(a) Subject to the provisions of section twelve-a of this article, an employee attaining fifty-five years of age, may elect to take retirement by notifying the board or its designee in writing of his or her intention to retire. The notice of retirement must be received by the board or its designee no fewer than sixty days prior to the effective date of retirement. Retirement payments shall commence within thirty days of the retirement date under the payment option selected by the employee.
(b) An alternate payee named in a qualified domestic relations order may elect to receive a distribution awarded from this plan. If the alternate payee elects, the board or its designee shall promptly compute the amount due without regard to whether the employee is receiving benefits at the time of election. After the amount due has been computed, the board shall promptly initiate payments to the alternate payee.
(c) For purposes of this section, the term "qualified domestic relations order" means a "qualified domestic relations order" as defined in Section 414(p) of the Internal Revenue Code with respect to government plans.
Structure West Virginia Code
Article 7B. Teachers' Defined Contribution Retirement System
§18-7B-3. Defined Contribution Retirement System Created and Established; Body Corporate
§18-7B-4. Article to Be Liberally Construed; Purpose; Federal Qualification Requirements
§18-7B-5. Administration of the Teachers' Defined Contribution Retirement System
§18-7B-7a. Plan Closed to Persons Employed for the First Time After June, 2005; Former Employees
§18-7B-8a. Qualified Military Service
§18-7B-9. Members' Contributions; Annuity Account Established
§18-7B-10. Employer Contributions
§18-7B-11. Termination of Membership
§18-7B-11a. Rollovers and Transfers to Repay Cashed-Out or Withdrawn Contributions
§18-7B-12a. Federal Minimum Required Distributions
§18-7B-13. Amount of Annuity Payments; Federal Law Maximum Benefit
§18-7B-14. Supplemental Annuity Contracts
§18-7B-16. Years of Employment Service
§18-7B-17. Deposits to the Members' Annuity Accounts
§18-7B-19. Benefits Not Forfeited if System Terminates
§18-7B-20. Prohibition of Involuntary Cash-Outs
§18-7B-21. Correction of Errors; Underpayments; Overpayments