H. B. 2890
(By Delegate Walters (By Request))
[Introduced March 16, 2001; referred to the
Committee on Pensions and Retirement then Finance.]
A BILL to amend and reenact section twenty-four, article sixteen,
chapter five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to providing that
county employers are directly invoiced by the public employees
retirement system for sick leave used by county employees.
Be it enacted by the Legislature of West Virginia:
That section twenty-four, article sixteen, 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 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§5-16-24. Rules for administration of article; eligibility of
certain retired employees and dependents of deceased
members for coverage; employees on medical leave of
absence entitled to coverage; life insurance.
The director shall promulgate any necessary rules for the effective administration of the provisions of this article. Except
as specifically provided in subsection (e), section four of this
article, all rules of the public employees insurance agency and all
hearings held by the public employees insurance agency are exempt
from the provisions of chapter twenty-nine-a of this code. Any
rules promulgated by the public employees insurance board or
director shall remain in full force and effect until they are
amended or replaced by the director.
The rules shall provide that any employee of the state who has
been compelled or required by law to retire before reaching the age
of sixty-five years is eligible to participate in the public
employees' health insurance program at the premium contribution
established by the finance board after any extended coverage to
which he or she, his or her spouse and dependents may be entitled
by virtue of his or her accrued annual leave or sick leave,
pursuant to the provisions of section thirteen of this article, has
expired. Any employee who voluntarily retires, as provided by law,
is eligible to participate in the public employees' health
insurance program at the premium contribution established by the
finance board after any extended coverage to which he or she, his
or her spouse and dependents may be entitled by virtue of his or
her accrued annual leave or sick leave, pursuant to the provisions
of section thirteen of this article, has expired: Provided, That
the employee's last employer is a participating employer: Provided, however, That if the employer has a policy of converting
sick leave to pay for health insurance obtained under the public
employees insurance act, all payments for continued coverage shall
be billed to the employer until the obligation is fulfilled and no
part of any employee's sick leave accumulation may be converted in
such a manner that reduces the employee's pension benefit. The
dependents of any deceased retired employee are entitled to
continue their participation and coverage upon payment of the
premium contribution established by the finance board. In
establishing the cost of health insurance coverage for retired
employees and their spouses and dependents, the finance board, in
its discretion, may cause the claims experience of the retired
employees and their spouses and dependents to be rated separately
from that of active employees and their spouses and dependents, or
may cause the claims experience of retired and active employees,
and their spouses and dependents, to be rated together.
Any employee who is on a medical leave of absence, approved by
his or her employer, is subject to the following provisions of this
paragraph, is entitled to continue his or her coverage until he or
she returns to his or her employment, and the employee and employer
shall continue to pay their proportionate share of premium costs as
provided by this article: Provided, That the employer is obligated
to pay its proportionate share of the premium cost only for a
period of one year: Provided, however, That during the period of the leave of absence, the employee shall, at least once each month,
submit to the employer the statement of a qualified physician
certifying that the employee is unable to return to work.
Any retiree is eligible to participate in the public
employees' life insurance program, including the optional life
insurance coverage as already available to active employees under
this article, at his or her own expense for the cost of coverage,
based upon actuarial experience; and the director shall prepare, by
rule, for that participation and coverages under declining term
insurance and optional additional coverage for the retirees.
NOTE: The purpose of this bill is to provide that county
employers are directly invoiced by the public employees retirement
system for sick leave used by county employees.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.