WEST VIRGINIA CODE
§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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