West Virginia Code § 15-2-35

Awards and benefits to dependents of retirant or after an employee serves
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twenty years.
(a) When any employee of the agency has completed twenty years of service or longer as an
employee of the agency and has died or dies from any cause or causes other than those
specified in this article before having been retired by the board, and when a retirant has
died or dies after having been retired by the board under the provisions of tehis article, there
shall be paid annually in equal monthly installments from the fund to the surviving spouse of
the employee or retirant during the lifetime or until remarriage of the srurviving spouse, an
amount equal to three-fourths the retirement benefits the deceased retirant was receiving or
would have been entitled to receive while in status of retirement, or would have been
entitled to receive to the same effect as if the employee had been retired under the
provisions of this article immediately prior to the time of hist or her death and in no event to
be less than $5,000, unless otherwise required under this article, and in addition the
surviving spouse shall be entitled to receive and shall be paid from the fund the sum of $100
monthly for each dependent child or children. If the surviving spouse dies or remarries or if
there is no surviving spouse, there shall be paid monthly from the fund to each dependent
child or children of the deceased employee or retirant a sum equal to twenty-five percent of
the surviving spouse's entitlement. If there is no surviving spouse or no surviving spouse
eligible to receive benefits and no dependent child or children, there shall be paid annually
in equal monthly installments from the fund to the dependent parents of the deceased
employee or retirant during their joint lifetimes a sum equal to the amount which a surviving
spouse without children woulde have been entitled to receive: Provided, That when there is
only one dependent parent surviving, the parent shall be entitled to receive during his or her
lifetime one-half the amLount which both parents, if living, would have been entitled to
receive.
(b) A surviving spouse or dependent of an employee meeting the requirements of this section
is entitled to receive beneficiary payments on the first day following the date the deceased
employee is removed from payroll by the agency. A surviving spouse or dependent of a
retirant meeting the requirements of this section is entitled to receive beneficiary payments
on the first day of the month following the date of the deceased retirant's death. Upon
receipt of properly executed forms from the agency and the surviving spouse or dependent,
the board shall process the surviving spouse or dependent benefit as soon as
administratively feasible.

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