§5-10A-5. Termination of benefits

Published: 2015

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WVC 5 - 10 A- 5

§5-10A-5. Termination of benefits.

(a) The board shall terminate a participant's, former

participant's or beneficiary's membership in any and all plans in

which he or she is or has been a member and shall not thereafter

pay any benefits to the participant, former participant or his or

her beneficiaries if an affected participant, former participant or

beneficiary either waives the right to demand that the board seek

a determination of eligibility in circuit court as set forth in

section three of this article or fails to respond to the notice

within forty days after service thereof as set forth in said

section or if a circuit court has determined that the participant

or former participant rendered less than honorable service in

accordance with section four of this article: Provided, That this

article does not authorize the termination of benefits received by

a beneficiary that are received as a result of the beneficiary's

own membership in a plan or the beneficiary's status as a

beneficiary of a member other than the participant or former


(b) If the participant or former participant is deceased and

there are two or more beneficiaries at least one of whom has given

the board timely notice that he or she wishes to exercise the right

to demand that the board seek a determination of eligibility in

circuit court, the board shall take the action as provided in this

section with respect to all the beneficiaries only upon a

determination by the court that the participant or former participant has rendered less than honorable service.

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

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