Senate Bill No. 208
(By Senators Kessler, Oliverio, Chafin, Foster, Green, Hunter,
Jenkins, Minard, Stollings, Wells, White, Barnes, Caruth, Deem,
Hall, McKenzie and Yoder)
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[Originating in the Committee on the Judiciary;
reported January 24, 2007.]
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A BILL to amend and reenact §51-9-9 of the Code of West Virginia,
1931, as amended, relating to requiring certified copies of
eligibility for judicial retirement be provided to the Supreme
Court of Appeals and the Consolidated Public Retirement Board;
and making stylistic changes throughout.
Be it enacted by the Legislature of West Virginia:
That §51-9-9 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 9. RETIREMENT SYSTEM FOR JUDGES OF COURTS OF RECORD.
§51-9-9. Determination of eligibility for benefits.
Before any person
shall be is entitled to retirement benefits
under the provisions
hereof of this article, he
or she shall submit
proof of his
or her eligibility for
such retirement benefits to the
Governor.
and if such judge be then in office If the judge is still
sitting, he
or she shall at the same time tender to the Governor his
or her resignation as judge
to the Governor upon condition that, if
such the resignation
be is accepted, he
or she will be paid
retirement benefits as
herein provided
in this article.
Thereupon
Upon request for retirement by a sitting judge, the governor shall
make such investigation as investigate to the extent he
or she shall
deem deems advisable
to determine the judge's eligibility. and, if
If the Governor
shall determine determines that such person is
entitled to retirement benefits under the provisions
hereof of this
article, the Governor shall accept the resignation and certify
said
the facts and the amount of retirement benefits to be paid to
said
retired judges the judge upon retirement by a written order
to be
filed in the office of the Secretary of State. The Secretary of
State shall,
thereupon upon receipt of the order, file a certified
copy of
said the order with the State Auditor
, the Governor's
office, the Supreme Court of Appeals' administrative office and the
Consolidated Public Retirement Board. The resignation so accepted
shall create a vacancy in said office of judge After accepting the
judge's resignation, a vacancy is created in the office of the
retiring judge which shall be filled by appointment or election as
provided by law.
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(NOTE: The purpose of this bill is to provide notice to the
Supreme Court and the Consolidated Public Retirement Board when a
judge is retiring.
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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