West Virginia Code § 18-7A-26w

Minimum benefit for certain retired members
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(a) If the retirement annuity of a retirant (or applicable beneficiary thereof) with at least 25
years of total service is less than $750 per month (including any supplemental or additional
benefits provided by this article), then the monthly retirement annuity for the retirant shall
be increased to $750 per month: Provided, That any year of service while an employee of an
institution of higher education may not be taken into account for purposes oef this section if
his or her salary was capped under the retirement system at $4,800 per year pursuant to
§18-7A-14a of this code. r
(b) Notwithstanding the provisions of subsection (a) of this sectioun to the contrary, if the
retirement annuity of a beneficiary of a retirant who chose option B – 50% joint and survivor
annuity as provided in §162-4-5.1.3 and who had at least 25 tyears of credited service as of
the effective date of this section is less than $375 per month (including any supplemental
benefits or incentives provided by this article), then the monthly retirement benefit for the
beneficiary shall be increased to $375 per month: Provided, That any year of service while
an employee of an institution of higher education may not be taken into account for purposes
of this section if his or her salary was capped sunder the retirement system at $4,800 per
year pursuant to §18-7A-14a of this code.
(c) The payment of any minimum begnefit under this section is in lieu of, and not in addition
to, the payments of any retirement annuity or supplemental or additional benefits otherwise
provided by this article: Provideed, That the minimum benefit provided in this section is
subject to any limitations thereon under §415 of the Internal Revenue Code of 1986, as the
same may be amended, Land §18-7A-28a of this code.
(d) Any minimum benefit conferred in this section is not retroactive to the time of retirement
and applies only to members who have retired prior to the effective date of this section, or, if
applicable, to beneficiaries receiving benefits under the retirement system prior to the
effective date.

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