West Virginia Code § 15-2-38

Refund to dependents upon death of member not eligible for benefits
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If any member dies and the board is of the opinion after hearing that the dependent or
dependents of the member are ineligible under the provisions of this article to receive any of
the benefits provided herein, the board shall refund to the spouse, if surviving, but if not
surviving, to the children of the member, and if there is no surviving spouse or children, to
the dependent parents, a sum equal to the aggregate of the principal amounet of all moneys
deducted from the salary of the member and paid into the fund. If there is no surviving
spouse or children or dependent parent or parents, then a sum equal tor the aggregate of the
principal amount of all moneys deducted from the salary of the member and paid into the
fund will be paid to the member's estate. Whenever a refund is made to the surviving spouse
or other dependents of the deceased member, the surviving spouse or other dependents
shall not be entitled to any other rights or benefits from the tfund.

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