H. B. 4579
(By Delegates Campbell, J. Smith, Keener, Hubbard and Browning)
(Originating in the Committee on Pensions and Retirement)
[February 22, 2002]
A BILL to amend and reenact section thirteen-a, article seven-a,
chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to clarifying
that a retired public school teacher may be employed as a
higher education teacher without loss of benefits.
Be it enacted by the Legislature of West Virginia:
That section thirteen-a, article seven-a, chapter eighteen of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted, to read as follows:
ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.
§18-7A-13a. Resumption of service by retired teachers.
For the purpose of this section, reemployment of a former or
retired teacher as a teacher shall in no way impair such teacher's eligibility for a prior service pension, or any other benefit
provided by this article.
Retired teachers, who qualified for an annuity because of age
or service, shall may not receive prior service allowance from the
retirement board when employed as a teacher and when regularly
employed by the state of West Virginia. The payment of such
allowance shall be discontinued on the first day of the month
within which such employment begins, and shall be resumed on the
first day of the month succeeding the month within which such
employment ceases. The annuity paid any such teacher on first
retirement resulting from the teachers accumulation fund and the
employers accumulation fund shall continue throughout the
governmental service and thereafter according to the option
selected by the teacher upon first retirement.
Retired teachers, who qualified for an annuity because of
disability, shall receive no further retirement payments, if the
retirement board finds that the disability of the teacher no longer
exists; payment shall be discontinued on the first day of the month
within which such finding is made. If such retired teacher returns
to service as a teacher, he shall contribute to the teachers
accumulation fund as a member of the system. His prior service
eligibility, if any, shall not be impaired because of his disability retirement. His accumulated contributions and interest
which were transferred to the benefit fund upon his retirement
shall be returned to his individual account in the teachers
accumulation fund, minus retirement payments received which were
not supported by such contributions and interest. Upon subsequent
retirement, he shall receive credit for all of his contributory
experience, anything to the contrary in this article
notwithstanding.
Notwithstanding anything to the contrary in this code, a
person may retire under this system as a public school teacher or
employee and subsequently become employed on either a full time,
part time basis or contract basis by any institution of higher
education without any loss of retirement annuity or retirement
benefits.
The retirement board is herewith authorized to require of the
retired teachers and their employers such reports as it deems
necessary to effectuate the provisions of this section.
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