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WV Code § 20-18-18 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 18. West Virginia Division of Natural Resources Police Officer Retirement System|§20-18-18. 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 20-18-19 of this code, subject to reduction, if necessary to comply with the maximum benefit provisions of Section 415 of the Internal Revenue Code and 20-18-13 of this code. The first day of the calendar month following the calendar month of birth shall be used in lieu of any birth date that does not fall on the first day of a calendar month.(a) Normal retirement. A member whose annuity starting date is the date the member attains normal retirement age or later is entitled to his or her accrued retirement benefit based on years of service and final average salary at termination of employment. (b) Retirement benefits shall be paid monthly in an amount equal to one twelfth of the retirement income payments elected and at those times established by the board.
WV Code § 20-18-21 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 18. West Virginia Division of Natural Resources Police Officer Retirement System|§20-18-21. 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 (2) the disability is a result of an occupational risk or hazard inherent in or peculiar to the services required of members; or (3) the disability was incurred while performing law-enforcement functions during either scheduled work hours or at any other time; and (4) in the opinion of two physicians, one of whom shall be named by the board and one by the member, the member is by reason of the disability unable to perform adequately the duties required of a Natural Resources Police Officer, is entitled to receive and shall be paid from the fund in monthly installments the compensation under either subsection (b) or (c) of this section.(b) If the member is totally disabled, the member shall receive 90 percent of his or her average full monthly compensation for the 12-month contributory period preceding the members disability award, or the shorter period if the member has not worked 12 months.(c) If the member is partially disabled, the member shall receive 45 percent of his or her average full monthly compensation for the 12-month contributory period preceding the members disability award, or the shorter period if the member has not worked 12 months.(d) If the member remains partially disabled until attaining 60 years of age, the member shall then receive the retirement benefit provided in 20-18-18 and 20-18-19 of this code with the accrued benefit being computed with the multiplier in effect as of his or her effective date of retirement.(e) The disability benefit payments will begin the first day of the month following termination of employment and receipt of the disability retirement application by the Consolidated Public Retirement Board.
WV Code § 20-18-22 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 18. West Virginia Division of Natural Resources Police Officer Retirement System|§20-18-22. Awards and Benefits for Disability Due to Other Causes

(a) Any member with ten or more years of contributing service and 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 20-18-21 of this code and not due to vicious habits, intemperance, or willful misconduct on his or her part; and (2) in the opinion of two physicians, one of whom shall be named by the board and one by the member, he or she is by reason of the disability unable to perform adequately the duties required of a Natural Resources Police Officer, is entitled to receive and shall be paid from the fund in monthly installments the compensation set forth in either subsection (b) or (c) of this section.(b) If the member is totally disabled, he or she shall receive 66 and two-thirds percent of his or her average full monthly compensation for the 12-month contributory period preceding the disability award, or the shorter period, if the member has not worked 12 months.(c) If the member is partially disabled, he or she shall receive 33 and one-third percent of his or her average full monthly compensation for the 12-month contributory period preceding the disability award, or the shorter period, if the member has not worked 12 months.(d) If the member remains disabled until attaining 60 years of age, then the member shall receive the retirement benefit provided in 20-18-18 and 20-18-19 of this code with the accrued benefit being computed with the multiplier in effect as of his or her effective date of retirement.(e) The board shall propose legislative rules for promulgation in accordance with the provisions of 29A-3-1 et seq. of this code concerning member disability payments so as to ensure that the payments do not exceed 100 percent of the average current salary for the position last held by the member.(f) The disability benefit payments will begin the first day of the month following termination of employment and receipt of the disability retirement application by the Consolidated Public Retirement Board.
WV Code § 20-18-24 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 18. West Virginia Division of Natural Resources Police Officer Retirement System|§20-18-24. Prior Disability

Any Natural Resources Police Officer 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 not be a member of the Natural Resources Police Officer Retirement System.
WV Code § 20-18-25 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 18. West Virginia Division of Natural Resources Police Officer Retirement System|§20-18-25. 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 the performance of his or her duties as a Natural Resources Police Officer, or the survivor spouse of a member who dies from any cause while receiving benefits pursuant to 20-18-21 of this code, is entitled to receive and shall be paid from the fund benefits as follows: To the surviving spouse annually, in equal monthly installments during his or her lifetime an amount equal to the greater of: (i) Two thirds of the annual compensation received in the preceding 12-month period by the deceased member; or (ii) if the member dies after his or her normal retirement age, the monthly amount which the spouse would have received had the member retired the day before his or her death, elected a 100 percent joint and survivor annuity with the spouse as the joint annuitant, and then died.(b) Benefits for a surviving spouse received under this section, 20-18-27 and 20-18-28 of this code, are in lieu of receipt of any other benefits under this article for the spouse, or any other person, or under the provisions of any other state retirement system based upon the members covered employment.
WV Code § 20-18-26 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 18. West Virginia Division of Natural Resources Police Officer Retirement System|§20-18-26. 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 20-18-25 of this code, and not due to vicious habits, intemperance, or willful misconduct on his or her part, the fund shall pay annually in equal monthly installments to the surviving spouse during his or her lifetime, a sum equal to the greater of: (i) One half of the annual compensation received in the preceding 12-month employment period by the deceased member; or (ii) if the member dies after his or her early or normal retirement age, the monthly amount which the spouse would have received had the member retired the day before his or her death, elected a 100 percent joint and survivor annuity with the spouse as the joint annuitant, and then died. (b) Benefits for a surviving spouse received under 20-18-27 and 20-18-28 of this code, are in lieu of receipt of any other benefits under this article for the spouse or any other person or under the provisions of any other state retirement system based upon the members covered employment.
WV Code § 20-18-27 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 18. West Virginia Division of Natural Resources Police Officer Retirement System|§20-18-27. Additional Death Benefits and Scholarships - Dependent Children

(a) In addition to the spouse death benefits in 20-18-25 and 20-18-26 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 20-18-25 or 20-18-26 of this code, or if there is no surviving spouse, the fund shall pay monthly to each dependent child a sum equal to one fourth of the surviving spouses entitlement under either 20-18-25 or 20-18-26 of this code. If there is neither a surviving spouse nor a dependent child, the fund shall pay in equal monthly installments to the dependent parents of the deceased member during their joint lifetimes a sum equal to the amount which a surviving spouse, without children, would have received: Provided, That when there is only one dependent parent surviving, that parent is entitled to receive during his or her lifetime one-half the amount which both parents, if living, would have been entitled to receive: Provided, however, That if there is no surviving spouse, dependent child nor dependent parent of the deceased member the accumulated contributions shall be paid to a named beneficiary or beneficiaries: Provided further, That if there is no surviving spouse, dependent child, nor dependent parent of the deceased member, nor any named beneficiary or beneficiaries then the accumulated contributions shall be paid to the estate of the deceased member.(c) Any person qualifying as a dependent child under this section, in addition to any other benefits due under this or other sections of this article, is entitled to receive a scholarship to be applied to the career development education of that person. This sum, up to but not exceeding $7,500 per year, shall be paid from the fund to any higher education institution in this state, career-technical education provider in this state, or other entity in this state approved by the board, to offset the expenses of tuition, room and board, books, fees or other costs incurred in a course of study at any of these institutions so long as the recipient makes application to the board on an approved form and under such rules as the board may provide, and maintains scholastic eligibility as defined by the institution or the board. The board may propose legislative rules for promulgation in accordance with 29A-3-1 et seq. of this code which define age requirements, physical and mental requirements, scholastic eligibility, disbursement methods, institutional qualifications and other requirements as necessary and not inconsistent with this section. Scholarship benefits awarded pursuant to this subsection are not subject to division or payable to an alternate payee by any Qualified Domestic Relations Order.
WV Code § 20-18-28 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 18. West Virginia Division of Natural Resources Police Officer Retirement System|§20-18-28. 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 $5,000. If the member is married, the burial benefit shall be paid to the members spouse. If the member is not married, the burial benefit shall be paid to the members estate for the purposes of paying burial expenses, settling the members final affairs, or both. Any unspent balance shall be distributed as a part of the members estate. Burial benefits awarded pursuant to this section are not subject to division or payable to an alternate payee by any Qualified Domestic Relations Order.
WV Code § 20-18-29 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 18. West Virginia Division of Natural Resources Police Officer Retirement System|§20-18-29. 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 higher benefit, but not both.
WV Code § 20-18-30 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 18. West Virginia Division of Natural Resources Police Officer Retirement System|§20-18-30. 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 shall again become a contributing member during resumption of service. At the conclusion of resumed service in covered employment the member shall have his or her annuity recalculated to take into account the entirety of service in covered employment.
WV Code § 20-18-31 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 18. West Virginia Division of Natural Resources Police Officer Retirement System|§20-18-31. Exemption From 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 not subject to execution, garnishment, attachment, or any other process whatsoever with the exception that the benefits or contributions under the system shall be subject to "qualified domestic relations orders" as that term is defined in Section 414(p) of the Internal Revenue Code with respect to governmental plans, and are unassignable except as is provided in this article.
WV Code § 20-18-32 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 18. West Virginia Division of Natural Resources Police Officer Retirement System|§20-18-32. 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 fined not to exceed $1,000 or confined in jail not to exceed one year, or both fined and confined. Any increased benefit received by any person as a result of the falsification or fraud shall be returned to the fund upon demand by the board.
WV Code § 20-18-34 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 18. West Virginia Division of Natural Resources Police Officer Retirement System|§20-18-34. Pro Rata Reduction of Annuities

Any provision in this article to the contrary notwithstanding, if at the end of any fiscal year the total of the annuities paid from the retirement fund during the said fiscal year is more than 10 percent of the sum of the balances in the fund at the end of the said fiscal year, the said annuities payable in the next ensuing fiscal year shall be reduced, pro rata, so that the sum of the annuities so reduced shall not exceed 10 percent of the sum of the said balances in the fund. The said pro rata reduction shall be applied to all annuities payable in the said ensuing fiscal year.
WV Code § 20-18-35 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 18. West Virginia Division of Natural Resources Police Officer Retirement System|§20-18-35. Liability of Participating Public Employer for Delinquent Retirement Contributions; Liability of Participating Public Employer S Successor for Delinquent Retirement Contributions; Lien for Delinquent Contributions; Collection by Suit

The requirements for this section shall be the same as the requirements of 5-10D-11 of this code.
WV Code § 20-18-36 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 18. West Virginia Division of Natural Resources Police Officer Retirement System|§20-18-36. 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, are not forfeited.
WV Code § 20-18-37 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 18. West Virginia Division of Natural Resources Police Officer Retirement System|§20-18-37. 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.
WV Code § 21-1-1 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 1. Division of Labor|§21-1-1. Creation, Control and Management of Department

There shall be a state department of labor, which shall be under the control and management of a state commissioner of labor.
WV Code § 21-1-2 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 1. Division of Labor|§21-1-2. Appointment of Commissioner of Labor; Qualifications; Term of Office; Salary

The state Commissioner of Labor shall be appointed by the Governor, by and with the advice and consent of the Senate. He or she shall be a competent person, who is identified with and has knowledge and experience in employee issues and interests including employee-employer relations in this state. The commissioner shall receive an annual salary as provided in section two-a, article seven, chapter six of this code.
WV Code § 21-1-3 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 1. Division of Labor|§21-1-3. Inspections by Commissioner; Duties and Records of Employers; Commissioner May Appoint Assistants

The commissioner of labor and his or her authorized representatives shall have the power and authority in the discharge of their duties, to enter any place of employment or public institution, for the purpose of collecting facts and statistics relating to the employment of workers and of making inspections for the proper enforcement of all labor laws of the state. No employer or owner shall refuse to admit the commissioner of labor or his or her authorized representative when they so seek admission to his place of employment, public building, or place of public assembly.The commissioner or his or her authorized representative shall, at least once each year, visit and inspect the principal factories and workshops of the state, and shall, upon complaint and request of any three or more reputable citizens, visit and inspect any place where labor is employed and make true report of the result of his or her inspection. Every employer and owner shall furnish to the division of labor all information which the commissioner of labor or his or her representative is authorized to require, and shall make true and specific answers to all questions submitted by the division of labor, orally or in writing as required by said division. Every employer shall keep a true and accurate record of the name, address, and occupation of each person employed by him or her and of the daily and weekly hours worked by each such person, and of the wages paid each pay period to each such person. Such records shall be kept on file for at least one year after the date of the record. No employer shall make or cause to be made any false entries in any such record. In addition to such other powers and duties as may be conferred upon the commissioner of labor by law, the commissioner of labor shall have the power, duty, jurisdiction, and authority to employ, promote, and remove deputies, inspectors, clerks, and other assistants, as needed, and to fix their compensation, with regard to existing laws applicable to the employment and compensation of officers and employees of the State of West Virginia, and to assign to them their duties; to make or cause to be made all necessary inspections, including inspections relating to enforcing the West Virginia Contractor Licensing Act, 30-42-1 et seq., of this code, to see that all laws and lawful orders which the department has the duty, power, and authority to enforce, are promptly and effectively carried out.
WV Code § 21-1-4 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 1. Division of Labor|§21-1-4. Annual Report to Governor; Collection of Statistical Information

It shall be the duty of the commissioner of labor to collect, compile and present to the Governor, on or before December 1, of each year, an annual report, with statistical details relating to all departments of labor and the industrial interests of the state, especially in relation to the financial, social, educational and sanitary condition of the laboring classes, and all other statistical information that may tend to increase the prosperity of the productive industries of the state. He shall also make such suggestions as he may deem advisable as to legislation tending to promote and increase the prosperity of the industrial establishments of the state, and to protect the lives and health and promote the prosperity of the persons employed therein. All state, county, district and city officers shall furnish the commissioner of labor, upon request, all statistical information relating to labor which may be in their possession as such officers.
WV Code § 21-1-5 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 1. Division of Labor|§21-1-5. Continuation of Division

Pursuant to article ten, chapter four of this code, the Division of Labor shall continue to exist until July 1, 2004, unless sooner terminated, continued or reestablished pursuant to that article.