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Home » US Law » 2022 West Virginia Code » Chapter 8. Municipal Corporations » Article 22A. West Virginia Municipal Police Officers and Firefighters Retirement System

§8-22A-28. How a Municipality or Municipal Subdivision Becomes a Participating Public Employer; Duty to Request Referendum on Social Security Coverage

(a) Subject to 8-22-16 of this code, any municipality or municipal subdivision employing municipal police officers or firefighters may by a majority of the members of its governing body eligible to vote, elect to become a participating public employer and thereby include its police officers and firefighters in the membership of the plan. The clerk […]

§8-22A-3. Meaning of Terms

Any term used in this article has the same meaning as when used in a comparable context in the laws of the United States, unless a different meaning is clearly required. Any reference in this article to the Internal Revenue Code means the Internal Revenue Code of 1986, as amended.

§8-22A-30. Limitation of Employer Liability

No municipality or municipal subdivision which has timely met all of its obligations under this article is liable for any payments or contributions to the retirement plan which are owed to the plan by another participating employer.

§8-22A-31. 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 the termination or discontinuance, to the extent then funded, are not forfeited.

§8-22A-32. Membership Retroactive in Certain Circumstances

(a) Notwithstanding all other provisions relating to this article and article twenty-two of this chapter, any police officer or firefighter hired by a participating public employer on or after June 1, 2009, and before January 1, 2010, who received notice at the time of employment that he or she may be placed in a new […]

§8-22A-33. Special Authorization for Municipal Police or Firefighters Hired After July 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, article twenty-two […]

§8-22A-34. Return to Covered Employment by Retirant

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 pro rated to the date of commencement of service, and the […]

§8-22A-35. Severability

If any part of this article is declared unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this article, or the article in its entirety.

§8-22A-4. Creation and Administration of West Virginia Municipal Police Officers and Firefighters Retirement System; Specification of Actuarial Assumptions

There is hereby created the West Virginia Municipal Police Officers and Firefighters Retirement System. The purpose of this system is to provide for the orderly retirement of certain police officers and firefighters who become superannuated because of age or permanent disability and to provide certain survivor death benefits. Substantially all of the members of the […]

§8-22A-6. Members

(a) A police officer or firefighter hired in covered employment after the effective date of this article by a municipality or municipal subdivision which has established and maintained a policemens pension and relief fund or a firemens pension and relief fund pursuant to 8-22-16 of this code and which is a participating employer or which […]

§8-22A-7. Creation of Fund; Investments; Actuarial Valuations

(a) There is hereby created the West Virginia Municipal Police Officers and Firefighters Retirement Fund for the benefit of the members of the retirement system created pursuant to this article and the dependents of any deceased or retired member of the system. (b) All moneys paid into and accumulated in the fund, except amounts designated […]

§8-22A-8. Members' Contributions; Employer Contributions

(a)(1) There shall be deducted from the monthly salary of each member and paid into the fund an amount equal to eight and one-half percent, or ten and one-half percent, if applicable, of his or her monthly salary. An additional amount shall be paid to the fund by the municipality or municipal subdivision in which […]

§8-22A-8a. Correction of Errors; Underpayments; Overpayments

(a) General rule. Upon learning of errors, the board shall correct errors in the plan 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 error not […]

§8-22A-9. Retirement; Commencement of Benefits; Insurance Requirements During Early Period

(a) To ensure the fiscal integrity of the retirement system during the start-up phase, no member is entitled to retirement, disability or death benefits under this retirement system until January 1, 2017. Participating municipalities shall purchase insurance for their new plan members to provide coverage in an amount equal to disability coverage otherwise provided in […]