H. B. 2003
(By Delegate Kiss)
[Introduced February 10, 1993; referred to the
Committee on Finance.]
A BILL to amend article sixteen, chapter five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section twenty-
three-a; and to amend and reenact section thirty-five,
article seven-a, chapter eighteen of said code, all relating
to part-time teaching employees; providing that part-time
teaching employees may participate in the public employees
insurance program if full premiums are paid by the
participant; and granting service credit in the teachers
retirement system for service of part-time teaching
employees who become eligible for membership in the system.
Be it enacted by the Legislature of West Virginia:
That article sixteen, chapter five 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-three-a; and that section thirty-five, article seven-a,
chapter eighteen of said code, be amended and reenacted, all to read as follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD
OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS,
OFFICES, PROGRAMS, ETC.
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§5-16-23a. Part-time teaching employees may be covered, if cost
of the entire coverage is paid by the employee.
Notwithstanding the definition of the term "employee"
contained in section two of this article and notwithstanding any
other provision of this article to the contrary, part-time
teaching employees of a county board of education may participate
in and be covered by an insurance plan or insurance plans
authorized under the provisions of this article for state
officers and employees, except that all part-time teaching
employees of county boards of education who elect to participate
in or to be covered by the plan or plans shall pay the full cost
for all group coverage on themselves, their spouses and
dependents, so that there will be no cost to the county board of
education or to the state for the coverage of any part-time
teaching employee, his or her spouse or dependents.
CHAPTER 18. EDUCATION.
ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.
§18-7A-35. Coverage for nonteaching employees; prior service
credit for part-time teaching employees.
(a) Nonteaching employees shall "Nonteaching employees" meanall persons, except teachers, regularly employed for full-time
service by the following educational agencies: (a) Any county
board of education, (b) the state board of education, (c) the
West Virginia board of regents, and (d) the teachers retirement
board.
(b) Such Nonteaching employees shall be are entitled to all
the rights, privileges and benefits provided for teachers by this
article, upon the same terms and conditions as are herein
prescribed for teachers. Any member who was employed as a
regular full-time employee in a nonteaching capacity by a board
of education, school principal or school administrator, prior to
the time he or she became eligible for membership in the state
teachers retirement system, shall be granted prior service credit
for such that service upon making application to the retirement
board and providing satisfactory evidence of such the service.
(c) Except as provided in section thirteen-b of this
article, employees of the cooperative extension service and its
predecessors in title, (agriculture extension division, West
Virginia extension agency, and West Virginia University
cooperative extension service) shall be entitled to all the
rights, privileges and benefits provided for teachers by this
article, upon the same terms and conditions as are herein
prescribed for teachers. Any member of the extension service or
its predecessors in title, who was employed for thirty hours or
more per week, prior to the time he or she became eligible for
membership in the state teachers retirement system, shall begranted service credit for such service upon making application
to the retirement board and providing satisfactory evidence of
such the service.
(d) Upon becoming eligible for membership in the state
teachers retirement system, a part-time teaching employee of a
county board of education, who is employed as a part-time
teaching employee for at least thirty days in one school year,
shall be granted service credit for that thirty-day period and
for any additional months of part-time teaching employment.
When the prior service is credited, each member of the
retirement system so credited shall contribute an amount equal to
the amount he or she would have contributed had he or she been a
member of the retirement system during the period credited.
NOTE: The purpose of this bill is to allow part-time
teaching employees of county boards of education to participate
in the public employees insurance program if they pay the full
cost of participation and to grant service credit for part-time
teaching employment of at least thirty days for part-time
teaching employees who become eligible for membership in the
teachers retirement system.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.