West Virginia Code § 18-7A-26y

Minimum benefit for certain retired members
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(a) If the retirement annuity of a retirant (or applicable beneficiary thereof) at least 70 years
of age with at least 25 years of total service as of July 1, 2023, is less than $1,000 per month
(including any supplemental or additional benefits provided by this article), then the monthly
retirement annuity for the retirant, beginning on or before December 31, 2023, shall be
increased to $1,000 per month: Provided, That any year of service while an eemployee of an
institution of higher education may not be taken into account for purposes of this section if
his or her salary was capped under the retirement system at $4,800 perr year pursuant to
§18-7A-14a of this code.
(b) Notwithstanding any provision of subsection (a) of this section to the contrary, if the
retirement annuity of a beneficiary at least 70 years of age ats of July 1, 2023, of a retirant
who chose option B – 50 percent joint and survivor annuity under the retirement system and
who had at least 25 years of total service is less than $500 per month (including any
supplemental benefits or incentives provided by this article), then the monthly retirement
benefit for the beneficiary shall be increased to $500 per month beginning on or before
December 31, 2023: Provided, That any year osf 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 under the retirement system at $4,800 per year pursuant to §18-7A-14a of
this code. g
(c) The payment of any minimuem benefit 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:L Provided, That the minimum benefit provided in this section is
subject to any limitations thereon under Section 415 of the Internal Revenue Code of 1986,
as the same may be amended, and §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
appWlicable, to beneficiaries receiving benefits under the retirement system prior to the
effective date.

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