SB 459 — Relating to return of member's paid contributions to heirs after member's death under certain circumstances

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Red = new code to be enacted WEST virginia legislature regular session OriginatingEnrolled Senate Bill 459 By Senators Nelson, Azinger, Clements, Karnes, Lindsay, Plymale, and Trump [Originating[Passed inMarch the4, Committee2021; on Pensions;

reportedin oneffect Februaryfrom 25,passage] 2021]AN AACT BILL to amend and reenact §8-22-26 of the Code of West Virginia, 1931, as amended, relating to providing a mechanism by which contributions paid by a member into a retirement plan would be returned to the member’s heirs after the member’s death in the event that the member’s survivors are deceased and his or her remaining heirs no longer receive death benefits under the retirement plan after reaching the age of 18.

(1) Any member of a paid police or fire department who has been in continuous service for more than five years dies from any cause other than as specified in subsection (b) of this section before retirement on a disability pension under the provisions of, pursuant to §8-22-24 of this code if prior to July 1, 1981, section 24 of this article, or pursuant to §8-22-23a and §8-22-24 of this code if after June 30, 1981, §8-22-23a and §8-22-24 of this code, or a retirement pension under pursuant to the provisions of §8-22-25(a) or §8-22-25(a) and §8-22-25(b) of this code, leaving in either case a surviving spouse, or any dependent child or children under the age of 18 years, or dependent father or mother, or both, or any dependent brothers or sisters, or both, under the age of 18 years, or any dependent child over the age of 18 years of age who is totally physically or mentally disabled so long as such condition exists;

or (2) Any former member of any such department who is on a disability pension pursuant to §8-22-24 of this code if prior to July 1, 1981, under section 24 of this article , or pursuant to §8-22-23a and §8-22-24 of this code if after June 30, 1981, under §8-22-23a and §8-22-24 of this code, or is receiving or is entitled to receive retirement pension benefits under pursuant to the provisions of §8-22-25(a) or §8-22-25(a) and §8-22-25(b) of this code, dies from any cause other than as specified in subsection (b) of this section leaving in either case a surviving spouse or any dependent child or children under the age of 18 years, or dependent father or mother, or both, or any dependent brothers or sisters, or both, under the age of 18 years, or any dependent child over the age of 18 years of age who is totally physically or mentally disabled so long as such condition exists;

To the surviving spouse, until death or remarriage, a sum per month equal to 60 percent of the member’s pension or, in the event the member was not receiving a pension at the time of the member’s death, a sum per month equal to 60 percent of the monthly retirement pension such member would have been entitled to receive pursuant to  §8-22-25 of this code on the date of the member’s death if the member had then been eligible for a retirement pension, or the sum of $300 per month, whichever is greater;

to each dependent child, a sum per month equal to 20 percent of the member’s pension or, in the event the member was not receiving a pension on the date of the member’s death, a sum per month equal to 20 percent of the monthly retirement pension the member would have been entitled to receive pursuant to §8-22-25 of this code on the date of the member’s death if the member had then been eligible for a retirement pension, or until the child attains the age of 18 years or marries, whichever first occurs;

to each dependent orphaned child, a sum per month equal to 25 percent of the member’s pension or, in the event the member was not receiving a pension at the time of the member’s death, a sum per month equal to 25 percent of the monthly retirement pension the member would have been entitled to receive pursuant to §8-22-25 of this code on the date of the member’s death if the member had then been eligible for a retirement pension, until the child attains the age of 18 years or marries, whichever first occurs;

(d) The provisions of this This section shall not be construed as creating or establishing any contractual or vested rights in favor of any individual who may be or become qualified as a beneficiary of the death benefits authorized to be made pursuant to this section.  All the provisions of this This section and benefits provided pursuant to this section are expressly subject to subsequent legislative enactments as may provide for any change, modification, or elimination of the beneficiaries or benefits specified herein.