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WEST VIRGINIA CONSOLIDATED PUBLIC v. CLARK

No. 20-0350.

859 S.E.2d 453 (2021)

WEST VIRGINIA CONSOLIDATED PUBLIC RETIREMENT BOARD, Respondent Below, Petitioner, v. Robert CLARK, et al., Petitioners Below, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: June 14, 2021.

Attorney(s) appearing for the Case

Ronda L. Harvey, Esq. , Bowles Rice LLP, Charleston, West Virginia, Counsel for Petitioner.

Lonnie C. Simmons, Esq. , DiPiero Simmons McGinley & Bastress, PLLC, Charleston, West Virginia, Counsel for Respondents.

Since 1996, the West Virginia Division of Natural Resources (DNR) has paid Natural Resources Police Officers a "subsistence allowance" to cover their phone service, dry cleaning, and meals. Beginning in 1997, DNR reported those payments to the Consolidated Public Retirement Board (the Board) as part of the officers' "compensation...

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