Harris v. County Commission of Calhoun County

Edward Harris, a former employee of the County Commission of Calhoun County, filed an action in the circuit court alleging that the Commission committed errors in deducting and contributing amounts for his coverage under the West Virginia Employees Insurance Agency and the West Virginia Public Employees Retirement System, thereby adversely affecting his retirement pay and his retirement health insurance benefits. The Commission argued that Harris’s action was barred by the statute of limitations. The circuit court ruled in favor of Harris, concluding that the statute of limitations begins to run when the employee is subsequently damaged at retirement through the receipt of less advantageous retirement benefits than they would have received, had they been timely enrolled. The Supreme Court accepted a question certified to it by the circuit court and answered (1) Harris’s cause of action against the Commission accrued when the errors took place, rather than at the time of Harris’s subsequent retirement; and (2) the statute of limitations set forth in W. Va. Code 55-2-6 for such a cause of action began to run either when the errors took place or when the errors were first known or should have been known by Harris, whichever occurred last. View "Harris v. County Commission of Calhoun County" on Justia Law