State ex rel. W. Va. Consol. Pub. Ret. Bd. v. Hon. David W. Nibert (Signed Opinion)
Annotate this CaseIn 1996, the Mason County Board of Education and Michael Whalen, the then-superintendent of schools, entered into a settlement agreement in which Whalen agreed to forego the final year of his superintendent contract in exchange for a lump sum payment of $60,000. Whalen retired in 1997. In 1998, the West Virginia Consolidated Public Retirement Board, as administrator of the West Virginia Public Employees Retirement System, ruled that a $60,000 payment received by Whalen did not constitute “salary” and therefore would not be included when calculating his retirement annuity benefit. In 2001, Whalen filed a complaint in the circuit court that was, in essence, an appeal of the Retirement Board’s 1998 final order. The circuit court granted summary judgment for Whalen. The Retirement Board then filed this complaint seeking a writ of prohibition. The Supreme Court granted the writ, holding that Whalen’s appeal was not filed within the thirty-day period specified in W. Va. Code 29A-5-4(bb), and therefore, the circuit court exceeded its jurisdiction in ruling that Whalen’s appeal was timely.
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