West Virginia SB 614: Including family court judges in Judges' Retirement System

Status: To Finance (as of 2021-03-17)

State: West Virginia · Session: 2021 · Bill: SB 614

Subjects: Courts, Retirement

Sponsors: Lindsay, Caputo, Grady, Hamilton, Romano, Trump, Unger

Bill Text

SB 614 Text

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Introduced Version

« Senate Bill 614 History

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 Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2021 regular session

Introduced

Senate Bill 614

By Senators Lindsay, Caputo, 
Hamilton, and Trump

[Introduced March 10, 2021; 
referred

to the Committee on the Judiciary; and then to the Committee on Finance]

A BILL to amend and 
reenact §51-9-1a of the Code of West Virginia, 1931, as amended, relating to 
including family court judges in the Judges’ Retirement System.

Be it enacted by the 
Legislature of West Virginia:

ARTICLE 9. RETIREMENT 
SYSTEM FOR JUDGES OF COURTS OF RECORD. 

§51-9-1a. Definitions.

(a) As used in this 
article, the term “judge”, “judge of any court of record” or “judge of any 
court of record of this state” means, refers to and includes judges of the several 
family courts, circuit courts and justices of the Supreme Court of 
Appeals. For purposes of this article, the terms do not mean, refer to or 
include family court judges

(b) “Actuarially 
equivalent” or “of equal actuarial value” means a benefit of equal value 
computed upon the basis of the mortality table and interest rates as set and 
adopted by the retirement board in accordance with the provisions of this 
article: Provided, That when used in the context of compliance with the 
federal maximum benefit requirements of Section 415 of the Internal Revenue 
Code, “actuarially equivalent” shall be computed using the mortality tables and 
interest rates required to comply with those requirements. 

(c) “Beneficiary” means any 
person, except a member, who is entitled to an annuity or other benefit payable 
by the retirement system. 

(d) “Board” means the 
Consolidated Public Retirement Board created pursuant to §5-10D-1 et seq. 
of this code. 

(e) “Final average salary” 
means the average of the highest 36 consecutive months’ compensation received 
by the member as a judge of any court of record of this state. 

(f) “Internal Revenue Code” 
means the Internal Revenue Code of 1986, as it has been amended.

(g) “Member” means a judge 
participating in this system.

(h) “Plan year” means the 
20-month period commencing on July 1 of any designated year and ending the 
following June 30. 

(i) “Required beginning 
date” means April 1 of the calendar year following the later of: (i) The 
calendar year in which the member attains age 70 and 1/2 years; or (ii) the 
calendar year in which the member retires or otherwise separates from covered 
employment. 

(j) “Retirement system” or 
“system” means the Judges’ Retirement System created and established by this 
article. Notwithstanding any other provision of law to the contrary, the 
provisions of this article are applicable only to family court judges, 
circuit judges and justices of the Supreme Court of Appeals in the manner 
specified in this article. No service as a family court judge may be construed 
to qualify a person to participate in the Judges’ Retirement System or used in 
any manner as credit toward eligibility for retirement benefits under the 
Judges’ Retirement System

NOTE: The purpose of this bill is 
to include family court judges in the Judges’ Retirement System.

Strike-throughs indicate language 
that would be stricken from a heading or the present law and underscoring 
indicates new language that would be added.

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