West Virginia Consolidated Public Retirement Board v. Weaver

DAVIS, Justice.1

The appellant herein and respondent below, Jerry Allen Weaver (hereinafter “Mr. Weaver”), appeals from an order entered July 23, 2007, by the Circuit Court of Kana-wha County. By that order, the circuit court determined that Mr. Weaver, who is a retiree of the West Virginia Public Employees Retirement System (hereinafter “PERS”), had forfeited his right to receive benefits therefrom because he had rendered “less than honorable service” in violation of W. Va.Code § 5-10A-1 (1976) (Repl.Vol.2006) and W. Va. Code § 5-10A-2(e)(2) (2005) (Repl.Vol.2006). *671Specifically, the circuit…