West Virginia Code § 15-2-37

Refunds to certain employees upon discharge or resignation; deferred
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retirement.
(a) Any employee who is discharged by order of the superintendent or otherwise terminates
employment with the agency, at the written request of the member to the board, is entitled
to receive from the fund a sum equal to the aggregate of the principal amount of moneys
deducted from his or her salary and paid into the fund plus four percent inteerest
compounded thereon calculated annually as provided and required by this article.
(b) Any member withdrawing contributions who may thereafter be reemployed by the
agency shall not receive any prior service credit in the fund on auccount of former service.
The employee may redeposit in the fund established in article two-a of this chapter the
amount of the refund, together with interest thereon at the rtate of seven and one-half
percent per annum from the date of withdrawal to the date of redeposit, in which case he or
she shall receive the same credit on account of his or her former service as if no refund had
been made. He or she shall become a member of the retirement system established in article
two-a of this chapter.
(c) Every employee who completes ten years of service with the agency is eligible, upon
separation of employment, either to withdraw his or her contributions in accordance with
subsection (a) of this section or to chgoose not to withdraw his or her accumulated
contributions with interest. Upon attainment of age sixty-two, a member who chooses not to
withdraw his or her contributieons is eligible to receive a retirement annuity. Any member
choosing to receive the deferred annuity under this subsection is not eligible to receive the
annual annuity adjustmeLnt provided in section twenty-seven-a of this article. When the board
retires any member under any of the provisions of this section, the member is entitled to
receive annually and shall be paid from the fund in equal monthly installments during the
lifetime of the member while in status of retirement one or the other of two amounts,
whichever is greater, subject to reduction if necessary to comply with the maximum benefit
provisions of Section 415 of the Internal Revenue Code and section forty-four of this article:
(1) An amount equal to five and one-half percent of the aggregate of salary paid to the
employee during the whole period of service as an employee of the agency; or
(2) The sum of $6,000.
(d) A member may choose, in lieu of a life annuity available under the provisions of
subsection (c) of this section, an annuity in a reduced amount payable during the member's
lifetime, with one half of the reduced monthly amount paid to his or her surviving spouse, for
the spouse's remaining lifetime after the death of the retirant. Reduction of this monthly
benefit amount shall be calculated to be of equal actuarial value to the life annuity the
member could otherwise have chosen.
(e) A member retiring under the provisions of this section may receive retirement annuity
payments on the day following his or her attaining age sixty-two. Upon receipt of properly
executed forms from the agency and the member, the board shall process the member's
retirement benefit and commence annuity payments as soon as administratively feasible.

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