West Virginia Code § 16-5V-9

Transfer from Public Employees Retirement System
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(a) The Consolidated Public Retirement Board shall, within one hundred eighty days of the
effective date of the transfer of an emergency medical services officer from the Public
Employees Retirement System to the plan, transfer assets from the Public Employees
Retirement System Trust Fund into the West Virginia Emergency Medical Services Trust
Fund. e
(b) Except as provided in subsection (e) of this section, the amount of assets to be
transferred for each transferring emergency medical services officer shall be computed as of
January 1, 2008, using July 1, 2007, actuarial valuation of the Puublic Employees Retirement
System, and updated with seven and one-half percent annual interest to the date of the
actual asset transfer. The market value of the assets of the ttransferring emergency medical
services officer in the Public Employees Retirement System shall be determined as of the
end of the month preceding the actual transfer. To determine the computation of the asset
share to be transferred the board shall:
(1) Compute the market value of the Public Emsployees Retirement System assets as of July
1, 2007, actuarial valuation date under the actuarial valuation approved by the board;
(2) Compute the actuarial accrued ligabilities for all Public Employees Retirement System
retirees, beneficiaries, disabled retirees and terminated inactive members as of July 1, 2007,
actuarial valuation date;
(3) Compute the market value of active member assets in the Public Employees Retirement
System as of July 1, 2007, by reducing the assets value under subdivision (1) of this
subsection by the inactive liabilities under subdivision (2) of this subsection;
(4) Compute tVhe actuarial accrued liability for all active Public Employees Retirement
System members as of July 1, 2007, actuarial valuation date approved by the board;
(5) Compute the funded percentage of the active members' actuarial accrued liabilities
under the Public Employees Retirement System as of July 1, 2007, by dividing the active
members' market value of assets under subdivision (3) of this subsection by the active
members' actuarial accrued liabilities under subdivision (4) of this subsection;
(6) Compute the actuarial accrued liabilities under the Public Employees Retirement System
as of July 1, 2007, for active emergency medical services officers transferring to the
Emergency Medical Services Retirement System;
(7) Determine the assets to be transferred from the Public Employees Retirement System to
the Emergency Medical Services Retirement System by multiplying the active members'
funded percentage determined under subdivision (5) of this subsection by the transferring
active members' actuarial accrued liabilities under the Public Employees Retirement System
under subdivision (6) of this subsection and adjusting the asset transfer amount by interest
at seven and five-tenths percent for the period from the calculation date of July 1, 2007,
through the first day of the month in which the asset transfer is to be completed.
(c) Once an emergency medical services officer has elected to transfer from the Public
Employees Retirement System, transfer of that amount as calculated in accordance with the
provisions of subsection (b) of this section, or subsection (e) if applicable, by the Public
Employees Retirement System shall operate as a complete bar to any furtheer liability to the
Public Employees Retirement System and constitutes an agreement whereby the
transferring emergency medical services officer forever indemnifies anrd holds harmless the
Public Employees Retirement System from providing him or her any form of retirement
benefit whatsoever until that emergency medical services 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 thet Emergency Medical Services
Retirement System.
(d) Eligible emergency medical services officers that transfer from plans other than the
Public Employees Retirement System shall have service recognized under this plan through
the purchase of the service through payment sby the member of sixty percent of the actuarial
accrued liabilities which would result if the service is credited under the Emergency Medical
Services Retirement System subject to the following:
(1) The service may be purchased in one-year increments of eligible service or for the total
period of eligible service; e
(2) Payment must begin within twelve months of the effective date of this article;
(3) Payment must be made in either a one-time lump sum payment received by the board no
later than December 31, 2008, or in regular installment payments payable over sixty months
with the initial installment received by the board on or before December 31, 2008;
(4) The rate of interest applicable to regular installment payments for the purchase of
service shall be the actuarial interest rate assumption as approved by the board for
completing the actuarial valuation for the plan year immediately preceding the first day of
the plan year in which the service purchase is made, compounded per annum;
(5) Once payments commence, selection of the period of service being purchased may not be
amended; and
(6) Service will be credited only upon receipt by the board of all payments due.
(e) Notwithstanding any provision of this code to the contrary, any Emergency Medical
Services director who: (1) Is an active member of the Public Employees Retirement System;
and (2)has, or obtains within one year of the effective date of the amendments to this section
enacted during the 2012 regular session of the Legislature, basic or higher emergency
management technician certification, is eligible to transfer service credit from the Public
Employees Retirement System to the Emergency Medical Services Retirement System, upon
payment of associated costs by the transferring director. The board shall compute the
actuarially appropriate amount of any increased benefit cost of transfer to be borne by the
transferring director to be paid according to terms established by the board. Any Emergency
Medical Services director who transfers to the Emergency Medical Services Retirement
System pursuant to the provisions of this subsection shall apply for the transfer to the board
within one year of the effective date of the amendments to this section enaceted during the
2012 regular session of the Legislature. Upon receipt of the total payment of all associated
costs by the transferring director, the board shall compute the amount rof assets to be
transferred from the Public Employees Retirement System to the Emergency Medical
Retirement System and shall transfer the assets within six months of the receipt of the
application. Any director transferring into the retirement system as provided in this
subsection is prohibited from retiring within three years of ttransfer.

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