Bill Text: WV SB459 | 2021 | Regular Session | Introduced
Bill Title: Relating to return of member's paid contributions to heirs after member's death under certain circumstances
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Passed) 2021-05-24 - Chapter 69, Acts, Regular Session, 2021 [SB459 Detail]
Download: West_Virginia-2021-SB459-Introduced.html
WEST virginia legislature
2021 regular session
Originating
Senate Bill 459
By Senators Nelson, Azinger, Clements, Karnes, Lindsay, Plymale, and Trump
[Originating in the Committee on Pensions; reported on February 25, 2021]
A BILL to amend and reenact §8-22-26 of the Code of West Virginia, 1931, as amended, relating to providing a mechanism by which contributions paid by a member into a retirement plan would be returned to the member’s heirs after the member’s death in the event that the member’s survivors are deceased and his or her remaining heirs no longer receive death benefits under the retirement plan after reaching the age of 18.
Be it enacted by the Legislature of West Virginia:
ARTICLE 22. RETIREMENT BENEFITS GENERALLY; POLICEMEN'S PENSION AND RELIEF FUND; FIREMEN'S PENSION AND RELIEF FUND; PENSION PLANS FOR EMPLOYEES OF WATERWORKS SYSTEM, SEWERAGE SYSTEM OR COMBINED WATERWORKS AND SEWERAGE SYSTEM.
§8-22-26. Death benefits.
(a) In case:
(1) Any member of a paid police or fire department who has
been in continuous service for more than five years dies from any cause other
than as specified in subsection (b) of this section before retirement on a
disability pension under the provisions of, pursuant to §8-22-24 of
this code if prior to July 1, 1981, section 24 of this article, or pursuant
to §8-22-23a and §8-22-24 of this code if after June 30, 1981, §8-22-23a
and §8-22-24 of this code, or a retirement pension under pursuant
to the provisions of §8-22-25(a) or §8-22-25(a) and §8-22-25(b) of
this code, leaving in either case a surviving spouse, or any dependent child or
children under the age of 18 years, or dependent father or mother, or both, or
any dependent brothers or sisters, or both, under the age of 18 years, or any
dependent child over the age of 18 years of age who is totally physically or
mentally disabled so long as such condition exists; or
(2) Any former member of any such department who is on a
disability pension pursuant to §8-22-24 of this code if prior to
July 1, 1981, under section 24 of this article , or pursuant to
§8-22-23a and §8-22-24 of this code if after June 30, 1981, under §8-22-23a
and §8-22-24 of this code, or is receiving or is entitled to receive
retirement pension benefits under pursuant to the provisions
of §8-22-25(a) or §8-22-25(a) and §8-22-25(b) of this code, dies from any
cause other than as specified in subsection (b) of this section leaving in
either case a surviving spouse or any dependent child or children under the age
of 18 years, or dependent father or mother, or both, or any dependent
brothers or sisters, or both, under the age of 18 years, or any dependent child
over the age of 18 years of age who is totally physically or mentally disabled
so long as such condition exists; then in any of the cases set forth in this
subdivision and subdivision (1) of this subsection, the board of trustees of
such pension and relief fund shall, immediately following the death of the
member, pay to or for each entitled surviving dependent the following pension
benefits: To the surviving spouse, until death or remarriage, a sum per month
equal to 60 percent of the member’s pension or, in the event the member was not
receiving a pension at the time of the member’s death, a sum per month equal to
60 percent of the monthly retirement pension such member would have been
entitled to receive pursuant to §8-22-25 of this code on the date of the
member’s death if the member had then been eligible for a retirement pension,
or the sum of $300 per month, whichever is greater; to each dependent child, a
sum per month equal to 20 percent of the member’s pension or, in the event the
member was not receiving a pension on the date of the member’s death, a sum per
month equal to 20 percent of the monthly retirement pension the member would
have been entitled to receive pursuant to §8-22-25 of this code on the date of
the member’s death if the member had then been eligible for a retirement
pension, or until the child attains the age of 18 years or marries, whichever
first occurs; to each dependent orphaned child, a sum per month equal to 25
percent of the member’s pension or, in the event the member was not receiving a
pension at the time of the member’s death, a sum per month equal to 25 percent
of the monthly retirement pension the member would have been entitled to
receive pursuant to §8-22-25 of this code on the date of the member’s death if
the member had then been eligible for a retirement pension, until the child
attains the age of 18 years or marries, whichever first occurs; to each
dependent orphaned child, a sum per month equal to 25 percent of the member’s
pension or, in the event the member was not receiving a pension on the date of
the member’s death, a sum per month equal to 25 percent of the monthly
retirement pension the member would have been entitled to receive pursuant to
§8-22-25 of this code on the date of the member’s death if the member had then
been eligible for a retirement pension, until the child attains the age of 18
years or marries, whichever first occurs; to each dependent father or mother, a
sum per month for each equal to 10 percent of the member’s pension or, in the
event the member was not receiving a pension on the date of the member’s death,
a sum per month equal to 10 percent of the monthly retirement pension the
member would have been entitled to receive pursuant to §8-22-25 of this code on
the date of the member’s death if the member had then been eligible for a
retirement pension; to each dependent brother or sister, the sum of $50 per
month until he or she attains the age of 18 years or marries, whichever first
occurs, but in no event shall the aggregate amount paid to all brothers and sisters
of the member exceed $100 per month. If at any time, because of the number of
dependents, all dependents cannot be paid in full as herein provided, then each
dependent shall receive his or her pro rata share of the payments. In no case
shall the payments to the surviving spouse and children be cut below 65 percent
of the total amount paid to all dependents.
(b) The surviving spouse, child or children, or dependent father or mother, or dependent brothers or sisters, of any member who dies by reason of service rendered in the performance of the member’s duties shall, regardless of the length of the member’s service and irrespective of whether the member was or was not entitled to receive, or was or was not receiving, disability pension or temporary disability payments at the time of the member’s death, receive the death benefits provided for in subsection (a) of this section. If the member had less than three years’ service at the time of the member’s death, the member’s pension shall be computed on the basis of the actual number of years of service.
(c) If a member dies without leaving a spouse, dependent child or children, or dependent father or mother, or dependent brothers or sisters, the member’s contributions to the fund plus six percent interest shall be refunded to the member’s named beneficiary or, if no beneficiary has been named, to the member’s estate to the extent that the contributions plus interest exceed any disability or retirement benefits that the member may have received before the member’s death.
(d) The provisions of this This section shall
not be construed as creating or establishing any contractual or vested rights
in favor of any individual who may be or become qualified as a beneficiary of
the death benefits authorized to be made pursuant to this section. All the
provisions of this This section and benefits provided pursuant to
this section are expressly subject to subsequent legislative enactments as may
provide for any change, modification, or elimination of the
beneficiaries or benefits specified herein.
(e) Notwithstanding the provisions of §8-22-24 of this code, the benefit provided for in this section shall be calculated as if the member had remained unemployed throughout any period of disability.
(f) For the purpose of distributing premium tax proceeds as required by §33-3-14d of this code, one beneficiary of the death benefit authorized by this section shall be included in the average monthly number of retired police officers and firefighters.
(g) If there are no survivors entitled to receive benefits pursuant to the provisions of this section because of death, age, or marital status, to the extent the member’s contributions to the fund plus six percent interest exceed any survivor benefits already paid, any excess shall be refunded to the member’s named beneficiary. If there is no named beneficiary, any excess shall be paid to the member’s heirs to be distributed in accordance with §42-1-1 et seq. of this code relating to intestate succession.
