HB 5267 — Relating to the Deputy Sheriff Retirement System

WEST VIRGINIA LEGISLATURE REGULAR SESSION ENROLLED Committee Substitute for House Bill 5267 (ByBY RequestDELEGATES ofGEARHEART the, ConsolidatedC.RITT, PublicNDERSON Retirement, Board)RIFFIT, [OriginatingUMP in, theM CommitteeARPLE,ANDW onILLIAMS Finance;(BYREQUEST OF THEC ONSOLIDATEDPUBLICR ETIREMENTBOARD ) [Passed February 19, 2024;

Reportedin oneffect Februaryninety 7,days 2024]from passage.] Enr CS for HB 5267 AAN BILLACT to amend and reenact §7-14D-13, §7-14D-18, §7-14D-19, and §7-14D-24a of the Code of West Virginia, 1931, as amended, all relating to the Deputy Sheriff Retirement System;

The repayment authorizedEnr 1 CS for HB 5267 authorized by this subsection shall be made in a lump sum within 60 months of the deputy sheriff’s reemployment in covered employment or if later, within 60 months of the effective date of this article.

(d) Every member who completes 60 months of covered employment is eligible, upon cessation of covered employment, to either withdraw his or her accumulated contributions in accordance with subsection (a) of this section, ororto to choose not to withdrawwithdrawhis his or her accumulated contribution and to receive retirement income payments upon attaining normal retirement age.

(e) In the event a member dies from any cause other than those specified in §7-14D-18 of this code and does not have 10 or more years of credited contributory service, the member’s accumulated contributions may be paid to a named beneficiary or beneficiaries.

(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 a deputy sheriff, or the survivor spouse of a member who dies from any cause while receiving benefits pursuant to section fourteen of this article §7-14D-14 of this code, is entitled to receive and shall be paid from the fund CS for HB 5267 benefits as determined in subsection (b) of this section follows:

To the surviving spouse annually, in equal monthly installments during his or her Enr CS for HB 5267 lifetime an amount equal to the greater of:

(i) 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 (ii) 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, section twenty and section twenty-one of this article §7-14D-20 and §7-14D-21 of this 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) In any case where a member who has been a contributing member for at least 10 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 §7-14D-18 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:

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

or (ii) 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 100 percent joint and survivor annuity with the spouse as the joint annuitant, and then died.

(b) In any case where a retired member who had been a contributing member for at least 10 years, had not obtained the age of 60 and was receiving benefits pursuant to §7-14D-15 of this CS for HB 5267 code dies 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:

(b) (c)In Benefitsany forcase where a survivingretired spousemember receivedwho underhad thisbeen section,a §7-14D-20,contributing andmember §7-14D-for 21at ofleast this10 codeyears, arehad innot lieuobtained ofthe receiptage of any60 otherand was receiving benefits underpursuant to §7-14D-15 of this articlecode fordies and leaves a surviving spouse, the spousefund orshall anypay otherannually personin orequal undermonthly installments to the provisionssurviving ofspouse anyduring otherhis stateor retirementher systemlifetime baseda uponsum theequal member’sto coveredthe employment.greater of:

(i) One half of the annual compensation received by the deceased member during the last 12 full Enr CS for HB 5267 months of contributory service;

or (ii) 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 100 percent joint and survivor annuity with the spouse as the joint annuitant, and then died.

(c) Benefits for a surviving spouse received under this section, §7-14D-20, and §7-14D- 21 of this 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.

CS for HB 5267 (4) The sheriff of the county seeking to re-employ the retired member has fewer than five deputies in his or her employ and has been unable to recruit additional qualified deputy sheriffs despite the exercise of due diligence;

Enr CS for HB 5267 (5) The re-employment of the retired member is for a period not to exceed five years or until such time as the sheriff may recruit additional deputy sheriffs to provide for five full-time deputy sheriffs not hired pursuant to this subsection, whichever is sooner;

Enr CS for HB 5267 The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.

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

Clerk of the Senate Originated in the House of Delegates.

In effect ninety days from passage.

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

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

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

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

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Governor 7