West Virginia Legislature
2016 Regular Session
Introduced
House
Bill 2659
[Introduced January 13, 2016; referred to the
Committee on Finance.]
A BILL to amend and reenact §23‑2‑1b of the
Code of West Virginia, 1931, as amended, relating to workers= compensation; employers
and employees subject to coverage; and providing that paid county or municipal
fire departments and duly incorporated volunteer fire departments pay reduced
premiums when not actively engaged in fire fighting.
ARTICLE 2. EMPLOYERS AND EMPLOYEES SUBJECT TO CHAPTER;
EXTRATERRITORIAL COVERAGE.
§23‑2‑1b.
Special provisions as to premiums.
(a) Except as provided for in subsection (b) of
this section, every executive officer of an association or of a corporation,
any member of a partnership or owner of a sole proprietorship which has not
elected to forgo coverage under this chapter for such officer, member or owner
shall pay premiums based upon the actual salary paid to such the
employee up to an amount sufficient to qualify such employee to receive the
maximum level of benefits, but in no event shall may the basis
for premium be less than the salary necessary to provide such the
employee with the minimum level of benefits.
(b) Every executive officer of a not‑for‑profit
association or of a not‑for‑profit corporation which has not
elected to forgo coverage under this chapter for such officer, member or owner
shall pay premiums based upon the actual salary paid to such the
employee up to an amount sufficient to qualify such the employee
to receive the maximum level of benefits, but in no event shall may
the basis for premium be less than $100.
(c) Every elected official or officer, whether full time
or part time and including members of the Legislature, whose governmental
entity elects coverage under this chapter for such the elected
official or officer, shall pay or have paid for him or her premiums based upon
the actual salary paid to such the elected official or officer up
to an amount sufficient to qualify such the elected official or
officer to receive the maximum level of benefits, but in no event shall may
the basis for premium be less than the salary necessary to provide such the
elected official or officer with the minimum level of benefits. For the
purposes of this subsection, an elected official or officer shall
includes a person appointed to an elected position to complete a term for that
elected position.
(d) The premium and actual expenses in connection with
governmental agencies and departments of the State of West Virginia shall be
paid out of the State Treasury from appropriations made for such agencies and
departments, in the same manner as other disbursements are made by such
agencies and departments.
(e) County commissions, municipalities, other political
subdivisions of the state, county boards of education, emergency service
organizations organized as aforesaid and volunteer fire departments or
companies shall provide for the funds to pay their prescribed premiums into the
fund and such premiums and premiums of state agencies and departments,
including county boards of education, shall be paid into the fund in the same
manner as herein provided for other employers subject to this chapter.
(f) County commissions and municipalities are hereby
authorized to pay all or any part of the premiums prescribed for such
emergency service organizations organized as aforesaid and such the
duly incorporated volunteer fire departments or companies as may provide
services within the county or municipality.
(g) Notwithstanding any other provision of this chapter
or law to the contrary, premiums for paid county or municipal fire departments
and duly incorporated volunteer fire departments or companies shall be reduced
for those periods that the firefighters are not actively engaged in fire
fighting efforts. The Insurance Commissioner shall determine the reduced
premiums to be paid for those periods when the firefighters are not actively
engaged in fire fighting and propose rules for legislative approval in
accordance with the provisions of article three, chapter twenty‑nine‑a
of this code to implement the provisions of this subsection.
NOTE: The purpose of this bill is to provide that paid county or
municipal fire departments and duly incorporated volunteer fire departments pay
reduced workers=
compensation premiums when not actively engaged in fire fighting. The
Insurance Commissioner is to determine the premiums.
Strike‑throughs indicate language that would be stricken
from the present law, and underscoring indicates new language that would be
added.