Senate committee approves committee substitute for SB 589 to raise judicial pay, alter judges' retirement benefits

A West Virginia Senate committee voted to approve a committee substitute for Senate Bill 589 that raises salary schedules for members of the judiciary and makes several changes to the judges' retirement plan.

Counsel told the committee the substitute increases salaries for West Virginia Supreme Court justices, intermediate court of appeals judges, circuit court judges, family court judges and magistrates by $8,000. The substitute also allows a state employer contribution holiday for the judges' retirement plan through fiscal year 2030 or until the plan's funded rate drops below 150 percent. Counsel said the holiday would reduce annual contributions by roughly $1.2 million to $1.4 million while in effect; the total cost of the salary increase, including higher benefits, was described as a little over $3,000,000. With the holiday in place, counsel said the net annual cost increase would be about $1.6 million to $1.8 million.

The substitute makes multiple changes to the judge's retirement system: it permits a judge who reaches age 65 with 12 years of service to receive a reduced pension annuity (previously full pension required 16 years of service for judges appointed or elected after July 1, 2005), raises the surviving-spouse annuity from 40 percent to 50 percent of the member benefit, and removes the pre-/post-February 2005 distinctions so newer judges would be treated under the more generous single-tier provisions described in the bill. The substitute also removes a provision that would have allowed family courts and other lower courts to set pay for their staff.

Ken Woodson, the Consolidated Public Retirement Board actuary, told the committee the judges' plan is currently well funded—about 250 percent funded—and reported plan assets of roughly $306,000,000 as of July 1, 2024. Woodson said, "It would definitely exceed it," when asked whether the funded ratio would remain high through 2029 under current funding assumptions.

Representatives of the judiciary urged passage on recruitment and retention grounds. Judge David Hammer said, "Number 1, quality counts. Number 2, experience matters," urging the committee to consider benefits and pay that allow experienced attorneys to accept and remain on the bench. Judge Stacy Nowicki Eldridge, who said she represents Boone and Lincoln circuits, described the four-year employer-contribution holiday as a deliberate, limited measure to allow the plan to "settle in" and to let the judiciary contribute toward pay increases. Family court Judge Heather Wood of Wheeling described family-court workload and compounding administrative responsibilities—she said family judges often do not have law clerks or court reporters and draft most orders themselves—and requested additional compensation for that bench.

Committee members pressed for details on fiscal impacts and where additional costs would be covered beyond the pension holiday. Counsel and witnesses said the court's current operating budget is lean and does not include funding to absorb the full cost of the raises; the court may need to request additional appropriations in future budget cycles. Several senators also noted the Judicial Compensation Commission's 2024 report was used for comparisons with surrounding states.

On a voice vote the committee agreed to the committee substitute. The vice chairman then moved that the committee substitute for the committee substitute for SB 589 be reported to the full Senate with the recommendation that it do pass, with the bill to be sent under its original double committee reference first to the Committee on the Judiciary and then to Finance; that motion was adopted by voice vote.

Votes at a glance: the committee approved the committee substitute and voted to report the substitute to the full Senate with a "do pass" recommendation; both were voice votes and no roll-call tally was recorded in the transcript.

The measure will proceed to the full Senate under the original double-reference path.