H. B. 2369
(By Delegates Hamilton, Boggs,
Crosier and Leggett)
[Introduced February 15, 2005; referred to the
Committee on Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §15-2-9, relating to
authorizing the Superintendent of the West Virginia State
Police to operate a voluntary contribution fund for designated
beneficiaries of deceased officers; providing legislative
findings and a statement of legislative intent; providing for
voluntary contributions to and payments from the fund;
authorizing the creation and maintenance of a bank account for
the fund; and authorizing the Superintendent to develop forms
and internal procedures for the operation of the voluntary
contribution fund.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §15-2-9, to read as
follows:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-9. State Police voluntary contribution fund.
(a)
Legislative findings and intent. -- The Legislature finds
and declares that since the year one thousand nine hundred
fifty-one, the West Virginia State Police has operated a voluntary
contribution fund wherein, upon the death of a State Police officer
or employee who is a member of the contribution fund, active
members and employees of the West Virginia State Police who have
voluntarily chosen to be members of the fund are permitted, as an
expression of respect and gratitude for the contributions and
service of the deceased member in protecting the public, to donate
small financial contributions to a designated beneficiary of the
deceased member. It is the intention of the Legislature to permit
the Superintendent of the State Police to continue to administer
the contribution fund as a personal and private statement of thanks
from fellow officers and employees to the family of a deceased
member. It is not the intention of the Legislature to create any
new State benefit plan, to create any entitlement in any person to
any benefit or contribution provided from the fund, or to supplant
in any manner the state-funded public benefits to which State
Police officers or employees may be entitled by law.
(b)
Enrollment in and operation of fund. -- Membership in the
State Police contribution fund is voluntary. Within five days of
employment or reemployment with the West Virginia State Police, a
a West Virginia State Police officer or employee may elect to participate in the fund. A retired member may maintain membership
in the fund. Upon the death of a member of the fund, the
Superintendent is authorized to collect a contribution not to
exceed the sum of five dollars from all personnel participating in
the fund, payable to a designated beneficiary of the deceased
member. A member may terminate membership in the fund at any time,
by written notice to the Superintendent, or by ceasing to make
contributions to the fund.
(c)
Authorizing bank account and use of departmental
resources. -- The Superintendent is authorized to establish and
maintain a bank account established by agreement with a
nongovernmental bank within the State to receive contributions to
and make disbursements from the fund. The Superintendent shall
verify any death of a member of the fund and authorize the
dissemination of a notice of the death to members of the fund
through the State Police accounting section. For the purpose of
facilitating contributions and disbursements from the fund, the use
of State Police resources is authorized, which may include staff
time, postage, duplicating and incidental expense.
(d)
Internal policies and forms. -- The Superintendent is
authorized to develop a written internal department policy for the
operation of the contribution fund, which may include terms and
conditions of membership and the development of any necessary forms
or agreements for enrollment in the fund and the designation of a beneficiary.
NOTE: The purpose of this bill is to
authorize the
continuation of the West Virginia contribution fund, a gift
collection and disbursement system for the benefit of beneficiaries
of deceased members, which has existed within the State Police
since 1951.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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