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STATE EX REL. DEPUTY SHERIFFS' ASS'N v. SIMS

No. 25212.

513 S.E.2d 669 (1998)

204 W.Va. 442

STATE of West Virginia ex rel. WEST VIRGINIA DEPUTY SHERIFFS' ASSOCIATION, INC., a West Virginia Corporation, Rodney A. Miller, Rick Woodyard, Pat Mull, K.C. Bohrer, David D. Gentry, Joseph C. Stiles, and Terry L. Miller, individually and as members of the Executive Board of the West Virginia Deputy Sheriffs' Association, Petitioners, v. James L. SIMS, Executive Secretary of the State of West Virginia Consolidated Public Retirement Board, David L. Wyant, Chairman; and the Honorable Cecil H. Underwood, Governor; Glen B. Gainer, III, Auditor; John D. Perdue, Treasurer; Joseph F. Markus, Cabinet Secretary; Carl A. Guthrie, Janet F. Wilson, James P. Quarles, Elizabeth Poundstone, Beatrice H. Gladwell and S.S. Satterfield, Members, Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 16, 1998.

Attorney(s) appearing for the Case

John F. Dascoli, Esq., Andrew J. Katz, Esq., The Segal Law Firm, Charleston, West Virginia, Attorneys for Petitioners.

John R. Fowler, Esq., James C. Stebbins, Esq., Huddleston, Bolen, Beatty, Porter & Copen, Charleston, West Virginia, Attorneys for Respondents.

STARCHER, Justice:

In the instant case, we permit the transfer of employee pension funds to the new Deputy Sheriffs' Retirement Fund.

I.

Facts and Background

On March 14, 1998 the West Virginia Legislature passed House Bill 2415 ("HB 2415"), creating a new retirement system for deputy sheriffs. Inter alia, HB 2415 enacted W.Va. Code, 7-14D-1 to 7-14D-30, the West Virginia Deputy Sheriff Retirement System Act ("the Act...

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