Bill Text: WV HB2330 | 2014 | Regular Session | Introduced
Bill Title: Permitting a retired police officer to be hired as a chief of police and continue to receive retirement benefits
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-01-09 - To House Pensions and Retirement [HB2330 Detail]
Download: West_Virginia-2014-HB2330-Introduced.html
(By Delegate Azinger)
[Introduced February 13, 2013; referred to the
Committee on Pensions and Retirement then Finance.]
A BILL to amend and reenact §8-22-25 of the Code of West Virginia,
1931, as amended, relating to permitting a retired police officer to be hired as a chief of police and continue to receive retirement benefits.
Be it enacted by the Legislature of West Virginia:
That §8-22-25 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 22. RETIREMENT BENEFITS GENERALLY; POLICEMEN'S PENSION AND RELIEF FUND; FIREMEN'S PENSION AND RELIEF FUND; PENSION PLANS FOR EMPLOYEES OF WATERWORKS SYSTEM, SEWERAGE SYSTEM OR COMBINED WATERWORKS AND SEWERAGE SYSTEM.
§8-22-25. Retirement pensions.
(a) Any member of a paid police or fire department who is entitled to a retirement pension hereunder, and who has been in the honorable service of such department for twenty years, may, upon written application to the board of trustees, be retired from all service in such department without medical examination or disability. On such retirement the board of trustees shall authorize the payment of annual retirement pension benefits commencing upon
(b) Any member of any such department who is entitled to a retirement pension under the provisions of subsection (a) of this section and who has been in the honorable service of such department for more than twenty years at the time of
(1) Two additional percent, to be added to the sixty percent for each of the first five additional years of service completed at the time of retirement in excess of twenty years of service up to a maximum of seventy percent; and
(2) One additional percent, to be added to such maximum of seventy percent, for each of the first five additional years of service completed at the time of retirement in excess of twenty-five years of service up to a maximum of seventy-five percent.
The total additional credit provided
(c) Any member of any such department whose service has been interrupted by duty with the Armed Forces of the United States as provided in section twenty-seven of this article prior to July 1, 1981, shall be eligible for retirement pension benefits immediately upon retirement, regardless of
Any member or previously retired member of any such department who has served in active duty with the Armed Forces of the United States as described in section twenty-seven of this article, whether prior to or subsequent to becoming a member of a paid police or fire department covered by the provisions of this article, shall receive, in addition to the sixty percent authorized in subsection (a) of this section and the additional percent credit authorized in subsection (b) of this section, one additional percent for each year so served in active military duty, up to a maximum of four additional percent. In no event, however, may the total benefit granted to any member exceed seventy-five percent of the member's annual average salary calculated in accordance with subsection (a) of this section.
(d) Any member of a paid police or fire department shall be retired at the age of sixty-five years in the manner provided in this subsection. When a member of the paid police or fire department reaches the age of sixty-five years, the said board of trustees shall notify the mayor of this fact, within thirty days of such member's sixty-fifth birthday. The mayor shall cause such sixty-five-year-old member of the paid police or fire department to retire within a period of not more than thirty additional days. Upon retirement under the provisions of this subsection, such member shall receive retirement pension benefits payable in twelve monthly installments for each year of the remainder of
(e) It shall be the duty of each member of a paid police or fire department at the time a fund is hereafter established to furnish the necessary proof of
(f) Notwithstanding any provision in the code to the contrary, a retired member may serve as a chief of police beyond the age of sixty-five while continuing to receive retirement benefits. However, in such an instance, the retired member is not eligible to continue his or her participation as a contributing member of the pension fund and shall not continue to accrue any additional service credit or benefits in the pension fund related to the continued service.
NOTE: The purpose of this bill is to permit a retired police officer to be hired as a chief of police and continue to receive retirement benefits. The bill also limits such a person from paying into or to accrue any additional benefits related to the continued service.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.