Senate Bill No. 154
(By Senators Unger, Foster and Hunter)
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[Introduced January 10, 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 in exchange for and in
recognition of their assumption of extended periods of active
duty in combat areas; establishing a Service Members' Life
Insurance Reimbursement Fund in the State Treasury; requiring
promulgation of emergency rules; and providing for
appropriations to the fund.
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) The West Virginia National Guard has a proud tradition of
military service with thousands of West Virginians serving the
state and the nation in the National Guard;
(2) There have been instances in which the dependents of
members of the West Virginia National Guard have been left without
adequate financial resources when a National Guard member has been
killed while on active duty;
(3) Members of the West Virginia National Guard are now being
asked to serve extended periods of active duty in combat areas;
(4) Members of the West Virginia National Guard are eligible
for life insurance policies that are currently limited to two
hundred fifty thousand dollars through the federal service members'
group life insurance program; and
(5) Members of the West Virginia National Guard provide West
Virginia and its citizens valuable benefits through both their
service inside this state and through their recently extended
periods of active duty in combat areas outside of West Virginia,
and in exchange for these extended periods of active duty 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'
Life Insurance Reimbursement Fund is to provide a benefit to all
members of the West Virginia National Guard in exchange for and in recognition of their assumption of extended periods of active duty
in combat areas, in addition to their increased contributions to
the safety and welfare of the citizens of the State of West
Virginia.
(c) The "West Virginia Service Members' Life Insurance
Reimbursement Fund" is hereby created in the State Treasury. The
fund shall consist 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 Legislature finds that one million two hundred
thousand dollars is needed to fully fund the Service Members' Life
Insurance Reimbursement Fund herein established. The Legislature
may appropriate by a separate appropriation bill these funds for
expenditure in fiscal years two thousand eight and two thousand
nine to pay premium reimbursements pursuant to the provisions of
this section. Any unexpended or unencumbered balance remaining at
the end of fiscal years two thousand eight, two thousand nine shall
revert to the General Fund.
(h) 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 in exchange for and in recognition of their service
in this state and their assumption of extended periods of active
duty in combat areas.
This section is new, therefore, strike-throughs and
underscoring have been omitted.