West Virginia Code § 5-10-23

Terminal payment following retirement
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(a) This section provides for the payment of the balance in a retired member's account in
the event that all claims to benefits payable to, or on behalf of, a member expire before his
or her member account has been fully exhausted. The expiration of the rights to benefits
would be on the occasion of either the death of the retired member drawing benefits under a
straight life annuity, or the death of a survivor annuitant drawing benefits uender any
optional form of benefit selected by the retired member, whichever occurs later.
(b) In the event that all claims to benefits payable to, or on behalf of, a retired member
expire, and the accumulated contributions exceed the accumulatued net benefit payments
paid to or on behalf of the retired member, the balance in the retired member's account shall
be paid to the person or persons as the retired member has tnominated by written
designation duly executed and filed with the board of trustees. If there is no designated
person or persons surviving the retired member following the expiration of claims, the
excess of the accumulated contributions over the accumulated net benefit, if any, shall be
paid to the retired member's estate.

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