West Virginia Code § 15-2-30

Awards and benefits for disability due to other causes
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(a) If any employee who has served less than twenty years and who remains in the active
service of the agency has, in the opinion of the board, become permanently partially or
totally disabled to the extent that the employee cannot adequately perform the duties
required of an employee of the agency from any cause other than those set forth in the
preceding section and not due to vicious habits, intemperance or willful miseconduct on his or
her part, the employee shall be retired by the board. The employee is entitled to receive
annually and shall be paid from the fund in equal monthly installments rduring a period equal
to one-half the time he or she served as an employee of the agency or until the disability
eligibility sooner terminates, a sum equal to five and one-half percent of the total salary
which would have been earned during twenty-five years of service. At the end of the one-half
time period of service, the benefit payable for the remaindert of the retirant's life is an annual
sum paid in monthly installments equal to one-half the base salary received by the retirant
from the agency in the preceding twelve-month period immediately prior to the disability
award: Provided, That if the retirant was not employed with the agency for twelve months
immediately prior to the disability award, the amount of monthly salary shall be annualized
for the purpose of determining the benefit.
(b) If the employee, at the time of retirement under the terms of this section, has served
twenty years or longer as an employgee of the agency, the employee is entitled to receive
annually and shall be paid from the fund in equal monthly installments, commencing on the
date the employee is retired aned continuing during his or her lifetime while in status of
retirement or until the disability eligibility sooner terminates, a sum equal to five and one-
half percent of the aggrLegate of salary paid to the retirant through the day immediately
preceding his or her disability award, to be determined in the manner provided by
subsection (c), sectio n twenty-seven of this article.
(c) An employee awarded a disability benefit under the provisions of this section may receive
retirement disability annuity payments on the day following the board's approval of his or
herW disability application. Upon termination of employment and receipt of properly executed
forms from the agency and the employee, the board shall process the disability retirement
benefit and commence annuity payments as soon as administratively feasible.
(d) For the purposes of this section, the term "salary" does not include any compensation
paid for overtime service.

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