employment with a participating employer terminates after the completion of four complete years of employment service and who has at least twenty-four months of active military duty is eligible to terminate his or her annuity account and receive a distribution from the member's annuity account, in an amount equal to the member's contribution plus one third of the employer contributions and any earnings thereon. Any member whose employment with a participating employer terminates after the completion of seven complete years of employment service and who has at least twenty-four months of active military duty is eligible to terminate his or her annuity account and receive a distribution from the member's annuity account, in an amount equal to the member's contribution plus two thirds of the employer's contributions and any earnings thereon. Any member whose employment with a participating employer terminates after the completion of ten complete years of employment service and who has at least twenty-four months of active military duty is eligible to terminate his or her annuity account and receive a distribution of all funds contributed and accumulated in his or her annuity account. Any member whose employment with a participating employer terminates prior to the completion of four complete years of employment service and who has at least twenty-four months of active military service is eligible to terminate his or her annuity account and receive a distribution from the member's annuity account, in an amount equal to the member's contribution plus any earnings thereon.
(b) (1) Upon termination of employment, regardless of whether the member has taken a distribution of all or a portion of his or her vested account, the remaining balance, if any, in the member's employer account that is not vested shall be remitted and paid into a suspension account to be administered by the board. The Board shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code regarding the distribution of any balance in the special account created by this section: Provided, That any funds in the account shall be used solely for the purpose of reducing employer contributions in future years.
(2) Any account balances remitted to the suspension account herein shall be maintained by the board in the suspension account in the name of the terminated employee for a period of five years following the member's termination of employment. For each terminated employee at the culmination of the five-year period, the board shall certify in writing to each contributing employer the amount of the account balance plus earnings thereon attributable to each separate contributing employer's previously terminated employee's account which has been irrevocably forfeited due to the elapse of a five-year period since termination pursuant to section sixteen of this article.
(c) Upon certification to the several contributing employers of the aggregate account balances plus earnings thereon which have been irrevocably forfeited pursuant to this section, the several contributing employers shall be permitted in the next succeeding fiscal year or years to reduce their total aggregate contribution requirements pursuant to section seventeen of this article, for the then current fiscal year by an amount equal to the aggregate amounts irrevocably forfeited and certified as such to each contributing employer: Provided, That should the participating employer no longer be contributing to the Defined Contribution System, any funds in the account shall be paid directly to the employer.
(d) Upon the use of the amounts irrevocably forfeited to any contributing employer as a reduction in the then current fiscal year contribution obligation and upon notification provided by the several contributing employers to the board of their intention to use irrevocably forfeited amounts, the board shall direct the distribution of the irrevocably forfeited amounts from the suspension account to be deposited on behalf of the contributing employer to the member annuity accounts of its then current employees pursuant to section seventeen of this article: Provided, That notwithstanding any provision of this article to the contrary, when a member is or has been elected to serve as a member of the Legislature, and the proper discharge of his or her duties of public office requires that member to be absent from his or her teaching, nonteaching or administrative duties, the time served in discharge of his or her duties of the legislative office are credited as time served for purposes of computing service credit, regardless when this time was served: Provided, however, That the board may not require any additional contributions from that member in order for the board to credit him or her with the contributing service credit earned while discharging official legislative duties: Provided further, That nothing herein may be construed to relieve the employer from making the employer contribution at the member's regular salary rate or rate of pay from that employer on the contributing service credit earned while the member is discharging his or her official legislative duties. These employer payments shall commence as of July 1, 2003: And provided further, That any member to which the provisions of this subsection apply may elect to pay to the board an amount equal to what his or her contribution would have been for those periods of time he or she was serving in the Legislature.
CHAPTER 51. COURTS AND THEIR OFFICERS.

ARTICLE 9. RETIREMENT SYSTEM FOR JUDGES.
§51-9-4. Required percentage contributions from salaries; any termination of required contributions prior to actual retirement disallowed; leased employees; military service credit; maximum allowable and qualified military service; qualifiable prosecutorial service.
(a) Every person who is now serving or shall hereafter serve as a judge of any court of record of this state shall pay into the Judges' Retirement Fund six percent of the salary received by such person out of the State Treasury: Provided, That when a judge becomes eligible to receive benefits from such trust fund by actual retirement, no further payment by him or her shall be required, since such employee contribution, in an equal treatment sense, ceases to be required in the other retirement systems of the state, also, only after actual retirement: Provided, however, That on and after January 1, 1995, every person who is then serving or shall thereafter serve as a judge of any court of record in this state shall pay into the Judges' Retirement Fund nine percent of the salary received by that person: Provided further, That consistent with the salary increase granted to judges of courts of record during the 2005 regular legislative session and to changes effectuated in judicial retirement by provisions enacted during the third extraordinary legislative session of 2005, on and after July 1, 2005, every person who is then serving or shall thereafter serve as a judge of any court of record in this state shall pay into the Judges' Retirement Fund ten and one-half percent of the salary received by that person. Any prior occurrence or practice to the contrary, in any way allowing discontinuance of required employee contributions prior to actual retirement under this retirement system, is rejected as erroneous and contrary to legislative intent and as violative of required equal treatment and is hereby nullified and discontinued fully, with the State Auditor to require such contribution in every instance hereafter, except where no contributions are required to be made under any of the provisions of this article.
(b) An individual who is a leased employee shall not be eligible to participate in the system. For purposes of this system, a "leased employee" means any individual who performs services as an independent contractor or pursuant to an agreement with an employee leasing organization or other similar organization. If a question arises regarding the status of an individual as a leased employee, the board has the final power to decide the question.
(c) In drawing warrants for the salary checks of judges, the State Auditor shall deduct from the amount of each such salary check six percent thereof, which amount so deducted shall be credited by the Consolidated Public Retirement Board to the trust fund: Provided, That on or after January 1, 1995, the amount so deducted and credited shall be nine percent of each such salary check: Provided, however, That consistent with the salary increase granted to judges of courts of record during the 2005 regular legislative session and to changes effectuated in judicial retirement by provisions enacted during the third extraordinary legislative session of 2005, on or after July 1, 2005, the amount so deducted and credited shall be ten and one-half percent of each such salary check.
(d) Any judge seeking to qualify military service to be claimed as credited service, in allowable aggregate maximum amount up to five years, shall be entitled to be awarded the same without any required payment in respect thereof to the Judges' Retirement Fund.
(d) The Legislature recognizes the men and women of this state who have served in the active military duty of the Armed Forces of the United States. It is the intent of this section to confer military service credit for time served in active military duty in the Armed Forces of the United States upon members who are eligible for judges' retirement benefits whether he or she was a member of the judges' retirement system at the time of entering the military service.
(e) For the purposes of this section, the following definitions apply:
(1) "Active military duty" means full-time duty in the active military service of the United States Army, Navy, Air Force, Coast Guard or Marine Corps. This term includes regularly required training or other duty performed by a member of a reserve component or National Guard if the member can establish that he or she has served at least three years of service.
(2) "Month of service" means any month in which the member served in active military duty for at least one half of the calendar month.
(f) Members who are eligible to receive credited service for periods of active military duty must substantiate to the retirement board:
(1) That the member has served one or more periods of active duty as substantiated by a federal form DD-214;
(2) That the member has been honorably discharged from active military duty as substantiated by a federal form DD-214;
(3) That the member has served at least three years as a member of a reserve component or National Guard as substantiated by the reserve component's or National Guard's annual statement of service history; and
(4) That the member is receiving no benefits from any other retirement system, except those benefits provided by federal law, for his or her active military duty.
(g) The retirement board may not credit any member with more than twelve months of service in any calendar year.
(h) For any member elected or appointed for the first time prior to July 1, 2009, and who is eligible for an annuity benefit on June 30, 2009, he or she shall receive up to sixty months of service, for any time served in active military duty.

(I) For any member elected or appointed for the first time prior to July 1, 2009, and who is eligible for an annuity benefit on June 30, 2009, and who has served in a reserve component or National Guard, he or she shall receive up to twenty-four months of service by receiving twelve months for each three years served in a reserve component or National Guard.
(j) For any member elected or appointed for the first time on or after July 1, 2009, or for any member who is not eligible for an annuity benefit on June 30, 2009, he or she shall receive up to twenty-four months of service for any time served in active military duty.
(k) The retirement board may propose legislative rules for promulgation in accordance with the provisions of article three, chapter twenty-nine-a of this code to administer the provisions of this section.
(e) (l) Notwithstanding the preceding provisions of this section, contributions, benefits and service credit with respect to qualified military service shall be provided in accordance with Section 414(u) of the Internal Revenue Code. For purposes of this section, "qualified military service" has the same meaning as in Section 414(u) of the Internal Revenue Code. The Retirement Board is authorized to determine all questions and make all decisions relating to this section and may promulgate rules relating to contributions, benefits and service credit pursuant to the authority granted to the retirement board in section one, article ten-d, chapter five of this code to comply with Section 414(u) of the Internal Revenue Code.
(f) (m) Any judge holding office as such on the effective date of the amendments to this article adopted by the Legislature at its regular session in the year 1987 who seeks to qualify service as a prosecuting attorney as credited service, which service credit must have been earned prior to the year 1987, shall be required to pay into the Judges' Retirement Fund nine percent of the annual salary which was actually received by such person as prosecuting attorney during the time such prosecutorial service was rendered prior to the year 1987 and for which credited service is being sought, together with applicable interest. No judge whose term of office shall commence after the effective date of such amendments to this article shall be eligible to claim any credit for service rendered as a prosecuting attorney as eligible service for retirement benefits under this article, nor shall any time served as a prosecutor after the year 1988 be considered as eligible service for any purposes of this article.
§51-9-6. Eligibility for and payment of benefits.
(a) Except as otherwise provided in sections five, six-d, twelve and thirteen of this article, and subject to the provisions of subsection (e) of this section, any person who is now serving, or who shall hereafter serve, as a judge of any court of record of this state and shall have served as such judge for a period of not less than sixteen full years and shall have reached the age of sixty-five years, or who has served as judge of such court or of that court and other courts of record of the state for a period of sixteen full years or more (whether continuously or not and whether said service be entirely before or after this article became effective, or partly before and partly after said date, and whether or not said judge shall be in office on the date he or she shall become eligible to benefits hereunder) and shall have reached the age of sixty-five years, or who is now serving, or who shall hereafter serve, as a judge of any court of record of this state and shall have served as such judge for a period of not less than twenty-four full years, regardless of age, shall, upon a determination and certification of his or her eligibility as provided in section nine hereof, be paid from the fund annual retirement benefits, so long as he or she shall live, in an amount equal to seventy-five percent of the annual salary of the office from which he or she has retired based upon such salary of such office and as such salary may be changed from time to time during the period of his or her retirement and the amount of his or her retirement benefits shall be based upon and be equal to seventy-five percent of the highest annual salary of such office for any one calendar year during the period of his or her retirement and shall be payable in monthly installments: Provided, That such retirement benefits shall be paid only after such judge has resigned as such or, for any reason other than his or her impeachment, his or her service as such has ended: Provided, however, That every such person seeking to retire and to receive the annual retirement benefits provided by this subsection must have served a minimum of twelve years as a sitting judge of any such court of record: Provided further, That every individual who is appointed or elected for the first time as judge of a court of record of this state after July 1, 2005, who subsequently seeks to retire and to receive the annual retirement benefits provided by this subsection must have served a minimum of fourteen years as a sitting judge of any court of record.
(b) Notwithstanding any other provisions of this article with the exception of sections twelve-a and twelve-b, any person who is now serving or who shall hereafter serve as a judge of any court of record of this state and who shall have accumulated sixteen years or more of credited service, at least twelve years of which is as a sitting judge of a court of record, and who has attained the age of sixty-two years or more but less than the age of sixty-five years, may elect to retire from his or her office and to receive the pension to which he or she would otherwise be entitled to receive at age sixty-five, but with an actuarial reduction of pension benefit to be established as a reduced annuity receivable throughout retirement: Provided, That every individual who is appointed or elected for the first time as judge of a court of record of this state after July 1, 2005, who subsequently seeks to retire and to receive the annual retirement benefits provided by this subsection must have served a minimum of fourteen years as a sitting judge of any court of record. The reduced percentage (less than seventy-five percent) actuarially computed, determined and established at time of retirement in respect of this reduced pension benefit shall also continue and be applicable to any subsequent new annual salary set for the office from which such judge has retired and as such salary may be changed from time to time during the period of his or her retirement.
(c) In determining eligibility for the benefits provided by this section, all active military duty full-time duty (including leaves and furloughs) in the Armed Forces of the United States shall be eligible for qualification as credited military service for the purposes of section four, article nine, of this chapter of the code and shall apply toward eligibility in the judges' retirement system. this article by any judge with twelve or more years actual service as a sitting judge of a court of record, such awardable military service to not exceed five years: Provided, That in determining eligibility for the benefits provided by this section for every individual who is appointed or elected for the first time as judge of a court of record of this state after the first day of July, two thousand five, active full-time duty (including leaves and furloughs) in the Armed Forces of the United States qualifies as credited service for the purposes of this article for any judge with fourteen or more years actual service as a sitting judge of a court of record of this state, the awardable military service not to exceed five years.
(d) If a judge of a court of record who is presently sitting as such on the effective date of the amendments to this section enacted by the Legislature at its regular session held in the year 1987 and who has served for a period of not less than twelve full years and has made payments into the Judges' Retirement Fund as provided in this article for each month during which he or she served as judge, following the effective date of this section, any portion of time which he or she had served as prosecuting attorney in any county in this state shall qualify as years of service, if such judge shall pay those sums required to be paid pursuant to the provisions of section four of this article: Provided, That any term of office as prosecuting attorney, or part thereof, commencing after December 31, 1988, shall not hereafter in any way qualify as eligible years of service under this retirement system. For purposes of this article, eligible service as a "prosecuting attorney" or as a "prosecutor" does not include any service as an assistant prosecuting attorney. The amendment to this subsection during the third extraordinary session in the year 2005 is not for the purpose of changing existing law but is intended to clarify the intent of the Legislature as to existing law regarding eligibility for benefits for service as a prosecuting attorney since its initial enactment and this clarification shall be applied retrospectively to the effective date of this section and any predecessor acts in which service as a prosecuting attorney was initially determined by statute to qualify as eligible years of service under the retirement system provided by this article.
(e) Any retirement benefit accruing under the provisions of this section shall not be paid if otherwise barred under the provisions of article ten-a, chapter five of this code.
(f) Notwithstanding any other provisions of this article, forfeitures under the system shall not be applied to increase the benefits any member would otherwise receive under the system.


NOTE: The purpose of this bill is to provide up to twenty-four months of military service credit for time served in active military duty to any qualified member of the West Virginia Public Employees Retirement Act, the West Virginia State Police Retirement System, the State Teachers Retirement System, the Teachers' Defined Contribution Retirement System and the Retirement System for Judges hired for the first time on or after July 1, 2009, or for any qualified member who is not vested on June 30, 2009.

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

§18-7A-17a is new, therefore, underscoring and strike-throughs have been omitted.
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