Whenever the board determines that (1) any person has knowingly made any false statement or falsified or permitted to be falsified any record or records of the retirement system in an attempt to defraud the system, or (2) any person who resumes employment with a governmental entity or accepts, directly or indirectly, work on a contract basis from a governmental entity, except as provided for under this article, the board shall terminate any benefit that person has received, is receiving and is entitled to receive under the early retirement provisions of this article. Further, if any person taking early retirement under this article desires to revoke his or her early retirement incentive, he or she shall be allowed to do so if he or she is entitled to regular retirement pursuant to this article: Provided, That such revocation shall be retroactive to the date of last employment and any incentive annuity, under any incentive option, already received by the retiree be repaid to the retirement system. Any person who revokes his or her early retirement incentive shall be thereafter carried upon the records of the retirement system as a regular retiree and shall not be entitled to any enhanced benefit by reason of the early retirement options contained in this article: Provided, however, That any person who chose to retire under the early retirement provisions of this article who would not have been and is not eligible for regular retirement but for the early retirement incentive options must reapply for admission to a retirement system and repay all pension benefits plus regular interest which would have been earned by the fund in the period during which the annuity payments were paid to him or her since the date his or her employment ceased.
Any termination of benefits may be appealed pursuant to the state administrative procedures act in chapter twenty-nine-a of this code. The board shall promulgate rules and regulations regarding the procedure for termination of benefits and the repayment of any benefit in accordance with the provisions of article three, chapter twenty-nine-a of this code.
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