West Virginia 2025 Regular Session

West Virginia House Bill HB3404

Introduced
3/17/25  

Caption

Relating to permitting a prosecuting attorney or an assistant prosecuting attorney to return to service after retirement without suspending or ending payments from his or her retirement annuity during such period of additional employment.

Impact

The proposed legislation reflects a growing recognition of the challenges faced by state agencies in filling certain key roles, particularly in law enforcement and legal aid positions. By permitting retired attorneys to work without penalizing their pensions, the bill could effectively mitigate the shortage of qualified personnel in the prosecutorial system. This move could ensure continuity and stability in legal proceedings and public prosecutions, benefiting the broader community. Furthermore, it may encourage other retired public servants to consider returning to work in similar capacities, further bolstering public services during times of personnel shortages.

Summary

House Bill 3404 aims to amend existing laws regarding the participation of retired prosecuting attorneys and assistant prosecuting attorneys in public service. The bill allows these retired personnel to return to work in their former roles without suspending or ending their retirement annuities. This change is intended to ease the process of reemployment for experienced legal professionals, thereby addressing the state's needs in public service, especially in the judicial sector. By enabling retired individuals to accept positions as assistant prosecuting attorneys without the risk of losing their pension benefits, the bill is designed to attract skilled personnel back into critical public service roles, enhancing the quality of legal services provided.

Sentiment

The sentiment surrounding HB 3404 appears generally supportive, particularly among those in the legal community and state employment sectors. Advocates for the bill argue that it provides a necessary mechanism to resolve staffing shortages and taps into the expertise of retired professionals. However, some may express concerns about the potential implications for the pension system and whether this flexibility might lead to greater demands on the retirement fund. While overall support is cited, cautious perspectives remain about how best to balance workforce needs against long-term sustainability of public retirement systems.

Contention

Key points of contention related to HB 3404 may stem from debates regarding the impact of allowing retirees to maintain their benefits while working. Critics may argue that facilitating reemployment without suspending pension payments could create inequities within the retirement system, where active employees are subjected to different rules. Others might raise concerns about the quality of public service attributing to reliance on retired rather than actively engaged professionals. Thus, the discussions about HB 3404 will likely involve careful consideration of long-term implications for the state's employment and retirement stances, alongside immediate staffing needs.

Companion Bills

No companion bills found.

Previously Filed As

WV HB2959

Relating to reemployment after retirement for certain legislative employees

WV SB451

Directing Prosecuting Attorneys Institute to make training available to certain new prosecuting attorneys

WV HB2917

Relating to allowing retired state employees who meet the minimum qualifications necessary, to render post-retirement employment with the Department of Health and Human Resources

WV SB166

WV Public Employees Retirement Act

WV SB299

WV Public Employees Retirement Act

WV SB582

Amending provisions of WV Public Employees Retirement Act

WV SB649

Clarifying per diem compensation for certain judges recalled to service

WV SB608

Relating to Emergency Medical Services Retirement System

WV HB5273

Relating to the Emergency Medical Services Retirement System and clarifying payment upon death of member with less than 10 years of contributory service

WV SB451

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

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