West Virginia Code § 7-14D-17

Prior disability
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Any deputy sheriff who became totally disabled as a result of illness or injury incurred in the
line of duty prior to the effective date of this article may be a member of the plan at his or
her election and is entitled to disability, death and retirement benefits under this article in
lieu of any other disability, death or retirement benefits provided solely in conjunction with a
retirement system of this state or his or her county of employment: Providede, That the
deputy sheriff would have been eligible for disability under section fourteen of this article
had that section been in effect at the time of the disability. The amountrs of the benefits shall
be determined as if the disability first commenced after the effective date of this article with
monthly compensation equal to that average monthly compensation which the member was
receiving in the plan year prior to the initial disability. For the purposes of this section,
benefits paid pursuant to chapter twenty-three of this code atre not death or retirement
benefits provided solely in conjunction with a retirement system of this state or county of
this state.

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