Terms Used In West Virginia Code > Chapter 20 > Article 18 - West Virginia Division of Natural Resources Police Officer Retirement System

• Accrued benefit: means on behalf of any member two and one-quarter percent of the member's final average salary multiplied by the member's years of credited service: . See West Virginia Code 20-18-2
• Accumulated contributions: means the sum of all amounts deducted from the annual compensation of a member or paid on his or her behalf pursuant to §. See West Virginia Code 20-18-2
• Active member: means a member who is active and contributing to the plan. See West Virginia Code 20-18-2
• Active military duty: means full-time active duty with any branch of the armed forces of the United States, including service with the National Guard or reserve military forces when the member has been called to active full-time duty and has received no compensation during the period of that duty from any board or employer other than the armed forces. See West Virginia Code 20-18-2
• Actuarial equivalent: means a benefit of equal value computed upon the basis of the mortality table and interest rates as set and adopted by the retirement board in accordance with the provisions of this article: . See West Virginia Code 20-18-2
• Agency: means any branch, department or unit of the state government, however designated or constituted. See West Virginia Code 20-1-2
• Annual compensation: means the wages paid to the member during covered employment within the meaning of Section 3401(a) of the Internal Revenue Code, but determined without regard to any rules that limit the remuneration included in wages based upon the nature or location of employment or services performed during the plan year plus amounts excluded under Section 414(h)(2) of the Internal Revenue Code and less reimbursements or other expense allowances, cash or noncash fringe benefits or both, deferred compensation, and welfare benefits. See West Virginia Code 20-18-2
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Annuity starting date: means the first day of the first calendar month following receipt of the retirement application by the board or the required beginning date, if earlier: . See West Virginia Code 20-18-2
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• 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 natural person who is entitled to, or will be entitled to, an annuity or other benefit payable by the plan. See West Virginia Code 20-18-2
• Board: means the Consolidated Public Retirement Board created pursuant to §. See West Virginia Code 20-18-2
• Commission: means the Natural Resources Commission. See West Virginia Code 20-1-2
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Covered employment: means either: (1) Employment as a Natural Resources Police Officer and the active performance of the duties required of a Natural Resources Police Officer. See West Virginia Code 20-18-2
• Credited service: means the sum of a member's years of service, active military duty, disability service, eligible annual and sick leave service. See West Virginia Code 20-18-2
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dependent: A person dependent for support upon another.
• Dependent child: means either:

  (1) An unmarried person under age 18 who is:

  (A) A natural child of the member. See West Virginia Code 20-18-2

• Dependent parent: means the father or mother of the member who was claimed as a dependent by the member for Federal Income Tax purposes at the time of the member's death. See West Virginia Code 20-18-2
• Director: means Director of the Division of Natural Resources. See West Virginia Code 20-18-2
• Disability service: means service credit received by a member, expressed in whole years, fractions thereof or both, equal to one half of the whole years, fractions thereof, or both, during which time a member receives disability benefits under §. See West Virginia Code 20-18-2
• division: means the West Virginia Division of Natural Resources. See West Virginia Code 20-18-2
• Effective date: means January 2, 2021. See West Virginia Code 20-18-2
• Employer error: means an omission, misrepresentation, or deliberate act in violation of relevant provisions of the West Virginia Code or of the West Virginia Code of State Rules or the relevant provisions of both the West Virginia Code and of the West Virginia Code of State Rules by the participating public employer that has resulted in an underpayment or overpayment of contributions required. See West Virginia Code 20-18-2
• 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.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Final average salary: means the average of the highest annual compensation received for covered employment by the member during any five consecutive plan years within the member's last 10 years of service. See West Virginia Code 20-18-2
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Fund: means the West Virginia Natural Resources Police Officer Retirement Fund created pursuant to §. See West Virginia Code 20-18-2
• gainful employment: means employment in which an individual may earn up to an amount that is determined by the United States Social Security Administration as substantial gainful activity and still receive total disability benefits. See West Virginia Code 20-18-2
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Hour of service: means :

  (1) Each hour for which a member is paid. See West Virginia Code 20-18-2

• in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Medical examination: means an in-person or virtual examination of a member's physical or mental health, or both, by a physician or physicians selected or approved by the board. See West Virginia Code 20-18-2
• Member: means a person first hired as a Natural Resources Police Officer, as defined in subsection (z) of this section, on or after January 2, 2021, or a Natural Resources Police Officer first hired prior to the effective date and who elects to become a member pursuant to §. See West Virginia Code 20-18-2
• Monthly salary: means the portion of a member's gross annual compensation which is paid to him or her per month. See West Virginia Code 20-18-2
• Natural Resources Police Officer: means any person regularly employed in the service of the division as a law-enforcement officer on or after the effective date of this article, and who is eligible to participate in the fund. See West Virginia Code 20-18-2
• Normal form: means a monthly annuity which is one-twelfth of the amount of the member's accrued benefit which is payable for the member's life. See West Virginia Code 20-18-2
• Normal retirement age: means the first to occur of the following: (1) Attainment of age 55 years and the completion of 15 or more years of service. See West Virginia Code 20-18-2
• Partially disabled: means a member's inability to engage in the duties of a Natural Resources Police Officer by reason of any medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months. See West Virginia Code 20-18-2
• Person: except as otherwise defined elsewhere in this chapter, means the plural "persons" and shall include individuals, partnerships, corporations or other legal entities. See West Virginia Code 20-1-2
• Physical or mental impairment: is a n impairment that results from an anatomical, physiological, or psychological abnormality that is demonstrated by medically accepted clinical and laboratory diagnostic techniques. See West Virginia Code 20-18-2
• Plan: means the West Virginia Natural Resources Police Officers Retirement System established by this article. See West Virginia Code 20-18-2
• Plan year: means the 12-month period commencing on July 1 of any designated year and ending the following June 30. See West Virginia Code 20-18-2
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Public Employees Retirement System: means the West Virginia Public Employees Retirement System created by §. See West Virginia Code 20-18-2
• Regular interest: means the rate or rates of interest per annum, compounded annually, as the board adopts in accordance with the provisions of this article. See West Virginia Code 20-18-2
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Required beginning date: means April 1 of the calendar year following the later of: (i) The calendar year in which the member attains age 72. See West Virginia Code 20-18-2
• Retirant: means any member who commences an annuity payable by the retirement system. See West Virginia Code 20-18-2
• retirement: means a member's termination from the employ of a participating public employer and the commencement of an annuity by the plan. See West Virginia Code 20-18-2
• Retirement income payments: means the annual retirement income payments payable under the plan. See West Virginia Code 20-18-2
• State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
• Surviving spouse: means the person to whom the member was legally married at the time of the member's death and who survived the member. See West Virginia Code 20-18-2
• Take: means to hunt, shoot, pursue, lure, kill, destroy, catch, capture, keep in captivity, gig, spear, trap, ensnare, wound or injure any wildlife, or attempt to do so. See West Virginia Code 20-1-2
• Totally disabled: means a member's inability to engage in substantial gainful activity by reason of any medically determined physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months. See West Virginia Code 20-18-2