When any surviving spouse of a member or retirant dies or remarries while receiving or being entitled to receive any benefits under any section except section twelve of this article, the surviving spouse may not from the date of his or her remarriage, nor may the estate from the date of death of the deceased member's or retirant's surviving spouse, be entitled to receive any benefits under this article whatsoever: Provided, That in any case where under the terms of this article benefits are provided for a child or children surviving the death or remarriage of the surviving spouse, payment of benefits to that child or children shall be calculated for payment from the date the surviving spouse dies or remarries.

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Terms Used In West Virginia Code 15-2A-17

  • 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
  • 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