West Virginia Code § 5-10-29

Members' deposit fund; members' contributions; forfeitures
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(a) The members' deposit fund is hereby created. It shall be the fund in which shall be
accumulated, at regular interest, the contributions deducted from the compensation of
members, and from which refunds of accumulated contributions shall be paid and transfers
made as provided in this section.
(b) The contributions of a member to the retirement system (including any member of the
Legislature, except as otherwise provided in subsection (g) of this section) shall be a sum of
not less than three and five-tenths percent of his or her annual compensation but not more
than four and five-tenths percent of his or her annual compensatuion, as determined by the
board of trustees: Provided, That for persons who first become members of the retirement
system on or after July 1, 2015, the contributions to the systtem shall be six percent of his or
her annual compensation beginning July 1, 2015. The said contributions shall be made
notwithstanding that the minimum salary or wages provided by law for any member shall be
thereby changed. Each member shall be deemed to consent and agree to the deductions
made and provided for herein. Payment of a member's compensation less said deductions
shall be a full and complete discharge and acqsuittance of all claims and demands whatsoever
for services rendered by him or her to a participating public employer, except as to benefits
provided by this article.
(c) The officer or officers responsible for making up the payrolls for payroll units of the state
government and for each of thee other participating public employers shall cause the
contributions, provided in subsection (b) of this section, to be deducted from the
compensations of each mLember in the employ of the participating public employer, on each
and every payroll, for each and every payroll period, from the date the member enters the
retirement system to the date his or her membership terminates. When deducted, each of
said amounts shall be paid by the participating public employer to the retirement system;
said payments to be made in such manner and form, and in such frequency, and shall be
accompanied by such supporting data, as the board of trustees shall from time to time
preWscribe. When paid to the retirement system, each of said amounts shall be credited to the
members' deposit fund account of the member from whose compensations said contributions
were deducted.
(d) In addition to the contributions deducted from the compensations of a member, as
heretofore provided, a member shall deposit in the members' deposit fund, by a single
contribution or by an increased rate of contribution as approved by the board of trustees, the
amounts he or she may have withdrawn therefrom and not repaid thereto, together with
regular interest from the date of withdrawal to the date of repayment. In no case shall a
member be given credit for service rendered prior to the date he or she withdrew his or her
contributions or accumulated contributions, as the case may be, until he or she returns to
the members' deposit fund all amounts due the said fund by him or her.
(e) Upon the retirement of a member, or if a survivor annuity becomes payable on account of
his or her death, in either event his or her accumulated contributions standing to his or her
credit in the members' deposit fund shall be transferred to the retirement reserve fund.
(f) In the event an employee's membership in the retirement system terminates and no
annuity becomes or will become payable on his or her account, any accumulated
contributions standing to his or her credit in the members' deposit fund, unclaimed by the
said employee, or his or her legal representative, within three years from and after the date
his or her membership terminated, shall be transferred to the income fund.e
(g) Any member of the Legislature who is a member of the retirement system and with
respect to whom the term "final average salary" includes a multiple of eight, pursuant to the
provisions of subdivision (13), section two of this article, shall countribute to the retirement
system on the basis of his or her legislative compensation the sum of $540 each year he or
she participates in the retirement system as a member of thet Legislature.
(h) Notwithstanding any other provisions of this articlea, forfeitures under the system shall
not be applied to increase the benefits any member would otherwise receive under the
system. l

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