Senate Bill No. 44
(By Senator Whitlow)
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[Introduced February 10, 1993;
referred to the Committee on Pensions; and
then to the Committee on Finance.]
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A BILL to amend and reenact section six-b, article nine, chapter
fifty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to annuities under
the judicial retirement system for surviving spouses of
judges; and allowing judges to designate either a surviving
spouse or a surviving former spouse to receive a retirement
annuity.
Be it enacted by the Legislature of West Virginia:
That section six-b, article nine, chapter fifty-one of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 9. RETIREMENT SYSTEM FOR JUDGES OF COURTS OF RECORD.
§51-9-6b. Annuities for surviving spouses and surviving
dependent children of judges; automatic escalation and
increases of annuity benefit; proration designation by judge
permitted.
(a)
There shall be paid, from the fund created or continued
by section two of this article, or from such funds as may be
appropriated by the Legislature for such purpose, An annuity
to
the surviving spouse of a judge, shall be paid either to a
surviving spouse or to a surviving former spouse of a judge if
prior to death, the judge designates in writing the person to
receive the annuity and if
such the judge at the time of his or
her death is eligible for the retirement benefits provided by any
of the provisions of this article, or who has, at death, actually
served five years or more as a sitting judge of any court of
record of this state, exclusive of any other service credit to
which such judge may otherwise be entitled, and who dies either
while in office or after resignation or retirement from office
pursuant to the provisions of this article. Said annuity shall
amount to forty percent of the annual salary of the office which
said judge held at his or her death or from which he or she
resigned or retired. In the event said salary is increased or
decreased while an annuitant is receiving the benefits hereunder,
his or her annuity shall amount to forty percent of the new
salary. The annuity granted hereunder shall accrue monthly and
shall be due and payable in monthly installments on the first
business day of the month following the month for which the
annuity shall have accrued. Such annuity shall commence on the
first day of the month in which said judge dies and shall,
subject to the provisions of subsection (b) of this section,
terminate upon the death of the annuitant or shall terminate uponthe remarriage of the annuitant.
(b) If there be no surviving spouse at the time of death of
a judge who dies after serving five years or more as a sitting
judge of any court of record and such judge leaves surviving him
any dependent child or children such dependent child or children
shall receive an amount equal to twenty percent of the annual
salary of the office which said judge held at the time of his or
her death:
Provided, That the total of all such annuities
payable to each such child shall not exceed in the aggregate an
amount equal to forty percent of such salary. Such annuity shall
continue as to each such child until (i) he or she attains the
age of eighteen years or (ii) attains the age of twenty-three
years so long as such child remains a full-time student. The
auditor shall by legislative rule establish the criteria for
determining a person's status as a full-time student within the
meaning and intent of this subsection. In the event there are
surviving any such judge three or more dependent children, then
each such child's annuity shall be proratably reduced in order
that the aggregate annuity received by all such dependent
children does not exceed forty percent of such salary and the
amount to be so received by any such child shall continue
throughout the entire period during which each such child is
eligible to receive such annuity. The provisions of this
subsection shall also apply to those circumstances and situations
wherein a surviving spouse of a deceased judge shall die while
receiving benefits pursuant to subsection (a) of this section andwho shall leave surviving dependent children of such deceased
judge who would be entitled to benefits under this subsection as
if they had succeeded to such annuity benefits upon the death of
such judge in the first instance. In the event the salary of
judges is increased or decreased while an annuitant is receiving
benefits pursuant to this subsection, the annuities payable shall
be likewise increased or decreased proportionately to reflect
such change in salary. The annuities granted hereunder shall
accrue monthly and shall be due and payable in monthly
installments on the same day as surviving spouses benefits are
required to be paid. Such annuities shall commence on the first
day of the month in which any such dependent child becomes
eligible for benefits hereunder and shall terminate on the last
day of the month during which such eligibility ceases.
NOTE: The purpose of this bill is to permit judges to
designate either a surviving spouse or a former surviving spouse
to receive a retirement annuity.
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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