(a) Whenever the board determines that a person seeking benefits under the provisions of this article has made false representation of a material fact in support of applying for or retaining benefits or has falsified or permitted to be falsified any record or records of the retirement system in support of benefits, the board shall terminate any present benefit approved as a result of the false statement or record. In addition, the board shall initiate appropriate action to recover any benefits paid by virtue of the false representation.
(b) Any termination of benefits pursuant to this section may be appealed pursuant to the state administrative procedures act in chapter twenty-nine-a of this code. The board may promulgate rules in accordance with the provisions of article three of said chapter regarding the procedure for termination of benefits and any repayment of benefits.
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