SB 1074 — Allowing newly hired emergency medical vehicle operators to participate in EMS Retirement System
Last action — To House Finance
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1Introduced
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2In Committee
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3Passed Senate
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4Passed House of Delegates
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5To Executive
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6Enacted
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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Summary
Allowing newly hired emergency medical vehicle operators to participate in EMS Retirement System
Bill Text
What changed in the latest version
304 added · 304 removedPlain-language change summary
The recent amendment to SB 1074 made a significant change by removing the requirement for home confinement officers to be certified according to existing codes. Additionally, the maximum benefit that can be paid to members has been adjusted from 90 percent to 67 percent of their final average salary. These changes aim to simplify the qualifications for home confinement officers and establish clearer limits on retirement benefits, which could have implications for both current and future officers in terms of their retirement planning and financial security.
WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee FISCALSubstitute for Senate Bill 1074 NOTEBY BySENATORTAKUBO SenatorANOLIVERIO Takubo[Reported [IntroducedMarch February2, 23,2026, 2026;from the Committee on Finance] CS for SB 1074 A BILL to amend and reenact §16-5V-2 of the Code of West Virginia, 1931, as amended, relating to the Emergency Medical Services Retirement System Act;
referred to the Committee on Pensions;
and then to the Committee on Finance] Intr SB 1074 2026R4329 A BILL to amend and reenact §16-5V-2 of the Code of West Virginia, 1931, as amended, relating to the Emergency Medical Services Retirement System Act;
removing requirement that home confinement officers be certified pursuant to code;
The board shall decrease the contribution rate to eight and one-one-half half percent once the plan funding reaches the 70 percent support objective as of any later actuarial valuation date.
CS for SB 1074 (3) For 911 personnelpersonnel, or home confinement officers, or emergency medical services officers with assets transferred pursuant to §16-5V-6d§16-5V-6d, or §16-5V-6f§16-5V-6f, or §16-5V-6g of this code who did not elect to pay back higher past contributions with Intr SB 1074 2026R4329 interest, "accrued benefit" means, on behalf of the member, two percent per year of the member’s final average salary for all credited service that was credited as a result of transferred assets.
(4) For 911 personnelpersonnel, or home confinement officers, or emergency medical services officers with assets transferred pursuant to §16-5V-6d§16-5V-6d, or §16-5V-6f§16-5V-6f, or §16-5V-6g of this code who did elect to pay back higher past contributions, with interest, for eligible 911 service credit, "accrued benefit" means on behalf of the member two percent per year of the member’s final average salary for all non-911 credited service that was credited as a result of transferred assets.
CS for SB 1074 (c) "Active military duty" means full-time active duty with any branch of the armed forces of the United States, including service with the National Guard or reserve military forces when the member has been called to active full-time duty and has received no compensation during the period of that duty from any board or employer other than the armed forces.
Intr SB 1074 2026R4329 (d) "Actuarial equivalent" means a benefit of equal value computed upon the basis of the mortality table and interest rates as set and adopted by the board in accordance with the provisions of this article.
(i) "Bona fide separation from service upon retirement" means that a retirant has completely terminated any employment relationship with any participating public employer in the CS for SB 1074 system for a period of at least 60 consecutive days from the effective date of retirement and without a prearranged agreement to return to employment with a participating employer.
For purposes of this definition, an employment relationship includes employment in any capacity, whether on a permanent, full-time, part-time, substitute, per diem, temporary, or leased employee Intr SB 1074 2026R4329 basis.
or (5) employment as a full-time emergency medical vehicle operator hired after July 1, 2026,2026; or (5) (6) the period of time during which active duties are not performed but disability benefits are received under this article;
or (5) (6) (7) concurrent employment by an emergency medical services officer, 911 personnel, home confinement officer, or county firefighter in a job or jobs in addition to his or her employment as an emergency medical services officer, 911 personnel, home confinement officer, or county firefighter where the secondaryperiod employment requires the emergency medical services officer, 911 personnel, home confinement officer, or county firefighter to be a member of anothertime retirementduring system which isactive administeredduties byare thenot Consolidatedperformed Publicbut Retirementdisability Boardbenefits pursuantare toreceived thisunder code: Provided, That the emergency medical services officer, 911 personnel, home confinement officer, or county firefighter contributes to the fund created in this articlearticle; the amount specified as the member’s contribution in §16-5V-8 of this code.
(n)or "Credited(6) service"(7) meansconcurrent theemployment sumby ofan emergency medical services officer, 911 personnel, home confinement officer, or county firefighter in a member'sjob yearsor ofjobs service,in activeaddition militaryto duty,his Intror SBher 1074employment 2026R4329as disabilityan service,emergency servicemedical transferredservices fromofficer, 911 personnel, home confinement officer, or county firefighter where the Publicsecondary Employeesemployment Retirementrequires Systemthe andemergency accruedmedical annualservices andofficer, sick911 leavepersonnel, service.home confinement officer, or county firefighter to be a member of another retirement system which is administered by the CS for SB 1074 Consolidated Public Retirement Board pursuant to this code:
Provided, That the emergency medical services officer, 911 personnel, home confinement officer, or county firefighter contributes to the fund created in this article the amount specified as the member’s contribution in §16-5V-8 of this code.
(n) "Credited service" means the sum of a member's years of service, active military duty, disability service, service transferred from the Public Employees Retirement System and accrued annual and sick leave service.
(1) An unmarried person under age eighteen18 who is:
CS for SB 1074 (r) "Early retirement age" means age 45 or over and completion of 20 years of contributory service.
(t) "Emergency medical services officer" means an individual employed by the state, county or other political subdivision as a medical professional who is qualified to respond to Intr SB 1074 2026R4329 medical emergencies, aids the sick and injured and arranges or transports to medical facilities, as defined by the West Virginia Office of Emergency Medical Services.
(u) "Emergency Medicalmedical Vehiclevehicle Operator"operator" means an individual employed by a county or other political subdivision as an authorized driver of an ambulance or other emergency medical services vehicle to transport sick or injured persons.
(u) (v) "Employer error" means an omission, misrepresentation, or deliberate act in violation of relevant provisions of the West Virginia Code, the West Virginia Code of State Rules, or the relevant provisions of both the West Virginia Code and of the West Virginia Code of State Rules by the participating public employer that has resulted in an underpayment or overpayment of contributions required.
(v) (w) "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.
If the member did not have annual compensation for the five full plan years preceding the member's attainment of normal retirement age and during that period the member received disability benefits CS for SB 1074 under this article, then "final average salary" means the average of the monthly salary determined paid to the member during that period as determined under §16-5V-19 of this code multiplied by 12.
(w) (x) "Full-time employment" means permanent employment of an employee by a Intr SB 1074 2026R4329 participating public employer in a position which normally requires 12 months per year service and requires at least 1,040 hours per year service in that position.
(x) (y) "Fund" means the West Virginia Emergency Medical Services Retirement Fund created by this article.
(y) (z) "Home confinement officer" means an individual employed in full-time employment as a home confinement officer or home incarceration supervisor with a county sheriff’s office or by a county commissioncommission. and who is certified pursuant to the provisions of §30-29-1 et seq.
and who is certified pursuant to the provisions of §30-29-1 et seq.
(z) (aa) "Hour of service" means:
The same hours CS for SB 1074 of service shall not be credited both under subdivision (1) or subdivision (2) of this subsection and under this subdivision.
(aa) (bb) "Medical examination" means an in-person or virtual examination of a member’s Intr SB 1074 2026R4329 physical or mental health, or both, by a physician or physicians selected or approved by the board;
(bb) (cc) "Member" means either:
(cc)CS (dd)for SB 1074 (cc) "Monthly salary" means the W-2 reportable compensation received by a member during the month.
(dd) (ee) "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.
If the member dies before the sum of the payments he or she receives equals his or her accumulated contributions on the annuity starting date, the named beneficiary shall receive in one lump sum the difference between Intr SB 1074 2026R4329 the accumulated contributions at the annuity starting date and the total of the retirement income payments made to the member.
(ee) (ff) "Normal retirement age" means the first to occur of the following:
(ff) (gg) "Participating public employer" means:
(gg) (hh) "Plan" means the West Virginia Emergency Medical Services Retirement System established by this article.
(hh)CS (ii)for SB 1074 (hh) "Plan year" means the 12-month period commencing on January 1 of any designated year and ending the following December 31.
(ii) (jj) "Political subdivision" means a county, city, or town in the state;
and any public corporation charged by law with the performance of a governmental function and whose Intr SB 1074 2026R4329 jurisdiction is coextensive with one or more counties, cities, or towns: Provided,towns: That any public corporation established under §7-15-4 of this code is considered a political subdivision solely for the purposes of this article.
Show all 57 changed lines (17 more)
(jj)Provided, (kk)That "Publicany Employeespublic Retirementcorporation System"established meansunder the§7-15-4 Westof Virginiathis Publiccode Employeesis Retirementconsidered Systema createdpolitical bysubdivision Westsolely Virginiafor Code.the purposes of this article.
(kk)(jj) (ll)"Public "RegularEmployees interest"Retirement System" means the rateWest orVirginia ratesPublic ofEmployees interestRetirement perSystem annum,created compoundedby annually,West asVirginia theCode. board adopts in accordance with the provisions of this article.
(ll)(kk) (mm)"Regular "Requiredinterest" beginningmeans date"the meansrate Aprilor 1rates of interest per annum, compounded annually, as the calendarboard yearadopts followingin accordance with the laterprovisions of:of this article.
(ll) "Required beginning date" means April 1 of the calendar year following the later of:
(mm)CS (nn)for SB 1074 (mm) "Retirant" means any member who commences an annuity payable by the plan.
(nn) (oo) "Retire" or "retirement" means a member’s withdrawal from the employ of a participating public employer and the commencement of an annuity by the plan.
(oo) (pp) "Retirement income payments" means the monthly retirement income payments payable under the plan.
(pp) (qq) "Spouse" means the person to whom the member is legally married on the Intr SB 1074 2026R4329 annuity starting date.
(qq) (rr) "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.
(rr) (ss) "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.
(2) "Physical or mental impairment" is an impairment that results from an anatomical, physiological, or psychological abnormality that is demonstrated by medically accepted clinical CS for SB 1074 and laboratory diagnostic techniques.
(ss) (tt) "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 upon the hours of service performed as covered employment and credited to the member during the plan year based upon the following schedule:
Intr SB 1074 2026R4329 Hours of Service Years of Service Credited Less than 500 0 to 999 1/3 to 1499 2/3 or 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.
(tt) (uu) "911 personnel" means an individual employed in full-time employment with a county 911 public safety answering point.
NOTE:
The purpose of this bill is to permit newly hired emergency vehicle operators to participate in the Emergency Medical Services Officer 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.
Show all 57 changed rows (17 more)
View plain text versions (2)
- Committee Substitute View text Current pdf
- Introduced Introduced Version pdf
Action History
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Filed for introduction
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To Pensions then Finance
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Introduced in Senate
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To Pensions
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Reported do pass, but first to Finance
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To Finance
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Committee substitute reported
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Immediate consideration
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Read 1st time
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On 2nd reading
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Read 2nd time
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On 3rd reading
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Read 3rd time
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Passed Senate (Roll No. 354)
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Ordered to House
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House received Senate message
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Introduced in House
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To Finance
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To House Finance
Sponsors
- Takubo · Primary
- Oliverio · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 150 not signed on
Sponsors (1)
- Takubo
Co-sponsors (1)
- Oliverio
Not signed on (150)
150 members have not signed on to this bill.
Show all 150 →"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.
Votes
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- What does SB 1074 do?
- Allowing newly hired emergency medical vehicle operators to participate in EMS Retirement System
- Who sponsors SB 1074?
- SB 1074 is sponsored by Takubo and Oliverio.
- What is the current status of SB 1074?
- 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 1074?
- Track SB 1074 free on One Click Politics — get push/email alerts when it moves.
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