2005 West Virginia Code - §5-10A-5. — Termination of benefits.

§5-10A-5. Termination of benefits.
(a) The board shall terminate a participant's or beneficiary's membership in the plan and shall not thereafter pay any benefits to the participant or his beneficiaries if an affected participant or beneficiary either waives the right to demand that the board seek a determination of eligibility in circuit court as set forth in section three of this article or fails to respond to the notice within forty days after service thereof as set forth in said section three, or if a circuit court has determined that the participant rendered less than honorable service in accordance with section four of this article.
(b) In the event that the participant is deceased and there are two or more beneficiaries at least one of whom has given the board timely notice that he wishes to exercise his right to demand that the board seek a determination of eligibility in circuit court, the board shall take the action provided for by this section with respect to all the beneficiaries only upon a determination by the court that the participant has rendered less than honorable service.