WEST VIRGINIA CODE











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WVC 5-10-22b

§5-10-22b. Supplemental benefits for certain annuitants.

Any annuitant who is receiving a retirement annuity of less

than seven thousand five hundred dollars annually shall receive,

upon application, a supplemental benefit, prospectively, under this

section from the public employees retirement fund: Provided, That

the effective date of retirement for such annuitant was prior to

the first day of July, one thousand nine hundred seventy-nine, and

he had ten years or more of credited service at the time of such

retirement. For the purposes of this section, "effective date of

retirement" means the last day of actual employment, or the last

day carried on the payroll of the employer, whichever is later,

together with a meeting fully of all eligibility requirements for

retirement prior to the aforesaid effective date. Any annuitant

retired pursuant to the disability provisions of this article shall

be considered to have had ten years or more credited service at the

time of such retirement.

Each such annuitant shall receive as his supplemental benefit

an increased annual amount which is the product of the sum of

eighteen dollars multiplied by his years of credited service:

Provided, That the total annuity of any annuitant affected by the

provisions of this section, together with any of the other

provisions of this article, shall not exceed seven thousand five

hundred dollars annually.

Any annuitant receiving the supplemental benefit provided for

herein for the annuity payment period just prior to the first day of July, one thousand nine hundred eighty-five, or any annuitant

made newly eligible for receipt of such supplemental benefit on

such date, shall receive a nineteen percent increase in the amount

of such supplemental benefit prior received or newly calculated,

effective on and after the first day of July, one thousand nine

hundred eighty-five, and irrespective of the maximum total annuity

proviso and limitation of seven thousand five hundred dollars

annually. In any fiscal year in which pay increases are granted by

the Legislature to active public employees, there may also be given

an increase in retirement benefits for retired public employees, if

funding is available for this purpose.

For the purpose of calculating the supplemental benefit

provided in this section, fractional parts of a service credit year

are to be disregarded unless in excess of one half of a credited

service year, in which event the same shall constitute a full year

of service credit.

For the purpose of computation for determination of

eligibility and for the amount of any supplemental benefit

hereunder, separate computation shall be made of a retirant's own

benefit and that which may be receivable as beneficiary of another,

under the provisions of this article, with each such benefit being

eligible for the supplemental benefit herein provided.





Note: WV Code updated with legislation passed through the 2015 Regular Session

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