West Virginia Code 15-2A-13 – Same — When member dies from nonservice-connected causes before serving twenty years
(a) In any case where an employee while in active service of the agency, before having completed twenty years of service as an employee of the agency, dies from any cause other than those specified in this article and not due to vicious habits, intemperance or willful misconduct on his or her part, there shall be paid annually in equal monthly installments from the fund to the surviving spouse of the member during his or her lifetime, or until the surviving spouse remarries, a sum equal to one half of the base salary received in the preceding full twelve-month employment period by the deceased member: Provided, That if the member had not been employed with the agency for twelve full months prior to the disability, the amount of monthly salary shall be annualized for the purpose of determining the benefit. If there is no surviving spouse or the surviving spouse dies or remarries, there shall be paid monthly to each dependent child or children from the fund a sum equal to one fourth of the surviving spouse's entitlement. If there is no surviving spouse and no dependent child or children, there shall be paid annually in equal monthly installments from the fund to the dependent parents of the deceased member during their joint lifetimes a sum equal to the amount that a surviving spouse would have been entitled to receive: Provided, however, That when there is one dependent parent surviving, then that parent is entitled to receive during his or her lifetime one half the amount which both parents, if living, would have been entitled to receive: Provided further, That if there is no surviving spouse, dependent child or dependent parent of the deceased member, the accumulated contributions shall be paid to a named beneficiary or beneficiaries: And provided further, That if there is no surviving spouse, dependent child, dependent parent of the deceased member or any named beneficiary or beneficiaries, then the accumulated contributions shall be paid to the estate of the deceased member.
Terms Used In West Virginia Code 15-2A-13
- Accumulated contributions: means the sum of all amounts deducted from base salary, together with four percent interest compounded annually. See West Virginia Code 15-2A-2
- Agency: means the West Virginia State Police. See West Virginia Code 15-2A-2
- Base salary: means compensation paid to an employee without regard to any overtime pay. See West Virginia Code 15-2A-2
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Beneficiary: means a surviving spouse or other surviving beneficiary who is entitled to, or will be entitled to, an annuity or other benefit payable by the fund. See West Virginia Code 15-2A-2
- Board: means the Consolidated Public Retirement Board created pursuant to §. See West Virginia Code 15-2A-2
- Dependent: A person dependent for support upon another.
- Dependent child: means any unmarried child or children born to or adopted by a member or retirant of the fund who:
(A) Is under the age of 18. See West Virginia Code 15-2A-2
- Dependent parent: means the member's or retirant's parent or step-parent claimed as a dependent by the member or retirant for federal income tax purposes at the time of the member's or retirant's death. See West Virginia Code 15-2A-2
- Employee: means any person regularly employed in the service of the agency as a law-enforcement officer after March 12, 1994, and who is eligible to participate in the fund. See West Virginia Code 15-2A-2
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Member: means any person who has contributions standing to his or her credit in the fund and who has not yet entered into retirement status. See West Virginia Code 15-2A-2
- Salary: means the compensation of an employee, excluding any overtime payments. See West Virginia Code 15-2A-2
- Surviving spouse: means the person to whom the member or retirant was legally married at the time of the member's or retirant's death and who survived the member or retirant. See West Virginia Code 15-2A-2
- Years of service: means the months of service acquired by a member while in active employment with the agency divided by 12. See West Virginia Code 15-2A-2
(b) A surviving spouse or dependent of an employee meeting the requirements of this section is entitled to receive beneficiary payments on the first day of the month following the date the deceased member is removed from payroll by the agency. A surviving spouse or dependent of a member who is not currently an employee meeting the requirements of this section is entitled to receive beneficiary payments on the first day of the month following the date of the deceased member's death. A surviving spouse or dependent of a retirant meeting the requirements of this section is entitled to receive beneficiary payments on the first day of the month following the date of the deceased retirant's death. Upon receipt of properly executed forms from the agency and surviving spouse or dependent, the board shall process the surviving spouse or dependent benefit as soon as administratively feasible.