(a) When any employee of the agency has completed twenty years of service or longer as an employee of the agency and has died or dies from any cause or causes other than those specified in this article before having been retired by the board, and when a retirant has died or dies after having been retired by the board under the provisions of this article, there shall be paid annually in equal monthly installments from the fund to the surviving spouse of the employee or retirant during the lifetime or until remarriage of the surviving spouse, an amount equal to three-fourths the retirement benefits the deceased retirant was receiving or would have been entitled to receive while in status of retirement, or would have been entitled to receive to the same effect as if the employee had been retired under the provisions of this article immediately prior to the time of his or her death and in no event to be less than $5,000, unless otherwise required under this article, and in addition the surviving spouse shall be entitled to receive and shall be paid from the fund the sum of $100 monthly for each dependent child or children. If the surviving spouse dies or remarries or if there is no surviving spouse, there shall be paid monthly from the fund to each dependent child or children of the deceased employee or retirant a sum equal to twenty-five percent of the surviving spouse's entitlement. If there is no surviving spouse or no surviving spouse eligible to receive benefits and no dependent child or children, there shall be paid annually in equal monthly installments from the fund to the dependent parents of the deceased employee or retirant during their joint lifetimes a sum equal to the amount which a surviving spouse without children would have been entitled to receive: Provided, That when there is only one dependent parent surviving, the parent shall be entitled to receive during his or her lifetime one-half the amount which both parents, if living, would have been entitled to receive.
(b) A surviving spouse or dependent of an employee meeting the requirements of this section is entitled to receive beneficiary payments on the first day following the date the deceased employee is removed from payroll by the agency. A surviving spouse or dependent of a retirant meeting the requirements of this section is entitled to receive beneficiary payments on the first day of the month following the date of the deceased retirant's death. Upon receipt of properly executed forms from the agency and the surviving spouse or dependent, the board shall process the surviving spouse or dependent benefit as soon as administratively feasible.
Structure West Virginia Code
Article 2. West Virginia State Police
§15-2-2. Superintendent; Departmental Headquarters; Continuation of the State Police
§15-2-3. State Police Structure; How Established; Training; Special Revenue Account
§15-2-6. Authority to Make Rules for Grievance Procedure
§15-2-9. State Police Voluntary Contribution Fund
§15-2-10a. Duty to Return Assigned Items; Superintendent's Right of Setoff
§15-2-11. Territorial Jurisdiction
§15-2-13. Limitations Upon Members; Exceptions
§15-2-14. Oath of Superintendent and Members
§15-2-15. State Police Child Abuse and Neglect Investigations Unit
§15-2-16. Interference With Officers or Members; False Information; Penalty
§15-2-17. Unauthorized Use of Uniform, Badge or Other Insignia; Impersonation of Member; Penalty
§15-2-19. Bribing, etc., Officers or Members; Penalty
§15-2-21. Suspension, Demotion or Discharge of Members; Right of Appeal
§15-2-22. Assignment of Assistant Attorney General; Employment of Legal Counsel
§15-2-23. Duties of Superintendent as to Statistics, Aliens and Labor Conditions
§15-2-24a. National Crime Prevention and Privacy Compact
§15-2-24b. Fees for Certain Fingerprinting Services; Dedication of Fees
§15-2-24c. Relationship With Marshall University Forensic Science Center
§15-2-24d. State Police Forensic Laboratory Fund
§15-2-25. Rules Generally; Carrying of Weapons Upon Retirement or Medical Discharge
§15-2-27. Retirement; Awards and Benefits; Leased Employees
§15-2-27a. Retirement Annual Annuity Adjustments
§15-2-29. Awards and Benefits for Disability Incurred in Performance of Duty
§15-2-30. Awards and Benefits for Disability Due to Other Causes
§15-2-31. Disability Physical Examinations; Termination
§15-2-31a. Application for Disability Benefit; Determinations
§15-2-31b. Annual Report on Disability Retirement Experience
§15-2-32. Retirant Not to Exercise Police Authority; Retention of Group Insurance
§15-2-33a. Awards and Benefits to Dependents of Member -- Termination
§15-2-35. Awards and Benefits to Dependents of Retirant or After an Employee Serves Twenty Years
§15-2-35a. Authority to Continue Payments to Certain Dependents
§15-2-36. Awards and Benefits to Dependents of Member -- Termination
§15-2-37. Refunds to Certain Employees Upon Discharge or Resignation; Deferred Retirement
§15-2-38. Refund to Dependents Upon Death of Member Not Eligible for Benefits
§15-2-39. Dependent Child or Children
§15-2-39a. Limitations on Benefit Increases
§15-2-40. Commission on Drunk Driving Prevention Created; Members; Quorum; Meetings
§15-2-41. Powers and Duties of Commission; Rule-Making Authority; Monitoring and Reporting
§15-2-42. Drunk Driving Enforcement Program Established; Purpose
§15-2-44. Federal Law Maximum Benefit Limitations
§15-2-45. Federal Law Minimum Required Distributions
§15-2-47. Federal Qualification Requirements
§15-2-48. Specification of Actuarial Assumptions
§15-2-49. Benefits Not Forfeited if System Terminates
§15-2-51. State Police Reemployment
§15-2-52. Termination of Benefits; Procedures
§15-2-53. State Law-Enforcement Association Members Annual Leave Program
§15-2-54. Correction of Errors; Underpayments; Overpayments