In re an Appeal or Judicial Review of the Decision of the West Virginia Consolidated Public Retirement Board

McHUGH, Chief Justice:

In this appeal, the West Virginia Consolidated Retirement Board (hereinafter “the Board”), which administers the Public Employees Retirement System (hereinafter “PERS”),1 appeals an order entered in the Circuit Court of Randolph County in which respondent James F. Cain was awarded an additional year of service credit under PERS for fifteen and one-half months of temporary employment. This Court has before it the petition for appeal, all matters of record and the briefs and arguments of counsel. For the reasons discussed below, the order of the circuit court is reversed.

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