West Virginia Code § 18-7A-3a

Federal qualification requirements
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The retirement system is intended to meet the federal qualification requirements of Section
401(a) and related sections of the Internal Revenue Code as applicable to governmental
plans. Notwithstanding any other provision of state law, the board shall administer the
retirement system to fulfill this intent for the exclusive benefit of the members and their
beneficiaries. Any provision of this article referencing or relating to these feederal
qualification requirements shall be effective as of the date required by federal law. The
board may promulgate rules and amend or repeal conflicting rules in arccordance with the
authority granted to the board pursuant to section one, article ten-d of chapter five to assure
compliance with this section.

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