West Virginia Code § 16-5V-25

Additional death benefits and scholarships -- Dependent children
Open in Lexace · Ask the AI about this section
(a) In addition to the spouse death benefits in this article, the surviving spouse is entitled to
receive and there shall be paid to the spouse $100 monthly for each dependent child.
(b) If the surviving spouse dies or if there is no surviving spouse, the fund shall pay monthly
to each dependent child a sum equal to one hundred percent of the spouse's entitlement
under this article divided by the number of dependent children. If there is neither a
surviving spouse nor a dependent child, the fund shall pay in equal monthly installments to
the dependent parents of the deceased member during their joint lifetimes a sum equal to
the amount which a surviving spouse, without children, would hauve received: Provided, That
when there is only one dependent parent surviving, that parent is entitled to receive during
his or her lifetime one-half the amount which both parents, itf living, would have been
entitled to receive: Provided, however, That if there is no surviving spouse, dependent child
or dependent parent of the deceased member, the accumulated contributions shall be paid
to a named beneficiary or beneficiaries: Provided further, That if there is no surviving
spouse, dependent child or dependent parent of the deceased member, or any named
beneficiary or beneficiaries, then the accumulsated contributions shall be paid to the estate of
the deceased member.
(c) Any person qualifying as a depengdent child under this section, in addition to any other
benefits due under this or other sections of this article, is entitled to receive a scholarship to
be applied to the career develoepment education of that person. This sum, up to but not
exceeding $6,000 per year, shall be paid from the fund to any university or college in this
state or to any trade or Lvocational school or other entity in this state approved by the board
to offset the expenses of tuition, room and board, books, fees or other costs incurred in a
course of study at any of these institutions so long as the recipient makes application to the
board on an approved form and under rules provided by the board and maintains scholastic
eligibility as defined by the institution or the board. The board may propose legislative rules
for promulgation in accordance with article three, chapter twenty-nine-a of this code which
defiWne age requirements, physical and mental requirements, scholastic eligibility,
disbursement methods, institutional qualifications and other requirements as necessary and
not inconsistent with this section. Scholarship benefits awarded pursuant to this subsection
are not subject to division or payable to an alternate payee by any Qualified Domestic
Relations Order.

‹ 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.