(a) Any actively contributing member who has attained the age of sixty years or any member who has thirty-five years of total service as a teacher or nonteaching member in West Virginia, regardless of age, is eligible for an annuity. No new entrant nor present member is eligible for an annuity, however, if either has less than five years of service to his or her credit: Provided, That on and after July 1, 2013, any person who becomes a new member of this retirement system shall, in qualifying for retirement under this section, have five or more years of contributory service, all of which shall be actual, contributory ones.
(b) Any member who has attained the age of fifty-five years and who has served thirty years as a teacher or nonteaching member in West Virginia is eligible for an annuity.
(c) Any member who has served at least thirty but less than thirty-five years as a teacher or nonteaching member in West Virginia and is less than fifty-five years of age is eligible for an annuity, but the annuity shall be the reduced actuarial equivalent of the annuity the member would have received if the member were age fifty-five at the time such annuity was applied for.
(d) The request for any annuity shall be made by the member in writing to the retirement board, but in case of retirement for disability, the written request may be made by either the member or the employer.
(e) A member is eligible for annuity for disability if he or she satisfies the conditions in either subdivision (1) or (2) of this subsection and meets the conditions of subdivision (3) of this subsection as follows:
(1) His or her service as a teacher or nonteaching member in West Virginia must total at least ten years and service as a teacher or nonteaching member must have been terminated because of disability, which disability must have caused absence from service for at least six months before his or her application for disability annuity is approved.
(2) His or her service as a teacher or nonteaching member in West Virginia must total at least five years and service as a teacher or nonteaching member must have been terminated because of disability, which disability must have caused absence from service for at least six months before his or her application for disability annuity is approved and the disability is a direct and total result of an act of student violence directed toward the member.
(3) An examination by a physician or physicians selected by the retirement board must show that the member is at the time mentally or physically incapacitated for service as a teacher or nonteaching member, that for that service the disability is total and likely to be permanent and that he or she should be retired in consequence of the disability.
(f) Continuance of the disability of the retirant shall be established by medical examination, as prescribed in subdivision
(3), subsection (e) of this section, annually for five years after
retirement, and thereafter at such times required by the retirement
board. Effective July 1,1998, a member who has retired because of
a disability may select an option of payment under the provisions
of section twenty-eight of this article: Provided, That any option
selected under the provisions of section twenty-eight of this
article shall be in all respects the actuarial equivalent of the
straight life annuity benefit the disability retirant receives or
would receive if the options under said section were not available
and that no beneficiary or beneficiaries of the disability retirant
may receive a greater benefit, nor receive any benefit for a
greater length of time, than the beneficiary or beneficiaries would
have received had the disability retirant not made any election of
the options available under said section. In determining the
actuarial equivalence, the retirement board shall take into account
the life expectancies of the member and the beneficiary: Provided,
however, That the life expectancies may at the discretion of the
retirement board be established by an underwriting medical director
of a competent insurance company offering annuities. Payment of the
disability annuity provided in this article shall cease immediately
if the retirement board finds that the disability of the retirant
no longer exists, or if the retirant refuses to submit to medical
examination as required by this section.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.