Senate Bill No. 153
(By Senators Bailey, McKenzie, Hunter, Mitchell, Caldwell,
Oliverio and Minard)
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[Introduced February 16, 2001; referred to the Committee
on Pensions; and then to the Committee on Finance.]
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A BILL to amend and reenact section twenty-six, article twenty-two,
chapter eight of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to increasing a
surviving spouse's death benefit under a municipal police
officer's or firefighter's pension from sixty percent to
eighty percent of the member's pension.
Be it enacted by the Legislature of West Virginia:
That section twenty-six, article twenty-two, chapter eight of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 22. RETIREMENT BENEFITS GENERALLY; POLICEMEN'S PENSION AND RELIEF FUND; FIREMEN'S PENSION AND RELIEF
FUND; PENSION PLANS FOR EMPLOYEES OF WATERWORKS
SYSTEM, SEWERAGE SYSTEM OR COMBINED WATERWORKS AND
SEWERAGE SYSTEM.
§8-22-26. Death benefits.
(a) In case:
(1) Any member of a paid police or fire department who has
been in continuous service for more than five years dies from any
cause other than as specified in subsection (b) of this section
before retirement on a disability pension under the provisions of,
prior to the first day of July, one thousand nine hundred
eighty-one, section twenty-four of this article, or after the
thirtieth day of June, one thousand nine hundred eighty-one,
sections twenty-three-a and twenty-four of this article or a
retirement pension under the provisions of subsection (a) or both
subsections (a) and (b), section twenty-five of this article,
leaving in either case surviving a spouse, or any dependent child
or children under the age of eighteen years, or dependent father or
mother or both, or any dependent brothers or sisters or both under
the age of eighteen years, or any dependent child over the age of
eighteen years of age who is totally physically or mentally disabled so long as
such the disabling condition exists; or
(2) Any former member of any
such department who is on a
disability pension prior to the first day of July, one thousand
nine hundred eighty-one, under section twenty-four of this article,
or after the thirtieth day of June, one thousand nine hundred
eighty-one, under sections twenty-three-a and twenty-four of this
article, or is receiving or is entitled to receive retirement
pension benefits under the provisions of subsection (a) or both
subsections (a) and (b), section twenty-five of this article, dies
from any cause other than as specified in subsection (b) of this
section leaving in either case surviving a spouse or any dependent
child or children under the age of eighteen years or dependent
father or mother or both, or any dependent brothers or sisters or
both under the age of eighteen years, or any dependent child over
the age of eighteen years of age who is totally physically or
mentally disabled so long as
such the condition exists; then in any
of the cases set forth above in
subdivisions (1) and (2) the board
of trustees of
such the pension and relief fund shall, immediately
following the death of
such the member, pay to or for each of
such
the entitled surviving dependents the following pension benefits:
To
such the spouse, until death or remarriage, a sum per month equal to
sixty eighty percent of
such the member's pension or, in
the event
such the member was not receiving a pension at the time
of his
or her death, a sum per month equal to sixty percent of the
monthly retirement pension
such the member would have been entitled
to receive pursuant to section twenty-five of this article on the
date of his
or her death if
such the member had then been eligible
for a retirement pension thereunder, or the sum of three hundred
dollars per month, whichever is greater; to each
such the
dependent child, a sum per month equal to twenty percent of
such
the member's pension or, in the event
such the member was not
receiving a pension on the date of his
or her death, a sum per
month equal to twenty percent of the monthly retirement pension
such the member would have been entitled to receive pursuant to
section twenty-five of this article on the date of his
or her death
if
such the member had then been eligible for a retirement pension
thereunder, or until
such the child attains the age of eighteen
years or marries, whichever first occurs; to each
such dependent
orphaned child, a sum per month equal to twenty-five percent of
such the member's pension or, in the event
such the member was not
receiving a pension at the time of his
or her death, a sum per
month equal to twenty-five percent of the monthly retirement pension
such the member would have been entitled to receive
pursuant to section twenty-five of this article on the date of his
or her death if
such the member had then been eligible for a
retirement pension thereunder, until
such the child attains the age
of eighteen years or marries, whichever first occurs; to each such
dependent orphaned child, a sum per month equal to twenty-five
percent of
such the member's pension or, in the event
such the
member was not receiving a pension on the date of his
or her death,
a sum per month equal to twenty-five percent of the monthly
retirement pension
such the member would have been entitled to
receive pursuant to section twenty-five of this article on the date
of his
or her death if
such the member had then been eligible for
a retirement pension thereunder, until
such the child attains the
age of eighteen years or marries, whichever first occurs; to each
such dependent father or mother, a sum per month for each equal to
ten percent of
such the member's pension or, in the event
such the
member was not receiving a pension on the date of his
or her death,
a sum per month equal to ten percent of the monthly retirement
pension
such the member would have been entitled to receive
pursuant to section twenty-five of this article on the date of his
or her death if
such the member had then been eligible for a retirement pension thereunder; to each
such dependent brother or
sister, the sum of fifty dollars per month until
such the
individual attains the age of eighteen years or marries, whichever
first occurs, but in no event shall the aggregate amount paid to
such the brothers and sisters exceed one hundred dollars per month.
If at any time, because of the number of dependents, all
such the
dependents cannot be paid in full as herein provided, then each
dependent shall receive his
or her pro rata share of
such the
payments. In no case
shall may the payments to the surviving
spouse and children be cut below sixty-five percent of the total
amount paid to all dependents.
(b) The surviving spouse, child or children, or dependent
father or mother, or dependent brothers or sisters, of any
such
member who dies by reason of service rendered in the performance of
such the member's duties shall, regardless of the length of
such
the member's service and irrespective of whether
such the member
was or was not entitled to receive, or was or was not receiving,
disability pension or temporary disability payments at the time of
his death, receive the death benefits provided for in subsection
(a) of this section. If
such the member had less than three years'
service at the time of his
or her death, the member's pension shall be computed on the basis of the actual number of years of service.
(c) If a member dies without leaving a spouse, dependent child
or children, or dependent father or mother, or dependent brothers
or sisters, his
or her contributions to the fund plus six percent
interest shall be refunded to his
or her named beneficiary or, if
no beneficiary has been named, to his
or her estate to the extent
that
such the contributions plus interest exceed any disability or
retirement benefits that he
or she may have received before his
or
her death.
(d) The provisions of this section
shall not be construed as
creating or establishing do not create any contractual or vested
rights in favor of any individual who may be or become qualified as
a beneficiary of the death benefits
herein authorized
to be made in
this section. All the provisions
hereof of this section and
benefits provided for
hereunder being in this section are expressly
subject to
such subsequent legislative enactments
as that may
provide for
any change, modification or elimination of the
beneficiaries or benefits specified
herein in this section.
(e) Notwithstanding the provisions of section twenty-four of
this article the benefit provided for in this section shall be
calculated as if the member had remained unemployed throughout any period of disability.
NOTE: The purpose of this bill is to increase a surviving
spouse's death benefit under a municipal police officer's or
firefighter's pension from sixty percent to eighty percent of the
member's pension.
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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