West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-08 - Service Credit for Accrued and Unused Sick and Annual Leave › Section 162-8-5 - Teachers' Retirement System

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Service
				Credit for Accrued Unused Sick and Annual Leave. - The Board shall give members
				of the Teachers' Retirement System first hired prior to July 1, 2015 who elect,
				under the provisions of W. Va. Code §
									5-16-13(f), to convert accrued and
				unused sick and annual leave to additional retirement system service credit any
				additional credit to which the member is entitled based upon the number of
				accrued and unused sick and annual leave days which stand to the member's
				credit with the member's last employer at the time of retirement. Any unused
				sick and annual leave days accrued and which stand to the member's credit with
				any participating public employer prior to the member's last participating
				public employer, and which are not transferable to or recognized by the
				member's last participating public employer, are not used to calculate service
				credit. In interpreting, applying and administering this rule and subject to
				the limitations found in subsection 5.2. of this rule, the Board shall be
				deferential to the policy of the member's last participating public employer
				for the accrual of unused sick and annual leave. In order for a participating
				public employee's annual and sick leave policy to be recognized by the Board,
				the policy shall have been formally adopted in writing by the
				employer.
5.2. Calculation of
				Service Credit for Accrued Unused Sick and Annual Leave. - The conversion of
				accrued leave to service credit shall be made in a manner consistent with the
				provisions of Teachers' Retirement System, 162 CSR 4 and W. Va. Code §
									5-16-13(f). The Consolidated Public Retirement Board may request information
				from the member and/or the member's last or prior employers in order to
				determine the proper amount of retirement system service credit the member is
				entitled to receive for his or her accrued sick and annual leave. The
				conversion of accrued sick and annual leave to additional service credit shall
				be based upon the information received by the Board from the member's
				employer.
5.3. Deferred Retirement.
				- A member of the Teachers' Retirement System who ceases employment prior to
				retirement or who takes a deferred retirement may not use accumulated unused
				sick and annual leave for additional retirement service credit, unless the
				Teachers' Retirement System member continues to be a covered employee with the
				West Virginia Public Employees Insurance Agency as defined in W. Va. Code
				§
									5-16-2(3) at the time his or her retirement annuity commences.
5.4. Lump Sum Payment for Accrued Leave. - If
				the member is paid in a lump sum for accrued unused leave, the Board shall not
				consider the lump sum payment as compensation or salary in computing a member's
				final average salary.