WVC 15 - 2 - 38
§15-2-38. Refund to dependents upon death of member not eligible
If any member dies and the board is of the opinion after
hearing that the dependent or dependents of the member are
ineligible under the provisions of this article to receive any of
the benefits provided herein, the board shall refund to the spouse,
if surviving, but if not surviving, to the children of the member,
and if there is no surviving spouse or children, to the dependent
parents, a sum equal to the aggregate of the principal amount of
all moneys deducted from the salary of the member and paid into the
fund. If there is no surviving spouse or children or dependent
parent or parents, then a sum equal to the aggregate of the
principal amount of all moneys deducted from the salary of the
member and paid into the fund will be paid to the member's estate.
Whenever a refund is made to the surviving spouse or other
dependents of the deceased member, the surviving spouse or other
dependents shall not be entitled to any other rights or benefits
from the fund.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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