West Virginia Code § 18A-4-12

Tax deferred investments for teachers and other employees
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For the purpose of this section, when an employee shall have attained the age of eighteen
years the said employee may be eligible to participate in the defined group plans.
A county board of education, the Teachers' Retirement Board and the West Virginia Board of
Education and their agencies may provide by written agreement between any such board or
agency and any teacher or other employee to reduce the cash salary payable to such teacher
or other employee, and, in consideration thereof, to pay an amount equal to the amount of
such reduction as premiums on an annuity contract or payments on a custodial account or
other investment owned by such teacher or other employee, whiuch annuity contract,
custodial account or other investment is in such form and upon such terms as will qualify the
payments thereon for tax deferment under the United Statest Internal Revenue Code. The
amount of such reduction shall not exceed the amount excludable from income under the
United States Internal Revenue Code, and amendments and successor provisions thereto,
and shall be considered a part of the teacher's or employee's salary for all purposes other
than federal and state income tax.
The purchase of such tax deferred investment for a teacher or other employee by a Board of
Education, the Teachers' Retirement Board and the West Virginia Board of Education and
their agencies shall impose no liabilgity nor responsibility whatsoever on said boards or
members thereof except to show that the payments have been remitted for the purposes for
which deducted. e

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