Updating retirement eligibility for certain sheriffs

SB 206 Text

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Senate Bill 206 History

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WEST virginia legislature
2026 regular session
Committee Substitute
for
Senate Bill 206
By Senator Weld
[Reported February 10, 2026, from the Committee on Pensions]

A BILL to amend and reenact §5-10-20 of the Code of West Virginia, 1931, as amended, authorizing sheriffs who are members of the public retirement system to retire upon attaining the age of 62 with eight or more years of service.
Be it enacted by the Legislature of West Virginia:

ARTICLE 10. WEST VIRGINIA PUBLIC EMPLOYEES RETIREMENT ACT.

§5-10-20. Voluntary Retirement.

(a) Except as provided in
§5-10-20(b)

and (c)
of this code, any member who has attained or attains age 60 years and has five or more years of credited service in force, at least one year of which he or she was a contributing member of the retirement system, may retire upon his or her written application filed with the board of trustees setting forth at what time, not less than 30 days nor more than 90 days subsequent to the execution and filing thereof the member desires to be retired:
Provided
, That on and after June 1, 1986, any person who becomes a new member of this retirement system shall, in qualifying for retirement hereunder, have five or more years of service, all of which years shall be actual, contributory ones. Upon retirement, the member shall receive an annuity provided for in §5-10-22 of this code.
(b) Any person who first becomes a member of the retirement system on or after July 1, 2015,
may retire upon written application as provided in §5-10-20(a) of this code upon attaining the age of 62 with 10 or more years of service, all of which must be actual, contributing years.
(c) A person who is elected as sheriff of a county, and who is not participating in another retirement system administered by the retirement board, may retire upon written application as provided in subsection (a) of this section upon attaining the age of 62 with eight or more years of contributing service as an elected sheriff of a county, all of which must be actual, contributing years.
NOTE: The purpose of this bill is to authorize sheriffs who are members of the public retirement system to retire upon attaining the age of 62 with eight or more years of service.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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