If any member dies and the board is of the opinion after hearing that the dependent or dependents of the member are ineligible under the provisions of this article to receive any of the benefits provided herein, the board shall refund to the spouse, if surviving, but if not surviving, to the children of the member, and if there is no surviving spouse or children, to the dependent parents, a sum equal to the aggregate of the principal amount of all moneys deducted from the salary of the member and paid into the fund. If there is no surviving spouse or children or dependent parent or parents, then a sum equal to the aggregate of the principal amount of all moneys deducted from the salary of the member and paid into the fund will be paid to the member's estate. Whenever a refund is made to the surviving spouse or other dependents of the deceased member, the surviving spouse or other dependents shall not be entitled to any other rights or benefits from the fund.

Terms Used In West Virginia Code 15-2-38

  • Board: means the West Virginia Consolidated Public Retirement Board created pursuant to §. See West Virginia Code 15-2-25b
  • Dependent: A person dependent for support upon another.
  • Dependent parent: means the member's parent or stepparent claimed as a dependent by the member for federal income tax purposes at the time of the member's death. See West Virginia Code 15-2-25b
  • 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 15-2-25b
  • 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 15-2-25b