Pensions committee advances five retirement bills, sends them to finance

The Senate Pensions Committee on an unspecified date in 2026 approved committee substitutes for five retirement-related bills and voted to report each measure to the full Senate, sending bills with double-committee references first to the Finance Committee.

The bills would (1) allow certain employees of four state hospitals sold last year to begin receiving annuities before normal retirement age under specified conditions; (2) create a "partial duty" disability tier for line-of-duty EMS workers who can receive benefits while engaging in nonparticipating gainful employment; (3) reduce vesting from 16 to 12 years for judges (prorated) while increasing tier-2 benefits; (4) permit Capitol Police officers to elect to transfer into the State Police (Troopers Plan B) retirement system with a makeup contribution window through Aug. 31 of the election year; and (5) include technical clarifications across retirement articles. Committee substitutes for each bill passed by voice vote and were moved to the full Senate, typically by the committee vice chair.

Why it matters: the measures would change eligibility or benefit rules across multiple public-safety and judicial retirement systems, affecting employeesand employers (counties/municipalities) who fund some contributions. Several items were described as actuarially neutral or financed by local employers; fiscal notes were requested where not yet submitted.

Bill highlights and key points

Senate Bill 997 (state hospital employees): Counsel said the substitute covers employees of four hospitals sold last year (Hope Hoopmont Hospital; Jackie Withrow Hospital; John Manchin Senior Health Care Center; Lakeland State Hospital) and would allow employees who will be 55 on or before Oct. 31 and who have sufficient service to retire to begin receiving an annuity prior to the normal retirement age (60 for tier 1, 62 for tier 2). The substitute preserves tier-1 sick-leave credit toward retirement, treats those employees as though retired directly from a participating employer for PIA coverage, and specifies the annuity begins the first day of the month after the bills effective date.

SB 977 (EMS partial-duty disability): Counsel described a new partial-duty disability tier limited to line-of-duty disabilities for EMS participants that would allow beneficiaries to receive a benefit while engaged in other gainful employment that is not with a participating employer in the same plan. Counsel said employer contributions for this change would be borne by counties and municipalities. Theresa Miller, deputy director of the state retirement board, told the committee a member could not draw a retirement and simultaneously be actively contributing to the same plan; she explained that employment with a nonparticipating employer would allow other gainful work while drawing the partial-duty benefit.

Judge retirement reform (SB 1035): Counsel said the substitute collapses the tiered structure enacted in 2005 by allowing judges to vest after 12 years (instead of 16) on a prorated basis, grants Tier 2 judges an annuity equal to 75% of a sitting judges salary as set by code, and raises Tier 2 survivor benefits from 40% to 50%. Counsel characterized the change as actuarially neutral and removed a previous employer contribution holiday. Judge Hammer, introduced to the committee by the chair, said the judicial association supports the change and argued the package would help the state attract experienced attorneys to serve on the bench.

SB 676 (Capitol Police retirement transfer): Counsel explained the substitute would allow current Capitol Police officers to elect to transfer to the West Virginia State Police retirement system (Troopers Plan B) with an election window ending Aug. 31 in the election year and a makeup contribution calculated by the retirement board; new hires would automatically enter Troopers Plan B. Jeff Fleck, executive director of the CPRB, described the statute as providing an option and noted another law-enforcement-type plan (natural resources police officer plan) could also be an option for this group. Committee members asked clarifying operational and fiscal questions; counsel said the committee had requested a fiscal note.

Votes at a glance

- Committee substitute for SB 978: agreed and reported to the full Senate with first referral to Finance (voice vote). - Committee substitute for SB 997: committee substitute adopted; reported to the full Senate with recommendation to pass (voice vote). - Committee substitute for SB 977: committee substitute adopted; reported to the full Senate with first referral to Finance (voice vote). - Committee substitute for SB 1035: committee substitute adopted; reported to the full Senate with first referral to Finance (voice vote). Judge Hammer spoke in support during the discussion. - Committee substitute for SB 676: committee substitute adopted; reported to the full Senate with first referral to Finance (voice vote). Jeff Fleck (CPRB) answered questions from the committee.

Quotations (selected)

"You would not be able to draw a retirement and also contribute and and be actively contributing to the plan," said Theresa Miller, deputy director of the state retirement board, explaining limits on drawing benefits while participating in the same plan.

"It is one of the options for Capitol Police," said Jeff Fleck, executive director of the CPRB, describing transfer options into law-enforcement retirement plans.

"If we don't offer better benefits, then I fear we're going to hit the point where we have difficulty attracting top notch candidates to be judges at all levels," said Judge Hammer.

What happens next: Committee substitutes will be reported to the full Senate; several measures were referred first to Finance under existing double-committee reference language. The committee adjourned without further business.