WVC 8 - 22 A- 21
§8-22A-21. Awards and benefits to surviving spouse -- When member
dies from nonservice-connected causes.
(a) If a member who has been a member for at least ten years,
while in covered employment after the effective date of this
article, has died or dies from any cause other than those specified
in section twenty of this article and not due to vicious habits,
intemperance or willful misconduct on his or her part, the fund
shall pay annually in equal monthly installments to the surviving
spouse during his or her lifetime, a sum equal to the greater of:
(1) One-half of the annual compensation received in the preceding
twelve-month employment period by the deceased member; or (2) if
the member dies after his or her 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. If the member is receiving disability benefits
under this article at the time of his or her death, the amount of
the average monthly compensation which the member was receiving in
the plan year prior to the initial disability shall be substituted
for the annual compensation in subdivision (1) of this subsection.
(b) Benefits for a surviving spouse received under this
section, or other sections 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 on the member's covered employment.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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