West Virginia Code
Article 22A. West Virginia Municipal Police Officers and Firefighters Retirement System
§8-22A-25. 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

The right of a person to any benefit provided in this article shall not be subject to execution, attachment, garnishment, the operation of bankruptcy or insolvency laws, or other process whatsoever, nor shall any assignment thereof be enforceable in any court except that the benefits or contributions under this system shall be subject to "qualified domestic relations orders" as that term is defined in Section 414(p) of the Internal Revenue Code as applicable to governmental plans: Provided, That should a member be covered by a group insurance or prepayment plan participated in by a participating public employer, and should he or she be permitted to, and elect to, continue such coverage as a retirant, he or she may authorize the board of trustees to have deducted from his or her annuity the payments required of him or her to continue coverage under such group insurance or prepayment plan: Provided, however, That a participating public employer shall have the right of setoff for any claim arising from embezzlement by, or fraud of, a member, retirant or beneficiary. The assets of the retirement system are exempt from state, county and municipal taxes.

Structure West Virginia Code

West Virginia Code

Chapter 8. Municipal Corporations

Article 22A. West Virginia Municipal Police Officers and Firefighters Retirement System

§8-22A-1. Title

§8-22A-2. Definitions

§8-22A-3. Meaning of Terms

§8-22A-4. Creation and Administration of West Virginia Municipal Police Officers and Firefighters Retirement System; Specification of Actuarial Assumptions

§8-22A-5. Article to Be Liberally Construed; Board to Administer Plan; Federal Qualification Requirements

§8-22A-6. Members

§8-22A-7. Creation of Fund; Investments; Actuarial Valuations

§8-22A-8. Members' Contributions; Employer Contributions

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

§8-22A-9. Retirement; Commencement of Benefits; Insurance Requirements During Early Period

§8-22A-10. Federal Law Maximum Benefit Limitations

§8-22A-11. Federal Law Minimum Required Distributions

§8-22A-12. Direct Rollovers

§8-22A-13. Rollovers and Transfers to Repay Withdrawn Contributions

§8-22A-14. Retirement Benefits

§8-22A-15. Annuity Options

§8-22A-16. Refunds to Certain Members on Discharge or Resignation; Deferred Retirement; Preretirement Death; Forfeitures

§8-22A-17. Awards and Benefits for Disability Duty Related; Exception During Early Period

§8-22A-18. Awards and Benefits for Disability Due to Other Causes; Exception During Early Period

§8-22A-19. Same -- Physical Examinations; Recertification; Termination of Disability

§8-22A-20. Awards and Benefits to Surviving Spouse -- When Member Dies in Performance of Duty, etc.; Exception During Early Period

§8-22A-21. Awards and Benefits to Surviving Spouse -- When Member Dies From Nonservice-Connected Causes

§8-22A-22. Additional Death Benefits and Scholarships - Dependent Children

§8-22A-23. Burial Benefit

§8-22A-24. Double Death Benefits Prohibited

§8-22A-25. 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

§8-22A-26. Fraud; Penalties; and Repayment

§8-22A-27. Credit Toward Retirement for Member's Military Service; Qualified Military Service

§8-22A-28. How a Municipality or Municipal Subdivision Becomes a Participating Public Employer; Duty to Request Referendum on Social Security Coverage

§8-22A-29. Effective Date; Special Starting Date for Benefits; Provisions Governing Health Care Benefits for Retirees Age Fifty to Fifty-Five

§8-22A-30. Limitation of Employer Liability

§8-22A-31. Benefits Not Forfeited if System Terminates

§8-22A-32. Membership Retroactive in Certain Circumstances

§8-22A-33. Special Authorization for Municipal Police or Firefighters Hired After July 1, 2015

§8-22A-34. Return to Covered Employment by Retirant

§8-22A-35. Severability