West Virginia 2022 Regular Session

West Virginia House Bill HB4676

Introduced
2/14/22  

Caption

Allowing retirees in the Public Employees Retirement System to designate a special needs trust as beneficiary

Impact

The introduction of HB 4676 is significant for existing state laws concerning beneficiaries in retirement systems. By permitting the designation of special needs trusts, the bill aims to adapt the retirement system to the needs of modern families, particularly those with dependents requiring ongoing financial support due to disability or special needs. This change is expected to enhance the financial stability of such families and streamline the process of managing retirement benefits for those with special needs, making it easier for retirees to allocate resources effectively.

Summary

House Bill 4676 aims to amend the Code of West Virginia, specifically sections related to the Public Employees Retirement System. The bill allows retirees to designate a special needs trust as a beneficiary of their retirement benefits. This modification seeks to provide added support for retirees who have dependents with special needs, allowing them to ensure that their benefits continue to support these dependents after their death. The bill defines specific terms related to special needs trusts and stipulates conditions under which this designation can occur, particularly post-retirement.

Sentiment

The sentiment surrounding HB 4676 appears to be generally positive, particularly among advocacy groups for individuals with disabilities and families of special needs dependents. Supporters of the bill see it as an essential step towards ensuring that retirees can provide for their loved ones even after their passing. However, there may be some concerns regarding the implementation of the bill and ensuring that the defined terms are clear enough to prevent any potential legal complications in the future.

Contention

Despite the overall support, there may be points of contention regarding the administrative aspects of implementing such trusts within the retirement system. Legislators and stakeholders may engage in discussions about the fiduciary responsibilities and legal responsibilities of managing special needs trusts compared to traditional beneficiary designations. Additionally, there may be varying opinions on how this bill aligns with existing policies and whether further adjustments are necessary to fully accommodate these changes within the state's broader legislative framework.

Companion Bills

WV SB486

Similar To Allowing PERS retirees to designate special needs trust as beneficiary

Similar Bills

WV SB2004

Allowing retirants in PERS to designate irrevocable special needs trust as beneficiary

WV HB204

Allowing retirants in the Public Employees Retirement System to designate an irrevocable special needs trust as beneficiary

WV SB486

Allowing PERS retirees to designate special needs trust as beneficiary

WV SB64

Relating to WV Public Employees Retirement Act

WV SB270

Relating to employment benefits for public safety personnel

WV HB4540

To update all retirement plans to comport with federal law

WV SB549

Updating provisions of certain retirement and pension benefits

WV SB712

Relating to retirement provisions of systems managed by CPRB