SB 712: Relating to retirement provisions of systems managed by CPRB - West Virginia

sb712 sfa oliverio _2 3-12 adopted.htm → sb712 sfat oliverio _1 3-12 adopted.htm · 3 edits

MINOR

The bill title was updated to reflect a comprehensive revision that includes new definitions, expanded military duty coverage, and clarifications to retirement systems. The amendment language was replaced with a single consolidated description of all changes, making the bill's scope clearer. This change streamlines the legislative record and provides a complete overview of the bill's provisions.

Scope change

The bill's scope was clarified through a new consolidated title that lists all affected statutes and summarizes the substantive changes, including new retirement provisions and Space Force inclusion.

TECHNICAL

The amendment language was consolidated from multiple individual amendment instructions into a single comprehensive title that lists all affected code sections and summarizes the bill's purpose.

Multiple individual amendment instructions specifying exact page numbers, sections, and line numbers for changes were removed and replaced with a consolidated description.

SCOPE

The new title explicitly lists all statutes being amended and adds a summary of substantive changes including new retirement provisions, Space Force inclusion, and technical clean-up.

sb712 hfa criss 3-7 _1 adopted.htm → sb712 sfa oliverio _2 3-12 adopted.htm · 5 edits

MODERATE

The bill amendments shifted focus from a committee-level amendment by Delegate Criss to a broader Senate amendment by Senator Oliverio. The original amendment targeted specific retirement age definitions in one section, while the new amendment addresses multiple sections across the bill, primarily removing options related to alternative retirement age calculations and updating references to include the Space Force in military service definitions. A significant addition recognizes the authority of retired judges for temporary assignments and clarifies limitations on extended assignments to protect retirement system qualifications.

Scope change

The bill's scope expanded from a narrow amendment focused on retirement age definitions to multiple sections addressing military service definitions, judicial assignment authority, and retirement age calculation options.

ELIGIBILITY

Removed alternative retirement age calculation options (A) or (B) from multiple sections throughout the bill.

DEFINITION

Added Space Force to military service definitions on pages 35 and 51.

Modified retirement age definition to reference applicable age from §51-9-1a instead of specific age thresholds.

REQUIREMENT

Added new subsection recognizing authority for retired judges to serve temporarily in various circumstances while protecting retirement system qualifications.

Removed phrase 'but temporary' from protracted illness definition to clarify assignment duration requirements.

sb712 h fin am _1 adopted.htm → sb712 hfa criss 3-7 _1 adopted.htm · 4 edits

MODERATE

The bill was amended to replace specific age thresholds with references to external code sections that define required beginning dates. A second amendment further refined the language for one specific section to clarify how the age threshold applies.

Scope change

The bill's scope now references external code sections rather than hard-coding specific ages, making it adaptable to future changes in those referenced sections.

ELIGIBILITY

Replaced specific age thresholds (70.5 or 72 depending on birth date) with references to external code sections that define required beginning dates.

Added reference to eligible retired public safety officers in one section.

Clarified language for one specific section to strike the remainder of a paragraph and insert a reference to the applicable age definition.

TECHNICAL

Added a new code section reference (§8-22A-33a) to two sections.

Enrolled Version → sb712 h fin am _1 adopted.htm · 7 edits

MODERATE

The bill was amended to update references to specific retirement age thresholds across multiple West Virginia retirement systems. The changes replace fixed age numbers with references to the federal 'required beginning date' definition, ensuring consistency with federal law. Additionally, new sections were added to include the Emergency Medical Services Retirement System in certain contribution provisions and to clarify definitions for various retirement systems.

Scope change

The bill's scope was expanded to include the Emergency Medical Services Retirement System in pick-up provisions for members' contributions, and the applicability of age thresholds was standardized across multiple retirement systems by referencing federal law definitions.

DEFINITION

Updated the definition of 'required beginning date' to align with federal law requirements instead of using specific age thresholds.

Amended the definition of 'active military duty' to explicitly include the United States Space Force in certain retirement systems.

Added new definitions for 'bona fide separation from service upon retirement', 'participating public employer', and 'retirant'.

SCOPE

Added the Emergency Medical Services Retirement System to provisions allowing participating public employers to pick up members' contributions.

REQUIREMENT

Clarified notification requirements for retirants who return to work with a participating public employer.

Clarified recall provisions for retired members of the Judges' Retirement System.

FISCAL

Amended provisions to allow retired public safety officers to pay for qualified health insurance premiums from eligible retirement plans.

Engrossed Version → Enrolled Version · 6 edits · Apr 24, 2025

MODERATE

This bill enrolls the final version of SB 712, which amends multiple West Virginia retirement systems to align with federal law requirements for required beginning dates and minimum distributions. The changes primarily update definitions of 'active military duty' to include the Space Force, clarify notification procedures for retirees returning to work, and add the Emergency Medical Services Retirement System to employer contribution pick-up provisions. These updates ensure compliance with federal retirement regulations while maintaining state-specific retirement benefits.

Scope change

The bill applies to multiple retirement systems including Public Employees, Deputy Sheriffs, Municipal Police/Firefighters, State Police, Emergency Medical Services, Teachers, Teachers' Defined Contribution, Natural Resources Police, and Judges' Retirement Systems.

DEFINITION

Updated 'active military duty' definition to explicitly include the United States Space Force in certain retirement systems.

Updated 'required beginning date' definitions to align with current federal law for retirement distribution timing.

REQUIREMENT

Added requirement for employers to notify retirees in writing before reemployment if it negatively impacts retired status or benefits.

ELIGIBILITY

Clarified that retirees must have a bona fide separation from service (60 consecutive days) to be eligible for annuity upon returning to work.

FISCAL

Added Emergency Medical Services Retirement System to the list of systems where employers must pick up and pay employee contributions.

TECHNICAL

Converted bill from Engrossed Version to Enrolled Version format with final legislative certification and signatures.

Introduced Version → Engrossed Version · 6 edits · Apr 12, 2025

MODERATE

This bill updates West Virginia retirement laws to align with new federal rules requiring retirement distributions to start by age 72-75, depending on birth year. It also clarifies when retired public employees can return to work without losing their pension benefits, and adds the Emergency Medical Services Retirement System to employer contribution pickup provisions.

Scope change

The bill applies to all West Virginia public employee retirement systems including PEERS, Deputy Sheriffs, Municipal Police/Firefighters, State Police, EMS, Teachers, Teachers' DC, Natural Resources Police, and Judges' Retirement Systems.

REQUIREMENT

Updated 'required beginning date' for retirement distributions from age 70.5 to age 72 for those born after June 30, 1949, and age 75 for those born after December 31, 2032, to comply with federal law changes.

Added notification requirements for employers before reemploying retired public employees to ensure bona fide separation from service has occurred.

ELIGIBILITY

Added Emergency Medical Services Retirement System to the list of systems where employers must pick up and pay employee retirement contributions.

DEFINITION

Added new definition of 'bona fide separation from service upon retirement' requiring 60 consecutive days without a prearranged agreement to return to work, applicable across all retirement systems.

TIMELINE

Extended temporary reemployment provisions for Deputy Sheriffs to sunset on July 1, 2026, and for Child/Adult Protective Services workers to expire July 1, 2025.

TECHNICAL

Added new sections for federal minimum required distributions across all retirement systems to ensure compliance with Internal Revenue Code Section 401(a)(9).

Relating to retirement provisions of systems managed by CPRB

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