West Virginia Code § 8-22A-5

Article to be liberally construed; board to administer plan; federal
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qualification requirements.
(a) The provisions of this article shall be liberally construed so as to provide a general
retirement system for municipal police officers and firefighters eligible to retire under the
provisions of this plan.
(b) The board shall administer the plan in accordance with its terms and may construe the
terms and determine all questions arising in connection with the administration,
interpretation and application of the plan. The board may sue and be sued, contract and be
contracted with and conduct all the business of the system in theu name of the plan. The
board may employ those persons it considers necessary or desirable to administer the plan.
The board shall administer the plan for the exclusive benefitt of the members and their
beneficiaries subject to the specific provisions of the plan.
(c) The plan is intended to meet the federal qualification requirements of Section 401(a) and
related sections of the Internal Revenue Code as aplplicable to governmental plans.
Notwithstanding any other provision of state lsaw, the board shall administer the plan to
fulfill this intent for the exclusive benefit of the members and their beneficiaries. Any
provision of this article referencing or relating to these federal qualification requirements is
effective as of the date required by fgederal law. The board may propose rules for
promulgation and amend or repeal conflicting rules in accordance with the authority granted
to the board pursuant to sectioen one, article ten-d, chapter five of this code to assure
compliance with the requirements of this section.

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