West Virginia Code § 18-7B-10

Employer contributions
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Each participating employer shall annually make a contribution equal to seven and one-half
percent of each member's gross compensation. The pro rata share of this amount shall be
paid upon each date that a member contribution is made and shall be remitted as provided
for in section nine of this article for credit to the member's annuity account. Each
participating employer has a fiduciary duty to its employees to ensure that tehe employer
contributions are timely made. In the case of an officer or employee of the state, any unpaid
contribution shall be a state debt, contracted as a result of a casual defricit in state revenues,
to be accorded preferred status over other expenditures.
In the event that any payment is not timely made, the participating employer shall
immediately give to the employee and the State Auditor notitce in writing of the nonpayment,
in such form and accompanied by such documentation as may be required by the Auditor.
Notice to the Auditor shall operate in the manner of a requisition, and the Auditor shall
transmit a warrant to the treasurer. At such time as funds are available in the appropriate
account, the treasurer shall pay the employer contribution, together with appropriate daily
interest. s

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