H. B. 4405
(By Delegates Manchin, Longstreth and D. Poling)
[Introduced February 9, 2010
; referred to the
Committee on Political Subdivisions then Government
Organization.]
A BILL to amend and reenact §5-16-4 of the Code of West Virginia,
1931, as amended, relating to replacing a citizen member with
a municipal or county representative on the Public Employees
Insurance Agency Finance Board.
Be it enacted by the Legislature of West Virginia:
That §5-16-4 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.
§5-16-4. 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:
(1) 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
until the appointment of their successors. Members may be
reappointed for successive terms. No more than five members,
including the Secretary of the Department of Administration, may be
of the same political party.
(b) Of the eight members appointed by the Governor,
(2) One member shall represent the interests of education
employees;
(3) One shall represent the interests of public employees;
(4) One shall represent the interests of retired employees;
(5) One shall represent the interests of organized labor;
(6) One shall represent the interest of a participating
political subdivision; and
(7) four Three shall be selected from the public at large.
(b) The Governor shall appoint the member representing the
interests of education employees from a list of three names
submitted by the largest organization of education employees in this
state.
(c) The Governor shall appoint the member representing the
interests of organized labor from a list of three names submitted
by the state's largest organization representing labor affiliates.
(d) The
four three members appointed from the public shall each
have experience in the financing, development or management of employee benefit programs.
(e) The members shall be appointed by the Governor, with the
advice and consent of the Senate, for terms of four years and
members may serve until the successors are appointed and qualified.
Members may be reappointed for successive terms. No more than five
members, including the Secretary of the Department of
Administration, may be of the same political party.
(f) 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)
(g)
å
å (g) The Secretary of the Department of Administration shall
serve as
chair
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
members constitute a quorum.
(h) The board shall pay each member the same compensation and
expense reimbursement that is paid to members of the Legislature for
their interim duties, as recommended by the Citizens Legislative
Compensation Commission and authorized by law, for each day or portion of a day engaged in the discharge of official duties.
(d) (i) 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 article three, chapter twenty-nine-a 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 change the membership of
the PEIA Financial Board by changing the number of citizen members
from four to three, and requiring the position of the former citizen
member be taken by a person who is an interested person from a
participating political subdivision.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.