WVC 5 - 10 - 15 B
§5-10-15b. Credit for public employment in another state.
(a) Any member of the retirement system who has previously
been employed in public employment in any other state of the United
States is entitled to receive credited service for the time of
public employment in that state, not to exceed five years, if the
member substantiates by appropriate documentation or evidence his
or her public employment in another state and makes contributions
as required: Provided,
That the member is not entitled to receive
the credited service if the employee is vested or entitled to be
vested in a retirement system of the state in which the employment
credit was earned and the member is entitled to service credit in
that retirement system for the employment period for which the
applicant seeks credited service in West Virginia: Provided,
That the service credit from the other state may not be
used to meet West Virginia's eligibility requirements for
retirement or vesting.
Members entitled to out-of-state service credit under the
provisions of this section shall make additional contribution to
the retirement system equal to the actuarial equivalent of the
amount which would have been contributed, together with earnings
thereon, by the member and the employer, had the member been
covered during the period of the retroactive service credit.
(b) In any case of doubt as to the period of service to be
credited a member under the provisions of this section, the Board
of Trustees has the final power to determine this period.
Note: WV Code updated with legislation passed through the 2012 1st Special Session