ENROLLED
Senate Bill No. 341
(By Senators Wagner, Bailey, Bowman, Buckalew,
Walker and Yoder)
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[Passed March 8, 1995; to take effect July 1, 1995.]
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AN ACT to amend and reenact section four, article sixteen,
chapter five of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to the
continuation of the public employees insurance agency
finance board.
Be it enacted by the Legislature of West Virginia:
That section four, article sixteen, chapter five of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
ยง5-16-4. Public employees insurance agency finance board
created; qualifications, terms and removal of members;
quorum; compensation and expenses; termination date.
(a) There is hereby created the public employees insurance
agency finance board, which shall consist of the director and four 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: Provided, That the members
initially appointed by the governor shall be appointed not
later than the tenth day of September, one thousand nine
hundred ninety, and may serve and may perform the duties
required by this article until such time as the Senate may
convene to give its advice and consent. Of the members first
appointed, one shall be appointed for a term of one year, one
for two years, one for three years and one for four years.
Members may be reappointed for successive terms. No more than
three members (including the director) may be of the same
political party.
(b) Of the four members appointed by the governor, one
member shall represent the interests of education employees,
one shall represent the interests of public employees and two
shall be selected from the public at large. The two members
appointed from the public shall each have experience in the
financing, development or management of employee benefit
programs. All new appointments made subsequent to the first
day of July, one thousand nine hundred ninety-four, 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 director shall serve as chairperson of the finance
board, which shall meet at such time and place as shall be
specified by the call of the director or upon the written
request to the director of at least two members. Notice of
each meeting shall be given in writing to each member by the
director at least three days in advance of the meeting. Three
members shall constitute a quorum. The board shall pay each
member the same compensation and expense reimbursement as 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 thereof engaged
in the discharge of official duties.
(d) Pursuant to the provisions of article ten, chapter
four of this code, the finance board shall terminate on the
first day of July, two thousand one, unless extended by
legislation enacted before the termination date.
(e) 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 rules and regulations of the director promulgated pursuant
to the provisions of chapter twenty-nine-a of this code. Any
employee assessments or costs authorized by the finance board
shall remain in effect until amended by rule or regulation of
the director promulgated pursuant to this subsection.