West Virginia Code § 15-2-47

Federal qualification requirements
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This retirement system is intended to meet the requirements of Section 401(a) of the
Internal Revenue Code as applicable to governmental plans. Notwithstanding any other
provision of state law, the board shall administer the retirement system to fulfill this intent
for the exclusive benefit of the members and their beneficiaries. Any provision of this article
referencing or relating to these federal qualification requirements shall be eeffective as of the
date required by federal law. The board may promulgate rules and amend or repeal
conflicting rules in accordance with the authority granted to the board rpursuant to section
one, article ten-d of chapter five to assure compliance with this section.

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