Adopted by House 3-10-07
HB2585 HFA DeLong 3-5 #1
The Delegate Poling moves to amend the bill on page one, by
striking section §5-16-2 and inserting in lieu thereof a new §5-16-
2 to read as follows:
"§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 officers
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
officers officer, who works regularly full time in the service of
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; any person
who works regularly full time in the service of the university of
West Virginia board of trustees or the board of directors of the
state college system 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; and 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 further, 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, 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; and 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 university of West
Virginia board of trustees, or the board of directors of the state
college system, 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."