West Virginia Code § 5-10-22h

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 the system
as calculated in the annual actuarial valuation for the plan during any fiscal year, the
additional unfunded actuarial accrued liability of that pension system shall be fully
amortized over no more than the six consecutsive fiscal years following the date the increase
in benefits or new benefits become effective as certified by the Consolidated Public
Retirement Board. The Consolidated Public Retirement Board shall include the six year
amortization in the determination ofg the adequacy of the employer contribution percentage
for the system.
(c) The state will not increase any existing benefits or create any new benefits for active
members due to retiremLent, death or disability of the system unless the actuarial accrued
liability of the plan is at least eighty-five percent funded as of the last day of the prior fiscal
year as determined in the actuarial valuation for the plan completed for the Consolidated
Public Retirement Board as of the first day of the following fiscal year as of the date the
improvement is adopted by the Legislature. Any additional unfunded actuarial accrued
liability due to any improvement in active members benefits shall be fully amortized over not
morWe than ten years following the date the increase in benefits or new benefits become
effective as certified by the Consolidated Public Retirement Board. The Consolidated Public
Retirement Board shall include the ten year amortization in the determination of the
adequacy of the employer contribution percentage for the system.

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