§5-10-15b. Credit for public employment in another state

Published: 2015

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WVC 5 - 10 - 15 B

§5-10-15b. Credit for public employment in another state.

(a) Any member of the retirement system who has previously

been employed in public employment in any other state of the United

States is entitled to receive credited service for the time of

public employment in that state, not to exceed five years, if the

member substantiates by appropriate documentation or evidence his

or her public employment in another state and makes contributions

as required: Provided, That the member is not entitled to receive

the credited service if the employee is vested or entitled to be

vested in a retirement system of the state in which the employment

credit was earned and the member is entitled to service credit in

that retirement system for the employment period for which the

applicant seeks credited service in West Virginia: Provided,

however, That the service credit from the other state may not be

used to meet West Virginia's eligibility requirements for

retirement or vesting.

Members entitled to out-of-state service credit under the

provisions of this section shall make additional contribution to

the retirement system equal to the actuarial equivalent of the

amount which would have been contributed, together with earnings

thereon, by the member and the employer, had the member been

covered during the period of the retroactive service credit.

(b) In any case of doubt as to the period of service to be

credited a member under the provisions of this section, the Board

of Trustees has the final power to determine this period.

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

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