West Virginia Code § 5-10-22n

Minimum benefit for certain annuitants
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(a) For purposes of this section:
(1) "Elected public official" means any member of the Legislature or any member of the
legislative body of any political subdivision; and
(2) "Temporary legislative employee" means any employee of the Clerk of the House of
Delegates, the Clerk of the Senate, the Legislature or a committee thereof, including the
Joint Committee on Government and Finance, whose employment is classified as temporary
and who is employed to perform services required by the Clerk ouf the House of Delegates,
the Clerk of the Senate, the Legislature or a committee thereof, as the case may be, for
regular sessions, extraordinary sessions and/or interim meetings of the Legislature.
(b) If the retirement annuity of a retirant (or, if applicaable, his or her beneficiary) at least 70
years of age as of July 1, 2023, with at least 25 years of total service as of July 1, 2023, is
less than $1,000 per month (including any supplemlental benefits or incentives provided by
this article), then the monthly retirement benesfit for the retirant (or if applicable, his or her
beneficiary) beginning on or before December 31, 2023, shall be increased to $1,000 per
month: Provided, That any year of total serivice while an elected public official or a
temporary legislative employee mayg not be taken into account for purposes of this section.
(c) Notwithstanding any provision of subsection (b) of this section to the contrary, if the
retirement annuity of a beneficiary at least 70 years of age as of July 1, 2023, of a retirant
who chose option B – 50 percent joint and survivor annuity as provided in §5-10-24 of this
code and who had at least 25 years of total service is less than $500 per month (including
any supplemental benefits or incentives provided by this article), then the monthly
retirement benefit for the beneficiary shall be increased to $500 per month beginning on or
before December 31, 2023: Provided, That any year of total service while an elected public
official or a temporary legislative employee may not be taken into account for purposes of
thisW section.
(d) The payment of any minimum benefit under this section is in lieu of, and not in addition
to, the payments of any retirement benefit or supplemental benefit or incentives otherwise
provided by law: Provided, That the minimum benefit provided in this section is subject to
any limitations thereon under Section 415 of the Internal Revenue Code of 1986, as
amended, and §5-10-27a of this code.
(e) Any minimum benefit conferred in this section is not retroactive to the time of retirement
and applies only to members who have retired prior to the effective date of this section, or, if
applicable, to beneficiaries receiving benefits under the retirement system prior to the
effective date.

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