HB 2854 — Relating to the West Virginia Municipal Police Officers and Firefighters Retirement System

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Red = new code to be enacted WEST virginia legislature regular session IntroducedENROLLED House Bill 2854 By Delegates Storch, Gearheart, Pethtel, Evans, Anderson, Graves, J.

Pack and Riley (By Request of the Consolidated Public Retirement Board) [Introduced[Passed March 02,24, 2021;

referredin toeffect theninety Committeedays onfrom Pensionspassage.] and Retirement then Finance]   AAN BILLACT to amend and reenact §8-22A-2, §8-22A-14, §8-22A-16, §8-22A-17, §8-22A-18, and §8-22A-22 of the Code of West Virginia, 1931, as amended;

(i) (j) “Covered employment” means either:

Provided, That the police officer or firefighter contributes to the fund created in this article the amount specified as the member’s contribution in §8-22A-8 of this code.  (j) (k) “Credited service” means the sum of a member’s years of service, active military duty and disability service.

(k) (l) “Dependent child” means either:

(l) (m) “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.

(m) (n) “Disability service” means service credit 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.

(n) (o) “Effective date” means January 1, 2010.

(o) (p) “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.

(p) (q) “Full-time employment” means permanent employment of an employee by a participating municipality in a position which normally requires 12 months per year service and requires at least 1,040 hours per year service in that position.

(q) (r) “Fund” means the West Virginia Municipal Police Officers and Firefighters Retirement Fund created by this article.

(r) (s) “Hour of service” means:

A member will may not be credited with any hours of service for any period of time he or she is receiving benefits under §8-22A-17 and §8-22A-18 of this code;

The same hours of service shall may not be credited both under subdivision (1) or (2) of this subsection and under this subdivision.

(s) (t) “Member” means, except as provided in §8-22A-32 and §8-22A-33 of this code, a person hired as a municipal police officer or municipal firefighter, as defined in this section, by a participating municipal employer on or after January 1, 2010.

(t) (u) “Monthly salary” means the W-2 reportable compensation received by a member during the month.

(u) (v) “Municipality” has the meaning ascribed to it in this code.

(v)(w)(1) (w)(1) “Municipal police officer” means an individual employed as a member of a paid police department by a West Virginia municipality or municipal subdivision which has established and maintains a municipal policemen’s pension and relief fund, and who is not a member of, and not eligible for membership in, a municipal policemen’s pension and relief fund as provided in §8-22-16 of this code:

(w) (x) “Municipal subdivision” means any separate corporation or instrumentality established by one or more municipalities, as permitted by law;

(x) (y) “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.

(y) (z) “Normal retirement age” means the first to occur of the following:

(z) (aa) “Plan” means the West Virginia Municipal Police Officers and Firefighters Retirement System established by this article.

(aa) (bb) “Plan year” means the 12-month period commencing on January 1 of any designated year and ending the following December 31.

(bb) (cc) “Qualified public safety employee” means any employee of a participating state or political subdivision who provides police protection, firefighting services or emergency medical services for any area within the jurisdiction of the state or political subdivision, or such other meaning given to the term by Section 72(t) (10) (B) of the Internal Revenue Code or by Treasury Regulation §1.401(a)-1(b) (2) (v) as they may be amended from time to time.

(cc) (dd) “Regular contributory service” means a member’s credited service excluding active military duty, disability service and accrued annual and sick leave service.

(dd) (ee) “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.

(ee) (ff) “Required beginning date” means April 1 of the calendar year following the later of:

(ff) (gg) “Retirement income payments” means the monthly retirement income payments payablepayable. under the plan.

(gg) (hh) “Spouse” means the person to whom the member is legally married on the annuity starting date.

(hh) (ii) “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.

(ii) (jj) “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.

(jj) (kk) “Vested” means eligible for retirement income payments after completion of five or more years of regular contributory service.

(kk) (ll) “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 on the hours of service performed as covered employment and credited to the member during the plan year based on the following schedule:

Hours of Service                                                                                    Year of Service Credited Less than 500                                                                                                                                                                                                                                                   0 to 999                                                                                                                              999                                                                                                                               1/3 1,000 to 1,499                                                                                                                        1,499                                                                                                                         2/3 1,500 or more                                                                                                                        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.

(a) Normal retirement.

(b)Retirement Latebenefits retirement.shall be paid monthly in an amount equal to one twelfth of the retirement income payments elected and at those times established by the board.

— A member whose annuity starting date is later than the date the member attains normal retirement age shall receive retirement income payments in the normal form without adjustment for age at commencement, which is the benefit to which he or she is entitled according to his or her accrued benefit based on his or her final average salary and credited service at the time of his or her actual retirement and following the completion of an application for retirement as required by the board.

(c) Retirement benefits shall be paid monthly in an amount equal to one twelfth of the retirement income payments elected and at those times established by the board.