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WV Code § 18-7A-35 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 7A. State Teachers Retirement System|§18-7A-35. Coverage for Nonteaching Employees; Prior Service Credit

(a) Nonteaching employees shall mean all persons, except teachers, regularly employed for full-time service by the following educational agencies: (a) Any county board of education, (b) the state Board of Education, (c) the West Virginia board of regents, and (d) the Teachers' Retirement Board.(b) Such nonteaching employees shall be entitled to all the rights, privileges and benefits provided for teachers by this article, upon the same terms and conditions as are herein prescribed for teachers. Any member who was employed as a regular full-time employee in a nonteaching capacity by a Board of Education, school principal or school administrator, prior to the time he became eligible for membership in the state Teachers Retirement System, shall be granted prior service credit for such service upon making application to the retirement board and providing satisfactory evidence of such service.(c) Except as provided in section thirteen-b of this article, employees of the cooperative extension service and its predecessors in title, (agriculture extension division, West Virginia extension agency, and West Virginia University cooperative extension service) shall be entitled to all the rights, privileges and benefits provided for teachers by this article, upon the same terms and conditions as are herein prescribed for teachers. Any member of the extension service or its predecessors in title, who was employed for thirty hours or more per week, prior to the time he became eligible for membership in the state Teachers Retirement System, shall be granted service credit for such service upon making application to the retirement board and providing satisfactory evidence of such service. When the prior service is credited, each member of the retirement system so credited shall contribute an amount equal to the amount he would have contributed had he been a member of the retirement system during the period credited.
WV Code § 18-7A-35a (2021)
2021 West Virginia Code|Chapter 18. Education|Article 7A. State Teachers Retirement System|§18-7A-35a. Prior Service Credit for Former Members of the State Teachers Retirement System Employed in a Nonteaching Capacity

Any former member of the state Teachers Retirement System who was employed as a regular full-time employee in a nonteaching capacity by a Board of Education, school principal or school administrator, prior to the time he became eligible for membership in the state Teachers Retirement System, shall be eligible for prior service credit for such service. Upon making application to the retirement board and providing satisfactory evidence, prior service credit shall be granted and his retirement allowance shall be recomputed and adjusted to include such prior service credit. Any increased retirement allowance resulting from the provisions of this section shall not be retroactive.
WV Code § 18-7A-35c (2021)
2021 West Virginia Code|Chapter 18. Education|Article 7A. State Teachers Retirement System|§18-7A-35c. Termination of Benefits; Procedure

Whenever the board determines that (1) any person has knowingly made any false statement or falsified or permitted to be falsified any record or records of the retirement system in an attempt to defraud the system, or (2) any person who resumes employment with any governmental entity or accepts, directly or indirectly, work on a contract basis from any governmental entity, except as provided for under this article, the board shall terminate any benefit that a person is receiving, has received, or is entitled to receive under the early retirement provisions of this article. Further, if any person taking early retirement under this article desires to revoke his or her early retirement incentive, he or she shall be allowed to do so if he or she is entitled to regular retirement pursuant to this article: Provided, That such revocation shall be retroactive to the date of last employment and any incentive annuity already received by the retiree be repaid to the retirement system. Any person who revokes his or her early retirement incentive shall be thereafter carried upon the records of the retirement system as a regular retiree and shall not be entitled to any enhanced benefit by reason of the early retirement options contained in this article: Provided, however, That any person who opted to retire pursuant to the early retirement provisions of this article who would not have been and is not eligible for regular retirement but for the early retirement incentive options must upon returning to the employment of a participating employer, reapply for admission to a retirement system and repay all pension benefits paid to that person since the date his previous employment ceased. Any termination of benefits may be appealed pursuant to the state administrative procedures act in chapter twenty-nine-a of this code. The board shall promulgate rules regarding the procedure for termination of benefits and the repayment of any benefit, in accordance with the provisions of article three, chapter twenty-nine-a of this code.
WV Code § 18-7A-36 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 7A. State Teachers Retirement System|§18-7A-36. Joint Study of State Retirement Systems; Report to Joint Committee on Government and Finance by Specified Date of Study Conclusions

[Repealed.]
WV Code § 18-7A-37 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 7A. State Teachers Retirement System|§18-7A-37. 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 § 18-7A-38 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 7A. State Teachers Retirement System|§18-7A-38. Maximum Number of Days a Retired Teacher May Accept Employment; Calculating Days Worked for Retirants Engaged in Substitute Teaching

(a) The Legislature finds that:(1) The Consolidated Public Retirement Board has determined that retired substitute teachers should not perform substitute teaching without limit;(2) The Consolidated Public Retirement Board has established, by rule, a maximum number of days in which a retired teacher may accept employment prior to having his or her retirement benefit reduced; and(3) There have been inconsistencies in the manner in which county boards calculate the maximum number of days established by rule.(b) The Consolidated Public Retirement Board may not set forth in rule a maximum number of days in which a retired teacher may accept employment prior to having his or her retirement benefit reduced that is less than one hundred forty days.(c) For the purpose of calculating whether a retired substitute teacher has exceeded the maximum number of days in which a substitute teacher may accept employment without incurring a reduction in his or her retirement benefit, the number of days worked shall be determined by:(1) Totaling the number of hours worked; and(2) Dividing by the standard number of hours that a full-time teacher works per day.
WV Code § 18-7A-39 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 7A. State Teachers Retirement System|§18-7A-39. Employee Pension and Health Care Benefits Fund

(a) There is hereby created in the state Treasury a special revenue account designated as the "Employee Pension and Health Care Benefits Fund" to be administered by the Department of Administration. Funds in this account may be invested in the manner permitted by the provisions of article six, chapter twelve of this code, with all interest income credited to this Fund.(b) Effective July 1, 2005, any savings realized from the reduction in employer contributions for current retirement benefits, being the difference between the required employer contributions that would have been required into the Teachers Defined Contribution System as in effect immediately prior to July 1, 2005 and the required employer contribution for normal cost into the state Teachers Retirement System on and after July 1, 2005, shall be deposited into the Employee Pension and Health Care Benefits Fund. The Consolidated Public Retirement Board shall determine the annual amount of the savings based on the annual actuarial valuation for the plan prepared as of July 1, following the end of each fiscal year and certify the amount to the Governor by the thirty-first day of January of that fiscal year. The Governor shall submit the amount of the savings as part of the annual budget submission or in an executive message to the Legislature.(c) Moneys in the Employee Pension and Health Care Benefits Fund are to be used and expended to pay for the cost of unfunded health care benefits or unfunded pension benefits, or to be transferred into the Pension Liability Redemption Fund created in section eight, article eight, chapter twelve of this code as appropriated by the Legislature.
WV Code § 18-7A-40 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 7A. State Teachers Retirement System|§18-7A-40. Higher Education Employees

Nothing in this article or article seven-b of this chapter shall be construed:(1) To be in conflict with section four-a, article twenty-three, chapter eighteen of this code; or(2) To affect the membership of higher education employees who are currently members of either the state Teachers Retirement System created in this article or the Teachers' Defined Contribution Retirement System created in article seven-b of this chapter: Provided, That any higher education employees who are currently members of the Teachers' Defined Contribution Retirement System may become members of the Teachers Retirement System upon meeting the requirements of article seven-d of this chapter.
WV Code § 18-7B-1 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 7B. Teachers' Defined Contribution Retirement System|§18-7B-1. Short Title

This article shall be known and may be cited as the "Teacher's Retirement Reform Act".
WV Code § 18-7B-3 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 7B. Teachers' Defined Contribution Retirement System|§18-7B-3. Defined Contribution Retirement System Created and Established; Body Corporate

The teachers' defined contribution retirement system is hereby created and established to provide for the secure, fair and orderly retirement of the teachers and related personnel of the state. The defined contribution retirement system shall constitute a body corporate and all business of the system shall be transacted in the name of the teachers' defined contribution retirement system.
WV Code § 18-7B-4 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 7B. Teachers' Defined Contribution Retirement System|§18-7B-4. Article to Be Liberally Construed; Purpose; Federal Qualification Requirements

The provisions of this article shall be liberally construed so as to provide a general annuity based retirement system for teachers in this state. The purpose of this article is to provide a defined contribution retirement program which is fully funded on a current basis from employer and employee contribution.The retirement system 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 retirement system 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 section one, article ten-d, chapter five of this code to assure compliance with the requirements of this section.
WV Code § 18-7B-5 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 7B. Teachers' Defined Contribution Retirement System|§18-7B-5. Administration of the Teachers' Defined Contribution Retirement System

The Consolidated Public Retirement Board created pursuant to article ten-d, chapter five of this code shall administer the teachers' defined contribution retirement system. The board may sue and be sued, contract and be contracted with and conduct all the business of the defined contribution system in the name of the teachers' defined contribution retirement system.
WV Code § 18-7B-6 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 7B. Teachers' Defined Contribution Retirement System|§18-7B-6. Powers and Duties of the Consolidated Board in the Administration of the Defined Contribution System

The board has all powers necessary to effectuate the purposes of this article. The board shall contract with a private pension, insurance, annuity, mutual fund or other qualified company or companies to administer the day-to-day operations of the system. In selecting such company or companies the board shall take into account as its highest duty, the proper safeguard and protection of the member and employer contributions and the interest dividends, or other return thereon. The board shall promulgate rules regarding the proper investment of funds notwithstanding the provisions of article six, chapter twelve of this code.
WV Code § 18-7B-7a (2021)
2021 West Virginia Code|Chapter 18. Education|Article 7B. Teachers' Defined Contribution Retirement System|§18-7B-7a. Plan Closed to Persons Employed for the First Time After June, 2005; Former Employees

The retirement system created and established in this article shall be closed and no new members accepted in the system after June 30, 2005. Notwithstanding the provisions of sections seven and eight of this article, all persons who are regularly employed for full-time service as a member or an employee whose initial employment commences after June 30, 2005, shall become a member of the state Teachers' Retirement System created and established in article seven-a of this chapter: Provided, That any person rehired after June 30, 2005, shall become a member of the Teachers' Defined Contribution Retirement System created and established in this article, or of the Teachers Retirement System created and established in article seven-a of this chapter, depending upon which system he or she last contributed to while he or she was employed with an employer mandating membership and contributions to one of those plans: Provided, however, That a rehired person who thereby becomes a member of the Teachers' Defined Contribution Retirement System may become a member of the Teachers Retirement System within the applicable time periods and upon meeting the requirements provided in article seven-d of this chapter: Provided further, That any person rehired after December 31, 2007, who did not have at least $1 in the Teachers Defined Contribution Retirement System on December 31, 2007, and for whom the Teachers Defined Contribution Retirement System was the system to which he or she last contributed while employed by an employer who required membership and contributions to one of the two teachers retirement plans, shall, within ten days of returning to employment, affirmatively choose to reenter the Teachers Defined Contribution Retirement System or to become a contributing member of the Teachers Retirement System. Those rehired prior to July 1, 2008, and who did not have at least $1 in the Teachers Defined Contribution Retirement System on December 31, 2007, as determined by the Consolidated Public Retirement Board, shall be permitted to voluntarily elect to transfer effective August 1, 2008, upon written request to the Consolidated Public Retirement Board received no later than July 15, 2008.
WV Code § 18-7B-8 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 7B. Teachers' Defined Contribution Retirement System|§18-7B-8. Voluntary Participation in System; Expiration of Right to Elect Membership in Defined Contribution System

(1) Any employee who is a member of the existing retirement system may, upon written election, voluntarily elect membership in the Teachers' Defined Contribution Retirement System, on a prospective basis, on or after July 1, 1991. All benefits earned by any employee making a voluntary election under the existing retirement system prior to the voluntary election shall be frozen and made available to that employee upon retirement as provided by the existing retirement system. A member of the existing retirement system who has less than five years of contributing service in the existing retirement system may elect to withdraw his or her contribution plus interest thereon as if the member is terminating employment and upon withdrawal shall deposit the funds in the defined contribution system: Provided, That the member's years of contributing service in the existing system shall be applied toward the years of employment service required under section eleven of this article: Provided, however, That this election is allowed on a retroactive basis to July 1, 1991. For the purposes of this section, "frozen" means that the member's salary, years of service and any other factor to determine benefits shall be calculated as of the date that the member elected membership in the defined contribution system and after that date no increase in salary, years of service or any other factor may be used to increase the retirement benefit above that which it would be if a person retired upon the date that the election is made. After having made the election, the employee may not change such election or again become a member of the existing retirement system.(2) Notwithstanding any provision of this section to the contrary, after June 30, 2005, no person who is a member of the state Teachers Retirement System may elect membership in the Teachers' Defined Contribution Retirement System.
WV Code § 18-7B-8a (2021)
2021 West Virginia Code|Chapter 18. Education|Article 7B. Teachers' Defined Contribution Retirement System|§18-7B-8a. Qualified Military Service

Contributions, benefits and service credit with respect to qualified military service will be provided in accordance with section 414(u) of the Internal Revenue Code. For purposes of this section, "qualified military service" has the same meaning as in Section 414(u) of the Internal Revenue Code. The retirement board is authorized to determine all questions and make all decisions relating to this section and, pursuant to the authority granted to the retirement board in section one, article ten-d, chapter five of this code, may promulgate rules relating to contributions, benefits and service credit to comply with Section 414(u) of the Internal Revenue Code.
WV Code § 18-7B-9 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 7B. Teachers' Defined Contribution Retirement System|§18-7B-9. Members' Contributions; Annuity Account Established

(a) Each employee who is a member of the Defined Contribution System shall contribute four and one-half percent of his or her gross compensation by salary deduction. The salary deductions shall be made by the employer and shall be paid to the Teachers' Defined Contribution Retirement System within fifteen days of the end of the pay period: Provided, That the board may require any employer to make the payments within such shorter period as it may determine, upon at least sixty days notice to the employer, if the board determines the employer has the technological capacity to transfer the funds within the shorter period. The employer payments shall be remitted by the board within five working days to the private pension, insurance, annuity, mutual fund, or other qualified company or companies designated by the board to administer the day-to-day operations of the system.(b) All member contributions shall be immediately deposited to an account or accounts established in the name of the member and held in trust for the benefit of the member. An account agreement shall be issued to each member setting forth the terms and conditions under which contributions are received, and the investment and retirement options available to the member. The Board shall propose for legislative approval in accordance with article three, chapter twenty-nine-a of this code, pursuant to section six of this article, rules defining the minimum requirements for the investment and retirement options to be provided to the members.(c) The legislative rules proposed by the board, to the extent not inconsistent with the applicable provisions of the Internal Revenue Code of the United States, shall provide for varied retirement options including, but not limited to:(1) Lump sum or periodic payment distributions;(2) Joint and survivor annuities;(3) Other annuity forms in the discretion of the board;(4) Variable annuities which gradually increase monthly retirement payments: Provided, That said increased payments are funded solely by the existing current value of the member's account at the time the member's retirement payments commence and not, to any extent, in a manner which would require additional employer or employee contributions to any member's account after retirement or after the cessation of employment; and(5) The instances in which, if any, distributions or loans can be made to members from their annuity account balances prior to having attained the age of fifty-five.
WV Code § 18-7B-10 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 7B. Teachers' Defined Contribution Retirement System|§18-7B-10. Employer Contributions

Each participating employer shall annually make a contribution equal to seven and one-half percent of each member's gross compensation. The pro rata share of this amount shall be paid upon each date that a member contribution is made and shall be remitted as provided for in section nine of this article for credit to the member's annuity account. Each participating employer has a fiduciary duty to its employees to ensure that the employer contributions are timely made. In the case of an officer or employee of the state, any unpaid contribution shall be a state debt, contracted as a result of a casual deficit in state revenues, to be accorded preferred status over other expenditures.In the event that any payment is not timely made, the participating employer shall immediately give to the employee and the State Auditor notice in writing of the nonpayment, in such form and accompanied by such documentation as may be required by the Auditor. Notice to the Auditor shall operate in the manner of a requisition, and the Auditor shall transmit a warrant to the treasurer. At such time as funds are available in the appropriate account, the treasurer shall pay the employer contribution, together with appropriate daily interest.