SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home
sb53 sub1 Senate Bill 53 History

OTHER VERSIONS  -  Introduced Version  |     |  Email
Key: Green = existing Code. Red = new code to be enacted



COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 53

(By Senator Bailey)

____________

[Originating in the Committee on the Judiciary;

reported February 26, 2002.]

____________


A BILL to amend article twenty-two, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-eight-a, relating to providing procedural due process for employees who are employed by a city on a permanent basis who are applying for pension and disability benefits; application for benefits; requiring notice; providing for hearing; requiring final order and notice; allowing appeal; and providing administrative procedures in contested cases.

Be it enacted by the Legislature of West Virginia:
That article twenty-two, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section twenty-eight-a, to read as follows:
ARTICLE 22. RETIREMENT BENEFITS GENERALLY; POLICEMEN'S PENSION AND RELIEF FUND; FIREMEN'S PENSION AND RELIEF FUND; PENSION PLANS FOR EMPLOYEES OF WATERWORKS SYSTEM, SEWERAGE SYSTEM OR COMBINED WATERWORKS AND SEWERAGE SYSTEM.

§8-22-28a. Procedural due process; application for benefits; notice; hearing; final order; appeal; administrative procedures in contested cases.

(a) Upon receipt of an application for any benefits under the provisions of section twenty-three-a, twenty-four, twenty-five, twenty-six, twenty-six-a or twenty-seven of this article, the board of trustees of the fund shall provide the applicant with a written notice that the applicant has the following procedural due process rights:
(1) To retain counsel at the benefit applicant's cost;
(2) To perform discovery requests including, but not limited to, interrogatories, request for production of documents, request for admission and the taking of depositions of any physicians or medical experts appointed by the board of trustees of the fund to conduct a medical examination of the applicant;
(3) To appear before the board of trustees and present evidence and testimony;
(4) To cross examine any witness presented by the board of trustees at the hearing; and
(5) If denied benefits, to have the board of trustees of the fund give a detailed written statement outlining the reasons for the denial of benefits.
(b) Upon receipt of the report of any physician or medical expert to whom the applicant has been referred for examination, the board of trustees of a fund must give an applicant written notice of:
(1) A copy of the report or findings of the physicians or medical experts who have examined the applicant;
(2) Any proposed grant or denial of benefits;
(3) Notice of the date, time and place of the meeting of the board of trustees of the fund at which the application, the reports or findings of any physicians who have examined the applicant, any witnesses who may testify, and any additional evidence or testimony that may be presented, received and considered;
(4) The procedural due process rights of the applicant as outlined in subsection (a).
(c) After a hearing on the matter, the board of trustees of the fund shall send the applicant a final decision of its findings. In the event that an applicant is denied benefits in whole or in part, the final order shall contain a written statement outlining the reasons of the board of trustees for the denial of benefits.
(d) The provisions of the state administrative procedures act
at article five of chapter twenty-nine-a of this code, apply to all proceedings, judicial review and appeals in contested cases.
NOTE: The purpose of this bill is to provide a right of appeal to all employees of a city who are employed by a city on a permanent basis
whose requests for pension or disability benefits have been denied.

This section is new, therefore strike-throughs and underscoring have been omitted.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Email WebmasterWebmaster   |   © 2024 West Virginia Legislature **


X

Print On Demand

Name:
Email:
Phone:

Print