WeVote
Log In

Bill

Bill

SB 717

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

2026 Regular Session Introduced by Trenton Barnhart and 3 co-sponsors

Allows disabled municipal police/firefighters under 50 with enough service to convert to regular retirement after 50, with reporting and offset adjustments.

Chapter 204, Acts, Regular Session, 2026
#municipalities #retirement
0
WeVote Research Nonpartisan
Bill Summary · SB 717

Overview

Senate Bill 717 (SB 717) from the 2026 West Virginia Regular Session modifies disability and retirement benefits and procedures for municipal police and firefighters who participate in municipal pension plans overseen by the Municipal Pensions Oversight Board. The act, enacted and effective July 1, 2026, introduces specific changes to how disability benefits can transition to regular retirement benefits, and adjusts reporting requirements for certain disability recipients once they reach Social Security normal retirement age.

Main purpose and intent

  • To adjust disability pension administration for municipal police and firefighters, particularly regarding when and how a disabled member can reassess and convert a disability pension to a regular retirement pension.
  • To streamline post-disability administration by removing a tax return reporting requirement for certain disabled members once they reach Social Security normal retirement age.
  • To align disability benefit offsets with wage and employment income in certain scenarios, and to adjust a future automatic increment tied to minimum wage changes.

Key provisions and changes

  1. Disability pension base

    • Disability benefits for eligible members remain calculated as 60% of the member’s current monthly salary at the time of disability, or a minimum of $500 per month, whichever is greater (existing framework retained).

  2. Conversion to regular retirement (age 50 proxy path)

    • For those who became disabled due to duty under §8-22-23a, are under age 50 at disablement, and have 21–30 years of service, the member may petition after reaching age 50 to begin receiving the regular retirement pension instead of the disability pension.
    • When a conversion from disability to regular retirement occurs, the supplemental benefit start date resets to the first day of July following the second anniversary of the start of the regular pension, after the member reaches age 50.
    • The bill clarifies that a board cannot retroactively change a total disability granted not in the line of duty into a line-of-duty-related disability merely to qualify for a regular retirement at age 50.

  3. Income cap and offsets

    • For disability benefits awarded on or after July 1, 1981 (not in-the-line-of-duty disability), monthly disability payments may not exceed 100% of the basic compensation for the position, when combined with state workers’ compensation benefits.
    • Lump-sum workers’ compensation payments are only counted if they are commuted values of monthly benefits.

  4. Military service credit

    • For members who served in the U.S. armed forces and are receiving disability benefits as of July 1, 1986, an additional 1% per year of active duty service is added, up to a maximum of 4%, on top of the disability benefit.

  5. Total disability incurred not in the line of duty (TDNILD) – offset and reporting

    • Beginning April 1, 1991, TDNILD disability benefits are subject to an offset for self-employment or other employment income: $1 offset for every $3 of income, with exemptions.
    • Tax return reporting is required annually (or as specified) to document unemployment or income from self-employment or other employment, with an exemption if annual income is $18,200 or less.
    • Beginning July 1, 2026, a member who previously qualified for TDNILD and has attained Social Security normal retirement age is no longer required to provide tax returns to continued receipt of TDNILD benefits.

  6. Automatic increment tied to minimum wage

    • The $18,200 income cap for offset purposes automatically increases when the state minimum wage increases, by the same percentage as the minimum wage increase.

Affected parties and entities

  • Municipal police and firefighters who participate in municipal pension plans under the oversight of the Municipal Pensions Oversight Board.
  • Pension boards of trustees for policemen’s and firemen’s pension funds.
  • Recipients of disability benefits, TDNI LD benefits, and those eligible for conversion to regular retirement.

Procedural and timeline notes

  • Effective July 1, 2026.
  • Provisions interacting with Social Security retirement age and the timing of conversion to regular retirement have specific date triggers (age 50, second anniversary, July 1 dates).
  • The act aligns with prior laws on disability, retirement, and offsets, while adding new requirements and exemptions as described.

Overall, SB 717 clarifies when and how disabled municipal police and firefighters can transition to regular retirement, adjusts reporting and offsets for TDNILD benefits, and introduces an automatic adjustment mechanism tied to minimum wage changes.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.