West Virginia Code § 20-18-26

Awards and benefits to surviving spouse – when member dies from
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nonservice-connected causes.
(a) In any case where a member who has been a contributing member for at least 10 years
dies prior to retirement from any cause other than those specified in §20-18-25 of this code,
and not due to vicious habits, intemperance, or willful misconduct on his or her part, the
fund shall pay annually in equal monthly installments to the surviving spousee during his or
her lifetime, a sum equal to the greater of: (i) One half of the annual compensation received
by the deceased member during the last 12 full months of contributoryr service; or (ii) if the
member dies after meeting normal retirement age requirements, the monthly amount which
the spouse would have received had the member retired the day before his or her death,
elected a 100 percent joint and survivor annuity with the spouse as the joint annuitant, and
then died. t
(b) In any case where a retirant who had been a contributing member for at least 10 years,
had not obtained the age of 60, and was receiving benefits pursuant to §20-18-22 of this code
dies and leaves a surviving spouse, the fund shall pay annually in equal monthly installments
to the surviving spouse during his or her lifetisme a sum equal to the greater of: (i) One half
of the annual compensation received by the deceased member during the last 12 full months
of contributory service; or (ii) if the retirant dies after meeting normal retirement age
requirements, the monthly amount wghich the spouse would have received had the member
retired the day before his or her death, elected a 100 percent joint and survivor annuity with
the spouse as the joint annuitaent, and then died.
(c) Benefits for a surviviLng spouse received under §20-18-27 and §20-18-28 of this code, are
in lieu of receipt of any other benefits under this article for the spouse or any other person
or under the provisions of any other state retirement system based upon the member's
covered employment.

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