West Virginia 2023 Regular Session

West Virginia Senate Bill SB450

Introduced
1/24/23  
Refer
1/24/23  
Engrossed
2/8/23  
Refer
2/9/23  
Refer
2/9/23  
Refer
2/21/23  
Enrolled
3/7/23  
Passed
3/23/23  

Caption

Defining medical examination for disability purposes in retirement plans administered by Consolidated Public Retirement Board

Impact

The enactment of SB450 is expected to align the disability evaluation process more closely across different retirement systems, potentially leading to a more equitable distribution of benefits among public employees. By standardizing the medical examination criteria, the bill aims to eliminate discrepancies that might arise from varying interpretations of medical fitness across agencies. Legislators believe this could also enhance accountability among the agencies administering these retirement plans, ensuring that only eligible individuals receive benefits post-evaluation.

Summary

Senate Bill 450, passed on March 7, 2023, focuses on defining 'medical examination' within the context of disability retirement benefits for various public employee retirement systems in West Virginia. This bill amends multiple sections of the state code that govern the disability retirement processes for various public safety and education sectors, intending to create a standardized approach to evaluating retirement applications based on medical conditions. The bill mandates that all awards and benefits be linked to a formal medical examination conducted by qualified physicians as designated by the retirement boards.

Sentiment

Overall, sentiment towards SB450 was positive among legislators, particularly those connected to public service sectors, as it is viewed as a progressive step towards structuring a fairer retirement process. Advocates emphasize the importance of ensuring that those who have faithfully served in public roles receive appropriate evaluations and support when faced with disabilities. However, there are concerns from some stakeholders about the potential overreach of medical evaluations and how they may impact eligibility decisions for disability benefits. The balance of ensuring thorough evaluations while protecting employee rights remains a topic of discussion.

Contention

The primary points of contention surrounding SB450 relate to the interpretation of the medical examination definition and its potential implications for applicants seeking disability retirement. Concerns have been raised that increased scrutiny through standardized medical evaluations might delay or complicate the retirement process for those genuinely in need of benefits. Additionally, some fear that strict dependence on medical examination results could inadvertently exclude deserving candidates who might not meet specific medical benchmarks, thus impacting their financial and health security post-retirement.

Companion Bills

WV HB3234

Similar To Relating to disability retirement medical examinations of public employee retirement systems

Similar Bills

WV HB3234

Relating to disability retirement medical examinations of public employee retirement systems

WV SB712

Relating to retirement provisions of systems managed by CPRB

WV HB3180

Federal Compliance for public employee retirement status

WV SB874

Permitting current home confinement officers to participate in Emergency Medical Services Retirement System

WV SB35

Permitting campus police officers to participate in Deputy Sheriffs Retirement System

WV HB4613

Relating to increasing the multiplier for use in determining accrued benefit in the West Virginia Municipal Police Officers and Firefighters Retirement System.

WV HB216

Relating to increasing the multiplier for use in determining accrued benefit in the West Virginia Municipal Police Officers and Firefighters Retirement System

WV HB3242

Relating to the Emergency Medical Services Retirement System