WEST VIRGINIA LEGISLATURE
2022 REGULAR SESSION
Introduced
Senate Bill 205
By Senators Maroney, Stollings, and Lindsay
[Introduced January 12, 2022; referred to the Committee on Government Organization]
A BILL to amend and reenact §5-16-4 of the Code of West Virginia, 1931, as amended, relating to the expansion of membership of the Public Employees Insurance Agency Finance Board.
Be it enacted by the Legislature of West Virginia:
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§5-16-4. Public Employees Insurance Agency Finance Board continued; qualifications, terms and removal of members; quorum; compensation and expenses; termination date.
(a) The Public Employees
Insurance Agency Finance Board is continued and consists of the Secretary of
the Department of Administration or his or her designee and eight members
appointed by the Governor, with the advice and consent of the Senate, for terms
of four years and each may serve until his or her successor is appointed and
qualified. Members may be reappointed for successive terms. No more than five
six members, including the Secretary of the Department of
Administration, may be of the same political party. Effective July 1, 2017,
members of the board shall satisfy the qualification requirements provided for
by subsection (b) of this section: Provided, That any member serving
upon the effective date of this section who does not satisfy a requirement of
subsection (b) may continue to serve until his or her successor has been
appointed and qualified. The Governor shall make appointments necessary to
satisfy the requirements of subsection (b) to staggered terms as determined by
the Governor.
(b) (1) Of the eight
10 members appointed by the Governor with advice and consent of the
Senate:
(A) One member shall
represent the interests of education employees. The member must shall
hold a bachelor’s degree, must shall have obtained teacher
certification, must shall be employed as a teacher for a period
of at least three years prior to his or her appointment and must shall
remain a teacher for the duration of his or her appointment to remain eligible
to serve on the board.
(B) One member shall
represent the interests of public employees. The member must shall
be employed to perform full- or part-time service for wages, salary, or
remuneration for a public body for a period of at least three years prior to
his or her appointment and must shall remain an employee of a
public body for the duration of his or her appointment to remain eligible to
serve on the board.
(C) One member shall
represent the interests of retired employees. The member must shall
meet the definition of retired employee as provided in section two of this
article.
(D) One member shall
represent the interests of a participating political subdivision. The member must
shall have been employed by a political subdivision for a period of at
least three years prior to his or her appointment and must shall
remain an employee of a political subdivision for the duration of his or her
appointment to remain eligible to serve on the board. The member may not be an
elected official.
(E) One member shall represent the interests of hospitals. The member shall have been employed by a hospital for a period of at least three years prior to his or her appointment and shall remain an employee of a hospital for the duration of his or her appointment to remain eligible to serve on the board.
(F) One member shall
represent the interests of small business. The member shall have owned
his or her business for a period of at least three years prior to his or her
appointment and shall maintain ownership of his or her business for the
duration of his or her appointment to remain eligible to serve on the board.
(E)(G) Four
members must shall be selected from the public at large, meeting
the following requirements:
(i) One member selected
from the public at large must shall generally have knowledge and
expertise relating to the financing, development, or management of employee
benefit programs;
(ii) One member selected
from the public at large must shall have at least three years of
experience in the insurance benefits business;
(iii) One member selected
from the public at large must shall be a certified public
accountant with at least three years of experience with financial management
and employee benefits program experience; and
(iv) One member selected
from the public at large must shall be a health care actuary or
certified public accountant with at least three years of financial experience
with the health care marketplace.
(2) No member of the board may be a registered lobbyist.
(3) All appointments shall be selected to represent the different geographical areas within the state and all members shall be residents of West Virginia. No member may be removed from office by the Governor except for official misconduct, incompetence, neglect of duty, neglect of fiduciary duty or other specific responsibility imposed by this article or gross immorality.
(c) The Secretary of the
Department of Administration shall serve as chair of the finance board, which
shall meet at times and places specified by the call of the chair or upon the
written request to the chair of at least two members. The Director of the
Public Employees Insurance Agency shall serve as staff to the board. Notice of
each meeting shall be given in writing to each member by the director at least
three days in advance of the meeting. Five Six members shall
constitute a quorum. The board shall pay each member the same compensation and
expense reimbursement that is paid to members of the Legislature for their
interim duties for each day or portion of a day engaged in the discharge of
official duties.
(d) Upon termination of the
board and notwithstanding any provisions in this article to the contrary, the
director is authorized to assess monthly employee premium contributions and to
change the types and levels of costs to employees only in accordance with this
subsection. Any assessments or changes in costs imposed pursuant to this
subsection shall be implemented by legislative rule proposed by the director
for promulgation pursuant to the provisions of §29A-3-1 et seq.
of this code. Any employee assessments or costs previously authorized by the
finance board shall then remain in effect until amended by rule of the director
promulgated pursuant to this subsection.
NOTE: The purpose of this bill is to expand the membership of the Public Employees Insurance Agency Finance Board.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.