H. B. 2457
(By Delegates Boggs, Stemple
and Leggett)
[Introduced January 29, 1999; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact chapter five, article sixteen,
section two of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, expanding the definition of
"employee" to include board of director members, and regular
and part-time employees of public service districts.
Be it enacted by the Legislature of West Virginia:
That chapter five, article sixteen, section two 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.
§5-16-2. Definitions.
The following words and phrases as used in this article,
unless a different meaning is clearly indicated by the context,
have the following meanings:
(1) "Advisory board" means the public employees insurance
agency advisory board created by this article.
(2) "Agency" means the public employees insurance agency
created by this article.
(3) "Director" means the director of the public employees
insurance agency created by this article.
(4) "Employee" means any person, including elected officers,
who works regularly full time in the service of the state of West
Virginia and, for the purpose of this article only, the term
"employee" also means any person, including elected officers, who
works regularly full time in the service of a county board of
education; a county, city or town in the state; any separate
corporation or instrumentality established by one or more
counties, cities or towns, as permitted by law; any corporation
or instrumentality supported in most part by counties, cities or
towns; any public corporation charged by law with the performance
of a governmental function and whose jurisdiction is coextensive
with one or more counties, cities or towns; any comprehensive
community mental health center or comprehensive mental
retardation facility established, operated or licensed by the
secretary of health and human resources pursuant to section one,
article two-a, chapter twenty-seven of this code, and which is
supported in part by state, county or municipal funds; any person
who works regularly full time in the service of the university of
West Virginia board of trustees or the board of directors of the
state college system; and any person who works regularly full time in the service of a combined city-county health department
created pursuant to article two, chapter sixteen of this code.
On and after the first day of January, one thousand nine hundred
ninety-four, and upon election by a county board of education to
allow elected board members to participate in the public
employees insurance program pursuant to this article, any person
elected to a county board of education shall be deemed to be an
"employee" during the term of office of the elected member:
Provided, That the elected member shall pay the entire cost of
the premium if he or she elects to be covered under this article.
Any matters of doubt as to who is an employee within the meaning
of this article shall be decided by the director.
On or after the first day of July, one thousand nine hundred
ninety-seven, a person shall be considered an "employee" if that
person meets the following criteria:
(i) Participates in a job-sharing arrangement as defined in
section one, article one, chapter eighteen-a of this code;
(ii) Has been designated, in writing, by all other
participants in that job-sharing arrangement as the "employee"
for purposes of this section; and
(iii) Works at least one third of the time required for a
full-time employee.
On or after the first day of July, 1999, any person who is
a member of the board of directors of a public service district, or who is a regular or part-time employee of a public service
district, shall be deemed to be an "employee" during the term of
their office or employment. Provided, That the employees of
public service districts shall pay the entire cost of the premium
if he or she elects to be covered under this article.
(5) "Employer" means the state of West Virginia, its boards,
agencies, commissions, departments, institutions or spending
units; a county board of education; a county, city or town in the
state; any separate corporation or instrumentality established by
one or more counties, cities or towns, as permitted by law; any
corporation or instrumentality supported in most part by
counties, cities or towns; any public corporation charged by law
with the performance of a governmental function and whose
jurisdiction is coextensive with one or more counties, cities or
towns; any comprehensive community mental health center or
comprehensive mental retardation facility established, operated
or licensed by the secretary of health and human resources
pursuant to section one, article two-a, chapter twenty-seven of
this code, and which is supported in part by state, county or
municipal funds; and a combined city-county health department
created pursuant to article two, chapter sixteen of this code.
Any matters of doubt as to who is an "employer" within the
meaning of this article shall be decided by the director. The
term "employer" does not include within its meaning the national guard.
(6) "Finance board" means the public employees insurance
agency finance board created by this article.
(7) "Plan" means the medical indemnity plan or a managed
care plan option offered by the agency.
(8) "Retired employee" means an employee of the state who
retired after the twenty-ninth day of April, one thousand nine
hundred seventy-one, and an employee of the university of West
Virginia board of trustees or the board of directors of the state
college system or a county board of education who retires on or
after the twenty-first day of April, one thousand nine hundred
seventy-two, and all additional eligible employees who retire on
or after the effective date of this article and meet the minimum
eligibility requirements for their respective state retirement
system: Provided, That for the purposes of this article, the
employees who are not covered by a state retirement system shall,
in the case of education employees, meet the minimum eligibility
requirements of the state teachers retirement system, and in all
other cases, meet the minimum eligibility requirements of the
public employees retirement system.
NOTE: The purpose of this bill is to expand the definition
of "employee" to include board of director members, and regular
and part-time employees of public service districts.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.