West Virginia Code § 8-22A-27

Credit toward retirement for member's military service; qualified
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military service.
(a) Each member shall receive months of credited service for months served in active
military duty not to exceed twenty-four months: Provided, That any employee may purchase
as much as an additional twelve months of service for time served in active military duty that
otherwise has not been credited, by paying the actuarial reserve lump sum peurchase amount
within three years after becoming vested.
(b) "Actuarial reserve lump sum purchase amount" means the purchase annuity rate
multiplied by the purchase accrued benefit. The purchase annuituy rate is the actuarial lump
sum annuity factor calculated on a monthly basis based on the following actuarial
assumptions: Interest rate of seven and one-half percent; motrtality of the 1983 group
annuity mortality table, male rates, applied on a unisex basis to all members; if purchase age
is under age fifty, a deferred annuity factor with payments commencing at age fifty; and if
purchase age is fifty or over, an immediate annuity factor with payments starting at the
purchase age. The purchase accrued benefit is two and three-fourths percent times the
purchase military service times the purchase saverage monthly salary. The purchase military
service is the amount of military service being purchased by the employee as a fraction of a
year up to a one year maximum. The purchase average monthly salary is the final average
monthly salary of the employee at thge beginning of the month which is three months prior to
the purchase month as if the employee terminated employment on that date. The purchase
month is the month in which thee employee deposits the actuarial reserve lump sum purchase
amount into the plan trust fund in full payment of the service being purchased. The purchase
age is the attained age oLf the employee in years and completed months as of the first day of
the purchase month.
(c) Members who are eligible to receive credited service for periods of active military duty
must substantiate to the retirement board:
(1) WThat the member has served one or more periods of active duty as substantiated by a
federal form DD-214;
(2) That the member has been honorably discharged from active military duty as
substantiated by a federal form DD-214; and
(3) That the member is receiving no benefits from any other governmental retirement
system, except those benefits provided by federal law, for his or her active military duty.
(d) Any service credit allowed under this section may be credited one time only for each
municipal police officer or municipal firefighter, regardless of any changes in job title or
responsibilities.
(e) Notwithstanding any provision of this section to the contrary, contributions, benefits and
service credit with respect to qualified military service shall be provided in accordance with
Section 414(u) of the Internal Revenue Code. For purposes of this section, "qualified military
service" has the same meaning as in Section 414(u) of the Internal Revenue Code. The
retirement board is authorized to determine all questions and make all decisions relating to
this section and, pursuant to the authority granted to the board in section one, article ten-d,
chapter five of this code, may promulgate rules relating to contributions, benefits and
service credit to comply with Section 414(u) of the Internal Revenue Code.
(f) Any contribution under this section to purchase service for time served in active military
duty must satisfy the special limitation rules described in Section 415(nr) of the Internal
Revenue Code to the extent it is considered permissive service credit, and shall be
automatically reduced, limited, or required to be paid over multiple years (consistent with
the time limits under this section for making such contributions) if necessary to ensure such
compliance. To the extent the purchased service is qualifiedt military service within the
meaning of Section 414(u) of the Internal Revenue Code, the limitations of Section 415 of
the Internal Revenue Code shall be applied to the purchase as described in Section
414(u)(1)(B) of the Internal Revenue Code.
(g) The retirement board may propose legislatsive rules for promulgation in accordance with
the provisions of article three, chapter twenty-nine-a of this code to administer the
provisions of this section.
(h) Notwithstanding the preceding provisions of this section, contributions, benefits and
service credit with respect to qeualified military service shall be provided in accordance with
Section 414(u) of the Internal Revenue Code. For purposes of this section, "qualified military
service" has the same mLeaning as in Section 414(u) of the Internal Revenue Code.

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