Nothing in this article prohibits a participant or former participant made ineligible for benefits by virtue of conviction of a crime under this article and who has paid the full penalty imposed by law for the crime from accepting a position as an officer or employee of the same or different public employer and joining a retirement plan as a new member; but the new member and his or her beneficiaries shall remain forever ineligible for any benefits arising from the new member's former participation in a retirement plan.

Terms Used In West Virginia Code 5-10A-7

  • Benefits: means pension, annuity, disability or any other benefits granted pursuant to a retirement plan. See West Virginia Code 5-10A-2
  • Former participant: means any person who is no longer eligible to receive any benefit under a retirement plan because full distribution has occurred. See West Virginia Code 5-10A-2
  • Participant: means any person eligible for or receiving any benefit under a retirement plan on account of his or her service as an officer or employee for a public employer. See West Virginia Code 5-10A-2
  • plan: means the Public Employees Retirement Act pursuant to article ten of this chapter. See West Virginia Code 5-10A-2
  • Public employer: means the State of West Virginia and any political subdivision, agency or instrumentality thereof for which there is established a retirement plan. See West Virginia Code 5-10A-2