West Virginia Statutes
§ 5-10B-10 — Deferred compensation plan funds held in trust
West Virginia·Ch. 5 GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC·Art. 10B GOVERNMENT EMPLOYEES DEFERRED COMPENSATION PLANS
(a)Notwithstanding anything herein to the contrary, as of January 1, 1998, all assets and income of all deferred compensation plans created or administered pursuant to this article shall be held in trust for the exclusive benefit of participants and their beneficiaries.
(b)The West Virginia Deferred Compensation Trust Fund is created within the accounts held by the Treasurer or with one or more financial institutions, vendors or any other entities selected by the Treasurer for the purpose of managing and investing the trust. A public employer managing a trust shall create a trust fund and select one or more financial institutions, vendors or other entities to hold the trust.
(c)The corpus, assets and earnings of the trust do not constitute public funds of the state or public employer
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Legislative History
2006 Reg. Sess., SB538; 1998 Reg. Sess., HB4227