Senate Bill No. 235
(By Senators Ross, Minard,
Snyder, Boley and Minear)
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[Introduced January 23, 2003; 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 2. AUTHORIZATION FOR DEPARTMENT OF ADMINISTRATION TO
PROMULGATE LEGISLATIVE RULES.
§64-2-2. Consolidated public retirement board.
(a) The legislative rule filed in the state register on the
twenty-fifth twenty-third day of July, two thousand one two,
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-ninth day of October, two thousand two,
relating to the
consolidated public retirement board
(consolidated public
retirement board benefit determination and appeal, 162 CSR 2), is
authorized.
(b) 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, section 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, section 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, section 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".
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.