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BOOTH v. SIMS

No. 22464.

456 S.E.2d 167 (1994)

193 W.Va. 323

Stanley W. BOOTH, William D. Totten, Charles R. Martin and Gordon L. Clark, individually, Petitioners, v. James L. SIMS, as the Executive Secretary of the State of West Virginia Consolidated Public Retirement Board, Loretta K. Elder, David A. Haney, David A. Wyant, Toney Lautar, Jr., James H. Morton, Elizabeth Poundstone, S.S. Satterfield, Janet F. Wilson, all as Members of the West Virginia Consolidated Public Retirement Board, Chuck Polan, as Chairman of the West Virginia Consolidated Public Retirement Board, Glen Gainer, III, as Vice Chairman of the West Virginia Consolidated Public Retirement Board, and Governor Gaston Caperton and State Treasurer Larrie Bailey, both as Ex Officio Members of the West Virginia Consolidated Public Retirement Board, Respondents.

Supreme Court of Appeals of West Virginia.

Decided December 15, 1994.

Concurring and Dissenting Opinion of Justice Miller December 20, 1994.

Filed As Modified March 24, 1995.

Attorney(s) appearing for the Case

Mark A. Sorsaia, Turley, Sorsaia & Garvin, Winfield, for petitioners.

Robert M. Nunley, Sr. Asst. Atty. Gen., Charleston, for respondents.

NEELY, Chief Justice:

This mandamus proceeding presents the question whether certain 1994 amendments to our State's public safety pension plan impair the obligations of contract under art. III, § 4 of the West Virginia Constitution. We granted a rule to show cause to set the law in clear and unambiguous terms concerning the pension rights of thousands of West Virginia public employees who have given their lives...

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