H. B. 3092
(By Delegates Pethtel, Frazier, Duke, Givens,
Marshall, Martin, Ferro, Hall, Guthrie
[Introduced February 10, 2011; referred to the
Committee on Pensions and Retirement then Finance.]
A BILL to amend and reenact §5-10D-6 of the Code of West Virginia, 1931, as amended, relating to voluntary deductions by the Consolidated Public Retirement Board from monthly benefits to retirees to pay association dues; permitting retiree associations to receive increased dues by certifying to the Consolidated Public Retirement Board current increased dues without retirees written approval; and requiring the Consolidated Public Retirement Board and other public retirement systems to provide retiree associations or organizations lists of plan beneficiaries and addresses for blind mailings purposes.
Be it enacted by the Legislature of West Virginia:
That §5-10D-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 10D. CONSOLIDATED PUBLIC RETIREMENT BOARD.
§5-10D-6. Voluntary deductions by the Consolidated Public Retirement Board from monthly benefits to retirees to pay association dues.
Any recipient of monthly retirement benefits from any public retirement plan in this state may authorize that a deduction from his or her monthly benefits be made for the payment of membership dues or fees to a retiree association. The deductions shall be authorized on a form provided by the Consolidated Public Retirement Board and shall include: (a) The identity and social security number of the retiree; (b) the amount and frequency of the deduction; (c) the identity and address of the association to which the dues or fees shall be paid; and (d) the signature of the retiree. Upon execution of the authorization and its receipt by the Consolidated Public Retirement Board, Any retiree association so authorized shall certify to the Consolidated Public Retirement Board the current rate of monthly dues. The deduction shall be made in the manner certified by the designated retiree association on the tenth day of each month: Provided, That the deduction may not be made more frequently than monthly. Deduction authorizations may be revoked at any time at least thirty days prior to the date on which the deduction is regularly made and on a form to be provided by the Consolidated Public Retirement Board.
Notwithstanding the provisions of section twenty-one, article eight, chapter five-a of this code to the contrary, a retiree association is entitled to mail information and voluntary membership applications and dues deduction cards to eligible beneficiaries of any public retirement plan, including retirees of the Public Employees Retirement System, Deputy Sheriff Retirement System, any Policemen’s or Firemen’s Pension and Retirement Fund, Municipal Employees Retirement and Benefit Fund, West Virginia State Police Retirement System, Emergency Medical Services Retirement System, State Teachers Retirement System, Teachers’ Defined Contribution Retirement System and the Retirement System for Judges of Courts of Record. The retiree association shall pay all costs associated with its mailings. The Consolidated Public Retirement Board and any retiree organization under this section shall agree on the method of providing a list of plan beneficiaries and their addresses to accomplish the mailings while preserving the confidentiality of the list. The agreement may include providing the list to a third party in the business of providing mailing services if the third party agrees to maintain the confidentiality of the list. The Consolidated Public Retirement Board is not responsible or liable to retired beneficiaries for providing the names and addresses as provided in this section.
NOTE: The purpose of this bill is to require the Consolidated Public Retirement Board to deduct from monthly benefits to retirees sums to pay retiree association dues. This is accomplished by changing existing statute and permitting retiree associations to receive dues by certifying to the Consolidated Public Retirement Board the amount of current dues without a retiree’s written approval which is currently necessary. The bill also requires the Consolidated Public Retirement Board and all other public retirement systems in the state to provide retiree associations or organizations lists of plan beneficiaries and addresses for blind mailings purposes. This is currently prohibited by the provisions of §5A-8-21, enacted in 2004.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.