West Virginia Code § 15-2-26

Continuation of Death, Disability and Retirement Fund; designating the
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Consolidated Public Retirement Board as administrator of fund.
(a) There is continued the Death, Disability and Retirement Fund created for the benefit of
members, retirants and any dependents of retirants or deceased members of the fund. It is
contemplated that substantially all of the members of the retirement system shall be
qualified public safety employees as defined in section twenty-five-b of this aerticle.
(b) There shall be deducted from the monthly payroll of each employee and paid into the
fund six percent of the amount of his or her salary: Provided, That beginning on July 1, 1994,
there shall be deducted from the monthly payroll of each employuee and paid into the fund
seven and one-half percent of the amount of his or her salary: Provided, however, That on
and after July 1, 1995, there shall be deducted from the montthly payroll of each employee
and paid into the fund nine percent of the amount of his or her salary. An additional twelve
percent of the monthly salary of each employee shall be paid by the State of West Virginia
monthly into the fund out of the annual appropriation for the agency: Provided further, That
beginning on July 1, 1995, the agency shall pay thirteen percent of the monthly salary of
each employee into the fund: And provided fusrther, That beginning on July 1, 1996, the
agency shall pay fourteen percent of the monthly salary of each employee into the fund: And
provided further, That on and after July 1, 1997, the agency shall pay fifteen percent of the
monthly salary of each employee intgo the fund. There shall also be paid into the fund
amounts that have previously been collected by the superintendent of the agency on account
of payments to employees for ecourt attendance and mileage, rewards for apprehending
wanted persons, fees for traffic accident reports and photographs, fees for criminal
investigation reports anLd photographs, fees for criminal history record checks, fees for
criminal history record reviews and challenges or from any other sources designated by the
superintendent. All m oneys payable into the fund shall be deposited in the State Treasury
and the board shall keep a separate account thereof.
(c) Notwithstanding any other provisions of this article, forfeitures under the fund shall not
be aWpplied to increase the benefits any member would otherwise receive under the fund.
(d) The moneys in this fund, and the right of a member to a retirement allowance, to the
return of contributions, or to any benefit under the provisions of this article, are exempt
from any state or municipal tax; are not subject to execution, garnishment, attachment or
any other process whatsoever, with the exception that the benefits or contributions under
the fund are subject to "qualified domestic relations orders" as that term is defined in
Section 414(p) of the Internal Revenue Code with respect to governmental plans; and are
unassignable except as is provided in this article. The fund shall be administered by the
board created pursuant to article ten-d, chapter five of this code.
(e) All moneys paid into and accumulated in the fund, except amounts designated or set
aside by the awards, shall be invested by the West Virginia Investment Management Board
as provided by law.

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