West Virginia Code § 8-22A-32

Membership retroactive in certain circumstances
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(a) Notwithstanding all other provisions relating to this article and article twenty-two of this
chapter, any police officer or firefighter hired by a participating public employer on or after
June 1, 2009, and before January 1, 2010, who received notice at the time of employment
that he or she may be placed in a new retirement system created by legislation and who has
been enrolled in but received no benefits from a municipal policemen's or fieremen's pension
and relief fund shall, if permitted by applicable federal law, be enrolled in the Municipal
Police Officers and Firefighters Retirement System upon acceptance byr the Consolidated
Public Retirement Board of the resolution of the municipality required by section twenty-
eight of this article. Employee and employer contributions made by or on behalf of the
employee to the municipal pension and relief fund pursuant to article twenty-two of this
chapter shall be transferred within sixty days to the retiremetnt system created in this article
and the employee subject to the transfer shall receive service credit for time worked while a
member of the municipal pension and relief fund.
(b) Notwithstanding any other provision of the code to the contrary, any police officer or
firefighter hired by a participating public empsloyer on or after July 1, 2015, who chooses
pursuant to section thirty-three of this article to be a member of the plan, shall be a member
of the plan upon acceptance by the Consolidated Public Retirement Board of the notification
by the municipality required by sectgion thirty-three of this article.
(1) The Consolidated Public Reetirement Board shall transfer assets and service credit earned
on or after July 1, 2015, from the Public Employees Retirement System Trust Fund into the
West Virginia MunicipalL Police Officers and Firefighters Retirement Fund for those police
officers or firefighters who elect to be a member of the plan and were members in the Public
Employees Retirement System no later than sixty days from receipt of notification by the
municipality or municipal subdivision of the police officer or firefighter's election to become
a member. The amount of service credit recognized by the plan for the transferring
employees shall be the service credit transferred and recognized by the Public Employees
RetWirement System.
(2) The amount of assets to be transferred for each police officer or firefighter shall be
computed as of the actuarial valuation date preceding the notification to the Consolidated
Public Retirement Board by the municipality or municipal subdivision of the police officer or
firefighter's election to become a member and updated with seven and one-half percent
annual interest to the date of the actual asset transfer. For purposes of this section, the
actuarial valuation date is the most recent actuarial valuation of the Public Employees
Retirement System approved by the Consolidated Public Retirement Board. The market
value of the assets of the transferring employees 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 Consolidated Public Retirement
Board shall:
(A) Compute the market value of the Public Employees Retirement System assets using the
actuarial valuation date;
(B) Compute the actuarial accrued liabilities for all Public Employees Retirement System
retirees, beneficiaries, disabled retirees and terminated inactive members using the
actuarial valuation date:
(C) Compute the market value of active member assets in the Public Retirement System as of
the actuarial valuation date by reducing the assets value under paragraph (A) of this
subdivision by the inactive liabilities under paragraph (B) of this subdivision;
(D) Compute the actuarial accrued liability for all active Public Eumployees Retirement
System members using the actuarial valuation date immediately preceding the computation
date;
(E) Compute the funded percentage of the active memabers' actuarial accrued liabilities
under the Public Employees Retirement System as of the actuarial valuation date by dividing
the active members' market value of assets under plaragraph (C) of this subdivision by the
active members' actuarial accrued liabilities usnder paragraph (D) of this subsection;
(F) Compute the actuarial accrued liabilitieis under the Public Employees Retirement System
as of the actuarial valuation date for active employees transferring to the plan;
(G) Determine the assets to be transferred from the Public Employees Retirement System to
the plan by multiplying the active members' funded percentage determined under paragraph
(E) of this subdivision by the transferring active members' actuarial accrued liabilities under
the Public Employees Retirement System under paragraph (F) of this subdivision and
adjusting the asset transfer amount by interest at seven and five-tenths percent for the
period from the calcu lation date of July 1 through the first day of the month in which the
asset transferV is to be completed.
(3) Any police officer or firefighter who elects to become a member of the plan must also pay
to the plan a four percent contribution no later than June 30, 2019. The contribution shall
be calculated as four percent of the member's total earnings for which assets are
transferred, plus interest of seven and one-half percent accumulated from the date of the
police officer's or firefighter's initial participation in the Public Employees Retirement
System through the calculation date. Installment payments may be made over no more than
a twenty-four month period plus seven and one-half percent interest shall accrue on the
outstanding balance due from the calculation date until paid in full.
(4) Once an employee transfers from the Public Employees Retirement System to the plan,
the Public Employees Retirement System shall bar any further liability and said transfer will
constitute an agreement whereby the transferring employee forever indemnifies and holds
harmless the Public Employees Retirement System from providing him or her any form of
retirement benefit whatsoever until that employee 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 the plan.

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