Creating benefit for duty-related partial disability, the official text

WEST VIRGINIA LEGISLATURE

         2026 REGULAR SESSION

                     Enrolled
            Committee Substitute

                         for

           Senate Bill 977

                  BY SENATORS BARRETT AND TAKUBO
         [Passed March 14, 2026; in effect 90 days from

                        passage (June 12, 2026)]
    Enr CS for SB 977

1 AN ACT to amend and reenact §16-5V-19 of the Code of West Virginia, 1931, as amended,

2   relating to awards and benefits for duty-related disability under the Emergency Medical

3   Services Retirement Act; creating a benefit for partial disability; and defining terms.

    Be it enacted by the Legislature of West Virginia:

    ARTICLE 5V. EMERGENCY MEDICAL SERVICES RETIREMENT SYSTEM ACT.

    §16-5V-19. Awards and benefits for disability — Duty related.

1   (a) Any member who after the effective date of this article and during covered employment:

2 (1) Has been or becomes totally or partially disabled by injury, illness, or disease; and (2) the

3 disability is a result of an occupational risk or hazard inherent in or peculiar to the services required

4 of members; or (3) the disability was incurred while performing emergency medical services

5 functions during either scheduled work hours or at any other time; and (4) in the opinion of two

6 physicians after medical examination, one of whom shall be named by the board, the member is

7 by reason of the disability unable to perform adequately the duties required of an emergency

8 medical services officer, is entitled to receive and shall be paid from the fund in monthly

9 installments the compensation set forth under either subsection (b) or (c) of this section.

10  (b) If the member is totally disabled, the member shall receive 90 percent of his or her

11 average full monthly compensation for the 12-month period preceding the member's disability or

12 the shorter period if the member has not worked 12 months. If the member remains totally

13 disabled until attaining 65 years of age, the member shall then receive the retirement benefit

14 provided in §16-5V-16 and §16-5V-17 of this code.

15  (c) If the member is partially disabled, the member shall receive 45 percent of his or her

16 average full monthly compensation for the 12-month contributory period preceding the member's

17 disability award, or the shorter period if the member has not worked 12 months. If the member

18 remains partially disabled until attaining 60 years of age, the member shall then receive the

19 retirement benefit provided in §16-5V-16 and §16-5V-17 of this code.

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    Enr CS for SB 977

20  (d) The disability benefit payments will begin the first day of the month following

21 termination of employment and receipt of the disability retirement application by the Consolidated

22 Public Retirement Board.

23  (e) For purposes of this article, unless a federal law or regulation or the context clearly

24 requires a different meaning, "partially disabled" means a member’s inability to engage in the

25 duties of his or her covered employment position by reason of any medically determinable

26 physical or mental impairment that can be expected to result in death or that has lasted or can be

27 expected to last for a continuous period of not less than 12 months. A member may be determined

28 partially disabled for the purposes of this article and maintain the ability to engage in other gainful

29 employment which exists within the state, but which ability would not enable him or her to earn

30 an amount at least equal to two thirds of the average annual compensation earned by all active

31 members of this plan during the plan year ending as of the most recent June 30, as of which plan

32 data has been assembled and used for the actuarial valuation of the plan.

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Enr CS for SB 977
              The Clerk of the Senate and the Clerk of the House of Delegates hereby

         certify that the foregoing bill is correctly enrolled.
         ...............................................................

                       Clerk of the Senate
                           ...............................................................
                               Clerk of the House of Delegates

         Originated in the Senate.
         In effect 90 days from passage.

                                       ...............................................................
                                                 President of the Senate
                                                           ...............................................................
                                                              Speaker of the House of Delegates
                                                        __________

              The within is ................................................ this the...........................................
         Day of ..........................................................................................................., 2026.

                                                                   .............................................................
                                                                                         Governor

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