West Virginia Code
Chapter 5. General Powers and Authority of the Governor, Secretary of State and Attorney General; Board of Public Works; Miscellaneous Agencies, Commissions, Offices, Programs, etc.

§5-1-14. Rewards for Arrest of Criminals or in Case of Assault on or Assassination of Judge; Employment of Detectives - The Governor may offer a reward for apprehending and securing...

§5-1-15. Return of Warrants Issued by Governor - Every officer to whom any order or warrant of the...

§5-1-16. Remission of Fines and Penalties; Commutation Of - Sentences; reprieves; paroles; pardons. The Governor shall have power to...

§5-1-16a. Expungement of Criminal Record Upon Full and Unconditional Pardon - (a) Any person who has received a full and unconditional...

§5-1-17. When Governor May Remit Fine or Penalty - The Governor may remit in whole or in part any...

§5-1-18. Payments From Civil Contingent Fund - Out of the sum annually appropriated as a civil contingent...

§5-1-19. Temporary Loans - The Governor may raise, from time to time, by temporary...

§5-1-20. Reports to the Governor; Form and Contents; Transmission to the Legislature; Special Reports - (a) The secretaries of the executive department and the officers...

§5-1-21. Printing and Distribution of Biennial Messages; Distribution of Legislative Journals - Of the biennial messages submitted to the Legislature by the...

§5-1-22. Vacancies in Offices Filled by Appointment of Governor; Senate Action; Bond Requirements; Filling Vacancies in Other Appointive Offices - (a) In case of a vacancy, during the recess of...

§5-1-23. Securing Congressional Appropriations When Legislature Not in Session; Powers of Designated State Agency; Transfers of Appropriation Items by Governor - The Governor is hereby authorized and empowered to take whatever...

§5-1-24. Appointment of Assistant Attorney General to Perform Duties for Governor; Compensation - The Governor, if he deem such action necessary, may request...

§5-1-25. Designation of Daylight Saving Time as Official Time - Daylight saving time shall be the statewide official time, commencing...

§5-1-26. Fuel Emergency; Power of the Governor to Declare an Emergency; Duties of the Governor With Respect to Such Emergency; Assistance of Other State Agencies and Local Law-Enforcement Agencies; Injunctive Relief; Penalties; Jurisdiction - (a) The Legislature hereby finds and declares that the purposes...

§5-1-27. Draping of State Flag to Honor the Passing of Law-Enforcement Officers - When any law-enforcement officer employed by the state or any...

§5-1-28. Prerequisites for Bond Issuance and Refunding - (a) On and after February 1, 2005, bonds may not...

§5-1-29. Reciprocity Agreements to Establish Regulations, Licensing Requirements and Taxes for Small Businesses in Contiguous States and the District of Columbia Doing Business in West Virginia - (a) The Governor is hereby authorized to enter into and...

§5-1-30. Authority to Direct Payment of Certain Debt in Emergency - (a) The Legislature makes the following findings: (1) Subdivision (12),...

Article 1A. Itemization of Proposed Appropriations in Budget Bill Submitted by Governor to Legislature

§5-1A-1. Legislative Findings and Purposes - The Legislature finds and declares that section fifty-one, article six...

§5-1A-2. Submission of Budget Bill; Form Prescribed by Article - Pursuant to section fifty-one, article six of the Constitution of...

§5-1A-3. Proposed Appropriations for Legislative and Judicial Branches - (a) The proposed appropriations in such bill for the legislative...

§5-1A-4. Uniform Itemization; Definitions; Sub Classifications and Sub Items; Separate Line Items for Specific Programs or Purposes; Separate Account Numbers for Single Spending Units Permitted - (a) With the exception of the spending units or purposes...

§5-1A-5. Itemization of Appropriations for State Division of Highways; State Aid to Schools - (a) Proposed appropriations for the state Division of Highways shall...

Article 1D. Governor's Office of Fiscal Risk Analysis and Management

§5-1D-1. Findings and Purposes - The Legislature finds and declares that fiscal risk analysis and...

§5-1D-2. Definitions - As used in this article: (a) "Chief risk officer" means...

§5-1D-3. Creation of the Office of Fiscal Risk Analysis and Management; Appointment and Qualifications of Chief Risk Officer - (a) There is hereby created the office of fiscal risk...

§5-1D-4. Powers and Duties of the Office to All State Spending Units - With respect to all state spending units, the office of...

§5-1D-5. Powers and Duties of the Office to Executive Agencies - With respect to executive agencies, the office of fiscal risk...

§5-1D-6. Fees - All fees collected by the office of fiscal risk analysis...

§5-1D-7. Notice of Request for Proposals by State Spending Units Required to Make Purchases Through the State Purchasing Division - Any state spending unit that is required to submit a...

§5-1D-8. Notice of Request for Proposals by State Spending Units Exempted From Submitting Purchases to the State Purchasing Division - (a) Any state spending unit that is not required to...

§5-1D-9. Annual Report - The chief risk officer shall report annually to the legislative...

§5-1D-10. Exemptions - Except for the provisions of section four of this article,...

Article 1E. Healthy West Virginia Program

§5-1E-1. Findings and Purposes - The Legislature finds and declares that the rise in obesity...

§5-1E-2. Creation of the Office of Healthy Lifestyles - There is hereby created the Office of Healthy Lifestyles within...

§5-1E-3. Powers and Duties of the Office - The Office of Healthy Lifestyles shall: (1) Establish a Healthy...

§5-1E-4. Partnership to Encourage Healthy Lifestyles by Children and Families - (a) The West Virginia Healthy Lifestyles Program will develop a...

§5-1E-5. Creation of a Healthy Lifestyles Fund - There is hereby created in the state Treasury a separate...

Article 2. Secretary of State

§5-2-1. General Duties - The Secretary of State shall be the keeper of the...

§5-2-2. Authority to Administer Oaths - Where any oath may lawfully be taken within the state,...

§5-2-3. Retention and Preservation of Records of the Secretary of State; Destruction of Records - (a) The Secretary of State shall provide for the storage...

§5-2-4. Accessible County Records; Required Information - (a) The Secretary of State shall maintain a website with...

Article 3. Attorney General

§5-3-1. Written Opinions and Advice and Other Legal Services; Expenditures by State Officers, Boards and Commissions for Legal Services Prohibited - The Attorney General shall give written opinions and advice upon...

§5-3-2. Act as Counsel for State; Duties and Powers as to Prosecuting Attorneys; Defense of National Guardsmen - The Attorney General shall appear as counsel for the state...

§5-3-2a. Consent Judgments in Actions Against an Agency of Government; Notice of Proposed Consent Judgment - (a) It is hereby established as the policy of this...

§5-3-3. Assistants to Attorney General - (a) The Attorney General may appoint such deputy or assistant...

§5-3-3a. Competitive Bidding Required for Private Attorneys, Special Assistant Attorneys General - (a) The following terms, wherever used or referred to in...

§5-3-4. Annual Report to Governor, President of the Senate and Speaker of the House - (a) The Attorney General shall annually, on or before November...

§5-3-5. Fees to Be Paid Into State Treasury - On the final determination of any cause in any of...

§5-3-6. Attorney General’s Investigators Authority to Carry Concealed Weapon - (a) The Attorney General may allow, consistent with the provisions...

Article 4. Board of Public Works

§5-4-1. How Constituted; Powers and Duties - (a) The Governor, Secretary of State, Auditor, Superintendent of Free...

§5-4-2. Secretary; Records - The Secretary of State shall act as secretary of the...

Article 5. Salary Increase for State Employees

§5-5-1. Definitions - For the purposes of this article: (a) "Eligible employee" means:...

§5-5-2. Granting Incremental Salary Increases Based on Years of Service - (a) Every eligible employee with three or more years of...

§5-5-3. Optional Payment to Employee in Lump Sum Amount for Accrued and Unused Leave at Termination of Employment; No Withholding of Any Employee Contribution Deduction; Exception - Every eligible employee, as defined in section one of this...

§5-5-4. Department of Health and Human Resources Salary Adjustment - The Legislature hereby directs that an across-the-board salary adjustment be...

§5-5-4a. Department of Health and Human Resources Facility Employee Classifications - [Repealed.]

§5-5-4b. Division of Corrections, Division of Juvenile Services, and Regional Jail Authority Pay Equity Salary Adjustment - (a) The Legislature hereby finds that the Division of Corrections,...

§5-5-5. Pay Equity Adjustment - The Legislature hereby directs that a gender-based pay equity salary...

§5-5-6. Payment for Unused Sick Leave - (a) The Legislature declares that it is the purpose of...

Article 6. State Buildings

§5-6-1. Name of State Office Building Commission Changed; Composition; Appointment, Terms and Qualifications of Members; Chairman and Secretary; Compensation and Expenses; Powers and Duties Generally; Frequency of Meetings; Continuation - "The state office building commission of West Virginia", hereto created,...

§5-6-2. Legislative Findings; Purpose of Revision of Article - (a) The Legislature hereby finds that, with the concurrence of...

§5-6-3. Definitions - The following terms, wherever used or referred to in this...

§5-6-4. Powers of Commission - (a) The commission has the power: (1) To sue and...

§5-6-4a. Review of Real Property Contracts and Agreements; Master Plan for Office Space - (a) The Secretary of Administration shall provide to the Joint...

§5-6-5. Deposit and Disbursement of Funds of Commission; Security for Deposits; Audits - Except as provided in sections five-a and eleven-a of this...

§5-6-5a. Creation of Asbestos Account; Purpose; Funding; Disbursements - (a) There is hereby created in the state Treasury a...

§5-6-6. City of Charleston May Dedicate Streets, Property, etc., to Commission - Notwithstanding the provisions of any other law, the council of...

§5-6-7. Contracts With Commission to Be Secured by Bond; Competitive Bids Required for Certain Contracts - The commission shall construct a project pursuant to a contract...

§5-6-8. Commission Empowered to Issue State Building Revenue Bonds After Legislative Authorization; Form and Requirements for Bonds; Procedure for Issuance; Temporary Bonds; Funds, Grants and Gifts - (a) The commission is hereby empowered to raise the cost...

§5-6-9. Trustee for Holders of Bonds; Contents of Trust Agreement - The commission may enter into an agreement or agreements with...

§5-6-10. Trust Existing in Favor of Existing Bondholders - The properties and interests in properties, real, personal and mixed,...

§5-6-11. Management and Control of Project - The secretary of administration shall properly maintain, repair, operate, manage...

§5-6-11a. Special Power of Commission to Transfer or Expend Bond Proceeds for Capital Improvements at Institutions of Higher Education, State Parks and the Capitol Complex and to Construct and Lease a Center for Arts and Sciences of West Virginia; Li... - (a) The Legislature finds and declares that in order to...

§5-6-11b. Power of Commission to Transfer Project Funds to Other Certified Projects for State Parks - (a) The state building commission shall transfer unexpended funds allocated...

§5-6-11c. Power of the State Building Commission to Transfer Project Funds to Other Projects for State Capitol Improvements and Renovations - (a) The state building commission shall transfer unexpended funds allocated...

§5-6-12. Article Not Authority to Create State Debt - Nothing in this article contained shall be so construed or...

§5-6-13. Compliance With Article and State Constitution Only Restrictions on Construction and Management of Project - It shall not be necessary to secure from any officer...

§5-6-14. Article to Be Liberally Construed - This article, being necessary for the health, welfare and convenience...

§5-6-15. Severability - If any provision or any part or clause of any...

§5-6-16. Sloped Roofs Required - Notwithstanding any other provision of this code to the contrary,...

§5-6-17. Display of the National Motto and Pow-Mia Flag - (a) The Legislature finds and declares that the national motto...

Article 7. Social Security Agency

§5-7-1. Declaration of Policy - In order to extend to employees of the state and...

§5-7-2. Definitions - For the purposes of this article: (a) The term "wages"...

§5-7-3. Federal-State Agreement; Interstate Agreements - (a) The state agency, with the approval of the Governor,...

§5-7-4. Contributions by State Employees - (a) Every employee of the state whose services are covered...

§5-7-5. Plans for Coverage of Employees of Political Subdivisions and of State and Local Instrumentalities; Payments by Subdivisions or Instrumentalities; Contributions by Such Employees - (a) Each political subdivision of the state and each instrumentality...

§5-7-6. Contribution Fund; Appropriations Thereto - (a) There is hereby established a special fund to be...

§5-7-7. Rules and Regulations - The state agency shall make and publish such rules and...

§5-7-8. Studies and Reports - The state agency shall make studies concerning the problem of...

§5-7-9. Separability - If any provision of this article, or the application thereof...

§5-7-10. Acts Repealed - All acts or parts of acts which are inconsistent with...

Article 8. Public Records Management and Preservation Act

§5-8-1. To 5-8-20 - Repealed. Acts, 1990 Reg. Sess., Ch. 2.

Article 9. Department of Commerce

§5-9-1. To 5-9-6 - Repealed. Acts, 1977 Reg. Sess., Ch. 85.

Article 10. West Virginia Public Employees Retirement Act

§5-10-1. Short Title - The short title by which this article may be referred...

§5-10-2. Definitions - Unless a different meaning is clearly indicated by the context,...

§5-10-3. Retirement System Created and Established; Body Corporate - The West Virginia Public Employees Retirement System is hereby created...

§5-10-3a. Article to Be Liberally Construed; Supplements Federal Social Security; Federal Qualification Requirements - (a) The provisions of this article shall be liberally construed...

§5-10-4. Effective Date of System - The effective date of the West Virginia Public Employees Retirement...

§5-10-5. Board of Trustees Created; Powers and Duties Generally; Composition - The board of trustees of the West Virginia Public Employees...

§5-10-6. Trustees' Terms of Office - The first terms of office for the trustees provided for...

§5-10-7. Vacancies on Board - In the event any trustee, provided for in subdivisions (d)...

§5-10-8. Trustees' Compensation and Expenses - The trustees shall serve as trustees without compensation for their...

§5-10-9. Chairman and Vice Chairman; Executive Secretary; Employees; Treasurer; Legal Advisor; Actuary - (a) The board of trustees shall elect from its own...

§5-10-10. Board Meetings; Quorum; Vote; Proceedings - The board of trustees shall hold a meeting at least...

§5-10-11. Reports Required of Board - The board of trustees shall submit to the Governor for...

§5-10-12. Officer and Employee Bonds - The State Treasurer shall give a separate and additional bond...

§5-10-13. Actuarial Investigations and Valuations; Specification of Actuarial Assumptions - (a) The board of trustees shall keep, or cause to...

§5-10-14. Service Credit; Retroactive Provisions - (a) The board of trustees shall credit each member with...

§5-10-15. Military Service Credit; Qualified Military Service - (a) (1) The Legislature recognizes the men and women of...

§5-10-15a. Retirement Credited Service Through Member's Use, as Option, of Accrued Annual or Sick Leave Days - (a) Any member accruing annual leave or sick leave days...

§5-10-15b. Credit for Public Employment in Another State - (a) Any member of the retirement system who has previously...

§5-10-15c. Military Service Credit for Members of the West Virginia National Guard - (a)(1) The Legislature recognizes the men and women who have...

§5-10-16. When and How Political Subdivision Becomes Participating Public Employer - The state of West Virginia shall become a participating public...

§5-10-17. Retirement System Membership - The membership of the retirement system consists of the following...

§5-10-18. Termination of Membership; Reentry - (a) When a member of the retirement system retires, withdraws...

§5-10-19. Employers to File Information as to Employees Service - (a) Each participating public employer shall file with the board...

§5-10-20. Voluntary Retirement - (a) Except as provided in subsection (b) of this section,...

§5-10-21. Deferred Retirement and Early Retirement - (a) Except as provided in section twenty-one-a of this article,...

§5-10-21a. Deferred Retirement and Early Retirement for New Members as of July 1, 2015 - (a) Any person who first becomes a member of the...

§5-10-22. Retirement Annuity - (a) Upon a member's retirement, as provided in this article,...

§5-10-22a. Supplemental Benefits for Certain Annuitants - As an additional supplement to other retirement allowances provided, each...

§5-10-22b. Supplemental Benefits for Certain Annuitants - Any annuitant who is receiving a retirement annuity of less...

§5-10-22c. Temporary Early Retirement Incentives Program; Legislative Declaration and Finding of Compelling State Interest and Public Purpose; Specifying Eligible and Ineligible Members for Incentives Program; Options, Conditions, and Exceptions; Cer... - The Legislature hereby finds and declares that a compelling state...

§5-10-22d. Supplemental Benefits for Certain Annuitants - Beginning on January 1, 1991, as an additional supplement to...

§5-10-22e. Supplemental Benefits for Retirees Effective July 1, 1994; Calculation of Benefits and Conditions of Payment - (a) A supplement to retirement benefits provided shall be paid...

§5-10-22f. Minimum Benefit for Certain Retirants; Legislative Declaration; State Interest and Public Purpose - The Legislature hereby finds and declares that an important state...

§5-10-22g. One-Time Supplement for Certain Annuitants Effective July 1, 2001 - (a) A one-time supplement to retirement benefits shall be provided...

§5-10-22h. Limitations on Benefit Increases - (a) The state shall not increase any existing benefits or...

§5-10-22i. One-Time Supplement for Certain Annuitants Effective July 1, 2006 - (a) A one-time supplement to retirement benefits of three percent,...

§5-10-22j. One-Time Bonus Payment for Certain Annuitants Effective July 1, 2008 - (a) As an additional bonus payment to other retirement allowances...

§5-10-22k. One-Time Bonus Payment for Certain Annuitants Effective July 1, 2011 - (a) As an additional bonus payment to other retirement allowances...

§5-10-22l. Minimum Benefit for Certain Retirants - (a) For purposes of this section: (1) "Elected public official"...

§5-10-23. Terminal Payment Following Retirement - (a) This section provides for the payment of the balance...

§5-10-24. Annuity Options - (a) Prior to the effective date of his or her...

§5-10-25. Disability Retirement - (a) Upon the application of a member of the retirement...

§5-10-26. Reexamination of Disability Retirants; Reemployment; Adjustment of Annuity for Earnings - (a) At least once each year during the first five...

§5-10-27. Preretirement Death Annuities - (a) (1) Except as otherwise provided in this section, in...

§5-10-27a. Federal Law Maximum Benefit Limitations - Notwithstanding any other provision of this article or state law,...

§5-10-27b. Federal Law Minimum Required Distributions - The requirements of this section apply to any distribution of...

§5-10-27c. Direct Rollovers - (a) Except where otherwise stated, this section applies to distributions...

§5-10-27d. Rollovers and Transfers to Purchase Service Credit Or - Repay withdrawn contributions. (a) This section applies to rollovers and...

§5-10-28. Unified Accounting; Funds - For financing and accounting purposes, the West Virginia Public Employees...

§5-10-29. Members' Deposit Fund; Members' Contributions; Forfeitures - (a) The members' deposit fund is hereby created. It shall...

§5-10-30. Refund of Accumulated Contributions - (a) In the event a member leaves the employ of...

§5-10-31. Employers Accumulation Fund; Employers Contributions - (a) The Employers Accumulation Fund is hereby continued. It is...

§5-10-31a. Retroactive Contributions to the Retirement System for Retroactive Service Credit Granted; One Year Period for Application - Those public employers who are participating in the West Virginia...

§5-10-32. Appropriations for State Contributions to Retirement System; Contributions for Members Paid From Special Funds or by Other Employers - (a) At least thirty days prior to each regular session...

§5-10-33. Contributions by Other Participating Public Employers; Withholding State Money to Satisfy Delinquencies - (a) The board of trustees shall annually certify to each...

§5-10-34. Transfers to Retirement Reserve Fund - Upon the retirement of a member, or if an annuity...

§5-10-35. Retirement Reserve Fund Created; Transfers From Fund on Reemployment - The retirement reserve fund is hereby created. It shall be...

§5-10-36. Income Fund - The income fund is hereby created. It shall be the...

§5-10-38. Investment of Moneys; Bonds of State Departments and Institutions to Be Offered First to Board of Public Works - All moneys of the retirement system not currently required for...

§5-10-39. No Trustee, etc., Shall Gain From Investments of System - Except as otherwise provided in this article, no trustee, no...

§5-10-40. Restricted Use of Retirement System Moneys - The moneys, investments and all other assets of the retirement...

§5-10-41. Allowance of Regular Interest on Balances in Funds - The board of trustees shall, at the end of each...

§5-10-42. Fiscal or Plan Year of Retirement System - The fiscal or plan year of the retirement system shall...

§5-10-43. Pro Rata Reduction of Annuities - Any provision in this article to the contrary notwithstanding, if...

§5-10-44. Correction of Errors; Underpayments; Overpayments - (a) General rule. Upon learning of any errors, the board...

§5-10-45. Fraud; Penalty - Any person who shall knowingly make any false statement or...

§5-10-46. Right to Benefits Not Subject to Execution, etc.; Assignments Prohibited; Deductions for Group Insurance; Setoffs for Fraud; Exception for Certain Domestic Relations Orders - The right of a person to any benefit provided for...

§5-10-47. Benefits Exempt From Taxes - The annuities and other benefits provided by this article, and...

§5-10-48. Reemployment After Retirement; Options for Holder of Elected Public Office - (a) The Legislature finds that a compelling state interest exists...

§5-10-49. Removal From Office - Any member of the retirement system who has been removed...

§5-10-50. Severability - If any part of this article is declared unconstitutional by...

§5-10-51. Withdrawal - The police department and/or fire department of any municipality of...

§5-10-52. Specific Provisions Relating to Certain Members of the Legislature and Certain Service by Members of the Legislature - The provisions of this article specifying that a legislator may...

§5-10-53. Joint Study of State Retirement Systems; Report to Joint Committee on Government and Finance by Specified Date of Study Conclusions - In light of the determination to repeal the Public Employees...

§5-10-54. Termination of Benefits; Procedure - Whenever the board determines that (1) any person has knowingly...

§5-10-55. Benefits Not to Be Forfeited if System Terminates - If the retirement system is terminated or contributions are completely...

Article 10A. Disqualification for Public Retirement Plan Benefits

§5-10A-1. Findings and Declarations - The Legislature finds and declares that every retirement plan instituted...

§5-10A-2. Definitions - As used in this article: (a) "Retirement plan" or "plan"...

§5-10A-3. Notice of Intention to Terminate Benefits; Waiver; Failure to Reply - (a) Whenever a supervisory board, upon receipt of a verified...

§5-10A-4. Determination by Circuit Court of Ineligibility; Jurisdiction; Appeal - (a) If a participant, former participant or beneficiary informs the...

§5-10A-5. Termination of Benefits - (a) The board shall terminate a participant's, former participant's or...

§5-10A-6. Refund of Contributions - The supervisory board shall refund to a participant or beneficiary...

§5-10A-7. Eligibility for New Participation Upon Rehabilitation - Nothing in this article prohibits a participant or former participant...

§5-10A-8. Setoff; Unpaid Benefits Subject to Execution, Freezing of Account Upon Finding of Probable Cause - (a) The State of West Virginia or any of its...

§5-10A-9. Rules of Construction - If any provision of this article is determined to deprive...

§5-10A-10. Severability - If any section, subsection, subdivision, provision, clause or phrase of...

§5-10A-11. Notification From Prosecuting Attorneys - The prosecuting attorneys of the counties of this state shall,...

Article 10B. Government Employees Deferred Compensation Plans

§5-10B-1. Legislative Purpose - The legislative purpose of this enactment is to enable employees...

§5-10B-2. Definitions - Unless the context in which used clearly indicates a different...

§5-10B-3. Powers; Contracts; Meetings - (a) Notwithstanding any provision of this code to the contrary,...

§5-10B-3a. Automatic Enrollment - (a) Every state employee commencing work on and after July...

§5-10B-4. Responsibility for Implementing Plans -- Payroll Reductions -- Billing and Administration - (a) The responsibility for implementing the deferred compensation plan for...

§5-10B-5. Investment of Funds - Notwithstanding any other provision of law to the contrary, the...

§5-10B-6. Program Supplemental - The deferred compensation plan or plans established pursuant to this...

§5-10B-7. Other Benefits Unaffected by Deferred Compensation Plan - Notwithstanding any other provision of law to the contrary, any...

§5-10B-8. Federal and State Income Tax - Notwithstanding any other provision of this article or any other...

§5-10B-9. Liabilities of State of West Virginia or Political Subdivisions - The state employer and the public employers shall not incur...

§5-10B-10. Deferred Compensation Plan Funds Held in Trust - (a) Notwithstanding anything herein to the contrary, as of January...

§5-10B-10a. Matching Contribution Program - (a) For a period commencing July 1, 2007, and continuing...

§5-10B-11. Deferred Compensation Administrative Account - The Deferred Compensation Administrative Account is created in the accounts...

§5-10B-12. Confidential Information Exempt From Disclosure - All information contained in the records maintained pursuant to this...

§5-10B-12a. Disclosure of Information to the Treasurer for Operation of the Plan - For purposes of this article, any person or entity with...

§5-10B-13. Moneys Not Subject to Legal Process; Qualified Domestic Relations Orders - No account, benefit or right, created pursuant to this article,...

§5-10B-14. Roth Accounts - The Treasurer or any public employer may authorize Roth accounts...

Article 10C. Government Employees Retirement Plans

§5-10C-1. Legislative Purpose - The legislative purpose of this enactment is to enable this...

§5-10C-2. Construction and Effect of Article - This article shall apply to all retirement plans for employees...

§5-10C-3. Definitions - The following words and phrases as used in this article,...

§5-10C-4. Pick-Up of Members' Contributions by Participating Public Employers - (a) The State of West Virginia for its public employees...

§5-10C-5. Savings Clause - In enacting this article, it is the intent of the...

Article 10D. Consolidated Public Retirement Board

§5-10D-1. Consolidated Public Retirement Board Continued; Members; Vacancies; Investment of Plan Funds - (a) The Consolidated Public Retirement Board is continued to administer...

§5-10D-2. Chairman and Vice Chairman; Executive Director; Employees; Legal Advisor; Actuary - (a) The board shall elect from its own number a...

§5-10D-3. Board Meetings; Quorum; Vote; Proceedings; Compensation - (a) The board shall hold a meeting at least once...

§5-10D-4. Employment of an Actuary; Duties; Compensation - (a) The board is hereby empowered and authorized to employ...

§5-10D-6. Voluntary Deductions by the Consolidated Public Retirement Board From Monthly Benefits to Retirees to Pay Association Dues - (a) Any recipient of monthly retirement benefits from any public...

§5-10D-6a. Voluntary Election by Eligible Retired Public Safety Officers to Have Amounts From Eligible Retirement Plan Distributed to Pay for Qualified Health Insurance Premiums - (a) Effective on or after January 1, 2007, any eligible...

§5-10D-7. Compensation Limitations; Effective Dates - (a) Effective for plan years beginning after December 31, 1995,...

§5-10D-9. When Annuities to Be Paid - For all of the public retirement plans administered by the...

§5-10D-10. Death Benefits for Participants or Members Who Die While Performing Qualified Military Service; Treatment of Differential Wage Payments - (a) Death benefits. In the case of a death occurring...

§5-10D-11. Liability of Participating Public Employer for Delinquent Retirement Contributions; Liability of Participating Public Employer's Successor for Delinquent Retirement Contributions; Lien for Delinquent Contributions; Collection by Suit - (a) A participating public employer of a public retirement system...

§5-10D-12. Employer Reporting Requirements - Pursuant to its responsibility as a regulatory body, the Consolidated...

§5-10D-13. Withholding State and County Money to Satisfy Delinquencies - (a) If any employer participating in a retirement plan administered...

Article 11. Human Rights Commission

§5-11-1. Short Title - This article shall be known and may be cited and...

§5-11-2. Declaration of Policy - It is the public policy of the State of West...

§5-11-3. Definitions - When used in this article: (a) The term "person" means...

§5-11-4. Powers and Objectives - The commission shall have the power and authority and shall...

§5-11-5. Composition; Appointment, Terms, and Oath of Members; Compensation and Expenses - The commission shall be composed of nine members, all residents...

§5-11-6. Commission Organization and Personnel; Executive Director; Offices; Meetings; Quorum; Expenses of Personnel - As soon as practical after July 1, of each year,...

§5-11-7. Assistance to Commission; Legal Services - The commission may call upon other officers, departments and agencies...

§5-11-8. Commission Powers; Functions; Services - The commission is hereby authorized and empowered: (a) To cooperate...

§5-11-9. Unlawful Discriminatory Practices - It shall be an unlawful discriminatory practice, unless based upon...

§5-11-9a. Veterans Preference Not a Violation of Equal Employment Opportunity Under Certain Circumstances - An employer may grant preference in hiring to a veteran...

§5-11-10. Discriminatory Practices; Investigations, Hearings, Procedures and Orders - Any individual claiming to be aggrieved by an alleged unlawful...

§5-11-11. Appeal and Enforcement of Commission Orders - (a) From any final order of the commission, an application...

§5-11-12. Local Human Relations Commissions - (a) The legislative body of a political subdivision may, by...

§5-11-13. Exclusiveness of Remedy; Exceptions - (a) Except as provided in subsection (b), nothing contained in...

§5-11-14. Penalty - Any person who shall willfully resist, prevent, impede or interfere...

§5-11-15. Construction; Severability - The provisions of this article shall be liberally construed to...

§5-11-16. Certain Records Exempt - Notwithstanding any other provisions of this article, it shall not...

§5-11-17. Posting of Law and Information - Every employer, labor organization, employment agency and person operating a...

§5-11-18. Injunctions in Certain Housing Complaints - When it appears that a housing unit or units described...

§5-11-19. Private Club Exemption - Nothing in this article shall prohibit a private club not...

§5-11-20. Violations of Human Rights; Civil Action by Attorney General - (a) A person has the right to engage in lawful...

Article 11A. West Virginia Fair Housing Act

§5-11A-1. Short Title - This article may be cited as the "West Virginia Fair...

§5-11A-2. Declaration of Policy - It is the policy of the State of West Virginia...

§5-11A-3. Definitions - As used in this article: (a) "Commission" means the West...

§5-11A-3a. Volunteer Services or Materials to Build or Install Basic Universal Design Features; Workers, Contractors, Engineers, and Architects; Immunity From Civil Liability - Any person, including a worker, contractor, engineer or architect, who...

§5-11A-4. Application of Article - (a) The prohibitions against discrimination in the sale or rental...

§5-11A-5. Discrimination in Sale or Rental of Housing and Other Prohibited Practices - As made applicable by section four of this article and...

§5-11A-6. Discrimination in Residential Real Estate-Related Transactions - (a) It is unlawful for any person or other entity...

§5-11A-7. Discrimination in Provision of Brokerage Services - It is unlawful to deny any person access to or...

§5-11A-8. Religious Organization or Private Club Exemption - (a) Nothing in this article shall prohibit a religious organization,...

§5-11A-9. Administration; Authority and Responsibility; Delegation of Authority; Appointment of Administrative Law Judges; Location of Conciliation Meetings; Administrative Review; Cooperation of the Commission and Executive Departments and Agencies... - The authority and responsibility for administering this article shall be...

§5-11A-10. Education and Conciliation; Conferences and Consultations; Reports - Immediately upon the effective date of this article, the commission...

§5-11A-11. Administrative Enforcement; Preliminary Matters; Complaints and Answers; Service; Conciliation; Injunctions; Reasonable Cause Determinations; Issuance of Charge - (a) (1) (A) An aggrieved person may, not later than...

§5-11A-12. Subpoenas; Giving of Evidence; Witness Fees; Enforcement of Subpoenas - The commission may, in accordance with this subsection, issue subpoenas...

§5-11A-13. Election of Remedies; Administrative Hearings and Discovery; Exclusivity of Remedies; Final Orders; Review by Commission; Judicial Review; Remedies; Attorney Fees - (a) When a charge is filed under section eleven of...

§5-11A-14. Enforcement by Private Persons; Civil Actions; Appointed Attorneys; Remedies; Bona Fide Purchasers; Intervention by Attorney General - (a) (1) (A) An aggrieved person may commence a civil...

§5-11A-15. Enforcement by Attorney General; Pattern or Practice Cases; Subpoena Enforcement; Remedies; Intervention - (a) Whenever the Attorney General has reasonable cause to believe...

§5-11A-16. Interference, Coercion or Intimidation; Enforcement by Civil Action - It shall be unlawful to coerce, intimidate, threaten or interfere...

§5-11A-17. Cooperation With Local Agencies Administering Fairhousing Laws; Utilization of Services and Personnel; Reimbursement; Written Agreements; Publication Instate Register - The commission may cooperate with local agencies charged with the...

§5-11A-18. Effect on Other Laws - Nothing in this article shall be construed to invalidate or...

§5-11A-19. Severability of Provisions - If any provision of this article or the application thereof...

§5-11A-20. Rules to Implement Article - In consultation with other appropriate agencies, the commission shall, not...

Article 11B. Pregnant Workers Fairness Act

§5-11B-1. Short Title - This article may be cited as the Pregnant Workers' Fairness...

§5-11B-2. Nondiscrimination With Regard to Reasonable Accommodations Related to Pregnancy - It shall be an unlawful employment practice for a covered...

§5-11B-3. Remedies and Enforcement - (a) The powers, procedures, and remedies provided in article eleven...

§5-11B-4. Rule-Making - Not later than two years after the date of enactment...

§5-11B-5. Definitions - As used in this article: (1) "Attorney General" means the...

§5-11B-6. Relationship to Other Laws - Nothing in this article shall be construed to invalidate or...

§5-11B-7. Reports - The Commission shall on October 1 of each year report...

Article 12. West Virginia Antiquities Commission

§5-12-1. To 5-12-5 - Repealed. Acts, 1977 1st Ex. Sess., Ch. 7.

Article 13. Public Employees' and Teachers' Reciprocal Service Credit Act

§5-13-1. Short Title - The short title by which this article may be referred...

§5-13-2. Definitions - The following words and phrases as used in this article,...

§5-13-3. Credited Service Upon Transfer Between Systems - (a) Transfer from public service system to teacher service system....

§5-13-4. Reciprocal Service - In the event a member leaves a position covered by...

§5-13-5. Prior Service Credit - (a) In the event a member of the public system...

§5-13-6. Disability Reciprocal Credit - In the event a member, who has reciprocal service credit...

Article 14. West Virginia Commission for the Deaf and Hard-of-Hearing

§5-14-1. Legislative Findings - The Legislature hereby finds and declares that: (a) There is...

§5-14-2. Definitions - As used in this article: (a) "Deaf" means severe to...

§5-14-3. Continuation of Commission; Membership - (a) The West Virginia Commission for the Deaf and Hard...

§5-14-4. Terms of Office; Quorum - Members of the commission who do not serve ex officio...

§5-14-5. Powers and Duties of the Commission; Information Clearinghouse; Coordination of Interpreters; Outreach Programs; Seminars and Training Sessions - (a) The commission shall maintain a clearinghouse of information, the...

§5-14-6. Seminars and Training Sessions - The commission may establish one or more training sessions or...

§5-14-7. Assistance of Other Agencies - To effectuate the purposes of this article, the commission may...

§5-14-8. Executive Director; Staff - There shall be within the commission an executive director who...

§5-14-9. Reports and Recommendations - The commission shall make an annual report to the Governor...

§5-14-10. Grants and Gifts; Contracts - The commission, with the approval of the Governor, may agree...

§5-14-11. Reimbursement for Expenses - The members of the commission, other than its ex officio...

Article 14A. West Virginia Interpreter for the Deaf Act

§5-14A-1. Short Title - This article shall be known and may be cited as...

§5-14A-2. Definitions - As used in this article: (a) "Deaf person" means one...

§5-14A-3. Appointment of Interpreter in Court Action or Grand Jury Proceeding - (a) In any case before any court or the grand...

§5-14A-4. Arrests -- Appointment of an Interpreter - (a) In the event a person who is deaf is...

§5-14A-5. Administrative Proceedings -- Appointment of Interpreter - (a) In any proceeding before any department, board, commission, agency...

§5-14A-6. Notice of Necessity of Interpreter -- Proof of Deafness - Every deaf person whose appearance in any proceeding entitles him...

§5-14A-7. Processing Request for Interpreter -- Duties and Responsibilities - It shall be the responsibility of the appointing authority to...

§5-14A-8. Confirmation of Accuracy of Interpretation - Before a qualified interpreter may participate in any proceedings under...

§5-14A-9. Interpreter Fee; Authority for Legislative Rules - Notwithstanding the provisions of section seven, article five, chapter fifty-seven...

Article 15. White Cane Law

§5-15-1. Short Title - This article shall be known as the "White Cane Law."

§5-15-2. Policy - It is the policy of this state to encourage and...

§5-15-3. Definitions - For the purpose of this article: (a) A "person who...

§5-15-4. Equal Right to Use Public Facilities; Service Animals and Trainers - (a) A person who is blind or is a person...

§5-15-5. Standard of Care to Be Exercised by and With Respect to Persons Who Are Blind or Who Have a Disability - (a) A person who is blind or who has a...

§5-15-6. Annual Proclamation of White Cane Day - Each year the Governor shall take suitable public notice of...

§5-15-7. Policy of the State on Employment of Persons Who Are Blind or Persons With Disabilities - It is the policy of this state that persons who...

§5-15-8. Interference With Rights Hereunder; Penalties - Any person, firm or corporation, or the agent of any...

§5-15-9. Fraudulent Representation; Penalties - (a) Any person who falsely represents to another that he...

Article 16. West Virginia Public Employees Insurance Act

§5-16-1. Short Title; Legislative Intent - The short title by which this article may be referred...

§5-16-2. Definitions - The following words and phrases as used in this article,...

§5-16-3. Composition of Public Employees Insurance Agency; Appointment, Qualification, Compensation and Duties of Director of Agency; Employees; Civil Service Coverage - (a) The Public Employees Insurance Agency consists of the director,...

§5-16-4. Public Employees Insurance Agency Finance Board Continued; Qualifications, Terms, and Removal of Members; Quorum; Compensation and Expenses; Termination Date - (a) The Public Employees Insurance Agency Finance Board is continued...

§5-16-5. Purpose, Powers and Duties of the Finance Board; Initial Financial Plan; Financial Plan for Following Year; and Annual Financial Plans - (a) The purpose of the finance board created by this...

§5-16-5a. Retiree Premium Subsidy From Retiree Health Benefit Trust for Hires Prior to July 1, 2010 - The Finance Board may include in its financial plans a...

§5-16-5b. Creation of Trust for Retirees Hired on or After July 1, 2010 - There is hereby created a special revenue account in the...

§5-16-7. Authorization to Establish Group Hospital and Surgical Insurance Plan, Group Major Medical Insurance Plan, Group Prescription Drug Plan, and Group Life and Accidental Death Insurance Plan; Rules for Administration of Plans; Mandated Benefits... - (a) The agency shall establish a group hospital and surgical...

§5-16-7a. Additional Mandated Benefits; Third Party Reimbursement for Colorectal Cancer Examination and Laboratory Testing - (a) Notwithstanding any provision of any policy, provision, contract, plan...

§5-16-7b. Coverage for Telehealth Services - (a) The following terms are defined: (1) “Distant site” means...

§5-16-7c. Required Coverage for Reconstruction Surgery Following Mastectomies - (a) The plan shall provide, in a case of a...

§5-16-7d. Coverage for Patient Cost of Clinical Trials - (a) The provisions of this section and section seven-e of...

§5-16-7e. Definitions - For purposes of section seven-d of this article: (a) A...

§5-16-7f. Prior Authorization - (a) As used in this section, the following words and...

§5-16-7g. Coverage for Prescription Insulin Drugs - (a) A policy, plan, or contract that is issued or...

§5-16-8. Conditions of Insurance Program - The insurance plans provided for in this article shall be...

§5-16-8a. Air-Ambulance Fees - (a) The plan shall reimburse any air-ambulance provider that provides...

§5-16-9. Authorization to Execute Contracts for Group Hospital and Surgical Insurance, Group Major Medical Insurance, Group Prescription Drug Insurance, Group Life and Accidental Death Insurance, and Other Accidental Death Insurance; Mandated Benefit... - (a) The director is given exclusive authorization to execute such...

§5-16-10. Contract Provisions for Group Hospital and Surgical, Group Major Medical, Group Prescription Drug and Group Life and Accidental Death Insurance for Retired Employees, Their Spouses and Dependents - Any contract or contracts entered into hereunder may provide for...

§5-16-11. To Whom Benefits Paid - Any benefits payable under any group hospital and surgical, group...

§5-16-12. Misrepresentation by Employer, Employee or Provider; Penalty - (a) It shall be a violation of this article for...

§5-16-12a. Inspections; Violations and Penalties - (a) Employers and employees participating in any of the Public...

§5-16-12b. Privileges and Immunity - (a) Any person who makes a report or furnishes information,...

§5-16-13. Payment of Costs by Employer and Employee; Spouse and Dependent Coverage; Involuntary Employee Termination Coverage; Conversion of Annual Leave and Sick Leave Authorized for Health or Retirement Benefits; Authorization for Retiree Participa... - (a) Cost-sharing. -- The director shall provide under any contract...

§5-16-14. Program Qualifying for Favorable Federal Income Tax Treatment - The director shall develop, implement and have in place by...

§5-16-15. Optional Dental, Optical, Disability and Prepaid Retirement Plan and Audiology and Hearing-Aid Service Plan - (a) On and after July 1, 1989, the director shall...

§5-16-16. Preferred Provider Plan - The director shall, on or before April 1, 1988, or...

§5-16-17. Preexisting Conditions Not Covered; Defined - A preexisting condition is an injury, or sickness, or any...

§5-16-18. Payment of Costs by Employer; Schedule of Insurance; Special Funds Created; Duties of Treasurer With Respect Thereto - (a) All employers operating from state general revenue or special...

West Virginia Code Chapter 5. General Powers and Authority of the Governor, Secretary of State and Attorney General; Board of Public Works; Miscellaneous Agencies, Commissions, Offices, Programs, etc.

West Virginia Code
Chapter 5. General Powers and Authority of the Governor, Secretary of State and Attorney General; Board of Public Works; Miscellaneous Agencies, Commissions, Offices, Programs, etc.