Dadisman v. Moore

In Dadisman v. Moore, 181 W.Va. 779, 384 S.E.2d 816 (1988), a retired public employee sought a writ of mandamus to ensure the proper funding of PERS and to obtain directives requiring the expedient-imposition of fiscally sound management practices. In discussing the underfunding of PERS in Dadisman I, this Court declared that "the amount of employer contributions earned by State employees which have been wrongfully withheld or diverted over the past four years is a public debt, which must be repaid." Id. at 792, 384 S.E.2d at 829. Recognizing the folly of borrowing from the PERS trust for the "purposes of political expediency," the Court rejected that practice as placing an assured and unwise "heavy tax burden on posterity." Ibid. In moulding relief for the misappropriations at issue in Dadiman, the Court directed that an independent actuary be hired to determine whether such funding decisions had "rendered PERS actuarially unsound." Ibid. And, in the event that the retirement fund at issue was declared to be actuarially unsound, the Court required that an appropriation plan be developed to return PERS to actuarial soundness.