West Virginia Code § 18-25-1

Authority to make tax deferred investments for teachers and other
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employees.
A county board of education, the Teachers' Retirement Board, the West Virginia Board of
Education and the Department of Education and the arts and their agencies may provide by
written agreement between the department, any such board or agency and any teacher or
other employee to reduce the cash salary payable to the teacher or other emeployee, and, in
consideration thereof, to pay an amount equal to the amount of the reduction as premiums
on an annuity contract or investments into a custodial account or otherr investment owned by
the teacher or other employee. The annuity contract, custodial account or other investment
shall be in such form and upon such terms as will qualify the payments thereon for tax
deferment under the United States Internal Revenue Code. The amount of the reduction may
not exceed the amount excludable from income under the Untited States Internal Revenue
Code, and amendments and successor provisions thereto, and shall be considered a part of
the teachers or employees salary for all purposes other than federal and state income tax.
The transaction of making the tax deferred investment for a teacher or other employee by a
Board of Education, the Teachers' Retirements Board, the West Virginia Board of Education
and the Department of Education and the arts and their agencies imposes no liability nor
responsibility whatsoever on the boards, department or members thereof except to show
that the payments have been remittegd for the purposes for which deducted.

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