Myers v. West Virginia Consolidated Public Retirement Board

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. Because the Circuit Court of Kanawha *743County, West Virginia, erroneously interpreted this Court’s prior precedent concerning the presumption of detrimental reliance…