(a) Any member of the retirement system who has previously been employed in public employment in any other state of the United States is entitled to receive credited service for the time of public employment in that state, not to exceed five years, if the member substantiates by appropriate documentation or evidence his or her public employment in another state and makes contributions as required: Provided, That the member is not entitled to receive the credited service if the employee is vested or entitled to be vested in a retirement system of the state in which the employment credit was earned and the member is entitled to service credit in that retirement system for the employment period for which the applicant seeks credited service in West Virginia: Provided, however, That the service credit from the other state may not be used to meet West Virginia's eligibility requirements for retirement or vesting.
Members entitled to out-of-state service credit under the provisions of this section shall make additional contribution to the retirement system equal to the actuarial equivalent of the amount which would have been contributed, together with earnings thereon, by the member and the employer, had the member been covered during the period of the retroactive service credit.
(b) In any case of doubt as to the period of service to be credited a member under the provisions of this section, the board of Trustees has the final power to determine this period.
Structure West Virginia Code
Article 10. West Virginia Public Employees Retirement Act
§5-10-3. Retirement System Created and Established; Body Corporate
§5-10-4. Effective Date of System
§5-10-5. Board of Trustees Created; Powers and Duties Generally; Composition
§5-10-6. Trustees' Terms of Office
§5-10-8. Trustees' Compensation and Expenses
§5-10-10. Board Meetings; Quorum; Vote; Proceedings
§5-10-11. Reports Required of Board
§5-10-12. Officer and Employee Bonds
§5-10-13. Actuarial Investigations and Valuations; Specification of Actuarial Assumptions
§5-10-14. Service Credit; Retroactive Provisions
§5-10-15. Military Service Credit; Qualified Military Service
§5-10-15b. Credit for Public Employment in Another State
§5-10-15c. Military Service Credit for Members of the West Virginia National Guard
§5-10-16. When and How Political Subdivision Becomes Participating Public Employer
§5-10-17. Retirement System Membership
§5-10-18. Termination of Membership; Reentry
§5-10-19. Employers to File Information as to Employees Service
§5-10-20. Voluntary Retirement
§5-10-21. Deferred Retirement and Early Retirement
§5-10-21a. Deferred Retirement and Early Retirement for New Members as of July 1, 2015
§5-10-22a. Supplemental Benefits for Certain Annuitants
§5-10-22b. Supplemental Benefits for Certain Annuitants
§5-10-22d. Supplemental Benefits for Certain Annuitants
§5-10-22g. One-Time Supplement for Certain Annuitants Effective July 1, 2001
§5-10-22h. Limitations on Benefit Increases
§5-10-22i. One-Time Supplement for Certain Annuitants Effective July 1, 2006
§5-10-22j. One-Time Bonus Payment for Certain Annuitants Effective July 1, 2008
§5-10-22k. One-Time Bonus Payment for Certain Annuitants Effective July 1, 2011
§5-10-22l. Minimum Benefit for Certain Retirants
§5-10-23. Terminal Payment Following Retirement
§5-10-25. Disability Retirement
§5-10-26. Reexamination of Disability Retirants; Reemployment; Adjustment of Annuity for Earnings
§5-10-27. Preretirement Death Annuities
§5-10-27a. Federal Law Maximum Benefit Limitations
§5-10-27b. Federal Law Minimum Required Distributions
§5-10-27d. Rollovers and Transfers to Purchase Service Credit Or
§5-10-28. Unified Accounting; Funds
§5-10-29. Members' Deposit Fund; Members' Contributions; Forfeitures
§5-10-30. Refund of Accumulated Contributions
§5-10-31. Employers Accumulation Fund; Employers Contributions
§5-10-34. Transfers to Retirement Reserve Fund
§5-10-35. Retirement Reserve Fund Created; Transfers From Fund on Reemployment
§5-10-39. No Trustee, etc., Shall Gain From Investments of System
§5-10-40. Restricted Use of Retirement System Moneys
§5-10-41. Allowance of Regular Interest on Balances in Funds
§5-10-42. Fiscal or Plan Year of Retirement System
§5-10-43. Pro Rata Reduction of Annuities
§5-10-44. Correction of Errors; Underpayments; Overpayments
§5-10-47. Benefits Exempt From Taxes
§5-10-48. Reemployment After Retirement; Options for Holder of Elected Public Office