
H. B. 4505
(By Delegates
Kominar and Doyle
)
(Originating in the Committee on Finance)
[February 15, 2002]
A BILL to
amend and reenact section three, 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 service credit for accrued and
unused sick and annual leave.
Be it enacted by the Legislature of West Virginia:
That section three, 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 2. AUTHORIZATION FOR DEPARTMENT OF ADMINISTRATION TO
PROMULGATE LEGISLATIVE RULES.
§64-2-3. Consolidated public retirement board.

(a) The legislative rule filed in the state register on the twenty-second day of July, one thousand nine hundred ninety-nine,
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
October, one thousand nine hundred ninety-nine, 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
twenty-second day of July, one thousand nine hundred ninety-nine,
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
October, one thousand nine hundred ninety-nine, relating to the
consolidated public retirement board (teachers' defined
contribution system, 162 CSR 3), is authorized.

(c) The legislative rule filed in the state register on the
twenty-second day of July, one thousand nine hundred ninety-nine,
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 October, one thousand nine hundred ninety-nine, relating to the
consolidated public retirement board (teachers defined benefit
plan, 162 CSR 4), is authorized.

(d) The legislative rule filed in the state register on the
twenty-second day of July, one thousand nine hundred ninety-nine,
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
October, one thousand nine hundred ninety-nine, relating to the
consolidated public retirement board (public employees retirement
system, 162 CSR 5), is authorized.

(e) The legislative rule filed in the state register on the
third day of August, one thousand nine hundred ninety-nine, 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 October,
one thousand nine hundred ninety-nine, relating to the consolidated
public retirement board (refund, reinstatement and loan interest
factors, 162 CSR 7), 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 authorized with the amendments set forth below:

"On page one, subdivision 1.1, by adding a new sentence at the
end of the subdivision to read as follows: 'Employees of the
judicial and legislative branches of government are exempt from
this rule.';

On page one, subdivision 4.1, line twenty-six, following the
word 'shall' by striking out the words 'be deferential to' and
inserting in lieu thereof the word 'accept'; and

On page two, subdivision 4.1, line three, following the word
'policy' by striking out the words 'shall have been formally
adopted in writing by the employer' and inserting in lieu thereof
the words 'must be a written standard that is an accepted standard
by the employer'."

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.