§5-10A-3. Notice of intention to terminate benefits; waiver; failure to reply


Published: 2015

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WEST VIRGINIA CODE











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WVC 5 - 10 A- 3

§5-10A-3. Notice of intention to terminate benefits; waiver;

failure to reply.

(a) Whenever a supervisory board, upon receipt of a verified

complaint or otherwise, has reasonable cause to believe that a

participant or former participant rendered less than honorable

service as defined in section two of this article, it shall notify

the affected participant, former participant or beneficiary that it

believes that the participant or former participant rendered less

than honorable service and that the participant, former participant

or beneficiary is thereby ineligible to receive benefits. A

supervisory board may not issue a notice:

(1) If more than two years have elapsed since the judgment of

conviction upon which the notice is based became final; or

(2) In cases described in subdivision (3), subsection (f),

section two of this article, if more than two years have elapsed

since, as the case may be: The plea bargaining agreement or the

grant of immunity; or

(3) With respect to conduct which occurred prior to the

effective date of this article.

(b) The notice shall contain a concise statement of the

reasons why the board believes that the participant or former

participant rendered less than honorable service and shall be made

either by personal service or by certified mail, return receipt

requested, to the address which the participant, former participant

or beneficiary maintains for purposes of corresponding with the board. If notice is made by certified mail, service shall be

considered complete upon mailing and a completed receipt

constitutes proof of the receipt of the notice. The notice shall

inform the participant, former participant or beneficiary that he

or she has the right to demand that the board seek a determination

in circuit court of his or her eligibility for benefits and

membership in the retirement plan by notifying the board of the

demand within forty days. The notice shall also inform the

participant, former participant or beneficiary that the board will

terminate the benefits in accordance with section four of this

article and refund the participant's or former participant's

contributions with interest, less benefits previously paid as

provided in section six of this article if the participant, former

participant or beneficiary either waives the right to demand that

the board take the matter before the circuit court or fails to

respond to the board's notice within forty days after service.





Note: WV Code updated with legislation passed through the 2015 Regular Session

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