WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
Introduced Senate Bill 729
By Senator Deeds [Introduced February 9, 2024; referred to the Committee on Pensions; and then to the Committee on Finance]
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1 A BILL to amend and reenact §5-10-20 of the Code of West Virginia, 1931, as amended,
2 authorizing sheriffs who are members of the public retirement system to retire upon
3 attaining the age of 62 with eight or 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 years and has five or more years of credited service
3 in force, at least one year of which he or she was a contributing member of the retirement system,
4 may retire upon his or her written application filed with the board of trustees setting forth at what
5 time, not less than thirty days nor more than ninety days subsequent to the execution and filing
6 thereof the member desires to be retired: Provided, That on and after June 1, 1986, any person
7 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.
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 with ten or more years of service, all of which must be
14 actual, contributing years.
15 (c) A person who became a member of the retirement system by virtue of being elected as
16 sheriff of a county, and who is not participating in another retirement system administered by the
17 retirement board, may retire upon written application as provided in §5-10-20(a) of this code upon
18 attaining the age of 62 with eight or more years of service, all of which must be actual, contributing
19 years.
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NOTE: The purpose of this bill is to authorize sheriffs who are members of the public retirement system to retire upon attaining the age of sixty-two with eight or more years of
service.
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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Statutes affected:
Introduced Version: 5-10-20