H. B. 4103
(By Delegates Manuel, Tabb, Doyle, Webster,
Amores, Trump and Duke)
[Introduced January 22, 2004; referred to the
Committee on Pensions and Retirement then Finance.]
A BILL to amend and reenact §15-2A-9 of the code of West Virginia,
1931, as amended, relating to eliminating any reduction in the
benefit of a state police officer who is disabled on the job
when the officer attains the age of fifty-five.
Be it enacted by the Legislature of West Virginia:
That §15-2A-9 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2A. WEST VIRGINIA STATE POLICE RETIREMENT SYSTEM.
§15-2A-9. Awards and benefits for disability -- Incurred in
performance of duty.
Any member of the division who has been or shall become
physically or mentally permanently disabled by injury, illness or
disease resulting from any occupational risk or hazard inherent in
or peculiar to the services required of members of the division and
incurred pursuant to or while the member was or shall be engaged in the performance of his or her duties as a member of the division
shall, if, in the opinion of the retirement board, he or she is by
reason of such cause unable to perform adequately the duties
required of him or her as a member of the division, but is able to
engage in other gainful employment be retired from active service
by the board. The member shall thereafter be entitled to receive
annually and there shall be paid to the member from the fund in
equal monthly installments during the lifetime of the member or
until the member attains the age of fifty-five
(1) An amount equal to six tenths of the base salary received
in the preceding twelve-month employment period: Provided,
That if
the member had not been employed with the division for twelve
months prior to the disability, the amount of monthly salary shall
be annualized for the purpose of determining the benefit; or
(2) The sum of six thousand dollars.
Upon attaining age fifty-five, the member shall receive the
benefit provided for in section six of this article, if it is a
higher benefit than the benefit the member is receiving under the
disability provisions set out above, as it would apply to his or
her final average salary based on earnings from the division
through the day immediately preceding his or her disability. The
recalculation of benefit upon a member attaining age fifty-five shall be deemed to be a retirement under the provisions of section
six of this article, for purposes of determining the amount of
annual annuity adjustment and for all other purposes of this
article. A benefit received by a member based on disability as set
out above may not be reduced during the lifetime of the member.
If any member shall become permanently physically or mentally
disabled by injury, illness or disease resulting from any
occupational risk or hazard inherent in or peculiar to the services
required of members of the division and incurred pursuant to or
while such member was or shall be engaged in the performance of his
or her duties as a member of the division to the extent that the
member is or shall be incapacitated ever to engage in any gainful
employment, the member shall be entitled to receive annually, and
there shall be paid to such member from the fund in equal monthly
installments during the lifetime of the member or until such
disability shall sooner terminate, an amount equal to the amount of
the base salary received by the member in the preceding twelve-
month employment period.
The superintendent of the division is authorized to expend
moneys from funds appropriated for the division in payment of
medical, surgical, laboratory, X ray, hospital, ambulance and
dental expenses and fees, and reasonable costs and expenses
incurred in the purchase of artificial limbs and other approved
appliances which may be reasonably necessary for any member of the division who has or shall become temporarily, permanently or
totally disabled by injury, illness or disease resulting from any
occupational risk or hazard inherent in or peculiar to the service
required of members of the division and incurred pursuant to or
while the member was or shall be engaged in the performance of
duties as a member of the division. Whenever the superintendent
shall determine that any disabled member is ineligible to receive
any of the aforesaid benefits at public expense, the superintendent
shall, at the request of the disabled member, refer such matter to
the board for hearing and final decision.
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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