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word 'repealed'".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.