SB 76 — Increasing WV Natural Resources Police Officer Retirement System accrued benefit for certain members

WEST VIRGINIA LEGISLATURE FNOTEL REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 76 ByB SenatorYSENATORS DeedsDEEDS [Introduced, FebruaryOELFEL, 12,HAMILTO, 2025;OLIVERI, AND TAKUBO [Reported March 4, 2025, from the Committee on Pensions] CS for SB 76 A BILL to amend and reenact §20-18-2 and §20-18-8 of the Code of West Virginia, 1931, as amended, relating to Natural Resources Police Officer Retirement;

referred to the Committee on Pensions;

and then to the Committee on Finance] Intr SB 76 2025R1284 A BILL to amend and reenact §20-18-2 and §20-18-8 of the Code of West Virginia, 1931, as amended, relating to Natural Resource Police Officer Retirement;

(a) "Accrued benefit" means on behalf of any member two and one-quarter percent of the member’s final average salary multiplied by the member's years of credited service: Provided, That members who retire after July 1, 2025, shall have an accrued benefit of two and one-half percent of the member's final average salary multiplied by the member's years of credited service:

Provided, That members who retire after July 1, 2025, shall have an accrued benefit of two and one-half percent of the member's final average salary multiplied by the member's years of credited service:

IntrCS for SB 76 2025R1284 (d) "Active military duty" means full-time active duty with any branch of the armed forces of the United States, including service with the National Guard or reserve military forces when the member has been called to active full-time duty and has received no compensation during the period of that duty from any board or employer other than the armed forces.

CS for SB 76 (j) "Board" means the Consolidated Public Retirement Board created pursuant to §5-10D-1§5-10D- Intr1 SB 76 2025R1284 et seq.

Provided, That the Natural Resources Police Officer contributes to the fund created in §20-18-7 of this code the amount specified as the Natural ResourceResources Police Officer's contribution in §20-18-8 of this code.

(C) A child who at the time of the member’smember's death was living with the member while the member was an adopting parent during any period of probation;

or (D) A stepchild of the member residing in the member's household at the time of the member’smember's death;

and CS for SB 76 (C) Whose relationship with the member is described in subparagraph (A), (B), or (C), Intr SB 76 2025R1284 paragraph (1) of this subdivision.

(n) "Dependent parent" means the father or mother of the member who was claimed as a dependent by the member for Federalfederal Incomeincome Taxtax purposes at the time of the member's death.

CS for SB 76 (u) "Fund" means the West Virginia Natural Resources Police Officer Retirement Fund Intr SB 76 2025R1284 created pursuant to §20-18-7 of this code.

(2) (1) Each hour for which a member is paid 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 (3) (2) Each hour for which back pay is either awarded or agreed to be paid by the Division of Natural Resources, irrespective of mitigation of damages.

(w) "Medical examination" means an in-person or virtual examination of a member’smember's physical or mental health, or both, by a physician or physicians selected or approved by the board;

CS for SB 76 (z) "Natural Resources Police Officer"Officer"means means any person regularly employed in the service Intr SB 76 2025R1284 of the division as a law-enforcement officer on or after the effective date of this article, and who is eligible to participate in the fund.

(aa) "Normal form" means a monthly annuity which is one-twelfth of the amount of the member’smember's accrued benefit which is payable for the member's life.

or (3) attainment of at least age 62 years, and completion of 10 years of service: Provided,service: That any member shall in qualifying for retirement pursuant to this article have 10 or more years of service, all of which years shall be actual, contributory ones.

Provided, That any member shall in qualifying for retirement pursuant to this article have 10 or more years of service, all of which years shall be actual, contributory ones.

A member may be determined partially disabled for the purposes of this article and maintain the ability to engage in other gainful employment which exists within the state but which ability would not enable him or her to earn an amount at least equal to two thirds of the average annual compensation earned by all active members of CS for SB 76 this plan during the plan year ending as of the most recent June 30, as of which plan data has been assembled and used for the actuarial valuation of the plan.

Intr SB 76 2025R1284 (dd) "Plan" means the West Virginia Natural Resources Police Officers Retirement System established by this article.

CS for SB 76 (mm) "Substantial gainful employment" or "gainful employment" means employment in which an individual may earn up to an amount that is determined by the United States Social Security Administration as substantial gainful activity and still receive total disability benefits.

(nn) "Surviving spouse" means the person to whom the member was legally married at the Intr SB 76 2025R1284 time of the member's death and who survived the member.

(oo) "Totally disabled" means a member’smember'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.

Hours of Service Years of Service Credited Less than 500 0 CS for SB 76 500 to 999 1/3 1,000 to 1,499 2/3 1,500 or more 1 During a member's first and last years of covered employment or within the plan year of the Intr SB 76 2025R1284 effective date, 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.

(d) Any active member who has concurrent employment in an additional job or jobs and the additional employment requires the Natural Resources Police Officer to be a member of another retirement system which is administered by the Consolidated Public Retirement Board CS for SB 76 pursuant to §5-10D-1 et seq.

of this Intr SB 76 2025R1284 code.

NOTE:

The purpose of this bill is to increase the West Virginia Natural Resources Police Officer Retirement System accrued benefit for members who retire on or after January 1, and provide funding for the benefit.

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