This section provides for a members accrued benefit payable starting at the members annuity starting date which follows the completion of a written application for the commencement of benefits. The member shall receive the accrued retirement benefit in the normal form or in an actuarial equivalent amount in an optional form as provided under 7-14D-12 of this code, subject to reduction if necessary to comply with the maximum benefit provisions of Section 415 of the Internal Revenue Code and 7-14D-9a of this code. The first day of the calendar month following the calendar month of birth shall be used in lieu of any birth date that does not fall on the first day of a calendar month.
(a) Normal retirement. A member whose annuity starting date is the date the member attains normal retirement age or later is entitled to his or her accrued retirement benefit based on years of service and final average salary at termination of employment.
(b) Early retirement. A member who ceases covered employment and has attained early retirement age while in covered employment may elect to receive retirement income payments commencing on the first day of the month coincident with or following the date the member ceases covered employment. "Normal retirement age" for such a member is the first day of the calendar month coincident with or next following the month in which the member attains the age of 50 years. If the members annuity starting date is prior to the date the member attains normal retirement age, his or her accrued benefit is reduced to the actuarial equivalent benefit amount based on the years and months by which his or her annuity starting date precedes the date he or she attains normal retirement age.
(c) Retirement benefits shall be paid monthly in an amount equal to one twelfth of the retirement income payments elected and at those times established by the board.
Structure West Virginia Code
Chapter 7. County Commissions and Officers
Article 14D. Deputy Sheriff Retirement System Act
§7-14D-6. Creation of Fund; Investments
§7-14D-7. Members Contributions; Employer Contributions
§7-14D-7a. Correction of Errors; Underpayments; Overpayments
§7-14D-8. Transfer From Public Employees Retirement System
§7-14D-8a. Notice Requirements; Test Case
§7-14D-9. Retirement; Commencement of Benefits
§7-14D-9a. Federal Law Maximum Benefit Limitations
§7-14D-9b. Federal Law Minimum Required Distributions
§7-14D-9d. Rollovers and Transfers to Purchase Service Credit or Repay Withdrawn Contributions
§7-14D-11. Retirement Benefits
§7-14D-14. Awards and Benefits for Disability Duty Related
§7-14D-15. Same -- Due to Other Causes
§7-14D-16. Awards and Benefits for Disability -- Physical Examinations; Termination of Disability
§7-14D-18. Awards and Benefits to Surviving Spouse -- When Member Dies in Performance of Duty, etc.
§7-14D-19. Awards and Benefits to Surviving Spouse When Member Dies From Nonservice-Connected Causes
§7-14D-20. Additional Death Benefits and Scholarships - Dependent Children
§7-14D-22. Double Death Benefits Prohibited
§7-14D-24a. Return to Covered Employment by Retired Member
§7-14D-26. Fraud; Penalties; and Repayment
§7-14D-28. Pro Rata Reduction of Annuities
§7-14D-30. Limitation of County Liability