H. B. 2491
(By Delegate Walters)
[Introduced February 22, 2001; referred to the
Committee on Banking and Insurance then Finance.]
A BILL to amend and reenact section two, article sixteen, chapter
thirty-three of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to insurance; group
insurance policies.
Be it enacted by the Legislature of West Virginia:
That section two, article sixteen, chapter thirty-three of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 16. GROUP ACCIDENT AND SICKNESS INSURANCE.
§33-16-2. Eligible groups.
Any insurer licensed to transact accident and sickness
insurance in this state may issue group accident and sickness policies coming within any of the following classifications:
(a) A policy issued to an employer, who
shall be is deemed
considered the policyholder, insuring at least ten employees of
such the employer, for the benefit of persons other than the
employer, and conforming to the following requirements:
(1) If the premium is paid by the employer the group shall
comprise all employees or all of any class or classes thereof
determined by conditions pertaining to the employment; or
(2) If the premium is paid by the employer and employees
jointly, or by the employees, the group shall comprise
not less
than seventy percent of all employees of the employer or not less
than seventy-five percent of all employees of any class or classes
thereof determined by conditions pertaining to the employment
employees who elect to make the payments;
(3) The term "employee" as used herein
shall be is deemed
considered to include the officers, managers and employees of the
employer, the partners, if the employer is a partnership, the
officers, managers, and employees of subsidiary or affiliated
corporations of a corporation employer, and the individual
proprietors, partners and employees of individuals and firms, the
business of which is controlled by the insured employer through stock ownership, contract or otherwise. The term "employer" as
used herein
may be is deemed considered to include any municipal or
governmental corporation, unit, agency or department thereof and
the proper officers
as such, of any unincorporated municipality or
department thereof, as well as private individuals, partnerships
and corporations.
(b) A policy issued to an association which has a constitution
and bylaws and which has been organized and is maintained in good
faith for purposes other than that of obtaining insurance, insuring
at least ten members of the association for the benefit of persons
other than the association or its officers or trustees.
as such
(c) A policy issued to a college, school or other institution
of learning or to the head or principal thereof, insuring at least
ten students, or students and employees, of
such the institution.
(d) A policy issued to or in the name of any volunteer fire
department, insuring all of the members of
such the department or
all of any class or classes thereof against any one or more of the
hazards to which they are exposed by reason of
such the membership
but in each case not less than ten
such members.
(e) A policy issued to any person or organization to which a
policy of group life insurance may be issued or delivered in this state, to insure any class or classes of individuals that could be
insured under
such the group life policy.
NOTE: The purpose of this bill is to eliminate the 75%
participation requirement currently required for group insurance
policies when the policy premium is partly or wholly paid by the
employee. The bill also includes technical changes for the purpose
of cleaning up language in the code.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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