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MYERS v. WV. CONSOL. PUBLIC RETIREMENT BD.

Nos. 35470, 35507.

704 S.E.2d 738 (2010)

Rodney A. MYERS and Diane M. Myers, Petitioners Below, Appellees v. WEST VIRGINIA CONSOLIDATED PUBLIC RETIREMENT BOARD, Respondent Below, Appellant Richard H. Burton, Petitioner Below, Appellee v. West Virginia Consolidated Public Retirement Board, Respondent Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided November 22, 2010.

Attorney(s) appearing for the Case

Lenna R. Chambers, Esq. , Bowles Rice McDavid Graff & Love LLP, Charleston, WV, for Appellant West Virginia Consolidated Public Retirement Board.

G. Thomas Smith, Esq. , Kristen D. Antolini, Esq. , Smith, McMunn & Glover, PLLC, Clarksburg, WV, for Appellees Rodney A. Myers and Diane M. Myers.

John J. Polak, Esq. , Atkinson & Polak, PLLC, Charleston, WV, for Appellee Richard H. Burton.

PER CURIAM:

In this consolidated appeal,1 the West Virginia Consolidated Public Retirement Board ("the Board") contends that the two circuit courts below erred in finding that the two Appellees, each former West Virginia State employees and members of the Public Employee Retirement System ("PERS"), are entitled to include the amount of their lump sum payments for unused annual leave time in the calculation of their final average salaries...

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