West Virginia Code 51-9-1a – Definitions
(a) Notwithstanding any other provision of this code to the contrary, as used in this article, the term “judge”, “judge of any court of record”, or “judge of any court of record of this state” means, refers to, and includes judges of the several family courts, circuit courts, judges of the Intermediate Court of Appeals, and justices of the Supreme Court of Appeals.
Terms Used In West Virginia Code 51-9-1a
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Board: means the Consolidated Public Retirement Board created pursuant to §. See West Virginia Code 51-9-1a
- Internal Revenue Code: means the Internal Revenue Code of 1986, as it has been amended. See West Virginia Code 51-9-1a
- judge of any court of record of this state: means , refers to, and includes judges of the several family courts, circuit courts, judges of the Intermediate Court of Appeals, and justices of the Supreme Court of Appeals. See West Virginia Code 51-9-1a
- Member: means a judge participating in this system. See West Virginia Code 51-9-1a
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- system: means the Judges' Retirement System created and established by this article. See West Virginia Code 51-9-1a
(b) “Actuarially equivalent” or “of equal actuarial value” means a benefit of equal value computed upon the basis of the mortality table and interest rates as set and adopted by the retirement board in accordance with the provisions of this article: Provided, That when used in the context of compliance with the federal maximum benefit requirements of section 415 of the Internal Revenue Code, “actuarially equivalent” shall be computed using the mortality tables and interest rates required to comply with those requirements.
(c) “Beneficiary” means any person, except a member, who is entitled to an annuity or other benefit payable by the retirement system.
(d) “Board” means the Consolidated Public Retirement Board created pursuant to § 5-10D-1 et seq. of this code.
(e) “Employer error” means an omission, misrepresentation or deliberate act in violation of relevant provisions of the West Virginia Code or of the West Virginia Code of State Rules or the relevant provisions of both the West Virginia Code and of the West Virginia Code of State Rules by the participating public employer that has resulted in an underpayment or overpayment of contributions required.
(f) “Final average salary” means the average of the highest 36 consecutive months’ compensation received by the member as a judge of any court of record of this state.
(g) “Internal Revenue Code” means the Internal Revenue Code of 1986, as it has been amended.
(h) “Member” means a judge participating in this system.
(i) “Plan year” means the 12-month period commencing on July 1 of any designated year and ending the following June 30.
(j) “Required beginning date” means April 1 of the calendar year following the later of: (1) The calendar year in which the member attains age 70.5 (if born before July 1, 1949) or age 72 (if born after June 30, 1949); or (2) the calendar year in which the member retires or otherwise separates from covered employment under this retirement system.
(k) “Retirement system” or “system” means the Judges’ Retirement System created and established by this article. Notwithstanding any other provision of law to the contrary, the provisions of this article are applicable only to family court judges, circuit judges, judges of the Intermediate Court of Appeals, and justices of the Supreme Court of Appeals in the manner specified in this article.