H. B. 4392
(By Delegates Martin, Caputo, Klempa, Fragale )
[Introduced February 8, 2010
; referred to the
Committee on Pensions and Retirement then Finance.]
A BILL to amend and reenact §5-10D-6 of the Code of West Virginia,
1931, as amended, relating to voluntary deductions by the
Consolidated Public Retirement Board from monthly benefits to
retirees to pay association dues; permitting retiree
associations to receive increased dues by certifying to the
Consolidated Public Retirement Board current increased dues
without retirees written approval; and requiring the
Consolidated Public Retirement Board and other public
retirement systems to provide retiree associations or
organizations lists of plan beneficiaries and addresses for
blind mailings purposes.
Be it enacted by the Legislature of West Virginia:
That §5-10D-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 10D. CONSOLIDATED PUBLIC RETIREMENT BOARD.
§5-10D-6. Voluntary deductions by the Consolidated Public
Retirement Board from monthly benefits to retirees
to pay association dues.
Any recipient of monthly retirement benefits from any public
retirement plan in this state may authorize that a deduction from
his or her monthly benefits be made for the payment of membership
dues or fees to a retiree association. The deductions shall be
authorized on a form provided by the Consolidated Public Retirement
Board and shall include: (a) The identity and social security
number of the retiree; (b) the amount and frequency of the
deduction; (c) the identity and address of the association to which
the dues or fees shall be paid; and (d) the signature of the
retiree.
Upon execution of the authorization and its receipt by
the Consolidated Public Retirement Board, Any retiree association
so authorized shall certify to the Consolidated Public Retirement
Board the current rate of monthly dues. The deduction shall be
made on the tenth day of each month:
Provided, That the deduction
may not be made more frequently than monthly. Deduction
authorizations may be revoked at any time at least thirty days
prior to the date on which the deduction is regularly made and on
a form to be provided by the Consolidated Public Retirement Board.
Notwithstanding the provisions of section twenty-one, article eight, chapter five-a of this code to the contrary, a retiree
association is entitled to mail information and voluntary
membership applications and dues deduction cards to eligible
beneficiaries of any public retirement plan, including retirees of
the Public Employees Retirement System, Deputy Sheriff Retirement
System, any Policemen's or Firemen's Pension and Retirement Fund,
Municipal Employees Retirement and Benefit Fund, West Virginia
State Police Retirement System, Emergency Medical Services
Retirement System, State Teachers Retirement System, Teachers'
Defined Contribution Retirement System and the Retirement System
for Judges of Courts of Record. The retiree association shall pay
all costs associated with its mailings. The Consolidated Public
Retirement Board and any retiree organization under this section
shall agree on the method of providing a list of plan beneficiaries
and their addresses to accomplish the mailings while preserving the
confidentiality of the list. The agreement may include providing
the list to a third party in the business of providing mailing
services if the third party agrees to maintain the confidentiality
of the list. The Consolidated Public Retirement Board may not be
responsible or liable to retired beneficiaries for providing the
names and addresses as provided in this section.
NOTE: The purpose of this bill is to require the Consolidated Public Retirement Board to deduct from monthly benefits to retirees
sums to pay retiree association dues. This is accomplished by
changing existing statute and permitting retiree associations to
receive dues by certifying to the Consolidated Public Retirement
Board the amount of current dues without a retiree's written
approval which is currently necessary. The bill also requires the
Consolidated Public Retirement Board and all other public
retirement systems in the state to provide retiree associations or
organizations lists of plan beneficiaries and addresses for blind
mailings purposes. This is currently prohibited by the provisions
of §5A-8-21, enacted in 2004.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.