After January 1, 2010, any member of a paid police department or fire department who is removed or discharged or who before retirement on any retirement pension or disability pension severs his or her connection with said department, whether or not consecutive, shall, upon request, be refunded all pension and relief fund deductions made from the member's salary or compensation, but without interest from the fund. The refund shall come from the accounts which originally received the member deductions. For municipalities using the conservation method of funding, the member contributions are to be refunded from both the Municipal Pension and Relief Fund and the city benefit account, in the exact percentages that were initially deposited to the respective accounts. Any member who receives a refund and subsequently wishes to reenter his or her department shall not be allowed to reenter the department unless the police officer or firefighter repays to the pension and relief fund all sums refunded to him or her in a lump sum at the date of reentry, or by monthly payroll deductions within thirty-six months from the date he or she reenters the department, with interest at the rate of eight percent per annum. In the event such refund is made prior to January 1, 1981, and such member subsequently reenters the department such police officer or firefighter shall be allowed membership in such pension and relief fund; however, no credit may be allowed such member for any former service, unless such member repays to the pension and relief fund all sums refunded to the member within one year from the date the member reenters the department with interest at the rate of eight percent per annum: Provided, That for such member who receives such refund prior to January 1, 1980, interest may not be charged for more than three years. Any probationary member of a paid police or fire department who is not given an absolute appointment at the end of the member's probationary period shall, upon request, be refunded all pension and relief fund deductions made from the member's salary or compensation, but without interest. Any member contribution made in fiscal years beginning on July 1, 1981, and thereafter by any members of such fund, which is in excess of the percentages, required in section nineteen of this article of such member's salary or compensation as defined in section sixteen of this article, shall be refunded with eight percent interest to such member upon completion of the calculation of the member's retirement benefit.
Structure West Virginia Code
Chapter 8. Municipal Corporations
§8-22-1. Membership in Public Employees Retirement System
§8-22-5. Employees Eligible for Participation in Fund
§8-22-6. Contributions; Prior, Earned and Total Service Credits; Service Breaks
§8-22-8. Disability Pensions; Annuities
§8-22-9. Death Benefits; Return of Contributions
§8-22-10. Contributions by City
§8-22-11a. Restrictions on Investment
§8-22-12. Individual Accounts; Actuarial Data; Tables
§8-22-13. Reports by Board of Trustees
§8-22-14. Custodian of Fund; Duties; Bond
§8-22-15. Action by City Required Before New Provisions Are Applicable
§8-22-16a. Legislative Findings
§8-22-17. Powers and Duties of Boards of Trustees; Training
§8-22-18. Members of Board of Trustees; How Elected; Presiding Officers; Secretary
§8-22-18c. Notice of Legal Actions by or Against Municipal Policemen's and Firemen's Pension Funds
§8-22-19. Levy to Maintain Fund
§8-22-19a. Refunds of Member Contributions
§8-22-20a. Hiring of Actuary; Preparation of Actuarial Valuations
§8-22-21. Duties and Bond of Custodian of Funds
§8-22-22a. Restrictions on Investments; Diversification of Investments; Disclosure of Fees and Costs
§8-22-23. Rules and Regulations as to Distribution of Funds; Proof of Age
§8-22-25a. Deferred Retirement Option Plans; Authorization; Requirements; Limitations
§8-22-27. General Provisions Concerning Disability Pensions, Retirement Pensions and Death Benefits
§8-22-27a. Correction of Errors; Underpayments; Overpayments