§7-14D-17. Prior disability.
Any deputy sheriff who became totally disabled as a result of
illness or injury incurred in the line of duty prior to the
effective date of this article may be a member of the plan at his
or her election and is entitled to disability, death and retirement
benefits under this article in lieu of any other disability, death
or retirement benefits provided solely in conjunction with a
retirement system of this state or his or her county of employment:
That the deputy sheriff would have been eligible for
disability under section fourteen of this article had that section
been in effect at the time of the disability. The amounts of the
benefits shall be determined as if the disability first commenced
after the effective date of this article with monthly compensation
equal to that average monthly compensation which the member was
receiving in the plan year prior to the initial disability. For
the purposes of this section, benefits paid pursuant to chapter
twenty-three of this code are not death or retirement benefits
provided solely in conjunction with a retirement system of this
state or county of this state.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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