SENATE CONCURRENT RESOLUTION 59

(By Senators Nelson, Clements, Plymale, Swope, Azinger, Lindsay, and Trump)

[Originating in the Committee on Pensions; reported on April 1, 2021]

Requesting the Joint Committee on Government and Finance study the benefits of creating a third tier within the PERS retirement program for public safety employees, including 911 operators; determine the most appropriate and fair method of implementing this new tier; consider any potential unintended consequences of this creation of the tier; determine how the new tier should be used to provide enhanced benefits to public safety employees within PERS; determine whether return to work provisions should be modified for any or all retirement systems administered by the West Virginia Consolidated Public Retirement Board (CPRB); and determine whether employer contribution caps for certain retirement plans administered by the CPRB should be modified or eliminated.

Whereas, Public safety employees within PERS are at greater risk due to the inherent danger of the duty obligations required by their occupations; and

Whereas, The open positions for correctional officers, police officers, firefighters, and 911 operators may be more easily filled if such occupations were entitled to participate in a separate tier of the PERS system with enhanced benefits; and

Whereas, The CPRB would have a greater administrative burden if a new tier is created within PERS, and this resolution will aid in quantifying that burden; and

Whereas, Certain retirement systems administered by the CPRB have employer contributions that are capped at certain levels and could have a detrimental impact on the actuarial funding of the system; and

Whereas, Certain return to work provisions for retirants of the retirement systems administered by the CPRB may be outdated and no longer sustainable for retirants who return to work on a part-time or temporary basis; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance study the benefits of creating a third tier within the PERS retirement program for public safety employees, including 911 operators; determine the most appropriate and fair method of implementing this new tier; consider any potential unintended consequences of this creation of the tier; determine how the new tier should be used to provide enhanced benefits to public safety employees within PERS; determine whether return to work provisions should be modified for any or all retirement systems administered by the West Virginia Consolidated Public Retirement Board (CPRB); and determine whether employer contribution caps for certain retirement plans administered by the CPRB should be modified or eliminated; and, be it

Further Resolved, That the Joint Committee on Government and Finance study the potential necessity of altering or amending certain outdated return to work provisions for retirants of the retirement systems administered by the CPRB; and, be it

Further Resolved, That the Joint Committee on Government and Finance study the potential benefits and detriments that would be involved in eliminating the employer contribution cap in certain retirement systems administered by the CPRB; and, be it

Further Resolved, That the Joint Committee on Government and Finance enlist the assistance of all ranks, organizations, groups, and departments of the CPRB as is necessary to conduct the study; and, be it

Further Resolved, That the Joint Committee on Government and Finance conclude its study and final report on its findings, conclusions, and recommendations on or before December 1, 2021; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2022, on its findings, conclusions, and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report, and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.