§5-10-54. Termination of benefits; procedure

Published: 2015

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WVC 5-10-54

§5-10-54. Termination of benefits; procedure.

Whenever the board determines that (1) any person has

knowingly made any false statement or falsified or permitted to be

falsified any record or records of the retirement system in an

attempt to defraud the system, or (2) any person who resumes

employment with a governmental entity or accepts, directly or

indirectly, work on a contract basis from a governmental entity,

except as provided for under this article, the board shall

terminate any benefit that person has received, is receiving and is

entitled to receive under the early retirement provisions of this

article. Further, if any person taking early retirement under this

article desires to revoke his or her early retirement incentive, he

or she shall be allowed to do so if he or she is entitled to

regular retirement pursuant to this article: Provided, That such

revocation shall be retroactive to the date of last employment and

any incentive annuity, under any incentive option, already received

by the retiree be repaid to the retirement system. Any person who

revokes his or her early retirement incentive shall be thereafter

carried upon the records of the retirement system as a regular

retiree and shall not be entitled to any enhanced benefit by reason

of the early retirement options contained in this article:

Provided, however, That any person who chose to retire under the

early retirement provisions of this article who would not have been

and is not eligible for regular retirement but for the early

retirement incentive options must reapply for admission to a retirement system and repay all pension benefits plus regular

interest which would have been earned by the fund in the period

during which the annuity payments were paid to him or her since the

date his or her employment ceased.

Any termination of benefits may be appealed pursuant to the

state administrative procedures act in chapter twenty-nine-a of

this code. The board shall promulgate rules and regulations

regarding the procedure for termination of benefits and the

repayment of any benefit in accordance with the provisions of

article three, chapter twenty-nine-a of this code.

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.