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LEE v. W.V.A. TEACHERS RETIREMENT BD.

No. 19939.

413 S.E.2d 96 (1991)

Betty L. LEE, Petitioner Below, Appellee, v. WEST VIRGINIA TEACHERS RETIREMENT BOARD; William M. Ansel, as Executive Secretary Thereof; Gaston Caperton, Governor of West Virginia, as Ex Official Chairman of Said Board; Henry R. Marockie, Charles Polan, Thomas E. Loehr, Hanley Clark, William Marockie, Ruth M. Hurt, Joann Beer, Billie Davis, and C.C. Albaugh, as Members Thereof, Respondents Below, Appellants. Clarence E. BURDETTE, Petitioner Below, Appellee, v. WEST VIRGINIA TEACHERS RETIREMENT BOARD, et al., Respondents Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided December 11, 1991.

Attorney(s) appearing for the Case

John O. Kizer, Charleston, for petitioners below, appellees.

James A. Swart, Sr. Asst. Atty. Gen., Charleston, for respondents below, appellants.

PER CURIAM:

This is an appeal by the West Virginia Teachers Retirement Board from orders of the Circuit Court of Kanawha County entered on July 24, 1990, which required the appellants to allow the appellees, Betty J. Lee and Clarence E. Burdette, retroactive participation in an Early Retirement Incentive Program. The appellant contends that the appellee did not comply with the requirements of participation in the program and should not be permitted to benefit therefrom...

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