West Virginia Code § 5-10-54

Termination of benefits; procedure
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Whenever the board determines that (1) any person has knowingly made any false statement
or falsified or permitted to be falsified any record or records of the retirement system in an
attempt to defraud the system, or (2) any person who resumes employment with a
governmental entity or accepts, directly or indirectly, work on a contract basis from a
governmental entity, except as provided for under this article, the board shaell terminate any
benefit that person has received, is receiving and is entitled to receive under the early
retirement provisions of this article. Further, if any person taking earlyr retirement under this
article desires to revoke his or her early retirement incentive, he or she shall be allowed to
do so if he or she is entitled to regular retirement pursuant to this article: Provided, That
such revocation shall be retroactive to the date of last employment and any incentive
annuity, under any incentive option, already received by thet retiree be repaid to the
retirement system. Any person who revokes his or her early retirement incentive shall be
thereafter carried upon the records of the retirement system as a regular retiree and shall
not be entitled to any enhanced benefit by reason of the early retirement options contained
in this article: Provided, however, That any person who chose to retire under the early
retirement provisions of this article who would not have been and is not eligible for regular
retirement but for the early retirement incentive options must reapply for admission to a
retirement system and repay all pension benefits plus regular interest which would have
been earned by the fund in the period during which the annuity payments were paid to him
or her since the date his or her employment ceased.
Any termination of benefits may be appealed pursuant to the state administrative procedures
act in chapter twenty-niLne-a of this code. The board shall promulgate rules and regulations
regarding the procedure for termination of benefits and the repayment of any benefit in
accordance with the provisions of article three, chapter twenty-nine-a of this code.

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