West Virginia 2026 Session Status: Introduced 2 R cosponsors

SB 676 — Allowing certain Capitol Police officers to participate in WV State Police Retirement System

Last action — To House Finance

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  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2026 Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Allowing certain Capitol Police officers to participate in WV State Police Retirement System

Bill Text

What changed in the latest version

297 added · 262 removed

Plain-language change summary

The updated version of SB 676 now includes provisions that allow certain Capitol police officers to join the West Virginia State Police Retirement System, which is a significant change from the earlier draft. Previously, officers could only participate in the Public Employees Retirement System. This change matters because it opens up more retirement options for Capitol police officers, potentially leading to better retirement benefits and ensuring that their years of service can be recognized when they switch systems.

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CS for SB 676 WEST VIRGINIA LEGISLATURE REGULAR SESSION Committee Substitute for Senate Bill 676 By Senators Takubo, Clements, Jeffries, and Deeds [Reported February 23, 2026, from the Committee on Pensions] CS for SB 676 A BILL to amend and reenact §15-2A-2 of the Code of West Virginia, 1931, as amended;
WEST VIRGINIA LEGISLATURE REGULAR SESSION Committee Substitute for Committee Substitute for Senate Bill 676 BY SENATORS TAKUBO, LEMENTS, EFFRIE,AND DEEDS [Reported February 24, 2026, from the Committee on Finance] CS for CS for SB 676 A BILL to amend and reenact §15-2A-2, §15-2A-3, and §15-2A-6e of the Code of West Virginia, 1931, as amended;
and to amend the code by adding a new section, designated §15-2A-24, relating to Capitol police officers;
and to amend the code by adding a new section, designated §15-2A- 24, relating to Capitol police officers;
providing clarification on treatment of West Virginia State Police Retirement System retirants returning to employment as a Capitol police officer or State police officer;
(3) "Actuarially equivalent" or "of equal actuarial value" means a benefit of equal value computed upon the basis of the mortality table and interest rates as set and adopted by the retirement board in accordance with the provisions of this article: Provided, That when used in the context of compliance with the federal maximum benefit requirements of Section 415 of the Internal Revenue Code, "actuarially equivalent" shall be computed using the mortality tables and interest rates required to comply with those requirements.
(3) "Actuarially equivalent" or "of equal actuarial value" means a benefit of equal value computed upon the basis of the mortality table and interest rates as set and adopted by the retirement board in accordance with the provisions of this article:
1 CS for SB 676 (4) "Agency" means the West Virginia State Police.
Provided, That when used in the context of compliance with the federal maximum benefit requirements of Section 415 of the CS for CS for SB 676 Internal Revenue Code, "actuarially equivalent" shall be computed using the mortality tables and interest rates required to comply with those requirements.
(4) "Agency" means the West Virginia State Police.
“Capitol police officer” means an individual employed in full-time employment as a Capitol police officer with the Division of Protective Services and who is certified pursuant to the provisions of §30-29-1 et seq.
of this code.
(B) After reaching 18 years of age, continues as a full-time student in an accredited high school, college, university or business or trade school until the child or children reaches the age of 23 years;
CS for CS for SB 676 (B) After reaching 18 years of age, continues as a full-time student in an accredited high school, college, university or business or trade school until the child or children reaches the age of 23 years;
(10) "Dependent parent" means the member’s or retirant’s parent or step-parent claimed as a dependent by the member or retirant for federal income tax purposes at the time of the 2 CS for SB 676 member’s or retirant’s death.
(10) "Dependent parent" means the member’s or retirant’s parent or step-parent claimed as a dependent by the member or retirant for federal income tax purposes at the time of the member’s or retirant’s death.
Division" means the Division of Protective Services created by §15-2D-1 et seq.
"Division" means the Division of Protective Services created by §15-2D-1 et seq.
(11) "Employee" means any person regularly employed in the service of the agency as a law-enforcement officer after March 12, 1994, and who is eligible to participate in the fund, or any person regularly employed in the service of the Division as a member of the Capitol Police and who is eligible to participate in the fund.
(11) "Employee" means any person regularly employed full-time in the service of the agency as a law-enforcement officer after March 12, 1994, and who is eligible to participate in the fund, or any person regularly employed full-time in the service of the division as a member of the Capitol Police and who is eligible to participate in the fund.
(13) "Final average salary" means the average of the highest annual compensation received for employment with the agency, including compensation paid for overtime service, received by the employee during any five calendar years within the employee’s last 10 years of service: Provided, That annual compensation for determining benefits during any determination period may not exceed the maximum compensation allowed as adjusted for cost of living in accordance with §5-10D-7 of this code and § 401(a)(17) of the Internal Revenue Code.
(13) "Final average salary" means the average of the highest annual compensation received for employment with the agency, including compensation paid for overtime service, received by the employee during any five calendar years within the employee’s last 10 years of service:
(14) "Fund", "plan", "system" or "retirement system" means the West Virginia State Police Retirement Fund created and established by this article.
Provided, That annual compensation for determining benefits during any determination period may not exceed the maximum compensation allowed as adjusted for cost of living in accordance with §5-10D-7 of this code and § 401(a)(17) of the Internal Revenue Code.
CS for CS for SB 676 “Full-time” means employment of an employee in a position which normally requires 12 months of service per calendar year service and at least 1,040 hours of service per calendar year.
(14) "Fund", "plan", "system", or "retirement system" means the West Virginia State Police Retirement Fund created and established by this article.
(16) "Law-enforcement officer" means an individual employed or otherwise engaged in either a public or private position which involves the rendition of services relating to enforcement of federal, state or local laws for the protection of public or private safety, including, but not limited to, positions as deputy sheriffs, police officers, marshals, bailiffs, court security officers or any other law-enforcement position which requires certification, but excluding positions held by elected 3 CS for SB 676 sheriffs or appointed chiefs of police whose duties are purely administrative in nature.
(16) "Law-enforcement officer" means an individual employed or otherwise engaged in either a public or private position which involves the rendition of services relating to enforcement of federal, state or local laws for the protection of public or private safety, including, but not limited to, positions as deputy sheriffs, police officers, marshals, bailiffs, court security officers or any other law-enforcement position which requires certification, but excluding positions held by elected sheriffs or appointed chiefs of police whose duties are purely administrative in nature.
(21) "Physical or mental impairment" means an impairment that results from an anatomical, physiological or psychological abnormality that is demonstrated by medically accepted clinical and laboratory diagnostic techniques.
CS for CS for SB 676 (21) "Physical or mental impairment" means an impairment that results from an anatomical, physiological, or psychological abnormality that is demonstrated by medically accepted clinical and laboratory diagnostic techniques.
4 CS for SB 676 (1) The calendar year in which the member attains the applicable age as set forth in this paragraph;
(1) The calendar year in which the member attains the applicable age as set forth in this paragraph;
(26) "Salary" means the compensation of an employee, excluding any overtime payments.
CS for CS for SB 676 (26) "Salary" means the compensation of an employee, excluding any overtime payments.
(A) The work exists in the 5 CS for SB 676 immediate area in which the employee lives;
(A) The work exists in the immediate area in which the employee lives;
§15-2A-3.
CS for CS for SB 676 §15-2A-3.
Provided, That any state trooper or Capital Police officer who has concurrent employment in an additional job or jobs which would require the state trooper to be a member of the West Virginia Deputy Sheriff Retirement System, the West Virginia Municipal Police Officers and Firefighters Retirement System or the West Virginia Emergency Medical Services Retirement System shall abide by the statutory provisions of said retirement system related to concurrent 6 CS for SB 676 employment and participate in only one retirement system administered by the board.
Provided, That any state trooper or Capital Police officer who has concurrent employment in an additional job or jobs which would require the state trooper to be a member of the West Virginia Deputy Sheriff Retirement System, the West Virginia Municipal Police Officers and Firefighters Retirement System or the West Virginia Emergency Medical Services Retirement System shall abide by the statutory provisions of said retirement system related to concurrent employment and participate in only one retirement system administered by the board.
(c) The board created pursuant to article ten-d, chapter five §5-10d-1 et seq.
(c) The board created pursuant to article ten-d, chapter five §5-10D-1 et seq.
The board may sue and be sued, contract and be contracted with and conduct all the business of the system in the name of the West Virginia State Police Retirement System.
The board may sue and be sued, contract and be contracted with, and conduct all the business of the system in the name of the West Virginia State Police Retirement System.
Notwithstanding any other provision of state law, the board shall administer the retirement system to fulfill this intent for the exclusive benefit of the employees, members, retirants and their beneficiaries.
Notwithstanding any other provision of state law, the board shall administer the retirement system CS for CS for SB 676 to fulfill this intent for the exclusive benefit of the employees, members, retirants, and their beneficiaries.
§15-2A-6e.
State police reemployment Reemployment after retirement.
(a) Notwithstanding any provision of this article to the contrary, a retirant who becomes reemployed by the agency or division after the effective date of his or her retirement must have a bona fide separation from service upon retirement to be eligible for an annuity under the retirement system.
If a retirant fails to have a bona fide separation from service upon retirement or if such retirant or the agency fails to comply with subsection (b) of this section in a manner satisfactory to the board, then the member’s retirement shall be voided and the member shall repay to the system the gross amount of all annuity payments received related to such voided retirement;
provided further that the board may take any actions necessary or appropriate in accordance with the provisions of §15-2A-23 of this code to recover such annuity payments so that an in-service distribution is not deemed to have been made.
(b) Prior to any retirant subsequently becoming employed by the agency or division, whether on a permanent, full-time, part-time, substitute, per diem, temporary or leased employee basis, the agency or division shall notify the board and the retirant, in writing, if and when any such potential employment will negatively impact the retirant’s retired status or benefits.
Upon the retirant’s acceptance of such employment, the agency or division shall notify the board, in writing, of the retirant’s subsequent employment.
The retirement board may also require of retirants and the agency or division such reports, forms and verifications as it deems necessary to ensure that a bona fide separation from service has occurred.
CS for CS for SB 676 (c) Subject to the provisions of subsection (a) of this section, the annuity of any retirant retired under the provisions of this article who resumes service in full-time employment with the agency or division shall be suspended while the retirant continues full-time employment.
If there has been a bona fide separation from service upon retirement, the monthly annuity payment for the month in which the service resumes shall be prorated to the date of commencement of service, and the retirant shall again become a contributing member during resumption of service.
At the conclusion of the resumed service, the retirant shall have his annuity recalculated to take into account the entirety of service while employed with the agency or division.
Capitol Police officers as members of the system.
Capitol Police officers as members of the system;
Transfer of Capital Police officers’ assets from Public Employees Retirement System.
transfer of Capital Police officers’ assets from Public Employees Retirement System.
(a) Notwithstanding any other provision of this article to the contrary, any Capital Police officer participating in the Public Employees Retirement System who shall elect in writing on a form provided by the board whether or not to transfer into this plan on or before August 31, 2026.
(a) Notwithstanding any other provision of this article to the contrary, any Capitol Police officer participating in the Public Employees Retirement System who shall elect in writing on a form provided by the board whether or not to transfer into this plan on or before August 31, 2026.
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Any Capitol Police officer who has elected to transfer into this plan shall be given credited service at the time of transfer for all credited service then standing to the officer’s service credit in the 7 CS for SB 676 Public Employees Retirement System regardless of whether the credited service, as defined in §15-2A-2 of this code, was earned as a Capitol Police officer.
Any Capitol Police officer who has elected to transfer into this plan shall be given credited service at the time of transfer for all credited service then standing to the officer’s service credit in the Public Employees Retirement System regardless of whether the credited service, as defined in §15-2A-2 of this code, was earned as a Capitol Police officer:
All credited service standing to the transferring officer’s credit in the Public Employees Retirement System at the time of transfer into this plan shall be transferred into the plan created by this article, and the transferring officer shall be given the same credit for the purposes of this article for all service transferred from the Public Employees Retirement System as that transferring officer would have received from the Public Employees Retirement System as if the transfer had not occurred but with accrued benefit multipliers subject to the provisions of §15-2A-6a of this code.
Provided, That to timely elect to participate in the West Virginia State Police Retirement System, a Capitol Police officer must agree to pay the difference between the amount of employee contribution made to the Public Employees Retirement System and the amount of employee contribution which would have been paid to the West Virgina State Police Retirement System for all years being transferred.
In connection with each transferring officer receiving credit for prior employment as provided in this subsection, a transfer from the Public Employees Retirement System to this plan shall be made pursuant to the procedures described in this article: Provided, That any member of this plan who has elected to transfer from the Public Employees Retirement System into this plan pursuant to this section may not, after having transferred into and becoming an active member of this plan, reinstate to his or her credit in this plan any service credit relating to periods in which the member was not in covered employment as a Capitol Police officer and which service was withdrawn from the Public Employees Retirement System prior to his or her elective transfer into this plan.
All credited service standing to the transferring officer’s credit in the Public Employees Retirement System at the time of transfer into this plan shall be transferred into the plan created by this article, and the transferring officer shall be given the same credit for the purposes of this article for all service transferred from the Public Employees Retirement System as that transferring officer would have received from the Public Employees Retirement System as if the transfer had not CS for CS for SB 676 occurred but with accrued benefit multipliers subject to the provisions of §15-2A-6a of this code.
(b) Any Capitol Police officer who elects to become a member of the plan does not qualify for active membership in any other retirement system administered by the board, so long as he or she remains employed in covered employment: Provided, That any officer who has concurrent employment in an additional job or jobs which would require the officer to be an active member of the West Virginia Deputy Sheriffs Retirement System, the West Virginia Municipal Police Officers and Firefighters Retirement System, or the West Virginia Natural Resources Police Officer Retirement System shall actively participate in only one retirement system administered by the board, and the retirement system applicable to the concurrent employment for which the employee has the earliest date of hire shall prevail.
In connection with each transferring officer receiving credit for prior employment as provided in this subsection, a transfer from the Public Employees Retirement System to this plan shall be made pursuant to the procedures described in this article:
officer shall continue to receive his or her accrued benefit of other retirement systems administered by the board, except in the case of Public Employees 8 CS for SB 676 Retirement System, when credit and assets are transferred to the West Virginia State Police Retirement System.
Provided, That any member of this plan who has elected to transfer from the Public Employees Retirement System into this plan pursuant to this section may not, after having transferred into and becoming an active member of this plan, reinstate to his or her credit in this plan any service credit relating to periods in which the member was not in covered employment as a Capitol Police officer and which service was withdrawn from the Public Employees Retirement System prior to his or her elective transfer into this plan.
(b) As a condition of employment, any full-time Capitol Police officer who is hired on or after July 1, 2026, or who elects to become a member of the plan pursuant to this section does not qualify for active membership in any other retirement system administered by the board, so long as he or she remains employed in covered employment:
Provided, That any officer who has concurrent employment in an additional job or jobs which would require the officer to be an active member of the West Virginia Deputy Sheriffs Retirement System, the West Virginia Municipal Police Officers and Firefighters Retirement System, or the West Virginia Natural Resources Police Officer Retirement System shall actively participate in only one retirement system administered by the board, and the retirement system applicable to the concurrent employment for which the employee has the earliest date of hire shall prevail.
The officer shall continue to receive his or her accrued benefit of other retirement systems administered by the board, except in the case of Public Employees Retirement System, when credit and assets are transferred to the West Virginia State Police Retirement System.
For purposes of this section, the member’s years of service and credited service prior to July 1, 2026, may be counted so long as the officer has not received the return of his or her accumulated contributions in the Public Employees Retirement System pursuant to §5-10-30 of this code.
For purposes of this section, the member’s years of service and credited service prior to July 1, 2026, may be counted so long as the officer has not received the return of his or her accumulated CS for CS for SB 676 contributions in the Public Employees Retirement System pursuant to §5-10-30 of this code.
The member may request in writing to have his or her accumulated contributions and employer contributions from covered employment in the Public Employees Retirement System transferred to the plan and will receive two percent of the member’s final average salary for each year transferred.
The member may request in writing to have his or her accumulated contributions and employer contributions from covered employment in the Public Employees Retirement System transferred to the plan.
(e) The Consolidated Public Retirement Board shall transfer assets of Capitol Police officers who wish to participate in the West Virginia State Police Retirement System from the Public Employees Retirement System Trust Fund into the West Virginia State Police Trust Fund no later than March 31, 2027.
(e) The Consolidated Public Retirement Board shall transfer assets of Capitol Police officers who wish to participate in the West Virginia State Police Retirement System from the Public Employees Retirement System Trust Fund into the West Virginia State Police Trust Fund no later than April 30, 2027.
(1) Compute the market value of the Public Employees Retirement System assets as of 9 CS for SB 676 July 1, 2026, actuarial valuation date under the actuarial valuation approved by the board;
(1) Compute the market value of the Public Employees Retirement System assets as of July 1, 2026, actuarial valuation date under the actuarial valuation approved by the board;
(4) Compute the actuarial accrued liability for all active Public Employees Retirement System members as of July 1, 2025, actuarial valuation date approved by the board;
CS for CS for SB 676 (4) Compute the actuarial accrued liability for all active Public Employees Retirement System members as of July 1, 2025, actuarial valuation date approved by the board;
(g) Once a Capitol Police officer has elected to transfer from the Public Employees Retirement System, transfer of that amount as calculated in accordance with the provisions of subsection (g) of this section by the Public Employees Retirement System shall operate as a 10 CS for SB 676 complete bar to any further liability to the Public Employees Retirement System and constitutes an agreement whereby the transferring officer forever indemnifies and holds harmless the Public Employees Retirement System from providing him or her any form of retirement benefit whatsoever until that officer obtains other employment which would make him or her eligible to reenter the Public Employees Retirement System with no credit whatsoever for the amounts transferred to the West Virginia State Police Retirement System.
(g) Once a Capitol Police officer has elected to transfer from the Public Employees Retirement System, transfer of that amount as calculated in accordance with the provisions of subsection (f) of this section by the Public Employees Retirement System shall operate as a complete bar to any further liability to the Public Employees Retirement System and constitutes an agreement whereby the transferring officer forever indemnifies and holds harmless the Public Employees Retirement System from providing him or her any form of retirement benefit whatsoever until that officer obtains other employment which would make him or her eligible to reenter the Public Employees Retirement System with no credit whatsoever for the amounts transferred to the West Virginia State Police Retirement System.
(h) A Capitol Police officer who timely elected to transfer into this plan may request in writing that the Consolidated Public Retirement Board compute a quote of the amount owed for the member’s transferred officer to be eligible for the three percent multiplier.
CS for CS for SB 676 (h) A Capitol Police officer who timely elected to transfer into this plan shall request in writing that the Consolidated Public Retirement Board compute a quote of the amount owed for the member’s transferred officer to be eligible for the three percent multiplier.
Other Public Employees Retirement System employment is eligible for transfer, but only at the 2 percent multiplier.
(4) Full reinstatement amount must be repaid no later than December 31, 2030, or prior to the member’s effective retirement date, whichever occurs first.
(4) Full reinstatement amount must be repaid no later than December 31, 2031, or prior to the member’s effective retirement date, whichever occurs first.
(i) Commencement of retirement for transferring Capitol Police officers may occur on or after April 1, 2027.
(i) Commencement of retirement for transferring Capitol Police officers may occur on or after May 1, 2027.
NOTE:
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The purpose of this bill is to include members of the Division of Protection Services 11 CS for SB 676 (Capitol Police) under the state police B retirement system.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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Action History

  1. To Finance

  2. House received Senate message

  3. Introduced in House

  4. To House Finance

  5. On 3rd reading

  6. Read 3rd time

  7. Passed Senate (Roll No. 237)

  8. Ordered to House

  9. On 2nd reading

  10. Read 2nd time

  11. Com. sub. for com. sub. reported

  12. Immediate consideration

  13. Read 1st time

  14. Committee substitute reported, but first to Finance

  15. To Finance

  16. Filed for introduction

  17. To Pensions then Finance

  18. Introduced in Senate

  19. To Pensions

Sponsors

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 148 not signed on

Sponsors (1)

  • Takubo

Co-sponsors (3)

Not signed on (148)

148 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

What does SB 676 do?
Allowing certain Capitol Police officers to participate in WV State Police Retirement System
Who sponsors SB 676?
SB 676 is sponsored by Takubo, Jeffries, Charles H. Clements (Republican), and Vince Deeds (Republican).
What is the current status of SB 676?
This bill died with 2026 Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 676?
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