The police department and/or fire department of any municipality of this state, which municipality is a participating employer as defined in section two (5)) hereof, may withdraw its firemen and/or policemen from the West Virginia Public Employees Retirement System provided the following conditions are met:
(1) City council, by appropriate ordinance, permits all of its policemen of its police department and/or all of its firemen of its fire department to withdraw from the system.
(2) Each member of its police department and/or fire department so withdrawing from the retirement system must execute a release of all claims against the West Virginia Public Employees Retirement System.
(3) Before any such withdrawal shall be effective, the consulting actuary to the retirement system shall compute all past, present and future liabilities and the municipality shall pay the retirement system for all such liabilities before any withdrawal shall be effective; after an effective withdrawal, pursuant to the terms hereof, if additional liabilities of a municipality are discovered, the board of trustees shall certify such sums due the retirement system and the municipality shall thereafter forthwith pay said sum due the system.
(4) Compliance with rules and regulations as the board of trustees may from time to time promulgate supplementing the above conditions.
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