Board of Trustees of Firemen's Pension v. City of Fairmont

599 S.E.2d 789, 215 W. Va. 366, 2004 W. Va. LEXIS 43
CourtWest Virginia Supreme Court
DecidedJune 2, 2004
DocketNo. 31593
StatusPublished
Cited by2 cases

This text of 599 S.E.2d 789 (Board of Trustees of Firemen's Pension v. City of Fairmont) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Trustees of Firemen's Pension v. City of Fairmont, 599 S.E.2d 789, 215 W. Va. 366, 2004 W. Va. LEXIS 43 (W. Va. 2004).

Opinion

MAYNARD, Chief Justice:

The Board of Trustees of Firemen’s Pension and Relief Fund of the City of Fairmont, West Virginia, Appellant, appeals the December 5, 2002, order of the Circuit Court of Marion County finding that, under W.Va. Code § 8-22-26a(a) (1991), the supplemental pension benefit provided therein is to be calculated on the amount of $15,000 each year instead of $15,000 plus accumulated supplemental pension benefits from previous years. For the following reasons, we reverse and remand.

I.

FACTS

Appellant Board of Trustees of Firemen’s Pension and Relief Fund of the City of Fair-mont (hereafter “the Board”),1 directed Eileen Layman, Appellee, Finance Director of the City of Fairmont,2 Appellee, to calculate the July 1, 2001, supplemental pension benefit, authorized by W.Va.Code § 8-22-26a(a) (1991) to be paid to retired firemen or their surviving beneficiaries, on the first $15,000 of the total annual benefit paid plus accumulated supplemental benefits which have been added to the $15,000 from previous years. In other words, the Board called for compounding the supplemental benefits on the statute’s allowable amount of $15,000.3 The Board’s position was based on the conclusion of EFI Actuaries — EFI Asset/Liability Management Services, Inc. which was hired by the Board to prepare an actuarial valuation of the firemen’s pension and relief fund.4

Ms. Layman initially complied with the Board’s directive. However, after discovering that the police pensioners’ supplemental pension benefit was calculated on the first $15,000 of benefits paid without the use of a compounding factor, she ceased to compound the calculation of the firemen’s supplemental pension benefit.5

The Secretary of the Board subsequently ordered Ms. Layman to recalculate the supplemental benefits and to reimburse all qualified pensioners the pay lost by not compounding. Ms. Layman and Appellee Bruce McDaniel, the City Manager of Fairmont, [369]*369refused to follow the Board’s directive absent the filing of a declaratory action.

The Board subsequently filed a declaratory judgment action in the Circuit Court of Marion County, and Appellees counterclaimed. By order of December 5, 2002, the circuit court granted the City’s counterclaim for declaratory judgment, finding, inter alia, that W.Va.Code § 8-22-26a(a) clearly and unambiguously declares that the amount of the supplemental benefit is to be calculated on the amount of $15,000 and not calculated on a cumulative amount. The Board now appeals this order.

II.

STANDARD OF REVIEW

Because this ease concerns a circuit court’s declaratory judgment and the proper interpretation of a statute, this Court’s review is de novo. See Syllabus Point 3, Cox v. Amick, 195 W.Va. 608, 466 S.E.2d 459 (1995) (“A circuit court’s entry of a declaratory judgment is reviewed de novo.”); see also Syllabus Point 1, in part, State v. Head, 198 W.Va. 298, 480 S.E.2d 507 (1996) (“questions of law and interpretations of statutes ... are subject to de novo review.”).

III.

DISCUSSION

In W.Va.Code §§ 8-22-16 to 8-22-28, the Legislature created and provided for police and firemen’s pension and relief funds.6 The statute at issue, W.Va.Code § 8-22-26a(a) (1991), concerning the calculation of a supplemental pension benefit, provides:

Except as otherwise provided in this section, all retirees, surviving beneficiaries, disability pensioners or future retirees shall receive as a supplemental pension benefit an annualized monthly amount commencing on the first day of July, based on a percentage increase equal to any increase in the consumer price index as calculated by the United States Department of Labor, Bureau of Statistics,7 for the preceding year: Provided, That the supplemental pension benefit specified herein shall not exceed four percent per year: Provided, however, That no retiree shall be eligible for the supplemental pension benefit specified herein until the first day of July after the expiration of two years from the date of retirement of said retiree: Provided further, That persons retiring prior to the effective date of this section shall receive the supplemental benefit provided for in this section immediately upon retirement and shall not be subject to the two year delay: And provided further, That the supplemental benefit shall only be calculated on the allowable amount, which is the first fifteen thousand dollars of the total annual benefit paid. If at any time, after the supplemental benefit becomes applicable, the total accumulated percentage increase in benefit on the allowable amount becomes less than seventy-five percent of the total accumulated percentage increase in the consumer price index over that same period of time, the four percent limitation shall be inapplicable until such time as the supplemental benefit paid equals seventy-[370]*370five percent of the accumulated increase in the consumer price index. The supplemental pension benefit payable under the provisions of this section shall be paid in equal monthly installments.

Id. (Footnote added.). The specific language at issue herein is “the supplemental benefit shall only be calculated on the allowable amount, which is the first fifteen thousand dollars of the total annual benefit paid.” As noted above, according to the Board, the allowable amount is $15,000 plus accumulated supplemental benefits from prior years. Ap-pellees, on the other hand, say that the allowable amount is only $15,000 each year.

At the outset, this Court is mindful that “[w]here the language of a statute is clear and without ambiguity the plain meaning is to be accepted without resorting to the rules of interpretation.” Syllabus Point 2, State v. Elder, 152 W.Va. 571, 165 S.E.2d 108 (1968). A statute is ambiguous when it is “susceptible of two or more constructions or of such doubtful or obscure meaning that reasonable minds might be uncertain or disagree as to its meaning.” Hereford v. Meck, 132 W.Va. 373, 386, 52 S.E.2d 740, 747 (1949). We also have described the term “ambiguity” as,

connoting doubtfulness, doubleness of meaning or indistinctness or uncertainty of an expression used in a written instrument. It has been declared that courts may not find ambiguity in statutory language which laymen are readily able to comprehend; nor is it permissible to create an obscurity or uncertainty in a statute by reading in an additional word or words.

Crockett v. Andrews, 153 W.Va. 714, 718-19, 172 S.E.2d 384, 387 (1970). Therefore, we initially must determine whether the language at issue is ambiguous.

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599 S.E.2d 789, 215 W. Va. 366, 2004 W. Va. LEXIS 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-trustees-of-firemens-pension-v-city-of-fairmont-wva-2004.