(a) Notwithstanding anything herein to the contrary, as of January 1, 1998, all assets and income of all deferred compensation plans created or administered pursuant to this article shall be held in trust for the exclusive benefit of participants and their beneficiaries.
(b) The West Virginia Deferred Compensation Trust Fund is created within the accounts held by the Treasurer or with one or more financial institutions, vendors or any other entities selected by the Treasurer for the purpose of managing and investing the trust. A public employer managing a trust shall create a trust fund and select one or more financial institutions, vendors or other entities to hold the trust.
(c) The corpus, assets and earnings of the trust do not constitute public funds of the state or public employer and are available solely for carrying out the purposes of this article. Any contract entered into by or any obligation of the state employer or a public employer in connection with a plan does not create or constitute a debt, but is solely an obligation of the trust.
Structure West Virginia Code
Article 10B. Government Employees Deferred Compensation Plans
§5-10B-3. Powers; Contracts; Meetings
§5-10B-3a. Automatic Enrollment
§5-10B-4. Responsibility for Implementing Plans -- Payroll Reductions -- Billing and Administration
§5-10B-6. Program Supplemental
§5-10B-7. Other Benefits Unaffected by Deferred Compensation Plan
§5-10B-8. Federal and State Income Tax
§5-10B-9. Liabilities of State of West Virginia or Political Subdivisions
§5-10B-10. Deferred Compensation Plan Funds Held in Trust
§5-10B-10a. Matching Contribution Program
§5-10B-11. Deferred Compensation Administrative Account
§5-10B-12. Confidential Information Exempt From Disclosure
§5-10B-12a. Disclosure of Information to the Treasurer for Operation of the Plan
§5-10B-13. Moneys Not Subject to Legal Process; Qualified Domestic Relations Orders