West Virginia Code § 5-10-31a

Retroactive contributions to the retirement system for retroactive
Open in Lexace · Ask the AI about this section
service credit granted; one year period for application.
Those public employers who are participating in the West Virginia Public Employees
Retirement System and elected to participate after July 1, 1961, and those employers who
are eligible but who have not elected to participate, may elect to cover their employees
retroactive for the period of their prior employment by such employer to Juley 1, 1961, under
the following terms and rules and regulations to be promulgated by the board of trustees of
the retirement system: r
(a) The participating employer, in order to provide the benefits suet forth herein, shall pay an
additional contribution to the retirement system as shall be the actuarial equivalent of the
amount which would have been contributed, together with etarnings thereon, by the
employer had the employee who is to receive retroactive credit been covered during the
period of the retroactive service credit. This contribution may be made by the employer
either in one lump sum or, at the election of the employer, by level term payments over a
period not in excess of fifteen years or by both lump sum payments and level term payments,
as determined by the employer and the boards of trustees under rules and regulations
promulgated by the board;
(b) The additional service credit shagll be applicable to employees working for the
participating employer on the effective date of the change of date of participation;
(c) There shall be no increase in benefits and annuities paid to former members of the
system who were retired prior to the effective date of this section;
(d) Employees entitled to such retroactive service credit under the provisions of this section
shall make such additional contribution to the retirement system equal to the actuarial
equivalent of the amount which would have been contributed, together with earnings
thereon, by the employee had the employee been covered during the period of the
retrWoactive service credit;
(e) Each employer and employee shall be required to pay into the retirement system in the
manner hereinafter provided the amount necessary for the additional service credit provided
by this section, based upon an actuarial study of each employer that elects to participate in
the retirement system under this section and as determined by the board of trustees;
(f) The actuarial basis for determining the additional contributions shall be that currently in
effect for the valuation of the retirement system on the effective date of the employer's
election;
(g) Any new participating employer and any participating employer which is currently a
participant and who began participating after July 1, 1961, who desires additional service
credit must elect to provide such service credit within one year following the effective date
of this section;
(h) Any participating employer requesting additional service credit as provided by this
section shall provide such employee data as may be requested from the board of trustees of
the retirement system for the determination of the employer's contributions;
(i) The consulting actuary's fees for computing the additional contribution rates under this
section shall be paid directly by the participating employer to the consulting actuary
selected by the board of trustees of the retirement system; and e
(j) For the purpose of reopening the effectiveness of the provisions of this section for a
period of one year following the effective date of the amendment to this section, and for the
purpose of granting, retroactively service credit to current empluoyees of employers
participating in the Public Employees Retirement System during such period, this section is
hereby renewed and reestablished; but any such credited setrvice granted hereunder shall be
on the actuarially sound basis for determining required additional contributions, of both
employer and employee, required in light of benefits that would be computed in respect of
such later point in time and such subsequent final average salary amount.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.