Senate Bill No. 496
(By Senator Wiedebusch)
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[Introduced February 20, 1995; referred to the Committee
on Pensions; and then to the Committee on Finance.]
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A BILL to amend chapter seven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article fourteen-c; and to
amend and reenact section fourteen-d, article three, chapter
thirty-three of said code, all relating to the creation of
a deputy sheriffs' pension and relief fund; creation of
boards of trustees; continuance of funds; powers and duties
of board of trustees; members of board of trustees; how
members of board of trustees are elected; presiding officers
of board of trustees; secretary of board of trustees;
minimum standards for actuarial soundness of pension and
relief funds; investment of funds; exercise of judgment in making investments; actuarial studies required; annual
report; rules as to distribution of funds; proof of age of
members; eligibility for total and temporary disability
pensions and total and permanent disability pensions;
supplemental pension benefits entitlement; benefit payable;
application of section; construction; general provisions
concerning disability pensions, retirement pensions and
death benefits; increasing the additional fire and casualty
insurance premium tax to two percent; and adding deputy
sheriffs' pension and relief funds created by article
fourteen-c, chapter seven of this code to the applicability
of the provisions of section fourteen-d, article three,
chapter thirty-three of this code regarding allocation of
proceeds.
Be it enacted by the Legislature of West Virginia:
That chapter seven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article fourteen-c; and
to amend and reenact section fourteen-d, article three, chapter
thirty-three of said code, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 14C. RETIREMENT BENEFITS GENERALLY; DEPUTY SHERIFFS' PENSION AND RELIEF FUND.
PART III. DEPUTY SHERIFFS' PENSION AND RELIEF FUND.
§7-14C-1. Pension and relief funds for deputy sheriffs; creation
of board of trustees; definitions; continuance of
funds; allowance of withdrawal of funds from public
employees retirement system.
In every county, deputy sheriffs shall be afforded the
opportunity to vote in support or against the creation of a
deputy sheriffs' pension and relief fund. Upon a majority vote
in favor of a deputy sheriffs' pension and relief fund, the
county commission shall also vote in support or against the
creation of such fund. Upon a majority vote in favor of the
fund, the county commissioner shall, by order, provide for the
establishment and maintenance of such deputy sheriffs' pension
and relief fund for the purposes hereinafter enumerated, and,
thereupon, there shall be created a board of trustees which shall
administer and distribute the moneys authorized to be raised by
this section and the following sections of this article. Unless
and until other provision is made by subsequent legislative
action, any deputy sheriffs' pension and relief fund shall be or
remain mandatory and shall be governed by the provisions of
sections one through fourteen of this article.
After the thirtieth day of June, one thousand nine hundred
ninety five, for the purposes of this article the word "member"
means any deputy sheriff working in any county in this state.
For purposes of this article the words "salary or
compensation" means remuneration actually received by a member,
plus such member's deferred compensation under sections 125,
401(k), 414(h)(2) and 457 of the United States Internal Revenue
Code of 1986, as amended:
Provided, That the remuneration
received by such member during any twelve-consecutive-month
period utilized in determining benefits which is in excess of an
amount which is twenty percent greater than the "average adjusted
salary" received by such member in the two consecutive
twelve-consecutive-month periods immediately preceding such
twelve-consecutive-month period utilized in determining benefits
shall be disregarded:
Provided, however, That the "average
adjusted salary" means the arithmetic average of each year's
adjusted salary such adjustment made to reflect current salary
rate and such average adjusted salary shall be determined as
follows: Assuming "year-one" means the second
twelve-consecutive-month period preceding such
twelve-consecutive-month period utilized in determining benefits, "year-two" means the twelve-consecutive-month period immediately
preceding such twelve-consecutive-month period utilized in
determining benefits, and "year-three" means the
twelve-consecutive-month period utilized in determining benefits,
year-one total remuneration shall be multiplied by the ratio of
year-three base salary, exclusive of all overtime and other
remuneration, to year-one base salary, exclusive of all overtime
and other remuneration, such product shall equal "year-one
adjusted salary"; year-two total remuneration shall be multiplied
by the ratio of year-three base salary, exclusive of all overtime
and other remuneration, to year-two base salary, exclusive of all
overtime and other remuneration, such product shall equal
"year-two adjusted salary"; and the arithmetic average of
year-one adjusted salary and year-two adjusted salary shall equal
the average adjusted salary.
Any deputy sheriff effected by the provision of this article
may withdrawn any amount existing for his or her benefit from the
public employees retirement system authorized by the provisions
of article ten, chapter five, of this code without penalty and
redeposit same into the corresponding deputy sheriffs' pension
and relief fund.
§7-14C-2. Powers and duties of board of trustees.
The board of trustees shall be a public corporation by the
name and style of "The Board of Trustees of the Deputy Sheriffs'
Pension and relief fund of" (name of county), by which name it
may sue and be sued, plead and be impleaded, contract and be
contracted with, take and hold real and personal property for the
use of the pension and relief fund and have and use a common
seal. In the absence of such a seal, the seal of the president
of any such corporation shall be equivalent to such common seal.
The board of trustees may also in its corporate name do and
perform any and all other acts and business pertaining to the
trust created hereby or by any conveyance, devise or dedication
made for the uses and purposes of such board.
After the thirtieth day of June, one thousand nine hundred
nineteen ninety-six, any such board of trustees, board of
trustees and any members thereof shall, as fund fiduciaries,
discharge their duties with respect to such pension and relief
funds solely in the interest of the members and members'
beneficiaries for the exclusive purpose of providing benefits to
members and their beneficiaries and defraying reasonable expenses
of administering the fund.
§7-14C-3. Members of board of trustees; how elected; presiding
officers; secretary.
The board of trustees of the deputy sheriffs' pension and
relief fund shall consist of the president of the county
commission of the county wherein such deputies serve and four
members of the sheriff's department therein that are deputy
sheriffs, to be chosen as hereinafter specified. The president
of the county commission shall give notice of an election to be
held on the second Monday of the month following the order
rendered by the county commission providing for the establishment
and maintenance of such fund, which notice shall be served upon
each member of the county sheriff's department that is a deputy
sheriff and which shall notify each member that between the hours
of nine in the forenoon and six in the afternoon, on the day
designated for such election, an election will be held for such
purpose and that each member shall furnish in writing the names
of four members to be voted for; and all votes so cast shall be
counted and canvassed by the president of the county commission
and the county clerk of the county for the first election, and
thereafter the votes shall be counted by the then existing
members of such board, who after such election shall announce the results, and the four members receiving the highest number of
votes shall, with the president of the county commission,
constitute "The Board of Trustees of the Deputy Sheriffs'
Pension and Relief Fund of (name of county)." As to the first
election held following the order of the county commission
providing for the establishment and maintenance of such fund, the
member receiving the highest number of votes shall serve for a
period of four years, the member receiving the second highest
number of votes shall serve for a period of three years, the
member receiving the third highest number of votes shall serve
for a period of two years, and the member receiving the fourth
highest number of votes shall serve for a period of one year.
After such first election, the board shall hold a similar
election each year to elect one member to succeed, for a term of
four years, the retiring member. In the case of a tie vote being
received by any two individuals for the office of trustee, such
tie vote shall be decided by casting lots, or in any other way
which may be agreed upon by the individuals for whom such tie
vote was cast. The results of such election shall be entered in
the record of the proceedings of the board and the members so
elected shall, except as hereinabove specified with respect to the first election, serve for four years and until their
successors are elected and have qualified. The election for such
members of the board of trustees shall be held annually upon the
second Monday of the same month during which the first election
was held. In case of a vacancy by death, resignation, or
otherwise, among the members so elected, the remaining members of
the board shall choose the successor, or successors, until the
next annual election at which latter time all vacancies shall be
filled.
The presiding officer of the board of trustees shall be the
president of the county commission, and the secretary thereof
shall be appointed by the board. It shall be the duty of such
secretary to keep a full and permanent record of all of the
proceedings of the board. The board may fix the secretary's
compensation for this work, which shall be paid out of the funds
of the deputy sheriffs' pension.
§7-14C-4. Levy to maintain fund.
(a) The provisions of this subsection shall remain in effect
through the thirtieth day of June, one thousand nine hundred
ninety-seven.
In every county in which there is a deputy sheriffs' pension and relief fund, the same shall be maintained as follows: The
county commission shall levy annually and in the manner provided
by law for other county levies, and include within the maximum
levy or levies permitted by law, a tax at such rate as will,
after crediting the amount of the contributions received during
such year from the members of the respective county sheriffs'
departments, provide funds equal to the sum of: (1) The full
amount of estimated expenditures of the board of trustees of the
fund; and (2) an additional amount equal to ten percent of such
estimated expenditures, said ten percent amount to be taken,
accumulated and invested, if possible, as surplus reserve:
Provided, That in no event shall such levy for the board of
trustees be less than one cent nor more than eight cents on each
one hundred dollars of all real and personal property as listed
for taxation in such:
Provided, however, That in the event that
the funds derived above are not sufficient to meet the annual
expenditures and the surplus reserve funds for any fiscal year do
not contain a sufficient balance to maintain full retirement
benefits for that fiscal year, the county shall for only that
fiscal year levy an amount not to exceed an additional two cents
on each one hundred dollars of all real and personal property listed for taxation in such county:
Provided further, That in
the event that a county is required to levy an amount for any
fiscal year in excess of eight cents on each one hundred dollars
of all real and personal property as provided above, the county
shall assess and collect for only that fiscal year from each
member an additional amount of one percent of the actual salary
or compensation for each one cent that the county has levied in
excess of the eight cents which shall become a required part of
the pension and relief fund to which the member belongs.
The levies authorized under the provisions of this section,
or any part of them, may by the county commission be laid in
addition to all other county levies, and to that extent, beyond
the limit of levy imposed otherwise by law; and such levies shall
supersede and if necessary exclude levies for other purposes if
such priority or exclusion is necessary under limitations upon
taxes or tax levies imposed by law:
Provided, That no levy
authorized by this article shall become an obligation of the
state.
The board of trustees of the deputy sheriffs' pension and
relief fund is authorized to take by gift, grant, devise or
bequest, any money or real or personal property, upon such terms as to the investment and expenditures thereof as may be fixed by
the grantor or determined by said trustees.
In addition to all other sums provided for pensions in this
section, it shall be the duty of every county in which any such
fund or funds have been or shall be established to assess and
collect from each member of the sheriff's department each month,
the sum of seven percent of the actual salary or compensation of
such member; and the amount so collected shall become a regular
part of the deputy sheriffs' pension and relief fund. Nine and
one-half percent of all fees collected from the sale of license
plates and renewal of registration decals and fees related to
service of process shall be deposited into the deputy sheriffs'
pension and relief fund.
(b) (1) After the thirtieth day of June, one thousand nine
hundred ninety-seven: In order for a deputy sheriffs' pension
and relief fund to receive the allocable portion of moneys from
the county pensions and protection fund established in section
fourteen-d, article three, chapter thirty-three of this code, the
county commission of the county shall levy annually and in the
manner provided by law for other county levies, and include
within the maximum levy or levies permitted by law: (A) The amount of the contributions received during such year from the
members of the respective county sheriffs' department; and (B)
the allocable portion of the county pensions and protection fund
established in section fourteen-d, article three, chapter
thirty-three of this code to provide funds equal to the amount
necessary to meet the minimum standards for actuarial soundness
as provided in section twenty of this article, said amount to be
irrevocably contributed, accumulated and invested as fund assets
described in sections six and seven of this article. Such county
contributions shall be deposited as such fund assets on at least
a quarterly basis and any revenues received from any source by a
county which are specifically collected for the purpose of
allocation for deposit into such fund shall be so deposited
within thirty days of receipt by the county. Such heretofore
surplus reserves accumulated before the first day of July, one
thousand nine hundred ninety-five, shall be irrevocably
contributed, aggregated and invested as fund assets described in
sections six and seven of this article. Any actuarial deficiency
arising under this section and section five of this article shall
not be the obligation of the state of West Virginia.
(2) The levies authorized under the provisions of this section, or any part of them, may by the county commission be
laid in addition to all other county levies, and such levies
shall supersede and if necessary exclude levies for other
purposes, where such other purposes have not already attained
priority, and within the limitations upon taxes or tax levies
imposed by the Constitution and laws.
(3) Such public corporation is authorized to take by gift,
grant, devise or bequest, any money or real or personal property,
upon such terms as to the investment and expenditures thereof as
may be fixed by the grantor or determined by said trustees.
(4) In addition to all other sums provided for pensions in
this section, it shall be the duty of the county commission in
every county in which any such fund or funds have been or shall
be established to assess and collect from each deputy sheriff of
the county sheriff's department, the sum of seven percent of the
actual salary or compensation of such member; and the amount so
collected shall become a regular part of the deputy sheriffs'
pension and relief fund. Such member contributions shall be
deposited in such pension and relief fund on at least a monthly
basis.
(5) For the fiscal year beginning on the first day of July, one thousand nine hundred ninety-seven, and for each fiscal year
thereafter, the state treasurer shall retain the allocable
portion of the deputy sheriffs' pensions and protection fund,
established in section fourteen-d, article three, chapter
thirty-three of this code, until such time as the treasurer of
the county applies for such allocable portion and certifies in
writing to the state auditor that:
(A) The county has irrevocably contributed the amount
required under this section and section five of this article to
such pension and relief fund for the fiscal year; and
(B) The board of trustees of such pension and relief fund
has made a report to the county commission of the particular
county on the condition of its fund with respect to the fiscal
year.
(6) When the aforementioned application and certification
are made the allocable portion of moneys from the deputy
sheriffs' pensions and protection fund shall be paid to the
corresponding deputy sheriffs' pension and relief fund.
(7) The state auditor has the power and duty as he deems
necessary to perform or review audits on such pension and relief
funds or to employ an independent consulting actuary or accountant to determine the compliance of the aforementioned
certification with the requirements of this section and section
twenty of this article. The expense of such audit or
determination shall be paid from the portion of the deputy
sheriffs' pensions and protection fund allocable to the deputy
sheriffs' pension and relief fund. If such allocable portion of
the deputy sheriffs' pensions and protection fund is not paid to
such pension and relief fund within thirty-six months, such
portion is forfeited by such pension and relief fund and is
allocable to other eligible deputy sheriffs' pension and relief
funds in accordance with section fourteen-d, article three,
chapter thirty-three of this code.
§7-14C-5. Minimum standards for actuarial soundness.
The board of trustees for each pension and relief fund shall
have regularly scheduled actuarial valuation reports prepared by
a qualified actuary. All of the following standards must be met:
(a) An actuarial valuation report shall be prepared at least
once every three years commencing with the later of: (1) The
first day of July, one thousand nine hundred ninety-seven; or (2)
three years following the most recently prepared actuarial
valuation report:
Provided, That this most recently prepared actuarial valuation report meets all of the standards of this
section.
(b) The actuarial valuation report shall consist of, but is
not limited to, the following disclosures: (1) The financial
objective of the fund and how the objective is to be attained;
(2) the progress being made toward realization of the financial
objective; (3) recent changes in the nature of the fund, benefits
provided, or actuarial assumptions or methods; (4) the frequency
of actuarial valuation reports and the date of the most recent
actuarial valuation report; (5) the method used to value fund
assets; (6) the extent to which the qualified actuary relies on
the data provided and whether the data was certified by the
fund's auditor or examined by the qualified actuary for
reasonableness; (7) a description and explanation of the
actuarial assumptions and methods; and (8) any other information
the qualified actuary feels is necessary or would be useful in
fully and fairly disclosing the actuarial condition of the fund.
(c) After the thirtieth day of June, two thousand one, and
thereafter, the financial objective of each county shall not be
less than to contribute to the fund annually an amount which,
together with the contributions from the members and the allocable portion of the state premium tax fund for deputy
sheriffs' pension and relief funds established under section
fourteen-d, article three, chapter thirty-three of this code and
other income sources as authorized by law, will be sufficient to
meet the normal cost of the fund and amortize any actuarial
deficiency over a period of not more than forty years:
Provided,
That in the fiscal year ending the thirtieth of June, two
thousand one, the county commission on behalf of the county may
elect to make its annual contribution to the fund utilizing an
alternative contribution in an amount not less than: (i) One
hundred seven percent of the amount contributed for the fiscal
year ending the thirtieth day of June, one thousand nine hundred
ninety-nine; or (ii) an amount equal to the average of the
contribution payments made in the five highest fiscal years
beginning with the fiscal year of one thousand nine hundred
ninety-six, whichever is greater:
Provided, however, That
contribution payments in subsequent fiscal years under this
alternative contribution method shall not be less than one
hundred seven percent of the amount contributed in the prior
fiscal year:
Provided further, That prior to utilizing this
alternative contribution methodology the actuary of the fund shall certify in writing that the fund is projected to be solvent
under the alternative contribution method for the next
consecutive fifteen-year period. For purposes of determining
this minimum financial objective: (1) The value of the fund's
assets shall be determined on the basis of any reasonable
actuarial method of valuation which takes into account fair
market value; and (2) all costs, deficiencies, rate of interest,
and other factors under the fund shall be determined on the basis
of actuarial assumptions and methods which, in aggregate, are
reasonable (taking into account the experience of the fund and
reasonable expectations) and which, in combination, offer the
qualified actuary's best estimate of anticipated experience under
the fund.
Notwithstanding any other provision of this section or
article to the contrary, each county shall contribute annually to
the fund an amount which may not be less than the normal cost, as
determined by the actuarial report.
(d) For purposes of this section the term "qualified
actuary" means only an actuary who is a member of the society of
actuaries or the American academy of actuaries. The qualified
actuary shall be designated a fiduciary and shall discharge his duties with respect to a fund solely in the interest of the
members and member's beneficiaries of that fund. In order for
the standards of this section to be met, the qualified actuary
shall certify that the actuarial valuation report is complete and
accurate and that in his opinion the technique and assumptions
used are reasonable and meet the requirements of this section of
this article.
(e) The cost of the preparation of the actuarial valuation
report shall be paid by the fund.
(f) Notwithstanding any other provision of this section, for
the fiscal year ending the thirtieth day of June, two thousand
and one, the county may calculate its annual contribution based
upon the provisions of the supplemental benefit provided for in
this article enacted during the one thousand nine hundred
ninety-five regular session of the Legislature.
§7-14C-6. Duties and bond of custodian of funds.
The treasurer of the county shall be the custodian of all of
the assets of the deputy sheriffs' pension and relief fund, and
shall deposit and pay out the moneys thereof upon, and in
accordance with, any proper order of the board of trustees. Such
treasurer shall be liable upon his official bond as treasurer for the faithful performance of his duties in respect to such fund or
funds, and the official bond of the treasurer covering such fund
or funds shall be executed with a good and financially
responsible surety company authorized to do business in this
state, as surety for such fund or funds. The treasurer of the
county shall as a fund fiduciary, discharge his duties with
respect to such pension and relief fund solely in the interest of
the members and members' beneficiaries for the exclusive purpose
of providing benefits to such members and their beneficiaries and
defraying reasonable expenses of administering the fund. Such
fund or funds shall be trust funds and shall not be used for any
other purpose than provided herein. Such treasurer shall keep in
convenient form such data as may be necessary for an actuarial
valuation report of such fund and for checking the actuarial
experience of such fund.
§7-14C-7. Investment of funds; exercise of judgment in making
investments; actuarial studies required; annual
report.
The board of trustees may invest a portion or all of the
fund assets in the consolidated fund or the consolidated pension
fund. The board of trustees shall invest any moneys received by it and not invested in the consolidated fund or the consolidated
pension fund in the following classes of securities and accounts
and not otherwise, which securities and accounts mature on such
dates as will make available such amount of cash as is required:
(a) Obligations of the United States or any agency thereof,
which are guaranteed by the United States or for which the full
faith and credit of the United States is pledged for the payment
of principal and interest, or any obligation of an agency of the
United States designated in section nine, article six, chapter
twelve of this code.
(b) Certificates of deposit secured by: (1) Obligations as
listed in subdivision (a) of this section; (2) general obligation
or revenue bonds of the state of West Virginia; (3) general
obligation bonds of any other state; (4) general obligation bonds
of any county in this state or of any county board of education
in this state; or (5) general obligation bonds of any
municipality in this state.
(c) Interest bearing savings accounts or certificates of
deposit in banking institutions, the accounts of which are
insured by the federal deposit insurance corporation, or interest
bearing savings accounts in federal savings and loan associations, the accounts of which are insured by the federal
savings and loan insurance corporation, or interest bearing
savings accounts in building and loan associations, the accounts
of which are insured by the federal savings and loan insurance
corporation:
Provided, That an investment in any such savings
account in excess of the amount thereof which would be insured by
the federal deposit insurance corporation or the federal savings
and loan insurance corporation, as the case may be, shall not be
made unless such banking institution, federal savings and loan
association or building and loan association provides adequate
bond or other adequate security for the amount of the proposed
county investment in excess of such insurance coverage, the
adequacy of any such bond or other security to be determined by
the treasurer of such county.
(d) Any security that is secured by a first lien deed of
trust or mortgage on real property situate within this state:
Provided, That the value of the securing of first lien deed of
trust or mortgage shall be at least twice the amount loaned
thereon, based on a sound appraisal by a competent appraiser and
duly certified by him or federally insured:
Provided, however,
That the interest for such loan of money at a rate expressed in terms of dollars upon one hundred dollars for a year, shall be
not less than the monthly index of long-term government bonds
yields for the second preceding calendar month plus an additional
one percent a year rounded off to the nearest quarter of one
percent a year.
Any investment made under this article shall be made with
the exercise of that degree of judgment and care, under
circumstances then prevailing, which men of experience, prudence,
discretion and intelligence exercise in the management of their
own affairs, not for speculation but for investment, considering
the probable safety of their capital as well as the probable
income to be derived.
§7-14C-8. Rules as to distribution of funds; proof of age.
The board of trustees of the deputy sheriffs' pension and
relief fund shall make rules, consistent with the provisions of
this article, for the distribution of the moneys of such funds
according to the qualifications of those to whom any portion of
such moneys shall be paid and the amount thereof:
Provided, That
such rules shall not be enforced until the same have been
approved by the county commission.
At the time of the original appointment of any deputy sheriff of the particular sheriff's department, such deputy
sheriff shall, at the request of the board of trustees, furnish
to said board a certified copy of his birth certificate or other
proof of his date of birth satisfactory to the board.
§7-14C-9. Eligibility for total and temporary disability
pensions and total and permanent disability
pensions.
(a) All deputy sheriffs applying for total and temporary or
total and permanent disability benefits after the thirtieth day
of June, one thousand nine hundred ninety-five, shall be examined
by at least two physicians under the direction of the staff at
Marshall University, Huntington, West Virginia University,
Morgantown or West Virginia University, Charleston:
Provided,
That if such deputy sheriff's medical condition cannot be agreed
upon by two such physicians, a third physician shall examine such
deputy. Such medical examination shall include the review of
such deputy sheriff's medical history. The expense of the deputy
sheriff's transportation to such medical examination and the
expense of the medical examination shall be paid by the board of
trustees, such medical expense shall not exceed the reasonable
and customary charges for such services.
(b) Effective for deputy sheriffs becoming eligible for
total and temporary disability benefits after the thirtieth day
of June, one thousand nine hundred ninety-five, initially or
previously under this subsection allowance for initial or
additional total and temporary disability payments, the amount
thereof to be determined as specified in section nine of this
article, shall be paid to such member during such disability for
a period not exceeding twenty-six weeks if after a medical
examination in accordance with subsection (a) of this section,
two examining physicians report in writing to the board of
trustees that: (1) Such deputy sheriff has become so totally,
physically or mentally disabled, from any reason, as to render
such member totally, physically or mentally, incapacitated for
employment as a deputy sheriff; and (2) it has not been
determined if such disability is permanent or it has been
determined that such disability may be alleviated or eliminated
if such deputy sheriff follows a reasonable medical treatment
plan or reasonable medical advice:
Provided, That in any event
a deputy sheriff is not eligible for total and temporary
disability payments following the fourth consecutive twenty-six
week period of total and temporary disability unless such subsequent disability results from a cause unrelated to the cause
of the four previous periods of total and temporary disability.
During such two-year period of such total and temporary
disability, such department is required to restore such deputy
sheriff to his or her former position in such department at any
time he or she is determined to no longer be disabled:
Provided,
That the department may refill, on a temporary basis, the
position vacated by such deputy sheriff after the first
twenty-six weeks of his temporary disability.
(c) Effective for deputy sheriffs becoming eligible for
total and permanent disability benefits initially under this
subsection or becoming eligible for total and temporary
disability benefits under subsection (b) of this section after
the thirtieth day of June, one thousand nine hundred ninety-five,
allowance for total and permanent disability payments, the amount
thereof to be determined as specified in section twenty-four of
this article, shall be paid to such member after a medical
examination in accordance with subsection (a) of this section,
two examining physicians report in writing to the board of
trustees that such deputy sheriff has become so totally,
physically or mentally, and permanently disabled, as a proximate result of service rendered in the performance of his duties in
such department, as to render such deputy sheriff totally,
physically or mentally, and permanently incapacitated for
employment as a police officer if such deputy sheriff has been a
member of such department for a period of not less than five
consecutive years preceding such disability, such deputy sheriff
has become so totally, physically or mentally, and permanently
disabled, from any reason other than service rendered in the
performance of his duties in such department, as to render such
deputy sheriff totally, physically or mentally, and permanently
incapacitated for employment as a police officer. The phrase
"totally, physically or mentally, and permanently disabled" shall
not be construed to include a medical condition which may be
corrected if such deputy sheriff follows a reasonable medical
treatment plan or reasonable medical advice.
(d) Effective for deputy sheriffs becoming eligible for
total and temporary disability benefits after the thirtieth day
of June, one thousand nine hundred ninety-five, under the
provisions of subsection (b) of this section, any payments for
total and temporary disability for a period during such
disability not exceeding twenty-six weeks shall cease at the end of such twenty-six week period under the following conditions:
(1) Such deputy sheriff fails to be examined as provided in
subsection (a) of this section; or (2) such deputy sheriff is
examined or reexamined as provided in subsection (a) of this
section and two examining physicians report to the board of
trustees that such deputy sheriff's medical condition does not
meet the requirements of subsection (b) or (c) of this section.
Effective for deputy sheriffs becoming eligible for total and
temporary disability benefits after the thirtieth day of June,
one thousand nine hundred ninety-five, under subsection (b) of
this section, subsequent to such deputy sheriff's receipt of
total and temporary disability payments for a period of two
years, such payments shall cease at the end of such two-year
period under the following conditions: (1) Such deputy sheriff
fails to be examined as provided in subsection (a) of this
section or (2) such deputy sheriff is examined or reexamined as
provided in subsection (a) of this section and two examining
physicians report to the board of trustees that such deputy
sheriff's medical condition does not meet the requirements of
subsection (c) of this section.
§7-14C-10. Disability pensions.
(a) The monthly sum to be paid to each deputy sheriff
eligible for disability received as a proximate result of service
rendered in the performance of his or her duties under the
provisions of section eight of this article shall be equal to
sixty percent of the monthly salary being received by such
member, at the time he is so disabled, or the sum of five hundred
dollars per month, whichever shall be greater:
Provided, That
the limitation provided in subsection (b) of this section is not
exceeded.
(b) Effective for any deputy sheriff who becomes eligible
for disability benefits on or after the first day of July, one
thousand nine hundred ninety-five, under the provisions of
section nine of this article, as a proximate result of service
rendered in the performance of his or her duties within such
departments, his or her monthly disability payment as provided in
subsection (a) of this section shall not, when aggregated with
the monthly amount of state workers' compensation, result in such
disabled member receiving a total monthly income from such
sources in excess of one hundred percent of the basic
compensation which is paid to deputy sheriffs holding the same
position which such deputy sheriff held within such department at the time of his disability. Lump sum payments of state workers'
compensation benefits shall not be considered for purposes of
this subsection unless such lump sum payments represent commuted
values of monthly state workers' compensation benefits.
(c) Any deputy sheriff who has served on active duty with
the armed forces of the United States as described in section
twenty-seven of this article, whether prior or subsequent to
becoming a deputy sheriff covered by the provisions of this
article, and who, on the first day of July, two thousand one, is
receiving or thereafter receives a disability pension, shall
receive in addition to the sixty percent or minimum five hundred
dollars authorized in subsection (a) of this section, one
additional percent for each year served in active military duty,
up to a maximum of four additional percent.
(d) Beginning on and after the first day of April, two
thousand six, the monthly sum to be paid to a deputy sheriff who
becomes eligible for total disability incurred not in the line of
duty shall be the monthly benefit provided in subsection (a) of
this section:
Provided, That the limitation in subsection (b) of
this section is not exceeded:
Provided, however, That for any
person receiving benefits under this subsection who is self-employed or employed by another, there shall be offset
against said benefits the amount of one dollar for each three
dollars of income derived from self-employment or employment by
another:
Provided further, That a person receiving disability
benefits must file a certified copy of his or her tax return on
or before the fifteenth day of April of each year to demonstrate
either unemployment or income earned from self-employment or
employment by another:
And provided further, That there shall be
no offset of benefit for any income derived from self-employment
or employment by another when the annual total amount of such
income is seven thousand five hundred dollars or less.
§7-14C-11. Retirement pensions.
(a) Any deputy sheriff who is entitled to a retirement
pension hereunder, and who has been in the honorable service of
such department for twenty years, may, upon written application
to the board of trustees, be retired from all service in such
department without medical examination or disability. On such
retirement the board of trustees shall authorize the payment of
annual retirement pension benefits commencing upon his retirement
or upon his attaining the age of fifty years, whichever is later,
payable in twelve monthly installments for each year of the remainder of his life, in an amount equal to sixty percent of
such deputy sheriff's average annual salary or compensation
received during the three twelve-consecutive-month periods of
employment with such department in which such deputy sheriff
received his or her highest salary or compensation while a member
of the department, or an amount of five hundred dollars per
month, whichever is greater.
(b) Any deputy sheriff of any such department who is
entitled to a retirement pension under the provisions of
subsection (a) of this section and who has been in the honorable
service of such department for more than twenty years at the time
of his retirement shall receive, in addition to the sixty percent
authorized in said subsection (a):
(1) Two additional percent, to be added to the sixty percent
for each of the first five additional years of service completed
at the time of retirement in excess of twenty years of service up
to a maximum of seventy percent; and
(2) One additional percent, to be added to such maximum of
seventy percent, for each of the first five additional years of
service completed at the time of retirement in excess of
twenty-five years of service up to a maximum of seventy-five percent.
The total additional credit provided for in this subsection
may not exceed fifteen additional percent.
(c) Any deputy sheriff of any such department whose service
has been interrupted by duty with the armed forces of the United
States as provided in section fourteen of this article prior to
the first day of July, one thousand nine hundred ninety-five,
shall be eligible for retirement pension benefits immediately
upon retirement, regardless of his age, if he shall otherwise be
eligible for such retirement pension benefits.
Any deputy sheriff or previously retired deputy sheriff of
any such department who has served in active duty with the armed
forces of the United States as described in section fourteen of
this article, whether prior to or subsequent to becoming a deputy
sheriff covered by the provisions of this article, shall receive,
in addition to the sixty percent authorized in subsection (a) of
this section and the additional percent credit authorized in
subsection (b) of this section, one additional percent for each
year so served in active military duty, up to a maximum of four
additional percent. In no event, however, may the total benefit
granted to any deputy sheriff exceed seventy-five percent of the deputy sheriff's annual average salary calculated in accordance
with subsection (a) of this section.
(d) Any deputy sheriff shall be retired at the age of
sixty-five years in the manner provided in this subsection. When
a deputy sheriff reaches the age of sixty-five years, the said
board of trustees shall notify the sheriff of this fact, within
thirty days of such deputy sheriff's sixty-fifth birthday. The
president of the county commission shall cause such sixty-five
year old deputy sheriff to retire within a period of not more
than thirty additional days. Upon retirement under the
provisions of this subsection, such deputy sheriff shall receive
retirement pension benefits payable in twelve monthly
installments for each year of the remainder of his or her life in
an amount equal to sixty percent of such deputy sheriff's average
annual salary or compensation received during the three
twelve-consecutive-month periods of employment with such
department in which such deputy sheriff received his or her
highest salary or compensation while a member of the department,
or an amount of five hundred dollars per month, whichever is
greater. If such deputy sheriff has been employed in said
department for more than twenty years, the provisions of subsection (b) of this section shall apply.
(e) It shall be the duty of each deputy sheriff at the time
a fund is hereafter established to furnish the necessary proof of
his or her date of birth to the said board of trustees, as
specified in section eight of this article, within a reasonable
length of time, said length of time to be determined by the said
board of trustees. Then the board of trustees and the sheriff
shall proceed to act in the manner provided in subsection (d) of
this section and shall cause all deputy sheriffs who are over the
age of sixty-five years to retire in not less than sixty days
from the date the fund is established. Upon retirement under the
provisions of this subsection (e), such deputy sheriff, whether
he or she has been employed in said department for twenty years
or not, shall receive retirement pension benefits payable in
twelve monthly installments for each year of the remainder of his
or her life in an amount equal to sixty percent of such deputy
sheriff's average annual salary or compensation received during
the three twelve-consecutive-month periods of employment with
such department in which such deputy sheriff received his or her
highest salary or compensation while a member of the department,
or an amount of five hundred dollars per month, whichever is greater. If such deputy sheriff has been employed in said
department for more than twenty years, the provisions of
subsection (b) of this section shall apply.
§7-14C-12. Death benefits.
(a) In case:
(1) Any deputy sheriff 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 the first
day of July, one thousand nine hundred ninety-five, section ten
of this article, or after the thirtieth day of June, one thousand
nine hundred ninety-five, sections nine and ten of this article
or a retirement pension under the provisions of subsection (a) or
both subsections (a) and (b), section eleven of this article,
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 deputy sheriff of any such department who is on a disability pension prior to the first day of July, one
thousand nine hundred ninety-five, under section ten of this
article, or after the thirtieth day of June, one thousand nine
hundred ninety-five, under sections nine and ten of this article,
or is receiving or is entitled to receive retirement pension
benefits under the provisions of subsection (a) or both
subsections (a) and (b), section eleven of this article, 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 subdivision (1) and
(2) of this section the board of trustees of such pension and
relief fund shall, immediately following the death of such deputy
sheriff, pay to or for each of such entitled surviving
dependents the following pension benefits: To such spouse, until
death or remarriage, a sum per month equal to sixty percent of
such deputy sheriff's pension or, in the event such deputy sheriff was not receiving a pension at the time of his death, a
sum per month equal to sixty percent of the monthly retirement
pension such deputy sheriff would have been entitled to receive
pursuant to section eleven of this article on the date of his
death if such deputy sheriff had then been eligible for a
retirement pension thereunder, or the sum of three hundred
dollars per month, whichever is greater; to each such dependent
child, a sum per month equal to twenty percent of such deputy
sheriff's pension or, in the event such deputy sheriff was not
receiving a pension on the date of his death, a sum per month
equal to twenty percent of the monthly retirement pension such
deputy sheriff would have been entitled to receive pursuant to
section eleven of this article on the date of his or her death if
such deputy sheriff had then been eligible for a retirement
pension thereunder, or until such 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 deputy sheriff's pension or, in the event such
deputy sheriff was not receiving a pension at the time of his or
her death, a sum per month equal to twenty-five percent of the
monthly retirement pension such deputy sheriff would have been entitled to receive pursuant to section eleven of this article on
the date of his or her death if such deputy sheriff had then been
eligible for a retirement pension thereunder, until such 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 deputy sheriff's pension or,
in the event such deputy sheriff was not receiving a pension on
the date of his or her death, a sum per month equal to twenty-
five percent of the monthly retirement pension such deputy
sheriff would have been entitled to receive pursuant to section
twenty-five of this article on the date of his or her death if
such deputy sheriff had then been eligible for a retirement
pension thereunder, until such 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 deputy sheriff's pension or, in the event such deputy
sheriff was not receiving a pension on the date of his or her
death, a sum per month equal to ten percent of the monthly
retirement pension such deputy sheriff would have been entitled
to receive pursuant to section eleven of this article on the date
of his or her death if such deputy sheriff had then been eligible for a retirement pension thereunder; to each such dependent
brother or sister, the sum of fifty dollars per month until such
individual attains the age of eighteen years or marries,
whichever first occurs, but in no event shall the aggregate
amount paid to such brothers and sisters exceed one hundred
dollars 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 pro rata share of
such 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
deputy sheriff who dies by reason of service rendered in the
performance of his or her duties shall, regardless of the length
of such deputy sheriff's service and irrespective of whether such
deputy sheriff was or was not entitled to receive, or was or was
not receiving, disability pension or temporary disability
payments at the time of his or her death, receive the death
benefits provided for in subsection (a) of this section. If such
deputy sheriff had less than three years' service at the time of his or her death, the deputy sheriff's pension shall be computed
on the basis of the actual number of years of service.
(c) If a deputy sheriff dies without leaving a spouse,
dependent child or children, or dependent father or mother, or
dependent brothers or sisters, his or her contributions to the
fund plus six percent interest shall be refunded to his or her
named beneficiary or, if no beneficiary has been named, to his or
her estate to the extent that such contributions plus interest
exceed any disability or retirement benefits that he or she may
have received before his 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 the provisions hereof and benefits provided for hereunder
being 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 ten of this
article the benefit provided for in this section shall be
calculated as if the deputy sheriff had remained unemployed throughout any period of disability.
§7-14C-13. Supplemental pension benefits entitlement; benefit
payable; application of section; construction.
(a) Except as otherwise provided in this section, all
retirees, surviving beneficiaries, disability pensioners or
future retirees shall receive as a supplemental pension benefit
an annualized monthly amount commencing on the first day of July,
based on a percentage increase equal to any increase in the
consumer price index as calculated by the United States
Department of Labor, Bureau of Statistics, for the preceding
year:
Provided, That the supplemental pension benefit specified
herein shall not exceed four percent per year:
Provided,
however, That no retiree shall be eligible for the supplemental
pension benefit specified herein until the first day of July
after the expiration of two years from the date of retirement of
said retiree:
Provided further, That persons retiring prior to
the effective date of this section shall receive the supplemental
benefit provided for in this section immediately upon retirement
and shall not be subject to the two-year delay:
And provided
further, That the supplemental benefit shall only be calculated
on the allowable amount, which is the first fifteen thousand dollars of the total annual benefit paid. If at any time, after
the supplemental benefit becomes applicable, the total
accumulated percentage increase in benefit on the allowable
amount becomes less than seventy-five percent of the total
accumulated percentage increase in the consumer price index over
that same period of time, the four percent limitation shall be
inapplicable until such time as the supplemental benefit paid
equals seventy-five percent of the accumulated increase in the
consumer price index. The supplemental pension benefit payable
under the provisions of this section shall be paid in equal
monthly installments.
(b) Upon commencement of the payment of death benefits
pursuant to section twelve of this article, there shall be
calculated on the allowable amount, which is the first fifteen
thousand dollars of the annual allowable benefit under said
section twenty-six, the supplemental benefit provided for in
subsection (a) of this section using the date that the retirement
benefit provided for pursuant to section eleven of this article
began as the base year. The amount of the death benefit provided
pursuant to section thirteen of this article shall be calculated
without regard to any supplemental benefit previously paid under this section. After the initial calculation made pursuant to
this subsection the beneficiary of the benefits provided for
pursuant to section thirteen of this article, shall, after
reindexation, thereafter receive the supplemental benefit
provided for in subsection (a) of this section.
(c) Persons becoming disabled and eligible for a benefit
under subsection (d), section ten of this article after the first
day of January, one thousand nine hundred ninety-seven, shall
receive as an annualized monthly supplemental benefit commencing
on each first day of July an amount based on a percentage
increase equal to any increase in the consumer price index as
calculated by the United States Department of Labor, Bureau of
Statistics, for the preceding year:
Provided, That the
supplemental pension benefit shall not exceed four percent per
year:
Provided, however, That the benefit provided herein shall
not commence until the first day of July in the second year after
what would have been the earliest service retirement date
pursuant to section eleven of this article for the person
receiving the disability benefit:
Provided further, That for
persons becoming eligible for a benefit under subsection (d) of
this section, who were not employed in the preceding year and files a copy of his or her income tax return by the fifteenth of
April each year, evidencing said lack of employment, the benefit
provided herein shall commence on the first day of July in the
second year after the date of disablement:
And provided further,
That the supplemental benefit shall only be calculated on the
allowable amount, which is the first fifteen thousand dollars of
the total annual benefit paid. If at any time after the
commencement of the payment of the supplemental benefit provided
under this subsection the total accumulated percentage increase
in benefit on the allowable amount becomes less than seventy-five
percent of the total accumulated increase in the consumer price
index for that same period of time, the four percent limitation
shall be inapplicable until such time as the supplemental benefit
paid equals seventy-five percent of the accumulated increase in
the consumer price index.
(d) Persons receiving a disability pension pursuant to
section ten of this article prior to the first day of January,
one thousand nine hundred ninety-seven, shall receive commencing
each first day of July, as an annualized monthly supplemental
benefit an amount based on a percentage increase equal to any
increase in the consumer price index as calculated by the United States Department of Labor, Bureau of Statistics, for the
preceding year:
Provided, That the supplemental benefit provided
herein shall not exceed two percent per year:
Provided, however,
That beginning the first day of July two years after what would
have been the earliest service retirement date pursuant to
section eleven of this article the supplemental benefit provided
herein shall not exceed four percent per year. The amount of
supplemental benefit provided in this subsection shall not exceed
four percent beginning the first day of July in any twelve-month
period for any pensioner who files a certified copy of his or her
tax return evidencing that said pensioner was unemployed in the
preceding year and received no earned income. The tax return
shall be filed by the fifteenth of April in any such year. If at
any time after the first day of July in the second year from what
would have been the earliest service retirement date pursuant to
section eleven of this article the total accumulated percentage
increase in the supplemental benefit provided pursuant to this
subsection on the allowable amount becomes less than the
seventy-five percent of the total accumulated percentage increase
in the consumer price index over that same period of time, the
maximum percentage shall be inapplicable until such time as the percentage increase in the supplemental benefit paid equals
seventy-five percent of the accumulated increase in the consumer
price index. The supplemental benefit provided in this
subsection shall only be calculated on the allowable amount,
which is the first fifteen thousand dollars of the annual benefit
paid.
(e) Any supplemental benefits paid during a period of
nonentitlement may be withheld out of subsequent regular monthly
pension benefits.
(f) During the fiscal year ending on the thirtieth day of
June, two thousand one, and each year thereafter, each deputy
sheriff's pension fund shall be reviewed by a qualified actuary
who shall make a determination as to its actuarial soundness.
Based upon the actuary's determination of the actuarial soundness
of the fund, the actuary shall certify to the board of trustees
of the fund the amount of increase in supplemental benefits, if
any, which may be paid, and which will preserve the minimum
standards for actuarial soundness of the fund. The board of
trustees shall increase supplemental benefits by an amount which
is equal to the actuary's certified recommendation, up to the
four percent limit contained in this section or the increase in the consumer price index, whichever is less. If the actuary
determines that it is necessary to preserve the actuarial
soundness of the fund, the board of trustees of the fund shall
increase the percentage of the members' contribution from seven
percent to the amount certified by the actuary not to exceed
eight and one-half percent, but only for so long as is necessary
to achieve the minimum standards for actuarial soundness required
under this article. In any year in which there is no
supplemental benefit paid, such year shall not be included in the
reindexation calculation provided pursuant to this section.
(g) This section shall be construed liberally to effectuate
the purpose of establishing minimum pension benefits under this
article for members and surviving spouses.
§7-14C-14. General provisions concerning disability pensions,
retirement pensions and death benefits.
(a) In determining the years of service of a deputy sheriff
for the purpose of ascertaining certain disability pension
benefits, all retirement pension benefits and certain death
benefits, the following provisions shall be applicable:
(1) Absence from the service because of sickness or injury
for a period of two years or less shall not be construed as time out of service; and
(2) Any deputy sheriff covered by the provisions of this
article who has been required to, or shall at any future time be
required to, enter the armed forces of the United States by
conscription, by reason of being a deputy sheriff of some reserve
unit of the armed forces or a member of the West Virginia
national guard or air national guard, whose reserve unit or guard
unit is called into active duty for one year or more, or who
enlists in one of the armed forces of the United States, and who
upon receipt of an honorable discharge from such armed forces
presents himself or herself for resumption of duty to his or her
appointing sheriff within six months from his or her date of
discharge, and is accepted by the pension board's board of
medical examiners as being mentally and physically capable of
performing his or her required duties as a deputy sheriff, shall
be given credit for continuous service in said deputy sheriff,
and his or her rights shall be governed as herein provided. No
deputy sheriff shall be required to pay the monthly assessment as
now required by law, during his or her period of service in the
armed forces of the United States.
(b) As to any former deputy sheriff receiving disability pension benefits or retirement pension benefits from a deputy
sheriffs' pension and relief fund, on the first day of July, one
thousand nine hundred ninety-seven, the following provisions
shall govern and control the amount of such pension benefits:
(1) A former deputy sheriff who on the thirtieth day of
June, one thousand nine hundred seventy-two, was receiving
disability pension benefits or retirement pension benefits from
a pension and relief fund, shall continue to receive pension
benefits, but on and after the first day of July, one thousand
nine hundred ninety-seven, such pension benefits shall be no less
than the amount of five hundred dollars per month; and
(2) A former deputy sheriff who became entitled to
disability pension benefits or retirement pension benefits on or
after the first day of July, one thousand nine hundred
seventy-two, shall continue to receive pension benefits, but on
and after the first day of July, one thousand nine hundred
ninety-seven, shall receive the disability pension benefits, or
retirement pension benefits provided for in sections ten and
eleven of this article, as the case may be.
(c) As to any surviving spouse, dependent child or children,
or dependent father or mother, or dependent brothers or sisters, of any former deputy sheriff, receiving any death benefits from
a pension and relief fund, on the first day of July, one thousand
nine hundred ninety-seven, the following provisions shall govern
and control the amount of such death benefits:
(1) A surviving spouse, dependent child or children, or
dependent father or mother, or dependent brothers or sisters, of
any former deputy sheriff, who on the thirtieth day of June, one
thousand nine hundred seventy-two, was receiving any death
benefits from a pension and relief fund, shall continue to
receive death benefits, but on and after the first day of July,
one thousand nine hundred ninety-seven, such death benefits shall
be no less than the following amounts: To a surviving spouse,
until death or remarriage, the sum of three hundred dollars per
month, to each dependent child the sum of thirty dollars per
month, until such child shall attain the age of eighteen years or
marries, whichever first occurs; to each dependent orphaned
child, the sum of forty-five dollars per month, until such child
attains the age of eighteen years or marries, whichever first
occurs; to each dependent father and mother the sum of thirty
dollars per month for each; to each dependent brother or sister,
the sum of fifty dollars per month, until such individual attains the age of eighteen years or marries, whichever first occurs, but
in no event shall the aggregate amount paid to such brothers and
sisters exceed one hundred dollars 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 pro rata share of such 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;
and
(2) A surviving spouse, dependent child or children, or
dependent father or mother, or dependent brothers or sisters, of
a former deputy sheriff, who became eligible for death benefits
on or after the first day of July, one thousand nine hundred
seventy-two, shall continue to receive death benefits, but on and
after the first day of July, one thousand nine hundred
ninety-seven, shall receive the death benefits provided for in
section twelve of this article.
(d) A former deputy sheriff who is receiving disability
pension benefits on the first day of July, one thousand nine
hundred ninety-seven, shall continue to receive disability
pension benefits provided for in section ten of this article.
§7-14C-15. Period in which payments limited to income from
fund; reduced payments where fund insufficient.
Until the expiration of three years from the time of the
creation of any such fund, unless otherwise authorized by order
of the county commission, no payment shall be made to any deputy
sheriff, former deputy sheriff or beneficiary except from the
income arising from said fund; and if at any time prior to the
first day of July, one thousand nine hundred ninety-five, there
shall not be sufficient money to the credit of said pension and
relief fund to pay each deputy sheriff and beneficiary entitled
to the benefits thereof the full amount per month, as herein
provided, then an equal percentage of such monthly payments shall
be made to each deputy sheriff and beneficiary thereof, until the
earlier of: (a) The first day of July, one thousand nine hundred
ninety-seven; and (b) such time when said fund is so replenished
as to warrant payment in full to each of such members and
beneficiaries.
CHAPTER 33. INSURANCE.
ARTICLE 3. LICENSING, FEES AND TAXATION OF INSURERS.
§33-3-14d. Additional fire and casualty insurance premium tax;
allocation of proceeds; effective date.
(a) For the purpose of providing additional revenue for municipal policemen's and firemen's pension and relief funds and
the teachers retirement system reserve fund and for volunteer and
part volunteer fire companies and departments
and for the deputy
sheriffs' pension and relief funds, there is hereby levied and
imposed, on and after the first day of January, one thousand nine
hundred eighty-two, an additional premium tax equal to
one two
percent of gross direct premiums collected, less premiums
returned to policyholders because of cancellation of policies,
for fire insurance and casualty insurance policies. For purposes
of this section, casualty insurance shall not include insurance
on the life of a debtor pursuant to or in connection with a
specific loan or other credit transaction or insurance on a
debtor to provide indemnity for payments becoming due on a
specific loan or other credit transaction while the debtor is
disabled as defined in the policy. Except as otherwise provided
in this section, all provisions of this article relating to the
levy, imposition and collection of the regular premium tax are
applicable to the levy, imposition and collection of the
additional tax.
All One half of all moneys collected from this additional
tax shall be received by the commissioner and paid by him into a special account in the state treasury, designated the municipal
pensions and protection fund
and one-half shall be paid into a
special account in the state treasury, designated the deputy
sheriffs' pensions and protection fund. The net proceeds of this
tax after appropriation thereof by the Legislature shall be
distributed in accordance with the provisions of this section.
(b) Before the first day of August, one thousand nine
hundred eighty-three, and before the first day of August of each
calendar year thereafter, the treasurer of each municipality in
which a municipal policemen's or firemen's pension and relief
fund has been established shall report to the state treasurer the
average monthly number of members who worked at least one hundred
hours per month of municipal policemen's or firemen's pension
systems during the preceding fiscal year.
Before the first day
of August, one thousand nine hundred ninety-six, and before the
first day of August of each calendar year thereafter, the
treasurer of each county in which a deputy sheriffs' pension and
relief fund has been established shall report to the state
treasurer the average monthly number of members who worked at
least one hundred hours per month of deputy sheriffs' pension
systems during the preceding fiscal year. Before the first day of August, one thousand nine hundred eighty-three, and before the
first day of August of each calendar year thereafter, the state
fire marshal shall report to the state treasurer the names and
addresses of all volunteer and part volunteer fire companies and
departments within the state which meet the eligibility
requirements established in section eight-a, article fifteen,
chapter eight of this code.
Before the first day of September, one thousand nine hundred
eighty-three,
and in the case of the deputy sheriffs' pensions
and protection fund, before the first day of September, one
thousand nine hundred ninety-six, and before the first day of
September of each calendar year thereafter, the state treasurer
shall allocate and authorize for distribution the revenues in the
municipal pensions and protection fund
and the deputy sheriffs'
pensions and protection fund which were collected during the
preceding calendar year for the purposes set forth in this
section. Sixty-five percent of the aforementioned revenues
allocated shall be allocated to municipal policemen's and
firemen's pension and relief funds
and the deputy sheriffs'
pensions and protection fund; twenty-five percent of such
allocated revenues shall be allocated to volunteer and part volunteer fire companies and departments, and ten percent of such
allocated revenues shall be allocated to the teachers retirement
system reserve fund created by section eighteen, article seven-a,
chapter eighteen of this code:
Provided, That in any year the
actuarial report required by section twenty, article twenty-two,
chapter eight of this code indicates no actuarial deficiency in
the municipal policemen's or firemen's pension and relief fund
and the deputy sheriffs' pension and relief fund, no revenues may
be allocated from the municipal pensions and protection fund
and
the deputy sheriffs' pension and relief fund, to that fund. The
revenues from the municipal pensions and protection fund
and the
deputy sheriffs' pension and relief fund shall then be allocated
to all other pension funds which have an actuarial deficiency.
(c) (1) Each municipal pension and relief fund
and each
deputy sheriff's pension and relief fund shall have allocated and
authorized for distribution a pro rata share of the revenues
allocated to municipal policemen's and firemen's pension and
relief funds
and the deputy sheriffs' pension and relief funds
based upon the corresponding municipality's
and corresponding
county's average monthly number of members who worked at least
one hundred hours per month during the preceding fiscal year. All moneys received by municipal pension and relief funds
and deputy
sheriffs' pension and relief funds under this section may be
expended only for the purposes described in sections sixteen
through twenty-eight, article twenty-two, chapter eight
and
sections one through fourteen, article fourteen-c, chapter seven
of this code.
(2) Each volunteer fire company or department shall receive
an equal share of the revenues allocated for volunteer and part
volunteer fire companies and departments.
(3) In addition to the share allocated and distributed in
accordance with subdivision (1) of this subsection, each
municipal fire department composed of full-time paid members and
volunteers and part volunteer fire companies and departments
shall receive a share equal to the share distributed to volunteer
fire companies under subdivision (2) of this subsection reduced
by an amount equal to such share multiplied by the ratio of the
number of full-time paid fire department members who are also
members of a municipal firemen's pension system to the total
number of members of such fire department.
(d) The allocation and distribution of revenues provided for
in this section are subject to the provisions of section twenty, article twenty-two, and sections eight-a and eight-b, article
fifteen, chapter eight of this code.
NOTE: The purpose of this bill is to create county deputy
sheriffs' pension and relief funds for all deputy sheriffs
serving in this state. The bill allows the deputy sheriffs in
each county to vote for or against the creation of the pension
and relief fund. Upon a majority voting in favor, the county
commission then takes a vote. If a majority of the county
commission vote in favor of establishing the fund, an order is
issued to establish the fund along with a board of trustees to
administer it. The bill requires that deputy sheriffs contribute
to the pension fund and that a percentage of certain fees for
license renewal and service of process be dedicated to the funds.
Counties are also authorized to levy taxes to provide funding for
the pension and relief fund but the state cannot be obligated
relative to the application of any levy. The additional fire and
casualty insurance premium tax provided for in §33-3-14d is
increased from one percent to two percent to provide additional
revenue to the pension and relief funds. The state treasurer is
directed to administer the allocation of funds collected from the
additional fire and casualty insurance premium tax. Each county
is directed to establish a board of trustees to administer the
fund, with the president of the county commission acting as
chairperson of the board. The bill is fashioned after existing
statutory provisions addressing pension and relief funds for
municipal police and firefighters.
§7-14c, is new; therefore, strike-throughs and underscoring
have been omitted.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.