West Virginia Code Chapter 8. Municipal Corporations § 8-22-3. Definitions

(a) “Prior service credit” shall mean the number of years that the member has been in the service of the city prior to the effective date of the employees retirement and benefit fund;

(b) “Earned service credit” shall mean the number of years that the member has contributed to the employees retirement and benefit fund;

(c) “Total service credit” shall mean the total of all prior service credit and all earned service credit;

(d) “Fund” shall mean the employees retirement and benefit fund;

(e) “Board” shall mean the board of trustees of the fund;

(f) “Member” shall mean an eligible employee of the city, who is a member of the fund;

(g) “Total disability in line of duty” shall mean total and permanent disablement from performing any work for pay, whether for the city by which employed at date of disability or other employer, which shall be caused by accidental injury sustained in the course of the operations usual to his employment and while in line of duty, and shall include all operations necessary, incident or appurtenant thereto, or connected therewith, whether such operations are conducted at the usual place of employment or elsewhere in connection with or in relation to his usual and customary employment;

(h) “Total disability not in line of duty” shall mean total and permanent disablement from performing any work for pay, whether for the city by which employed at date of disability or other employer, from any cause other than that set forth in subdivision (g) of this section;

(i) The term “actuarial equivalent” shall mean any annuity of equal value to the accumulated contributions, annuity or benefit when computed upon the basis of the actuarial tables in use by the fund;

(j) “Monthly salary” shall mean the amount earned each month by a member as an employee of the city: Provided, That to and including June thirty, one thousand nine hundred sixty-seven, the maximum amount of salary to be considered hereunder for purposes of contributions and in the computation of benefits shall be four hundred dollars per month; and

(k) “Average salary” shall mean the highest annual average salary earned by a member during a period of five consecutive years within the total service of the member, subject to a maximum amount of four hundred dollars per month to and including June thirty, one thousand nine hundred sixty-seven, and no such maximum amount after such date, but effective the first day of January, one thousand nine hundred eighty-seven, a city may provide that average salary be based on a three consecutive year period.