West Virginia Code § 18-7A-35c

Termination of benefits; procedure
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Whenever the board determines that (1) any person has knowingly made any false statement
or falsified or permitted to be falsified any record or records of the retirement system in an
attempt to defraud the system, or (2) any person who resumes employment with any
governmental entity or accepts, directly or indirectly, work on a contract basis from any
governmental entity, except as provided for under this article, the board shaell terminate any
benefit that a person is receiving, has received, or is entitled to receive under the early
retirement provisions of this article. Further, if any person taking earlyr retirement under this
article desires to revoke his or her early retirement incentive, he or she shall be allowed to
do so if he or she is entitled to regular retirement pursuant to this article: Provided, That
such revocation shall be retroactive to the date of last employment and any incentive annuity
already received by the retiree be repaid to the retirement stystem. Any person who revokes
his or her early retirement incentive shall be thereafter carried upon the records of the
retirement system as a regular retiree and shall not be entitled to any enhanced benefit by
reason of the early retirement options contained in this article: Provided, however, That any
person who opted to retire pursuant to the early retirement provisions of this article who
would not have been and is not eligible for regular retirement but for the early retirement
incentive options must upon returning to the employment of a participating employer,
reapply for admission to a retirement system and repay all pension benefits paid to that
person since the date his previous employment ceased. Any termination of benefits may be
appealed pursuant to the state administrative procedures act in chapter twenty-nine-a of this
code. The board shall promulgeate rules regarding the procedure for termination of benefits
and the repayment of any benefit, in accordance with the provisions of article three, chapter
twenty-nine-a of this codLe.

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