West Virginia Code
Article 14D. Deputy Sheriff Retirement System Act
§7-14D-4. Article to Be Liberally Construed; Supplements Federal Social Security; Federal Qualification Requirements

(a) The provisions of this article shall be liberally construed so as to provide a general retirement system for deputy sheriffs eligible to retire under the provisions of this plan. Nothing in this article may be construed to permit a county to substitute this plan for federal social security now in force in West Virginia.
(b) The board shall administer the plan in accordance with its terms and may construe the terms and determine all questions arising in connection with the administration, interpretation and application of the plan. The board may sue and be sued, contract and be contracted with and conduct all the business of the system in the name of the plan. The board may employ those persons it considers necessary or desirable to administer the plan. The board shall administer the plan for the exclusive benefit of the members and their beneficiaries subject to the specific provisions of the plan.
(c) The plan is intended to meet the federal qualification requirements of Section 401(a) and related sections of the Internal Revenue Code as applicable to governmental plans. Notwithstanding any other provision of state law, the board shall administer the plan to fulfill this intent for the exclusive benefit of the members and their beneficiaries. Any provision of this article referencing or relating to these federal qualification requirements shall be effective as of the date required by federal law. The board may promulgate rules and amend or repeal conflicting rules in accordance with the authority granted to the board pursuant to section one, article ten-d of chapter five to assure compliance with the requirements of this section.

Structure West Virginia Code

West Virginia Code

Chapter 7. County Commissions and Officers

Article 14D. Deputy Sheriff Retirement System Act

§7-14D-1. Short Title

§7-14D-2. Definitions

§7-14D-2a. Meaning of Terms

§7-14D-3. Creation and Administration of West Virginia Deputy Sheriffs Retirement System; Specification of Actuarial Assumptions

§7-14D-4. Article to Be Liberally Construed; Supplements Federal Social Security; Federal Qualification Requirements

§7-14D-5. Members

§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-9c. Direct Rollovers

§7-14D-9d. Rollovers and Transfers to Purchase Service Credit or Repay Withdrawn Contributions

§7-14D-10. Retirement Credited Service Through Member's Use, as Option, of Accrued Annual or Sick Leave Days

§7-14D-11. Retirement Benefits

§7-14D-12. Annuity Options

§7-14D-13. Refunds to Certain Members Upon Discharge or Resignation; Deferred Retirement; Preretirement Death; Forfeitures

§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-17. Prior 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-21. Burial Benefit

§7-14D-22. Double Death Benefits Prohibited

§7-14D-23. Loans to Members

§7-14D-24. Service as Sheriff

§7-14D-24a. Return to Covered Employment by Retired Member

§7-14D-25. Exemption From Taxation, Garnishment and Other Process; Exception for Certain Qualified Domestic Relations Orders

§7-14D-26. Fraud; Penalties; and Repayment

§7-14D-27. Credit Toward Retirement for Member's Prior Military Service; Credit Toward Retirement When Member Has Joined Armed Forces in Time of Armed Conflict; Qualified Military Service

§7-14D-28. Pro Rata Reduction of Annuities

§7-14D-29. Effective Date; Report to Joint Committee on Government and Finance; Special Starting Date for Benefits

§7-14D-30. Limitation of County Liability

§7-14D-31. Benefits Not Forfeited if System Terminates

§7-14D-32. Severability