Bill-CPRB 162CSR5
H. B. 2561
(By Delegates Mahan, Cann, Kominar and Faircloth)

[Introduced January 24, 2003; referred to the
Committee on the Judiciary.]

A BILL to amend and reenact section two, article two, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the consolidated public retirement board to promulgate a legislative rule relating to the public employees retirement system.

Be it enacted by the Legislature of West Virginia:
That section two, article two, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 2. AUTHORIZATION FOR DEPARTMENT OF ADMINISTRATION TO PROMULGATE LEGISLATIVE RULES.

§64-2-2. Consolidated public retirement board.
(a) The legislative rule filed in the state register on the twenty-fifth day of July, two thousand one, authorized under the authority of section one, article ten-d, chapter five of this code, relating to the consolidated public retirement board (consolidated public retirement board benefit determination and appeal, 162 CSR 2), is authorized.
(b) The legislative rule filed in the state register on the first day of September, two thousand, authorized under the authority of section one, article ten-d, chapter five, of this code, modified by the consolidated public retirement board to meet the objections of the legislative rule-making review committee and refiled in the state register on the fourteenth day of December, two thousand, relating to the consolidated public retirement board (service credit for accrued and unused sick and annual leave, 162 CSR 8), is authorized with the amendments set forth below:
On page one, section 1.1, by adding a new sentence at the end of the subdivision to read as follows: "Employees of the judicial and legislative branches of government are exempt from this rule.";
On page one, section 4.1, line twenty-six, following the word "shall" by striking out the words "be deferential to" and inserting in lieu thereof the word "accept"; and
On page two, section 4.1, line three, following the word "policy" by striking out the words "shall have been formally adopted in writing by the employer" and inserting in lieu thereof the words "must be a written standard that is an accepted standard by the employer".
(c) The legislative rule filed in the state register on the twenty-third day of July, two thousand two, authorized under the authority of section one, article ten-d, chapter five, of this code, relating to the consolidated public retirement board (public employees retirement system, 162 CSR 5), is authorized.

NOTE: The purpose of this bill is to authorize the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Public Employees Retirement System.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.