Senate Bill No. 636
(By Senator Plymale)
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[Introduced February 23, 2004; referred to the Committee on
Education.]
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A BILL to amend and reenact §18-7A-13a of the code of West
Virginia, 1931, as amended, relating to employment of members
of the teachers' defined benefit retirement system by
institutions of higher education following the retirement of
the member.
Be it enacted by the Legislature of West Virginia:
That §18-7A-13a of the code of West Virginia, 1931, 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.
(a) For the purpose of this section, reemployment of a former
or retired teacher as a teacher shall in no way impair such that
teacher's eligibility for a prior service pension or any other
benefit provided by this article.
(b) Retired teachers, who qualified for an annuity because of age or service, 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 the
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 the 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.
(c) 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 the finding is made. If such the retired teacher
returns to service as a teacher, he or she shall contribute to the
teachers' accumulation fund as a member of the system. His or her
prior service eligibility, if any, shall not be impaired because of
his or her disability retirement. His or her accumulated
contributions and interest which were transferred to the benefit
fund upon his or her retirement shall be returned to his or her
individual account in the teachers' accumulation fund, minus
retirement payments received which were not supported by such the contributions and interest. Upon subsequent retirement, he or she
shall receive credit for all of his or her contributory experience,
anything to the contrary in this article notwithstanding.
(d) Notwithstanding any provision of this code to the
contrary, a person who retires under the system provided by this
article may 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 if the person's retirement commences between the effective
date of the enactment of this section in two thousand two first day
of January, one thousand nine hundred ninety-five, and the thirty-
first day of December, two thousand two three: Provided, That such
the person shall not be eligible to participate in any other state
retirement system provided by this code.
(e) The retirement board is herewith authorized to require of
the retired teachers and their employers such reports as it deems
considers necessary to effectuate the provisions of this section.
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(NOTE: The purpose of this bill is to retroactively extend
the time period for which persons retiring under the teachers
defined benefit retirement system are allowed to become employed by
an institution of higher education without any loss of retirement
benefits.
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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