Introduced Version
House Bill 2767 History
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Committee Substitute
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2767
(By Delegates Manchin, Beach, Cann, Doyle,
Lawrence, Miley, Tabb and Varner)
[Introduced February 24, 2009; referred to the
Committee on Political Subdivisions then Government
Organization.]
A BILL to amend and reenact §5-16-4 of the Code of West Virginia,
1931, as amended, relating to the 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;
termination date.
(a) The Public Employees Insurance Agency Finance Board is
continued and consists of the Secretary of the Department of
Administration or his or her designee and eight members appointed by the Governor, with the advice and consent of the Senate, for
terms of four years and until the appointment of their successors.
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.
(b) Of the eight members appointed by the Governor, one member
shall represent the interests of education employees, one shall
represent the interests of public employees, one shall represent
the interests of retired employees, one shall represent the
interests of organized labor, one shall represent the interest of
a participating political subdivision and four three shall be
selected from the public at large. 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 state. 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. The four three members appointed
from the public shall each have experience in the financing,
development or management of employee benefit programs. 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.
(c) 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. The board shall pay
each member the same compensation and expense reimbursement that is
paid to members of the Legislature for their interim duties, as
recommended by the Citizens Legislative Compensation Commission and
authorized by law, for each day or portion of a day engaged in the
discharge of official duties.
(d) 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.
NOTE: The purpose of this bill is to change the membership of
the PEIA Financial Board by changing the number of citizen members
from four to three, then require the position of the former citizen
member be taken by a person who is an interested person from a
participating political subdivision.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.