Life Events

If you get married and would like to add your new spouse to your health care coverage, you’ll need to provide written notice to the Fund Office within 30 days of your marriage. You can use the Online Enrollment Form in the Participant Portal or send a completed Affidavit of Dependency, available on the Documents and Forms page of our website, along with a copy of your marriage certificate to:

West Virginia Laborers’ Trust Fund
One Union Square, Suite 200
Charleston, WV 25302-2352

Your spouse will be covered as of the date of your marriage and will become your beneficiary for your death and dismemberment benefits unless formally waived in writing.

If you get married after your enrollment in either Plan BB or Plan D and want to add coverage for your new spouse, you’ll need to provide written notice to the Fund Office within 30 days of your marriage. You can use the Online Enrollment Form in the Participant Portal or send a completed Affidavit of Dependency, available on the Documents and Forms page of our website, along with a copy of your marriage certificate to:

West Virginia Laborers’ Trust Fund
One Union Square, Suite 200
Charleston, WV 25302-2352

Your spouse’s coverage does not continue after your death; however, your spouse will be eligible to elect coverage through COBRA. Contact the Administrative Manager at (304) 342-5142 for more information.

If you get married, you’ll need to complete a new beneficiary form. You can use the Online Enrollment Form in the Participant Portal. By law, your spouse is automatically your beneficiary for Pension Fund and Profit Sharing Plan benefits. If you die, whether before or after you retire, your spouse (as your beneficiary) may be eligible to receive a benefit from the Plans.

If you’re married, your spouse is your beneficiary for your pension benefit. If you’re single, you can elect the single life annuity option.

You can elect to name someone other than your spouse to be your beneficiary for the Profit Sharing Plan, but your spouse must give consent by signing the beneficiary form, and the signing must be witnessed by a notary public. You’ll need your spouse’s written consent anytime you make a change to your beneficiary designation before your benefit payments begin, unless the change is to name your spouse as the sole beneficiary.

If you leave covered employment to enter any branch of the U.S. uniformed services, notify the Fund Office at (304) 342-5142. If you qualify, you and your dependents can continue coverage under the Plan for up to 24 months (less if your uniformed service is shorter). The Plan will pay for your coverage during this time.

If you stop working to enter the U.S. Armed Forces, you may be eligible to receive credit for your hours of service when you return to covered employment. To receive credit, you must satisfy the requirements of the Uniformed Services Employment and Reemployment Rights Act (USERRA).

If you leave covered employment to go into military service, you may be entitled to have contributions credited to your account for the eligible period of your service, in accordance with reemployment rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA) or other federal laws.

Your account will be credited, provided you return to your job promptly after your discharge. Participants on military leave must notify the Administrative Manager immediately upon return to covered employment.

If you divorce or legally separate, your former spouse will lose eligibility as of the end of the month of your divorce or legal separation. You or your former spouse must immediately notify the Administrative Manager in writing at:

West Virginia Laborers’ Trust Fund
One Union Square, Suite 200
Charleston, WV 25302-2352

You or your former spouse should notify the Administrative Manager of your divorce within 30 days so that your former spouse can elect COBRA continuation coverage for up to 36 months.

If there is a Qualified Medical Child Support Order (QMCSO) in place, the Plan may be required to continue coverage for your eligible children.

The Pension Fund and Profit Sharing Plans may be required to pay benefits to your ex-spouse or children if you divorce. There are two ways this can happen:

1. Your former spouse is still listed as your beneficiary. Your divorce or separation does not automatically revoke your beneficiary designation. Your ex-spouse will continue to be your beneficiary (and eligible for your retirement survivor benefits in the event of your death) until you change the beneficiary designation with the Administrative Manager.
2. Part or all of your benefit under the Plans may be distributed to your former spouse, child, or other dependent if required by a Qualified Domestic Relations Order (QDRO). A QDRO is a judgment, decree, or order that may give another party a right to all or some of your pension benefit. You can obtain a sample QDRO and a copy of the QDRO procedures from the Administrative Manager.

If you do not work enough hours to continue eligibility, you may be eligible for up to two different options that will allow you and your family to maintain coverage under the Plan (excluding weekly disability benefits) for 18 or 36 months depending on your circumstances. To qualify for the Direct Payment option, you must remain eligible for employment with contributing employers within the jurisdiction of the Plan.

If you do not qualify for this option or you choose not to select the Direct Payment option, your eligibility will end on the last day of the month in which you were last eligible.

When you lose eligibility, the Administrative Manager will mail you a COBRA packet. COBRA allows you to continue health coverage for yourself and/or your dependents for a minimum of 18 months.

The amount of the monthly Direct Payment and the monthly COBRA payments is determined by the Board of Trustees and is subject to change.

If you work in another jurisdiction, you’ll need to complete the online transfer form to transfer hours to or from the West Virginia Laborers’ Trust Fund. Note that working in another jurisdiction may increase your eventual pension and/or profit sharing benefit.

If you experience a financial hardship, you may be eligible to withdraw a portion of your Profit Sharing Plan account as a lump-sum payment. Eligible financial hardships include the following:

Applying for a Hardship Withdrawal

To apply for a withdrawal, contact the Fund Office at (304) 342-5142 for an application. You will need to provide valid evidence of the financial hardship with your application.

Since your Profit Sharing Plan is intended to help provide for you during your retirement, hardship withdrawals will only be permitted when a financial need cannot be satisfied by other reasonably available financial resources.

The amount withdrawn cannot be more than the amount necessary to satisfy the financial hardship plus the amount necessary to pay federal, state, and local income taxes and penalties reasonably expected to result from the withdrawal.

A hardship withdrawal is not eligible for rollover to an individual retirement account or an eligible employer plan, and mandatory 20% federal income tax withholding does apply to the withdrawal.

If you have at least one year of credited service and you become totally disabled and unable to work, you are eligible for weekly disability benefits. Weekly disability benefits provide a benefit of $200 from the eighth day of disability through the 13th week of disability.

You should complete and submit the claim form on our website called Disability Claim Form as soon as possible when you become disabled. A section of the form will require a physician’s statement. If you apply for Social Security disability benefits, you should provide that information to the Administrative Manager to receive additional weekly benefits after the 13th week (up to a maximum of 26 weeks at the rate of $150 per week).

If you become totally and permanently disabled before you retire, you may be eligible to receive a Disability Retirement Pension. To be eligible, you must become totally disabled prior to reaching age 62, have at least 10 years of credited service, and have worked at least 100 hours in covered employment in the year before your total disability.

Contact the Fund Office at (304) 342-5142 to request the necessary paperwork. You will need a disability determination from the Social Security Administration to qualify for the Disability Retirement Pension, and this process could be time consuming.

The Disability Retirement Pension is calculated in the same way as a Normal Retirement Pension but will not be less than $100 per month. If you are due retroactive payments, they will be made as one lump-sum payment.

If you become disabled (and you have received a disability determination from the Social Security Administration) before you turn 55, you are eligible to receive a distribution of your account. Complete the online form called Retirement, Disability, Termination of Employment Application/Instructions. Or, you can contact the Administrative Manager at (304) 342-5142 to request an application.

The Plan provides pre-Medicare and Medicare Supplement benefits for eligible retirees and their eligible dependents. If you are eligible and enroll in the pre-Medicare plan (“Plan BB”), you will have to pay a monthly self-contribution based on the number of years of service with the West Virginia Laborers’ Pension Trust Fund. If you have at least 50,000 hours of service at the time of your retirement, your retiree coverage is free.

If you are eligible and enroll in the Medicare Supplement Plan (“Plan D”), you will have a monthly self-contribution that is the same amount for everyone. If you have at least 50,000 hours of service at the time of your retirement, your retiree coverage is free.

When you decide to retire, you must submit an application form called Pension Application and Certification to the Administrative Manager. You can also call the Fund Office at (304) 342-5142 for the necessary form.

For Pre-Medicare Retirees

If you are eligible, you can enroll in the pre-Medicare plan (“Plan BB”). Your monthly contribution is based on the years of service you have with the West Virginia Laborers’ Pension Trust Fund. The longer your service, the lower your cost. If you have at least 50,000 hours of service at retirement, you and your spouse will have coverage at no cost to you.

For Medicare Retirees

If you are eligible and enroll in a Medicare Supplement Plan (“Plan D”), you will have a monthly self-contribution that is the same amount for everyone; however, if you have at least 50,000 hours of service at retirement, you and your spouse will have coverage at no cost to you.

The Board of Trustees determines the self-contribution amounts and adjusts them as needed. For the most recent amounts, call the Fund Office at (304) 342-5142. Keep in mind that if you have at least 50,000 hours of service at retirement, coverage for you and your spouse is provided at no cost to you.

Contact the Fund Office at (304) 342-5142 about 90 days before the date you wish to retire so that you can begin the process of applying for your pension benefit. If you’re eligible, you’ll receive a monthly payment from the Pension Fund throughout your retirement. The Plan offers four types of pensions for vested participants:

• A Normal Retirement Pension, generally payable when you reach age 62;
• An Early Retirement Pension, payable earlier than normal retirement age if you meet certain requirements;
• A Deferred Vested Pension if you are vested in the Plan but leave covered employment prior to normal retirement age; and
• A Disability Retirement Pension if you become totally and permanently disabled before you retire.

If the total value of your pension benefit is less than $5,000, you will receive your benefit as a single lump-sum payment.

The amount of your benefit is dependent on several factors: how long you’ve worked in covered employment, the type of pension you choose, your age at retirement, and whether you decide to provide a benefit for your spouse (and the amount of that benefit). Each type of pension and its requirements are outlined in your Summary Plan Description, available on the Documents and Forms section of our website under Pension.

To receive your pension, you must submit an application form called Pension Application and Certification to the Administrative Manager. Be extremely thorough when you complete your application. If you don’t check every box, it will delay your benefit. The Administrative Manager will have to return the forms to you, and you will need to resubmit the application until all information is complete and accurate.

Even if you’re still working, you cannot delay your benefit indefinitely. Depending on when you were born, whether you are working or not, you must start receiving your benefits either at age 70-1/2 or at age 72 or you may incur income tax penalties. Refer to your Summary Plan Description for more information.

Paying Tax on Your Pension Benefit

For federal income tax purposes, your pension benefit paid to you is taxable income when you receive it. State laws vary concerning whether retirement benefits are taxable income.

Contact the Fund Office at (304) 342-5142 so that you can begin the process of applying for a distribution from the Profit Sharing Plan. Complete the application form called Retirement, Disability, Termination of Employment Application/Instructions. Applications must be filed at least 30 days before your expected payment date.

Your benefit will be paid to you in a lump-sum payment if your account balance is $5,000 or less. If it’s higher than that, the balance will be paid to you in monthly installments as described below.

Monthly Installment Payments

You choose the amount ($100 minimum) of each of your monthly installment payments. Your benefit will be paid to you each month until your account balance has been distributed to you or for 10 years, whichever happens first. If you still have a balance after 10 years, you will receive it as a lump-sum payment.

While you’re receiving your monthly installment payments, you can file an election with the Administrative Manager to receive your remaining account balance as a lump sum.

If you die after payment of the monthly installment begins but before the balance has been paid to you, it will be paid in a lump-sum payment to your beneficiary.

Paying Taxes on Your Distribution

When you receive a distribution (including a withdrawal) from the Plan, the amount you receive will be subject to federal income tax. You may be able to elect special favorable tax treatment for the distribution or to postpone taxes on the distribution by making a rollover to an individual retirement account (“IRA”) or an eligible employer plan.

If you return to work in covered employment, your eligibility for retiree health coverage (either Plan BB or Plan D) will be terminated as of the last day of the month following the date the Administrative Manager receives a report of your covered employment.

You can become eligible for active coverage (Plan A) again if you meet the initial eligibility requirements, found in the Summary Plan Description. In the meantime, you and your covered dependents can continue coverage through COBRA continuation coverage for pre-Medicare coverage only.

If you die, your beneficiary will be eligible for a death benefit from the Plan. Your beneficiary must complete and submit the Beneficiary’s Statement Proof of Death form on the Documents and Forms page of the website to the Administrative Manager with a copy of your death certificate.

Your eligible dependents can elect to continue coverage through COBRA for up to 36 months if they make the required self-contributions on time.

Your eligible dependents can elect to continue coverage through COBRA for up to 36 months if they make the required self-contributions on time. Your dependents should contact the Fund Office at (304) 342-5142 for information.

Amount of the Preretirement Survivor Annuity

The amount of the preretirement survivor annuity is the amount that would have been payable to your spouse upon your death under the 100% joint and survivor annuity as though your annuity start date was the day before you died. Your spouse will receive a monthly benefit for the rest of his or her life. Your spouse will receive payments on the first day of the month following the later of:

• the first day your pension payments would have begun; or
• the date your spouse applies for the qualified preretirement survivor annuity and the application is approved.

If the value of your pension is $5,000 or less when you die, your spouse will receive the benefit as a lump-sum payment.

Lump-Sum Death Benefit

If you are vested but you die before you retire, your beneficiary will be eligible for a lump-sum death benefit.

If you are unmarried when you die, the benefit will be based on a percentage of your employer contributions for the years that you’ve worked in covered employment.

If you are married when you die, the amount of the benefit will be based on the greater of either the percentage of your employer contributions for the years you’ve worked in covered employment OR the actuarial equivalent present value of the qualified preretirement survivor annuity.

If Your Beneficiary Dies

If your beneficiary dies before you retire, be sure to elect a new beneficiary for your pension benefit.

If your spouse beneficiary dies after your pension payments have begun, your pension benefit will be increased to the amount it would have been if you had elected a single life annuity, effective the calendar month after your spouse’s death.

If You Die After Retirement

If you die after you retire and have been receiving pension payments, your spouse will continue to receive the percentage of your pension benefit (50%, 75%, or 100%) that you elected upon retirement.

If you are single when you die or you rejected the joint and survivor annuity, payments will stop at your death.

If you die before you receive a distribution of your account, your account will be distributed to your named beneficiary. If you are married, your spouse is automatically your beneficiary, unless he or she has formally waived this right in writing.

If the value of your account is $5,000 or less, or if you die after payment of the monthly installments begins, but before the distribution of the entire balance of your account, the balance of your account will be paid in a lump-sum payment to your beneficiary.

If the value is more than $5,000, the balance will be paid in monthly installments. While receiving monthly installment payments, your beneficiary can file an election with the Administrative Manager to receive the remaining balance of your account in a lump sum.

Paying Taxes on the Distribution

Your beneficiary has the option to have his or her distribution rolled over into an eligible retirement account or employer plan. If your beneficiary decides to roll over payments to an eligible retirement account, he or she will avoid the mandatory 20% federal income tax withholding that is due upon distribution.

If Your Beneficiary Dies

If your beneficiary dies after payment of the monthly installments begins, but before the distribution of the entire balance of your account, the balance of your account will be paid in a lump-sum payment to the beneficiary designated by your beneficiary, and if none, to the estate of the beneficiary.