2005 West Virginia Code - §15-2A-2. — Definitions.

§15-2A-2. Definitions.
As used in this article, unless the context clearly requires a different meaning:
(1) "Active military duty" means full-time active duty with the Armed Forces of the United States, namely, the United States Air Force, Army, Coast Guard, Marines or Navy; and service with the National Guard or reserve military forces of any of the Armed Forces when the member has been called to active full-time duty and has received no compensation during the period of duty from any person other than the Armed Forces.
(2) "Base salary" means compensation paid to a member without regard to any overtime pay.
(3) "Board" means the Consolidated Public Retirement Board created pursuant to article ten-d, chapter five of this code.
(4) "Department" means the West Virginia State Police.
(5) "Final average salary" means the average of the highest annual compensation received for employment with the Department, including compensation paid for overtime service, received by the member during any five calendar years within the member's last ten years of service.
(6) "Fund" means the West Virginia State Police Retirement Fund created pursuant to section four of this article.
(7) "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended.
(8) "Law-enforcement officer" means individuals employed or otherwise engaged in either a public or private position which involves the rendition of services relating to enforcement of federal, state or local laws for the protection of public or private safety, including, but not limited to, positions as deputy sheriffs, police officers, marshals, bailiffs, court security officers or any other law-enforcement position which requires certification, but excluding positions held by elected sheriffs or appointed chiefs of police whose duties are purely administrative in nature.
(9) "Member" or "employee" means a person regularly employed in the service of the Department as a law-enforcement officer after the effective date of this article.
(10) "Month of service" means each month for which a member is paid or entitled to payment for at least one hour of service for which contributions were remitted to the Fund. These months shall be credited to the member for the calendar year in which the duties are performed.
(11) "Partially disabled" means a member's inability, on a probable permanent basis, to perform the essential duties of a law enforcement officer by reason of any medically determinable physical or mental impairment which has lasted or can be expected to last for a continuous period of not less than twelve months, but which impairment does not preclude the member from engaging in other types of nonlaw-enforcement employment.
(12) "Physical or mental impairment" means an impairment that results from an anatomical, physiological or psychological abnormality that is demonstrated by medically accepted clinical and laboratory diagnostic techniques.
(13) "Plan year" means the twelve-month period commencing on the first day of July of any designated year and ending the following thirtieth day of June.
(14) "Required beginning date" means the first day of April of the calendar year following the later of: (a) The calendar year in which the member attains age seventy and one half years; or (b) the calendar year in which he or she retires or otherwise separates from service with the Department after having attained the age of seventy and one half years.
(15) "Retirement system," "plan" or "system" means the West Virginia State Police Retirement System created and established by this article.
(16) "Salary" means the compensation of a member, excluding any overtime payments.
(17) "Totally disabled" means a member's probable permanent inability to engage in substantial gainful activity by reason of any medically determined physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than twelve months. For purposes of this subdivision, a member is totally disabled only if his or her physical or mental impairments are so severe that he or she is not only unable to perform his or her previous work as a member of the Department, but also cannot, considering his or her age, education and work experience, engage in any other kind of substantial gainful employment which exists in the state regardless of whether: (A) The work exists in the immediate area in which the member lives; (B) a specific job vacancy exists; or (C) the member would be hired if he or she applied for work.
(18) "Years of service" means the months of service acquired by a member while in active employment with the Department divided by twelve. Years of service shall be calculated in years and fraction of a year from the date of active employment of the member with the Department through the date of termination of employment or retirement from the Department. If a member returns to active employment with the Department following a previous termination of employment with the Department, and the member has not received a refund of contributions plus interest for the previous employment under section eight of this article, service shall be calculated separately for each period of continuous employment, and years of service shall be the total service for all periods of employment. Years of service shall exclude any periods of employment with the Department for which a refund of contributions plus interest has been paid to the member, unless the member repays the previous withdrawal, as provided in section eight of this article, to reinstate the years of service.