# W. Va. Code § 8-22A-21: 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_C8_A22A_S21

## Section

- **Citation:** W. Va. Code § 8-22A-21
- **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 8 / Article 22A / Section 21

## Text

(a) If 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 §8-22A-20 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: (1) One half of the annual compensation received by the deceased member during the last 12 full months of contributory service; or (2) 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 member who had been a contributing member for at least 10 years, had not obtained the age of 60, and was receiving benefits pursuant to §8-22A-18 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: (1) One half of the annual compensation received by the deceased member during the last 12 full months of contributory service; or (2) 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.

(c) Benefits for a surviving spouse received under this section, or other sections of this article 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 on the member's covered employment.

## Nearby sections

- [W. Va. Code § 8-22A-1 §8-22A-1. Title.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C8_A22A_S1.md)
- [W. Va. Code § 8-22A-2 §8-22A-2. Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C8_A22A_S2.md)
- [W. Va. Code § 8-22A-3 §8-22A-3. Meaning of terms.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C8_A22A_S3.md)
- [W. Va. Code § 8-22A-4 §8-22A-4. Creation and administration of West Virginia Municipal Police Officers and Firefighters Retirement System; specification of actuarial assumptions.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C8_A22A_S4.md)
- [W. Va. Code § 8-22A-5 §8-22A-5. Article to be liberally construed; board to administer plan; federal qualification requirements.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C8_A22A_S5.md)
- [W. Va. Code § 8-22A-6 §8-22A-6. Members.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C8_A22A_S6.md)
- [W. Va. Code § 8-22A-7 §8-22A-7. Creation of fund; investments; actuarial valuations.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C8_A22A_S7.md)
- [W. Va. Code § 8-22A-8 §8-22A-8. Members' contributions; employer contributions.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C8_A22A_S8.md)
- [W. Va. Code § 8-22A-8A §8-22A-8a. Correction of errors; underpayments; overpayments.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C8_A22A_S8A.md)
- [W. Va. Code § 8-22A-9 §8-22A-9. Retirement; commencement of benefits; insurance requirements during early period.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C8_A22A_S9.md)
- [W. Va. Code § 8-22A-10 §8-22A-10. Federal law maximum benefit limitations.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C8_A22A_S10.md)
- [W. Va. Code § 8-22A-11 §8-22A-11. Federal law minimum required distributions.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C8_A22A_S11.md)
- [W. Va. Code § 8-22A-12 §8-22A-12. Direct rollovers.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C8_A22A_S12.md)
- [W. Va. Code § 8-22A-13 §8-22A-13. Rollovers and transfers to repay withdrawn contributions.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C8_A22A_S13.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WV_C8_A22A_S21. Check the current official text before relying on it. Not legal advice.