West Virginia Code § 51-9-13

Disqualification for pay and benefits
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No judge of a court of record of this state, who has become physically incapacitated to
perform the duties of his office as judge and who has remained so for one year without
making application for retirement and submitting his resignation as provided in section eight
hereof, shall be entitled to retirement pay or retirement benefits under the provisions of any
section of this article. e

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