Title 211 W. Va. C.S.R.

Municipal Pensions Oversight Board Municipal Pensions Oversight Board

Series 01 Policemen's and Firemen's Pensions Disability Calculation

W. Va. Code R. § 211-1-1 General

1.1. Scope. -- This legislative rule governs the methodology used to calculate disability pensions paid from the municipal policemens and firefighters pension plans.

1.2. Authority. -- W. Va. Code §8-22-18a(g).

1.3. Filing Date. -- March 28, 2014.

1.4. Effective Date. -- April 28, 2014.

W. Va. Code R. § 211-1-2 Definitions

2.1. Member means any paid police officer or firefighter participating in a municipal pension fund who has applied for disability retirement whos medical condition, injury, illness or mental condition qualifies that person unfit for duty under the standards set forth by National Fire Protection Association standard 1001 in effect at the time of the application for disability.

2.2. Salary or compensation means remuneration actually received by a member, plus the members deferred compensation under sections 125, 401(k), 414(h)(2) and 457 of the United States Internal Revenue Code of 1986, as amended: Provided, that the remuneration received by the member during any twelve-consecutive-month period used in determining benefits, which is in excess of an amount which is twenty percent greater than the average adjusted salary received by the member in the two consecutive twelve-consecutive-month periods immediately preceding the twelve-consecutive-month period used in determining benefits, shall be disregarded.

2.3. Year-one means the second twelve-consecutive-month period preceding the twelve-consecutive-month period used in determining benefits.

2.4. Year-two means the twelve-consecutive-month period immediately preceding the twelve-consecutive-month period used in determining benefits.

2.5. Year-three means the twelve-consecutive-month period used in determining benefits.

2.6. Active military duty means at least one full year of continuous, chronological military service.

2.7. Pension secretary means the person appointed by the policemens or firefighters pension board of trustees to keep a full and permanent record of all the proceedings of the board.

2.8. Municipal treasurer means the treasurer or other municipal officer, exercising the power and authority commonly exercised by a treasurer. The municipal treasurer is custodian and fund fiduciary of all the assets of the municipal policemens and firemens pension and relief funds.

2.9. Base salary means remuneration received by a member, exclusive of all overtime and other remuneration.

2.10. Total salary means all remuneration received by a member, including any deferred compensation.

W. Va. Code R. § 211-1-3 Qualified Military Experience

3.1. Members qualify for benefit enhancement for up to four years of qualified military experience. To meet the criteria for qualified military experience, a member shall:

3.1.1. have been on active military duty;

3.1.2. have received an honorable discharged from the United States armed forces; and

3.1.3. if the member is returning to employment following active duty:

3.1.2.a. present himself or herself for resumption of duty to the appointing municipal officer within six months from his or her date of discharge, or within two years if the member has been hospitalized for, or was convalescing from, an illness or injury incurred in, or aggravated during military service; and

3.1.3.b. be accepted by two medical examiners, at least one of which is appointed by the oversight board, as being mentally and physically capable of performing the required duties as a member of the paid police or fire department at the time of hire or resumption of duty.

W. Va. Code R. § 211-1-4 Total and Temporary Disability and Total and Permanent Disability Calculations

4.1. The pension secretary and the municipal treasurer shall independently determine the monthly amount paid to a member awarded a total and temporary or total and permanent disability in accordance with the provisions of West Virginia Code §8-22-24, and shall calculate the members salary or compensation in accordance with West Virginia Code §8-22-16(d). Specifically the monthly sum to be paid to each member eligible for disability received as a proximate result of service rendered in the performance of his or her duties under the provisions of West Virginia Code §8-22-23a shall be equal to sixty percent of the monthly salary being received by the member, at the time he or she is disabled, or the sum of five hundred dollars per month, whichever is be greater. The pension secretary and the municipal treasurer shall compare their independently arrived at calculations to ensure their accuracy.

4.2. The following formulas shall be used to calculate disability awards:

4.2.1. Year one adjusted salary = year three base salary ÷ year one base salary x year 1 total salary

4.2.2. Year two adjusted salary = year three base salary ÷ year two base salary x year 2 total salary

4.2.3. Average adjusted salary = (year one adjusted salary + year two adjusted salary) x 50%

4.2.4. One hundred twenty percent of average adjusted salary = average adjusted salary x 120%

4.2.5. Annual salary = the lesser of one hundred twenty percent (120%) of average adjusted salary or year three total salary

4.2.6. Monthly salary = annual salary ÷ 12

4.2.7. If a member does not have qualifying military experience, then monthly disability salary = monthly salary x 60%

4.2.8. If a member does not have qualifying military experience, the member shall receive the amount calculated in subdivision 4.2.7 of this subsection, or $500.00 per month, whichever amount is greater

4.2.9. If a member has one year of qualifying military experience, then monthly disability salary = monthly salary x 61%

4.2.10. If a member has one year of qualifying military experience, the member receives the amount calculated in subdivision 4.2.9 of this subsection, or $500.00+ 1% of monthly salary, whichever amount is greater

4.2.11. If a member has two years of qualifying military experience, then monthly disability salary = monthly salary x 62%

4.2.12. If a member has two years of qualifying military experience, the member receives the amount calculated in subdivision 4.2.11 of this subsection, or $500.00+ 2% of monthly salary, whichever amount is greater

4.2.13. If a member has three years of qualifying military experience, then monthly disability salary = monthly salary x 63%

4.2.14. If a member has three years of qualifying military experience, the member receives the amount calculated in subdivision 4.2.9 of this subsection, or $500.00+ 3% of monthly salary, whichever amount is greater

4.2.15. If a member has four or more years of qualifying military experience, then monthly disability salary = monthly salary x 64%

4.2.16. If a member has four or more years of qualifying military experience, the member receives the amount calculated in subdivision 4.2.15 of this subsection, or $500.00+ 4% of monthly salary, whichever amount is greater Table 211-1-4 of this rule provides a disability calculation scenario for use in subdivisions 4.2.1 through 4.2.16 of this subsection.

Table 211-1-4 211CSR1 211CSR1

Series 02 Exempt Purchasing

W. Va. Code R. § 211-2-1 General

1.1. Scope. -- This Legislative Rule is an explanation and clarification of operative procedures for the purchase of actuarial services and an independent reviewing actuary exempt from the WV Purchasing Division, §5A-3 et seq of the W. Va. Code pursuant to W. Va. Code §8-22-18a(b)(6) and §8-22-20(a).

1.2. Authority. -- W. Va. Code §8-22-18a(g) and §5A-1-12

1.3. Filing Date. -- June 4, 2026.

1.4. Effective Date. -- June 4, 2026.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect August 1, 2031.

W. Va. Code R. § 211-2-2 Definitions

2.1. “Bid” means anything that a vendor submits in response to a solicitation that constitutes an offer to the Board and includes, but is not limited to, documents submitted in response to request for quotations or proposals submitted in response to a request for proposals.

2.2. “Board” means the Municipal Pensions Oversight Board.

2.3. “Competitive Bidding” means the process by which individuals or firms compete for an opportunity to supply specified commodities and services by submitting an offer in response to a solicitation.

2.4. “RFP Committee” means a committee established by the Board comprised of 3-5 people of which one person must be a member of the Board and who serves as the Chairperson of the committee.

2.5. “RFQ Committee” means a committee established by the Board comprised of 3-5 people of which one person must be a member of the Board and who serves as the Chairperson of the committee.

2.6. “Direct Award” means procurement method that allows for the direct purchase of commodities or services when it is believed that only one vendor can supply the needed commodity or service under the circumstances.

2.7. “Executive Director” means the Executive Director of the Municipal Pensions Oversight Board.

2.8. “Municipal Pensions Oversight Board” refers to the body created in W. Va. Code §8-22-18a.

2.9. “Request for Proposals (RFP)” means a best value procurement tool used to acquire professional and other services where the scope of work may not be well defined, and cost is not the sole factor in determining the award. All criteria by which the bidders will be evaluated must be contained within the bid document.

2.10. As used in this rule, the following terms have the same meaning as provided in W. Va. Code §5A-1-1 and 5A-3-1 et seq., and as follows:

2.11. "Contract" means an agreement between a state spending unit and a vendor relating to the procurement of commodities or services, or both.

2.12. "Request for Quotations (RFQ)" means a solicitation for a bid where cost is the primary factor in determining the award.

2.13. "Responsible bidder" means a vendor who has the capability to fully perform the contract requirements, and the integrity and reliability which will assure good-faith performance.

2.14. "Vendor" means any person or entity that may, through contract or other means, supply the state or its subdivisions with commodities or services, and lessors of real property.

2.15. “wvOASIS” refers to the statewide accounting system which is used by vendors and the Board to procure goods and services.

W. Va. Code R. § 211-2-3 Bid Evaluation

3.1. From the time a requisition is submitted via wvOASIS for public advertisement until an award is made, evaluators are not permitted to communicate with vendors about the solicitation or any component thereof without prior approval of the Chairperson or Executive Director of the Board.

3.2. When the Request for Quotations process is used, competitive bids are received, properly evaluated and an award is made to the lowest responsible bidder meeting specifications.

3.3. After a proper evaluation, if an award is made to a responsible bidder other than the lowest responsible bidder, a thorough written justification signed by the evaluator(s) must be inserted into the file and retained for public record and inspection.

3.4. When the Request for Proposals process is used, the technical aspect of the bid will be subjectively evaluated by the RFP committee using knowledge and experience. The cost portion of the bid will only be opened if the vendor scores at least 70% of possible points on the technical portion of the bid. The cost portion will be evaluated objectively, similarly to the process for evaluating an RFQ.

3.5. Occasionally two or more bids of equal terms and dollar amount are received in response to a solicitation, thus, resulting in a tie bid. If multiple awards are not made, then the tie bid(s) must be resolved. When tie bids are received, the Chairperson of the RFQ Committee shall break the tie by allowing the tied vendors to make a best and final offer, flip of a coin, draw of the cards or any other impartial method considered prudent by the Chairperson.

3.6. If an error is discovered by the vendor or the Board, the burden of proof and timely action for request for relief is the vendor’s responsibility. The request for relief must be made in writing by the vendor and received by the Chairperson of the RFQ Committee or the RFP Committee within five business days from the bid opening date.

3.7. If there is a conflict between the extension (total) price and the unit price in the bid, the unit price prevails.

W. Va. Code R. § 211-2-4 Rejection of Bids

4.1. The RFP committee or the RFQ committee has the authority to reject a bid after opening according to the following criteria:

4.1.1. The bid is received after the designated date and time;

4.1.2. The bid is non-responsive; fails to conform to the solicitation in all material respects;

4.1.3. An error was made;

4.1.4. The error materially affected the bid;

4.1.5. Rejection of the bid would not cause a hardship on the Board other than losing an opportunity to receive goods or services at a reduced cost;

4.1.6. Enforcement of the part of the bid in error would be unconscionable.

W. Va. Code R. § 211-2-5 Protests

5.1. Any protest based on a bid specification must be submitted no later than 5 working days prior to bid opening. Any protest of a purchase order or contract award must be submitted no later than 5 working days after the award. The vendor is responsible for knowing the bid opening and award dates. Any protest received after these dates may be rejected at the option of the Chairperson of the RFP or the RFQ Committee.

5.2. Any post award protest must be submitted in writing to the Board and contain the following information:

5.2.1. The name and address of the protestor;

5.2.2. The requisition, solicitation, purchase order or contract numbers;

5.2.3. A statement of the grounds of protest;

5.2.4. Supporting documentation, if necessary; and

5.2.5. The resolution or relief sought.

5.3. Failure to submit this information shall be grounds for rejection of the protest by the Chairperson of the Board.

W. Va. Code R. § 211-2-6 Protest Review

6.1. Any protest is to be filed with the Executive Director of the Board. Responsibility to deliver any protest remains with the vendor.

6.2. The Chairperson of the Board and the Executive Director shall, with the advice of legal counsel, review the matter of protest and issue a written decision.

W. Va. Code R. § 211-2-7 Remedies

7.1. If a vendor fails to honor any contractual term or condition, the Executive Director may: (a) Cancel the contract and re-award the purchase order to the next lowest bidder. The vendor failing to honor contractual obligations is responsible for all differences in cost; (b) Declare a vendor non-responsible or non-responsive and refuse to award a purchase order. All such instances shall be substantiated in writing. The documentation shall be considered a public document and shall be available for inspection at all reasonable times.

W. Va. Code R. § 211-2-8 Sole Source Procurement

8.1. The Executive Director may approve the purchase of actuarial services and/or actuarial audit services directly from a vendor without competitive bidding, if any of the following conditions exist:

8.1.1. the item cannot be obtained through ordinary purchasing procedures;

8.1.2. the item is unique and not available from any other source; or

8.1.3. The item is available from a State spending unit or other institution with preference under the West Virginia Code, provided the price, availability, and quality are comparable to those in the open market.

8.2. The intent for a sole source award will be publicly advertised and made available for review by registered bidders. Should this advertisement cause inquiry and concern or requests to bid by prospective bidders or other interested parties, the Executive Director may:

8.2.1. reject the sole source and move forward with a formal bidding;

8.2.2. approve the sole source; or

8.2.3. take other action as necessary.

W. Va. Code R. § 211-2-9 Emergency Awards

9.1. The Executive Director or an appointed designee shall issue a purchase order for emergency purchases. An "Emergency Situation" requiring a purchase of actuarial commodities, services or printing must be the result of unforeseen events or circumstances, including delays by contractors, delays in transportation, or an unanticipated volume of work. Emergency purchases are not used for hardship resulting from neglect, poor planning, or lack of organization by the spending unit. Competitive bids shall be obtained if possible.

Series 03 Actuarial Purchasing Exemption

W. Va. Code R. § 211-3-1 General

1.1. Scope. – This procedural rule is to ensure certain controls and accountabilities are in place for the purchase of goods and services exempt from §5A-3 et seq.

1.2. Authority. – W.Va. Code §5A-1-12 and §8-22-18a(g)

1.3. Filing Date. – July 13,2026

1.4. Effective Date. – August 13,2026

W. Va. Code R. § 211-3-2 Definitions

2.1. “Bid” means anything that a vendor submits in response to a solicitation that constitutes an offer to the Board and includes, but is not limited to, documents submitted in response to request for quotation, proposals submitted in response to a request for proposal or proposals submitted in response to an expression of interest.

2.2. “Board” means the Municipal Pensions Oversight Board.

2.4. “Direct Award” means procurement method that allows for the direct purchase of commodities or services when it is believed that only one vendor can supply the needed commodity or service under the circumstances.

2.5. “Emergency” means a purchase made when unforeseen circumstances arise, including delays by contractors, delays in transportation and unanticipated volume of work.

2.6. “Executive Director” means the Director of the Municipal Pensions Oversight Board.

2.7. “Municipal Pensions Oversight Board” refers to the body created in W. Va. Code §8-22-18a.

2.8. “Pre-bid Conference” means a meeting between vendors and agency personnel which offers an opportunity to emphasize and clarify critical aspects of a solicitation, eliminates misunderstanding, and permits vendor input. Vendor attendance may be mandatory or voluntary as specified in the bid document.

2.10. “Staff” includes any person employed by the Board, including the Procurement Officer.

2.11. As used in this rule, the following terms have the same meaning as provided in West Virginia Code §5A-1-1 and 5A-3-1 et seq., and as follows:

2.12. "Contract" means an agreement between a state spending unit and a vendor relating to the procurement of commodities or services, or both.

2.13. "Request for quotations" means a solicitation for a bid where cost is the primary factor in determining the award.

2.14. "Responsible bidder" means a vendor who has the capability to fully perform the contract requirements, and the integrity and reliability which will assure good-faith performance.

2.15. "Vendor" means any person or entity that may, through contract or other means, supply the state or its subdivisions with commodities or services, and lessors of real property.

2.16. “wvOASIS” refers to the statewide accounting system which is used by vendors and the Board to procure goods and services.

W. Va. Code R. § 211-3-3 Purchasing Requirements

3.1. All purchases of goods and services by the Municipal Pensions Oversight Board are subject to expenditure approval by either the Executive Director or by the Board Chair, after Board action at a legally authorized Board meeting. Purchases of actuarial services and purchases of actuarial services to review the existing actuary’s work are specifically exempted from §5A-3 et seq of WV Code pursuant to WV Code §8-22-18(a)(b)(6) and §8-22-20(a).

3.2. Requirement for exempted purchases less than $50,000 will be procured as follows:

3.2.1. $0 $5,000 No bids required

3.2.2. $5,000.01 $20,000 Obtain three (3) verbal bids.

3.2.3. $20,000.01 $50,000.00 Obtain three (3) written bids.

3.3. Requirements for exempted purchases over $25,000. $50,000.

3.3.1. Staff develops specifications for the needed services.

3.3.2. The RFP/RFQ is submitted to the Board at a sanctioned board meeting for review and approval.

3.3.3. An RFP/RFQ committee is established of 3-5 people of which one person must be a member of the Board who serves as the Chair of the committee.

3.3.4. Members of the committee are required to sign a form stating they have no conflicts of interest.

3.3.5. The RFP/RFQ shall include:

3.3.5.a. The date and time of a pre-bid meeting (at the discretion of the RFP Committee).

3.3.5.b. The method of delivery and location for responses.

3.3.5.c. The date, time, and location of the public opening of RFP responses.

3.3.5.d. The method and time constraint in which a vendor may protest the award.

3.3.5.e. The criteria for scoring the responses, if applicable. For example, the technical response may be valued at 70 points and the cost sheet valued at 30 points. The scoring criteria is at the discretion of the Board and may not be the same for every RFP.

3.3.6. Bid opportunities are publicly advertised by wvOASIS.

3.3.7. RFP/RFQ responses are to be sealed until the time of the public opening. The wvOASIS system will release the responses to the MPOB at such time.

3.3.8. Late bids will not be accepted.

3.3.9. Awards are made to the lowest responsible bidder, meeting all specifications, of an RFQ and/or the highest score earned in an RFP response.

3.3.10. Each member of the RFP/RFQ committee is to review and score, if applicable, all responses, oral presentations, if applicable, and cost estimates.

3.3.11. The RFP/RFQ committee makes a recommendation of award to the full Board. 3.3.12.The Board reviews and approves the recommendation made by the RFP/RFQ committee.

W. Va. Code R. § 211-3-4 Award

4.1. Staff prepares intent to award and notifies all responsible bidders.

4.2. The protest period begins and is set for 5 business days.

4.3. If no protests are filed, the award is continued.

4.4. Staff prepares a contract with the successful bidder. Submits the contract to legal counsel for review.

4.5. Legal counsel reviews the proposed contract and negotiates with vendor’s counsel if needed to comply with West Virginia state law. Staff receives final contract from legal counsel.

4.6. Staff sends two (2) original final contracts to successful vendor for signatures.

4.7. Staff submits two (2) original vendor signed contracts to the Chairperson of the Municipal Pensions Oversight Board or, if authorized, the Executive Director for signature.

4.8. Chairman of the Board or Executive Director signs two (2) original final contract documents.

4.9. The final contract is loaded in wvOASIS for subsequent payments.

4.10. Staff submits one (1) fully executed contract to the successful vendor which serves as the official notice to proceed.

4.11. Staff retains one (1) fully executed contract for record.

4.12. A timely notice will be sent to unsuccessful vendors via wvOASIS.