2005 West Virginia Code - §15-2-38. — Refund to dependents upon death of member not eligible for benefits.

§15-2-38. Refund to dependents upon death of member not eligible for benefits.

If any member while in active status shall die after having served two full years or longer as a member of said department and the retirement board shall be of opinion after hearing thereon that the dependent or dependents of said member are ineligible under the provisions of this article to receive any of the benefits provided herein, the superintendent shall refund to the spouse, if surviving, but if not surviving, to the children of such member, and if there be no surviving spouse or children, to the dependent parents, a sum equal to the aggregate of the principal amount of all moneys deducted from the salary of such member and paid into such fund as aforesaid, and if there be no surviving spouse or children or dependent parent or parents, then the same shall remain in the fund. Whenever any such refund shall be made the surviving spouse or other dependents of such deceased member shall not be entitled to any other rights or benefits on account of said fund under the provisions of this article.