H. B. 4706


(By Delegates Varner, Stalnaker, Harrison,

Overington, Given, Tucker and Louisos)

(Originating in the Committee on Government Organization)

[March 4, 1998]




A BILL to amend and reenact section two, article ten-d, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the appointment of the executive secretary of the consolidated public retirement board by the governor.

Be it enacted by the Legislature of West Virginia:
That section two, article ten-d, 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 10D. CONSOLIDATED PUBLIC RETIREMENT BOARD.
§5-10D-2. Chairman and vice chairman; executive secretary; employees; treasurer; legal advisor; actuary.

(a) The secretary of the department of administration shall call the first meeting of the consolidated public retirement board no later than the fifteenth day of January, one thousand nine hundred ninety-one.
(b) The board shall elect from its own number a chairman and vice chairman.
(c) The board shall appoint an executive secretary of the retirement systems. The executive secretary shall be appointed by the governor, by and with the advice and consent of the Senate, to serve a term concurrent with that of the governor. Upon initial appointment following the effective date of this section, appointment shall be for the unexpired term. The executive secretary shall be the chief administrative officer of all the systems and he or she shall not be a member of the board. He or she shall perform such duties as are required of him or her in this article and as the board from time to time delegates to him or her. The compensation of the executive secretary shall be fixed by the board subject to the approval of the governor secretary of the department of administration, subject to the provisions of section thirty-eight, article six of the Constitution of the state. The executive secretary shall, with the approval of the board of trustees, employ such administrative, technical and clerical employees as are required in the proper operation of the systems.
(d) Notwithstanding the provisions of section two, article three of this chapter, the board shall employ and be represented by an attorney licensed to practice law in the state of West Virginia who is not a member of any of the retirement systems administered by the board.
(e) An actuary, employed by the state or the board pursuant to section four of this article, shall be the actuarial consultant to the board.
(f) Prior to the first day of July, one thousand nine hundred ninety-one, the expenses of the board for the administration of the teachers' defined contribution retirement system created pursuant to article seven-b, chapter eighteen of this code shall be paid by the teachers retirement system created pursuant to article seven-a of said chapter.