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