§5-10-3a. Article to be liberally construed; supplements federal social security; federal qualification requirements

Published: 2015

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WVC 5 - 10 - 3 A

§5-10-3a. Article to be liberally construed; supplements federal

social security; federal qualification requirements.

(a) The provisions of this article shall be liberally

construed so as to provide a general retirement system for the

employees of the state herein made eligible for such retirement:

Provided, That nothing in this article shall be construed as

permitting any governmental unit, its officers or employees to

substitute the retirement plan herein authorized for federal social

security now in force in West Virginia.

(b) The purpose of this article is to provide a state pension

plan which supplements the federal social security pension plan now

in force and heretofore authorized by law for members of this

retirement system.

(c) The retirement system is intended to meet the federal

qualification requirements of Section 401(a) and related sections

of the Internal Revenue Code as applicable to governmental plans.

Notwithstanding any other provision of state law, the board shall

administer the retirement system to fulfill this intent for the

exclusive benefit of the members and their beneficiaries. Any

provision of this article referencing or relating to such federal

tax qualification requirements shall be effective as of the date

required by federal law. The board may promulgate rules and amend

or repeal conflicting rules in accordance with the authority

granted to it pursuant to section one, article ten-d of this

chapter to assure compliance with this section.

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.