West Virginia Code § 5-10-18

Termination of membership; reentry
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(a) When a member of the retirement system retires, withdraws his or her accumulated
contributions, or dies, he or she ceases to be a member. When a member leaves the employ
of a participating public employer for any reason other than retirement or death, and
withdraws his or her accumulated contributions from the system, he or she ceases to be a
member and forfeits service credited to him or her at that time. If he or shee becomes
reemployed by a participating public employer he or she shall be reinstated as a member of
the retirement system and his or her credited service last forfeited by hrim or her shall be
restored to his or her credit: Provided, That he or she must be reemployed for a period of
one year or longer to have the service restored: Provided, however, That he or she returns to
the members' deposit fund the amount, if any, he or she withdrew from the fund, together
with reinstatement interest as set forth in the Board's Rule, tRefund, Reinstatement,
Retroactive Service, Loan And Employer Error Interest Factors, 162 C. S. R. 7, on the
withdrawn amount from the date of withdrawal to the date of repayment, and that the
repayment begins within two years of the return to employment and that the full amount is
repaid within five years of the return to employment. Any failure to repay the full amount in
accordance with this section shall be treated as an overpayment or excess contribution
subject to section forty-four of this article.
(b) The Prestera Center for Mental Hgealth Services, Valley Comprehensive Mental Health
Center, Westbrook Health Services and Eastern Panhandle Mental Health Center, and their
successors in interest, shall preovide for their employees a pension plan in lieu of the Public
Employees Retirement System during the existence of the named mental health centers and
their successors in interLest.
(c) The administrative bodies of the Prestera Center for Mental Health Services, Valley
Comprehensive Mental Health Center, Westbrook Health Services and Eastern Panhandle
Mental Health Center shall, on or before May 1, 1997, give written notice to each employee
who is a member of the Public Employees Retirement System of the option to withdraw from
or rWemain in the system. The notice shall include a copy of this section and a statement
explaining the member's options regarding membership. The notice shall include a
statement in plain language giving a full explanation and actuarial projection figures in
support of the explanation regarding the individual member's current account balance,
vested and nonvested, and his or her projected return upon remaining in the Public
Employees Retirement System until retirement, disability or death, in comparison with the
projected return upon withdrawing from the Public Employees Retirement System and
joining a private pension plan provided by the Community Mental Health Center and
remaining in the private pension plan until retirement, disability or death. The
administrative bodies shall keep in their respective records a permanent record of each
employee's signature confirming receipt of the notice.
(d) Effective March 1, 2003, and ending December 31, 2004, any member may purchase
credited service previously forfeited by him or her and the credited service shall be restored
to his or her credit: Provided, That he or she returns to the members' deposit fund the
amount, if any, he or she withdrew from the fund, together with interest on the withdrawn
amount from the date of withdrawal to the date of repayment at a rate to be determined by
the board. The repayment under this section may be made by lump sum or repaid over a
period of time not to exceed sixty months. Where the member elects to repay the required
amount other than by lump sum, the member is required to pay interest at the rate
determined by the board until all sums are fully repaid.
(e) Effective July 1,2005, and ending December 31, 2006, any emergency services personnel
may purchase service credit for the time period beginning January 1, 1r990, and ending
December 31, 1995: Provided, That the person was employed as an emergency service
person in this state for that time period: Provided, however, That any person obtaining
service credit under this subsection is required to pay the employee's share and the
employer's share upon his or her actual salary for the years tin question plus interest at the
assumed actuarial rate of return for the plan year being repurchased.
(f) Jobs for West Virginia's graduates and their successors in interest shall provide a pension
plan in lieu of the Public Employees Retirement System for employees hired on or after July
1, 2005. s
(g) Wetzel County Hospital and their successors in interest shall provide a pension plan in
lieu of the Public Employees Retiremgent System for employees hired on or after July 1, 2005.

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