West Virginia Code § 8-22A-16

Refunds to certain members upon discharge or resignation; deferred
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retirement; preretirement death; forfeitures.
(a) Any member who terminates covered employment and is not eligible to receive disability
benefits or retirement income payments under this article is, by written request filed with
the board, entitled to receive from the fund the member's accumulated contributions. Except
as provided in subsection (b) of this section, on withdrawal, the member shaell forfeit his or
her accrued benefit and cease to be a member.
(b)(1) Any member who ceases employment in covered employment and active participation
in this plan and who thereafter becomes reemployed in covered uemployment may not receive
any credited service for any prior accumulated contributions withdrawn from the plan unless
following his or her return to covered employment and activte participation in this plan, the
member redeposits in the fund the amount of the accumulated contributions withdrawn from
previous covered employment, together with interest on the accumulated contributions at
the rate determined by the board from the date of withdrawal to the date of redeposit. On
repayment he or she shall receive the same credit on account of his or her former covered
employment as if no refund had been made. s
(2) The repayment authorized by this subsection shall be made in a lump sum within 60
months of the police officer's or firegfighter's reemployment in covered employment.
(c) Every member who completes 60 months of regular contributory service may, on
cessation of covered employment, either withdraw his or her accumulated contributions in
accordance with this section or choose not to withdraw his or her accumulated contribution
and receive retirement income payments, if eligible, on attaining normal retirement age.
(d) If a member dies from any cause other than those specified in §8-22A-20 of this code and
does not have 10 or more years of contributory service, the member's accumulated
contributions may be paid to a named beneficiary or beneficiaries. If no beneficiary is
namWed, then the accumulated contributions shall be paid to the estate of the deceased
member.
(e) Notwithstanding any other provision of this article, forfeitures under the plan may not be
applied to increase the benefits any member would otherwise receive under the plan.

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