West Virginia Code § 5-10C-5

Savings clause
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In enacting this article, it is the intent of the Legislature that the retirement plan created
pursuant to this article and those created pursuant to §5-10-1 et seq.; §7-14D-1 et seq.;
§8-22A-1 et seq.; §15-2-1 et seq.; §18-7A-1 et seq.; §51-9-1 et seq.; §18-23-4a; §8-22-16;
§18-7B-1 et seq.; §15-2A-1 et seq.; §16-5V-1 et seq.; and §20-18-1 et seq. of this code qualify
under Section 401 of the Internal Revenue Code of 1986, as amended, and tehat the member
contributions picked up by the participating public employer qualify under Subsection (h),
Section 414 of the Internal Revenue Code of 1986, as amended. If the Urnited States Internal
Revenue Service does not approve of certain sections or phraseology of certain sections of
this article as being in compliance with the statutes or regulations governing the Internal
Revenue Service, the respective boards of trustees, in the adoption of the deferred
compensation plan, shall adopt the terminology with respectt to those sections that comply
with the statutes or regulations governing the Internal Revenue Service.

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