Before you retire
If an active member who is at least 50 with at least 25 years of service dies, a surviving spouse named as sole (primary refund) beneficiary receives a lifetime annuity as if the member had retired under the 100% Joint & Survivor option. Otherwise the refund beneficiary receives the member's accumulated contributions plus an amount equal to the member contributions (paid from the employer fund). W. Va. Code §18-7A-23(b); 162 CSR 4 § 7.1, p. 8; West Virginia TRS Tier I brochure (2023), p. 1, Death Prior to Retirement
| Member | Beneficiary gets |
|---|---|
| Age 52, 26 years$98,000 contributions with interest; $80,000 paid in | Spouse: a lifetime 100% Joint & Survivor benefit |
| Age 47, 22 years$70,000 contributions with interest; $58,000 paid in | $128,000$70,000 + $58,000 |
Our engine on the law's rule. The spouse benefit applies only if the spouse is the sole beneficiary. W. Va. Code §18-7A-23(b); 162 CSR 4 § 7.1, p. 8; West Virginia TRS Tier I brochure (2023), p. 1, Death Prior to Retirement
The brochures say that if the 50/25 spouse test isn't met 'all funds are paid to the designated beneficiary(ies)'. The statute specifies the accumulated contributions plus an amount equal to the member contributions. We follow the statute.
West Virginia TRS Tier I brochure (2023), p. 1; W. Va. Code §18-7A-23(b)(2)
After you retire
Survivor income after retirement depends on the option chosen (100% or 50% Joint & Survivor, or the rest of 120 payments). When all benefits end, any accumulated contributions not yet paid out in benefits go to the named beneficiary or estate. West Virginia TRS Tier I brochure (2023), p. 1; W. Va. Code §18-7A-23a
- If you die while working at 50 or older with 25 years of service, your spouse (named as sole beneficiary) gets a lifetime benefit as if you'd retired under the 100% Joint & Survivor option.W. Va. Code §18-7A-23(b)(1); 162 CSR 4 § 7.1, p. 8; West Virginia TRS Tier I brochure (2023), p. 1
- Otherwise your beneficiary gets your contributions with interest plus an equal amount of your member contributions.W. Va. Code §18-7A-23(b)(2)
- After retirement, if you and any survivor die before your own contributions have been paid back in benefits, the rest goes to your beneficiary or estate.West Virginia TRS Tier I brochure (2023), p. 1; W. Va. Code §18-7A-23a
Compare the options on payment options.
If you leave before retiring and take a refund, these benefits end; see leaving teaching.
Disability retirement
Disability retirement needs 10 years of service (5 if the disability is a direct and total result of student violence), termination because of the disability, 6 months' absence, and Board approval after a medical examination. Medical recertification for 5 years. W. Va. Code §18-7A-25(e), (f); West Virginia TRS Tier I brochure (2023), p. 1, Disability Retirement
Questions
What does my spouse get if I die before I retire from West Virginia TRS?
If you're at least 50 with 25 or more years and your spouse is your sole beneficiary, your spouse gets a lifetime benefit as if you had retired under the 100% Joint & Survivor option. Otherwise your beneficiary gets your contributions with interest plus an equal amount.
What happens after I retire?
It depends on the payment option you chose. If everyone entitled to payments dies before your own contributions have been paid back, the rest goes to your beneficiary or estate.
Source: West Virginia TRS Tier I brochure (CPRB), September 2023, p. 1. Also: West Virginia TRS Tier II brochure (2023); W. Va. Code §§ 18-7A-23, 18-7A-23a, 18-7A-25; CPRB rule 162 CSR 4. Last reviewed .