H. B. 2130
(By Delegate Swartzmiller)
[Introduced January 15, 2007; referred to the
Committee on Pensions and Retirement then Finance.]
A BILL to amend and reenact §7-14D-14 of the Code of West Virginia,
1931, as amended, relating to eliminating any reduction in the
benefit of a deputy sheriff who is disabled on the job.
Be it enacted by the Legislature of West Virginia:
That §7-14D-14 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 14D. CIVIL SERVICE FOR DEPUTY SHERIFFS.
§7-14D-14. Awards and benefits for disability -- Duty related.
Any member who after the effective date of this article and
during covered employment: (A) Has been or becomes either totally
or partially disabled by injury, illness or disease; and (B) the
disability is a result of an occupational risk or hazard inherent
in or peculiar to the services required of members; or (C) the
disability was incurred while performing law-enforcement functions
during either scheduled work hours or at any other time; and (D) in the opinion of the board, the member is by reason of the disability
unable to perform adequately the duties required of a deputy
sheriff, is entitled to receive and shall be paid from the fund in
monthly installments during the lifetime of the member, or if
sooner, until the member attains normal retirement age or until the
disability sooner terminates, the compensation under either
subdivision (a) or (b) of this section.
(a) If the member is totally disabled, the member shall
receive ninety percent of his or her average full monthly
compensation for the twelve-month contributory period preceding the
member's disability award, or the shorter period if the member has
not worked twelve months.
(b) If the member is partially disabled, the member shall
receive forty-five percent of his or her average full monthly
compensation for the twelve-month contributory period preceding the
member's disability award, or the shorter period if the member has
not worked twelve months.
If the member remains totally disabled until attaining
sixty-five years of age, the member shall then receive the
retirement benefit provided for in sections eleven and twelve of
this article.
If the member remains partially disabled until attaining sixty
years of age, the member shall then receive the retirement benefit
provided
for in sections eleven and twelve of this article.
NOTE: The purpose of this bill is to eliminate any reduction
in the benefit of a deputy sheriff who is disabled on the job.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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