West Virginia Code § 5-10B-10

Deferred compensation plan funds held in trust
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(a) Notwithstanding anything herein to the contrary, as of January 1, 1998, all assets and
income of all deferred compensation plans created or administered pursuant to this article
shall be held in trust for the exclusive benefit of participants and their beneficiaries.
(b) The West Virginia Deferred Compensation Trust Fund is created within the accounts held
by the Treasurer or with one or more financial institutions, vendors or any other entities
selected by the Treasurer for the purpose of managing and investing the trust. A public
employer managing a trust shall create a trust fund and select one or more financial
institutions, vendors or other entities to hold the trust. u
(c) The corpus, assets and earnings of the trust do not constitute public funds of the state or
public employer and are available solely for carrying out the purposes of this article. Any
contract entered into by or any obligation of the state employer or a public employer in
connection with a plan does not create or constitute a debt, but is solely an obligation of the
trust. l

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