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 162-8-4 - Public Employees Retirement System

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Service
				Credit for Accrued Unused Sick and Annual Leave. - Members of the Public
				Employees Retirement System first hired prior to July 1,2015 may elect to
				receive additional service credit in exchange for accrued and unused sick and
				annual leave at the time of retirement. Members first hired prior to July 1,
				2015 who make this election are eligible for any additional service credit to
				which the member is entitled based upon the number of the member's accrued
				unused sick and annual leave days which stand to the member's credit with the
				member's last participating public employer at the time of retirement. In
				calculating a member's service credit for accrued unused sick and annual leave,
				the Board shall not include any accrued and unused sick and annual leave days
				which stand to the member's credit with any participating public employer prior
				to the member's last participating public employer which are not transferable
				to or recognized by the member's last participating public employer. In
				interpreting, applying and administering this rule and subject to the
				limitations found in subsections 4.2 and 4.3 of this rule, the Board shall
				accept 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
				employer's annual and sick leave policy to be recognized by the Board, the
				policy must be a written standard that is an accepted standard by the employer.
4.2. Limitation on the Accrual of
				Unused Sick and Annual Leave. - Members employed by any participating public
				employer with a policy for the accrual of unused sick and annual leave which is
				more generous than that of the State of West Virginia for its state agency
				employees shall receive service credit only for accrued unused sick and annual
				leave as provided for by the State of West Virginia for state employees who are
				covered by the rules of the West Virginia Division of Personnel.
4.3. Calculation of Service Credit for
				Accrued Unused Sick and Annual Leave. - The Consolidated Public Retirement
				Board may request information from the member and/or the member's last or prior
				participating public employer in order to determine the proper amount of
				retirement system service credit the member is entitled to receive for his or
				her accrued and unused sick and annual leave. The conversion of accrued sick
				and annual leave to additional service shall be based upon the information
				received by the Board from the member's employer.
4.4. 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.