WVC 16 - 5 V- 23
§16-5V-23. 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 an emergency medical
services officer, or the survivor spouse of a member who dies from
any cause while receiving benefits pursuant to section nineteen 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: (1) Two
thirds of the annual compensation received in the preceding
twelve-month period by the deceased member; or (2) 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-five and section twenty-six 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 2015 Regular Session
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