Senate Bill No. 296
(By Senators Ross, Anderson, Minard,
Snyder, Boley and Minear)
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[Introduced January 24, 2002; referred to the
Committee on Pensions; then to the Committee on Finance; and
then to the Committee on the Judiciary.]
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A BILL to amend and reenact section two, article two, chapter
sixty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to authorizing the
consolidated public retirement board to promulgate a
legislative rule relating to benefit determination and appeal.
Be it enacted by the Legislature of West Virginia:
That section two, article two, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND BOARDS
TO PROMULGATE LEGISLATIVE RULES.
§64-2-2. Consolidated public retirement board.
(a) The legislative rule filed in the state register on the
first day of September, two thousand, under the authority of
section one, article ten-d, chapter five of this code, modified
by the consolidated public retirement board to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-eighth day of
November, two thousand, relating to the consolidated public
retirement board (general provisions, 162 CSR 1), is authorized.
(b) The legislative rule filed in the state register on the
first twenty-fifth day of September July, two thousand one,
authorized under the authority of section one, article ten-d,
chapter five of this code, modified by the consolidated public
retirement board to meet the objections of the legislative rule-
making review committee and refiled in the state register on the twenty-eighth day of November, two thousand, relating to the
consolidated public retirement board (consolidated public
retirement board benefit determination and appeal, 162 CSR 2),
is authorized.
(c) The legislative rule filed in the state register on the
first day of September, two thousand, under the authority of
section one, article ten-d, chapter five of this code, modified
by the consolidated public retirement board to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-eighth day of
November, two thousand, relating to the consolidated public
retirement board (teachers' defined contribution system, 162 CSR
3), is authorized.
(d) The legislative rule filed in the state register on the
first day of September, two thousand, under the authority of
section one, article ten-d, chapter five of this code, modified
by the consolidated public retirement board to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the fourteenth day of December,
two thousand, relating to the consolidated public retirement
board (teachers' defined benefit plan, 162 CSR 4), is
authorized.
(e) The legislative rule filed in the state register on the
first day of September, two thousand, under the authority of
section one, article ten-d, chapter five of this code, modified
by the consolidated public retirement board to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-eighth day of
November, two thousand, relating to the consolidated public
retirement board (public employees retirement system, 162 CSR
5), is authorized.
(f) The legislative rule filed in the state register on the
first day of September, two thousand, authorized under the
authority of section one, article ten-d, chapter five of this
code, modified by the consolidated public retirement board to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the fourteenth
day of December, two thousand, relating to the consolidated
public retirement board (service credit for accrued and unused
sick and annual leave, 162 CSR 8), is disapproved.
NOTE: The purpose of this bill is to authorize the
Consolidated Public Retirement Board to promulgate a legislative
rule relating to Benefit Determination and Appeal.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language
that would be added.