SB 35: Permitting campus police officers to participate in Deputy Sheriffs Retirement System - West Virginia

sb35 hfa criss 4-12 _2 adopted.htm → sb35 hfat criss 4-12 adopted.htm · 4 edits

MODERATE

The bill was amended to change its title and clarify its purpose, removing the original committee amendment text that proposed new retirement system definitions for municipal police/firefighters and emergency medical services. The changes focus on clarifying the bill's scope regarding campus police and home confinement officer retirement participation rather than introducing new statutory definitions.

Scope change

The bill's scope was clarified to explicitly address campus police officer retirement participation and home confinement officer system transfers, with specific effective dates for mandatory participation changes.

TECHNICAL

Removed the original committee amendment text that proposed extensive new definitions for municipal police/firefighter and emergency medical services retirement systems, including benefit calculations, service definitions, and eligibility criteria.

REQUIREMENT

Added a new title clarifying that campus police officers hired on or after January 1, 2026, must participate in the Municipal Police and Firefighters Retirement System.

Added provisions allowing home confinement officers to transfer from the Public Employees Retirement System to the Emergency Medical Services Retirement System, with asset transfer deadlines of March 31, 2026.

TIMELINE

Changed the effective date for mandatory campus police retirement participation from January 1, 2026 to January 1, 2026, and established July 1, 2025 as the date for home confinement officer system transfer eligibility.

sb35 h fin am _1 adopted.htm → sb35 hfa criss 4-12 _2 adopted.htm · 6 edits

MODERATE

This bill amends two retirement systems in West Virginia: the Municipal Police Officers and Firefighters Retirement System and the Emergency Medical Services Retirement System. The changes primarily add new definitions, adjust benefit formulas, and establish transfer mechanisms between retirement systems for specific employee groups like home confinement officers and campus police officers.

Scope change

The bill expands coverage to include home confinement officers and county firefighters in the Emergency Medical Services Retirement System, while also clarifying that campus police officers must participate in the Deputy Sheriffs Retirement System starting in 2026.

ELIGIBILITY

Added new provisions allowing home confinement officers hired on or after July 1, 2025, to become members of the Emergency Medical Services Retirement System as a condition of employment.

Modified eligibility requirements for campus police officers, mandating participation in the Deputy Sheriffs Retirement System effective January 1, 2026, for all newly hired officers.

FISCAL

Modified benefit formulas in the Emergency Medical Services Retirement System, changing contribution rates and accrual percentages based on years of service and funding levels.

DEFINITION

Added numerous new definitions including '911 personnel,' 'county firefighter,' 'home confinement officer,' and detailed definitions for retirement terms like 'accrued benefit' and 'normal retirement age.'

TIMELINE

Established specific transfer deadlines, including asset transfers from the Public Employees Retirement System to the Emergency Medical Services Retirement System by March 31, 2026, and retirement commencement on or after April 1, 2026.

REQUIREMENT

Added requirements for home confinement officers to elect in writing whether to transfer from the Public Employees Retirement System, with specific deadlines and asset transfer calculations.

Committee Substitute → sb35 h fin am _1 adopted.htm · 8 edits

MODERATE

The Finance Committee amended SB 35 to completely rewrite the definitions section of the Municipal Police and Firefighters Retirement System, adding 20 new definitions and updating existing ones to clarify eligibility and benefit calculations. The amendment also added provisions for campus police officers hired after January 1, 2026, to participate in the system under specific conditions.

Scope change

The bill's scope was expanded to include campus police officers hired after January 1, 2026, and to clarify the definition of 'covered employment' to explicitly include campus police officers.

DEFINITION

Added 20 new definitions including 'Bona fide separation from service upon retirement', 'Employer error', 'Medical examination', 'Qualified public safety employee', and 'Totally disabled' to clarify retirement system terminology.

Updated 'Active military duty' definition to include the Space Force as a qualifying branch of service.

Changed 'Effective date' from January 1, 2010, to January 1, 2026, aligning with the new campus police officer participation timeline.

Updated 'Normal retirement age' definition with new age thresholds (72, 73, and 75) based on birth year and Internal Revenue Code requirements.

Revised 'Totally disabled' definition to align with Social Security Administration standards for substantial gainful activity.

ELIGIBILITY

Modified 'Covered employment' definition to explicitly include campus police officers alongside municipal police officers and firefighters.

Updated 'Member' definition to specify that campus police officers hired after January 1, 2026, must participate in the retirement system, while those hired before can elect to participate.

REQUIREMENT

Added new requirements for 'Bona fide separation from service' requiring 60 consecutive days without a prearranged return to employment before retirement.

Enrolled Committee Substitute → Committee Substitute · 6 edits

MODERATE

This bill expands retirement system options for campus police officers in West Virginia, allowing those hired before 2026 to opt into the Municipal Police and Firefighters Retirement System while mandating that all new hires starting January 1, 2026, must participate in that system. The legislation also updates definitions and clarifies eligibility requirements across multiple retirement systems.

Scope change

The bill extends the Municipal Police and Firefighters Retirement System to include campus police officers, creating a new eligibility pathway for current officers and establishing mandatory participation for future hires.

ELIGIBILITY

Allows campus police officers hired before January 1, 2026, to elect participation in the Municipal Police and Firefighters Retirement System, provided they do not transfer service credits from other retirement plans and inform the retirement board in writing of their choice.

REQUIREMENT

Mandates that all campus police officers hired on or after January 1, 2026, must participate in the Municipal Police and Firefighters Retirement System.

DEFINITION

Updated the definition of 'covered employment' to include full-time campus police officers and clarified the 'member' definition to account for campus police hiring dates and election requirements.

Revised the 'member' definition to specify that campus police officers hired before January 1, 2026, can become members by election, while those hired after that date automatically become members.

TIMELINE

Establishes January 1, 2026, as the effective date for mandatory participation of newly hired campus police officers in the Municipal Police and Firefighters Retirement System.

TECHNICAL

Removed references to home confinement officers and Emergency Medical Services Retirement System that appeared in the enrolled committee substitute but were not included in the final committee substitute version.

Introduced Version → Enrolled Committee Substitute · 5 edits · Apr 24, 2025

MODERATE

This bill expands retirement system options for West Virginia campus police officers and home confinement officers. It allows current campus police officers to join the Municipal Police and Firefighters Retirement System instead of the Deputy Sheriffs system, while mandating all new hires after January 1, 2026, to join that system. Additionally, it creates a pathway for home confinement officers to transfer from the Public Employees Retirement System to the Emergency Medical Services Retirement System, effective July 1, 2025.

Scope change

The bill significantly broadens retirement plan eligibility for campus police officers and home confinement officers, changing which retirement systems they can join and when they must join them.

ELIGIBILITY

Campus police officers hired before January 1, 2026, can now choose to join the Municipal Police and Firefighters Retirement System instead of the Deputy Sheriffs Retirement System, but cannot transfer any service credit or accrued dollars from other retirement plans.

Home confinement officers hired on or after July 1, 2025, must become members of the Emergency Medical Services Retirement System as a condition of employment.

REQUIREMENT

All campus police officers hired on or after January 1, 2026, must participate in the Municipal Police and Firefighters Retirement System.

FISCAL

Home confinement officers currently employed on July 1, 2025, can elect to transfer their retirement assets from the Public Employees Retirement System to the Emergency Medical Services Retirement System, with assets calculated based on actuarial valuations and interest rates.

TIMELINE

The bill establishes specific deadlines for retirement system elections and transfers, including a December 31, 2025 deadline for current campus police officers to notify the retirement board of their participation choice.

Permitting campus police officers to participate in Deputy Sheriffs Retirement System

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