§51-9-1. Establishment
There is hereby established a judges' retirement system for the purpose and to be administered as hereinafter provided.
§51-9-10. Services of Senior Judges and Justices
(a) The Legislature finds that: (1) Section seven, article VIII of the Constitution of West Virginia expressly requires the Legislature to fix judicial salaries by statute, providing that: “[j]ustices, judges and magistrates shall receive the salaries fixed by law”.
§51-9-11. Monthly Payments
The retirement benefits and retirement pay, as herein provided, shall be paid in equal monthly installments upon the warrant of the State Auditor drawn on the Judges' Retirement Fund. If at any time moneys in said fund are insufficient to meet the orderly requirements of the retirement system, payments hereunder shall then be made from […]
§51-9-12. Refunds
Any judge of a court of record of this state whose services have terminated, otherwise than by retirement under provisions of this article, shall, upon his written demand, or the written demand of his personal representative, filed with the State Auditor, by a proper warrant of the State Auditor drawn on the fund, be refunded, […]
§51-9-12a. Federal Law Maximum Benefit Limitations
Notwithstanding any other provision of this article or state law, the board shall administer the retirement system in compliance with the limitations of Section 415 of the Internal Revenue Code and regulations under that section, to the extent applicable to governmental plans (hereafter sometimes referred to as the "415 limitation(s)" or "415 dollar limitation(s)"), so […]
§51-9-12b. Federal Minimum Required Distributions
The requirements of this section apply to any distribution of a members or beneficiaries interest and take precedence over any inconsistent provisions of this retirement system. This section applies to plan years beginning after December 31, 1986. Notwithstanding anything in the retirement system to the contrary, the payment of benefits under this article shall be […]
§51-9-12c. Direct Rollovers
(a) Except where otherwise stated, this section applies to distributions made on or after January 1, 1993. Notwithstanding any provision of this article to the contrary that would otherwise limit a distributee's election under this system, a distributee may elect, at the time and in the manner prescribed by the board, to have any portion […]
§51-9-12d. Rollovers and Transfers to Purchase Service Credit or Repay Withdrawn Contributions
(a) This section applies to rollovers and transfers as specified in this section made on or after January 1, 2002. Notwithstanding any provision of this article to the contrary that would otherwise prohibit or limit rollovers and plan transfers to this system, the retirement system shall accept the following rollovers and plan transfers on behalf […]
§51-9-13. Disqualification for Pay and Benefits
No judge of a court of record of this state, who has become physically incapacitated to perform the duties of his office as judge and who has remained so for one year without making application for retirement and submitting his resignation as provided in section eight hereof, shall be entitled to retirement pay or retirement […]
§51-9-14. Moneys Exempt From Execution, etc.; Unassignable and Nontransferable; Exception for Certain Domestic Relations Orders
The moneys in the Judges' Retirement Fund, the right of any judge to participate in the pay and benefits of the retirement system and the right of any judge to a refund of payments or contributions made to the fund shall not be subject to execution, garnishment, attachment or any other process whatsoever except that […]
§51-9-15. County Commissioners Excluded
Commissioners of county commissions, or of any tribunal established in lieu thereof, are excluded from the retirement pay and retirement benefits herein provided.
§51-9-16. Severability of Article and Amendments Thereto
If any section, subsection, clause, phrase or requirement of this article or if any section, subsection, clause, phrase or requirement of this article as amended by the Legislature at its regular session held in the year one thousand nine hundred eighty-seven, if for any reason held to be unconstitutional, such decision shall not affect the […]
§51-9-17. Benefits Not Forfeited if System Terminates
If the retirement system is terminated or contributions are completely discontinued, the rights of all members to benefits accrued or contributions made to the date of such termination or discontinuance, to the extent then funded, may not be forfeited.
§51-9-18. Correction of Errors; Underpayments; Overpayments
(a) General rule. Upon learning of any errors, the board shall correct errors in the retirement system in a timely manner whether the individual, entity or board was at fault for the error with the intent of placing the affected individual, entity and retirement board in the position each would have been in had the […]
§51-9-1a. Definitions
(a) Notwithstanding any other provision of this code to the contrary, as used in this article, the term “judge”, “judge of any court of record”, or “judge of any court of record of this state” means, refers to, and includes judges of the several family courts, circuit courts, judges of the Intermediate Court of Appeals, […]
§51-9-1b. Statement of Legislative Intent, Policy and Finding
The decision and opinion of the state Supreme Court of Appeals in the case of, which was rendered on November 7, 1984, and other decisions and opinions of that court based upon the decision have served to make substantial and fundamental changes in the retirement system for judges as established by the Legislature under the […]
§51-9-2. Judges' Retirement Fund Created; Composition
As a part of the judges' retirement system, there is hereby created a Judges' Retirement Fund which shall be made up of and into which shall be paid (a) Percentage contributions from salaries of judges as provided in section four of this article; (b) Gifts and bequests to the fund and any accretions and accumulations […]
§51-9-3. Custody, Permissible Investment and Administration of Retirement System Trust Fund; State Auditor's Authority as Administrator and Trust Fund Fiduciary; Refunds Required, Including Interest; Federal Qualification Requirements
(a) The State Treasurer shall be the custodian of the fund and of any investment securities of the retirement system and shall give a separate and additional bond for the faithful performance of his or her duties as such custodian. The Governor shall fix the amount of such bond which shall be approved as to […]
§51-9-3a. Specification of Actuarial Assumptions
The board at its first meeting in each calendar year or as soon thereafter as may be practicable shall adopt and specify actuarial assumptions for the system, which assumptions shall become part of the terms of this system.
§51-9-4. Required Percentage Contributions From Salaries; Any Termination of Required Contributions Prior to Actual Retirement Disallowed; Leased Employees; Military Service Credit; Maximum Allowable and Qualified Military Service; Qualifiable Prosecutorial Service
(a) Every person who is now serving or shall hereafter serve as a judge of any court of record of this state shall pay into the Judges' Retirement Fund six percent of the salary received by such person out of the State Treasury: Provided, That when a judge becomes eligible to receive benefits from such […]