W. Va. Code R. § 162-2-4

Current through Register Vol. XLI, No. 24, June 14, 2024
Section 162-2-4 - Initial Determination
4.1. The Executive Director of the Board or his or her designee, and two staff members appointed by the Executive Director, constitute the Staff Review Committee. The Staff Review Committee shall review all reports and other evidence from all sources and shall make a recommendation consistent with the evidence, the applicable Laws and Rules and the purpose of the individual retirement system to the Board Review Committee, comprised of at least three Board members and appointed by the Board. Based on information submitted by the Board Review Committee, the full Board shall then consider the recommendations of the Board Review Committee and is free to make any finding consistent with the facts. If the applicant is not granted disability retirement benefits, the Board shall inform the applicant in writing of its decision and the basis for the decision. The notification shall state, with specificity, the action which the applicant may take to pursue an administrative appeal of the Board's denial of the disability application.
4.2. Following Board approval of a disability retirement, an applicant of a defined benefit retirement system shall submit all required forms to the Board within six (6) months to commence his or her disability retirement annuity. If the applicant fails to meet this requirement, the disability award terminates and the member shall file a new application for disability retirement. All medical examination costs associated with the new application process are the sole responsibility of the member.

W. Va. Code R. § 162-2-4