West Virginia Code § 18-7A-28e

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 retirement
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 tehe preceding
fiscal year as determined in the annual actuarial valuation for each plan completed for the
Consolidated Public Retirement Board as of the first day of the followinrg fiscal year.
(b) If any increase of existing benefits or creation of new benefitus for any retirees or
beneficiaries currently receiving monthly benefit payments under the retirement system,
other than an increase in benefits or new benefits effected bty 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 each plan during any fiscal year, additional unfunded actuarial
accrued liability of that pension system shall be fully amortized over no more than the six
consecutive fiscal years following the date thes 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 accrued liability, the Governor shall submit the
amount of the amortization paymentg each year for the retirement system as part of the
annual budget submission or in an executive message to the Legislature.
(c) Notwithstanding the provisions of subsections (a) and (b) of this section, the computation
of annuities or benefits Lfor active members due to retirement, death or disability as provided
for in the retirement 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, 2034: Provided, That if bonds are
issued pursuant to article eight, chapter twelve of this code, the provisions of this section
shaWll not terminate while any of the bonds are outstanding.

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