STATE EX REL. DADISMAN v. CAPERTON

No. 20419.

413 S.E.2d 684 (1991)

STATE ex rel. Ira DADISMAN, Chairman of the Public Employees Retirement System Association, Inc., Heretofore an Employee of the State of West Virginia, and the West Virginia Association of County Officials, Petitioners/Relators, v. W. Gaston CAPERTON, as Governor; Keith Burdette, as President of the State Senate, for and on Behalf of Himself and the Other Members of the State Senate; Robert C. Chambers, as Speaker of the House of Delegates, for and on Behalf of Himself and the Other Members of the House of Delegates; Charles Polan, as Secretary of Administration, as Director of the Budget and as a Member and Chairman of the Consolidated Public Retirement Board; David A. Haney, as a Member of the Consolidated Public Retirement Board; David L. Wyant, as a Member of the Consolidated Public Retirement Board; James H. Morton, as a Member of the Consolidated Public Retirement Board; Elizabeth Poundstone, as a Member of the Consolidated Public Retirement Board; Tony Lautar, Jr., as a Member of the Consolidated Public Retirement Board; S.S. Satterfield, as a Member of the Consolidated Public Retirement Board; Janet F. Wilson, as a Member of the Consolidated Public Retirement Board; Glen B. Gainer, Jr., as a Member of the Consolidated Public Retirement Board; and Daniel N. Huck, as a Member of the Consolidated Public Retirement Board, Respondents.

Supreme Court of Appeals of West Virginia.

Decided December 17, 1991.

Rehearing Denied February 13, 1992.


Attorney(s) appearing for the Case

Jennifer F. Bailey, Hamb, Poffenbarger & Bailey, Charleston, for petitioners/relators.

Mario J. Palumbo, Atty. Gen., Silas B. Taylor, Sr. Deputy Atty. Gen., Charleston, for respondents.


McHUGH, Justice:

The two primary issues in this case invoking the original jurisdiction of this Court are: (1) whether there has been compliance with the particular mandate of this Court set forth in Dadisman v. Moore, 181 W.Va. 779, 384 S.E.2d 816 (1989), as modified on reh'g, concerning the underfunding of state employer contributions to the then state division of the...

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