West VirginiaSB 7172026 Regular SessionSenateWALLET

Modifying disability and retirement benefits and procedures for municipal police and firefighters

Sponsored By: Mike Oliverio (Republican)

Signed by Governor

§8-22-24

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 0 costs, 3 mixed.

Bigger line of duty disability checks, capped

If your disability came from duty, your monthly pension is 60% of your salary when you were disabled or $500, whichever is higher. If you served on active military duty, add 1% for each year, up to 4% more. But your disability check plus monthly state workers’ comp cannot be more than 100% of the basic pay for your job at the time of disability. The cap applies if you became eligible on or after July 1, 1981. Lump-sum workers’ comp does not count unless it replaces monthly payments.

Earnings cut, filing eased for non‑line‑of‑duty disability

If your total disability was not in the line of duty, your check is cut $1 for every $3 you earn above $18,200 a year. There is no cut if your annual earned income is $18,200 or less. That $18,200 limit rises by the same percent as any state minimum wage increase. You must file a certified copy of your tax return each year by April 15 to show your earnings or unemployment. Beginning July 1, 2026, once you reach Social Security normal retirement age, you no longer need to give tax returns to keep receiving this benefit.

Switch from disability to retirement at 50

If you were disabled in service on or after July 1, 2015, were under 50, and had 21–30 years of service, you can ask to switch to a regular retirement when you turn 50. The board must approve the switch. If you switch, your supplemental benefit starts on July 1 after the second anniversary of your new retirement that began at or after age 50. Pension boards cannot reclassify a past non‑line‑of‑duty total disability as line‑of‑duty just to let someone use this age‑50 switch.

Sponsors & Cosponsors

Sponsor

Mike Oliverio
Republican • Senate

Cosponsors

Trenton Barnhart
Republican • Senate
Vince Deeds
Republican • Senate
Bill Hamilton
Republican • Senate
Eric Tarr
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 256 • No: 0

House vote • 3/12/2026

Passed House (Roll No. 437)

Yes: 95 • No: 0

House vote • 3/12/2026

Effective July 1, 2026 (Roll No. 438)

Yes: 95 • No: 0

Senate vote • 2/19/2026

Effective July 1, 2026 (Roll No. 149)

Yes: 33 • No: 0

Senate vote • 2/19/2026

Passed Senate (Roll No. 148)