WVC 7 - 14 D- 18
§7-14D-18. Awards and benefits to surviving spouse -- When member
dies in performance of duty, etc.
(a) The surviving spouse of any member who, after the
effective date of this article while in covered employment, has
died or dies by reason of injury, illness or disease resulting from
an occupational risk or hazard inherent in or peculiar to the
service required of members, while the member was or is engaged in
the performance of his or her duties as a deputy sheriff, or the
survivor spouse of a member who dies from any cause while receiving
benefits pursuant to section fourteen of this article, is entitled
to receive and shall be paid from the fund benefits as determined
in subsection (b) of this section: To the surviving spouse
annually, in equal monthly installments during his or her lifetime
an amount equal to the greater of: (i) Two thirds of the annual
compensation received in the preceding twelve-month period by the
deceased member; or (ii) if the member dies after his or her early
or normal retirement age, the monthly amount which the spouse would
have received had the member retired the day before his or her
death, elected a one hundred percent joint and survivor annuity
with the spouse as the joint annuitant, and then died.
(b) Benefits for a surviving spouse received under this
section, section twenty and section twenty-one of this article are
in lieu of receipt of any other benefits under this article for the
spouse or any other person or under the provisions of any other
state retirement system based upon the member's covered employment.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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