§5-10A-8. Setoff; unpaid benefits subject to execution, freezing of account upon finding of probable cause


Published: 2015

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WEST VIRGINIA CODE











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WVC 5 - 10 A- 8

§5-10A-8. Setoff; unpaid benefits subject to execution, freezing

of account upon finding of probable cause.

(a) The State of West Virginia or any of its political

subdivisions shall have the right of setoff against any unpaid

benefits which have accrued or may thereafter accrue under the

plan, including any contributions by the participant or former

participant for any claim caused by less than honorable service by

the participant or former participant.

(b) Notwithstanding any provision of this article to the

contrary, upon being notified by an agency of the State of West

Virginia or any of its political subdivisions that an employee has

been charged by criminal complaint, indictment or information with

an offense which constitutes less than honorable service and

larceny of funds or property from a state agency or political

subdivision, the retirement board shall withhold payment or

refunding of any participant's or former participant's

contributions until it receives an order from a court of competent

jurisdiction reflecting that the charge has been dismissed,

reflecting that the participant or former participant is found not

guilty, ordering the release of all or part of the funds or

directing restitution to the state or political subdivision.

(c) Notwithstanding any provision of the law to the contrary,

any unpaid benefits which have accrued or may thereafter accrue are

subject to execution, garnishment, attachment or any other legal

process for collection of a judgment for the recovery of loss or damages incurred by the state or its political subdivision caused

by the participant's or former participant's less than honorable

service.





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.