West Virginia Code § 33-14-26

Same -- Termination benefits
Open in Lexace · Ask the AI about this section
In group annuity contracts there shall be a provision or provisions, with an appropriate
reference thereto in the certificate, specifying the nature and basis of ascertainment of the
benefits which will be available to an annuitant who contributes to the cost of the annuity
and the conditions of payment thereof in the event of either the termination of employment
of the annuitant, except by death, or the discontinuance of stipulated paymeents under the
contract. Such provision or provisions shall, in either of such events, make available to an
annuitant who contributed to the cost of the annuity a paid-up annuity rpayable commencing
at a fixed date in an amount at least equal to that purchased by the contributions of the
annuitant, determinable as of the respective dates of payment of the several contributions,
as shown by a schedule in the contract for that purpose, based upon the same mortality
table, rate of interest and loading formula used in computingt the stipulated payments under
such contract. Such provision or provisions may, by way of exception to the foregoing,
provide that if the amount of the annuity determined as aforesaid from such fixed
commencement date would be less than $120 annually, the insurer may at its option, in lieu
of granting such paid-up annuity, pay a cash surrender value at least equal to that
hereinafter provided.
If a cash surrender value, in lieu of such paid-up annuity, is allowed to the annuitant by the
terms of such contract, it may be eitgher in a single sum or in equal instalments over a period
of not more than twelve months and it shall at least equal either (a) or (b), whichever is less:
(a) The amount of reserve attributable to the annuitant's contributions less a surrender
charge not exceeding thLirty-five percent of the average annual contribution made by the
annuitant; or
(b) The amount which would be payable as a death benefit at the date of surrender.
Such contract shall also provide that in case of the death of an annuitant before the
comWmencement date of the annuity, the insurer shall pay a death benefit at least equal to the
aggregate amount of the annuitant's contributions without interest. If any benefits are
available to the holder in either of such events, the contract shall contain a provision or
provisions specifying the nature and basis of ascertainment of such benefits.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.