W. Va. Code » §5-10-5. Board of trustees created; powers and duties generally; composition.
West Virginia Code

W. Va. Code § 5-10-5 (2026)

Board of trustees created; powers and duties generally; composition

✓ current as of May 2026
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ARTICLE 10. WEST VIRGINIA PUBLIC EMPLOYEES RETIREMENT ACT.

§5-10-5. Board of trustees created; powers and duties generally; composition.

The board of trustees of the West Virginia Public Employees Retirement System is hereby continued. The administration and management of the retirement system, the responsibility for making effective the provisions of this article, and the authority to make all rules and regulations therefor are hereby vested in the said board of trustees through June 30, 1991, and thereafter in the Consolidated Public Retirement Board created by article ten-d of this chapter and except as otherwise specifically provided in this article. The board shall consist of five trustees, as follows:

(a) The Auditor of the state, by virtue of his office;

(b) The treasurer of the state, by virtue of his office;

(c) The commissioner of finance and administration, by virtue of his office;

(d) A resident of the state, who is not a member, retirant or beneficiary of the retirement system, to be appointed by the Governor, by and with the advice and consent of the Senate;

(e) One member of the retirement system, who is an employee of a participating public employer other than the State of West Virginia, to be appointed by the Governor, by and with the advice and consent of the Senate.

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1984–2021 · leading case: Dadisman v. Moore, 384 S.E.2d 816 (W. Va. 1989).
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Dadisman v. Moore, 384 S.E.2d 816 (W. Va. 1989). · cites it 6× “Code § 5-10-29. The Trustees are also involved in determining the amounts participating employers are required to contribute to the employers accumulation fund (EAF) in order to match the employees’ contributions and ensure the actuarial soundness of the System, up to a…”
In Re Dostert, 324 S.E.2d 402 (W. Va. 1984). · cites it 4× “See West Virginia Code §§ 5-10-5 — 7 (1979 Replacement Vol.). In addition, the Governor is charged with transmittal to the Legislature of an annual report on fiscal affairs and transactions of the public employees retirement system prepared by the board of trustees of the public…”
DePond v. Gainer, 351 S.E.2d 358 (W. Va. 1986). · cites it 2× “See West Virginia Code § 5-10-5 (1979 Replacement Vol.). The membership of the Department of Public Safety Retirement Board, granted the power to "make rules and regulations .”
Arden J. Curry, II v. W. Va. Consol. Pub. Ret. Bd., 778 S.E.2d 637 (W. Va. 2015). “” The Legislature, pursuant to West Virginia Code § 5-10-5 (2013), granted the. Board “authority to make all rules and regulations” necessary to effectuate PERS.”
Flanigan v. West Virginia Pub. Employees' Ret. Sys., 342 S.E.2d 414 (W. Va. 1986). “See West Virginia Code § 5-10-5 (1979 Replacement Vol.). .See West Virginia Code § 18-7A-1, et seq.”
West Virginia Consol. Pub. Ret. Bd. v. Robert Clark (W. Va. 2021). · cites it 4× “49 W. Va. Code §§ 5-10-5 (1990) and 5-10D-1 (2020).”
West Virginia Consol. Pub. Ret. Bd. v. Robert Clark (W. Va. 2021). · cites it 4× “49 W. Va. Code §§ 5-10-5 (1990) and 5-10D-1 (2020).”
Flanigan v. W. Va. Pub. Employees'ret. Syst., 342 S.E.2d 414 (W. Va. 1986). “[2] See West Virginia Code § 5-10-5 (1979 Replacement Vol.). [3] See West Virginia Code § 18-7A-1, et seq.”
— W. Va. Code § 5-10-5(a) — 1 case
In Re Dostert, 324 S.E.2d 402 (W. Va. 1984). “See West Virginia Code §§ 5-10-5 — 7 (1979 Replacement Vol.). In addition, the Governor is charged with transmittal to the Legislature of an annual report on fiscal affairs and transactions of the public employees retirement system prepared by the board of trustees of the public…”
— W. Va. Code § 5-10-5(b) — 1 case
In Re Dostert, 324 S.E.2d 402 (W. Va. 1984). “See West Virginia Code §§ 5-10-5 — 7 (1979 Replacement Vol.). In addition, the Governor is charged with transmittal to the Legislature of an annual report on fiscal affairs and transactions of the public employees retirement system prepared by the board of trustees of the public…”
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