West Virginia 2022 Regular Session

West Virginia House Bill HB4540

Introduced
2/3/22  
Refer
2/3/22  
Refer
2/15/22  
Engrossed
2/28/22  
Refer
3/1/22  
Refer
3/1/22  
Report Pass
3/7/22  
Enrolled
3/10/22  
Passed
3/12/22  

Caption

To update all retirement plans to comport with federal law

Impact

The legislation is expected to have a significant impact on state laws governing pension and retirement systems. By aligning with federal regulations, HB4540 will enhance the legality and functionality of retirement benefits for various public service employees. This change aims to rectify discrepancies that may lead to underpayments or errors in benefit distributions, thus ensuring that retirees receive the full amount entitled under the updated laws. Notably, the bill will also clarify provisions regarding the correction of errors within the retirement systems, solidifying mechanisms to address benefit underpayments promptly.

Summary

House Bill 4540, passed on March 10, 2022, aims to amend various sections of the West Virginia Code to update the retirement plans for public employees in compliance with federal law. This bill specifically targets the provisions related to retirement benefits across multiple systems, including the Public Employees Retirement System, Teacher Retirement System, and the State Police Retirement Fund. The updates are designed to ensure that the state’s retirement plans meet federal standards, which may involve altering specific definitions, ensuring correct payment of benefits, and adjusting age thresholds for members born after June 30, 1949.

Sentiment

Overall, the sentiment surrounding HB4540 has been largely positive among legislators and public workers alike, with a shared understanding of the necessity for compliance with federal standards to protect the interests of retirees. However, there were some concerns regarding the potential complexity of the changes and whether all stakeholders fully understand their implications. Nonetheless, the bill is seen as a proactive approach to securing the financial stability of public retirement systems in West Virginia.

Contention

While the bill passed unanimously, discussions raised some notable points of contention, particularly concerning the age threshold adjustments and the implications they might have on long-term benefit calculations for members nearing retirement. Some advocates expressed that these changes could inadvertently disadvantage certain groups of employees. However, the overall desire to keep the retirement systems compliant with federal law ultimately overshadowed these concerns, leading to broad support for the bill.

Companion Bills

No companion bills found.

Previously Filed As

WV SB712

Relating to retirement provisions of systems managed by CPRB

WV HB3180

Federal Compliance for public employee retirement status

WV SB774

Allowing certain county EMS officers to participate in EMS Retirement System

WV SB35

Permitting campus police officers to participate in Deputy Sheriffs Retirement System

WV SB653

Relating generally to EMS retirement

WV HB3459

Creating exception allowing school service personnel, deputy sheriffs, and correctional officers to be reemployed and work without income limitation while recieving retirement

WV SB1074

Allowing newly hired emergency medical vehicle operators to participate in EMS Retirement System

WV SB676

Allowing certain Capitol Police officers to participate in WV State Police Retirement System

WV HB4506

Allowing members of State Police retirement system to use accrued leave as credit towards retirement

WV HB4182

To expand the EMS retirement system

Similar Bills

VA SJR275

Confirming Governor's appointments; August 1.

VA SJR70

Governor; confirming appointments.

VA SJ70

Confirming appointments by the Governor of certain persons communicated to the General Assembly August 13, 2025.

VA SJR273

Governor; confirming appointments.

VA SJR274

Confirming Governor's appointments; October 1.

VA SJR286

Confirming Governors appointments; December 1.

VA SJR69

Governor; confirming appointments.

VA SJ69

Confirming appointments by the Governor of certain persons communicated to the General Assembly October 1, 2025.