West Virginia Consolidated Public Retirement Board v. Benny Jones ( 2014 )

No. 13-0937 – WV Consolidated Public Retirement Board v. Benny Jones
FILED
June 11, 2014
released at 3:00 p.m.
RORY L. PERRY II, CLERK
SUPREME COURT OF APPEALS
OF WEST VIRGINIA
Justice Ketchum, dissenting:
The Retirement Board is equitably estopped 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.
There is no doubt that the Retirement Board is equitably estopped from
denying Mr. Jones benefits under the factors set out in Hudkins v. Public Retirement Bd.,
220 W.Va. 275, 647 S.E.2d 711 (2007). The Board informed Mr. Jones, in writing, that
he was working for a participating employer and accepted his contributions until he
became vested and, only then, declared him ineligible for benefits.
Therefore, I dissent.
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