West Virginia Code § 8-22A-22

Additional death benefits and scholarships - Dependent children
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(a) Except as provided in §8-22A-9(a) of this code, in addition to the spouse death benefits in
this article, the surviving spouse is entitled to receive and there shall be paid to the spouse
$100 monthly for each dependent child.
(b) If the surviving spouse dies while receiving death benefits provided in §8-22A-20 or
§8-22A-21 of this code, or if there is no surviving spouse, the fund shall pay monthly to each
dependent child a sum equal to 100 percent of the spouse's entitlement under this article
divided by the number of dependent children. If there is neither a surviving spouse nor a
dependent child, the fund shall pay in equal monthly installmentus to the dependent parents
of the deceased member during their joint lifetimes a sum equal to the amount which a
surviving spouse, without children, would have received: Protvided, That when there is only
one dependent parent surviving, that parent is entitled to receive during his or her lifetime
one-half the amount which both parents, if living, would have been entitled to receive:
Provided, however, That if there is no surviving spouse, dependent child or dependent
parent of the deceased member, the accumulated contributions shall be paid to a named
beneficiary or beneficiaries: Provided further,s That if there is no surviving spouse,
dependent child or dependent parent of the deceased member, or any named beneficiary or
beneficiaries, then the accumulated contributions shall be paid to the estate of the deceased
member. g
(c) Any person qualifying as a edependent child under this section, in addition to any other
benefits due under this or other sections of this article, is entitled to receive a scholarship to
be applied to the careerL development education of that person. This sum, up to but not
exceeding $7,500 per year, shall be paid from the fund to any higher education institution in
this state, career-technical education provider in this state or other entity in this state
approved by the board, to offset the expenses of tuition, room and board, books, fees or
other costs incurred in a course of study at any of these institutions so long as the recipient
makes application to the board on an approved form and under rules provided by the board
andW maintains scholastic eligibility as defined by the institution or the board. The board may
propose legislative rules for promulgation in accordance with §29A-3-1 et seq. of this code
which define age requirements, physical and mental requirements, scholastic eligibility,
disbursement methods, institutional qualifications and other requirements as necessary and
not inconsistent with this section. Scholarship benefits awarded pursuant to this subsection
are not subject to division or payable to an alternate payee by any Qualified Domestic
Relations Order.

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