SB 475 — Modifying examinations for disability pensions

WEST VIRGINIA LEGISLATURE REGULAR SESSION ENROLLED Committee Substitute for Senate Bill 475 BYBy SENATORNELSONSenators ANPLYMALENelson [Originatingand inPlymale the[Passed CommitteeMarch on06, Pensions;2023;

reportedto ontake Februaryeffect 2,July 01, 2023] Enr CS for SB 475 AAN BILLACT to amend and reenact §8-22-23a of the Code of West Virginia, 1931, as amended, relating to examinations for disability pensions;

POLICEMEN’SPOLICEMEN'S PENSION AND RELIEF FUND;

FIREMEN’SFIREMEN'S PENSION AND RELIEF FUND;

Provided, That if a member’smember's medical condition cannot be agreed on by the two physicians, a third physician shall examine the member:

Provided further, That starting July 1, 2023, and continuing thereafter, the physician(s) chosen by the oversight board to perform the independent medical examination(s) may perform an in-person or virtual examination of a member’s physical or mental health, or both, or at the discretion of the oversight board, a medical record review of the member’s physical or CS for SB 475 mental health, or both.

The selection of the method of examination is at the discretion of the oversight board in consultation 1 Enr CS for SB 475 with the physician.

(2) Each medical examination shall include the review of the member’smember's medical history, but an examining physician may not have access to the disability examination report or disability recommendation of another physician.

(3) The physicians shall send copies of their reports to both the board of trustees of the member’smember's pension and relief fund and the oversight board.

(4) The expense of the member’smember's transportation to medical examinations shall be paid by the board of trustees.

(5) Beginning January 1, 2010, and thereafter, if a member is charged with an offense that has the potential to lead to the member’smember's termination, the member’smember's municipal pensions and relief fund board of trustees may not consider the member’smember's eligibility for disability benefits until after investigation of the charge is completed and any disciplinary decision is implemented.

(b) Effective for members becoming eligible for total and temporary disability benefits after June 30, 1981, initially or previously under this subsection allowance for initial or additional total and temporary disability payments, the amount thereof to be determined as specified in section twenty-four of this article shall be paid to the member during the disability for a period not exceeding 26 weeks if after a medical examination in accordance with subsection (a) of this CS for SB 475 section two examining physicians report in writing to the board of trustees that:

(1) The member 2 Enr CS for SB 475 has become so totally, physically or mentally disabled, from any reason, as to render the member totally, physically or mentally, incapacitated for employment as a police officer or firefighter;

Provided, however, That the department may refill, on a temporary basis, the position vacated by s the member after the first 26 weeks of his or her temporary disability.

(c) Effective for members becoming eligible for total and permanent disability benefits initially under this subsection or becoming eligible for total and temporary disability benefits under subsection (b) of this section after June 30, 1981, allowance for total and permanent disability payments, the amount thereof to be determined as specified in section twenty-four of this article, shall be paid to the member after a medical examination in accordance with subsection (a) of this section, two examining physicians report in writing to the board of trustees that the member has become so totally, physically or mentally, and permanently disabled, as a proximate result of service rendered in the performance of his or her duties in the department, as to render the member totally, physically or mentally, and permanently incapacitated for employment as a police officer or firefighter or, if the member has been a member of either of the departments for a period of not less than five consecutive years preceding the disability, the member has become so totally, physically or mentally, and permanently disabled, from any reason other than service rendered in the performance of his or her duties in the department, as to render the member totally, physically CS for SB 475 or mentally, and permanently incapacitated for employment as a police officer or firefighter.

The 3 Enr CS for SB 475 phrase "totally, physically or mentally, and permanently disabled" shall not be construed to include a medical condition which may be corrected if thememberthe member follows a reasonable medical treatment plan or reasonable medical advice.

or (2) the member is examined or reexamined as provided in said subsection and two examining physicians report to the board of trustees that the member’smember's medical condition does not meet the requirements of subsection (b) or (c) of this section.

Effective for members becoming eligible for total and temporary disability benefits after June 30, 1981, under subsection (b) of this section, subsequent to the member’smember's receipt of total and temporary disability payments for a period of two years, the payments shall cease at the end of the two-year period under the following conditions:

or (B) the member is examined or reexamined as provided in said subsection and two examining physicians report to the board of trustees that the member’smember's medical condition does not meet the requirements of subsection (c) of this section.

(e) Notwithstanding other provisions of this section to the contrary, a member of a municipal policemen’spolicemen's or firemen’sfiremen's pension and relief fund who is found to be disabled from performing the full range of tasks relevant to police officer or firefighter employment, but capable of performing a restricted or light-duty police officer or firefighter job made available at the discretion of the employing municipality may choose to continue working and retain an active membership in his or her pension and relief fund.

CS for SB 475 NOTE:

The purpose of this bill to modify examinations for the purpose of determining disability pensions.

Strikethroughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.