2005 West Virginia Code - §15-2-30. — Same -- Due to other causes.

§15-2-30. Same -- Due to other causes.
If any member while in active service of the Department has, in the opinion of the Retirement Board, become permanently partially or totally disabled to the extent that the member cannot adequately perform the duties required of a member of the Department from any cause other than those set forth in the preceding section and not due to vicious habits, intemperance or willful misconduct on his or her part, the member shall be retired by the Retirement Board. The member is entitled to receive annually and there shall be paid to the member while in status of retirement, from the Death, Disability and Retirement Fund in equal monthly installments during the lifetime of such member or until the disability sooner terminates, a sum equal to one-half the salary received in the preceding twelve-month period: Provided, That if the member had not been employed with the Department for twelve months prior to the disability, the amount of monthly salary shall be annualized for the purpose of determining the benefit. If the member, at the time of retirement under the terms of this section, has served twenty years or longer as a member of the Department, the member is entitled to receive annually and there shall be paid to the member from the Death, Disability and Retirement Fund in equal monthly installments, commencing on the date the member is retired and continuing during the lifetime of the member, until the member attains the age of fifty, while in status of retirement, an amount equal to one-half the salary received by the member in the preceding twelve-month period: Provided, however, That if the member had not been employed with the Department for twelve months prior to the disability, the amount of monthly salary shall be annualized for the purpose of determining the benefit.
For the purposes of this section, the term "salary" does not include any compensation paid for overtime service.
Upon attaining age fifty, the member shall receive the benefit provided in subsection (c), section twenty-seven of this article as it would apply to his or her aggregate career earnings from the Department through the day immediately preceding his or her disability. The recalculation of benefit upon a member attaining age fifty shall be considered to be a retirement under the provisions of section twenty-seven of this article, for purposes of determining the amount of annual annuity adjustment and for all other purposes of this article.