West Virginia Code of State Rules › Agency 211 - Municipal Pensions Oversight Board › Title 211 - PROCEDURAL RULE MUNICIPAL PENSIONS OVERSIGHT BOARD › Series 211-01 - Policemen's and Firemen's Pensions Disability Calculation › Section 211-1-4 - Total and Temporary Disability and Total and Permanent Disability Calculations

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The pension secretary and the municipal
				treasurer shall independently determine the monthly amount paid to a member
				awarded a total and temporary or total and permanent disability in accordance
				with the provisions of West Virginia Code § 8-22-24, and shall calculate
				the member's salary or compensation in accordance with West Virginia Code
				§ 8-22-16(d). Specifically the monthly sum to be paid to each member
				eligible for disability received as a proximate result of service rendered in
				the performance of his or her duties under the provisions of West Virginia Code
				§ 8-22-23 a shall be equal to sixty percent of the monthly salary being
				received by the member, at the time he or she is disabled, or the sum of five
				hundred dollars per month, whichever is be greater. The pension secretary and
				the municipal treasurer shall compare their independently arrived at
				calculations to ensure their accuracy.
4.2. The following formulas shall be used to
				calculate disability awards:
4.2.1. Year one
				adjusted salary = year three base salary / year one base salary x year 1 total
				salary
4.2.2. Year two adjusted
				salary = year three base salary / year two base salary x year 2 total
				salary
4.2.3. Average adjusted
				salary = (year one adjusted salary + year two adjusted salary) x 50%
4.2.4. One hundred twenty percent of average
				adjusted salary = average adjusted salary x 120%
4.2.5. Annual salary = the lesser of one
				hundred twenty percent (120%) of average adjusted salary or year three total
				salary
4.2.6. Monthly salary =
				annual salary / 12
4.2.7. If a
				member does not have qualifying military experience, then monthly disability
				salary = monthly salary x 60%
4.2.8. If a member does not have qualifying
				military experience, the member shall receive the amount calculated in
				subdivision 4.2.7 of this subsection, or $500.00 per month, whichever amount is
				greater
4.2.9. If a member has one
				year of qualifying military experience, then monthly disability salary =
				monthly salary x 61%
4.2.10. If a
				member has one year of qualifying military experience, the member receives the
				amount calculated in subdivision 4.2.9 of this subsection, or $500.00+ 1% of
				monthly salary, whichever amount is greater
4.2.11. If a member has two years of
				qualifying military experience, then monthly disability salary = monthly salary
				x 62%
4.2.12. If a member has two
				years of qualifying military experience, the member receives the amount
				calculated in subdivision 4.2.11 of this subsection, or $500.00+ 2% of monthly
				salary, whichever amount is greater
4.2.13. If a member has three years of
				qualifying military experience, then monthly disability salary = monthly salary
				x 63%
4.2.14. If a member has three
				years of qualifying military experience, the member receives the amount
				calculated in subdivision 4.2.9 of this subsection, or $500.00+ 3% of monthly
				salary, whichever amount is greater
4.2.15. If a member has four or more years of
				qualifying military experience, then monthly disability salary = monthly salary
				x 64%
4.2.16. If a member has four
				or more years of qualifying military experience, the member receives the amount
				calculated in subdivision 4.2.15 of this subsection, or $500.00+ 4% of monthly
				salary, whichever amount is greater
Table 211-1-4 of this rule provides a disability calculation
				  scenario for use in subdivisions 4.2.1 through 4.2.16 of this
				  subsection.
Table 211-1-4
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