(a) Except as provided in subsection (b) of this section, any member who has attained or attains age sixty years and has five or more years of credited service in force, at least one year of which he or she was a contributing member of the retirement system, may retire upon his or her written application filed with the board of trustees setting forth at what time, not less than thirty days nor more than ninety days subsequent to the execution and filing thereof the member desires to be retired: Provided, That on and after June 1, 1986, any person who becomes a new member of this retirement system shall, in qualifying for retirement hereunder, have five or more years of service, all of which years shall be actual, contributory ones. Upon retirement, the member shall receive an annuity provided for in section twenty-two of this article.
(b) Any person who first becomes a member of the retirement system on or after July 1, 2015, may retire upon written application as provided in subsection (a) of this section upon attaining the age of sixty-two with ten or more years of service, all of which must be actual, contributing years.
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