West Virginia Code § 51-9-6a

Eligibility benefits; service and retirement of judges over sixty-five years
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of age.
Any judge of a court of record of this state who shall have served for a period of not less than
eight full years after attaining the age of sixty-five years and who shall have made payments
into the Judges' Retirement Fund as provided in this article for each month during which he
or she served as such judge following the effective date of this section, shalle be subject to all
the applicable terms and provisions of this article, not inconsistent with the provisions
hereof, and shall receive retirement benefits in an amount equal to sevrenty-five percent of
the annual salary of the office from which he or she has retired based upon such salary of
such office as such salary may be changed from time to time during the period of his or her
retirement and the amount of his or her retirement benefits shall be based upon and be
equal to seventy-five percent of the highest annual salary of tsuch office for any one calendar
year during the period of his or her retirement and shall be payable in monthly installments.
If such judge shall become incapacitated to perform his or her said duties before the
expiration of his or her said term and after serving for six years thereof, and upon the
acceptance of his or her resignation as in this article provided, he or she shall be paid the
annual retirement benefits as herein provided so long as he or she shall live. The provisions
of this section shall prevail over any language to the contrary in this article contained,
except those provisions of sections twelve-a and twelve-b of this article: Provided, That no
individual who is appointed or elected for the first time as judge of a court of record of this
state after July 1, 2005, is eligible for retirement under this section.

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