WVC 15 - 2 - 30
§15-2-30. Awards and benefits for disability due to other causes.
(a) If any employee who has served less than twenty years and
who remains in the active service of the agency has, in the opinion
of the board, become permanently partially or totally disabled 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. The employee is entitled
to receive annually and shall be paid from the fund in equal
monthly installments during a period equal to one-half the time he
or she served as an employee of the agency or until the disability
eligibility sooner terminates, a sum equal to five and one-half
percent of the total salary which would have been earned during
twenty-five years of service. At the end of the one-half time
period of service, the benefit payable for the remainder of the
retirant's life is an annual sum paid in monthly installments equal
to one-half the base salary received by the retirant from the
agency in the preceding twelve-month period immediately prior to
the disability award: Provided,
That if the retirant was not
employed with the agency for twelve months immediately prior to the
disability award, the amount of monthly salary shall be annualized
for the purpose of determining the benefit.
(b) If the employee, at the time of retirement under the terms
of this section, has served twenty years or longer as an employee of the agency, the employee is entitled to receive annually and
shall be paid from the fund in equal monthly installments,
commencing on the date the employee is retired and continuing
during his or her lifetime while in status of retirement or until
the disability eligibility sooner terminates, a sum equal to five
and one-half percent of the aggregate of salary paid to the
retirant through the day immediately preceding his or her
disability award, to be determined in the manner provided by
subsection (c), section twenty-seven of this article.
(c) An employee awarded a disability benefit under the
provisions of this section may receive retirement disability
annuity payments on the day following the board's approval of his
or her disability application. Upon termination of employment and
receipt of properly executed forms from the agency and the
employee, the board shall process the disability retirement benefit
and commence annuity payments as soon as administratively feasible.
(d) For the purposes of this section, the term "salary" does
not include any compensation paid for overtime service.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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