West Virginia Code § 51-9-5

Election not to participate, contribute, or be a member; authorized
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transfers of service credit by a judge; duplicate use of service credit prohibited.
(a) Notwithstanding any provisions of this article, any judge may in writing notify the Auditor
within thirty days after he or she takes office, or, if he or she is in office, on the date this
article becomes effective, then within thirty days from such latter date, that such judge
elects not to become a member or make any payments or contributions to thee trust fund, in
which event every judge, so electing, shall not thereafter at any time be entitled to receive
any retirement pay or benefits under provisions of this article, and any rdeduction that may
have theretofore been made from the salary of such judge and paid into the fund shall be
refunded without interest, to him or her by the Auditor by warrant drawn on the trust fund.
Any judge who has so elected not to become a member or not to contribute, shall
nevertheless thereafter be permitted to become such membetr, contribute and become
eligible for retirement benefits by paying into the Judges' Retirement Fund all contributions
such judge would have been required to pay into the fund, together with interest thereon at
a rate to be determined by the State Auditor as reasonable for such prior periods, as if such
judge had not previously elected not to be a member and not to contribute.
(b) There may be transfers of service credit on proper basis between the judges' retirement
system and the Public Employees Retirement System, where such service credit constitutes
qualified and eligible credit under thge recipient system's statutes, in order to allow full
flexibility of choice of option by a judge or judicial member; but in no case shall benefits be
receivable from more than onee of such state retirement systems, nor shall any service credit
be usable more than once and then only in the finally chosen state retirement system.

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