(a) The state will not increase any existing benefits or create any new benefits for any retirees or beneficiaries currently receiving monthly benefit payments from the system, other than an increase in benefits or new benefits effected by operation of law in effect on the effective date of this article, in an amount that would exceed more than one percent of the accrued actuarial liability of the system as of the last day of the preceding fiscal year as determined in the annual actuarial valuation for the plan completed for the Consolidated Public Retirement Board as of the first day of the following fiscal year as of the date the improvement is adopted by the Legislature.
(b) If any increase of existing benefits or creation of new benefits for any retirees or beneficiaries currently receiving monthly benefit payments under the system, other than an increase in benefits or new benefits effected by operation of law in effect on the effective date of this article, causes any additional unfunded actuarial accrued liability in the system as calculated in the annual actuarial valuation for the plan during any fiscal year, the additional unfunded actuarial accrued liability of that pension system will be fully amortized over no more than the six consecutive fiscal years following the date the increase in benefits or new benefits become effective as certified by the Consolidated Public Retirement Board. The Consolidated Public Retirement Board shall include the six year amortization in the determination of the adequacy of the employer contribution percentage for the system.
(c) The state will not increase any existing benefits or create any new benefits for active members due to retirement, death or disability of the system unless the actuarial accrued liability of the plan shall be at least eighty-five percent funded as of the last day of the prior fiscal year as determined in the actuarial valuation for the plan completed for the Consolidated Public Retirement Board as of the first day of the following fiscal year as of the date the improvement is adopted by the Legislature. Any additional unfunded actuarial accrued liability due to any improvement in active members benefits shall be fully amortized over not more than ten years following the date the increase in benefits or new benefits become effective as certified by the Consolidated Public Retirement Board. The Consolidated Public Retirement Board shall include the ten year amortization in the determination of the adequacy of the employer contribution percentage for the system.
Structure West Virginia Code
Article 2A. West Virginia State Police Retirement System
§15-2A-4. Participation in System; Continuation of Fund
§15-2A-4a. Specification of Actuarial Assumptions
§15-2A-5. Employee Contributions; Employer Contributions; Forfeitures
§15-2A-6. Retirement; Commencement of Benefits
§15-2A-6a. Federal Law Maximum Benefit Limitations
§15-2A-6b. Federal Law Minimum Required Distributions
§15-2A-6d. Rollovers and Transfers to Purchase Service Credit or Repay Withdrawn Contributions
§15-2A-7. Annual Annuity Adjustment
§15-2A-8. Refunds to Certain Members Upon Discharge of Resignation; Deferred Retirement
§15-2A-9. Awards and Benefits for Disability -- Incurred in Performance of Duty
§15-2A-10. Same -- Due to Other Causes
§15-2A-11. Same -- Physical Examinations; Termination
§15-2A-11b. Annual Report on Each Employer's Disability Retirement Experience
§15-2A-13. Same -- When Member Dies From Nonservice-Connected Causes Before Serving Twenty Years
§15-2A-17. Awards and Benefits to Dependents of Member -- Termination
§15-2A-18. Authority to Continue Payments to Certain Dependents
§15-2A-20. Benefits Not Forfeited if System Terminates
§15-2A-22. Limitations on Benefit Increases
§15-2A-23. Correction of Errors; Underpayments; Overpayments