Cases

The circuit court presents the following Certified Question:

"Does the reelection of an incumbent, to a consecutive term of office, constitute reemployment under W. Va. Code §5-10-18(a), thereby making the incumbent eligible to reinstate forfeited PERS credit upon repayment of the amount withdrawn plus interest?"  Circuit Courts Answer: Yes.

ISSUE

Whether the circuit court erred in ruling that the reelection of an incumbent, to a consecutive term of office, constitutes reemployment under W.Va. Code §5-10-18(a), thereby making the incumbent eligible to reinstate forfeited PERS credit upon repayment of the amount withdrawn plus interest?