West Virginia Code § 18-7A-23

Withdrawal and death benefits
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(a) Benefits upon withdrawal from service prior to retirement under the provisions of this
article shall be as follows:
(1) A contributor who withdraws from service for any cause other than death, disability or
retirement shall, upon application, be paid his or her accumulated contributions up to the
end of the fiscal year preceding the year in which application is made, after offset of any
outstanding loan balance, plus accrued loan interest, pursuant to section thirty-four of this
article, but in no event shall interest be paid beyond the end of five years following the year
in which the last contribution was made: Provided, That the contuributor, at the time of
application, is then no longer under contract, verbal or otherwise, to serve as a teacher; or
(2) Except as provided in section twenty-five-b of this article, if the inactive member has
completed twenty years of total service, he or she may elect to receive at age sixty an
annuity which shall be computed as provided in this article: Provided, That if the inactive
member has completed at least five, but fewer thanl twenty, years of total service in this
state, he or she may elect to receive at age sixsty-two an annuity which shall be computed as
provided in this article. The inactive member must notify the retirement board in writing
concerning the election. If the inactive member has completed fewer than five years of
service in this state, he or she shall gbe subject to the provisions as outlined in subdivision (1)
of this subsection.
(b) Benefits upon the death of a contributor prior to retirement under the provisions of this
article shall be paid as follows:
(1) If the contributor was at least fifty years old and if his or her total service as a teacher or
nonteaching member was at least twenty-five years at the time of his or her death, then the
surviving spouse of the deceased, provided the spouse is designated as the sole primary
refund beneficiary, is eligible for an annuity computed as though the deceased were actually
a reWtirant at the time of death and had selected a survivorship option which pays the spouse
the same monthly amount which would have been received by the deceased; or
(2) If the facts do not permit payment under subdivision (1) of this subsection, then the
following sum shall be paid to the refund beneficiary of the contributor: (A) The contributor's
accumulated contributions up to the plan year of his or her death plus an amount equal to
his or her member contributions: Provided, That the latter sum shall emanate from the
Employer's Accumulation Fund; and (B) the refund beneficiary of any individual who became
a member of the retirement system as a result of the voluntary transfer contemplated in
article seven-d of this chapter shall also be paid the member contributions plus the vested
portion of employer contributions made on his or her behalf to the Teachers' Defined
Contribution Retirement System, plus any earnings thereon, as of June 30, 2008, as stated
by the retirement board.

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