reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 18. Education › Article 7A. State Teachers Retirement System › §18-7A-25a. Prohibited Forced Retirement of College and University Professors

As of the effective date of this section, no person serving under a contract of unlimited tenure or similar arrangement providing for unlimited tenure at an institution of higher education shall be compelled to retire from such employment prior to attaining seventy years of age. In the event such person shall reach age seventy in the middle of a semester or fiscal year, such person shall not be compelled to retire prior to the end of the semester or fiscal year: Provided, That in no event shall such retirement be postponed beyond six months after the date on which such person attained the age of seventy: Provided, however, That nothing in this section shall be construed to preclude discharge of such person for cause.
2023 West Virginia Code › Chapter 18. Education › Article 7A. State Teachers Retirement System › §18-7A-26a. Additional Benefits for Certain Annuitants

Annuitants whose annuities were approved by the retirement board on or before December 18, 1962, shall, upon written application, receive in addition to such approved annuities a monthly allowance computed as follows: The annuitant's years of service shall be multiplied by $30 and this product shall then be divided by his monthly retirement allowance, as computed prior to the above-stated date, excluding any portion of said allowance which is based on voluntary deposits of the annuitant.
In addition thereto, beginning July 1, 1965, each annuitant under the provisions of this section shall receive a monthly amount equal to 76¢ multiplied by his total service credit.
2023 West Virginia Code › Chapter 18. Education › Article 7A. State Teachers Retirement System › §18-7A-26d. Supplemental Benefits for Certain Annuitants

As an additional supplement to other retirement allowances provided, each annuitant whose annuity was approved by the retirement board prior to July 1, 1970, shall receive, upon application, an amount equal to twenty-five percent of his present retirement allowance.
2023 West Virginia Code › Chapter 18. Education › Article 7A. State Teachers Retirement System › §18-7A-26e. Supplemental Benefits to Certain Annuitants

(a) An annuitant whose annuity was approved by the board effective after June 30, 1963, and before July 1, 1970, may receive, at his election, an annuity of two percent of his average final salary times his total service credit, plus deposits and tax sheltered annuities, but not including the supplemental benefits permitted pursuant to sections twenty-six-a, twenty-six-b, twenty-six-c and twenty-six-d of this article. Any additional benefit conferred herein shall not be retroactive, but shall be paid beginning July 1, 1971, if the option to elect the above plan is exercised by the annuitant prior to May 31, 1971.
(b) An annuitant whose annuity was approved by the board effective before July 1, 1963, and any annuitant who is eligible for, but does not elect the plan specified in subsection (a) of this section shall receive, upon application, an additional amount equal to twenty-five percent of his present retirement allowance.
(c) Any retired teacher who was an employee of the West Virginia board of Governors or the state Board of Education and who was limited in the amount he could pay into the retirement system to $216 per year from July 1, 1963, to July 1, 1970, and who retired prior to February 1, 1970, shall have the option at any time within six months from the effective date hereof, to pay into the retirement system the difference between such limitations and twice the amount he would have paid therein had he been paying the full amount provided by law for members of the retirement system other than employees of the West Virginia board of Governors or the state Board of Education. Upon completion of such above-named contributions the annuitant shall be entitled to benefits under the formula specified in subsection (a) of this section, plus deposits and tax sheltered annuities, but not including the supplemental benefits permitted pursuant to sections twenty-six-a, twenty-six-b, twenty-six-c and twenty-six-d of this article. Any additional benefit conferred herein shall not be retroactive to the time of retirement, but shall be paid beginning July 1, 1971.
2023 West Virginia Code › Chapter 18. Education › Article 7A. State Teachers Retirement System › §18-7A-26f. Supplemental Benefits for Certain Annuitants

As an additional supplement to other retirement allowances provided, each annuitant whose retirement allowance became effective during the respective dates indicated in this section shall receive, upon application, an increased amount, payable monthly, which is the product of his present retirement allowance multiplied by the percentage increase applicable, according to the effective date of retirement and according to the plan of retirement, as provided by the schedule below.
Effective Date ofPercentage of
RetirementRetirement Allowance Increase
July 1, 1941 through June 30, 1953 16.00%
July 1, 1953 through June 30, 1963 19.00%
July 1, 1963 through June 30, 1965 14.00%
July 1, 1965 through June 30, 1966 10.50%
July 1, 1966 through June 30, 1968 9.50%
July 1, 1968 through June 30, 1969 6.00%
July 1, 1969 through June 30, 1970 9.00%
Any additional benefit conferred herein shall not be retroactive to the time of retirement, but shall be paid as follows: One half of the respective retirement allowance percentage increase shall become effective July 1, 1973, and one half of the respective retirement allowance percentage increase shall become effective July 1, 1974.
2023 West Virginia Code › Chapter 18. Education › Article 7A. State Teachers Retirement System › §18-7A-26g. Supplemental Benefits for Certain Annuitants

From an appropriation of General Revenue Funds made annually by the Legislature for this purpose and as an additional supplement to other retirement allowances, each annuitant whose retirement allowance became effective during the respective dates indicated in this section shall receive, upon application, an amount which is the product of his present retirement allowance, including all of the supplemental benefits provided in the preceding section of this article, multiplied by the percentage increase applicable, according to the effective date of retirement and according to the plan of retirement, as provided by the schedule below.
Effective Date Percentage of Retirement
of Retirement Allowance Increase
July 1, 1941 through June 30, 1953 13.50%
July 1, 1953 through June 30, 1963 15.25%
July 1, 1963 through June 30, 1965 12.25%
July 1, 1965 through June 30, 1966 9.00%
July 1, 1966 through June 30, 1968 8.75%
July 1, 1968 through June 30, 1969 5.50%
July 1, 1969 through June 30, 1970 8.25%
Any additional benefit conferred herein shall not be retroactive to the time of retirement, but shall be paid beginning July 1, 1975.
2023 West Virginia Code › Chapter 18. Education › Article 7A. State Teachers Retirement System › §18-7A-26h. Supplemental Benefits for Certain Annuitants

Any annuitant who is receiving a retirement annuity of less than $7,500 annually on the effective date of this section shall receive a supplemental benefit, prospectively, under this section: Provided, That the effective date of retirement for such annuitant was prior to July 1, 1979, and he had ten years or more of credited service at the time of such retirement. For the purposes of this section, "effective date of retirement" means the last day of actual employment, or the last day carried on the payroll of the employer, whichever is later, together with a meeting fully of all eligibility requirements for retirement prior to the aforesaid effective date. Any annuitant retired pursuant to the disability provisions of this article shall be considered to have had ten years or more credited service at the time of such retirement.
Each such annuitant shall receive as his supplemental benefit an increased annual amount which is the product of the sum of $18 multiplied by his years of credited service: Provided, That the total annuity of any annuitant affected by the provisions of this section, together with any of the other provisions of this article, shall not exceed $7,500 annually.
Any annuitant receiving the supplemental benefit provided for herein for the annuity payment period just prior to July 1, 1985, or any annuitant made newly eligible for receipt of such supplemental benefit on such date, shall receive a nineteen percent increase in the amount of such supplemental benefit prior received or newly calculated, effective on and after July 1, 1985, and irrespective of the maximum total annuity proviso, and limitation of $7,500 annually. In any fiscal year in which pay increases are granted by the Legislature to active teachers, there may also be given an increase in retirement benefits for retired teachers, if funding is available for this purpose.
For the purpose of calculating the supplemental benefit provided in this section, fractional parts of a service credit year are to be disregarded unless in excess of one half of a credited service year, in which event the same shall constitute a full year of service credit.
On or after July 1, 1982, for the purpose of computation for determination of eligibility and for the amount of any supplemental benefit hereunder, separate computation shall be made of a retirant's own benefit and that which may be receivable as beneficiary of another, under the provisions of this article, with each such benefit being eligible for the supplemental benefit herein provided.
2023 West Virginia Code › Chapter 18. Education › Article 7A. State Teachers Retirement System › §18-7A-26i. Supplemental Benefits for Retired Teachers

Beginning on January 1, 1991, any annuitant who is receiving a retirement annuity on the effective date of this section shall receive a supplemental benefit, prospectively, if the effective date of retirement for such annuitant was prior to July 1, 1981, and such annuitant is not receiving supplemental benefits pursuant to section twenty-six-h of this article. For the purposes of this section, "effective date of retirement" means the last day of actual employment or the last day carried on the payroll of the employer, whichever is later, together with fully meeting all of the eligibility requirements for retirement prior to the aforesaid effective date.
Each such eligible annuitant shall receive as his or her supplemental benefit an increased annual amount which is the product of the sum of $18 multiplied by his or her years of credited service.
For the purpose of calculating the supplemental benefit provided in this section, fractional parts of a service credit year are to be disregarded unless in excess of one half of a credited service year, in which event a full year of service credit shall be given.
For the purpose of computation for determination of eligibility and for the amount of any supplemental benefit hereunder, separate computation shall be made of a retirant's own benefit and that which may be receivable as beneficiary of another, under the provisions of this article, with each such benefit being eligible for the supplemental benefit herein provided.
Prior to January 1, 1991, the executive secretary of the board shall provide to the Legislature information as to the number of annuitants who retired before July 1, 1981, the amounts of the annuities they receive, the amount of funds necessary to provide cost of living increases to such annuitants, and such other detail and related information as the Joint Committee on Government and Finance may direct.
2023 West Virginia Code › Chapter 18. Education › Article 7A. State Teachers Retirement System › §18-7A-26j. Supplemental Benefits for Certain Teachers Who Retired Prior to July 1, 1981

As an additional supplement to other retirement allowances provided, each annuitant whose annuity was approved by the retirement board prior to July 1, 1981, and such annuitant is not receiving supplemental benefits pursuant to section twenty-six-i of this article, shall receive a monthly amount equal to $1.25 multiplied by his or her total service credit.
2023 West Virginia Code › Chapter 18. Education › Article 7A. State Teachers Retirement System › §18-7A-26k. Supplemental Benefits for Certain Teachers Who Retired Between July 1, 1981, and July 1, 1982

As an additional supplement to other retirement allowances provided, each annuitant who retired between July 1, 1981, and July 1, 1982, shall receive a monthly amount equal to $2 multiplied by his or her total service credit.
2023 West Virginia Code › Chapter 18. Education › Article 7A. State Teachers Retirement System › §18-7A-26l. Supplemental Benefits for Certain Teachers Who Retired Prior to July 1, 1982

As an additional supplement to other retirement allowances provided, each annuitant whose annuity was approved by the retirement board prior to July 1, 1982, and whose benefits were increased in the year 1990, pursuant to the provisions of section twenty-six-i of this article, shall receive a monthly amount equal to 50¢ multiplied by his or her total service credit.
2023 West Virginia Code › Chapter 18. Education › Article 7A. State Teachers Retirement System › §18-7A-26m. Supplemental Benefits for Certain Teachers

(a) As an additional supplement to other retirement allowances provided, each annuitant whose annuity was approved by the retirement board prior to January 1, 1971, and who is receiving a monthly pension of $300 or less, shall receive a monthly amount equal to $1 multiplied by his or her total service credit.
(b) As an additional supplement to other retirement allowances provided, each annuitant whose annuity was approved on or after July 1, 1982, and before July 1, 1984, shall receive a monthly amount equal to $2 multiplied by his or her total service credit.
2023 West Virginia Code › Chapter 18. Education › Article 7A. State Teachers Retirement System › §18-7A-26n. Supplemental Benefits for Certain Teachers Who Retired on or After July 1, 1984, but Prior to July 1, 1986

As an additional supplement to other retirement allowances provided, each annuitant who retired on or after July 1, 1984, and before July 1, 1986, shall receive a monthly amount equal to $2 multiplied by his or her total service credit.
2023 West Virginia Code › Chapter 18. Education › Article 7A. State Teachers Retirement System › §18-7A-26o. Supplemental Benefits for Certain Teachers Who Retired Prior to July 1, 1986

As an additional supplement to other retirement allowances provided, each annuitant who retired before July 1, 1986, and who is receiving a monthly pension of $300 or less, shall receive a monthly total amount equal to $1 multiplied by his or her total service credit.
2023 West Virginia Code › Chapter 18. Education › Article 7A. State Teachers Retirement System › §18-7A-26p. Supplemental Benefits for Certain Teachers Who Retired on or After July 1, 1986, but Prior to April 1, 1988

As an additional supplement to other retirement allowances provided, each annuitant who retired on or after July 1, 1986, and before April 1, 1988, shall receive a monthly amount equal to $2 multiplied by his or her total service credit.
2023 West Virginia Code › Chapter 18. Education › Article 7A. State Teachers Retirement System › §18-7A-26q. Supplemental Benefits for Certain Teachers Who Retired Prior to April 1, 1988

As an additional supplement to other retirement allowances provided, each annuitant who retired before April 1, one thousand nine hundred eighty-eight, and who is receiving a monthly pension of $300 or less, shall receive a monthly total amount equal to $1 multiplied by his or her total service credit.
2023 West Virginia Code › Chapter 18. Education › Article 7A. State Teachers Retirement System › §18-7A-26r. Minimum Benefit for Certain Retired Members; Legislative Declaration; State Interest and Public Purpose

The Legislature hereby finds and declares that an important state interest exists in providing a minimum retirement annuity for certain retired members who are credited with twenty or more years of total service; that such program constitutes a public purpose; and that the exclusion of total service for certain employees of institutions of higher education is a reasonable and equitable exclusion for purposes of determining eligibility for such minimum benefits.
If the retirement annuity of a retired member (or if applicable, a spouse thereof) with at least twenty years of total service is less than $500 per month (including any supplemental or additional benefits provided by this article), then the monthly retirement annuity for any such retired member shall be increased to $500 per month: Provided, That any year of service while an employee of an institution of higher education shall not be taken into account for purposes of this section if his or her salary is capped under the retirement system at $4,800 per year pursuant to section fourteen-a of this article.
The payment of any minimum benefit under this section shall be in lieu of, and not in addition to, the payments of any retirement annuity or supplemental or additional benefits otherwise provided by this article: Provided, That the minimum benefit provided herein shall be subject to any limitations thereon under §415 of the Internal Revenue Code of 1986, as the same may be amended, and section twenty-eight-a of this article.
Any minimum benefit conferred herein shall not be retroactive to the time of retirement and shall apply only to members who have retired prior to the effective date of this section, or, if applicable, to beneficiaries receiving benefits under the retirement system prior to the effective date.
The minimum benefit provided herein shall be subject to a recommendation by the Governor for such minimum benefit through the delivery of an executive message to the Legislature and an appropriation by the Legislature for such minimum benefit, such appropriation to be made over a continuous six-year period following the effective date of this section.
2023 West Virginia Code › Chapter 18. Education › Article 7A. State Teachers Retirement System › §18-7A-26s. One-Time Supplement for Certain Annuitants Effective July 1, 2001

(a) A one-time supplement to retirement benefits shall be provided to retirees of this system who have: (i) Reached the specified age threshold; and (ii) have been in retirement status for the specified number of years, as follows:
(1) For retirees who, as of July 1, 2001, are at least sixty-five years of age and who have been an annuitant for at least five consecutive years, this one-time supplement shall equal five percent of his or her annuity benefit as of the effective date of this section;
(2) For retirees who, as of July 1, 2001, are at least seventy years of age and who have been an annuitant for at least five consecutive years, this one-time supplement shall equal ten percent of his or her annuity benefit as of the effective date of this section; and
(3) For any person who, as of July 1, 2001, is at least sixty-five years of age and who retired under the early retirement incentive provided in section thirty-five-b of this article, this one-time supplement shall equal three percent of his or her annuity benefit as of the effective date of this section and subdivisions (1) and (2) of this subsection do not apply.
(b) The one-time supplement provided for in this section applies only to members who have retired prior to or as of the effective date of this section or, if applicable, to beneficiaries receiving benefits under the retirement system prior to or as of the effective date of this section: Provided, That the supplement provided herein is subject to any applicable limitations thereon under Section 415 of the Internal Revenue Code of 1986, as amended.
2023 West Virginia Code › Chapter 18. Education › Article 7A. State Teachers Retirement System › §18-7A-26t. One-Time Supplement for Certain Annuitants Effective July 1, 2006

(a) A one-time supplement to retirement benefits of three percent shall be provided to all retirees that are age seventy or older and have been annuitants for at least five consecutive years as of July 1, 2006, and beneficiaries of deceased members who would have been at least seventy years of age or older and have been annuitants for at least five consecutive years as of July 1, 2006.
(b) The one-time supplement provided in this section applies only to members who have retired at least five years prior to July 1, 2006, or, if applicable, to beneficiaries of deceased members who have been receiving benefits under the retirement system at least five years prior to July 1, 2006: Provided, That the supplement provided herein is subject to any applicable limitations thereon under Section 415 of the Internal Revenue Code of 1986, as amended.
2023 West Virginia Code › Chapter 18. Education › Article 7A. State Teachers Retirement System › §18-7A-26u. One-Time Bonus Payment for Certain Annuitants Effective July 1, 2008

(a) As an additional bonus payment to other retirement allowances provided, a one-time bonus payment to retirement benefits shall be paid to retirants of the retirement system as provided in subsection (b) of this section. The one-time bonus payment shall equal $600 and shall be paid on July 25, 2008.
(b) The one-time bonus payment provided in this section applies to any retirant with at least twenty years of service as a contributing member who currently receives an annual retirement annuity of not more than $7,200. This one-time bonus payment is subject to any applicable limitations under section 415 of the Internal Revenue Code of 1986, as amended.
(c) The one-time bonus payment provided by this section shall be payable pro rata to any beneficiaries of a qualifying retirant who currently receive an annuity or other benefit payable by the retirement system.
2023 West Virginia Code › Chapter 18. Education › Article 7A. State Teachers Retirement System › §18-7A-26v. One-Time Bonus Payment for Certain Annuitants Effective July 1, 2011

(a) As an additional bonus payment to other retirement allowances provided, a one-time bonus payment to retirement benefits shall be paid to retirants of the retirement system as provided in subsection (b) of this section. The one-time bonus payment shall equal $1,200 and shall be paid on July 27, 2011.
(b) The one-time bonus payment provided in this section applies to any retirant with at least twenty years of service as a contributing member who currently receives an annual retirement annuity of not more than $7,200. This one-time bonus payment is subject to any applicable limitations under section 415 of the Internal Revenue Code of 1986, as amended.
(c) The one-time bonus payment provided by this section shall be payable pro rata to any beneficiaries of a qualifying retirant who currently receive an annuity or other benefit payable by the retirement system.
2023 West Virginia Code › Chapter 18. Education › Article 7A. State Teachers Retirement System › §18-7A-26w. Minimum Benefit for Certain Retired Members

(a) If the retirement annuity of a retirant (or applicable beneficiary thereof) with at least 25 years of total service is less than $750 per month (including any supplemental or additional benefits provided by this article), then the monthly retirement annuity for the retirant shall be increased to $750 per month: Provided, That any year of service while an employee of an institution of higher education may not be taken into account for purposes of this section if his or her salary was capped under the retirement system at $4,800 per year pursuant to §18-7A-14a of this code.
(b) Notwithstanding the provisions of subsection (a) of this section to the contrary, if the retirement annuity of a beneficiary of a retirant who chose option B – 50% joint and survivor annuity as provided in §162-4-5.1.3 and who had at least 25 years of credited service as of the effective date of this section is less than $375 per month (including any supplemental benefits or incentives provided by this article), then the monthly retirement benefit for the beneficiary shall be increased to $375 per month: Provided, That any year of service while an employee of an institution of higher education may not be taken into account for purposes of this section if his or her salary was capped under the retirement system at $4,800 per year pursuant to §18-7A-14a of this code.
(c) The payment of any minimum benefit under this section is in lieu of, and not in addition to, the payments of any retirement annuity or supplemental or additional benefits otherwise provided by this article: Provided, That the minimum benefit provided in this section is subject to any limitations thereon under §415 of the Internal Revenue Code of 1986, as the same may be amended, and §18-7A-28a of this code.
(d) Any minimum benefit conferred in this section is not retroactive to the time of retirement and applies only to members who have retired prior to the effective date of this section, or, if applicable, to beneficiaries receiving benefits under the retirement system prior to the effective date.
2023 West Virginia Code › Chapter 18. Education › Article 7A. State Teachers Retirement System › §18-7A-26x. One-Time Bonus Payment for Certain Annuitants

(a) As an additional bonus payment to other retirement allowances provided, a one-time bonus payment to retirement benefits shall be paid to retirants of the retirement system as provided in subsection (b) of this section. The one-time bonus payment shall equal $1,500 and shall be paid on or before December 31, 2023.
(b) The one-time bonus payment provided in this section applies to any retirant age 70 as of July 1, 2023, who has at least 20 years of service as of July 1, 2023, and whose monthly annuity is less than $1,000. This one-time bonus payment is subject to any applicable limitations under Section 415 of the Internal Revenue Code of 1986, as amended.
(c) The one-time bonus payment provided by this section shall be payable pro rata to any beneficiary of a qualifying retirant who currently receives an annuity or other benefit payable by the retirement system.
2023 West Virginia Code › Chapter 18. Education › Article 7A. State Teachers Retirement System › §18-7A-26y. Minimum Benefit for Certain Retired Members

(a) If the retirement annuity of a retirant (or applicable beneficiary thereof) at least 70 years of age with at least 25 years of total service as of July 1, 2023, is less than $1,000 per month (including any supplemental or additional benefits provided by this article), then the monthly retirement annuity for the retirant, beginning on or before December 31, 2023, shall be increased to $1,000 per month:
Provided
, That any year of service while an employee of an institution of higher education may not be taken into account for purposes of this section if his or her salary was capped under the retirement system at $4,800 per year pursuant to 18-7A-14a of this code.
(b) Notwithstanding any provision of subsection (a) of this section to the contrary, if the retirement annuity of a beneficiary at least 70 years of age as of July 1, 2023, of a retirant who chose option B 50 percent joint and survivor annuity under the retirement system and who had at least 25 years of total service is less than $500 per month (including any supplemental benefits or incentives provided by this article), then the monthly retirement benefit for the beneficiary shall be increased to $500 per month beginning on or before December 31, 2023:
Provided
, That any year of service while an employee of an institution of higher education may not be taken into account for purposes of this section if his or her salary was capped under the retirement system at $4,800 per year pursuant to 18-7A-14a of this code.
(c) The payment of any minimum benefit under this section is in lieu of, and not in addition to, the payments of any retirement annuity or supplemental or additional benefits otherwise provided by this article:
Provided
, That the minimum benefit provided in this section is subject to any limitations thereon under Section 415 of the Internal Revenue Code of 1986, as the same may be amended, and 18-7A-28a of this code.
(d) Any minimum benefit conferred in this section is not retroactive to the time of retirement and applies only to members who have retired prior to the effective date of this section, or, if applicable, to beneficiaries receiving benefits under the retirement system prior to the effective date.
2023 West Virginia Code › Chapter 18. Education › Article 7A. State Teachers Retirement System › §18-7A-28. Options to Beneficiaries; Change of Certain Options Because of Divorce or Annulment; Limitation on Recalculated Monthly Benefits

The retirement board is hereby authorized to offer plans, optional with the beneficiary, for the payment of allowances due such beneficiary for retirement, withdrawal or prior service pensions under the retirement system. No plans shall be offered, however, which are not approved by competent actuaries.
When a beneficiary and his or her spouse have been approved for a retirement plan which provides for them a joint life annuity, and their marriage is subsequently dissolved, the board shall permit such beneficiary to convert to the maximum life annuity plan approved by the board: Provided, That the beneficiary shall furnish to the board proof of entry of a final decree of divorce or annulment: Provided, however, That a beneficiary who qualifies for the change of retirement plans afforded by this section shall be permitted only one such change: Provided further, That the recalculated monthly benefits, independently of increases granted by law after the beneficiary's retirement, shall not exceed the monthly benefits which would have been applicable under the maximum life annuity plan at the time the beneficiary retired; and with such recalculation to be effective on the first day of the month following submission to the board by the beneficiary of proof of entry of a final decree of divorce or annulment.
Upon remarriage, a retirant may name the new spouse as an annuitant for any of the survivorship retirement benefit options offered by the provisions of this section: Provided, That the beneficiary shall furnish to the retirement board satisfactory proof of the marriage: Provided, however, That the retirant certifies under penalty of perjury that no qualified domestic relations order that would restrict such a designation is in effect: Provided further, That no cause or action against the board may then arise or be maintained on the basis of having permitted the retirant to name a new spouse as annuitant for any of the survivorship retirement benefit options. The value of the new survivorship annuity shall be the actuarial equivalent of the retirant's benefit prospectively in effect at the time the new annuity is elected.
2023 West Virginia Code › Chapter 18. Education › Article 7A. State Teachers Retirement System › §18-7A-28e. Limitations on Benefit Increases

(a) The state shall not increase any existing benefits or create any new benefits for any retirees or beneficiaries currently receiving monthly benefit payments from the retirement system, other than an increase in benefits or new benefits effected by operation of law in effect on the effective date of this article, in an amount that would exceed more than one percent of the accrued actuarial liability of the system as of the last day of the preceding fiscal year as determined in the annual actuarial valuation for each plan completed for the Consolidated Public Retirement Board as of the first day of the following fiscal year.
(b) If any increase of existing benefits or creation of new benefits for any retirees or beneficiaries currently receiving monthly benefit payments under the retirement system, other than an increase in benefits or new benefits effected by operation of law in effect on the effective date of this article, causes any additional unfunded actuarial accrued liability in any of the West Virginia state sponsored pension systems as calculated in the annual actuarial valuation for each plan during any fiscal year, additional unfunded actuarial accrued liability of that pension system shall be fully amortized over no more than the six consecutive fiscal years following the date the increase in benefits or new benefits become effective as certified by the Consolidated Public Retirement Board. Following the receipt of the certification of additional actuarial accrued liability, the Governor shall submit the amount of the amortization payment each year for the retirement system as part of the annual budget submission or in an executive message to the Legislature.
(c) Notwithstanding the provisions of subsections (a) and (b) of this section, the computation of annuities or benefits for active members due to retirement, death or disability as provided for in the retirement system shall not be amended in such a manner as to increase any existing benefits or to provide for new benefits.
(d) The provisions of this section terminate effective July 1, 2034: Provided, That if bonds are issued pursuant to article eight, chapter twelve of this code, the provisions of this section shall not terminate while any of the bonds are outstanding.
2023 West Virginia Code › Chapter 18. Education › Article 7A. State Teachers Retirement System › §18-7A-29. Fraud; Penalties

Any person who shall knowingly make any false statement or shall falsify or permit to be falsified any record or records of the retirement system in any attempt to defraud such system shall be guilty of a misdemeanor, and, upon conviction, be punished by a fine not exceeding $1,000, or imprisonment in jail not exceeding one year or both.
2023 West Virginia Code › Chapter 18. Education › Article 7A. State Teachers Retirement System › §18-7A-30. Exemption From Taxation, Garnishment and Other Process; Exception for Qualified Domestic Relations Order

The moneys in the various funds and the right of a member to a retirement allowance, to the return of contributions, or to any benefit under the provisions of this article, are hereby exempt from municipal tax; shall not be subject to execution, garnishment, attachment or any other process whatsoever except that any benefits or contributions under this 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 shall be unassignable except as is provided in this article.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.