West Virginia Code
Article 10. West Virginia Public Employees Retirement Act
§5-10-33. Contributions by Other Participating Public Employers; Withholding State Money to Satisfy Delinquencies

(a) The board of trustees shall annually certify to each participating public employer, other than the state, the employer contribution rate, determined in section thirty-one hereof, for the public employer division. Each participating public employer shall pay to the state Treasurer, for credit to the retirement system, the contributions equal to the said contribution rate applied to each and every payroll of the participating public employer. The said payments shall be made in such manner and form, and in such frequency, and shall be accompanied by such supporting data, as the board shall from time to time prescribe. When paid, the said contributions shall be credited to the employers accumulation fund.
(b) If any participating public employer, other than the state, fails to make any payment due the retirement system for a period of sixty days after the payment is due, the participating public employer shall become delinquent, and such delinquency shall be certified to the State Auditor by the board of trustees. If any participating public employer becomes delinquent, as provided herein, the State Auditor is authorized and directed to withhold any money due such participating public employer by the state until such delinquency, together with regular interest thereon, from the date due, is satisfied. Such money so withheld by the State Auditor shall be paid to the retirement system.

Structure West Virginia Code

West Virginia Code

Chapter 5. General Powers and Authority of the Governor, Secretary of State and Attorney General; Board of Public Works; Miscellaneous Agencies, Commissions, Offices, Programs, etc.

Article 10. West Virginia Public Employees Retirement Act

§5-10-1. Short Title

§5-10-2. Definitions

§5-10-3. Retirement System Created and Established; Body Corporate

§5-10-3a. Article to Be Liberally Construed; Supplements Federal Social Security; Federal Qualification Requirements

§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

§5-10-7. Vacancies on Board

§5-10-8. Trustees' Compensation and Expenses

§5-10-9. Chairman and Vice Chairman; Executive Secretary; Employees; Treasurer; Legal Advisor; Actuary

§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

§5-10-15a. Retirement Credited Service Through Member's Use, as Option, of Accrued Annual or Sick Leave Days

§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

§5-10-22. Retirement Annuity

§5-10-22a. Supplemental Benefits for Certain Annuitants

§5-10-22b. Supplemental Benefits for Certain Annuitants

§5-10-22c. Temporary Early Retirement Incentives Program; Legislative Declaration and Finding of Compelling State Interest and Public Purpose; Specifying Eligible and Ineligible Members for Incentives Program; Options, Conditions, and Exceptions; Cer...

§5-10-22d. Supplemental Benefits for Certain Annuitants

§5-10-22e. Supplemental Benefits for Retirees Effective July 1, 1994; Calculation of Benefits and Conditions of Payment

§5-10-22f. Minimum Benefit for Certain Retirants; Legislative Declaration; State Interest and Public Purpose

§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

§5-10-24. Annuity Options

§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

§5-10-27c. Direct Rollovers

§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

§5-10-31a. Retroactive Contributions to the Retirement System for Retroactive Service Credit Granted; One Year Period for Application

§5-10-32. Appropriations for State Contributions to Retirement System; Contributions for Members Paid From Special Funds or by Other Employers

§5-10-33. Contributions by Other Participating Public Employers; Withholding State Money to Satisfy Delinquencies

§5-10-34. Transfers to Retirement Reserve Fund

§5-10-35. Retirement Reserve Fund Created; Transfers From Fund on Reemployment

§5-10-36. Income Fund

§5-10-38. Investment of Moneys; Bonds of State Departments and Institutions to Be Offered First to Board of Public Works

§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

§5-10-45. Fraud; Penalty

§5-10-46. Right to Benefits Not Subject to Execution, etc.; Assignments Prohibited; Deductions for Group Insurance; Setoffs for Fraud; Exception for Certain Domestic Relations Orders

§5-10-47. Benefits Exempt From Taxes

§5-10-48. Reemployment After Retirement; Options for Holder of Elected Public Office

§5-10-49. Removal From Office

§5-10-50. Severability

§5-10-51. Withdrawal

§5-10-52. Specific Provisions Relating to Certain Members of the Legislature and Certain Service by Members of the Legislature

§5-10-53. Joint Study of State Retirement Systems; Report to Joint Committee on Government and Finance by Specified Date of Study Conclusions

§5-10-54. Termination of Benefits; Procedure

§5-10-55. Benefits Not to Be Forfeited if System Terminates