2005 West Virginia Code - §15-2A-10. — Same -- Due to other causes.

§15-2A-10. Same -- Due to other causes.
(a) If any member while in active service of the State Police becomes partially or totally disabled on a probable permanent basis 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 Board. There shall be paid annually to the member from the Fund in equal monthly installments, commencing on the date the member is retired and continuing during the lifetime of the member; or until the member attains the age of fifty-five; while in status of retirement an amount equal to one half the base salary received by the member 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.
(b) Upon attaining age fifty-five, the member shall receive the benefit provided in section six of this article as it would apply to his or her final average salary based on earnings from the Department through the day immediately preceding his or her disability. The recalculation of benefit upon a member attaining age fifty-five shall be considered to be a retirement under the provisions of section six of this article, for purposes of determining the amount of annual annuity adjustment and for all other purposes of this article.