HOUSE CONCURRENT RESOLUTION NO. 72

(By Mr. Speaker, Mr. Kiss)


[Introduced April 6, 2001; referred to the

Committee on Rules.]


Adopting the section of the Citizens Legislative Compensation Commission Resolution with respect to participation in the coverages and benefits of the Social Security Act and the Federal Insurance Contributions Act by members of the Legislature.

Whereas, The Citizens Legislative Compensation Commission has recommended in its resolution that members of the Legislature participate in the coverages and benefits of the Social Security Act and the Federal Insurance Contributions Act ; and
Whereas, By a Section 218 Agreement between the State of West Virginia and the United States Social Security Administrator dated March 22, 1951, members of the Legislature and services in part- time persons employed incident to a session of the Legislature were exempt from the provisions of the Social Security Act; and
Whereas, As of July 2, 1992, due to changes in Federal Law pursuant to the Omnibus Budget Reconciliation Act of 1986, all state and local governmental employees not covered by a public retirement system were subject to mandatory Social Security and Medicare coverage notwithstanding the provisions of any Section 218 Agreement; and
Whereas, It is up to the Social Security Administration to administer Social Security Benefits and the Internal Revenue Service to collect the payroll taxes imposed to fund the social security and medicare programs; and
Whereas, Social Security coverage may only be extended to positions covered by a retirement system and members of the Legislature if a majority of these persons vote in favor of coverage in a referendum ; and
Whereas, Federal law requires the following conditions be met with regard to the referendum: (1) All eligible employees must be given not less than ninety days notice of the referendum; (2) All eligible employees are given the right to vote and the vote is limited to eligible employees; (3) The referendum is held by secret ballot and supervised by the Governor or his designee; and (4) a majority of the employees vote for coverage; and
Whereas, Federal law mandates that the Legislature determine whether its members will have uniform coverage under the Social Security Act in light of the changes made by the Omnibus Budget Reconciliation Act of 1986 which became effective AFTER July 1, 1992; and therefore, be it
Resolved by the Legislature of West Virginia:

That the Legislature adopt Section 12 of the March 3, 1994 Resolution of the Citizens Legislative Compensation Commission, which reads as follows: "Resolved further, That members of the Legislature shall participate in the coverages and benefits of the Social Security Act and the Federal Insurance Contributions Act to the same extent as other public officials."; and be it
Further Resolved, That members of the Legislature shall participate in the coverages and benefits of the Social Security Act and the Federal Insurance Contributions Act to the same extent as other public officials ; and be it
Further Resolved, That Governor, Auditor, Members of the Legislature and Legislative staff fully cooperate and do all things necessary to effectuate the purposes of this resolution.