H. B. 4451
(By Delegates Hamilton and Lane)
[Introduced February 11, 2010
; referred to the
Committee on Pensions and Retirement then Finance.]
A BILL to amend and reenact §5-10-52 of the Code of West Virginia,
1931, as amended, relating to certain members of the
Legislature and certain service by members of the Legislature.
Be it enacted by the Legislature of West Virginia:
That §5-10-52 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 10. WEST VIRGINIA PUBLIC EMPLOYEES RETIREMENT ACT.
§5-10-52. Specific provisions relating to certain members of the
Legislature and certain service by members of the
Legislature.
(a) The provisions of this article specifying that a
legislator may be a member of the retirement system and at the same
time also a member of another state or political subdivision
retirement program and may receive credit in the retirement system
from two or more public employments simultaneously and authorizing automatic increases in the annuities of retired legislators based
upon increases in compensation paid to members of the Legislature
shall not be applicable to any member of the Legislature who first
becomes a member of the retirement system as a member of the
Legislature during the year 1971, or any year thereafter, nor shall
such provisions be applicable to the computation of service,
credited service or benefits for any period of service as a member
of the Legislature for the year 1971, or any year thereafter.
(b) Any member of the Legislature, or former member of the
Legislature, who claims any benefits whatsoever under the
retirement system based, in whole or in part, upon service as a
member of the Legislature, shall have his or her benefits
calculated by averaging the compensation received for all years of
accumulated service and not merely for some portion thereof.
NOTE: The purpose of this bill is to amend §5-10-52 to address
issues relating to the computation of legislative pensions.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.