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SMITH v. STATE CONSOL. PUBLIC RETIREMENT BD.

No. 33502.

664 S.E.2d 686 (2008)

William R. SMITH Petitioner v. STATE of West Virginia CONSOLIDATED PUBLIC RETIREMENT BOARD, Respondent.

Supreme Court of Appeals of West Virginia.

Decided May 30, 2008.

Dissenting Opinion of Justice Albright June 17, 2008.

Attorney(s) appearing for the Case

Glenn P. Hare, Esq., Steptoe & Johnson, Martinsburg, West Virginia and Amy M. Smith, Esq., Steptoe & Johnson, Clarksburg, WV, for Petitioner.

Erica M. Mani, Esq., Lenna R. Chambers, Esq., Bowles Rice McDavid Graff & Love, Charleston, WV, for Respondent.

MAYNARD, Chief Justice.

In this Case, this Court answers the following question certified by the Circuit Court of Berkeley County:

Does the reelection of an incumbent, to a consecutive term of office, constitute reemployment under W.Va.Code § 5-10-18(a), thereby making the incumbent eligible to reinstate forfeited PERS credit upon repayment of the amount withdrawn plus interest? The circuit court answered the question in the affirmative. For...

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