West Virginia Code § 18-7A-28

Options to beneficiaries; change of certain options because of divorce or
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annulment; limitation on recalculated monthly benefits.
The retirement board is hereby authorized to offer plans, optional with the beneficiary, for
the payment of allowances due such beneficiary for retirement, withdrawal or prior service
pensions under the retirement system. No plans shall be offered, however, which are not
approved by competent actuaries. e
When a beneficiary and his or her spouse have been approved for a retirement plan which
provides for them a joint life annuity, and their marriage is subsequently dissolved, the
board shall permit such beneficiary to convert to the maximum luife annuity plan approved by
the board: Provided, That the beneficiary shall furnish to the board proof of entry of a final
decree of divorce or annulment: Provided, however, That a bteneficiary who qualifies for the
change of retirement plans afforded by this section shall be permitted only one such change:
Provided further, That the recalculated monthly benefits, independently of increases granted
by law after the beneficiary's retirement, shall not exceed the monthly benefits which would
have been applicable under the maximum life annuity plan at the time the beneficiary
retired; and with such recalculation to be effesctive on the first day of the month following
submission to the board by the beneficiary of proof of entry of a final decree of divorce or
annulment.
Upon remarriage, a retirant may name the new spouse as an annuitant for any of the
survivorship retirement benefiet options offered by the provisions of this section: Provided,
That the beneficiary shall furnish to the retirement board satisfactory proof of the marriage:
Provided, however, ThaLt the retirant certifies under penalty of perjury that no qualified
domestic relations order that would restrict such a designation is in effect: Provided further,
That no cause or action against the board may then arise or be maintained on the basis of
having permitted the retirant to name a new spouse as annuitant for any of the survivorship
retirement benefit options. The value of the new survivorship annuity shall be the actuarial
equivalent of the retirant's benefit prospectively in effect at the time the new annuity is
elecWted.

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