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
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.