Introduced Version
House Bill 2959 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2959
(By Delegates Eldridge, R. Phillips, Longstreth,
Young, Sponaugle, Campbell, Tomblin and M. Poling)
[Introduced March 18, 2013; referred to the
Committee on Finance.]
A BILL to amend and reenact §23-2-1b of the Code of West Virginia,
1931, as amended, relating to workers' compensation; employers
and employees subject to coverage; and providing that paid
county or municipal fire departments and duly incorporated
volunteer fire departments pay reduced premiums when not
actively engaged in fire fighting.
Be it enacted by the Legislature of West Virginia:
That §23-2-1b of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. EMPLOYERS AND EMPLOYEES SUBJECT TO CHAPTER;
EXTRATERRITORIAL COVERAGE.
§23-2-1b. Special provisions as to premiums.
(a) Except as provided for in subsection (b) of this section,
every executive officer of an association or of a corporation, any
member of a partnership or owner of a sole proprietorship which has
not elected to forgo coverage under this chapter for such officer,
member or owner shall pay premiums based upon the actual salary paid to such employee up to an amount sufficient to qualify such
employee to receive the maximum level of benefits, but in no event
shall the basis for premium be less than the salary necessary to
provide such employee with the minimum level of benefits.
(b) Every executive officer of a not-for-profit association or
of a not-for-profit corporation which has not elected to forgo
coverage under this chapter for such officer, member or owner shall
pay premiums based upon the actual salary paid to such employee up
to an amount sufficient to qualify such employee to receive the
maximum level of benefits, but in no event shall the basis for
premium be less than $100.
(c) Every elected official or officer, whether full time or
part time and including members of the Legislature, whose
governmental entity elects coverage under this chapter for such
elected official or officer, shall pay or have paid for him or her
premiums based upon the actual salary paid to such elected official
or officer up to an amount sufficient to qualify such elected
official or officer to receive the maximum level of benefits, but
in no event shall the basis for premium be less than the salary
necessary to provide such elected official or officer with the
minimum level of benefits. For the purposes of this subsection, an
elected official or officer shall include a person appointed to an
elected position to complete a term for that elected position.
(d) The premium and actual expenses in connection with governmental agencies and departments of the State of West Virginia
shall be paid out of the State Treasury from appropriations made
for such agencies and departments, in the same manner as other
disbursements are made by such agencies and departments.
(e) County commissions, municipalities, other political
subdivisions of the state, county boards of education, emergency
service organizations organized as aforesaid and volunteer fire
departments or companies shall provide for the funds to pay their
prescribed premiums into the fund and such premiums and premiums of
state agencies and departments, including county boards of
education, shall be paid into the fund in the same manner as herein
provided for other employers subject to this chapter.
(f) County commissions and municipalities are hereby
authorized to pay all or any part of the premiums prescribed for
such emergency service organizations organized as aforesaid and
such duly incorporated volunteer fire departments or companies as
may provide services within the county or municipality.
(g) Notwithstanding any other provision of this chapter or law
to the contrary, premiums for paid county or municipal fire
departments and duly incorporated volunteer fire departments or
companies
shall be reduced for those periods that the firefighters
are not actively engaged in fire fighting efforts. The Insurance
Commissioner shall determine the reduced premiums to be paid for
those periods when the firefighters are not actively engaged in fire fighting and
propose rules for legislative approval in
accordance with the provisions of article three, chapter twenty-
nine-a of this code to implement the provisions of this subsection.
NOTE: The purpose of this bill is to provide that paid county
or municipal fire departments and duly incorporated volunteer fire
departments pay reduced workers' compensation premiums when not
actively engaged in fire fighting. The Insurance Commissioner is
to determine the premiums.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.