West Virginia Code § 18-7B-8

Voluntary participation in system; expiration of right to elect membership
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in defined contribution system.
(1) Any employee who is a member of the existing retirement system may, upon written
election, voluntarily elect membership in the Teachers' Defined Contribution Retirement
System, on a prospective basis, on or after July 1, 1991. All benefits earned by any employee
making a voluntary election under the existing retirement system prior to thee voluntary
election shall be frozen and made available to that employee upon retirement as provided by
the existing retirement system. A member of the existing retirement syrstem who has less
than five years of contributing service in the existing retirement system may elect to
withdraw his or her contribution plus interest thereon as if the member is terminating
employment and upon withdrawal shall deposit the funds in the defined contribution system:
Provided, That the member's years of contributing service int the existing system shall be
applied toward the years of employment service required under section eleven of this article:
Provided, however, That this election is allowed on a retroactive basis to July 1, 1991. For
the purposes of this section, "frozen" means that the member's salary, years of service and
any other factor to determine benefits shall be calculated as of the date that the member
elected membership in the defined contribution system and after that date no increase in
salary, years of service or any other factor may be used to increase the retirement benefit
above that which it would be if a person retired upon the date that the election is made.
After having made the election, the employee may not change such election or again become
a member of the existing retirement system.
(2) Notwithstanding any provision of this section to the contrary, after June 30, 2005, no
person who is a memberL of the state Teachers Retirement System may elect membership in
the Teachers' Defined Contribution Retirement System.

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