F. Morton Wagoner v. Glen B. Gainer
WV.210 , 279 S.E.2d 636, Va. 139 (1981)(167 W)
Supreme Court of Appeals of West Virginia
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1. Constitutional Law -- Judges -- Pension Fund The West Virginia Retirement System for Judges creates contractually vested property rights for retired and active participating plan members, and these rights are enforceable and cannot be impaired or diminished by the State. 2. Constitutional Law -- Judges -- Pension Fund W.Va. Code § 51-9-6c (1981 Replacement Vol.) is, by virtue of article I, section 10 of the United States Constitution, inapplicable to all retired and active members of the Retirement System for Judges who were participating in the system at the time of the Code provision's effective date.