West Virginia 2023 Regular Session

West Virginia Senate Bill SB458

Introduced
1/24/23  
Refer
1/24/23  
Report Pass
2/9/23  
Engrossed
2/17/23  
Refer
2/20/23  
Refer
2/20/23  
Refer
2/21/23  
Enrolled
3/6/23  
Passed
3/23/23  

Caption

Setting rate of interest on delinquent retirement contribution submissions

Impact

The passage of SB458 effectively reinforces the financial responsibilities of employers towards public retirement contributions, establishing a more stringent compliance mechanism. It enhances the accountability of participating employers by allowing state authorities to withhold funds due to the employers until the delinquent amounts, along with any applicable interest, are satisfied. Moreover, the bill enforces that once an employer begins participation in the retirement system, they cannot withdraw their participation without legislative action, thus maintaining stability in the retirement fund contributions necessary for securing benefits for public employees.

Summary

Senate Bill 458 aims to amend current regulations concerning the Consolidated Public Retirement Board in West Virginia. Specifically, it introduces provisions for setting the rate of interest on delinquent retirement contribution submissions by employers participating in the retirement plan. The bill specifies that if an employer fails to make the necessary retirement system payments for 60 days post due date, the Consolidated Public Retirement Board will certify the delinquency to the appropriate county and state entities. The rate of interest for such delinquency will be based on the actuarial interest rate assumption applicable to the retirement plan, thereby ensuring that employers face a financial consequence for late payments.

Sentiment

Overall, the sentiment surrounding SB458 appears to be largely supportive, particularly among legislators who favor fiscal responsibility and accountability for public employers. The absence of opposing votes during the voting process indicates a consensus on the need for stricter measures to ensure timely retirement contributions. The unanimous approval of the bill reflects a shared understanding of the importance of maintaining robust public pension systems and the implications of employer delinquency on retirement security.

Contention

However, the bill may lead to discussions about the implications of such increased oversight and regulation of employer actions regarding public retirement contributions. While proponents argue that these changes are necessary to protect the integrity of retirement funds, any future debates may focus on how these measures affect employer flexibility and the potential burden on smaller employers who may face challenges in meeting financial obligations consistently. The legislative action required for an employer to withdraw from the retirement system could also be scrutinized in terms of its practicality and the extent to which it ensures employee security.

Companion Bills

WV HB3241

Similar To Setting the rate of interest on delinquent retirement contribution submissions

Previously Filed As

WV HB3241

Setting the rate of interest on delinquent retirement contribution submissions

WV SB61

Establishing contribution holiday for certain public retirement plans

WV HB4524

Reducing the rate of interest on delinquent property taxes

WV SB451

Relating to Teachers Retirement System and Teachers’ Defined Contribution Retirement System

WV HB3236

Relating to the Teachers Retirement System and the Teachers’ Defined Contribution Retirement System

WV HB3237

Ensure the retirement contributions, and delinquency charges if applicable, of charter school employees are paid upon school closure or by a successor

WV SB641

Requiring Consolidated Public Retirement Board to set contributions to Deputy Sheriff's Retirement System

WV HB4341

Raising retirement rate for Deputy Sheriff’s Retirement System

WV SB453

Ensuring retirement contributions and delinquency charges of charter school employees be paid upon school closure or by successor

WV HB4611

Raising retirement rate for Deputy Sheriff’s Retirement System

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