ENROLLED
Senate Bill No. 519
(By Senators Foster, Deem, Edgell, Hall and McCabe)
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[Passed March 13, 2010; in effect from passage.]
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AN ACT to amend and reenact §8-22A-28 of the Code of West Virginia,
1931, as amended, relating to extending Social Security
benefits to members of the West Virginia Municipal Police
Officers and Firefighters Retirement System.
Be it enacted by the Legislature of West Virginia:
That §8-22A-28 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 22A.á WEST VIRGINIA MUNICIPAL POLICE OFFICERS AND
FIREFIGHTERS RETIREMENT SYSTEM.
§8-22A-28. How a municipality or municipal subdivision becomes a
participating public employer; duty to request
referendum on Social Security coverage.
(a) Subject to section sixteen, article twenty-two of this
chapter, any municipality or municipal subdivision employing
municipal police officers or firefighters may by a majority of the members of its governing body eligible to vote, elect to become a
participating public employer and thereby include its police
officers and firefighters in the membership of the plan. The clerk
or secretary of each municipality or municipal subdivision electing
to become a participating public employer shall certify the
determination of the municipality or municipal subdivision by
corporate resolution to the Consolidated Public Retirement Board
within ten days from and after the vote of the governing body.
Separate resolutions are required for municipal police officers and
municipal firefighters. Once a municipality or municipal
subdivision elects to participate in the plan, the action is final
and it may not, at a later date, elect to terminate its
participation in the plan.
(b) On or before October 1, 2011, the participating employers
shall jointly submit a plan to the State Auditor, pursuant to
section five, article seven, chapter five of this code, to extend
Social Security benefits to members of the retirement system.