West Virginia Legislature's Office of Reference & Information. WEST VIRGINIA PUBLIC EMPLOYEES RETIREMENT ACT. . (b) The board of trustees shall grant service credit to any former and present member of the State Teachers Retirement System who has been a contributing member in the Public Employees Retirement System for more than three years, for service previously credited by the State Teachers Retirement System and shall require the transfer of the members accumulated contributions to the system and shall also require a deposit, with reinstatement interest as set forth in the boards Rule, Refund, Reinstatement, Retroactive Service, Loan and Correction of Error Interest Factors, 162 C. S. R. 7, of any withdrawals of contributions any time prior to the members retirement: , That members of the State Teachers Retirement System who first became a member of the State Teachers Retirement System on or after July 1, 2022, may only transfer service credit to the Public Employees Retirement System if they first became a member of the Public Employees Retirement System on or after July 1, 2015. 4101 MacCorkle Avenue S.E pension from the West Virginia State Police Death, Disability and Retirement Fund. or the relevant provisions of both the West Virginia Code and of the West Virginia Code of State Regulations by the participating public employer that has resulted in an underpayment or overpayment of contributions required; (13) "Final average salary" means either of the following: , That salaries for determining benefits during any determination period may not exceed the maximum compensation allowed as adjusted for cost of living in accordance with. (c) If a retirant becomes regularly employed on a full-time basis by a participating public employer, payment of his or her annuity shall be suspended during the period of his or her reemployment and he or she shall become a contributing member to the retirement system. Certification of employment for a complete legislative session and for interim days shall be determined by the clerk of the house in which the employee served, based upon employment records. Benefitting People Who Serve. srt #j!! Active Duty Military Pay - Line 34 Login. (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 political subdivision became a participating public employer. Employees of the State Legislature whose terms of employment are otherwise classified as temporary and who are employed to perform services required by the Legislature during the interim time between regular sessions shall receive service credit of one month for each 10 days served during the interim between regular sessions, which interim days shall be cumulatively calculated so that any 10 days, regardless of calendar month or year, shall be calculated toward any award of one month of service credit: , That no more than one year of service may be credited to any temporary legislative employee for all service rendered by that employee in any calendar year and no days may be carried over by a temporary legislative employee from one calendar year to another calendar year where the member has received a full year credit for that year. You may continue your basic, optional and dependent life insurance at the time of retirement. In the event a members remuneration is not all paid in money, his or her participating public employer shall fix the value of the portion of the remuneration which is not paid in money: Provided Provided, That members hired in a position for the first time on or after July 1, 2014, who receive nonmonetary remuneration shall not have nonmonetary remuneration included in compensation for retirement purposes and nonmonetary remuneration may not be used in calculating a members final average salary. hTmk0+12J I4a6kh_Bw'ltt:szN~lFD@8 a|0p\]Zj,cpHU!$EM*~)MAy!j?Uy\!p"?d(pxt2A:1 v$b; S0FM tmCai'k"_?Lm$+XBx1}1uqoIV:eU27K+ Vs-,\Fc;kvuU8fl26YY9*OOGp;yY#~QV ZoyNpB817kO 7yE@+XW9\#=3[EYE/.c98cIM Where an employee purchases service credit for employment which occurred after 1988, that employee shall pay for the employees share and the employer shall pay its share for the purchase of retroactive service credit: Provided, That no legislative employee and no current or former member of the Legislature may be required to pay any interest or penalty upon the purchase of retroactive service credit in accordance with the provisions of this section where the employee was not eligible to become a member during the years for which he or she is purchasing retroactive credit or had the employee attempted to contribute to the system during the years for which he or she is purchasing retroactive service credit and the contributions would have been refused by the board: Provided, however, That a current legislative employee purchasing retroactive credit under this section shall do so within 24 months of beginning contributions to the retirement system as a legislative employee or no later than December 31, 2016, whichever occurs later: Provided further, That once a legislative employee becomes a member of the retirement system, he or she may purchase retroactive service credit for any time he or she was employed by the Legislature and did not receive service credit. For Medicare Retirees, Medicare will be primary and PEIA will be secondary. The Legislature hereby further finds and declares that the interests of the public are served when persons having retired from public employment are permitted, within certain limitations, to render post-retirement employment in positions of public service, either in elected or appointed capacities. hb``e``2` Y9Y8xa3 fc`k &0z@MjTgd0 You will need to update your coordination of benefits with UMR. The board shall have final power to decide whether the payments shall be considered compensation for purposes of this article; (9) "Contributing service" means service rendered by a member within this state and for which the member made contributions to a public retirement system account of this state, to the extent credited him or her as provided by this article; (10) "Credited service" means the sum of a members prior service credit, military service credit, workers compensation service credit and contributing service credit standing to his or her credit as provided in this article; (11) "Employee" means any person who serves regularly as an officer or employee, full time, on a salary basis, whose tenure is not restricted as to temporary or provisional appointment, in the service of, and whose compensation is payable, in whole or in part, by any political subdivision, or an officer or employee whose compensation is calculated on a daily basis and paid monthly or on completion of assignment, including technicians and other personnel employed by the West Virginia National Guard whose compensation, in whole or in part, is paid by the federal government: Provided, That an employee of the Legislature whose term of employment is otherwise classified as temporary and who is employed to perform services required by the Legislature for its regular sessions or during the interim between regular sessions and who has been or is employed during regular sessions or during the interim between regular sessions in seven five or more consecutive calendar years, as certified by the clerk of the house in which the employee served, is an employee, any provision to the contrary in this article notwithstanding, and is entitled to credited service in accordance with provisions of 5-10-14 of this code: Provided, however, That members of the legislative body of any political subdivision and commissioners of the West Virginia Claims Commission are employees receiving one year of service credit for each one-year term served and prorated service credit for any partial term served, anything contained in this article to the contrary notwithstanding: Provided further, That only a compensated board member of a participating public employer appointed to a board of a nonlegislative body for the first time on or after July 1, 2014, who normally is required to work 12 months per year and 1040 hours of service per year is an employee. Any lump sum or other payments paid to members that do not constitute regular salary or wage payments are not considered compensation for the purpose of withholding contributions for the system or for the purpose of calculating a members final average salary. West Virginia Retirement Plus Child Support Payment System. Service of 55 days of a regular session constitutes an absolute presumption of service for a complete legislative session and service of 27 days of a 30-day regular session occurring prior to 1971 constitutes an absolute presumption of service for a complete legislative session. A state actuary says expanding military service credits for public employees' pension benefits will cost more than $197 million.A report by Consolidated. Public Employees Insurance Agency. endstream endobj 11 0 obj <> endobj 12 0 obj <> endobj 13 0 obj <>stream If his or her reemployment is for a period of one year or longer, his or her annuity shall be recalculated and he or she shall be granted an increased annuity due to the additional employment, the annuity to be computed according to 5-10-22 of this code. (g) (1) Notwithstanding any provision to the contrary, the seven five consecutive calendar years requirement, and the 13 consecutive seven calendar years requirement, and the service credit requirements set forth in this section shall be applied retroactively to all periods of legislative employment prior to the passage of this section, including any periods of legislative employment occurring before the seven consecutive five and 13 consecutive seven calendar years referenced in this section: Provided, That the employee has not retired prior to the effective date of the amendments made to this section in the 2002 regular session of the Legislature. 807 0 obj <>stream years apply retroactively to all legislative employment prior to the effective date of the 2006 amendments to this section. WV Consolidated Public Retirement Board. 10 0 obj <> endobj The full premium for the months from the date of retirement to the date of the first retirement check will be withdrawn. endstream endobj 14 0 obj <>stream By Senators Trump, Weld, Nelson, and Jeffries, [Originating in the Committee on Pensions; reported on February 16, 2023]. (e) If question arises regarding the membership status of any employee, the Board of Trustees has the final power to decide the question. 5kETO6=Q:aI-90 K Senate Bill 582. (d) Active members who previously worked in Comprehensive Employment and Training Act (CETA) may receive service credit for time served in that capacity: Provided, That in order to receive service credit under the provisions of this subsection the following conditions must be met: (1) The member must have moved from temporary employment with the participating employer to permanent full-time employment with the participating employer within 120 days following the termination of the members CETA employment; (2) the board must receive evidence that establishes to a reasonable degree of certainty as determined by the board that the member previously worked in CETA; and (3) the member shall pay to the board an amount equal to the employer and employee contribution plus interest at the amount set by the board for the amount of service credit sought pursuant to this subsection: Provided, however, That the maximum service credit that may be obtained under the provisions of this subsection is two years: Provided further, That a member must apply and pay for the service credit allowed under this subsection and provide all necessary documentation by March 31, 2003: And provided further, That the board shall exercise due diligence to notify affected employees of the provisions of this subsection. or more consecutive calendar years, as certified by the clerk of the house in which the employee served, is an employee, any provision to the contrary in this article notwithstanding, and is entitled to credited service in accordance with provisions of 5-10-14 of this code: , That members of the legislative body of any political subdivision and commissioners of the West Virginia Claims Commission are employees receiving one year of service credit for each one-year term served and prorated service credit for any partial term served, anything contained in this article to the contrary notwithstanding: , That only a compensated board member of a participating public employer appointed to a board of a nonlegislative body for the first time on or after July 1, 2014, who normally is required to work 12 months per year and 1040 hours of service per year is an employee. WV Department of Administration Finance Division > Shared Services > Payroll Payroll Payroll strives to provide friendly, courteous, and knowledgeable support to State agencies within the Department of Administration. The exception to this rule is in January when, for tax purposes, the payment must be issued on the first business . These payments include, but are not limited to, attendance or performance bonuses, one-time flat fee or lump sum payments, payments paid as a result of excess budget, or employee recognition payments. NOTE: If you become reemployed by an employer participating in this retirement system while your the state contributes only 4.69 percent. You may not elect or increase life insurance after this period. The PRT is a totally automated public transit system consisting of 73 driverless vehicles, nine miles of dedicated guideway, five passenger stations, two maintenance facilities and a vast array of . He may take a modification from his adjusted gross income for the full amount of pension he receives from that fund. Teachers Retirement System, West Virginia Public Employees Retirement System and Federal Retirement Systems (Title 4 USC 111). Employers log in here. Civilian employees of the West Virginia State Police are members of the Public . 5-10D-7 of this code and Section 401 (a) (17) of the Internal Revenue Code: , That the provisions of 5-10-22h of this code are not applicable to the amendments made to this subdivision during the 2011 regular session of the Legislature; (A) The average of the highest annual compensation received by a member, including a member of the Legislature who participates in the retirement system in the year 1971 or thereafter, during any period of three consecutive years of credited service contained within the members 15 years of credited service immediately preceding the date his or her employment with a participating public employer last terminated: , That for persons who were first hired on or after July 1, 2015, any period of five consecutive years of contributing service contained within the members 15 years of credited service immediately preceding the date his or her employment with a participating public employer last terminated; or. The membership of the retirement system consists of the following persons: (a) All employees, as defined in 5-10-2 of this code, who are in the employ of a political subdivision the day preceding the date it becomes a participating public employer and who continue in the employ of the participating public employer on and after that date shall become members of the retirement system; and all persons who become employees of a participating public employer on or after that date shall thereupon become members of the system; except as provided in subdivisions (b), (c) and (d) of this section. If any dependent is Medicare eligible, PEIA will need a copy of their Medicare Card also. (2) The requirement of seven consecutive five years and the requirement of 13 consecutive seven years apply retroactively to all legislative employment prior to the effective date of the 2006 amendments to this section. (b) The board of trustees shall grant service credit to any former and present member of the State Teachers Retirement System who has been a contributing member in the Public Employees Retirement System for more than three years, for service previously credited by the State Teachers Retirement System and shall require the transfer of the members accumulated contributions to the system and shall also require a deposit, with reinstatement interest as set forth in the boards Rule, Refund, Reinstatement, Retroactive Service, Loan and Correction of Error Interest Factors, 162 C. S. R. 7, of any withdrawals of contributions any time prior to the members retirement: Provided, That members of the State Teachers Retirement System who first became a member of the State Teachers Retirement System on or after July 1, 2022, may only transfer service credit to the Public Employees Retirement System if they first became a member of the Public Employees Retirement System on or after July 1, 2015. Retiree Newsletter Volume 1 2022 Volume 1 2020 %PDF-1.6 % Employees of the State Legislature whose terms of employment are otherwise classified as temporary and who are employed to perform services required by the Legislature during the interim time between regular sessions shall receive service credit of one month for each 10 days served during the interim between regular sessions, which interim days shall be cumulatively calculated so that any 10 days, regardless of calendar month or year, shall be calculated toward any award of one month of service credit: Provided further, That no more than one year of service may be credited to any temporary legislative employee for all service rendered by that employee in any calendar year and no days may be carried over by a temporary legislative employee from one calendar year to another calendar year where the member has received a full year credit for that year. (2) Notwithstanding the provisions of subsection (c) of this section, a retired magistrate who is recalled and assigned to temporary service as a senior magistrate by the West Virginia Supreme Court of Appeals may receive per diem compensation pursuant to the requirements of 50-1-6a of this code while continuing to receive his or her annuity.
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