Current through Register Vol. XLI, No. 24, June 14, 2024
Section 162-4-6 - Retirement6.1. A member's active membership ceases upon the retirant's effective retirement date and the status of a retirant may only be affected by an action of the Board.6.1.1. The Board shall, if requested by the retirant or beneficiary, make those withholdings from the monthly benefit that are necessary to provide for the continuance of the insurance program carried by the member with the West Virginia Public Employees Insurance Agency.6.1.2. The Board shall, if requested by the retirant or beneficiary or if required by law, make those withholdings from the monthly benefit that are necessary to pay federal withholding taxes.6.1.3. The Board shall furnish, as required by state and federal law and regulations, those forms and reports related to the retirement annuity necessary for the retirant or beneficiary to comply with the laws and regulations.6.2. Post retirement employment. Any retirant who accepts employment by a participating employer, other than as a college teacher, for a relatively short period (no more than a one hundred-forty (140) day contract) who is not considered in any way a permanent or regular employee is considered a temporary, part-time or substitute employee and shall continue to receive his or her normal monthly benefit during the temporary employment. The days may be consecutive. However, if the allowed number of employment days is exceeded, the retirant shall not receive a prior service allowance for each month during which an excess day is worked, for the balance of that fiscal year.6.2.1. A retirant may teach college on a non-contract basis less than seven (7) hours of college credits per semester without a loss of benefits. The Board shall discontinue the payment of the prior service allowance to such retirants who teach seven (7) or more college credits hours per semester, with benefits being discontinued on the first day of the month within which employment begins. Payment of the prior service allowance shall be resumed on the first day of the month succeeding the month within which the employment ceases.6.2.2. Any employer employing a retirant, on any basis but a day-to-day basis, shall report that employment and conditions of employment to the Board within thirty (30) days of the employment.6.2.3. For retirants not engaged in substitute teaching, each day a retiree is paid constitutes one day worked regardless of the number of hours or the amount of pay.6.2.4. This section applies only to employers whose employees are participants in any pension or retirement operated directly or indirectly by the State of West Virginia.6.2.5. A member who has been retired on the basis of disability is ineligible to return to substitute, full or part time service in the same occupation which he or she occupied immediately prior to his or her disability while continuing to receive disability retirement benefits. The Board shall discontinue the payment of disability retirement benefits to retirants who return to service within the same occupation. The Board shall discontinue payment on the first day of the month within which return to service occurs.6.2.6. A disability retirant who is able to perform an occupation other than the occupation he or she occupied immediately prior to his or her disability may not receive a prior service allowance during any period he or she is employed in another occupation with a participating public employer. The Board shall discontinue the prior service allowance on the first day of the month within which employment begins. The Board shall resume payment of the prior service allowance on the first day of the month succeeding the month within which the employment ceases.6.2.7. For retirants who return to employment as a substitute service employee, retirement contributions shall not be withheld from gross salary.