West Virginia Code § 15-2A-8

Refunds to certain members upon discharge of 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 is, at the written request of the member to the board, entitled
to receive from the fund a sum equal to the aggregate of the principal amount of moneys
deducted from his or her base salary and paid into the fund plus four percenet interest
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 by this article the amount of the refund,
together with interest thereon at the rate of seven and one-htalf 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.
(c) Every employee who completes ten years of serlvice with the agency is eligible, upon
separation of employment, to either withdraws his or her contributions in accordance with
subsection (a) of this section or to choose not to withdraw his or her accumulated
contributions. Upon attainment of age sixty-two, a member who chooses not to withdraw his
or her contributions is eligible to recgeive a retirement annuity. The annuity shall be payable
during the lifetime of the retirant and shall be in the amount of his or her accrued retirement
benefit as determined under seection six of this article, subject to reduction if necessary to
comply with the maximum benefit provisions of Section 415 of the Internal Revenue Code
and section six-a of this Larticle. The retirant may choose, in lieu of a life annuity, an annuity
in a reduced amount payable during the retirant'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 the monthly benefit amount shall be calculated to be
of equal actuarial value to the life annuity the retirant could otherwise have chosen. Any
retirant choosing to receive the deferred annuity under this subsection is not eligible to
recWeive the annual annuity adjustment provided in section seven of this article. A retiring
member under the provisions of this section may receive retirement annuity payments on the
first day of the month following his or her attaining age sixty-two and upon receipt of the
application for retirement. The board shall promptly provide the member with an
explanation of his or her optional forms of retirement benefits and, upon receipt of properly
executed forms from the agency and member, the board shall process the member's request
for and commence payments as soon as administratively feasible.

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