Bill Text: WV HB3047 | 2019 | Regular Session | Introduced
Bill Title: Providing that moneys in the West Virginia Emergency Medical Services Retirement Fund are exempt from taxation, garnishment and other process
Spectrum: Slight Partisan Bill (Republican 8-3)
Status: (Introduced - Dead) 2019-02-12 - To House Judiciary [HB3047 Detail]
Download: West_Virginia-2019-HB3047-Introduced.html
WEST virginia legislature
2019 regular session
Introduced
House Bill 3047
By Delegates Maynard, Hollen, Pack, Angelucci, Linville, Lovejoy, Miller, Paynter, J. Jeffries, Jennings and Queen
[Introduced February 12,
2019; Referred
to the Committee on the Judiciary then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5V-36, relating to providing that moneys in the West Virginia Emergency Medical Services Retirement Fund are exempt from any state or municipal tax, are not subject to execution, garnishment, attachment or any other process whatsoever with the exception that the benefits or contributions under the system shall be subject to “qualified domestic relations orders,” and are generally unassignable.
Be it enacted by the Legislature of West Virginia:
ARTICLE 5V. EMERGENCY MEDICAL SERVICES RETIREMENT SYSTEM ACT.
§16-5V-36. Exemption from taxation, garnishment and other process; exception for certain qualified domestic relations orders.
The moneys in the fund and the right of a member, spouse or other beneficiary to benefits under this article, to the return of contributions, or to any retirement, death or disability payments under the provisions of this article, are exempt from any state or municipal tax, are not subject to execution, garnishment, attachment or any other process whatsoever with the exception that the benefits or contributions under the system shall be subject to “qualified domestic relations orders” as that term is defined in Section 414(p) of the Internal Revenue Code with respect to governmental plans, and are unassignable except as is provided in this article.
NOTE: The purpose of this bill is to provide that moneys in the West Virginia Emergency Medical Services Retirement Fund are exempt from any state or municipal tax, are not subject to execution, garnishment, attachment or any other process whatsoever with the exception that the benefits or contributions under the system shall be subject to “qualified domestic relations orders,” and are generally unassignable. The bill puts EMS members on equal retirement fund footing as firefighters, deputy sheriffs and other first responders personnel.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
