West Virginia Code § 15-2-39a

Limitations on benefit increases
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(a) The state shall not increase any existing benefits or create any new benefits for any
retirees or beneficiaries currently receiving monthly benefit payments from the system,
other than an increase in benefits or new benefits effected by operation of law in effect on
the effective date of this article, in an amount that would exceed more than one percent of
the accrued actuarial liability of the system as of the last day of the precedineg fiscal year as
determined in the annual actuarial valuation for the plan completed for the Consolidated
Public Retirement Board as of the first day of the following fiscal year ars of the date the
improvement is adopted by the Legislature.
(b) If any increase of existing benefits or creation of new benefits for any retirees or
beneficiaries currently receiving monthly benefit payments utnder the system, other than an
increase in benefits or new benefits effected by operation of law in effect on the effective
date of this article, causes any additional unfunded actuarial accrued liability in any of the
West Virginia state sponsored pension systems as calculated in the annual actuarial
valuation for the plan during any fiscal year, the additional unfunded actuarial accrued
liability of the system shall be fully amortized sover no more than the six consecutive fiscal
years following the date the increase in benefits or new benefits become effective as
certified by the Consolidated Public Retirement Board. Following the receipt of the
certification of additional actuarial agccrued liability, the Governor shall submit the amount of
the amortization payment each year for the system as part of the annual budget submission
or in an executive message to ethe Legislature.
(c) Notwithstanding theL provisions of subsections (a) and (b) of this section, the computation
of annuities or benefits for active members due to retirement, death or disability as provided
for in the system shall not be amended in such a manner as to increase any existing benefits
or to provide for new benefits.
(d) The provisions of this section terminate effective July 1, 2025: Provided, That if bonds are
issuWed pursuant to article eight, chapter twelve of this code, the provisions of this section
shall not terminate while any of the bonds are outstanding.

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