H. B. 2345
(By Delegates Manchin, Longstreth and D. Poling)
[Passed March 11, 2011; in effect ninety days from passage.]
to amend and reenact §5-16-4 of the Code of West Virginia,
1931, as amended, relating to increasing the board membership
of the Public Employees Insurance Agency Finance Board.
Be it enacted by the Legislature of West Virginia:
That §5-16-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§5-16-4. Public Employees Insurance Agency Finance Board
continued; qualifications, terms and removal of
members; quorum; compensation and expenses;
(a) The Public Employees Insurance Agency Finance Board is
continued and consists of
the following members, effective July 1,
(1) The Secretary of the Department of Administration or his
or her designee;
(2) One member shall represent the interests of education
(3) One shall represent the interests of public employees;
(4) One shall represent the interests of retired employees;
(5) One shall represent the interests of organized labor;
(6) One shall represent the interest of a participating
political subdivision; and
(7) Five shall be selected from the public at large.
(b) The Governor shall appoint the member representing the
interests of education employees from a list of three names
submitted by the largest organization of education employees in this
(c) The Governor shall appoint the member representing the
interests of organized labor from a list of three names submitted
by the state's largest organization representing labor affiliates.
(d) The three members appointed from the public shall each have
experience in the financing, development or management of employee
(e) The members shall be appointed by the Governor, with the
advice and consent of the Senate, for terms of four years and
members may serve until the successors are appointed and qualified.
Members may be reappointed for successive terms. No more than five
members, including the Secretary of the Department of Administration, may be of the same political party.
(f) All appointments shall be selected to represent the
different geographical areas within the state and all members shall
be residents of West Virginia. No member may be removed from office
by the Governor except for official misconduct, incompetence,
neglect of duty, neglect of fiduciary duty or other specific
responsibility imposed by this article or gross immorality.
(g) The Secretary of the Department of Administration shall
serve as Chair of the Finance Board, which shall meet at times and
places specified by the call of the chair or upon the written
request to the chair of at least two members. The Director of the
Public Employees Insurance Agency shall serve as staff to the board.
Notice of each meeting shall be given in writing to each member by
the director at least three days in advance of the meeting. Five
members constitute a quorum.
(h) The board shall pay each member the same compensation and
expense reimbursement that is paid to members of the Legislature for
their interim duties, for each day or portion of a day engaged in
the discharge of official duties.
(i) Upon termination of the board and notwithstanding any
provisions in this article to the contrary, the director is
authorized to assess monthly employee premium contributions and to
change the types and levels of costs to employees only in accordance
with this subsection. Any assessments or changes in costs imposed pursuant to this subsection shall be implemented by legislative rule
proposed by the director for promulgation pursuant to the provisions
of article three, chapter twenty-nine-a of this code. Any employee
assessments or costs previously authorized by the Finance Board
shall then remain in effect until amended by rule of the director
promulgated pursuant to this subsection.