Senate Bill No. 87
(By Senators Manchin, Anderson, Boley,
Grubb and Macnaughtan)
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[Introduced January 20, 1995; referred to the
Committee on Finance and then to the Committee on the
Judiciary.]
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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word 'repealed'".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.