BLAND v. STATE

Nos. 11-0746, 11-0747, 11-1146.

737 S.E.2d 291 (2012)

Dawn Colette BLAND and Autumn Nicole Bland, Wife and Infant Daughter of Douglas Wayne Bland; Trooper Robert Joseph Elswick; Trooper Michael David Lynch; Trooper Timothy Lane Bragg; Trooper Christopher Lee Casto; Trooper Shawn Michael Coleman; Trooper Jeffrey Lealton Cooper; Trooper Brad Lee Mankins; Trooper Christopher Adam Parsons; Trooper Roger Dale Boone; Trooper Steven P. Owens; and Trooper Adam Wilson Scott, and all others similarly situated, Plaintiffs Below, Petitioners v. STATE of West Virginia; West Virginia State Police Retirement System; West Virginia Consolidated Public Retirement Board, a West Virginia State Agency and Public Corporate Body; West Virginia Public Employees Retirement System, a West Virginia State Agency and Public Corporate Body; Terasa L. Miller, Acting Executive Director of West Virginia Consolidated Public Retirement Board; and West Virginia State Police, a West Virginia State Agency and Public Corporate Body, Defendants Below, Respondents. Dawn Colette Bland and Autumn Nicole Bland, Wife and Infant Daughter of Douglas Wayne Bland; Trooper Robert Joseph Elswick; Trooper Michael David Lynch; Trooper Timothy Lane Bragg; Trooper Christopher Lee Casto; Trooper Shawn Michael Coleman; Trooper Jeffrey Lealton Cooper; Trooper Brad Lee Mankins; Trooper Christopher Adam Parsons; Trooper Roger Dale Boone; Trooper Steven P. Owens; and Trooper Adam Wilson Scott, and all others similarly Situated, Plaintiffs Below, Petitioners v. West Virginia State Police, Defendant Below, Respondent. Dawn Colette Bland and Autumn Nicole Bland, Wife and Infant Daughter of Douglas Wayne Bland; Trooper Robert Joseph Elswick; Trooper Michael David Lynch; Trooper Timothy Lane Bragg; Trooper Christopher Lee Casto; Trooper Jeffrey Lealton Cooper; Trooper Brad Lee Mankins; Trooper Roger Dale Boone; Trooper Steven P. Owens; and Trooper Adam Wilson Scott, Plaintiffs Below, Petitioners v. State of West Virginia; West Virginia State Police Retirement System; West Virginia Consolidated Public Retirement Board, A West Virginia State Agency and Public Corporate Body; West Virginia Public Employees Retirement System, A West Virginia State Agency and Public Corporate Body; Terasa L. Miller, Acting Executive Director of West Virginia Consolidated Public Retirement Board; and West Virginia State Police, A West Virginia State Agency and Public Corporate Body, Defendants Below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 21, 2012.


Attorney(s) appearing for the Case

Marvin W. Masters, Esq. , The Masters Law Firm LC, Charleston, WV, for Petitioners.

Thomas S. Sweeney, Esq. , E. Taylor George, Esq. , MacCorkle Lavender & Sweeney, Charleston, WV, for Respondents State of West Virginia, West Virginia State Police Retirement System, West Virginia Consolidated Public Retirement Board, West Virginia Public Employees Retirement System, and Terasa L. Miller.

Wendy E. Greve, Esq. , Gary E. Pullin, Esq. , Pullin, Fowler, Flanagan, Brown & Poe, PLLC, Charleston, WV, for Respondent West Virginia State Police.


PER CURIAM:

On appeal before this Court are consolidated appeals of three separate final orders of the Circuit Court of Kanawha County.

In case number 11-0476, the petitioners, who are state troopers or their survivors, appeal the March 30, 2011, order of the Circuit Court of Kanawha County that dismissed with prejudice the petitioners' complaint alleging they were placed in the wrong retirement plan against Respondents West Virginia Consolidated Public Retirement...

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