West Virginia 2023 Regular Session Status: Enacted

SB 452 — Relating to Emergency Medical Services Retirement System

Last action — Chapter 246, Acts, Regular Session, 2023

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 24, 2023. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

In plain language

The bill amends the Emergency Medical Services Retirement System definitions and terms.

Senate Bill 452 updates certain definitions and terms related to the Emergency Medical Services Retirement System, including provisions for emergency medical technicians and county firefighters. It seeks to clarify the benefits and contributions within the retirement system.

What this means for you
  • Workers: This means that workers in emergency medical services and firefighting may benefit from clarified retirement provisions.

Bill Text

What changed in the latest version

223 added · 226 removed

Plain-language change summary

The recent changes to Bill SB 452 include updates to definitions and terms related to the Emergency Medical Services Retirement System, which now also encompasses county firefighters and 911 personnel. These amendments aim to clarify regulations around benefits and contributions for these service members. Additionally, a severability clause was added, ensuring that if part of the law is found to be invalid, the remainder will still be enforceable. This improvement is significant as it helps protect the interests of emergency service personnel by providing clearer guidelines and ensuring their pension benefits are secure.

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WEST VIRGINIA LEGISLATURE REGULAR SESSION Introduced Senate Bill 452 BYSENATORNELSON ANHUNT [Introduced January 24, 2023;
WEST VIRGINIA LEGISLATURE REGULAR SESSION ENROLLED Senate Bill 452 By Senators Nelson and Hunt [Passed March 08, 2023;
referred to the Committee on Pensions;
in effect 90 days from passage] Enr SB 452 AN ACT to amend and reenact §16-5V-2 of the Code of West Virginia, 1931, as amended;
and then to the Committee on Finance] Intr SB 452 A BILL to amend and reenact §16-5V-2 of the Code of West Virginia, 1931, as amended;
The board shall decrease the contribution rate to eight and one-half percent once the plan funding reaches the 70 percent support objective as of any later actuarial valuation date.
The board shall decrease the contribution rate to eight and one- half percent once the plan funding reaches the 70 percent support objective as of any later actuarial valuation date.
Intr SB 452 (b) "Accumulated contributions" means the sum of all retirement contributions deducted from the compensation of a member, or paid on his or her behalf as a result of covered employment, together with regular interest on the deducted amounts.
(b) "Accumulated contributions" means the sum of all retirement contributions deducted Enr SB 452 from the compensation of a member, or paid on his or her behalf as a result of covered employment, together with regular interest on the deducted amounts.
Intr SB 452 (h) "Board" means the Consolidated Public Retirement Board.
(h) "Board" means the Consolidated Public Retirement Board.
(i) "Contributing service" or "contributory service" means service rendered by a member while employed by a participating public employer for which the member made contributions to the plan.
2 Enr SB 452 (i) "Contributing service" or "contributory service" means service rendered by a member while employed by a participating public employer for which the member made contributions to the plan.
or (3) (5) concurrent employment by an emergency medical services officer, 911 personnel or county firefighter in a job or jobs in addition to his or her employment as an emergency medical services officer, 911 personnel or county firefighter where the secondary employment requires the emergency medical services officer, 911 personnel or county firefighter to be a member of another retirement system which is administered by the Consolidated Public Retirement Board pursuant to this code:
or (5) concurrent employment by an emergency medical services officer, 911 personnel or county firefighter in a job or jobs in addition to his or her employment as an emergency medical services officer, 911 personnel or county firefighter where the secondary employment requires the emergency medical services officer, 911 personnel or county firefighter to be a member of another retirement system which is administered by the Consolidated Public Retirement Board pursuant to this code: Provided, That the emergency medical services officer, 911 personnel or county firefighter contributes to the fund created in this article the amount specified as the member’s contribution in §16-5V-8 of this code.
Provided, That the emergency medical services officer, 911 personnel or county firefighter contributes to the fund created in this article the amount specified as the member’s contribution in §16-5V-8 of this code.
(m) "Credited service" means the sum of a member’s years of service, active military duty, disability service and accrued annual and sick leave service.
(l) (m) "Credited service" means the sum of a member’s years of service, active military duty, disability service and accrued annual and sick leave service.
(n) "Dependent child" means either:
(m) (n) "Dependent child" means either:
Intr SB 452 (B) A legally adopted child of the member;
(B) A legally adopted child of the member;
(C) A child who at the time of the member’s death was living with the member while the member was an adopting parent during any period of probation;
3 Enr SB 452 (C) A child who at the time of the member’s death was living with the member while the member was an adopting parent during any period of probation;
(n) (o) "Dependent parent" means the father or mother of the member who was claimed as a dependent by the member for federal income tax purposes at the time of the member’s death.
(o) "Dependent parent" means the father or mother of the member who was claimed as a dependent by the member for federal income tax purposes at the time of the member’s death.
(o) (p) "Disability service"means service received by amember, expressed in whole years, fractions thereof or both, equal to one half of the whole years, fractions thereof, or both, during which time a member receives disability benefits under this article.
(p) "Disability service" means service received by a member, expressed in whole years, fractions thereof or both, equal to one half of the whole years, fractions thereof, or both, during which time a member receives disability benefits under this article.
(p) (q) "Early retirement age" means age 45 or over and completion of 20 years of contributory service.
(q) "Early retirement age" means age 45 or over and completion of 20 years of contributory service.
(q) (r) "Effective date" means January 1, 2008.
(r) "Effective date" means January 1, 2008.
(r) (s) "Emergency medical services officer" means an individual employed by the state, county or other political subdivision as a medical professional who is qualified to respond to medical emergencies, aids the sick and injured and arranges or transports to medical facilities, as defined by the West Virginia Office of Emergency Medical Services.
(s) "Emergency medical services officer" means an individual employed by the state, county or other political subdivision as a medical professional who is qualified to respond to medical emergencies, aids the sick and injured and arranges or transports to medical facilities, as defined by the West Virginia Office of Emergency Medical Services.
These persons may hold the rank of emergency Intr SB 452 medical technician/basic, emergency medical technician/paramedic, emergency medical services/registered nurse, or others as defined by the West Virginia Office of Emergency Medical Services and the Consolidated Public Retirement Board.
These persons may hold the rank of emergency medical technician/basic, emergency medical technician/paramedic, emergency medical 4 Enr SB 452 services/registered nurse, or others as defined by the West Virginia Office of Emergency Medical Services and the Consolidated Public Retirement Board.
(s) (t) "Employer error" means an omission, misrepresentation or deliberate act in violation of relevant provisions of the West Virginia Code or of the West Virginia Code of State Rules or the relevant provisions of both the West Virginia Code and of the West Virginia Code of State Rules by the participating public employer that has resulted in an underpayment or overpayment of contributions required.
(t) "Employer error" means an omission, misrepresentation, or deliberate act in violation of relevant provisions of the West Virginia Code or of the West Virginia Code of State Rules or the relevant provisions of both the West Virginia Code and of the West Virginia Code of State Rules by the participating public employer that has resulted in an underpayment or overpayment of contributions required.
(t) (u) "Final average salary" means the average of the highest annual compensation received for covered employment by the member during any five consecutive plan years within the member’s last 10 years of service while employed, prior to any disability payment.
(u) "Final average salary" means the average of the highest annual compensation received for covered employment by the member during any five consecutive plan years within the member’s last 10 years of service while employed, prior to any disability payment.
(u) (v) "Full-time employment" means permanent employment of an employee by a participating public employer in a position which normally requires 12 months per year service and requires at least 1,040 hours per year service in that position.
(v) "Full-time employment" means permanent employment of an employee by a participating public employer in a position which normally requires 12 months per year service and requires at least 1,040 hours per year service in that position.
(v) (w) "Fund" means the West Virginia Emergency Medical Services Retirement Fund created by this article.
(w) "Fund" means the West Virginia Emergency Medical Services Retirement Fund created by this article.
(w) (x) "Hour of service" means:
(x) "Hour of service" means:
and Intr SB 452 (2) Each hour for which a member is paid or entitled to payment for covered employment during a plan year but where no duties are performed due to vacation, holiday, illness, incapacity including disability, layoff, jury duty, military duty, leave of absence or any combination thereof and without regard to whether the employment relationship has terminated.
and (2) Each hour for which a member is paid or entitled to payment for covered employment 5 Enr SB 452 during a plan year but where no duties are performed due to vacation, holiday, illness, incapacity including disability, layoff, jury duty, military duty, leave of absence or any combination thereof and without regard to whether the employment relationship has terminated.
(x) (z) "Member" means either:
(z) "Member" means either:
(1) A person first hired as an emergency medical services officer by an employer which is a participating public employer of the Public Employees Retirement System or the Emergency Medical Services Retirement System after the effective date of this article, as defined in subsection (r) of this section;
(1) A person first hired as an emergency medical services officer by an employer which is a participating public employer of the Emergency Medical Services Retirement System after the effective date of this article, as defined in subsection (r) of this section;
or (5) a county Intr SB 452 firefighter of an employer which is a participating public employer of the Public Employees Retirement System first hired prior to June 10, 2022, and who elects to become a member pursuant to §16-5V-6a of this code.
or (5) a county firefighter of an employer which is a participating public employer of the Public Employees Retirement System first hired prior to June 10, 2022, and who elects to become 6 Enr SB 452 a member pursuant to §16-5V-6a of this code.
(y) (aa) "Monthly salary" means the W-2 reportable compensation received by a member during the month.
(aa) "Monthly salary" means the W-2 reportable compensation received by a member during the month.
(z) (bb) "Normal form" means a monthly annuity which is one twelfth of the amount of the member’s accrued benefit which is payable for the member’s life.
(bb) "Normal form" means a monthly annuity which is one twelfth of the amount of the member’s accrued benefit which is payable for the member’s life.
(aa) (cc) "Normal retirement age" means the first to occur of the following:
(cc) "Normal retirement age" means the first to occur of the following:
(bb) (dd) "Participating public employer" means:
(dd) "Participating public employer" means:
(1) Any county commission, or political subdivision, or county 911 public safety answering point in the state which has elected to cover its emergency medical services officers or 911 personnel, as defined in this article, under the Intr SB 452 West Virginia Emergency Medical Services Retirement System;
(1) Any county commission, political subdivision, or county 911 public safety answering point in the state which has elected to cover its emergency medical services officers or 911 personnel, as defined in this article, under the West Virginia Emergency Medical Services Retirement System;
(cc) (ee) "Plan" means the West Virginia Emergency Medical Services Retirement System established by this article.
7 Enr SB 452 (ee) "Plan" means the West Virginia Emergency Medical Services Retirement System established by this article.
(dd) (ff) "Plan year" means the 12-month period commencing on January 1 of any designated year and ending the following December 31.
(ff) "Plan year" means the 12-month period commencing on January 1 of any designated year and ending the following December 31.
(ee) (gg) "Political subdivision" means a county, city or town in the state;
(gg) "Political subdivision" means a county, city or town in the state;
and any public corporation charged by law with the performance of a governmental function and whose jurisdiction is coextensive with one or more counties, cities or towns:
and any public corporation charged by law with the performance of a governmental function and whose jurisdiction is coextensive with one or more counties, cities or towns: Provided, That any public corporation established under §7-15-4 of this code is considered a political subdivision solely for the purposes of this article.
Provided, That any public corporation established under §7-15-4 of this code is considered a political subdivision solely for the purposes of this article.
(hh) "Public Employees Retirement System" means the West Virginia Public Employee’s Retirement System created by West Virginia Code.
(ff) (hh) "Public Employees Retirement System" means the West Virginia Public Employee’s Retirement System created by West Virginia Code.
(ii) "Regular interest" means the rate or rates of interest per annum, compounded annually, as the board adopts in accordance with the provisions of this article.
(gg) (ii) "Regular interest" means the rate or rates of interest per annum, compounded annually, as the board adopts in accordance with the provisions of this article.
(jj) "Required beginning date" means April 1 of the calendar year following the later of:
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(hh) (jj) "Required beginning date" means April 1 of the calendar year following the later of:
(ii) (kk) "Retirant" means any member who commences an annuity payable by the plan.
(kk) "Retirant" means any member who commences an annuity payable by the plan.
(jj) (ll) "Retire" or "retirement" means a member’s withdrawal from the employ of a participating public employer and the commencement of an annuity by the plan.
(ll) "Retire" or "retirement" means a member’s withdrawal from the employ of a participating public employer and the commencement of an annuity by the plan.
(kk) (mm) "Retirement income payments" means the monthly retirement income payments payable under the plan.
(mm) "Retirement income payments" means the monthly retirement income payments payable under the plan.
Intr SB 452 (ll) (nn) "Spouse" means the person to whom the member is legally married on the annuity starting date.
(nn) "Spouse" means the person to whom the member is legally married on the annuity starting date.
(mm) (oo) "Surviving spouse" means the person to whom the member was legally married at the time of the member’s death and who survived the member.
8 Enr SB 452 (oo) "Surviving spouse" means the person to whom the member was legally married at the time of the member’s death and who survived the member.
(nn) (pp) "Totally disabled" means a member’s inability to engage in substantial gainful activity by reason of any medically determined physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months.
(pp) "Totally disabled" means a member’s inability to engage in substantial gainful activity by reason of any medically determined physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months.
(1) A member is totally disabled only if his or her physical or mental impairment or impairments is so severe that he or she is not only unable to perform his or her previous work as an emergency medical services officer, 911 personnel or county firefighter but also cannot, considering his or her age, education and work experience, engage in anyother kind of substantial gainful employment which exists in the state regardless of whether:
(1) A member is totally disabled only if his or her physical or mental impairment or impairments is so severe that he or she is not only unable to perform his or her previous work as an emergency medical services officer, 911 personnel or county firefighter but also cannot, considering his or her age, education and work experience, engage in any other kind of substantial gainful employment which exists in the state regardless of whether:
(oo) (qq) "Year of service" means a member shall, except in his or her first and last years of covered employment, be credited with years of service credit based upon the hours of service performed as covered employment and credited to the member during the plan year based upon the following schedule:
(qq) "Year of service" means a member shall, except in his or her first and last years of covered employment, be credited with years of service credit based upon the hours of service performed as covered employment and credited to the member during the plan year based upon the following schedule:
Intr SB 452 Hours of Service Years of Service Credited Less than 500 0 to 999 1/3 1,000 to 1499 2/3 1,500 or more 1 During a member’s first and last years of covered employment, the member shall be credited with one twelfth of a year of service for each month during the plan year in which the member is credited with an hour of service for which contributions were received by the fund.
Hours of Service Years of Service Credited Less than 500 0 9 Enr SB 452 to 999 1/3 1,000 to 1499 2/3 1,500 or more 1 During a member’s first and last years of covered employment, the member shall be credited with one twelfth of a year of service for each month during the plan year in which the member is credited with an hour of service for which contributions were received by the fund.
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Action History

  1. Chapter 246, Acts, Regular Session, 2023

  2. Approved by Governor 3/23/2023

  3. To Governor 3/13/2023

  4. Approved by Governor 3/23/2023 - House Journal

  5. Approved by Governor 3/23/2023 - Senate Journal

  6. To Governor 3/13/2023 - Senate Journal

  7. To Governor 3/13/2023 - House Journal

  8. House Message received

  9. Completed legislative action

  10. Communicated to Senate

  11. Passed House (Roll No. 556)

  12. Read 3rd time

  13. On 3rd reading, Special Calendar

  14. Read 2nd time

  15. On 2nd reading, Special Calendar

  16. Read 1st time

  17. On 1st reading, Special Calendar

  18. Do pass

  19. To House Finance

  20. Do pass, but first to Finance

  21. To House Pensions and Retirement

  22. To Pensions and Retirement then Finance

  23. Introduced in House

  24. Ordered to House

  25. Passed Senate (Roll No. 199)

  26. Read 3rd time

  27. On 3rd reading

  28. Read 2nd time

  29. Returned to calendar by Rules Committee

  30. Removed from calendar by Rules Committee

  31. Laid over on 2nd reading 2/13/2023

  32. On 2nd reading

  33. Read 1st time

  34. On 1st reading

  35. 2nd reference dispensed

  36. Reported do pass, but first to Finance

  37. To Pensions

  38. Introduced in Senate

  39. To Pensions then Finance

  40. Filed for introduction

Sponsors

  • Nelson · Primary
  • Hunt · Cosponsor

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 132 not signed on

Sponsors (1)

  • Nelson

Co-sponsors (1)

  • Hunt

Not signed on (132)

132 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage

Passed 33 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 15001
Unaffiliated 17000
Democrat 1000
Total 33001
% of votes cast 97%0%0%3%
How each member voted (34)
Member Party Vote
MARONEY — Yea
STOVER — Yea
MARTIN — Yea
STUART — Yea
BOLEY — Yea
SWOPE — Yea
CAPUTO — Yea
NELSON — Yea
PHILLIPS — Yea
PLYMALE — Yea
TRUMP — Yea
HAMILTON — Yea
HUNT — Yea
JEFFRIES — Yea
SMITH — Yea
MR PRESIDENT — Yea
KARNES — Yea
Mike Woelfel Democrat Yea
Amy Grady Republican Yea
Ben Queen Republican Yea
Charles H. Clements Republican Yea
Eric Tarr Republican Yea
Jack Woodrum Republican Yea
Jason Barrett Republican Yea
Jay Taylor Republican Yea
Laura Wakim Chapman Republican Yea
Mark R. Maynard Republican Yea
Mike Azinger Republican Yea
Mike Oliverio Republican Yea
Patricia Rucker Republican Not Voting
Rollan A. Roberts Republican Yea
Ryan Weld Republican Yea
Tom Takubo Republican Yea
Vince Deeds Republican Yea

Official roll call →

Subjects

public-safety healthcare labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 452?
SB 452 is sponsored by Nelson and Hunt.
What is the current status of SB 452?
This bill has been enacted into law. Introduced January 24, 2023. Enacted.
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