Terms Used In West Virginia Code > Chapter 49 > Article 4 > Part IV - Multidisciplinary Teams, Case Plans,

• Accrued benefit: means on behalf of any member 2. See West Virginia Code 8-22A-2
• Accumulated contributions: means the sum of all retirement contributions deducted from the compensation of a member, or paid on his or her behalf as a result of covered employment, together with regular interest on the deducted amounts. See West Virginia Code 8-22A-2
• Active military duty: means full-time duty in the active military service of the United States Army, Navy, Air Force, Coast Guard or Marine Corps. See West Virginia Code 8-22A-2
• Adult: means a person who is at least eighteen years of age. See West Virginia Code 49-1-202
• Annual compensation: means the wages paid to the member during covered employment within the meaning of Section 3401(a) of the Internal Revenue Code, but determined without regard to any rules that limit the remuneration included in wages based on the nature or location of employment or services performed during the plan year plus amounts excluded under Section 414(h)(2) of the Internal Revenue Code and less reimbursements or other expense allowances, cash or noncash fringe benefits, or both, deferred compensation and welfare benefits. See West Virginia Code 8-22A-2
• 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.
• Annuity starting date: means the first day of the month for which an annuity is payable after submission of a retirement application or the required beginning date, if earlier. See West Virginia Code 8-22A-2
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Approval: means a finding by the Secretary of the Department of Health and Human Resources that a facility operated by the state has met the requirements of legislative rules promulgated for operation of that facility and that a certificate of approval or a certificate of operation has been issued. See West Virginia Code 49-1-203
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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 8-22A-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}
• Board: means the Consolidated Public Retirement Board. See West Virginia Code 8-22A-2
• Charter: shall mean , except where specific reference is made to a particular type of charter, either a special legislative charter (whether or not amended under the provisions of former §. See West Virginia Code 8-1-2
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• child: means an individual who meets one of the following conditions:

  (A) Is under thirteen years of age. See West Virginia Code 49-1-202

• child abuse or neglect: means any act or omission that creates an abused child or a neglected child as those terms are defined in this section. See West Virginia Code 49-1-201
• Code: shall mean the Code of West Virginia, 1931, as heretofore and hereafter amended. See West Virginia Code 8-1-2
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Court: means the circuit court of the county with jurisdiction of the case or the judge in vacation unless otherwise specifically provided. See West Virginia Code 49-1-207
• Covered employment: means either: (1) Employment as a full-time municipal police officer or firefighter and the active performance of the duties required of that employment. See West Virginia Code 8-22A-2
• Credited service: means the sum of a member's years of service, active military duty, and disability service. See West Virginia Code 8-22A-2
• Custodian: means a person who has or shares actual physical possession or care and custody of a child, regardless of whether that person has been granted custody of the child by any contract or agreement. See West Virginia Code 49-1-204
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dependent: A person dependent for support upon another.
• Disability service: means service credit received by a member, expressed in whole years, fractions thereof, or both, equal to one half of the whole years, fractions thereof, or both, during which time a member receives disability benefits under this article. See West Virginia Code 8-22A-2
• Division of Juvenile Services: means the division within the West Virginia Department of Military Affairs and Public Safety. See West Virginia Code 49-1-208
• Docket: A log containing brief entries of court proceedings.
• Effective date: means January 1, 2010. See West Virginia Code 8-22A-2
• Eligible owner: means a person or persons residing within the boundaries of a municipality or county, and owning an eligible dwelling within the boundaries of that municipality or county, irrespective of race, creed, national origin or sex, with respect to whom it is determined by the governing body of such municipality or county that (a) such person or persons, because of financial condition, age, infirmity, family size or other reasons, is unable to obtain, on suitable terms and conditions, loans or other credit necessary for the rehabilitation of such eligible dwelling, and hence requires the assistance as provided in this article, (b) such rehabilitation is necessary to place such eligible dwelling in a safe, sanitary and decent condition, and (c) the assistance as authorized in this article shall make financing available to such person or persons, or enable such person or persons, to obtain such financing on terms and conditions substantially more favorable to such person or persons than would otherwise be available. See West Virginia Code 8-20A-2
• 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 Regulations or the relevant provisions of both the West Virginia Code and of the West Virginia Code of State Regulations by the participating public employer that has resulted in an underpayment or overpayment of contributions required. See West Virginia Code 8-22A-2
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Facility: means a place or residence, including personnel, structures, grounds, and equipment used for the care of a child or children on a residential or other basis for any number of hours a day in any shelter or structure maintained for that purpose. See West Virginia Code 49-1-206
• Final average salary: means the average of the highest annual compensation received for covered employment by the member during any five consecutive plan years within the member's last 10 years of service while employed, prior to any disability payment. See West Virginia Code 8-22A-2
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fund: means the West Virginia Municipal Police Officers and Firefighters Retirement Fund created by this article. See West Virginia Code 8-22A-2
• Governing body: shall mean the mayor and council together, the council, the board of directors, the commission, or other board or body of any municipality, by whatever name called, as the case may be, charged with the responsibility of enacting ordinances and determining the public policy of such municipality. See West Virginia Code 8-1-2
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Hour of service: means : (1) Each hour for which a member is paid or entitled to payment for covered employment during which time active duties are performed. See West Virginia Code 8-22A-2
• in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Juvenile: means any person under eighteen years of age or is a transitioning adult. See West Virginia Code 49-1-202
• Law-enforcement officer: means a law-enforcement officer of the State Police, a municipality or county sheriff'. See West Virginia Code 49-1-208
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Member: means , except as provided in §. See West Virginia Code 8-22A-2
• Monthly salary: means the W-2 reportable compensation received by a member during the month. See West Virginia Code 8-22A-2
• Multidisciplinary team: means a group of professionals and paraprofessionals representing a variety of disciplines who interact and coordinate their efforts to identify, diagnose and treat specific cases of child abuse and neglect. See West Virginia Code 49-1-207
• Municipal firefighter: means an individual employed as a member of a paid fire department by a West Virginia municipality or municipal subdivision which has established and maintains a municipal firemen's pension and relief fund, and who is not a member of, and not eligible for membership in, a municipal firemen's pension and relief fund as provided in §. See West Virginia Code 8-22A-2
• Municipal police officer: means an individual employed as a member of a paid police department by a West Virginia municipality or municipal subdivision which has established and maintains a municipal policemen's pension and relief fund, and who is not a member of, and not eligible for membership in, a municipal policemen's pension and relief fund as provided in §. See West Virginia Code 8-22A-2
• Municipal subdivision: means any separate corporation or instrumentality established by one or more municipalities, as permitted by law. See West Virginia Code 8-22A-2
• Municipality: has the meaning ascribed to it in this code. See West Virginia Code 8-22A-2
• Needs Assessment: means an evidence-informed assessment which identifies the needs a child or family has, which, if left unaddressed, will likely increase the chance of reoccurring. See West Virginia Code 49-1-206
• Normal retirement age: means the first to occur of the following: (1) Attainment of age 50 years and the completion of 20 or more years of regular contributory service. See West Virginia Code 8-22A-2
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
• Ordinance: shall mean the ordinances and laws enacted by the governing body of a municipality in the exercise of its legislative power, and in one or more articles of this chapter, ordinances enacted by a county commission. See West Virginia Code 8-1-2
• Out-of-home placement: means a post-adjudication placement in a foster family home, kinship parent home, group home, nonsecure facility, emergency shelter, hospital, psychiatric residential treatment facility, staff secure facility, hardware secure facility, detention facility, or other residential placement other than placement in the home of a parent, custodian, or guardian. See West Virginia Code 49-1-206
• Parent: means an individual defined as a parent by law or on the basis of a biological relationship, marriage to a person with a biological relationship, legal adoption or other recognized grounds. See West Virginia Code 49-1-204
• Parental rights: means any and all rights and duties regarding a parent to a minor child. See West Virginia Code 49-1-204
• Parenting skills: means a parent'. See West Virginia Code 49-1-204
• Person: shall mean any individual, firm, partnership, corporation, company, association, joint-stock association, or any other entity or organization of whatever character or description. See West Virginia Code 8-1-2
• Physical or mental impairment: is a n impairment that results from an anatomical, physiological or psychological abnormality that is demonstrated by medically accepted clinical and laboratory diagnostic techniques. See West Virginia Code 8-22A-2
• Placement: means any temporary or permanent placement of a child who is in the custody of the state in any foster home, kinship parent home, group home, or other facility or residence. See West Virginia Code 49-1-206
• Plan: means the West Virginia Municipal Police Officers and Firefighters Retirement System established by this article. See West Virginia Code 8-22A-2
• Plan year: means the 12-month period commencing on January 1 of any designated year and ending the following December 31. See West Virginia Code 8-22A-2
• Pre-adjudicatory community supervision: means supervision provided to a youth prior to adjudication, for a period of supervision up to one year for an alleged status or delinquency offense. See West Virginia Code 49-1-206
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Regular contributory service: means a member's credited service excluding active military duty, disability service and accrued annual and sick leave service. See West Virginia Code 8-22A-2
• Regular interest: means the rate or rates of interest per annum, compounded annually, as the board adopts in accordance with the provisions of this article. See West Virginia Code 8-22A-2
• Rehabilitation: means a specific work of improvement within a municipality or county undertaken primarily to remodel, repair or rehabilitate an eligible dwelling. See West Virginia Code 8-20A-2
• 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. See West Virginia Code 8-22A-2
• Respondent: means all parents, guardians, and custodians identified in the child abuse and neglect petition who are not petitioners or copetitioners. See West Virginia Code 49-1-201
• retirement: means the first day of the month following or coincident with the latter of the last day the member worked in covered employment or the member's normal retirement age and after completing proper written application for retirement on an application supplied by the board. See West Virginia Code 8-22A-2
• Retirement income payments: means the monthly retirement income payments payable. See West Virginia Code 8-22A-2
• Risk and needs assessment: means a validated, standardized actuarial tool which identifies specific risk factors that increase the likelihood of reoffending and the factors that, when properly addressed, can reduce the likelihood of reoffending. See West Virginia Code 49-1-206
• Secretary: means the Secretary of the West Virginia Department of Health and Human Resources. See West Virginia Code 49-1-208
• Sexual abuse: means :

  (A) Sexual intercourse, sexual intrusion, sexual contact, or conduct proscribed by §. See West Virginia Code 49-1-201

• Sexual assault: means any of the offenses proscribed in §. See West Virginia Code 49-1-201
• 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
• Status offender: means a juvenile who has been adjudicated as one:

  (A) Who habitually and continually refuses to respond to the lawful supervision by his or her parents, guardian or legal custodian such that the juvenile'. See West Virginia Code 49-1-202

• Totally disabled: means a member's inability to engage in substantial gainful activity by reason of any medically determined physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months. See West Virginia Code 8-22A-2
• Year of service: means a member shall, except in his or her first and last years of covered employment, be credited with years of service credit based on the hours of service performed as covered employment and credited to the member during the plan year based on the following schedule:

  Hours of Service Year of Service Credited

  Less than 500 0

  500 to 999 1/3

  1,000 to 1,499 2/3

  1,500 or more 1

  During a member's first and last years of covered employment, the member shall be credited with one-twelfth of a year of service for each month during the plan year in which the member is credited with an hour of service for which contributions were received by the fund. See West Virginia Code 8-22A-2