West Virginia Code § 12-6-5a

Legislative findings and limitation on certain board actions
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(a) The Legislature hereby finds and declares that, during the period beginning August 1,
1984, and ending on January 31, 1989, certain overapportionments or overpayments of
interest earnings were made by the board of investments to local government participants in
the consolidated investment fund local government account.
The Legislature also finds and declares that said participants were not at fault for any losses
incurred by the consolidated fund during the aforesaid period, and that the participants
were justified in accepting and using the overapportionments or overpayments of interest
earnings credited to their accounts. u
The Legislature further finds and declares that attempts by the board of investments, the
state or any other state officer or agency to recover the overapportionments or
overpayments would harm the public good and create economic hardship for local
governments, and, therefore, said overapportionments or overpayments ought not to be
subject to recovery by the board or any other statel officer or agency.
(b) Neither the state, the board of investments nor any other state officer or agency may
expend any funds or permit any personneli to seek, or attempt to recover, from participants
in the consolidated fund local governgment account any moneys received by such participants
solely as a result of erroneous allocation of interest earnings to the participants' account
during the period of time beginning August 1, 1984, and ending on January 31, 1989, unless
authorized to do so by enactment of a separate and specific statute.
(c) This section shall not apply to any attempt by the board, the state or any other state
officer or agency to recover moneys due for any other reason.

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