COMMITTEE SUBSTITUTE
FOR
H. B. 2369
(
By Delegates Hamilton, Boggs,
Crosier and Leggett
)
(Originating in the Committee on Finance)
[March 22, 2005]
A BILL to
amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §15-2-9, relating
to limiting the administration of a voluntary contribution
fund or similar benefit plan by members and employees of the
West Virginia State Police
.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §15-2-9, to read as
follows:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-9. State Police voluntary contribution fund.
(a) The Legislature finds that since the year one thousand
nine hundred fifty-one, employees of the West Virginia State
Police or its predecessor agencies have operated a voluntary
contribution fund. Upon the death of a member or employee of the
West Virginia State Police who, upon his or her death, was a
member of the contribution fund, active members and employees of the West Virginia State Police who have voluntarily chosen to be
members of the fund have been permitted, as an expression of
respect and gratitude for the contributions and service of the
deceased member in protecting the public, to donate small
financial contributions to a designated beneficiary of the
deceased member. The contributions were deposited into the
contribution fund and the disbursements were made from the fund.
The Legislature further finds, upon the reports of the
Legislative Auditor, that over the years, without statutory
authority to do so,
administrators of the West Virginia State
Police and its predecessor agencies assumed control of the
administration of the contribution fund, performing or directing
the administrative functions necessary to receive contributions
to and disbursements from the contribution fund.
The Legislature further finds that the State of West
Virginia had
not established the contribution fund or any similar
benefit plan for the members and employees of the West Virginia
State Police or its predecessor agencies, nor approved the same
as an official state benefit program or plan in any manner
whatsoever. In the absence of the establishment or approval of
such a program or plan by the Legislature, the exercise of
administrative powers for these purposes is inappropriate.
The Legislature further finds that the contribution fund is
not a state program, but a private activity to which individual
employees of the West Virginia State Police have committed state
time and resources.
The Legislature further finds that the contributions and
service of deceased members and employees of the West Virginia
State Police merit sincere, dignified and personal voluntary
expressions of respect and gratitude from fellow members and
employees of the deceased. The Legislature further finds that
the continuance of the contribution fund or similar benefit plan
for the purposes of facilitating those personal voluntary
expressions of respect and gratitude may be appropriate under
certain circumstances.
It is therefore the intent of the Legislature to authorize
the limited use of staff and other resources incidental to the
continued administration of the private contribution fund in
accordance with the provisions of this section.
(b)
The limited use of State Police staff time, postage,
duplicating and incidental resources is authorized in the
continued administration of the contribution fund for the purpose
of facilitating contributions and disbursements from the fund if
the following conditions have been met:
(1) The Superintendent has provided each member and
employee of the West Virginia State Police a copy of this section
and a statement in writing that clearly advises the member or
employee that the contribution fund is a private activity
established and maintained by members and employees of the West
Virginia State Police in their private capacity with limited
administration by the West Virginia State Police and is not in
any manner a benefit or other plan provided by or on behalf of the State of West Virginia and that participation in the fund or
plan is not required, but is only permitted if the member or
employee elects to participate on a voluntary basis with no
obligation to give nor opportunity for coerced participation and
that the purpose of the fund is to facilitate participating
members' expressions of admiration, appreciation and bereavement
to the survivors of deceased members;
(2) All rosters, records and accounts of the contribution
fund are available for public inspection and audit; and
(3) State Police administration is consistent with all
applicable federal and state tax requirements.
(c) Membership in the State Police contribution fund is
voluntary. On or before the thirty-first day of July, two
thousand five, members or employees hired between the first day
of January, two thousand four, and the effective date of this
section may elect to participate in the fund, and within five
days of employment or reemployment with the West Virginia State
Police, a member or employee may elect to participate in the
fund: Provided, That any member of the original contribution
fund in good standing upon the effective date of this section
shall be presumed to be a member of the contribution fund. A
retired member may maintain membership in the fund.
A member may
terminate membership in the fund at any time, by written notice
to the Superintendent, or by ceasing to make contributions to the
fund.
Upon the death of a member of the fund, the Superintendent
is authorized to collect a contribution not to exceed the sum of five dollars from all personnel participating in the fund,
payable to a designated beneficiary of the deceased member. To
aid administrative efficiency and ease the burden of
participation, the Superintendent may collect funds prospectively
to cover an estimated number of deaths in a given period:
Provided, That any such remaining funds credited to a deceased
member shall be returned to the member's designated beneficiary.
(d) Use of coercion in attempt to influence a West Virginia
State Police officer's or employee's election to participate in
the contribution fund is prohibited and grounds for dismissal
from employment.
(e) The Superintendent is authorized to establish and
maintain a nongovernmental
bank account established by agreement
with a bank within the State to receive contributions to and make
disbursements from the fund. These receipts are not to be
deposited or held in the State Treasury.
(f) The Superintendent shall verify any death of a member
of the fund and authorize the dissemination of a notice of the
death to members of the fund. The Superintendent shall use the
most cost efficient means of communication available in making
these notifications.
(g) The Superintendent is authorized to develop a written
internal department policy for the operation of the contribution
fund, which may include terms and conditions of membership and
the development of any necessary forms or agreements for
enrollment in the fund and the designation of a beneficiary.