West Virginia Senate Bill SB444

West Virginia 2022 Regular Session

• Introduced: 1/20/22
• Refer: 1/20/22

Caption

Providing that retirement benefits are not subject to execution

Impact

The bill also addresses the issue of deductions for group insurance, allowing retirees to authorize their pension trustees to withhold payments necessary for maintaining their insurance coverage after retirement. Furthermore, it outlines specific provisions related to setoffs for fraud, permitting entities to claim against the benefits if there’s evidence of embezzlement or misconduct from the member, retiree, or beneficiary. An important provision included in this bill is related to domestic relations orders, allowing benefits to be subject to 'qualified domestic relations orders' as defined by federal tax law. This could be crucial in divorce settlements when pension benefits are addressed.

Summary

Senate Bill 444 is focused on amending the Code of West Virginia to establish protections around retirement benefits for individuals. Specifically, it provides that the rights to retirement benefits are not subject to execution, attachment, garnishment, or any processes related to bankruptcy or insolvency. This ensures that individuals' pension wealth remains safe from being taken by creditors under most circumstances. Additionally, the bill prohibits assignments of these benefits, aiming to safeguard them from claims that could diminish the resources available to retirees.

Sentiment

The general sentiment around SB444 appears supportive, particularly among those advocating for financial security in retirement. Supporters argue that the protections put in place by this bill will significantly contribute to the financial well-being of retirees and their dependents, thus emphasizing the need for safeguarding retirement assets from creditors. However, it may also prompt discussions about responsible financial management among public employees, especially concerning cases of fraud or embezzlement, where the bill allows for claim setoffs.

Contention

While the bill seems to have garnered support, points of contention may arise regarding its implications for domestic relations orders and the provision regarding fraud setoffs. Some advocates for beneficiaries might raise concerns about the stringent measures that could prevent individuals from accessing funds under certain circumstances, particularly regarding family law where pension benefits might be considered marital property. Overall, SB444 appears to strike a balance between providing strong protections for retirees while still allowing for accountability in cases of financial misconduct.