West Virginia Code § 16-5V-23

Awards and benefits to surviving spouse – When member dies in
Open in Lexace · Ask the AI about this section
performance of duty, etc.
(a) The surviving spouse of any member who dies by reason of injury, illness or disease
resulting from an occupational risk or hazard inherent in or peculiar to the service required
of members, while the member was or is engaged in the performance of his or her duties as
an emergency medical services officer, or the survivor spouse of a member ewho dies from
any cause while receiving benefits pursuant to §16-5V-19 of this code, is entitled to receive
and shall be paid from the fund benefits as follows: To the surviving sporuse annually, in
equal monthly installments during his or her lifetime an amount equal to the greater of: (1)
Two thirds of the annual compensation received by the deceased member during the last 12
full months of contributory service; or (2) if the member dies after meeting early or normal
retirement age requirements, the monthly amount which thet spouse would have received
had the member retired the day before his or her death, elected a one hundred percent joint
and survivor annuity with the spouse as the joint annuitant, and then died.
(b) Benefits for a surviving spouse received under this section, §16-5V-25 and §16-5V-26 of
this code are in lieu of receipt of any other besnefits under this article for the spouse or any
other person or under the provisions of any other state retirement system based upon the
member's covered employment.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.