W. VA. EDUC. ASS'N v. CONSOL. PUB. RETIR. BD.

Nos. 22648 to 22651.

460 S.E.2d 747 (1995)

194 W.Va. 501

WEST VIRGINIA EDUCATION ASSOCIATION; Kayetta Meadows as President, et al., Appellees, v. The CONSOLIDATED PUBLIC RETIREMENT BOARD; Glen Gainer, II, Auditor, and Gaston Caperton, Governor, as Members of The Consolidated Public Retirement Board, Appellants, Keith Burdette, President of the State Senate, et al.; and Robert C. Chambers, Speaker of the House of Delegates, et al., Appellants. Eulah May FLEMING, a Member of Concerned Principals and Teachers' Association, etc., Appellee, v. Gaston CAPERTON, Governor, et al., Appellees. WEST VIRGINIA EDUCATION ASSOCIATION; Kayetta Meadows as President, et al., Appellees, v. The CONSOLIDATED PUBLIC RETIREMENT BOARD; Glen Gainer, II, Auditor, and Gaston Caperton, Governor, as Members of the Consolidated Public Retirement Board; Keith Burdette, President of the State Senate, et al.; and Robert C. Chambers, Speaker of the House of Delegates, et al., Appellants. Eulah May FLEMING, a Member of Concerned Principals and Teachers' Association, etc., Appellee, v. Gaston CAPERTON, Governor, et al., Appellees. WEST VIRGINIA EDUCATION ASSOCIATION; Kayetta Meadows as President, et al., Appellees, v. The CONSOLIDATED PUBLIC RETIREMENT BOARD; Gaston Caperton, Governor, as a Member of the Consolidated Public Retirement Board; Keith Burdette, President of the State Senate, et al.; and Robert C. Chambers, Speaker of the House of Delegates, et al., Appellees, Glen Gainer, Auditor, and as a Member of the Consolidated Public Retirement Board, Appellant. Eulah May FLEMING, a Member of Concerned Principals and Teachers' Association, etc., Appellee, v. Gaston CAPERTON, Governor, et al., Appellees. WEST VIRGINIA EDUCATION ASSOCIATION; Kayetta Meadows as President, et al., Appellees, v. Glen GAINER, II, Auditor, and Gaston Caperton, Governor, as Members of the Consolidated Public Retirement Board; Keith Burdette, President of the State Senate, et al.; and Robert C. Chambers, Speaker of the House of Delegates, et al., Appellees, The Consolidated Public Retirement Board, Appellant. Eulah May FLEMING, a Member of Concerned Principals and Teachers' Association, etc., Appellee, v. Gaston CAPERTON, Governor, et al., Appellees.

Supreme Court of Appeals of West Virginia.

Decided July 13, 1995.


Attorney(s) appearing for the Case

Webster J. Arceneaux, III, Charleston, for West Virginia Educ. Ass'n and Kayetta Meadows.

Kenneth E. Webb, Jr., Charleston, for The Consolidated Public Retirement Bd.

M.E. Mowery, Jennifer Walker, Charleston, for Keith Burdette and Robert C. Chambers.

Robert Bland, Charleston, for Eulah May Fleming.

Darrell V. McGraw, Jr., Atty. Gen., Silas B. Taylor, Sr. Deputy Atty. Gen., Charleston, for Glen Gainer, II, Auditor.

Jan L. Fox, Charleston, for Gaston Caperton, Governor.


RECHT, Justice:

I

INTRODUCTION

In 1989, the West Virginia Education Association, Kayetta Meadows, President of the West Virginia Education Association and an active teacher member of the Teachers Retirement System, Charles Moses, a retired member of the Teachers Retirement System, and Eulah Mae Fleming, a member of Concerned Principals and Teachers...

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