# W. Va. Code § 20-18-26: Awards and benefits to surviving spouse – when member dies from nonservice-connected causes

> West Virginia · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_WV_C20_A18_S26

## Section

- **Citation:** W. Va. Code § 20-18-26
- **Heading:** Awards and benefits to surviving spouse – when member dies from nonservice-connected causes
- **Jurisdiction:** West Virginia
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** WV Code / Chapter 20 / Article 18 / Section 26

## Text

(a) In any case where a member who has been a contributing member for at least 10 years dies prior to retirement from any cause other than those specified in §20-18-25 of this code, and not due to vicious habits, intemperance, or willful misconduct on his or her part, the fund shall pay annually in equal monthly installments to the surviving spouse during his or her lifetime, a sum equal to the greater of: (i) One half of the annual compensation received by the deceased member during the last 12 full months of contributory service; or (ii) if the member dies after meeting normal retirement age requirements, the monthly amount which the spouse would have received had the member retired the day before his or her death, elected a 100 percent joint and survivor annuity with the spouse as the joint annuitant, and then died.

(b) In any case where a retirant who had been a contributing member for at least 10 years, had not obtained the age of 60, and was receiving benefits pursuant to §20-18-22 of this code dies and leaves a surviving spouse, the fund shall pay annually in equal monthly installments to the surviving spouse during his or her lifetime a sum equal to the greater of: (i) One half of the annual compensation received by the deceased member during the last 12 full months of contributory service; or (ii) if the retirant dies after meeting normal retirement age requirements, the monthly amount which the spouse would have received had the member retired the day before his or her death, elected a 100 percent joint and survivor annuity with the spouse as the joint annuitant, and then died.

(c) Benefits for a surviving spouse received under §20-18-27 and §20-18-28 of this code, are in lieu of receipt of any other benefits under this article for the spouse or any other person or under the provisions of any other state retirement system based upon the member's covered employment.

## Nearby sections

- [W. Va. Code § 20-18-1 §20-18-1. Short title.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C20_A18_S1.md)
- [W. Va. Code § 20-18-2 §20-18-2. Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C20_A18_S2.md)
- [W. Va. Code § 20-18-3 §20-18-3. Meaning of terms.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C20_A18_S3.md)
- [W. Va. Code § 20-18-4 §20-18-4. Creation and administration of West Virginia Natural Resources Police Officers Retirement System; specification of actuarial assumptions.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C20_A18_S4.md)
- [W. Va. Code § 20-18-5 §20-18-5. Article to be liberally construed; supplements federal social security; federal qualification requirements.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C20_A18_S5.md)
- [W. Va. Code § 20-18-6 §20-18-6. Members.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C20_A18_S6.md)
- [W. Va. Code § 20-18-7 §20-18-7. Creation of fund; investments.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C20_A18_S7.md)
- [W. Va. Code § 20-18-8 §20-18-8. Members' contributions; employer contributions.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C20_A18_S8.md)
- [W. Va. Code § 20-18-9 §20-18-9. Correction of errors; underpayments; overpayments.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C20_A18_S9.md)
- [W. Va. Code § 20-18-10 §20-18-10. Transfer from Public Employees Retirement System.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C20_A18_S10.md)
- [W. Va. Code § 20-18-11 §20-18-11. Notice requirements.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C20_A18_S11.md)
- [W. Va. Code § 20-18-12 §20-18-12. Retirement; commencement of benefits.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C20_A18_S12.md)
- [W. Va. Code § 20-18-13 §20-18-13. Federal law maximum benefit limitations.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C20_A18_S13.md)
- [W. Va. Code § 20-18-14 §20-18-14. Federal law minimum required distributions.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C20_A18_S14.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WV_C20_A18_S26. Check the current official text before relying on it. Not legal advice.