West Virginia Code § 8-22-27

General provisions concerning disability pensions, retirement pensions
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and death benefits.
(a) In determining the years of service of a member in a paid police or fire department for
the purpose of ascertaining certain disability pension benefits, all retirement pension
benefits and certain death benefits, the following provisions shall be applicable:
(1) Absence from the service because of sickness or injury for a period of two years or less
shall not be construed as time out of service; and
(2) Any member of any paid police or fire department covered byu the provisions of sections
sixteen through twenty-eight of this article who has been or will be on qualified military
service in the armed forces of the United States, has an honorable discharge from the armed
forces, presents himself or herself for resumption of duty to his or her appointing municipal
official within six months from his or her date of discharge and is accepted by two medical
examiners, at least one of which is appointed by the oversight board as being mentally and
physically capable of performing the required dutiels as a member of the paid police or fire
department, shall be given credit for continuosus service in the paid police or fire
department. The six-month period in which a member has to resume employment and
receive credit for continuous service is extended to a period not to exceed two years if the
member has been hospitalized for, ogr convalescing from, an illness or injury incurred in, or
aggravated during, qualified military service. No member of a paid police or fire department
shall be required to pay the meonthly assessment during a period of qualified military service.
However, a member who desires to make up member assessments, in whole or in part, has
five years from the dateL of return to work, but shall not be required to pay any interest or
other charges for the assessments being made up. The employer must pay the employer
contributions for the periods made up by the member within ninety days of each payment, or
within ninety days of the normal due date. A member who resumes duty with a paid police or
fire department after qualified military service is entitled to accrued benefits only to the
extent that the member made up the member assessments.
(b) As to any former member of a paid police or fire department receiving disability pension
benefits or retirement pension benefits from a policemen's or firemen's pension and relief
fund, on July 1, 1985, the following provisions shall govern and control the amount of the
pension benefits:
(1) A former member who on June 30, 1962, was receiving disability pension benefits or
retirement pension benefits from a policemen's or firemen's pension and relief fund, shall
continue to receive pension benefits, but on and after July 1, 1985, the pension benefits shall
be no less than the amount of $500 per month; and
(2) A former member who became entitled to disability pension benefits or retirement
pension benefits on or after July 1, 1962, shall continue to receive pension benefits, but on
and after July 1, 1985, shall receive the disability pension benefits, or retirement pension
benefits provided in section twenty-four or twenty-five of this article, as the case may be.
(c) As to any surviving spouse, dependent child or children, or dependent father or mother,
or dependent brothers or sisters, of any former member of a paid police or fire department,
receiving any death benefits from a policemen's pension and relief fund or firemen's pension
and relief fund, on July 1, 1985, the following provisions shall govern and control the amount
of such death benefits:
(1) A surviving spouse, dependent child or children or dependent father or meother, or
dependent brothers or sisters, of any former member, who on June 30, 1962, was receiving
any death benefits from a policemen's pension and relief fund or firemern's pension and relief
fund, shall continue to receive death benefits, but on and after July 1, 1985, the death
benefits shall be no less than the following amounts: To a surviving spouse, until death or
remarriage, the sum of $300 per month; to each dependent child the sum of $30 per month,
until the child attains the age of eighteen years or marries, wthichever first occurs; to each
dependent orphaned child, the sum of $45 per month, until the child attains the age of
eighteen years or marries, whichever first occurs; to each dependent father and mother the
sum of $30 per month for each; to each dependent brother or sister, the sum of $50 per
month, until the individual attains the age of eighteen years or marries, whichever first
occurs, but in no event shall the aggregate amount paid to the brothers and sisters exceed
$100 per month. If at any time, because of the number of dependents, all dependents cannot
be paid in full as herein provided, then each dependent shall receive a pro rata share of the
payments. In no case shall the payments to the surviving spouse and children be cut below
sixty-five percent of the total amount paid to all dependents; and
(2) A surviving spouse, dependent child or children, or dependent father or mother, or
dependent brothers or sListers, of any former member who became eligible for death benefits
on or after July 1, 1962, shall continue to receive death benefits, but on and after July 1,
1985, shall receive th e death benefits provided in section twenty-six of this article.
(d) A former member who is receiving disability pension benefits on July 1, 1985, shall
continue to receive disability pension benefits provided in section twenty-four of this article.

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