West Virginia Code
Article 9. Retirement System for Judges of Courts of Record
§51-9-6a. Eligibility Benefits; Service and Retirement of Judges Over Sixty-Five Years of Age

Any judge of a court of record of this state who shall have served for a period of not less than eight full years after attaining the age of sixty-five years and who shall have made payments into the Judges' Retirement Fund as provided in this article for each month during which he or she served as such judge following the effective date of this section, shall be subject to all the applicable terms and provisions of this article, not inconsistent with the provisions hereof, and shall receive retirement benefits in an amount equal to seventy-five percent of the annual salary of the office from which he or she has retired based upon such salary of such office as such salary may be changed from time to time during the period of his or her retirement and the amount of his or her retirement benefits shall be based upon and be equal to seventy-five percent of the highest annual salary of such office for any one calendar year during the period of his or her retirement and shall be payable in monthly installments. If such judge shall become incapacitated to perform his or her said duties before the expiration of his or her said term and after serving for six years thereof, and upon the acceptance of his or her resignation as in this article provided, he or she shall be paid the annual retirement benefits as herein provided so long as he or she shall live. The provisions of this section shall prevail over any language to the contrary in this article contained, except those provisions of sections twelve-a and twelve-b of this article: Provided, That no individual who is appointed or elected for the first time as judge of a court of record of this state after July 1, 2005, is eligible for retirement under this section.

Structure West Virginia Code

West Virginia Code

Chapter 51. Courts and Their Officers

Article 9. Retirement System for Judges of Courts of Record

§51-9-1. Establishment

§51-9-1a. Definitions

§51-9-1b. Statement of Legislative Intent, Policy and Finding

§51-9-2. Judges' Retirement Fund Created; Composition

§51-9-3. Custody, Permissible Investment and Administration of Retirement System Trust Fund; State Auditor's Authority as Administrator and Trust Fund Fiduciary; Refunds Required, Including Interest; Federal Qualification Requirements

§51-9-3a. Specification of Actuarial Assumptions

§51-9-4. Required Percentage Contributions From Salaries; Any Termination of Required Contributions Prior to Actual Retirement Disallowed; Leased Employees; Military Service Credit; Maximum Allowable and Qualified Military Service; Qualifiable Prosec...

§51-9-5. Election Not to Participate, Contribute, or Be a Member; Authorized Transfers of Service Credit by a Judge; Duplicate Use of Service Credit Prohibited

§51-9-6. Eligibility for and Payment of Benefits

§51-9-6a. Eligibility Benefits; Service and Retirement of Judges Over Sixty-Five Years of Age

§51-9-6b. Annuities for Surviving Spouses and Surviving Dependent Children of Judges; Automatic Escalation and Increase of Annuity Benefit; Proration Designation by Judge Permitted

§51-9-6c. Limitations on Benefit Increases

§51-9-6d. Adjusted Annual Retirement Benefit Calculations

§51-9-7. Ineligibility to Receive Pay or Benefits

§51-9-8. Retirement Upon Disability

§51-9-9. Determination of Eligibility for Benefits

§51-9-10. Services of Senior Judges and Justices

§51-9-11. Monthly Payments

§51-9-12. Refunds

§51-9-12a. Federal Law Maximum Benefit Limitations

§51-9-12b. Federal Minimum Required Distributions

§51-9-12c. Direct Rollovers

§51-9-12d. Rollovers and Transfers to Purchase Service Credit or Repay Withdrawn Contributions

§51-9-13. Disqualification for Pay and Benefits

§51-9-14. Moneys Exempt From Execution, etc.; Unassignable and Nontransferable; Exception for Certain Domestic Relations Orders

§51-9-15. County Commissioners Excluded

§51-9-16. Severability of Article and Amendments Thereto

§51-9-17. Benefits Not Forfeited if System Terminates

§51-9-18. Correction of Errors; Underpayments; Overpayments