§8-22A-1. Title
This article is known and may be cited as the "West Virginia Municipal Police Officers and Firefighters Retirement System Act."
§8-22A-10. 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 […]
§8-22A-11. Federal Law Minimum Required Distributions
The requirements of this section apply to any distribution of a members or beneficiarys interest and take precedence over any inconsistent provisions of this plan. This section applies to plan years beginning after December 31, 1986. Notwithstanding anything in the plan to the contrary, the payment of benefits under this article shall be determined and […]
§8-22A-12. Direct Rollovers
Notwithstanding any provision of this article to the contrary that would otherwise limit a distributee's election under this plan, a distributee may elect, at the time and in the manner prescribed by the board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in […]
§8-22A-13. Rollovers and Transfers to Repay Withdrawn Contributions
(a) Notwithstanding any provision of this article to the contrary that would otherwise prohibit or limit rollovers and plan transfers to this system, the plan shall accept the following rollovers and plan transfers on behalf of a member solely for the purpose of the repayment of withdrawn or refunded contributions, in whole and in part, […]
§8-22A-14. Retirement Benefits
This section describes when adjustment of a members accrued benefit to reflect the difference in age, in years and months, between the members annuity starting date and the date the member attains normal retirement age shall be made. This age adjustment, when required, shall be made based on the normal form of benefit and shall […]
§8-22A-15. Annuity Options
Prior to the effective date of retirement, but not after that date, 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: (a) Option A — Contingent joint and survivor annuity. — A life annuity payable during the joint lifetime […]
§8-22A-16. Refunds to Certain Members on Discharge or Resignation; Deferred Retirement; Preretirement Death; Forfeitures
(a) Any member who terminates covered employment and is not eligible to receive disability benefits under this article is, by written request filed with the board, entitled to receive from the fund the members accumulated contributions. Except as provided in subsection (b) of this section, on withdrawal, the member shall forfeit his or her accrued […]
§8-22A-17. Awards and Benefits for Disability Duty Related; Exception During Early Period
(a) Except as provided in 8-22A-9(a) of this code, any member who after the effective date of this article and during covered employment: (1) Has been or becomes totally disabled by injury, illness or disease; and (2) the disability is a result of an occupational risk or hazard inherent in or peculiar to the services […]
§8-22A-18. Awards and Benefits for Disability Due to Other Causes; Exception During Early Period
(a) Except as provided in 8-22A-9(a) of this code, any municipal police officer or municipal firefighter with 10 or more years of contributory service who, after the effective date of this article and during covered employment: (1) Has been or becomes totally disabled from any cause other than those set forth in 8-22A-17 of this […]
§8-22A-19. Same — Physical Examinations; Recertification; Termination of Disability
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 be […]
§8-22A-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 2.75 percent per year of the members final average salary for the first 20 years of credited service. Additionally, 2 percent per year for 21 through 25 […]
§8-22A-20. Awards and Benefits to Surviving Spouse — When Member Dies in Performance of Duty, etc.; Exception During Early Period
(a) Except as provided in subsection (a), section nine of this article, 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 […]
§8-22A-21. Awards and Benefits to Surviving Spouse — When Member Dies From Nonservice-Connected Causes
(a) If a member who has been a member for at least ten years, while in covered employment after the effective date of this article, has died or dies from any cause other than those specified in section twenty of this article and not due to vicious habits, intemperance or willful misconduct on his or […]
§8-22A-22. Additional Death Benefits and Scholarships – Dependent Children
(a) Except as provided in 8-22A-9(a) of this code, in addition to the spouse death benefits in this article, 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 8-22A-20 or 8-22A-21 […]
§8-22A-23. Burial Benefit
Except as provided in subsection (a), section nine of this article, 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 $5,000. If the member is married, the burial benefit shall be paid to the member's spouse. If the […]
§8-22A-24. 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 […]
§8-22A-25. Right to Benefits Not Subject to Execution, etc.; Assignments Prohibited; Deductions for Group Insurance; Setoffs for Fraud; Exception for Certain Domestic Relations Orders; Assets Exempt From Taxes
The right of a person to any benefit provided in this article shall not be subject to execution, attachment, garnishment, the operation of bankruptcy or insolvency laws, or other process whatsoever, nor shall any assignment thereof be enforceable in any court except that the benefits or contributions under this system shall be subject to "qualified […]
§8-22A-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, on conviction thereof, shall be punished by a fine not to exceed $1,000, by confinement in jail not to exceed […]
§8-22A-27. Credit Toward Retirement for Member's Military Service; Qualified 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 […]