reglab/statecodes huggingface dataset:
2023 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.
(d) The Mountaineer Trail Network Recreation Authority may set goals of connecting to the Upper Ohio Valley Trail Network Recreation Authority, the Elk River Trail, the Chesapeake and Ohio Canal Tow Path and any other trails in adjacent neighboring states that can be feasibly connected.
2023 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.
2023 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.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 17B. Upper Ohio Valley Trail Network Recreation Authority › §20-17B-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 Ohio River valley terrain of western counties in West Virginia and the northern panhandle of West Virginia and that the facilities will provide significant economic and recreational benefits to the state and to the communities in the Ohio River valley terrain of western counties in West Virginia and the northern panhandle of 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, adjacent neighboring states and counties, 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 Mountaineer Trail Network Recreation Authority and any other trails in adjacent neighboring states that can be feasibly connected.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 17B. Upper Ohio Valley Trail Network Recreation Authority › §20-17B-2. Creation of Upper Ohio Valley Trail Network Recreation Authority and Establishment of Recreation Area

(a) There is hereby created the Upper Ohio Valley Trail Network Recreation Authority consisting of representatives from all counties in the northern panhandle Hancock, Brooke, Ohio, and Marshall and Ohio River valley counties to include Wetzel, Tyler, Pleasants, Wood, Jackson, Mason, and Cabell, organized pursuant to the provisions of 20-17-1
et seq
. of this code. This authority is authorized to establish an Upper Ohio Valley 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 Upper Ohio Valley 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 Upper Ohio Valley 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.
(d) Notwithstanding 20-17A-4 of this code, Monongalia County of the Mountaineer Trail Network Recreation authority shall serve as an ex-officio member of the Upper Ohio Valley Trail Network Recreation Authority for the purposes of establishing the trail network and coordinating the two trail networks.
(e) The Upper Ohio Valley Trail Network Recreation Authority may set goals of connecting to the Mountaineer Trail Network and any other trails in adjacent neighboring states that can be feasibly connected.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 17B. Upper Ohio Valley Trail Network Recreation Authority › §20-17B-3. Recreational Purposes

The permitted recreational purposes for the Upper Ohio Valley 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.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 17B. Upper Ohio Valley Trail Network Recreation Authority › §20-17B-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.
2023 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.
2023 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.
2023 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 may also receive gifts and additional contributions for the purpose of supplementing the plan. 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 18. West Virginia Division of Natural Resources Police Officer Retirement System › §20-18-18. Retirement Benefits

This section provides for a members accrued benefit payable starting at the members annuity starting date which follows the completion of a written application for the commencement of benefits. The member shall receive the accrued retirement benefit in the normal form or in an actuarial equivalent amount in an optional form as provided under 20-18-19 of this code, subject to reduction, if necessary to comply with the maximum benefit provisions of Section 415 of the Internal Revenue Code and 20-18-13 of this code. The first day of the calendar month following the calendar month of birth shall be used in lieu of any birth date that does not fall on the first day of a calendar month.
(a)
Normal retirement
. A member whose annuity starting date is the date the member attains normal retirement age or later is entitled to his or her accrued retirement benefit based on years of service and final average salary at termination of employment.
(b) Retirement benefits shall be paid monthly in an amount equal to one twelfth of the retirement income payments elected and at those times established by the board.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 18. West Virginia Division of Natural Resources Police Officer Retirement System › §20-18-21. Award and Benefits for Disability Duty Related

(a) Any member who after the effective date of this article and during covered employment: (1) Has been or becomes either totally or partially disabled by injury, illness, or disease; and (2) the disability is a result of an occupational risk or hazard inherent in or peculiar to the services required of members; or (3) the disability was incurred while performing law-enforcement functions during either scheduled work hours or at any other time; and (4) in the opinion of two physicians based on a medical examination, one of whom shall be named by the board and one by the member, the member is by reason of the disability unable to perform adequately the duties required of a Natural Resources Police Officer, is entitled to receive and shall be paid from the fund in monthly installments the compensation under either subsection (b) or (c) of this section.
(b) If the member is totally disabled, the member shall receive 90 percent of his or her average full monthly compensation for the 12-month contributory period preceding the members disability award, or the shorter period if the member has not worked 12 months.
(c) If the member is partially disabled, the member shall receive 45 percent of his or her average full monthly compensation for the 12-month contributory period preceding the members disability award, or the shorter period if the member has not worked 12 months.
(d) If the member remains partially disabled until attaining 60 years of age, the member shall then receive the retirement benefit provided in 20-18-18 and 20-18-19 of this code with the accrued benefit being computed with the multiplier in effect as of his or her effective date of retirement.
(e) The disability benefit payments will begin the first day of the month following termination of employment and receipt of the disability retirement application by the Consolidated Public Retirement Board.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 18. West Virginia Division of Natural Resources Police Officer Retirement System › §20-18-22. Award and Benefits for Disability Due to Other Causes

(a) Any member with 10 or more years of contributing service and who after the effective date of this article and during covered employment: (1) Has been or becomes totally or partially disabled from any cause other than those set forth in 20-18-21 of this code and not due to vicious habits, intemperance, or willful misconduct on his or her part; and (2) in the opinion of two physicians based on a medical examination, one of whom shall be named by the board and one by the member, he or she is by reason of the disability unable to perform adequately the duties required of a Natural Resources Police Officer, is entitled to receive and shall be paid from the fund in monthly installments the compensation set forth in either subsection (b) or (c) of this section.
(b) If the member is totally disabled, he or she shall receive 66 and two-thirds percent of his or her average full monthly compensation for the 12-month contributory period preceding the disability award, or the shorter period, if the member has not worked 12 months.
(c) If the member is partially disabled, he or she shall receive 33 and one-third percent of his or her average full monthly compensation for the 12-month contributory period preceding the disability award, or the shorter period, if the member has not worked 12 months.
(d) If the member remains disabled until attaining 60 years of age, then the member shall receive the retirement benefit provided in 20-18-18 and 20-18-19 of this code with the accrued benefit being computed with the multiplier in effect as of his or her effective date of retirement.
(e) The board shall propose legislative rules for promulgation in accordance with the provisions of 29A-3-1
et seq
. of this code concerning member disability payments so as to ensure that the payments do not exceed 100 percent of the average current salary for the position last held by the member.
(f) The disability benefit payments will begin the first day of the month following termination of employment and receipt of the disability retirement application by the Consolidated Public Retirement Board.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 18. West Virginia Division of Natural Resources Police Officer Retirement System › §20-18-25. Awards and Benefits to Surviving Spouse When Member Dies in Performance of Duty, etc.

(a) The surviving spouse of any member who, after the effective date of this article while in covered employment, has died or dies by reason of injury, illness or disease resulting from an occupational risk or hazard inherent in or peculiar to the service required of members, while the member was or is engaged in the performance of his or her duties as a Natural Resources Police Officer, or the survivor spouse of a member who dies from any cause while receiving benefits pursuant to 20-18-21 of this code, is entitled to receive and shall be paid from the fund benefits as follows: To the surviving spouse annually, in equal monthly installments during his or her lifetime an amount equal to the greater of: (i) Two thirds of the annual compensation received in the preceding 12-month period by the deceased member; or (ii) if the member dies after his or her normal retirement age, the monthly amount which the spouse would have received had the member retired the day before his or her death, elected a 100 percent joint and survivor annuity with the spouse as the joint annuitant, and then died.
(b) Benefits for a surviving spouse received under this section, 20-18-27 and 20-18-28 of this code, are in lieu of receipt of any other benefits under this article for the spouse, or any other person, or under the provisions of any other state retirement system based upon the members covered employment.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 18. West Virginia Division of Natural Resources Police Officer Retirement System › §20-18-26. Awards and Benefits to Surviving Spouse When Member Dies From Nonservice-Connected Causes

(a) In any case where a member who has been a member for at least 10 years, while in covered employment after the effective date of this article, has died or dies from any cause other than those specified in 20-18-25 of this code, and not due to vicious habits, intemperance, or willful misconduct on his or her part, the fund shall pay annually in equal monthly installments to the surviving spouse during his or her lifetime, a sum equal to the greater of: (i) One half of the annual compensation received in the preceding 12-month employment period by the deceased member; or (ii) if the member dies after his or her early or normal retirement age, the monthly amount which the spouse would have received had the member retired the day before his or her death, elected a 100 percent joint and survivor annuity with the spouse as the joint annuitant, and then died.
(b) Benefits for a surviving spouse received under 20-18-27 and 20-18-28 of this code, are in lieu of receipt of any other benefits under this article for the spouse or any other person or under the provisions of any other state retirement system based upon the members covered employment.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 18. West Virginia Division of Natural Resources Police Officer Retirement System › §20-18-27. Additional Death Benefits and Scholarships - Dependent Children

(a) In addition to the spouse death benefits in 20-18-25 and 20-18-26 of this code, the surviving spouse is entitled to receive and there shall be paid to the spouse $100 monthly for each dependent child.
(b) If the surviving spouse dies while receiving death benefits provided in 20-18-25 or 20-18-26 of this code, or if there is no surviving spouse, the fund shall pay monthly to each dependent child a sum equal to one fourth of the surviving spouses entitlement under either 20-18-25 or 20-18-26 of this code. If there is neither a surviving spouse nor a dependent child, the fund shall pay in equal monthly installments to the dependent parents of the deceased member during their joint lifetimes a sum equal to the amount which a surviving spouse, without children, would have received:
Provided
, That when there is only one dependent parent surviving, that parent is entitled to receive during his or her lifetime one-half the amount which both parents, if living, would have been entitled to receive:
Provided, however
, That if there is no surviving spouse, dependent child nor dependent parent of the deceased member the accumulated contributions shall be paid to a named beneficiary or beneficiaries:
Provided further
, That if there is no surviving spouse, dependent child, nor dependent parent of the deceased member, nor any named beneficiary or beneficiaries then the accumulated contributions shall be paid to the estate of the deceased member.
(c) Any person qualifying as a dependent child under this section, in addition to any other benefits due under this or other sections of this article, is entitled to receive a scholarship to be applied to the career development education of that person. This sum, up to but not exceeding $7,500 per year, shall be paid from the fund to any higher education institution in this state, career-technical education provider in this state, or other entity in this state approved by the board, to offset the expenses of tuition, room and board, books, fees or other costs incurred in a course of study at any of these institutions so long as the recipient makes application to the board on an approved form and under such rules as the board may provide, and maintains scholastic eligibility as defined by the institution or the board. The board may propose legislative rules for promulgation in accordance with 29A-3-1
et seq
. of this code which define age requirements, physical and mental requirements, scholastic eligibility, disbursement methods, institutional qualifications and other requirements as necessary and not inconsistent with this section. Scholarship benefits awarded pursuant to this subsection are not subject to division or payable to an alternate payee by any Qualified Domestic Relations Order.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 18. West Virginia Division of Natural Resources Police Officer Retirement System › §20-18-28. Burial Benefit

Any member who dies as a result of any service related illness or injury after the effective date is entitled to a lump sum burial benefit of $5,000. If the member is married, the burial benefit shall be paid to the members spouse. If the member is not married, the burial benefit shall be paid to the members estate for the purposes of paying burial expenses, settling the members final affairs, or both. Any unspent balance shall be distributed as a part of the members estate. Burial benefits awarded pursuant to this section are not subject to division or payable to an alternate payee by any Qualified Domestic Relations Order.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 18. West Virginia Division of Natural Resources Police Officer Retirement System › §20-18-29. Double Death Benefits Prohibited

A surviving spouse is not entitled to receive simultaneous death benefits under this article as a result of the death of two or more members to whom the spouse was married. Any spouse who becomes eligible for a subsequent death benefit under this article while receiving a death benefit under this article shall receive the higher benefit, but not both.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 18. West Virginia Division of Natural Resources Police Officer Retirement System › §20-18-30. Return to Covered Employment by Retired Member

The annuity of any member who retires under the provisions of this article and who resumes service in covered employment shall be suspended while the member continues in covered employment. The monthly annuity payment for the month in which the service resumes shall be prorated to the date of commencement of service, and the member shall again become a contributing member during resumption of service. At the conclusion of resumed service in covered employment the member shall have his or her annuity recalculated to take into account the entirety of service in covered employment.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 18. West Virginia Division of Natural Resources Police Officer Retirement System › §20-18-31. Exemption From Garnishment and Other Process; Exception for Certain Qualified Domestic Relations Orders

The moneys in the fund and the right of a member, spouse or other beneficiary to benefits under this article, to the return of contributions, or to any retirement, death, or disability payments under the provisions of this article are not subject to execution, garnishment, attachment, or any other process whatsoever with the exception that the benefits or contributions under the system shall be subject to "qualified domestic relations orders" as that term is defined in Section 414(p) of the Internal Revenue Code with respect to governmental plans, and are unassignable except as is provided in this article.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 18. West Virginia Division of Natural Resources Police Officer Retirement System › §20-18-32. Fraud; Penalties; and Repayment

Any person who knowingly makes any false statement or who falsifies or permits to be falsified any record of the retirement system in any attempt to defraud that system is guilty of a misdemeanor and, upon conviction, shall be fined not to exceed $1,000 or confined in jail not to exceed one year, or both fined and confined. Any increased benefit received by any person as a result of the falsification or fraud shall be returned to the fund upon demand by the board.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 18. West Virginia Division of Natural Resources Police Officer Retirement System › §20-18-34. Pro Rata Reduction of Annuities

Any provision in this article to the contrary notwithstanding, if at the end of any fiscal year the total of the annuities paid from the retirement fund during the said fiscal year is more than 10 percent of the sum of the balances in the fund at the end of the said fiscal year, the said annuities payable in the next ensuing fiscal year shall be reduced, pro rata, so that the sum of the annuities so reduced shall not exceed 10 percent of the sum of the said balances in the fund. The said pro rata reduction shall be applied to all annuities payable in the said ensuing fiscal year.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 18. West Virginia Division of Natural Resources Police Officer Retirement System › §20-18-35. Liability of Participating Public Employer for Delinquent Retirement Contributions; Liability of Participating Public Employer S Successor for Delinquent Retirement Contributions; Lien for Delinquent Contributions; Collection by Suit

The requirements for this section shall be the same as the requirements of 5-10D-11 of this code.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 19. Motorsport Responsibility Act › §20-19-1. Legislative Purposes

The West Virginia Legislature finds that motorsport activities are engaged in by a large number of citizens of West Virginia and that such activities also attract to West Virginia a large number of nonresidents, significantly contributing to the economy of West Virginia. Since it is recognized that there are inherent risks in motorsport activities which should be understood by participants therein and which are essentially impossible for the operators of motorsport businesses to eliminate, it is the purpose of this article to define those areas of responsibility and those affirmative acts for which the operators of motorsport businesses shall be liable for loss, damage, or injury suffered by participants, and to further define those risks which the participants expressly assume and for which there can be no recovery. It is the intent of the Legislature to expand the liability protections afforded with respect to motorsports and to not eliminate any other liability protections that may be available under statutory or common law.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 19. Motorsport Responsibility Act › §20-19-2. Definitions

In this article, unless a different meaning plainly is required:
(1) "Driver training" means qualified instruction to enhance a vehicle operators ability to learn vehicle control, provided by a motorsport facility.
(2) "Lessee" means any qualified person or organization with the necessary licenses and liability insurance meeting the motorsport operators lease requirements to operate a motorsport facility.
(3) "Motorized vehicle" means an automobile, motorcycle, or any other vehicle propelled by power, other than muscular power, used to transport persons and which operates within the confines of a motorsport facility.
(4) "Motorsport activities" means driver training, vehicle storage, competitive racing, non-competitive driving events, exhibitions of speed, fairs or shows using motorized vehicles, or other forms of recreation involving the use of motor vehicles, including motorcycles.
(5) "Motorsport facility" means a speedway or racetrack designed and intended for motorsport activities.
(6) "Motorsport operator" means any person, partnership, corporation, lessee, or other organization, or any combination thereof offering motorsport activities.
(7) "Participant" means any person or organization using the services of a motorsport facility including, but not limited to, spectators, vehicle operators using either their own personally owned vehicle or a vehicle owned by the motorsport facility, or vehicle passengers using either their own personally owned vehicle or a vehicle owned by the motorsport facility.
(8) "Spectator area" means a specified area within a motorsport facility intended for admission to the general public, whether or not an admission price is charged, or to which admitted persons of the general public have unrestricted access, including the grandstands and other general admission seating or viewing areas.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 19. Motorsport Responsibility Act › §20-19-3. Duties of Motorsport Operators

(a) Every motorsport operator shall:
(1) Mark for identification purposes all equipment and vehicles used in the business;
(2) Maintain all equipment and vehicles used in the offering of motorsport activities in such condition that the equipment and vehicles are safe to operate or use as intended and recommended by the manufacturer;
(3) Provide facilities, equipment, and services conforming to safety and other requirements established by the rules promulgated by the Department of Economic Development;
(4) Provide or prepare facilities, equipment, and services for motorsports use as advertised or as agreed to by the motorsport operator and the participant;
(5) Procure and maintain commercial general liability insurance against claims for personal injury, death, and property damages occurring upon, in, or about the motorsport facility which affords protection to the limit of not less than $1 million for injury or death of a single person, to the limit of $2 million in the aggregate, and to the limit of not less than $50,000 for property damage; and
(6) Maintain records for a period of at least three years from the date of the creation of the record of:
(A) Proof of insurance;
(B) Inspection reports;
(C) Maintenance records; and
(D) Participant acknowledgement of risks and duties.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 19. Motorsport Responsibility Act › §20-19-4. Duties of Motorsport Participants

(a) All participants:
(1) Shall comply with the rules or regulations established for use by the motorsport operator;
(2) Shall wear all safety equipment as recommended by the motorsport operator, or which might otherwise be required by law;
(3) Shall obey all rules or instructions announced by the motorsport operator with regard to the safe operation of the motorized vehicle he or she is operating;
(4) Shall, as to the motorsport operator, expressly assume the risk of and legal responsibility for any injury, loss, or damage to person or property which results from participation in operating a motorized vehicle, and caused by any of the following:
(A) Variations in terrain, slope, or angle of terrain including elevation changes;
(B) Surface or subsurface conditions including, but not limited to, rocks or debris;
(C) Turns in the racetrack; and
(D) Collisions with retaining walls, tire walls, trees, fences, other vehicles, or any property provided by the motorsport operator.
(b) Each participant shall have the sole individual responsibility for:
(1) Knowing the range of his or her ability to negotiate the course of the motorsport facility;
(2) Operating the motorized vehicle within the limits of the participants own ability;
(3) Heeding all posted warnings;
(4) Operating only within the designated area and designated times as provided by the motorsport operator; and
(5) Refraining from acting in a manner which a reasonable person would believe to be likely to cause or contribute to the injury of any person.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 19. Motorsport Responsibility Act › §20-19-5. Liability of Motorsport Operators

(a) A motorsport operator is liable for injury, loss, or damage caused by failure to follow the duties set forth in 20-19-3 of this code where the violation of duty is the proximate cause of the injury, loss, or damage suffered.
(b) A motorsport operator is not liable for any injury, loss, or damage to the extent caused by the negligence of any person who is not an agent or employee of the motorsport operator.
(c) A motorsport operator is not liable for any injury, loss, or damage to the extent caused by a participants violation of any duty described in 20-19-4 of this code.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 19. Motorsport Responsibility Act › §20-19-6. Liability of Motorsport Participants

(a) A participant is not liable for any injury, loss, or damage resulting from violations of the duties established in 20-19-4 of this code where the violation of the duty constitutes simple negligence on the part of the participant, or where the injury, loss, or damage is a result of the risks inherent in motorsports.
(b) A participant is liable for injury, loss, or damage resulting from violations of the duties established in 20-19-4 of this code where the violation of the duty constitutes gross negligence, willful and wanton conduct, or intentional acts on the part the participant, and is the proximate cause of the injury, loss, or damage suffered.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 19. Motorsport Responsibility Act › §20-19-7. Rules

The Department of Economic Development shall promulgate rules pursuant to 29A-1-1
et seq
. of this code, with respect to motorsport facilities operating in the state, which shall include at a minimum: (a) Safety requirements for equipment; (b) safety requirements for the design of racing surfaces; (c) safety requirements for the provision of run-off areas; (d) requirements for fire and emergency services; and (e) requirements for signage. The rules shall be promulgated and designed for the purpose of developing motorsport facilities as a recreational activity and additional tourist attraction in West Virginia and shall be approved by the West Virginia Motorsport Committee.