West Virginia Code Chapter 51. Courts and Their Officers § 51-9-13. Disqualification for pay and benefits

No judge of a court of record of this State, who has become physically incapacitated to perform the duties of his office as judge and who has remained so for one year without making application for retirement and submitting his resignation as provided in section eight hereof, shall be entitled to retirement pay or retirement benefits under the provisions of any section of this article.