§5-10-46. Right to benefits not subject to execution, etc.; assignments prohibited; deductions for group insurance; setoffs for fraud; exception for certain domestic relations orders


Published: 2015

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WEST VIRGINIA CODE











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WVC 5 - 10 - 46

§5-10-46. Right to benefits not subject to execution, etc.;

assignments prohibited; deductions for group

insurance; setoffs for fraud; exception for certain

domestic relations orders.

The right of a person to any benefit provided for in this

article shall not be subject to execution, attachment, garnishment,

the operation of bankruptcy or insolvency laws, or other process

whatsoever, nor shall any assignment thereof be enforceable in any

court except that the benefits or contributions under this system

shall be subject to "qualified domestic relations orders" as that

term is defined in Section 414(p) of the Internal Revenue Code as

applicable to governmental plans: Provided, That should a member

be covered by a group insurance or prepayment plan participated in

by a participating public employer, and should he or she be

permitted to, and elect to, continue such coverage as a retirant,

he or she may authorize the board of trustees to have deducted from

his or her annuity the payments required of him or her to continue

coverage under such group insurance or prepayment plan: Provided,

however, That a participating public employer shall have the right

of setoff for any claim arising from embezzlement by, or fraud of,

a member, retirant or beneficiary.





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

The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.