West Virginia Code
Article 9. Retirement System for Judges of Courts of Record
§51-9-7. Ineligibility to Receive Pay or Benefits

A judge who retires under the provisions of any section of this article and accepts the pay or benefits payable under this article shall, while receiving said pay or benefits, be permitted to hold any public office or trust for which the judge receives compensation from the State of West Virginia. If, after retirement under the provisions of this article, a judge is elected or appointed to any public office or trust for which he or she receives any salary or other compensation from the State of West Virginia, the retired judge is not eligible to participate in any other pension plan maintained by the State of West Virginia, nor accrue additional years of credited service under this system or any other state pension system. A judge who retires because of disability and accepts the pay or benefits payable under this article because of his or her disability shall not, while receiving said pay or benefits because of his or her disability, be permitted to practice law. If, after disability retirement under the provisions of this article and while receiving pay or benefits payable under said article because of his or her disability, he or she shall enter the practice of law, his or her pay or benefits under this article because of his or her disability shall be suspended for such time only as he or she shall be engaged in the practice of law.

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