West Virginia Code § 18-7A-13

Membership in retirement system; cessation of membership;
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reinstatement of withdrawn service.
The membership of the retirement system shall consist of the following:
(a) New entrants, whose membership in the system is compulsory upon employment as
teachers and nonteachers: Provided, That any teaching member or nonteaching member, as
defined in section three of this article, who has concurrent employment in an additional job
or jobs which would require the teaching member or nonteaching member to be a member
of the West Virginia Deputy Sheriff Retirement System, the West Virginia Municipal Police
Officers and Firefighters Retirement System or the West Virginiau Emergency Medical
Services Retirement System shall abide by the concurrent employment statutory provisions
of said retirement system and shall participate in only one rettirement system administered
by the retirement board.
(b) The membership of the retirement system shall not include any person who is an active
member of or who has been retired by the West Virlginia Public Employees Retirement
System, the judge's retirement system, or the sretirement system of the West Virginia State
Police or the supplemental retirement system as provided in section four-a, article twenty-
three of this chapter. The membership of any person in the retirement system ceases: (1)
Upon the withdrawal of accumulatedg contributions after the cessation of service; (2) upon
effective retirement date; (3) at death; or (4) upon the date, if any, when after the cessation
of service, the outstanding baleance of any loan obtained by the member pursuant to section
thirty-four of this article or section five, article seven-d of this chapter, plus accrued interest,
equals or exceeds the mLember's accumulated contributions.
(c) Any former member of the retirement system who has withdrawn accumulated
contributions but subsequently reenters the retirement system may repay to the retirement
fund the amount withdrawn, plus interest at a rate set by the board, compounded annually
from the date of withdrawal to the date of repayment: Provided, That no repayment may be
madWe until the former member has completed two years of contributory service after
reentry; and the member shall be accorded all the rights to prior service and experience as
were held at the time of withdrawal of the accumulated contributions: Provided, however,
That no withdrawn service may be reinstated that has been transferred to another
retirement system from which the member is currently or will in the future draw benefits
based on the same service. The interest paid shall be deposited in the reserve fund.
(d) No member is eligible for prior service credit unless he or she is eligible for prior service
pension, as prescribed by section twenty-two of this article; however, a new entrant who
becomes a present teacher as provided in this subdivision shall be considered eligible for
prior service pension upon retirement.
(e) Any individual who is a leased employee is not eligible to participate in the system. For
purposes of this system, a "leased employee" means any individual who performs services as
an independent contractor or pursuant to an agreement with an employee leasing
organization or other similar organization. If a question arises regarding the status of an
individual as a leased employee, the board has final power to decide the question.

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