Nesselroad v. State Consolidated Public Retirement Board

The State of West Virginia Consolidated Public Retirement Board (“Board”) appeals from the September 25, 2008, order of the Circuit Court of Kanawha County which reversed the Board’s administrative decision denying Appellee Dr. Paul E. Nesselroad’s request to reclassify a portion of his higher education service years. The Board argues that the trial court’s decision to reclassify 6.592 of Dr. Nesselroad’s years of service credit as “full salary years” for purposes of calculating his annuity benefits was erroneous. Upon our review of this matter in connection with the record and applicable…