Senate Bill No. 139
(By Senators Foster, Jenkins, Hunter and Unger)
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[Introduced January 9, 2008; referred to the Committee on Banking
and Insurance; and then to the Committee on Finance.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §15-1B-27, relating
to creating a fund to reimburse group life insurance premiums
paid by members of the National Guard called to active duty in
combat areas; establishing a Service Members' Group Life
Insurance Reimbursement Fund in the State Treasury; and
promulgation of emergency rules.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §15-1B-27, to read as
follows:
ARTICLE 1B. NATIONAL GUARD.
§15-1B-27. Reimbursement of group life insurance premiums.
(a) The Legislature finds that:
(1) Members of the West Virginia National Guard are being called in record number to serve extended periods of active duty in
combat areas, leaving behind spouses and dependents;
(2) Members of the West Virginia National Guard are eligible
for life insurance policies through the federal service members'
group life insurance program, but must pay those premiums at a time
when many members are experiencing a reduction in income due to
leaving employment for their military service; and
(3) Members of the West Virginia National Guard proudly serve
West Virginia and the United States, and in recognition for
service of extended periods of active duty in combat areas they
should receive assistance with their premiums for the federal
service members' group life insurance program.
(b) The purpose of creating and funding the Service Members'
Group Life Insurance Reimbursement Fund is to provide a benefit to
members of the West Virginia National Guard while serving extended
periods of active duty in combat areas.
(c) The "West Virginia Service Members' Group Life Insurance
Reimbursement Fund" is hereby created in the State Treasury. The
fund consists of legislative appropriations to the fund, gifts,
grants, donations, bequests and income from investment of the fund.
(d) The fund shall be administered by the Department of
Military Affairs and Public Safety and money in the fund is
appropriated to the Department of Military Affairs and Public
Safety for the purpose of reimbursing eligible members of the West Virginia National Guard for premiums paid for benefits under the
service members' group life insurance program pursuant to 38 U.S.C
Section 1965 et seq., as amended.
(e) The Secretary of the Department of Military Affairs and
Public Safety shall promulgate emergency rules pursuant to the
provisions of section fifteen, article three, chapter twenty-nine-a
of this code to determine eligibility for reimbursement from the
Service Members' Life Insurance Reimbursement Fund and to implement
a reimbursement program.
(f) Nothing in this section is intended to alter, amend or
change the eligibility or applicability of the service members'
group life insurance program pursuant to 38 U.S.C. Section 1965 et
seq., as amended, or any rights, responsibilities or benefits
thereunder.
(g) The provisions of this section apply to premiums paid on
or after the effective date of this section.
NOTE: The purpose of this bill is to create a fund to
reimburse group life insurance premiums paid by members of the
National Guard while they are serving periods of active duty in
combat areas.
This section is new, therefore, strike-throughs and
underscoring have been omitted.
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