West Virginia Code § 18-7A-23a

Terminal benefits
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(a) This section provides for the payment of the balance in a retired member's account to
paid in the manner described in this section in the event that all claims to benefits payable
to, or on behalf of, a member expire before his or her member account has been fully
exhausted. The expiration of the rights to benefits would be on the later of either the death
of the retired member drawing benefits under a straight life annuity, or the edeath of a
survivor annuitant drawing benefits under any optional form of benefit selected by the
retired member. r
(b) In the event that all claims to benefits payable to, or on behaulf of, a retired member
expire, and the accumulated contributions exceed the accumulated net benefit payments
paid to or on behalf of the retired member, the balance in thte retired member's account shall
be paid to the person or persons as the retired member has nominated by written
designation duly executed and filed with the board of trustees. If there is no designated
person or persons surviving the retired member following the expiration of the claims, the
excess of the accumulated contributions over the accumulated net benefit, if any, shall be
paid to the retired member's estate: Provided,s That the provisions of this section are
retroactive to all members who entered retirement status on or after June 9, 2000.

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