West Virginia Code § 18-7A-28d

Rollovers and transfers to purchase service credit or repay withdrawn
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contributions.
(a) This section applies to rollovers and transfers as specified in this section made on or after
January 1, 2002. Notwithstanding any provision of this article to the contrary that would
otherwise prohibit or limit rollovers and plan transfers to this system, the retirement system
shall accept the following rollovers and plan transfers on behalf of a membeer solely for the
purpose of purchasing permissive service credit, in whole or in part, as otherwise provided
in this article or for the repayment of withdrawn or refunded contributirons, in whole or in
part, with respect to a previous forfeiture of service credit as otherwise provided in this
article: (i) One or more rollovers within the meaning of Section 408(d)(3) of the Internal
Revenue Code from an individual retirement account described in Section 408(a) of the
Internal Revenue Code or from an individual retirement anntuity described in Section 408(b)
of the Internal Revenue Code; (ii) one or more rollovers described in Section 402(c) of the
Internal Revenue Code from a retirement plan that is qualified under Section 401(a) of the
Internal Revenue Code or from a plan described in Section 403(b) of the Internal Revenue
Code; (iii) one or more rollovers described in Section 457(e)(16) of the Internal Revenue
Code from a governmental plan described in Section 457 of the Internal Revenue Code; or
(iv) direct trustee-to-trustee transfers or rollovers from a plan that is qualified under Section
401(a) of the Internal Revenue Code, from a plan described in Section 403(b) of the Internal
Revenue Code or from a governmental plan described in Section 457 of the Internal Revenue
Code: Provided, That any rollovers or transfers pursuant to this section shall be accepted by
the system only if made in caseh or other asset permitted by the board and only in accordance
with the policies, practices and procedures established by the board from time to time. For
purposes of this article, Lthe following definitions and limitations apply:
(1) "Permissive servi ce credit" means service credit which is permitted to be purchased
under the terms of the retirement system by voluntary contributions in an amount which
does not exceed the amount necessary to fund the benefit attributable to the period of
service for which the service credit is being purchased, all as defined in Section 415(n)(3)(A)
of the Internal Revenue Code: Provided, That no more than five years of "nonqualified
service credit", as defined in Section 415(n)(3)(C) of the Internal Revenue Code, may be
included in the permissive service credit allowed to be purchased (other than by means of a
rollover or plan transfer), and no nonqualified service credit may be included in any such
purchase (other than by means of a rollover or plan transfer) before the member has at least
five years of participation in the retirement system.
(2) "Repayment of withdrawn or refunded contributions" means the payment into the
retirement system of the funds required pursuant to this article for the reinstatement of
service credit previously forfeited on account of any refund or withdrawal of contributions
permitted in this article, as set forth in Section 415(k)(3) of the Internal Revenue Code.
(3) Any contribution (other than by means of a rollover or plan transfer) to purchase
permissive service credit under any provision of this article must satisfy the special
limitation rules described in Section 415(n) of the Internal Revenue Code, and shall be
automatically reduced, limited or required to be paid over multiple years if necessary to
ensure such compliance. To the extent any such purchased permissive service credit is
qualified military service within the meaning of Section 414(u) of the Internal Revenue Code,
the limitations of Section 415 of the Internal Revenue Code shall be applied to such
purchase as described in Section 414(u)(1)(B) of the Internal Revenue Code.
(4) For purposes of Section 415(b) of the Internal Revenue Code, the annuale benefit
attributable to any rollover contribution accepted pursuant to this section shall be
determined in accordance with Treasury Regulation §1.415(b)-1(b)(2)(vr), and the excess, if
any, of the annuity payments attributable to any rollover contribution provided under the
retirement system over the annual benefit so determined shall be taken into account when
applying the accrued benefit limitations of Section 415(b) of the Internal Revenue Code and
section twenty-eight-a of this article. t
(b) Nothing in this section shall be construed as permitting rollovers or transfers into this
system or any other system administered by the retirement board other than as specified in
this section and no rollover or transfer shall be accepted into the system in an amount
greater than the amount required for the purcshase of permissive service credit or repayment
of withdrawn or refunded contributions.
(c) Nothing in this section shall be cgonstrued as permitting the purchase of service credit or
repayment of withdrawn or refunded contributions except as otherwise permitted in this
article. e

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