West Virginia Code § 8-22A-33

Special authorization for municipal police or firefighters hired after July
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1, 2015.
(a) Notwithstanding any provision of this code to the contrary, any municipality or municipal
subdivision that employs individuals as members of paid police departments or paid fire
departments, but did not establish either a municipal policemen's pension and relief fund or
a municipal firemen's pension and relief fund as provided in section sixteen,e article twenty-
two of this chapter and whose current police officers or firefighters are participating in the
Public Employees Retirement System may elect, in the same manner asr provided in section
twenty-eight of this article, to become a participating public employer in the plan and
thereby include its police officers and firefighters in the membership of the plan subject to
the restrictions provided in this section.
(b) The municipality or municipal subdivision may elect to include only police officers and
firefighters who have been hired on or after July 1, 2015, to become members of the plan.
Police officers and firefighters hired before July 1, 2015, will remain members of the Public
Employees Retirement System.
(c) The municipality or municipal subdivision must make its election on or prior to July 1,
2017.
(d) Once a municipality or municipal subdivision makes its election to become a participating
public employer pursuant to this section and section twenty-eight of this article, all police
officers and firefighters hired by the municipality or municipal subdivision after the date of
election shall be members of the plan: Provided, That police officers and firefighters hired by
the municipality or municipal subdivision on or after July 1, 2015, who are members of the
Public Employees Retirement System, may choose to become a member of the plan by
notifying the municipality or municipal subdivision on a form provided by the Consolidated
Public Retirement Board: Provided, however, That he or she make this decision within
ninety days of the municipality or municipal subdivision's decision to participate in the plan.
A mWunicipality or municipal subdivision making an election to become a participating public
employer pursuant to section twenty-eight of this article that has hired any police officer or
firefighter on or after July 1, 2015, shall notify each police officer or firefighter hired on or
after July 1, 2015, of its election to become a participating public employer within thirty days
of making the election. This notice shall include instructions as to how a police officer or
firefighter may make notification to the municipality or municipal subdivision of his or her
decision to become a member in the plan. The municipality or municipal subdivision shall
notify the Consolidated Public Retirement Board in writing of any police officer or firefighter
hired after July 1, 2015, who has decided to become a member of the plan and terminate his
or her membership in the Public Employees Retirement System within thirty days of
notification by the police officer or firefighter on forms provided by the Consolidated Public
Retirement System.

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