Legal Opinion · Dissent

West Virginia Consolidated Public Retirement Board v. Benny Jones

West Virginia Supreme Court

Decided June 11, 2014No. 13-0937Published

1DissentJustice Ketchum

The Retirement Board is equitably es-topped from denying Mr. Jones eligibility to participate in PERS.

When Mr. Jones began working for the Raleigh County Emergency Service Authority, he was accepted by PERS into their retirement system. PERS even wrote Mr. Jones and acknowledged that he had returned to the employment of a participating PERS employer. In addition, PERS accepted his monthly retirement contributions for over ten years. It was not until he vested for PERS retirement benefits that he was notified by PERS that he was ineligible.

*688There is no doubt that the Retirement Board is…

2Cases cited1 opinion

  1. Hudkins v. State Consolidated Public Retirement BoardWest Virginia Supreme Court · 2007

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