West Virginia Code 8-22-5 – Employees eligible for participation in fund
Employees eligible for participation in the fund shall include all employees who are employed by the city on a permanent basis. The following employees, however, shall not be eligible for participation in the fund:
Terms Used In West Virginia Code 8-22-5
- City: is a word of art and shall mean, include, and be limited to any Class I, Class II, and Class III city, as classified in section three of this article (except in those instances where the context in which used clearly indicates that a particular class of city is intended), heretofore or hereafter incorporated as a municipal corporation under the laws of this state, however created and whether operating under: (i) A special legislative charter. See West Virginia Code 8-1-2
- Contract: A legal written agreement that becomes binding when signed.
- 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
(1) Appointive members of administrative boards and commissions, except employees of such boards and commissions;
(2) Individuals employed under contract for a definite period or for the performance of a particular or special service;
(3) Employees serving on a part-time basis of less than one-half time;
(4) Policemen and firemen covered by a policemen's pension and relief fund or firemen's pension and relief fund;
(5) Employees who are paid in part by the state, county or other governmental agency, and only in part by the city;
(6) Employees who are past sixty years of age on the effective date of the fund; and
(7) Employees who are hired after the effective date of the fund and who were past sixty years of age at the time they were so employed. Effective January 1, 1987, a city may disregard this exception.
In case of doubt, the board of trustees of the fund may make determination as to any individual's eligibility to become a member of the fund.
All employees eligible for participation at the effective date of the fund shall become members of the fund, unless they file a written election not to become a member within thirty days after the effective date of the fund.
Effective January 1, 1987, a city may provide that employees who did not participate in the fund when first eligible, or who were not permitted to join the fund when they were first hired due to the prior age sixty limitation, may now participate. Such members may purchase prior service by paying into the fund the employee contributions they would have contributed had they been in the fund plus interest at the rate of six percent annually. Members shall be given two years to pay these contributions.