H. B. 4354
(By Delegates Rodighiero, Ellis and Hrutkay)
[Introduced January 31, 2008; referred to the
Committee on Veterans Affairs and Homeland Security then
Finance.]
A BILL to amend and reenact §5-16-2 of the Code of West Virginia,
1931, as amended, relating to providing state health care
services for all active and inactive duty military personnel.
Be it enacted by the Legislature of West Virginia:
That §5-16-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§5-16-2. Definitions.
The following words and phrases as used in this article,
unless a different meaning is clearly indicated by the context,
have the following meanings:
(1) "Agency" means the Public Employees Insurance Agency
created by this article.
(2) "Director" means the Director of the Public Employees
Insurance Agency created by this article.
(3) "Employee" means any person, including an elected officer,
who works regularly full time in the service of the State of West Virginia and, for the purpose of this article only, the term
"employee" also means any person, including an elected officer, who
works regularly full time in the service of a county board of
education; a county, city or town in the state;
a person serving in
the Armed Forces of the United States in the Army, Navy, Marine
Corps, Air Force, National Guard or Coast Guard as defined by the
laws of the United States and who are citizens and residents of
this state; any separate corporation or instrumentality established
by one or more counties, cities or towns, as permitted by law; any
corporation or instrumentality supported in most part by counties,
cities or towns; any public corporation charged by law with the
performance of a governmental function and whose jurisdiction is
coextensive with one or more counties, cities or towns; any
comprehensive community mental health center or comprehensive
mental retardation facility established, operated or licensed by
the secretary of health and human resources pursuant to section
one, article two-a, chapter twenty-seven of this code and which is
supported in part by state, county or municipal funds; any person
who works regularly full time in the service of the Higher
Education Policy Commission, the West Virginia Council for
Community and Technical College Education or a governing board, as
defined in section two, article one, chapter eighteen-b of this
code; any person who works regularly full time in the service of a
combined city-county health department created pursuant to article
two, chapter sixteen of this code; any person designated as a 21st
Century Learner Fellow pursuant to section eleven, article three, chapter eighteen-a of this code; and any person who works as a long
term substitute as defined in section one, article one, chapter
eighteen-a of this code, in the service of a county board of
education:
Provided, That a long term substitute who is
continuously employed for at least one hundred thirty-three
instructional days during an instructional term and until the end
of that instructional term, is eligible for the benefits provided
in this article until the first day of September following that
instructional term:
Provided, however, That a long term substitute
employed fewer than one hundred thirty-three instructional days
during an instructional term is eligible for the benefits provided
in this article only during such time as he or she is actually
employed as a long term substitute. On and after the first day of
January, one thousand nine hundred ninety-four, and upon election
by a county board of education to allow elected board members to
participate in the public employees insurance program pursuant to
this article, any person elected to a county board of education
shall be considered to be an "employee" during the term of office
of the elected member. Upon election by the State Board of
Education to allow appointed board members to participate in the
public employees insurance program pursuant to this article, any
person appointed to the State Board of Education is considered an
"employee" during the term of office of the appointed member:
Provided further, That the elected member of a county board of
education and the appointed member of the State Board of Education
shall pay the entire cost of the premium if he or she elects to be covered under this article. Any matters of doubt as to who is an
employee within the meaning of this article shall be decided by the
director.
On or after the first day of July, one thousand nine hundred
ninety-seven, a person shall be considered an "employee" if that
person meets the following criteria:
(i) Participates in a job-sharing arrangement as defined in
section one, article one, chapter eighteen-a of this code;
(ii) Has been designated, in writing, by all other
participants in that job-sharing arrangement as the "employee" for
purposes of this section; and
(iii) Works at least one third of the time required for a
full-time employee.
(4) "Employer" means the State of West Virginia, its boards,
agencies, commissions, departments, institutions or spending units;
a county board of education; a county, city or town in the state;
any separate corporation or instrumentality established by one or
more counties, cities or towns, as permitted by law; any
corporation or instrumentality supported in most part by counties,
cities or towns; any public corporation charged by law with the
performance of a governmental function and whose jurisdiction is
coextensive with one or more counties, cities or towns; any
comprehensive community mental health center or comprehensive
mental retardation facility established, operated or licensed by
the Secretary of Health and Human Resources pursuant to section
one, article two-a, chapter twenty-seven of this code and which is supported in part by state, county or municipal funds; a combined
city-county health department created pursuant to article two,
chapter sixteen of this code; and a corporation meeting the
description set forth in section three, article twelve, chapter
eighteen-b of this code that is employing a 21st Century Learner
Fellow pursuant to section eleven, article three, chapter eighteen
of this code but the corporation is not considered an employer with
respect to any employee other than a 21st Century Learner Fellow.
Any matters of doubt as to who is an "employer" within the meaning
of this article shall be decided by the director. The term
"employer" does not include within its meaning the National Guard.
(5) "Finance board" means the Public Employees Insurance
Agency finance board created by this article.
(6) "Person" means any individual, company, association,
organization, corporation or other legal entity, including, but not
limited to, hospital, medical or dental service corporations;
health maintenance organizations or similar organization providing
prepaid health benefits; or individuals entitled to benefits under
the provisions of this article.
(7) "Plan", unless the context indicates otherwise, means the
medical indemnity plan, the managed care plan option or the group
life insurance plan offered by the agency.
(8) "Retired employee" means an employee of the state who
retired after the twenty-ninth day of April, one thousand nine
hundred seventy-one, and an employee of the Higher Education Policy
Commission, the council for community and technical college education, a state institution of higher education or a county
board of education who retires on or after the twenty-first day of
April, one thousand nine hundred seventy-two, and all additional
eligible employees who retire on or after the effective date of
this article, meet the minimum eligibility requirements for their
respective state retirement system and whose last employer
immediately prior to retirement under the state retirement system
is a participating employer:
Provided, That for the purposes of
this article, the employees who are not covered by a state
retirement system but who are covered by a state approved or state
contracted retirement program shall, in the case of education
employees, meet the minimum eligibility requirements of the State
Teachers' Retirement System and in all other cases, meet the
minimum eligibility requirements of the Public Employees Retirement
System.
NOTE: The purpose of this bill is to provide state health care
services for all active and inactive duty military personnel.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.