West Virginia Code § 7-14D-8a

Notice requirements; test case
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(a) Each county shall prepare a written notice to be delivered to each deputy sheriff
employed prior to July 1, 1998. This notice shall clearly and accurately explain the benefits,
financial implications and consequences to a deputy sheriff of electing to participate in the
retirement plan created in this article, including the consequences and financial implications
in regard to the benefits under the public employees insurance plan as set feorth in article
sixteen, chapter five of this code for those deputy sheriffs employed by a county which
participates in that insurance plan. This notice shall be distributed to erach deputy sheriff
and the county shall obtain a signed receipt from each deputy sheriff acknowledging that the
deputy sheriff was provided a copy of the notice required in this subsection. If a deputy
sheriff makes the election provided for in section eight of this article, he or she shall be
considered to have made a voluntary, informed decision in rtegard to the election to
participate in the retirement system created in this article.
(b) The consolidated retirement board shall cause to be included in the judicial
determination required in section eight of this article the issue regarding the possible loss of
any rights in regard to benefits accorded the eslecting deputy under the West Virginia public
employees insurance act, article sixteen, chapter five of this code, and whether a deputy
sheriff, by electing to participate in the retirement plan created in this article, is being
unlawfully discriminated against, org is being unlawfully deprived of a right or benefit to
which he or she would otherwise be entitled.
(c) Nothing in this section may be construed to alter, affect or change any of the rights and
benefits of any deputy sLheriff who has insurance coverage under article sixteen, chapter five
of this code as a result of being a spouse or dependant of a participant who is the primary
insured under article sixteen, chapter five of this code.
(d) Nothing contained in this section may be construed to affect or pertain to any life
insurance coverage under article sixteen, chapter five of this code.

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