H. B. 2143
(By Delegates Gallagher, Douglas, Compton, Linch,
Faircloth and Riggs)
(Introduced January 23, 1995; referred to the
Committee on Pensions and Retirement then the
Judiciary.)



A BILL to amend and reenact section nine, article two, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the consolidated public retirement board to promulgate legislative rules relating to benefit determination and appeal.

Be it enacted by the Legislature of West Virginia:

That section nine, article two, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, to read as follows:
ARTICLE 2. AUTHORIZATION FOR DEPARTMENT OF ADMINISTRATION TO PROMULGATE LEGISLATIVE RULES.

§64-2-9. Consolidated public retirement board.

(a) The legislative rules filed in the state register on the fifth day of November, one thousand nine hundred ninety-one, modified by the consolidated public retirement board to meet the objections of the legislative rule-making review committee and refiled in the state register on the sixteenth day of September, one thousand nine hundred ninety-two, relating to the consolidated public retirement board (general provisions), are authorized.
(b) The legislative rules filed in the state register on the fifth day of November, one thousand nine hundred ninety-one, modified by the consolidated public retirement board to meet the objections of the legislative rule-making review committee and refiled in the state register on the sixteenth day of December, one thousand nine hundred ninety-two, relating to the consolidated public retirement board (public employees retirement system), are authorized with the amendment set forth below:
"On page one, subsection §162-5-2 after the word 'hereby' by striking out the word 'appealed' and inserting in lieu thereof the word 'repealed'".
(c) The legislative rules filed in the state register on the fifth day of November, one thousand nine hundred ninety-one, modified by the consolidated public retirement board to meet the objections of the legislative rule-making review committee and refiled in the state register on the sixteenth day of December, one thousand nine hundred ninety-two, relating to the consolidated public retirement board (teachers' defined benefit retirement system), are authorized with the amendment set forth below:
"On page one, subsection §162-4-2 after the word 'hereby' by striking out the word 'appealed' and inserting in lieu thereof the word 'repealed'".
(d) The legislative rules filed in the state register on the fourth day of November, one thousand nine hundred ninety-one, modified by the consolidated public retirement board to meet the objections of the legislative rule-making review committee and refiled in the state register on the sixteenth day of September, one thousand nine hundred ninety-two, relating to the consolidated public retirement board (teachers' defined contribution system), are authorized.
(e) The legislative rules filed in the state register on the fifth day of November, one thousand nine hundred ninety-one, modified by the consolidated public retirement board to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-second day of January, one thousand nine hundred ninety-three, relating to the consolidated public retirement board (benefit determination and appeal), are authorized.
(f) The legislative rules filed in the state register on the twenty-fifth day of October, one thousand nine hundred ninety-three, modified by the consolidated public retirement board to meet the objections of the legislative rule-making review committee and refiled in the state register on the thirtieth day of June, one thousand nine hundred ninety-four, relating to the consolidated public retirement board (benefit determination and appeal), are authorized.

NOTE: The purpose of this bill is to authorize the Consolidated Public Retirement Board to promulgate legislative rules relating to benefit determination and appeal.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.