WVC 15 - 2 A- 10
§15-2A-10. Same -- Due to other causes.
(a) If any employee while in active service of the agency
becomes partially or totally disabled on a probable permanent basis
to the extent that the employee cannot adequately perform the
duties required of an employee of the agency from any cause other
than those set forth in the preceding section and not due to
vicious habits, intemperance or willful misconduct on his or her
part, the employee shall be retired by the board. There shall be
paid annually to the retirant from the fund in equal monthly
installments, commencing on the date the retirant is retired and
continuing during the lifetime of the retirant or until the
retirant attains the age of fifty-five; while in status of
retirement an amount equal to one half the base salary received by
the retirant in the preceding full twelve-month period: Provided,
That if the retirant had not been employed with the agency for
twelve full months prior to the disability, the amount of monthly
base salary shall be annualized for the purpose of determining the
(b) The first day of the month following the date in which the
retirant attains age fifty-five, the retirant shall receive the
benefit provided in section six of this article as it would apply
to his or her final average salary based on earnings from the
agency through the day immediately preceding his or her disability.
The recalculation of benefit upon a retirant attaining age
fifty-five shall be considered to be a retirement under the provisions of section six of this article for purposes of
determining the amount of annual annuity adjustment and for all
other purposes of this article.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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