SB 149 — Allowing certain contracted counsel for executive agencies to purchase years of service in PERS

CS for SB 149 WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee FISCALSubstitute for Senate Bill 149 NOTE By Senator Oliverio [Introduced[Reported JanuaryFebruary 14,17, 2026;2026, from the Committee on Pensions] CS for SB 149 A BILL to amend and reenact §5-10-14 of the Code of West Virginia, 1931, as amended, relating to allowing certain contracted counsel for executive agencies to purchase years of service in the Public Employees Retirement System.

referred to the Committee on Pensions;

and then to the Committee on Finance] Intr SB 149 2026R1222 A BILL to amend and reenact §5-10-14 of the Code of West Virginia, 1931, as amended, relating to allowing certain contracted counsel for executive agencies to purchase years of service in the Public Employees Retirement System.

and (3) Service may be credited to a member who was employed by a political subdivision if his or her employment occurred within a period of 30 years immediately preceding the date the Intr1 CS for SB 149 2026R1222 political subdivision became a participating public employer.

Provided, however, That the maximum service Intr2 CS for SB 149 2026R1222 credit that may be obtained under the provisions of this subsection is two years:

(e) General counsel of executive branch agencies who are contracted by an agency for 10 or more consecutive calendar years to perform legal services may purchase retroactive service credit for the time served in that capacity.capacity:

Provided, That the counsel must have been regularly employed on a full-time basis requiring 12 months per year service and at least 1,040 hours of service per year in that position.

Retroactive service credit purchased under this section shall be paid in full by counsel and counsel’s contracted agency within 24 months of termination of employment or contractual obligation with the agency.

Employees of the State Legislature whose term of employment is otherwise classified as temporary and who are employed to perform services required by the Legislature for its regular sessions or during the interim time between 3 CS for SB 149 regular sessions and who have been or are employed during regular sessions or during the interim time between regular sessions in seven consecutive calendar years, as certified by the clerk of the house in which the employee served, shall receive service credit of six months for all regular Intr SB 149 2026R1222 sessions served, as certified by the clerk of the house in which the employee served, or shall receive service credit of three months for each regular 30-day session served prior to 1971:

Service credit awarded for legislative employment pursuant to this section shall be used for the purpose of 4 CS for SB 149 calculating that member’s retirement annuity, pursuant to §5-10-22 of this code, and determining eligibility as it relates to credited service, notwithstanding any other provision of this section.

Certification of employment for a complete legislative session and for interim days shall be Intr SB 149 2026R1222 determined by the clerk of the house in which the employee served, based upon employment records.

Other 5 CS for SB 149 employees shall pay the state’s share and the employee’s share to purchase retroactive service credit.

Where an employee purchases service credit for employment which occurred after 1988, that employee shall pay for the employee’s share and the employer shall pay its share for the Intr SB 149 2026R1222 purchase of retroactive service credit:

6 CS for SB 149 (g)(h) (1) Notwithstanding any provision to the contrary, the seven consecutive calendar years requirement and the 13 consecutive calendar years requirement and the service credit requirements set forth in this section shall be applied retroactively to all periods of legislative Intr SB 149 2026R1222 employment prior to the passage of this section, including any periods of legislative employment occurring before the seven consecutive and 13 consecutive calendar years referenced in this section:

The purpose of this bill is to allow certain contracted counsel for executive agencies 7 CS for SB 149 to purchase years of service in the Public Employees Retirement System.

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