H. B. 4654

(By Delegates Morgan and Stephens)

[Originating in the Committee on Government Organization]

(February 24, 2012)

A BILL to amend and reenact §5-10D-6 of the Code of West Virginia, 1931, as amended, relating to voluntary deductions by the Consolidated Public Retirement Board from monthly benefits to pay retiree organization dues; requiring the Consolidated Public Retirement Board to provide mailing services upon request of certain retiree organizations; authorizing the Consolidated Public Retirement Board to contract with a third party to provide mailing services if the third party agrees to maintain the confidentiality of the list; providing that the Consolidated Public Retirement Board is not liable for providing the mailing lists; and terminating the authority to request and provide mailing services as of a certain date.

Be it enacted by the Legislature of West Virginia:

    That §5-10D-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 10D. CONSOLIDATED PUBLIC RETIREMENT BOARD.

§5-10D-6. Voluntary deductions by the Consolidated Public Retirement Board from monthly benefits to retirees to pay association organization dues.

    (a) Any recipient of monthly retirement benefits from any public retirement plan in this state may authorize that a deduction from his or her monthly benefits be made for the payment of membership dues or fees to a retiree association organization. The deductions shall be authorized on a form provided by the Consolidated Public Retirement Board and shall include:

    (a) (1) The identity and social security number of the retiree;

    (b) (2) The amount and frequency of the deduction;

    (c) (3) The identity and address of the association organization to which the dues or fees shall be paid; and

    (d) (4) The signature of the retiree.

    (b) Any retiree organization authorized by its retirees to receive payment for membership dues shall certify to the Consolidated Public Retirement Board the amount of monthly dues.

    (c) Upon execution of the authorization by the retiree, certification of the amount of monthly dues by the retiree organization, and its the receipt of the authorization and certification, by the Consolidated Public Retirement Board the deduction shall be made shall deduct the membership dues on the tenth day of each month: Provided, That the deduction may not be made more frequently than monthly.

    (d) Deduction authorizations may be revoked at any time at least thirty days prior to the date on which the deduction is regularly made and on a form to be provided by the Consolidated Public Retirement Board.

    (e) Notwithstanding the provisions of section twenty-one, article eight, chapter five-a of this code to the contrary, a retiree organization that represents West Virginia public retirees may request the Consolidated Public Retirement Board to mail voluntary membership applications, dues deduction cards and other information to any group of eligible retirees of any West Virginia public retirement plan, including, but not limited to, retirees of:

    (1) The Public Employees Retirement System;

    (2) The Deputy Sheriff Retirement System;

    (3) Any Policemen’s or Firemen’s Pension and Retirement Fund;

    (4) Municipal Employees Retirement and Benefit Fund;

    (5) West Virginia State Police Retirement System;

    (6) Emergency Medical Services Retirement System;

    (7) State Teachers Retirement System;

    (8) Teachers’ Defined Contribution Retirement System; and

    (9) The Retirement System for Judges of Courts of Record.

    (f) The retiree organization shall pay all costs associated with its mailings.

    (g) Upon the request of a retiree organization that represents West Virginia public retirees, the Consolidated Public Retirement Board shall mail or cause to be mailed voluntary membership applications, dues deduction cards and other information submitted by the retiree organization.

    (h) The Consolidated Public Retirement Board may provide the mailing services or may contract with a third party to provide the mailing services: Provided, That the third party agrees to maintain the confidentiality of the list and to use the list only for the purposes authorized by this section.

    (i) The Consolidated Public Retirement Board is not liable to retirees for providing the names and addresses as provided in this section.

    (j) The provisions of subsections (e), (f), (g), (h) and (i) of this section shall expire on July 1, 2022.