(Download) "West Virginia Public Employees Retirement" by Supreme Court of Appeals of West Virginia # eBook PDF Kindle ePub Free
eBook details
- Title: West Virginia Public Employees Retirement
- Author : Supreme Court of Appeals of West Virginia
- Release Date : January 20, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 79 KB
Description
1. At common law, as under W.Va. Code, 5-10A-1 to 5-10A-10 [1976], a public officer's or public employee's service must be
honorable at all times, and if not, there is a total forfeiture of the public pension. 2. "In considering the constitutionality of a legislative enactment, courts must exercise due restraint, in recognition of
the principle of the separation of powers in government among the judicial, legislative and executive branches. [W.Va. Const.
art. V, § 1.] Every reasonable construction must be resorted to by the courts in order to sustain constitutionality,
and any reasonable doubt must be resolved in favor of the constitutionality of the legislative enactment in question. Courts
are not concerned with questions relating to legislative policy. The general powers of the legislature, within constitutional
limits, are almost plenary. In considering the constitutionality of an act of the legislature, the negation of legislative
power must appear beyond reasonable doubt." Syl. pt. 1, State ex rel. Appalachian Power Co. v. Gainer, 149 W.Va. 740, 143
S.E.2d 351 (1965).
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