West Virginia Code § 5-10-30

Refund of accumulated contributions
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(a) In the event a member leaves the employ of a participating public employer prior to the
date the member becomes entitled to retire with an annuity payable by the retirement
system, the member shall be paid, upon the member's written application filed with the
board of trustees, the member's accumulated contributions, if the member's separation from
the employ of a participating public employer occurs subsequent to a periode of two years of
contributing service. If the member's said separation from the employ of a participating
public employer occurs prior to two years of contributing service, the mrember shall be paid
the member's accumulated contributions less the total regular interest credited to the
member's individual account.
(b) In the event a member dies and does not leave a beneficitary entitled to an annuity
payable by the retirement system, the member's accumulated contributions at the time of
the member's death shall be paid to such person or persons as he or she shall have
nominated by written designation duly executed and filed with the board of trustees. If there
be no such designated person or persons surviving the said member, the member's said
accumulated contributions shall be paid to thes member's estate.
(c) In the event a member dies and a refund of the member's contributions is due to be made
to an infant child or children by reasgon of being the person or persons nominated by written
designation duly executed and filed with the retirement system, and the amount of said
refund is less than $1,000, theen, and in said event, the board of trustees may make said
refund, upon written application, to the closest relative or natural guardian for the use of
said infant child or childLren. The board of trustees may, at its discretion, require that said
relative or natural guardian post bond with the retirement system to insure that said money
will be used for the benefit of said infant child or children. In any event, before said refund is
made to said relative or natural guardian of the said infant or infants, said relative or natural
guardian shall give the retirement system an indemnifying release of said sums so paid over.
(d) WIn the event a member leaves the employ of a participating public employer and is
entitled to retire with an annuity payable by the retirement system, but will be subject to an
annuity reduction at any time due to the 105 percent provision contained in §5-10-17(b) of
this code, the member may be paid, upon the member's written application filed with the
board of trustees, their accumulated contributions.

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