BERKELEY SPRINGS, W.VA -- A 23rd judicial circuit judge has sided with 15 female employees of War Memorial Hospital, agreeing that the funds held in trust from the hospital's terminated pension plan should be distributed to them.
Judge John C. Yoder in a May 4 ruling agreed with the women's claim that the hospital's pension plan was terminated effective Dec. 31, 2003, and that the funds held in trust should be distributed to them.
The hospital and the others named in the suit have 90 days to appeal Yoder's ruling to the West Virginia Supreme Court of Appeals.Â No further action will be taken in the case until the Supreme Court makes a decision, Yoder wrote.
Lawrence M. Schultz, the employees' attorney, said Monday that the Supreme Court will not be back in session until September.Â Â
Schultz said the good part of the ruling is that "Judge Yoder agreed with one of our main points that the plan was terminated and the hospital should not have tried all these years to seize the money for itself. But the downside of the ruling is that we lost our June 16 trial date, and these women will have to wait more months to learn the outcome of this case."