(a) Any member who terminates covered employment and is not eligible to receive disability or retirement income benefits under this article is, by written request filed with the board, entitled to receive from the fund the member’s accumulated contributions. Except as provided in subsection (b) of this section, upon withdrawal the member shall forfeit his or her accrued benefit and cease to be a member.

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Terms Used In West Virginia Code 20-18-20

  • Accrued benefit: means on behalf of any member two and one-quarter percent of the member's final average salary multiplied by the member's years of credited service: . See West Virginia Code 20-18-2
  • Accumulated contributions: means the sum of all amounts deducted from the annual compensation of a member or paid on his or her behalf pursuant to §. See West Virginia Code 20-18-2
  • Active member: means a member who is active and contributing to the plan. See West Virginia Code 20-18-2
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Beneficiary: means a natural person who is entitled to, or will be entitled to, an annuity or other benefit payable by the plan. See West Virginia Code 20-18-2
  • Board: means the Consolidated Public Retirement Board created pursuant to §. See West Virginia Code 20-18-2
  • Covered employment: means either: (1) Employment as a Natural Resources Police Officer and the active performance of the duties required of a Natural Resources Police Officer. See West Virginia Code 20-18-2
  • Credited service: means the sum of a member's years of service, active military duty, disability service, eligible annual and sick leave service. See West Virginia Code 20-18-2
  • Effective date: means January 2, 2021. See West Virginia Code 20-18-2
  • Fund: means the West Virginia Natural Resources Police Officer Retirement Fund created pursuant to §. See West Virginia Code 20-18-2
  • Member: means a person first hired as a Natural Resources Police Officer, as defined in subsection (z) of this section, on or after January 2, 2021, or a Natural Resources Police Officer first hired prior to the effective date and who elects to become a member pursuant to §. See West Virginia Code 20-18-2
  • Natural Resources Police Officer: means any person regularly employed in the service of the division as a law-enforcement officer on or after the effective date of this article, and who is eligible to participate in the fund. See West Virginia Code 20-18-2
  • Normal retirement age: means the first to occur of the following: (1) Attainment of age 55 years and the completion of 15 or more years of service. See West Virginia Code 20-18-2
  • Plan: means the West Virginia Natural Resources Police Officers Retirement System established by this article. See West Virginia Code 20-18-2
  • Public Employees Retirement System: means the West Virginia Public Employees Retirement System created by §. See West Virginia Code 20-18-2
  • retirement: means a member's termination from the employ of a participating public employer and the commencement of an annuity by the plan. See West Virginia Code 20-18-2
  • Retirement income payments: means the annual retirement income payments payable under the plan. See West Virginia Code 20-18-2

(b) Any member of this plan who ceases employment in covered employment and active participation in this plan, and who thereafter becomes reemployed in covered employment may not receive any credited service for any prior withdrawn accumulated contributions from either this plan or the Public Employees Retirement System relating to the prior covered employment unless following his or her return to covered employment and active participation in this plan, the member redeposits in this plan the amount of the withdrawn accumulated contributions submitted on salary earned while a Natural Resources Police Officer, together with interest on the accumulated contributions at the rate determined by the board from the date of withdrawal to the date of redeposit. Upon repayment he or she shall receive the same credit on account of his or her former service in covered employment as if no refund had been made. The repayment authorized by this subsection shall be made in a lump sum within 60 months of the Natural Resources Police Officer’s reemployment in covered employment or if later, within 60 months of the effective date of this article.

(c) A member of this plan who has elected to transfer from the Public Employees Retirement System into this plan pursuant to §20-18-6(b) of this code may not, after having transferred into and become an active member of this plan, reinstate to his or her credit in this plan any service credit relating to periods of non-Natural Resources Police Officer service which were withdrawn from the Public Employees Retirement System plan prior to his or her elective transfer into this plan.

(d) Any member of this plan who: (1) Was employed as a Natural Resource Police Officer prior to the effective date of this article; and (2) was not employed as a Natural Resource Police Officer on the effective date of this article; and (3) thereafter becomes reemployed in covered employment, may not receive any credited service for any previously withdrawn accumulated contributions from either this plan or the Public Employees Retirement System relating to the prior covered employment unless, following his or her return to covered employment and active participation in this plan, the member redeposits in this plan the amount of the withdrawn accumulated contributions submitted on salary earned while a Natural Resources Police Officer, together with interest on the accumulated contributions at the rate determined by the board from the date of withdrawal to the date of redeposit. Upon repayment he or she shall receive the same credit for his or her former service in covered employment as if no refund had been made. The repayment required by this subsection shall be made in a lump sum within 60 months of the Natural Resource Police Officers reemployment in covered employment.

(e) In the event a member dies from any cause other than those specified in § 20-18-25 of this code and does not have ten or more years of credited service, the member’s accumulated contributions may be paid to a named beneficiary or beneficiaries. If no beneficiary is named, then the accumulated contributions shall be paid to the estate of the deceased member.

(f) Every member who completes 120 months of covered employment is eligible, upon cessation of covered employment, to either withdraw his or her accumulated contributions in accordance with subsection (a) of this section, or to choose not to withdraw his or her accumulated contribution and to receive retirement income payments upon attaining normal retirement age.

(g) Notwithstanding any other provision of this article, forfeitures under the plan may not be applied to increase the benefits any member would otherwise receive under the plan.