H. B. 4424
(By Delegates Mahan, Campbell, Rowe,
Caputo and Willison)
[Introduced February 7, 2000; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section one-b, article two, chapter
twenty-three of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to employers and
employees subject to workers' compensation coverage; and
providing that members and managers of limited liability
companies are added to those persons who can elect coverage
under workers' compensation and pay premiums based upon the
actual salary paid to that employee up to an amount sufficient
to qualify the employee to receive the maximum level of
benefits as a result of their employment or relationship to
those limited liability companies.
Be it enacted by the Legislature of West Virginia:
That section one-b, article two, chapter twenty-three of the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2. EMPLOYERS AND EMPLOYEES SUBJECT TO CHAPTER;
EXTRATERRITORIAL COVERAGE.
ยง23-2-1b. Special provisions as to premiums.
(a) Except as provided for in subsection (b) of this section,
every executive officer of an association or of a corporation, any
member of a partnership or owner of a sole proprietorship or any
member or manager of a limited liability company which has not
elected to forgo coverage under this chapter for such that officer,
member, or owner or manager shall pay premiums based upon the
actual salary paid to such that employee up to an amount sufficient
to qualify such the employee to receive the maximum level of
benefits, but in no event shall may the basis for premium be less
than the salary necessary to provide such the employee with the
minimum level of benefits.
(b) Every executive officer of a not-for-profit association or
of a not-for-profit corporation which has not elected to forgo
coverage under this chapter for such the officer, member or owner
shall pay premiums based upon the actual salary paid to such the
employee up to an amount sufficient to qualify such the employee to receive the maximum level of benefits, but in no event shall may
the basis for premium be less than one hundred dollars.
(c) Every elected official or officer, whether full time or
part time and including members of the Legislature, whose
governmental entity elects coverage under this chapter for such
the elected official or officer, shall pay or have paid for him or
her premiums based upon the actual salary paid to such the elected
official or officer up to an amount sufficient to qualify such the
elected official or officer to receive the maximum level of
benefits, but in no event shall may the basis for premium be less
than the salary necessary to provide such the elected official or
officer with the minimum level of benefits. For the purposes of
this subsection, an elected official or officer shall include
includes a person appointed to an elected position to complete a
term for that elected position.
(d) The premium and actual expenses in connection with
governmental agencies and departments of the state of West Virginia
shall be paid out of the state treasury from appropriations made
for such those agencies and departments, in the same manner as
other disbursements are made by such those agencies and
departments.
(e) County commissions, municipalities, other political
subdivisions of the state, county boards of education, emergency
service organizations organized as aforesaid and volunteer fire
departments or companies shall provide for the funds to pay their
prescribed premiums into the fund and such the premiums and
premiums of state agencies and departments, including county boards
of education, shall be paid into the fund in the same manner as
herein provided for other employers subject to this chapter.
(f) County commissions and municipalities are hereby
authorized to pay all or any part of the premiums prescribed for
such emergency service organizations organized as aforesaid and
such duly incorporated volunteer fire departments or companies as
may provide services within the county or municipality.
NOTE: The purpose of this bill is to add members and managers
of limited liability companies to those persons who can elect
coverage under Workers' Compensation and pay premiums based upon
the actual salary paid to that employee up to an amount sufficient
to qualify the employee to receive the maximum level of benefits as
a result of the employment or relationship to those companies.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.