HB 5273 — Relating to the Emergency Medical Services Retirement System and clarifying payment upon death of member with less than 10 years of contributory service

WEST VIRGINIA LEGISLATURE REGULAR SESSION ENROLLED Committee Substitute for House Bill 5273 By Delegates Gearheart, C.

Pritt, Anderson, Griffith, Kump, Marple, and Williams (By Request of the Consolidated Public Retirement Board) [Originating[Passed inFebruary the19, Committee2024; on Finance;

Reportedin oneffect Februaryninety 7,days 2024]from passage.] Enr CS for HB 5273 AAN BILLACT to amend and reenact §16-5V-18, §16-5V-23, §16-5V-24 and §16-5V-35 of the Code of West Virginia, 1931, as amended, all relating to the Emergency Medical Services Retirement System;

1 Enr CS for HB 5273 The repayment authorized by this subsection shall be made in a lump sum within 60 months of the emergency medical services officer's reemployment in covered employment or, if later, within 60 months of the effective date of this article.

(e) (f) Notwithstanding any other provision of this article, forfeitures under the plan may not be applied to increase the benefits any member would otherwise receive under the plan.

(a) The surviving spouse of any member who after the effective date of this article while in covered employment, has died or dies by reason of injury, illness or disease resulting from an occupational risk or hazard inherent in or peculiar to the service required of members, while the member was or is engaged in the performance of his or her duties as an emergency medical services officer, or the survivor spouse of a member who dies from any cause while receiving benefits pursuant to §16-5V-19 of this code, is entitled to receive and shall be paid from the fund CS for HB 5273 benefits as determined in subsection (b) of this section follows:

To the surviving spouse annually, in equal monthly installments Enr CS for HB 5273 during his or her lifetime an amount equal to the greater of:

(1) Two thirds of the annual compensation received in the preceding twelve-month period by the deceased member during the last 12 full months of contributory service;

or (2) if the member dies after his or her meeting early or normal retirement age requirements, the monthly amount which the spouse would have received had the member retired the day before his or her death, elected a one hundred percent joint and survivor annuity with the spouse as the joint annuitant, and then died.

(b) Benefits for a surviving spouse received under this section, §16-5V-25 and §16-5V-26 of this article code are in lieu of receipt of any other benefits under this article for the spouse or any other person or under the provisions of any other state retirement system based upon the member's covered employment.

(a) If a member who has been a contributing member for at least 10 years,years while in covered employment after the effective date of this article, has died or dies prior to retirement from any cause other than those specified in §16-5V-23 of this code and not due to vicious habits, intemperance or willful misconduct on his or her part, the fund shall pay annually in equal monthly installments to the surviving spouse during his or her lifetime, a sum equal to the greater of:

(1) One half of the annual compensation received in the preceding twelve-month employment period by the deceased member during the last 12 full months of contributory service;

or (2) if the member dies after his or her meeting early or normal retirement age requirements, the monthly amount which the spouse would have received had the member retired the day before his or her death, elected a one hundred percent joint and survivor annuity with the spouse as the joint annuitant, and then died.

Where the member is receiving disability benefits under this article at the time of his or her death, the average monthly compensation received in the plan year prior to disability shall be substituted for the annual compensation in subdivision (1) of this subsection CS for HB 5273 (b) In any case where a retirant who had been a contributing member for at least 10 years, had not obtained the age of 60 and was receiving benefits pursuant to §16-5V-20 of this code and leaves a surviving spouse, the fund shall pay annually in equal monthly installments to the surviving spouse during his or her lifetime a sum equal to the greater of:

or (2) if the member dies after meeting early or normal retirement age requirements, the monthly amount which the spouse would have received had the member retired the day before his or her death, elected a one hundred percent joint and survivor annuity with the spouse as the joint annuitant, and then died.

(b) In any case where a retirant who had been a contributing member for at least 10 years, had not obtained the age of 60 and was receiving benefits pursuant to §16-5V-20 of this code and leaves a surviving spouse, the fund shall pay annually in equal monthly installments to the surviving spouse during his or her lifetime a sum equal to the greater of:

(1) One half of the annual compensation received by the deceased member during the last 12 full months of contributory Enr CS for HB 5273 service;

(b) (c) Benefits for a surviving spouse received under this section, or other sections of this article are in lieu of receipt of any other benefits under this article for the spouse or any other person or under the provisions of any other state retirement system based upon the member's covered employment.

In the event the artificially CS for HB 5273 determined age, as determined in accordance with the preceding sentence, exceeds 60, the board shall not make any reduction for early retirement.

Enr CS for HB 5273 The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.

...............................................................

Clerk of the House of Delegates ...............................................................

Clerk of the Senate Originated in the House of Delegates.

In effect ninety days from passage.

...............................................................

Speaker of the House of Delegates ...............................................................

President of the Senate __________ The within is ................................................

this the...........................................

Day of ..........................................................................................................., 2024.

.............................................................

Governor 5