H. B. 4452
(By Delegates Campbell, Craig, Browning,
Frederick, Hall and Duke)
(Originating in the Committee on Pensions and Retirement)
[February 12, 2004]
A BILL to amend and reenact §15-2A-2 and §15-2A-6 of the code of
West Virginia, 1931, as amended, all relating to the West
Virginia state police retirement system; providing definitions
for month of service and years of service; and specifying
starting date of annuity.
Be it enacted by the Legislature of West Virginia:
That §15-2A-2 and §15-2A-6 of the code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 2A. WEST VIRGINIA STATE POLICE RETIREMENT SYSTEM.
§15-2A-2. Definitions.
As used in this article, unless the context clearly requires
a different meaning:
(1) "Active military duty" means full-time active duty with
the armed forces of the United States, namely, the United States
air force, army, coast guard, marines or navy; and service with the national guard or reserve military forces of any of the armed
forces when the member has been called to active full-time duty and
has received no compensation during the period of that duty from
any person other than the armed forces.
(2) "Base salary" means compensation paid to a member without
regard to any overtime pay.
(3) "Board" means the consolidated public retirement board
created pursuant to article ten-d, chapter five of this code.
(4) "Division" means the division of public safety.
(5) "Final average salary" means the average of the highest
annual compensation received for employment with the division,
including compensation paid for overtime service, received by the
member during any five years within the member's last ten years of
service.
(6) "Fund" means the West Virginia state police retirement
fund created pursuant to section four of this article.
(7) "Member" or "employee" means a person regularly employed
in the service of the division of public safety after the effective
date of this article.
(8) "Salary" means the compensation of a member, excluding any
overtime payments.
(9) "Internal Revenue Code" means the Internal Revenue Code of
1986, as it has been amended.
(10) "Plan year" means the twelve-month period commencing on the first day of July of any designated year and ending the
following thirtieth day of June.
(11) "Required beginning date" means the first day of April of
the calendar year following the later of: (a) The calendar year in
which the member attains age seventy and one-half; or (b) the
calendar year in which he or she retires or otherwise separates
from service with the department.
(12) "Retirement system" or "system" means the West Virginia
state police retirement system created and established by this
article.
(13) "Month of Service" means each month for which a member is
paid or entitled to payment for at least one hour of service for
which contributions were remitted to the fund. These months shall
be credited to the member for the calendar year in which the duties
are performed.
(14) "Years of Service" means the months of service acquired
by a member while in active employment with the department divided
by twelve. Years of Service shall be calculated in years and
fraction of a year from the date of active employment of the member
with the department through the date of termination of employment
or retirement from the department. If a member returns to active
employment with the department following a previous termination of
employment with the department, and such member has not received a
refund of contributions plus interest for such previous employment under section eight of this article, service shall be calculated
separately for each period of continuous employment and Years of
Service shall be the total service for all such periods of
employment. Years of Service shall exclude any periods of
employment with the department for which a refund of contributions
plus interest has been paid to the member, unless the member repays
such previous withdrawal as provided for in section eight of this
article to reinstate such years of service.
§15-2A-6. Retirement; commencement of benefits.
A member may retire with full benefits upon attaining the age
of fifty-five and completing twenty or more years of service, by
lodging with the consolidated public retirement board his or her
voluntary petition in writing for retirement. A member who is less
than age fifty-five may retire upon completing twenty years or more
of service: Provided,
That he or she will receive a reduced
benefit that is of equal actuarial value to the benefit the member
would have received if the member deferred commencement of his or
her accrued retirement benefit to the age of fifty-five.
When the retirement board retires a member with full benefits
under the provisions of this section, the board, by order in
writing, shall make a determination that the member is entitled to
receive on annuity equal to two and three-fourths percent of his or
her final average salary multiplied by the number of years, and
fraction of a year, of his or her service in the division department at the time of retirement. The member's annuity shall
begin the first day of the calendar month following the month in
which his or her application for the same is filed or lodged with
the board on or after his or her attaining age or service
requirements, and termination of employment.
In no event may the provisions of section thirteen, article
sixteen, chapter five be applied in determining eligibility to
retire with either a deferred or immediate commencement of benefit.
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