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WV Code § 20-17-7 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 17. Multicounty Trail Network Authorities|§20-17-7. Requirements for Trail Users and Prohibited Acts; Criminal Penalties

(a) An authority may require recreational users to wear protective helmets or use safety equipment that the authority determines to be appropriate for the recreational activity in which the user is engaged.(b) Each trail user operating a bicycle or mountain bicycle shall obey all traffic laws, traffic-control devices, and signs within the recreational area, including those which restrict trails to certain types of bicycles or mountain bicycles.(c) Each trail user shall at all times remain within and on a designated and marked trail while within the recreational area.(d) A person may not ignite or maintain any fire within the recreational area except in a designated camp site.(e) A person may not operate a motor vehicle within the recreational area unless the person is authorized to operate a motor vehicle in the area to perform maintenance services or emergency response.(f) A person who violates any provision of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than $100. Prosecution or conviction for the misdemeanor described in this subsection shall not prevent or disqualify any other civil or criminal remedies for the conduct prohibited by this section.
WV Code § 20-17-8 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 17. Multicounty Trail Network Authorities|§20-17-8. Limiting Liability

(a) An owner of land used by an authority owes no duty of care to keep his or her land safe for entry or use by others for recreational purposes, or to give any warning of a dangerous or hazardous condition, use, structure, activity, or wild animal on such land to persons entering or going upon the land for such purposes. The provisions of this section apply regardless of whether the person entering or going upon the leased land is permitted to enter the land or is a trespasser.(b) Unless otherwise agreed in writing, an owner of land who grants a lease, easement, or license of land to an authority for recreational purposes does not, by giving a lease, easement or license: (1) Extend any assurance to any person using the land that the land is safe for any purpose; (2) confer upon those persons the legal status of a party to whom a duty of care is owed; or (3) assume responsibility for or incur liability for any injury to person or property or death caused by an act or omission of a person who enters upon the leased land. The provisions of this section apply whether the person entering or going upon the leased land is permitted to enter the land or is a trespasser.(c) Nothing in this section limits in any way any liability which otherwise exists for deliberate, willful, or malicious infliction of injury to persons or property: Provided, That nothing herein limits in any way the obligation of a person entering upon or using the land of another for recreational purposes to exercise due care in his or her use of the land and in his or her activities thereon, so as to prevent the creation of hazards or the commission of waste by himself or herself.
WV Code § 20-17A-1 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 17A. Mountaineer Trail Network Recreation Authority|§20-17A-1. Legislative Findings; Purpose

The Legislature further finds that, with the cooperation of private landowners, there is an opportunity to provide trail-oriented recreation facilities primarily on private property in the mountainous terrain of the Potomac Highlands and north central West Virginia and that the facilities will provide significant economic and recreational benefits to the state and to the communities in the Potomac Highlands and north central West Virginia through increased tourism in the same manner as whitewater rafting, snow skiing, and utility terrain motor vehicle riding benefit the state and communities surrounding those activities.The Legislature further finds that the creation and empowering of a joint development entity to work with the landowners, county officials and community leaders, state and federal government agencies, recreational user groups, and other interested parties to enable and facilitate the implementation of the facilities will greatly assist in the realization of these potential benefits.The purpose of this article is to provide additional opportunities and regulatory authorization for recreational trail networks and to provide for increased access to recreational areas, including, but not limited to, creating a contiguous trail system that connects to the Chesapeake and Ohio Canal Tow Path.
WV Code § 20-17A-2 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 17A. Mountaineer Trail Network Recreation Authority|§20-17A-2. Continuation of Mountaineer Trail Network Recreation Authority and Establishment of Recreation Area

(a) There is hereby continued the Mountaineer Trail Network Recreation Authority consisting of representatives from the counties of Barbour, Doddridge, Grant, Harrison, Lewis, Marion, Mineral, Monongalia, Preston, Randolph, Ritchie, Taylor, Tucker, Upshur, and Wood organized pursuant to the provisions of 20-17-1 et seq. of this code. This authority is authorized to establish a Mountaineer Trail Network Recreation Area within the jurisdictions of those counties and the authority shall be subject to the powers, duties, immunities, and restrictions provided in 20-17-1 et seq. of this code. Visitors and participants in recreational activities within the trail network shall, in similar respects, be subject to the user requirements and prohibitions of 20-17-7 of this code.(b) Notwithstanding subsection (a) of this section, an adjacent county may join the Mountaineer Trail Network Recreation Authority pursuant to the procedures set forth in 20-17-3(b) of this code.(c) Notwithstanding subsection (a) of this section, the Mountaineer Trail Network Recreation Authority may merge with another multicounty trail network authority, pursuant to the procedures set forth in 20-17-3(c) of this code.
WV Code § 20-17A-3 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 17A. Mountaineer Trail Network Recreation Authority|§20-17A-3. Recreational Purposes

The permitted recreational purposes for the Mountaineer Trail Network Recreation Area include, but are not limited to, any one or any combination of the following recreational activities: Hunting, fishing, swimming, boating, camping, picnicking, hiking, bicycling, mountain bicycling, running, cross-country running, nature study, winter sports and visiting, viewing or enjoying historical, archaeological, scenic, or scientific sites.
WV Code § 20-17A-4 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 17A. Mountaineer Trail Network Recreation Authority|§20-17A-4. Governing Body and Expenses

(a) The governing body of the authority shall be a board constituted according to the provisions of §20-17-4 of this code.(b) All costs incidental to the administration of the authority, including office expenses, personal services expenses and current expenses, shall be paid in accordance with guidelines issued by the board from funds accruing to the authority.(c) All expenses incurred in carrying out the provisions of this article shall be payable solely from funds provided under the authority of this article and according to the requirements of §20-17-1 et seq. of this code. No liability or obligation may be incurred by the authority under this article beyond the extent to which moneys have been provided under the authority of this article.
WV Code § 20-17A-5 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 17A. Mountaineer Trail Network Recreation Authority|§20-17A-5. Protection for Private Landowners

Owners of land used by the authority shall have the full benefit of the limitations of liability provided in §20-17-8 of this code.
WV Code § 20-18-1 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 18. West Virginia Division of Natural Resources Police Officer Retirement System|§20-18-1. Short Title

This article is known and may be cited as the "West Virginia Natural Resources Police Officers Retirement System Act."
WV Code § 20-18-3 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 18. West Virginia Division of Natural Resources Police Officer Retirement System|§20-18-3. 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 it has been amended.
WV Code § 20-18-4 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 18. West Virginia Division of Natural Resources Police Officer Retirement System|§20-18-4. Creation and Administration of West Virginia Natural Resources Police Officers Retirement System; Specification of Actuarial Assumptions

There is hereby created the West Virginia Natural Resources Police Officers Retirement System. The purpose of this system is to provide for the orderly retirement of Natural Resources Police Officers who become superannuated because of age or permanent disability and to provide certain survivor death benefits, and it is contemplated that substantially all of the members of the retirement system shall be qualified public safety employees as defined in 20-18-2 of this code. The retirement system shall come into effect January 1, 2021: Provided, That if the number of members in the system are fewer than 100 on July 1, 2022, then all of the provisions of this article are void and of no force and effect, and memberships in the plan will be merged into the Public Employees Retirement System created in 5-10-1 et seq. of this code. The retirement system constitutes a body corporate. All business of the system shall be transacted in the name of the West Virginia Natural Resources Police Officers Retirement System. The board shall specify and adopt all actuarial assumptions for the plan at its first meeting of every calendar year or as soon thereafter as may be practicable, which assumptions shall become part of the plan.
WV Code § 20-18-5 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 18. West Virginia Division of Natural Resources Police Officer Retirement System|§20-18-5. Article to Be Liberally Construed; Supplements Federal Social Security; Federal Qualification Requirements

(a) The provisions of this article shall be liberally construed to provide a general retirement system for Natural Resources Police Officers eligible to retire under the provisions of this plan. Nothing in this article may be construed to permit the state to substitute this plan for federal social security now in force in West Virginia.(b) The board shall administer the plan in accordance with its terms and may construe the terms and determine all questions arising in connection with the administration, interpretation and application of the plan. The board may sue and be sued, contract and be contracted with and conduct all the business of the system in the name of the plan. The board may employ those persons it considers necessary or desirable to administer the plan. All start-up costs to modify the existing line of business computer system and all personnel salary, including benefits, shall be paid by the board from funds received by the board through gifts and bequests to the fund and any accretions and accumulations which may properly be paid into and become a part of the fund. The board may receive gifts and bequests for purposes of paying start-up costs as set forth in this subsection. The board shall administer the plan for the exclusive benefit of the members and their beneficiaries subject to the specific provisions of the plan.(c) The plan is intended to meet the federal qualification requirements of Section 401(a) and related sections of the Internal Revenue Code as applicable to governmental plans. Notwithstanding any other provision of state law, the board shall administer the plan to fulfill this intent for the exclusive benefit of the members and their beneficiaries. Any provision of this article referencing or relating to these federal qualification requirements shall be effective as of the date required by federal law. The board may promulgate rules and amend or repeal conflicting rules in accordance with the authority granted to the board pursuant to 5-10D-1 of this code to assure compliance with the requirements of this section.
WV Code § 20-18-7 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 18. West Virginia Division of Natural Resources Police Officer Retirement System|§20-18-7. Creation of Fund; Investments

(a) There is hereby created the "West Virginia Natural Resources Police Officer 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 such amounts as are designated by the board for payment of benefits as provided in this article, shall be held in trust and invested in the consolidated pensions fund as administered by the state Investment Management Board as provided by law.
WV Code § 20-18-8 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 18. West Virginia Division of Natural Resources Police Officer Retirement System|§20-18-8. Members Contributions; Employer Contributions

(a) There shall be deducted from the monthly salary of each member and paid into the fund an amount equal to nine and one-half percent of his or her monthly salary. (b) An additional 12 percent of the monthly salary of each member shall be paid to the fund by the employer. (c) If the board finds that the benefits provided by this article can be actuarially funded with a lesser contribution, then the board shall reduce the required member or employer contributions or both. The sums withheld each pay date shall be paid to the fund no later than 15 days following the end of the pay date.(d) Any active member who has concurrent employment in an additional job or jobs and the additional employment requires the Natural Resources Police Officer to be a member of another retirement system which is administered by the Consolidated Public Retirement Board pursuant to 5-10D-1 et seq. of this code shall make an additional contribution to the fund of nine and one-half percent of his or her monthly salary earned from any additional employment which requires the Natural Resources Police Officer to be a member of another retirement system which is administered by the Consolidated Public Retirement Board pursuant to 5-10D-1 et seq. of this code. An additional employer contribution shall be paid to the fund by the concurrent employer for which the member is employed in an amount equal to 12 percent of his or her monthly salary. If the board finds that the benefits provided by this article can be funded with a lesser contribution, then the board shall reduce the required member, or employer contributions or both. The sums withheld each calendar month shall be paid to the fund no later than 15 days following the end of the calendar month.
WV Code § 20-18-10 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 18. West Virginia Division of Natural Resources Police Officer Retirement System|§20-18-10. Transfer From Public Employees Retirement System

(a) The Consolidated Public Retirement Board shall, within 90 days of the effective date transfer assets from the Public Employees Retirement System trust fund into the West Virginia Natural Resources Police Officers Retirement trust fund.(b) The amount of assets to be transferred for each transferring Natural Resources Police Officer shall be computed as of January 1, 2021, using the actuarial valuation assumptions in effect for July 1, 2020, actuarial valuation of Public Employees Retirement System, and updated with seven and one-half percent annual interest to the date of the actual asset transfer. The market value of the assets of the transferring Natural Resources Police Officer in the Public Employees Retirement System shall be determined as of the end of the month preceding the actual transfer. To determine the computation of the asset share to be transferred the board shall:(1) Compute the market value of the Public Employees Retirement System assets;(2) Compute the accrued liability for all Public Employees Retirement System retirees, beneficiaries, disabled retirees and terminated inactive members;(3) Reduce the market value of Public Employees Retirement System assets by the accrued liability determined in subdivision (2) of this subsection;(4) Compute the entry age method accrued liability for all active Public Employees Retirement System members;(5) Compute the share of accrued liability as determined pursuant to subdivision (4) of this subsection, that is attributable to those Natural Resources Police Officers in Public Employees Retirement System who have elected to transfer to the plan;(6) Compute the percentage of actives accrued liability computed to the Natural Resources Police Officers by dividing subdivision (5) by subdivision (4) of this subsection;(7) Determine the asset share to be transferred from Public Employees Retirement System to the plan by multiplying subdivision (3) times subdivision (6) of this subsection.(c) Once a Natural Resources Police Officer has elected to transfer from the Public Employees Retirement System, transfer of that amount as calculated in accordance with the provisions of subsection (b) of this section by the Public Employees Retirement System shall operate as a complete bar to any further liability to the Natural Resource Police Officer transferring from the Public Employees Retirement System, and constitutes an agreement whereby the transferring Natural Resources Police Officer forever indemnifies and holds harmless the Public Employees Retirement System from providing him or her any form of retirement benefit whatsoever until such time as that Natural Resources Police Officer obtains other employment which would make him or her eligible to reenter the Public Employees Retirement System with no credit whatsoever for the amounts transferred to the Natural Resources Police Officer retirement system.
WV Code § 20-18-11 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 18. West Virginia Division of Natural Resources Police Officer Retirement System|§20-18-11. Notice Requirements

(a) The Division of Natural Resources shall prepare a written notice no later than August 1, 2020, to be delivered to each Natural Resources Police Officer actively employed by the division: Provided, That the division shall also deliver this notice on the first day of employment to any Natural Resources Police Officer hired after July 1, 2020, but before January 2, 2021. This notice shall clearly and accurately explain the benefits, financial implications and consequences to a Natural Resources Police Officer of electing to participate in the retirement plan created in this article, including the consequences and financial implications in regard to the benefits under the public employees insurance plan as set forth in 5-16-1 et seq. of this code. This notice shall be distributed to each Natural Resources Police Officer and the West Virginia Division of Natural Resources shall obtain a signed receipt from each Natural Resources Police Officer acknowledging that the Natural Resources Police Officer was provided a copy of the notice required in this subsection. If a Natural Resources Police Officer makes the election provided for in 20-18-6 of this code, he or she shall be considered to have made a voluntary, informed decision in regard to the election to participate in the retirement system created in this article.(b) Nothing in this section may be construed to alter, affect or change any of the rights and benefits of any Natural Resources Police Officer who has insurance coverage under 5-16-1 et seq. of this code as a result of being a spouse or dependent of a participant who is the primary insured under 5-16-1 et seq. of this code.(c) Nothing contained in this section may be construed to affect or pertain to any life insurance coverage under 5-16-1 et seq. of this code.
WV Code § 20-18-12 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 18. West Virginia Division of Natural Resources Police Officer Retirement System|§20-18-12. Retirement; Commencement of Benefits

A member may retire and commence to receive retirement income payments on the first day of the calendar month following the boards receipt of the members voluntary written application for retirement or the required beginning date, if earlier. Before receiving retirement income payments, the member shall have ceased covered employment and reached normal retirement age. The retirement income payments shall be in an amount as provided under 20-18-18 of this code: Provided, That retirement income payments under this plan shall be subject to the provisions of this article. Upon receipt of a request for estimation of benefits, the board shall promptly provide the member with an explanation of his or her optional forms of retirement benefits and the estimated gross monthly annuity. Upon receipt of properly executed retirement application forms from the member, the board shall process the members request and commence payments as soon as administratively feasible.
WV Code § 20-18-17 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 18. West Virginia Division of Natural Resources Police Officer Retirement System|§20-18-17. Conversion of Annual and Sick Leave Authorized for Health or Retirement Benefits

(a) Any member, who was a member of the Public Employee Retirement System prior to July 1, 2015, and who elected to become a member of this plan pursuant to 20-18-6 of this code and who has accrued annual leave or sick leave days with the division may elect to use the days at the time of retirement to acquire additional credited service in this retirement system. The accrued days shall be applied on the basis of two workdays credit granted for each one day of such accrued annual or sick leave days, with each month of retirement service credit to equal 20 workdays and with any remainder of 10 workdays or more to constitute a full month of additional credit and any remainder of less than 10 workdays to be dropped and not used. Additional service credited pursuant to the provisions of this section shall be allowed and not deemed to controvert the requirement of no more than 12 months credited service in any years period. (b) Nothing in this article may be construed to change a members eligibility to use accrued annual or sick leave days for extended insurance coverage as authorized pursuant to the provisions of 5-16-13 of this code. Any use of accrued annual or sick leave days for extended insurance coverage shall be as authorized by the provisions of 5-16-13 of this code.