West Virginia Code
Article 22. Retirement Benefits Generally; Policemen's Pension and Relief Fund; Firemen's Pension and Relief Fund; Pension Plans for Employees of Waterworks System, Sewerage System or Combined Waterworks and Sewerage System
§8-22-8. Disability Pensions; Annuities

A member may qualify for a disability pension under any one of the following mutually exclusive provisions:
(1) If a member receives total disability in line of duty, he shall be entitled during the time of his disability to a monthly disability pension equal to fifty percent of the monthly salary of the member at date of disability: Provided, That the minimum payment shall be $100 per month. Any benefits payable from the retirement and benefit fund shall be reduced by benefits payable from workers' compensation due to the total disability of the member.
(2) If a member receives total disability not in line of duty while an employee of the city after he has had at least ten years' total service credit and such member is not entitled to a retirement pension under the provisions of section seven of this article, he shall be entitled during the time of his disability to one half of the retirement pension to which he would have been entitled under the provisions of said section seven had he been sixty years of age at date of disability and had elected to take retirement: Provided, That he shall be entitled to a minimum payment of $50 per month and a maximum payment of $100 per month. Effective January 1, 1987, a city may provide that the maximum payment be $300 per month.
(3) If a member becomes so physically or mentally disabled as to render him unfit for the performance of the duties of the position he occupies, but his disability does not constitute either total disability in line of duty or total disability not in line of duty, and such member has less than ten years' total service credit, he shall be entitled to an annuity which shall be the actuarial equivalent of his total accumulation at the date of his disability.
The board of trustees of the fund shall order a periodic reexamination of members of the fund receiving a disability pension, and if the disability no longer exists the payment thereunder shall be discontinued: Provided, That no such reexamination of any such member shall be ordered as aforesaid after such member attains the age of sixty years.

Structure West Virginia Code

West Virginia Code

Chapter 8. Municipal Corporations

Article 22. Retirement Benefits Generally; Policemen's Pension and Relief Fund; Firemen's Pension and Relief Fund; Pension Plans for Employees of Waterworks System, Sewerage System or Combined Waterworks and Sewerage System

§8-22-1. Membership in Public Employees Retirement System

§8-22-2. Class I, II and III Cities Empowered and Authorized to Establish and Maintain &Quot;employees Retirement and Benefit Fund" or to Maintain Such Fund Heretofore Established

§8-22-3. Definitions

§8-22-4. Board of Trustees

§8-22-5. Employees Eligible for Participation in Fund

§8-22-6. Contributions; Prior, Earned and Total Service Credits; Service Breaks

§8-22-7. Retirement Pensions

§8-22-8. Disability Pensions; Annuities

§8-22-9. Death Benefits; Return of Contributions

§8-22-10. Contributions by City

§8-22-11. Investment of Funds

§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

§8-22-16. Pension and Relief Funds for Policemen and Firemen; Creation of Boards of Trustees; Definitions; Continuance of Funds; Average Adjusted Salary

§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

§8-22-18a. West Virginia Municipal Pensions Oversight Board Created; Powers and Duties; Management; Composition; Terms; Quorum; Expenses; Reports

§8-22-18b. Creation of Municipal Pensions Security Fund; Transfer of Certain Powers, Duties and Functions of Treasurer's Office to Municipal Pensions Oversight Board

§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

§8-22-20. Actuary; Actuarial Valuation Report; Minimum Standards for Annual Municipality Contributions to the Fund; Definitions; Actuarial Review and Audit

§8-22-20a. Hiring of Actuary; Preparation of Actuarial Valuations

§8-22-21. Duties and Bond of Custodian of Funds

§8-22-22. Investment of Funds by Boards of Trustees; Exercise of Discretion in Making Investments; Report of Investment Plan

§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

§8-22-23a. Eligibility for Total and Temporary Disability Pensions and Total and Permanent Disability Pensions; Reporting; Light Duty

§8-22-24. Disability Pensions

§8-22-25. Retirement Pensions

§8-22-25a. Deferred Retirement Option Plans; Authorization; Requirements; Limitations

§8-22-25b. Right to Benefits Not Subject to Execution, etc.; Assignments Prohibited; Deductions for Group Insurance; Setoffs for Fraud; Exception for Certain Domestic Relations Orders; Assets Exempt From Taxes

§8-22-26. Death Benefits

§8-22-26a. Supplemental Pension Benefits Entitlement; Benefit Payable; Application of Section; Construction

§8-22-27. General Provisions Concerning Disability Pensions, Retirement Pensions and Death Benefits

§8-22-27a. Correction of Errors; Underpayments; Overpayments

§8-22-27b. Fraud; Penalties; and Repayment

§8-22-28. Period in Which Payments Limited to Income From Fund; Reduced Payments Where Fund Insufficient

§8-22-28a. Distribution of Remaining Assets in a Closed Municipal Policemen S or Firemen S Pension and Relief Fund

§8-22-29. Pension Plans for Employees of Waterworks System, Sewerage System or Combined Waterworks and Sewerage System May Be Continued