Curry v. W. Va. Consol. Pub. Ret. Bd. (Signed Opinion)
Annotate this CasePetitioner served as general counsel to the West Virginia Department of Agriculture (WVDA) for approximately twenty-five years. The WVDA submitted employer and employee contributions to the Public Employees Retirement System (“PERS”) on Petitioner’s behalf for twenty-one years. In 2013, the the West Virginia Consolidated Public Retirement Board (“Board”) notified Petitioner that he was not eligible to participate in PERS because he was not a full-time employee. The Board subsequently entered a final order denying Petitioner’s request to participate in PERS on the grounds that he was not a full-time employee. The circuit court affirmed the Board’s final order. The Supreme Court affirmed, holding that Petitioner was statutorily prohibited from participating in PERS because he never worked more than approximately three hundred hours in any one year.
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