WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
Committee Substitute for Senate Bill 742
By Senators Weld, Caputo, Stover, Martin, Queen,
Deeds, Jeffries, Hunt, and Nelson [Originating in the Committee on Pensions; reported February 22, 2024]
 CS for SB 742
1 A BILL to amend and reenact §5-10-20 of the Code of West Virginia, 1931, as amended,
2 authorizing elected sheriffs who become members of the public retirement system by
3 virtue of being elected sheriff of a county to retire upon attaining the age of 62 with eight or
4 more years of service.
Be it enacted by the Legislature of West Virginia:
ARTICLE 10. WEST VIRGINIA PUBLIC EMPLOYEES RETIREMENT ACT.
§5-10-20. Voluntary Retirement.
1 (a) Except as provided in subsection (b) §5-10-20(b) and (c) of this section code, any
2 member who has attained or attains age sixty 60 years and has five or more years of credited
3 service in force, at least one year of which he or she was a contributing member of the retirement
4 system, may retire upon his or her written application filed with the board of trustees setting forth at
5 what time, not less than thirty 30 days nor more than 90 ninety days subsequent to the execution
6 and filing thereof the member desires to be retired: Provided, That on and after June 1, 1986, any
7 person who becomes a new member of this retirement system shall, in qualifying for retirement
8 hereunder, have five or more years of service, all of which years shall be actual, contributory ones.
9 Upon retirement, the member shall receive an annuity provided for in section twenty-two of this
10 article §5-10-22 of this code.
11 (b) Any person who first becomes a member of the retirement system on or after July 1,
12 2015, may retire upon written application as provided in subsection (a) §5-10-20(a) of this section
13 code upon attaining the age of sixty-two 62 with ten 10 or more years of service, all of which must
14 be actual, contributing years.
15 (c) A person who is elected as sheriff of a county, and who is not participating in another
16 retirement system administered by the retirement board, may retire upon written application as
17 provided in §5-10-20(a) of this code upon attaining the age of 62 with eight or more years of
18 contributing service as an elected sheriff of a county, all of which must be actual, contributing
19 years.
1 1


Statutes affected:
Introduced Version: 5-10-20
Committee Substitute: 5-10-20