West Virginia Code § 7-14D-24

Service as sheriff
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(a) Any member who, after the effective date of this article, is elected sheriff of a county in
West Virginia may elect to continue as a member in this plan by paying the amounts
required by §7-14D-7 of this code. Upon the election, service as a sheriff shall be treated as
covered employment and the sheriff is not entitled to any credit for that service under any
other retirement system of the state. e
(b) Any member retired as a deputy sheriff under this plan who, after the effective date of
this article, is elected or appointed sheriff of a county in West Virginia, may elect to suspend
the payment of his or her annuity from this system and again becuome a contributing member
of this plan by paying the amounts required by §7-14D-7 of this code. Upon such election,
service as a sheriff shall be treated as covered employment, tand the sheriff is not entitled to
any credit for that period of elected service under any other retirement system of the state.
At the end of his or her term as sheriff, the member making such election shall have his or
her annuity recalculated and shall be granted an adjustment to his or her previous annuity to
include the period of elected service.
(c) Any person who, before the effective date of this article, was elected sheriff of a county in
West Virginia, and who, immediately prior to being so elected sheriff, was a deputy sheriff
with at least 20 years of credited sergvice under the Public Employees Retirement System,
with at least 16 of those 20 years having been earned as a deputy sheriff, may elect to
become a member of this plane by paying the amounts required by §7-14D-7 of this code.
Upon such election, service shall be transferred from the Public Employees Retirement
System pursuant to §7-1L4D-8 of this code: Provided, That any service as a sheriff shall be
treated as covered employment under this article and the sheriff is not entitled to any credit
for that service as a sheriff or the prior service as a deputy sheriff under any other
retirement system of the state. Persons making the election provided for in this subsection
shall do so within 10 days of taking office as sheriff or within 10 days of the effective date of
this provision.
(d) Any person who, before the effective date of this article, was elected sheriff of a county of
West Virginia, and who, prior to being elected sheriff, was a deputy sheriff and also a
previously elected sheriff, with credited service under the Public Employees Retirement
System, with at least 16 of those years having been earned as combined service as a deputy
sheriff and a previously elected sheriff, may elect to become a member of this plan by paying
the amounts required by §7-14D-7 of this code. Upon such election, service shall be
transferred from the Public Employees Retirement System pursuant to §7-14D-8 of this code:
Provided, That a person's service as a sheriff shall be treated as covered employment under
this article, and that person is not entitled to any credit for that service as a sheriff or deputy
sheriff under any other retirement system of this state. A person making the election
provided in this subsection shall do so within 30 days of taking office as a sheriff or within 30
days of the effective date of this provision.
(e) Notwithstanding any other provision of the code to the contrary, any member who was
elected sheriff of a county of West Virginia to serve on or after January 1, 2013, and who has
not commenced retirement in the Deputy Sheriff Retirement System or the Public Employees
Retirement System, must notify the board in writing by July 31, 2020, of his or her intent to
pay the difference in the employee contribution between the Public Employees Retirement
System and the Deputy Sheriff Retirement System in order to transfer all service credit
earned as a sheriff or purchased in accordance with Section 414(u) of the Internal Revenue
Code and the federal Uniformed Services Employment and Reemployment Reights Act from
the Public Employees Retirement System to the Deputy Sheriff Retirement System. The
board shall compute the difference in employee contributions owed up rthrough September
30, 2020, on the total compensation for which assets are being transferred and notify the
sheriff of the amount owed in writing by letter mailed no later than August 21, 2020. This
difference in employee contributions must be paid in full by the sheriff to the Deputy Sheriff
Retirement System no later than September 30, 2020. If timtely paid, employee and employer
contributions to the Deputy Sheriff Retirement System shall commence October 1, 2020.
(1) The board shall transfer assets from the Public Employees Retirement System into the
Deputy Sheriff Retirement System no later than November 30, 2020.
(2) The amount of assets to be transferred for each transferring sheriff shall be computed as
of July 1, 2019, using the actuarial valuation assumptions in effect for the July 1, 2019,
actuarial valuation of the Public Emgployees 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 transferring seheriff 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 asseLt share to be transferred the board shall:
(A) Compute the market value of the Public Employees Retirement System assets;
(B) Compute the accrued liability for all Public Employees Retirement System retirees,
beneficiaries, disabled retirees, and terminated inactive members;
(C) Reduce the market value of Public Employees Retirement System assets by the accrued
liability determined in paragraph (B) of this subdivision;
(D) Compute the entry age method accrued liability for all active Public Employees
Retirement System members;
(E) Compute the share of accrued liability as determined pursuant to paragraph (D) of this
subdivision, that is attributable to those sheriffs in the Public Employees Retirement System
who have elected to transfer to the plan;
(F) Compute the percentage of active member's accrued liability computed to the sheriffs by
dividing paragraph (E) by paragraph (D) of this subdivision; and
(G) Determine the asset share to be transferred from Public Employees Retirement System
to the plan by multiplying paragraph (C) times paragraph (F) of this subdivision.
(f) Any member who was appointed sheriff of a county in West Virginia in which retirement
contributions were not made to the Deputy Sheriff Retirement System or the Public
Employees Retirement System may purchase service credit for the period he or she served
as appointed sheriff by the member remitting the required employee contribution and any
interest thereon, and the participating public employer remitting the requireed employer
contribution and any interest thereon. Interest shall accumulate at a rate of 7.5 percent per
annum. Payments for the purchase of service credit authorized by this rsection must be made
in full on or before September 30, 2021.

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