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AFSCME v. RICHARDSON

No. 19873.

400 S.E.2d 293 (1990)

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES/WEST VIRGINIA, West Virginia AFSCME Retirees, Ethyl M. Thomas Williams and Virginia Dotson v. Sally K. RICHARDSON, Director of the Public Employees Insurance Agency.

Supreme Court of Appeals of West Virginia.

December 13, 1990.

Attorney(s) appearing for the Case

James M. Haviland, Leah Griffin, McIntyre, Haviland & Jordan, Charleston, for AFSCME.

David P. Lambert, Sp. Asst. Atty. Gen., Public Employees Ins. Agency, Charleston, for Public Employees Ins. Agency.

WORKMAN, Justice:

This case involves a certified question that was jointly filed with this Court to resolve whether the Public Employees Insurance Agency ("PEIA") Director, pursuant to the West Virginia Public Employees Insurance Act ("the Act"), W.Va. Code §§ 5-16-1 to -27 (effective August 26, 1990), has the authority to enact and implement an increase in insurance premiums for retired state employees. The parties are in agreement that the issue is limited...

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