West VirginiaSB 10352026 Regular SessionSenateWALLET

Relating to Judges' Retirement System

Sponsored By: Mike Oliverio (Republican)

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§51-9-6§51-9-6A§51-9-6B§51-9-6C§51-9-6DHouse Finance

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 5 benefits, 0 costs, 0 mixed.

Higher survivor payments for judges’ spouses

Qualifying surviving spouses receive 50% of the judge’s office salary each year, up from 40%. The salary base is the office held at the judge’s death, resignation, or retirement. The judge must have been eligible for retirement at death or served at least five years as a sitting judge. Coverage applies when the judge dies in office or after resigning or retiring under the retirement system. Payments rise or fall with judicial salaries and end when the spouse dies or remarries.

More retirement options for newer judges

Judges first appointed or elected after July 1, 2005, gain access to the main retirement path. That path requires at least 14 years as a sitting judge, in addition to its age and service requirements. An alternate path provides a pension at age 65 after at least 12 full years as a sitting judge. Judges using this option must have made required fund payments for every month served. This lifetime pension is based on 16 years of credited service, reduced using pension calculations; the law does not specify the reduction amount.

Judges’ children gain salary-linked survivor payments

For judges first appointed or elected after July 1, 2005, dependent-child payments now follow the general salary-based rule. The law removes the final-average-salary limit and the ban on increases tied to judicial pay raises. Payments rise or fall with judicial salaries, with all eligible children together capped at 40% of the applicable salary. Benefits require no surviving spouse, or the death of a spouse receiving benefits who leaves the judge’s dependent children. Payments continue until age 18, or age 23 while the child remains a full-time student.

Judges’ pension increase limits are removed

The law removes a statutory section limiting increases in judges’ retirement benefits. It also repeals a section governing adjusted annual retirement benefit calculations. The provided text does not explain the old calculation rules or establish how much or when individual payments change.

Courts pause payments into judges’ pensions

West Virginia courts stop making employer contributions while the judges’ pension fund’s funded ratio is at least 150%. Contributions resume when that ratio falls below 150%. This reduces courts’ required payments during the pause; it does not directly change household benefits.

Sponsors & Cosponsors

Sponsor

Mike Oliverio
Republican • Senate

Cosponsors

Joey Garcia
Democratic • Senate
Tom Takubo
Republican • Senate
Mike Woelfel
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 64 • No: 0

Senate vote • 3/2/2026

Passed Senate (Roll No. 284)

Yes: 32 • No: 0

Senate vote • 3/2/2026

Effective July 1, 2026 (Roll No. 285)