51-9-1 Establishment
51-9-1a Definitions
51-9-1b Statement of legislative intent, policy and finding
51-9-2 Judges’ retirement fund created; composition
51-9-3 Custody, permissible investment and administration of retirement system trust fund; State Auditor’s authority as administrator and trust fund fiduciary; refunds required, including interest; federal qualification requirements
51-9-3a Specification of actuarial assumptions
51-9-4 Required percentage contributions from salaries; any termination of required contributions prior to actual retirement disallowed; leased employees; military service credit; maximum allowable and qualified military service; qualifiable prosecutorial servic
51-9-5 Election not to participate, contribute, or be a member; authorized transfers of service credit by a judge; duplicate use of service credit prohibited
51-9-6 Eligibility for and payment of benefits
51-9-6a Eligibility benefits; service and retirement of judges over sixty-five years of age
51-9-6b Annuities for surviving spouses and surviving dependent children of judges; automatic escalation and increase of annuity benefit; proration designation by judge permitted
51-9-6c Limitations on benefit increases
51-9-6d Adjusted annual retirement benefit calculations
51-9-7 Ineligibility to receive pay or benefits
51-9-8 Retirement upon disability
51-9-9 Determination of eligibility for benefits
51-9-10 Services of senior judges and justices
51-9-11 Monthly payments
51-9-12 Refunds
51-9-12a Federal law maximum benefit limitations
51-9-12b Federal minimum required distributions
51-9-12c Direct rollovers
51-9-12d Rollovers and transfers to purchase service credit or repay withdrawn contributions
51-9-13 Disqualification for pay and benefits
51-9-14 Moneys exempt from execution, etc.; unassignable and nontransferable; exception for certain domestic relations orders
51-9-15 County commissioners excluded
51-9-16 Severability of article and amendments thereto
51-9-17 Benefits not forfeited if system terminates
51-9-18 Correction of errors; underpayments; overpayments

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Terms Used In West Virginia Code > Chapter 51 > Article 9 - Retirement System for Judges of Courts of Record

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • 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.
  • 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
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Beneficiary: means any person, except a member, who is entitled to an annuity or other benefit payable by the retirement system. See West Virginia Code 51-9-1a
  • 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 created pursuant to §. See West Virginia Code 51-9-1a
  • Contract: A legal written agreement that becomes binding when signed.
  • County court: includes any existing tribunal created in lieu of a county commission. See West Virginia Code 2-2-10
  • Dependent: A person dependent for support upon another.
  • 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. See West Virginia Code 51-9-1a
  • Fiduciary: A trustee, executor, or administrator.
  • 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. See West Virginia Code 51-9-1a
  • 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.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Internal Revenue Code: means the Internal Revenue Code of 1986, as it has been amended. See West Virginia Code 51-9-1a
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • 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
  • 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.
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Member: means a judge participating in this system. See West Virginia Code 51-9-1a
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • 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 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
  • Statute: A law passed by a legislature.
  • system: means the Judges' Retirement System created and established by this article. See West Virginia Code 51-9-1a
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.