§7-14D-1. Short Title
This article is known and may be cited as the "West Virginia Deputy Sheriff Retirement System Act."
§7-14D-10. Retirement Credited Service Through Member's Use, as Option, of Accrued Annual or Sick Leave Days
Any member accruing annual leave or sick leave days may, after the effective date of this section, elect to use the days at the time of retirement to acquire additional credited service in this retirement system: Provided, That the accrued annual or sick leave may not be used to purchase health insurance under the Public […]
§7-14D-11. Retirement Benefits
This section provides for a members accrued benefit payable starting at the members annuity starting date which follows the completion of a written application for the commencement of benefits. The member shall receive the accrued retirement benefit in the normal form or in an actuarial equivalent amount in an optional form as provided under 7-14D-12 […]
§7-14D-12. Annuity Options
(a) Prior to the effective date of retirement, but not thereafter, except as provided in subsection (c) of this section, a member may elect to receive retirement income payments in the normal form, or the actuarial equivalent of the normal form from the following options: (1) Option A — Joint and Survivor Annuity. — A […]
§7-14D-13. Refunds to Certain Members Upon Discharge or Resignation; Deferred Retirement; Preretirement Death; Forfeitures
(a) Any member who terminates covered employment and is not eligible to receive disability or retirement income benefits under this article is, by written request filed with the board, entitled to receive from the fund the members accumulated contributions after offset of any outstanding loan balance, plus accrued interest, pursuant to 7-14D-23 of this code. […]
§7-14D-14. Awards and Benefits for Disability Duty Related
(a) Any member who after the effective date of this article and during covered employment: (1) Has been or becomes either totally or partially disabled by injury, illness, or disease; and
§7-14D-15. Same — Due to Other Causes
(a) Any member who after the effective date of this article and during covered employment: (1) Has been or becomes totally or partially disabled from any cause other than those set forth in section fourteen of this article and not due to vicious habits, intemperance or willful misconduct on his or her part; and (2) […]
§7-14D-16. Awards and Benefits for Disability — Physical Examinations; Termination of Disability
(a) The board may require any member who has applied for or is receiving disability benefits under this article to submit to a physical examination, mental examination or both, by a physician or physicians selected or approved by the board and may cause all costs incident to the examination and approved by the board to […]
§7-14D-17. Prior Disability
Any deputy sheriff who became totally disabled as a result of illness or injury incurred in the line of duty prior to the effective date of this article may be a member of the plan at his or her election and is entitled to disability, death and retirement benefits under this article in lieu of […]
§7-14D-18. Awards and Benefits to Surviving Spouse — When Member Dies in Performance of Duty, etc.
(a) The surviving spouse of any member who, after the effective date of this article while in covered employment, has died or dies by reason of injury, illness or disease resulting from an occupational risk or hazard inherent in or peculiar to the service required of members, while the member was or is engaged in […]
§7-14D-19. Awards and Benefits to Surviving Spouse When Member Dies From Nonservice-Connected Causes
(a) In any case where a member who has been a member for at least 10 years, while in covered employment after the effective date of this article, has died or dies from any cause other than those specified in 7-14D-18 of this code and not due to vicious habits, intemperance, or willful misconduct on […]
§7-14D-2. Definitions
As used in this article, unless a federal law or regulation or the context clearly requires a different meaning: (a) “Accrued benefit” means on behalf of any member two and one-quarter percent of the members final average salary multiplied by the members years of credited service: Provided, That members who are retired on or retire […]
§7-14D-20. Additional Death Benefits and Scholarships – Dependent Children
(a) In addition to the spouse death benefits in 7-14D-18 and 7-14D-19 of this code, 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 7-14D-18 or 7-14D-19 of this code or […]
§7-14D-21. Burial Benefit
Any member who dies as a result of any service related illness or injury after the effective date is entitled to a lump sum burial benefit of five thousand dollars. If the member is married, the burial benefit shall be paid to the member's spouse. If the member is not married, the burial benefit shall […]
§7-14D-22. Double Death Benefits Prohibited
A surviving spouse is not entitled to receive simultaneous death benefits under this article as a result of the death of two or more members to whom the spouse was married. Any spouse who becomes eligible for a subsequent death benefit under this article while receiving a death benefit under this article shall receive the […]
§7-14D-23. Loans to Members
(a) A member who is not yet receiving disability or retirement income benefits from the plan may borrow from the plan no more than one time in any year an amount up to one half of his or her accumulated contributions, but not less than $500 nor more than $8,000: Provided, That the maximum amount […]
§7-14D-24. Service as Sheriff
(a) Any member who, after the effective date of this article, is elected sheriff of a county in West Virginia may elect to continue as a member in this plan by paying the amounts required by 7-14D-7 of this code. Upon the election, service as a sheriff shall be treated as covered employment and the […]
§7-14D-24a. Return to Covered Employment by Retired Member
The annuity of any member who retires under the provisions of this article and who resumes service in covered employment shall be suspended while the member continues in covered employment. The monthly annuity payment for the month in which the service resumes shall be prorated to the date of commencement of service, and the member […]
§7-14D-25. Exemption From Taxation, Garnishment and Other Process; Exception for Certain Qualified Domestic Relations Orders
The moneys in the fund and the right of a member, spouse or other beneficiary to benefits under this article, to the return of contributions, or to any retirement, death or disability payments under the provisions of this article, are exempt from any state or municipal tax; are not subject to execution, garnishment, attachment or […]
§7-14D-26. Fraud; Penalties; and Repayment
Any person who knowingly makes any false statement or who falsifies or permits to be falsified any record of the retirement system in any attempt to defraud that system is guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed $1,000, by confinement in the county or regional jail […]