reglab/statecodes huggingface dataset:
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 162-8-8 - Emergency Medical Services Retirement System

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Service Credit for Accrued Unused Sick and Annual Leave. - Members of the
				Emergency Medical Services Retirement System may elect to receive additional
				service credit in exchange for accrued and unused sick and annual leave at the
				time of retirement. Members 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 covered employment 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 covered employment employer which
				are not transferable to or recognized by the member' s last covered employment
				employer. In interpreting, applying and administering this rule and subject to
				the limitations found in subsections 8.2. and 8.3. of this rule, the Board
				shall accept the policy of the member's last covered employment employer for
				the accrual of unused sick and annual leave. In order for a covered employment
				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.
8.2. Limitation on the
				Accrual of Unused Sick and Annual Leave. - Members employed by any covered
				employment 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.
8.3. 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 covered employment 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.
8.4. 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.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-09 - West Virginia State Police › Section 162-9-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This Rule addresses the general
				administrative procedures, the processes by which a member of the retirement
				plans for the West Virginia State Police may apply for and be granted state
				disability retirement, and the manner in which appeals from the disability
				determinations of the Consolidated Public Retirement Board and other appeals
				may be presented for administrative resolution.
1.2. Authority. - W. Va. Code
				§ 5-10D-l.
1.3. Filing Date.
				-June 28, 2016.
1.4. Effective
				Date. -June 28, 2016.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-09 - West Virginia State Police › Section 162-9-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Active employment" means employment of
				a member by the West Virginia State Police during which compensation for
				services is actually received, other than through the receipt of regular or
				disability retirement benefits.
2.2. "Agency" means the West Virginia State
				Police.
2.3. "Board" means the West
				Virginia Consolidated Public Retirement Board.
2.4. "Essential duties of a law enforcement
				officer" means those duties which state troopers must be capable of performing
				in order to be capable of continuing in active employment with the West
				Virginia State Police, as specified in policies set forth by the
				Agency.
2.5. "Member" means a sworn
				employee of the West Virginia State Police who is a participant in any of the
				Agency's retirement systems, and who has not yet entered retirement
				status.
2.6. "Retirement systems"
				means the West Virginia State Police Retirement Fund, or the West Virginia
				State Police Death, Disability and Retirement Fund.
2.7. "Substantial gainful employment" or
				"gainful employment" means employment in which an individual may earn up to an
				amount that is determined by the United States Social Security Administration
				as substantial gainful activity and still receive total disability
				benefits.
2.8. "Vocational
				consultant" means consultants who possess the requisite training, skills, and
				professional certification to accurately evaluate a member's ability to engage
				in various types of substantial gainful activity, including but not limited to
				the member's ability to perform the essential duties of a law enforcement
				officer.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-09 - West Virginia State Police › Section 162-9-4 - Medical and Factual Information

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Any member
				whose mental or physical fitness to perform the essential duties of a law
				enforcement officer is at issue in any application for state disability
				retirement shall complete any and all forms, authorizations or releases
				requested by the Board for the processing of the member's alleged disability
				application, and shall cooperate fully in the gathering of relevant medical and
				factual information and records that are determined necessary by the Board for
				its consideration of the application or petition for disability
				retirement.
4.2. Following the
				filing of an application for disability retirement, the member shall, upon
				request by the Board, provide the Board with copies of all current and past
				medical records, reports and information, including the report of the treating
				physician and/or other professional, which are relevant to the Board's
				determination of the member's physical or mental capacity to perform the
				essential duties of a law enforcement officer. Failure of the applicant to
				provide relevant records and reports as requested by the Board, or failure to
				cooperate fully in the disability determination process, constitutes just cause
				for the Board's denial of the member's application.
4.3. Following the filing of an application
				for disability retirement, the Agency shall provide to the Board a copy of any
				fitness for duty standards which relate to the nature of the member's alleged
				disability. Unless the fitness for duty standards which relate to the nature of
				the member' s alleged disability specify that corrective devices (including but
				not limited to hearing aids or eyeglasses) may be used to satisfy the relevant
				fitness standard, the Board shall presume for the purpose of its determination
				of the member's disability status that corrective devices may not be used to
				meet the standards. This presumption is rebuttable upon the presentation of
				clear and convincing evidence to the contrary by the member or the
				Agency.
4.4. The Agency shall
				provide the Board with any and all relevant medical and factual records and
				reports in its possession regarding the nature of the member's claimed
				disability, the duty relatedness of the member's claimed disability, and the
				member's fitness to perform the essential duties of a law enforcement officer
				as specified in policies adopted by the Agency. The Agency shall also complete
				such forms or reports as are considered necessary by the Board in its
				determination of the member's alleged disability.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-09 - West Virginia State Police › Section 162-9-6 - Initial Determination

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				Executive Director of the Board or his or her designee, and two staff members
				appointed by the Executive Director, constitute the Staff Review Committee. The
				Staff Review Committee shall review all reports and other evidence from all
				sources, and shall make a recommendation for disposition of the disability
				application or petition, consistent with this rule and laws of the member's
				retirement system, to the Board's Review Committee. A preponderance of the
				evidence standard shall be applied in the evaluation of the evidence of
				record.
6.2. The Board's Review
				Committee shall be comprised of at least three Board members who have been
				appointed by the Board. The Board Review Committee shall consider the
				recommendations of the Staff Review Committee as well as all reports and other
				evidence relating to the disability application or petition. The Board Review
				Committee shall thereafter present its findings and position to the full Board
				as to whether the member is physically or mentally incapacitated from
				performing the essential duties of a law enforcement officer, and should be
				retired on the basis of the incapacity. A preponderance of the evidence
				standard shall apply in the evaluation of the evidence of record.
6.3. If the member's application, or the
				petition of the Agency as provided in subsection 3.2. of this rule, is not
				granted by the full Board, the Board shall notify both the member and the
				Agency in writing within ten (10) days of its decision and the basis for the
				decision. The notice shall be sent by certified mail, return receipt requested.
				The notification shall also state, with specificity, what action may be taken
				by the member or the Agency to pursue an administrative appeal of the Board's
				denial of the disability application or petition.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-09 - West Virginia State Police › Section 162-9-7 - Denial of Application; Supplemental Examination Option

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. If the Board does not grant the member a
				disability retirement upon initial review, either the member or the Agency may,
				within twenty (20) days of receipt of the notice of denial from the Board,
				request that the member be re-examined by another physician of the Board's
				selection, at the expense of the requesting party.
7.2. If a second examination is requested by
				either the member or the Agency, the physician performing the examination
				shall, upon completion of the examination, furnish the Board with a written
				report stating his or her opinion regarding the nature, extent and cause of the
				member's alleged disabling injury or illness, and an opinion as to whether or
				not the disability is likely to be permanent. Subject to any confidentiality
				and disclosure limitations set forth in state or federal law, copies of the
				supplemental physician's report shall be furnished by the Board to the member
				or the Agency, upon written request.
7.3. If a vocational consultant was used
				during the initial review, the supplemental physician's report shall thereafter
				be submitted by the staff of the Board to the vocational consultant for a
				second review and supplemental report.
7.4. The reports of the examining physician,
				the vocational consultant, and all of the other relevant evidence of record,
				shall thereafter be reviewed by the Staff Review Committee. The Staff Review
				Committee shall, following review of all reports and other evidence from all
				sources, make a recommendation consistent with the evidence and applicable law
				to the Board Review Committee. The Board Review Committee shall thereafter
				consider the Staff Review Committee's recommendation, as well as the entirety
				of the other evidence of record, and shall make a recommendation to the full
				Board as to whether or not the member should be retired on the basis of
				disability.
7.5. The Board shall
				notify the member and the Agency of its determination following the
				supplemental examination process, and shall state, with specificity, what
				action may be taken to pursue an administrative appeal of the Board's
				decision.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-09 - West Virginia State Police › Section 162-9-8 - Decisions on Initial Review; Appeals by Agency or Member

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. If the Board, upon review of an
				application or petition for disability retirement, determines that the member
				is mentally or physically incapable of performing the essential duties of a law
				enforcement officer and should therefore be retired, either the member or the
				Agency who may be aggrieved by the determination may, within twenty (20) days
				after receipt of the notice of favorable decision from the Board, request an
				appeal of the Board's decision to a hearing officer appointed by the Board as
				stated in section 9 of this rule.
8.2. If the Board, upon review of an
				application or petition for disability retirement, determines that the member
				is not mentally or physically incapable of performing the essential duties of a
				law enforcement officer and should therefore not be retired, either the member
				or the agency who may be aggrieved by such determination may, within twenty
				(20) days after receipt of the notice of the Board's decision, request an
				appeal of the Board's decision to a hearing officer appointed by the Board as
				stated in section 9 of this rule.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-09 - West Virginia State Police › Section 162-9-11 - Appeal Denied

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. If an
				appeal is denied in whole or in part by final decision of the Board pursuant to
				this rule, the aggrieved party may request a transcript of the administrative
				hearing, with cost of the preparation of the transcript being paid by the
				requesting party. An individual aggrieved by a final decision of the Board may
				pursue a judicial appeal to the Circuit Court of Kanawha County within the time
				limits set forth in Chapter 29A of the W. Va. Code.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-09 - West Virginia State Police › Section 162-9-12 - Reconsideration of Final Order

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The Board
				may reconsider a final order during the meeting in which it was approved or at
				the next scheduled Board meeting. If the Board votes to reconsider a final
				order at its next scheduled Board meeting, the Board will table any action on
				the final order and place the final order on its agenda for its next scheduled
				meeting and give the applicant and his or her counsel at least ten (10) days
				notice prior to the Board meeting.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-09 - West Virginia State Police › Section 162-9-13 - Annual Statement

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The Board
				may require a disability benefit recipient awarded a disability retirement
				under the provisions of this rule to file an annual statement of earnings and
				any other financial information required by the Board. If a disability
				recipient refuses to file the statement or financial information as requested
				by the Board, the Board shall suspend the disability benefit until the
				statement or financial information is filed. If the refusal continues for sixty
				(60) days, the Board shall terminate the recipient's right to the disability
				benefit.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-09 - West Virginia State Police › Section 162-9-14 - Disability Re-certification

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. At least
				once (1) each year during the first five (5) years following the retirement of
				a member on account of disability, as provided in this rule, and at least once
				(1) in each three (3) year period thereafter, the Board may require a
				disability retirant, who has not attained age sixty (60) years, to undergo a
				medical examination to be made by or under the direction of a physician
				designated by the Board. If the disability retirant refuses to submit to the
				medical examination in any period, his or her disability annuity may be
				discontinued by the Board until his or her withdrawal of the refusal. If the
				refusal continues for one (1) year, all of his or her rights in and to his or
				her annuity may be revoked by the Board. If upon medical examination of a
				disability retirant, the physician reports to the Board that the retirant is
				physically able and capable of resuming employment, his or her disability
				annuity shall terminate: Provided, That the Staff Review Committee, the Board
				Review Committee and the full Board concur with the report of the physician:
				Provided, however, That after the member attains age fifty (50) years, the
				Board may require the medical examination only once (1) in each five (5) year
				period thereafter.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-09 - West Virginia State Police › Section 162-9-15 - WV State Police Retirement System Employer Contributions

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. The West Virginia State Police shall
				contribute twelve percent (12%) of the monthly base salary of each member of
				the West Virginia State Police Retirement System to the West Virginia State
				Police Retirement System: Provided, That beginning on July 1,2009, the West
				Virginia State Police shall contribute fifteen percent (15%) of the monthly
				salary of each member of the West Virginia State Police Retirement System to
				the West Virginia State Police Retirement System: Provided, however, That
				beginning on July 1, 2010, the West Virginia State Police shall contribute
				nineteen and five-tenths percent (19.5%) of the monthly salary of each member
				of the West Virginia State Police Retirement System to the West Virginia State
				Police Retirement System: Provided further, That beginning on July 1, 2011, the
				West Virginia State Police shall contribute seventeen and five-tenths percent
				(17.5%) of the monthly salary of each member of the West Virginia State Police
				Retirement System to the West Virginia State Police Retirement System: And
				provided further, That beginning on July 1,2012, the West Virginia State Police
				shall contribute fifteen and five-tenths percent (15.5%) of the monthly salary
				of each member of the West Virginia State Police Retirement System to the West
				Virginia State Police Retirement System: And provided further, That beginning
				July 1,2013, the West Virginia State Police shall contribute fourteen and
				five-tenths percent (14.5%) of the monthly salary of each member of the West
				Virginia State Police Retirement System to the West Virginia State Police
				Retirement System: And provided further, That beginning July 1,2014, the West
				Virginia State Police shall contribute thirteen and five-tenths percent (13.5%)
				of the monthly salary of each member of the West Virginia State Police
				Retirement System to the West Virginia State Police Retirement System: And
				provided further, That beginning July 1, 2015, the West Virginia State Police
				shall contribute twelve percent (12%) of the monthly salary of each member of
				the West Virginia State Police Retirement System to the West Virginia State
				Police Retirement System. The sums are due out of the annual appropriation for
				the West Virginia State Police.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-09 - West Virginia State Police › Section 162-9-16 - Errors

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Each level of review is presumed to
				cure all errors in procedure of any prior level, and no right to remand in
				order to cure procedural errors exists. An independent determination of the
				facts shall, however, be made at each level of administrative review.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-09 - West Virginia State Police › Section 162-9-17 - Service Credit

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Under no
				circumstances shall a member of the retirement systems receive more than one
				(1) year of service in any calendar year.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-09 - West Virginia State Police › Section 162-9-18 - Refund of Erroneous Contributions

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. To the extent permissible under the
				provisions of section 401(a) et seq. of the Internal Revenue Code and the
				guidance issued thereunder, the State Auditor and State Treasurer may refund
				from the funds of the Retirement Systems any erroneous contributions made to
				the Retirement Systems upon proper transmittals by the Board's staff. The
				Board's staff may request the refund if it determines it is appropriate and
				permissible under the provisions of section 401(a) et seq. of the Internal
				Revenue Code and guidance issued thereunder, after receiving from the executive
				officer of the payroll records of a participating public employer an
				explanation of the reason for making the erroneous contributions and the amount
				of the erroneous contributions.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-09 - West Virginia State Police › Section 162-9-19 - West Virginia State Police Retirement System Annuity Option

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. Any member married at the time of
				entering retirement status or any disability retirant married at the time of
				recalculation may elect a one hundred percent (100%) Joint & Survivor
				annuity and receive monthly payments for his or her lifetime as provided in W.
				Va. Code §
									15-2A-14. If the retirant dies prior to the spouse surviving at
				the date of death, the monthly benefit would be continued in the same amount to
				the surviving spouse for his or her lifetime or until he or she remarries. If
				there is no surviving spouse or if the surviving spouse remarries or dies, then
				payments are to be paid to the dependent children or dependent parents of the
				deceased retirant as provided in W. Va. Code §
									15-2A-14(a).
19.2. Option chosen final. When a member
				chooses a retirement option, that option is final. A surviving spouse cannot
				affect or change the option chosen by the member.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-10 - Deputy Sheriff Retirement System › Section 162-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This rule addresses general
				administrative criteria, outlines the processes by which a member of the Deputy
				Sheriff Retirement System may apply for and be granted state disability
				retirement, and the manner in which appeals from the disability determinations
				of the Consolidated Public Retirement Board and other appeals may be presented
				for administrative resolution.
1.2.
				Authority. -- W. Va. Code §
									5-10D-1.
1.3. Filing Date. -April 29, 2015.
1.4. Effective Date. - May 1,2015.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-10 - Deputy Sheriff Retirement System › Section 162-10-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board" means the West Virginia
				Consolidated Public Retirement Board.
2.2. "Concurrent employment" means
				simultaneous employment in multiple positions that require participation in
				more than one retirement system administered by the Consolidated Public
				Retirement Board.
2.3. "Essential
				duties of a law enforcement officer" means those duties which deputy sheriffs
				must be capable of performing in order to be eligible to continue in covered
				employment.
2.4. "Sheriff means the
				sheriff of the county in which the deputy sheriff is employed in covered
				employment.
2.5. "Substantial
				gainful employment" or "gainful employment" means employment in which an
				individual may earn up to an amount that is determined by the United States
				Social Security Administration as substantial gainful activity and still
				receive total disability benefits.
2.6. "Vocational consultant" means
				consultants who possess the requisite training, skills, and professional
				certification to accurately evaluate a member's ability to engage in various
				types of substantial gainful activity, including but not limited to the
				member's ability to perform the essential duties of a law enforcement
				officer.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-10 - Deputy Sheriff Retirement System › Section 162-10-4 - Medical and Factual Information

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Any member
				whose mental or physical fitness to perform the essential duties of a law
				enforcement officer is at issue in any application for state disability
				retirement shall complete any and all forms, authorizations or releases
				requested by the Board for the processing of the member's alleged disability
				application, and shall cooperate fully in the gathering of relevant medical and
				factual information and records that are determined necessary by the Board for
				its consideration of the application or petition for disability
				retirement.
4.2. Following the
				filing of an application for disability retirement, the member shall, upon
				request by the Board, provide the Board with copies of all current and past
				medical records, reports and information, including the report of the treating
				physician and/or other professional, which are relevant to the Board's
				determination of the member's physical or mental capacity to perform the
				essential duties of a law enforcement officer. Failure of the applicant to
				provide relevant records and reports as requested by the Board, or failure to
				cooperate fully in the disability determination process, constitutes just cause
				for the Board's denial of the member's application.
4.3. Following the filing of an application
				for disability retirement, the Sheriff shall provide to the Board a copy of any
				fitness for duty standards which relate to the nature of the member's alleged
				disability. Unless the fitness for duty standards which relate to the nature of
				the member's alleged disability specify that corrective devices (including but
				not limited to hearing aids or eyeglasses) may be used to satisfy the relevant
				fitness standard, the Board shall presume for the purpose of its determination
				of the member's disability status that corrective devices may not be used to
				meet the standards. This presumption is rebuttable upon the presentation of
				clear and convincing evidence to the contrary by the member or the
				Sheriff.
4.4. The Sheriff shall
				provide the Board with any and all relevant medical and factual records and
				reports in his or her possession regarding the nature of the member's claimed
				disability, the duty relatedness of the member's claimed disability, and the
				member's fitness to perform the essential duties of a law enforcement officer
				as specified in policies adopted by the Sheriff. The Sheriff shall also
				complete the forms or reports that are considered necessary by the Board in its
				determination of the member's alleged disability.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-10 - Deputy Sheriff Retirement System › Section 162-10-6 - Initial Determination

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				Executive Director of the Board or his or her designee, and two staff members
				appointed by the Executive Director, constitute the Staff Review Committee. The
				Staff Review Committee shall review all reports and other evidence from all
				sources, and shall make a recommendation for disposition of the disability
				application or petition, consistent with this rule and laws of the member's
				retirement system, to the Board's Review Committee. A preponderance of the
				evidence standard applies in the evaluation of the evidence of
				record.
6.2. The Board's Review
				Committee shall be comprised of at least three Board members who have been
				appointed by the Board. The Board Review Committee shall consider the
				recommendations of the Staff Review Committee as well as all reports and other
				evidence relating to the disability application or petition. The Board Review
				Committee shall thereafter present its findings and position to the full Board
				as to whether the member is physically or mentally incapacitated from
				performing the essential duties of a law enforcement officer, and should be
				retired on the basis of the incapacity. A preponderance of the evidence
				standard applies in the evaluation of the evidence of record.
6.3. If the member's application, or the
				petition of the Sheriff as provided in subsection 3.2. of this rule, is not
				granted by the full Board, the Board shall notify both the member and the
				Sheriff in writing of its decision and the basis for the decision. The
				notification shall state, with specificity, what action may be taken by the
				member or the Sheriff to pursue an administrative appeal of the Board's denial
				of the disability application or petition.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-10 - Deputy Sheriff Retirement System › Section 162-10-7 - Denial of Application; Supplemental Examination Option

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. If the Board does not grant the member a
				disability retirement upon initial review, either the member or the Sheriff
				may, within twenty (20) days of receipt of the notice of denial from the Board,
				request that the member be re-examined by another physician of the Board's
				selection, at the expense of the requesting party.
7.2. If a second examination is requested by
				either the member or the Sheriff, the physician performing the examination
				shall, upon completion of the examination, furnish the Board with a written
				report stating his or her opinion regarding the nature, extent and cause of the
				member's alleged disabling injury or illness, and an opinion as to whether or
				not the disability is likely to be permanent. Subject to any confidentiality
				and disclosure limitations set forth in federal or state law, copies of the
				supplemental physician's report shall be furnished by the Board to the member
				or the Sheriff, upon written request.
7.3. If a vocational consultant was used
				during the initial review, the supplemental physician's report shall thereafter
				be submitted by the staff of the Board to the vocational consultant for a
				second review and supplemental report.
7.4. The reports of the examining physician,
				the vocational consultant, and all of the other relevant evidence of record,
				shall thereafter be reviewed by the Staff Review Committee. The Staff Review
				Committee shall, following review of all reports and other evidence from all
				sources, make a recommendation consistent with the evidence and applicable law
				to the Board Review Committee. The Board Review Committee shall thereafter
				consider the Staff Review Committee's recommendation, as well as the entirety
				of the other evidence of record, and shall make a recommendation to the full
				Board as to whether or not the member should be retired on the basis of
				disability.
7.5. The Board shall
				notify the member and the Sheriff of its determination following the
				supplemental examination process, and shall state, with specificity, what
				action may be taken to pursue an administrative appeal of the Board's
				decision.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-10 - Deputy Sheriff Retirement System › Section 162-10-8 - Decisions on Initial Review; Appeals by Sheriff or Member

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. If the Board, upon review of an
				application or petition for disability retirement, determines that the member
				is mentally or physically incapable of performing the essential duties of a law
				enforcement officer and should therefore be retired, either the member or the
				Sheriff who may be aggrieved by the determination may, within twenty (20) days
				after receipt of the notice of favorable decision from the Board, request an
				appeal of the Board's decision to a hearing officer appointed by the Board as
				stated in section 9 of this rule.
8.2. If the Board, upon review of an
				application or petition for disability retirement, determines that the member
				is not mentally or physically incapable of performing the essential duties of a
				law enforcement officer and should therefore not be retired, either the member
				or the Sheriff who may be aggrieved by the determination may, within twenty
				(20) days after receipt of the notice of the Board's decision, request an
				appeal of the Board's decision to a hearing officer appointed by the Board as
				stated in section 9 of this rule.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-10 - Deputy Sheriff Retirement System › Section 162-10-11 - Appeal Denied

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. If an
				appeal is denied in whole or in part by final decision of the Board pursuant to
				this rule, the aggrieved party may request a transcript of the administrative
				hearing, with cost of the preparation of the transcript being paid by the
				requesting party. An individual aggrieved by a final decision of the Board may
				pursue a judicial appeal to the Circuit Court of Kanawha County within the time
				limits set forth in Chapter 29A of the W. Va. Code.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-10 - Deputy Sheriff Retirement System › Section 162-10-12 - Annual Statement

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The Board
				may require a disability retirant awarded a disability retirement under the
				provisions of this rule to file an annual statement of earnings and any other
				financial information required by the Board. If a disability retirant refuses
				to file the statement or financial information as requested by the Board, the
				Board shall suspend the disability benefit until the statement or financial
				information is filed. If the refusal continues for sixty (60) days, the Board
				shall terminate the recipient's right to the disability benefit.
12.2. If the Board after a review of a
				partial disability retirant's annual statement of earnings and any other
				financial information required by the Board determines that the partial
				disability retirant's earned income for the preceding year exceeds two thirds
				of the average annual compensation earned by all active members of the Deputy
				Sheriff Retirement System, the partial disability retirant's annuity may be
				terminated by the Board, upon recommendation of the Board's Review Committee,
				on the first day of the month following the Board's action.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-10 - Deputy Sheriff Retirement System › Section 162-10-13 - Disability Re-certification

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. At least
				once each year during the first five years following the retirement of a member
				on account of disability, as provided in this rule, and at least once in each
				three-year period thereafter, the Board may require a disability retirant, who
				has not attained age sixty years, to undergo a medical examination to be made
				by or under the direction of a physician designated by the Board.
13.1.1. If the disability retirant refuses to
				submit to the medical examination in any period, his or her disability annuity
				may be discontinued by the Board until his or her withdrawal of the refusal. If
				the refusal continues for one year, all of his or her rights in and to his or
				her annuity may be revoked by the Board.
13.1.2. If upon medical examination of a
				disability retirant, the physician reports to the Board that the retirant is
				physically able and capable of resuming employment, his or her disability
				annuity shall terminate: Provided, That the Staff Review Committee, the Board's
				Review Committee and the full Board concur with the report of the
				physician.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-10 - Deputy Sheriff Retirement System › Section 162-10-14 - Member Receiving Workers' Compensation

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Any member of the Deputy Sheriff
				Retirement System who is injured or suffers a disease growing out of the course
				of his or her covered employment and who is receiving temporary total Workers'
				Compensation benefits shall receive credited service toward his or her
				retirement: Provided, That the credited service ceases when a member returns to
				paid employment with a covered employer or is granted a disability or regular
				retirement under the provisions of the Deputy Sheriff Retirement
				System.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-10 - Deputy Sheriff Retirement System › Section 162-10-15 - Refunds of Contributions Where an Annuity May Be Payable

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Any member of the Deputy Sheriff
				Retirement System who terminates employment after attaining age sixty (60) and
				who has five (5) or more years credited service and is otherwise entitled to an
				annuity payable from the Deputy Sheriff Retirement System, is not eligible for
				a refund of contributions made to the Deputy Sheriff Retirement System, but, in
				lieu thereof, is entitled to a monthly annuity payable pursuant to
				W.Va.Code§ 7-14D-ll.
15.2. Any
				member of the Deputy Sheriff Retirement System who terminates employment before
				attaining age sixty (60) and who is otherwise entitled to a normal retirement
				annuity payable from the Deputy Sheriff Retirement System at the time of his or
				her application for a refund, is not eligible for a refund of contributions
				made to the Deputy Sheriff Retirement System, but, in lieu thereof, is entitled
				to a monthly annuity payable pursuant to W. Va. Code §
									7-14D-11.
15.3. Any member of the Deputy Sheriff
				Retirement System who terminates employment before attaining age sixty (60) and
				who is not immediately entitled to a normal retirement annuity payable from the
				Deputy Sheriff Retirement System, even though he or she may be entitled to
				early or deferred benefits, is entitled to a refund of contributions upon
				written application filed with the Deputy Sheriff Retirement System.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-10 - Deputy Sheriff Retirement System › Section 162-10-16 - Final Average Salary

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. In
				computing a member's final average salary, the Board shall consider the
				following:
16.1.1. The member's last ten (10)
				years of service is the ten (10) plan years of covered employment immediately
				preceding the member's effective date of retirement; and
16.1.2. The five (5) consecutive plan years
				for which the member's compensation was the highest, is the highest aggregate
				of his or her annual compensation for the five (5) consecutive plan years of
				service contained within the member's last ten (10) plan years as determined in
				subdivision 16.1.1. of this rule; and
16.1.3. The member's final average salary
				shall be one-fifth (1 /5) of the aggregate salary determined in subdivision
				16.1.2. of this rule; and
16.1.4.
				The member's monthly salaries shall be annualized for any plan year during his
				or her final average salary period that contains a break in employment.
				Provided, that for any Sheriff member who received any payments for bonuses or
				commissions, those amounts shall not be annualized.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-10 - Deputy Sheriff Retirement System › Section 162-10-17 - Surcharge for Delinquency of Employer and Employee Contributions

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Any participating employer who fails to
				pay any payment due the Retirement System by the fifteenth (15th) day following
				the end of each calendar month in which the contributions are due may be
				required to pay the actuarial rate of interest lost on the total employee and
				employer contributions owed for each day the payment is delinquent. Accrual of
				the loss in earnings owed by the delinquent employer commences after the
				fifteenth (15th) day following the end of the calendar month in which the
				contributions should have been paid and continues until receipt of the
				delinquent employee and employer contributions. Interest compounds daily and
				the minimum surcharge is fifty (50) dollars.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-10 - Deputy Sheriff Retirement System › Section 162-10-18 - Errors

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. Each level of review is presumed to
				cure all errors in procedure of any prior level, and no right to remand in
				order to cure procedural errors exists. An independent determination of the
				facts shall, however, be made at each level of administrative review.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-10 - Deputy Sheriff Retirement System › Section 162-10-19 - Refunds of Erroneous Contributions

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. To the extent permissible under the
				provisions of section 401(a) et seq. of the Internal Revenue Code and the
				guidance issued thereunder, the State Auditor and State Treasurer may refund
				from the funds of the Deputy Sheriff Retirement System any erroneous
				contributions made to the System upon proper transmittals by the Board's staff.
				The Board's staff may request the refund if it determines it is appropriate and
				permissible under the provisions of section 401(a) et seq. of the Internal
				Revenue Code and guidance issued thereunder, after receiving from the executive
				officer of the payroll records of a participating employer an explanation of
				the reason for making the erroneous contributions and the amount of the
				erroneous contributions.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-10 - Deputy Sheriff Retirement System › Section 162-10-20 - Option Chosen Final

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. When a
				member chooses an option, that option is final, except as provided in W. Va.
				Code §
									7-14D-12. A beneficiary cannot affect or change the option chosen
				by the member.