SB 291 Text

Senate Bill No. 291
(By Senators Foster and Plymale)
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[Introduced February 18, 2009; referred to the Committee on Pensions; and then to the Committee on Finance.]
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A BILL to amend and reenact §16-5V-32 of the Code of West Virginia, 1931, as amended, relating to funding health insurance coverage for certain retirees in the Emergency Medical Services Retirement System.

Be it enacted by the Legislature of West Virginia:
That §16-5V-32 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 5V.á EMERGENCY MEDICAL SERVICES RETIREMENT SYSTEM ACT.

§16-5V-32. Effective date; report to Joint Committee on Government and Finance; special starting date for benefits.

(a) The provisions of this article become effective January 1, 2008: Provided, That no payout of any benefits may be made to any person prior to January 1, 2011: Provided, however, That emergency medical services officers who retire due to a duty disability pursuant to this article may begin receiving the benefits at the rate and in the amount specified in this article from this fund after June 30, 2008: Provided further, That until June 30, 2008, those emergency medical services officers who retire due to a duty disability pursuant to this article may draw benefits from this fund at the rate and in the amount set forth in section twenty-five, article ten, chapter five of this code.
(b) During the thirty-six-month period before the payout of benefits begins, the Joint Committee on Government and Finance shall cause an interim study or studies to be conducted on the potential effects of the implementation of this retirement system, including, but not limited to, potential funding mechanisms to provide health insurance coverage for retirees in the fifty to fifty-five-year age group: Provided, That after the effective date of this provision, the Director of the Public Employees Insurance Agency shall propose a rule for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code governing the funding of health insurance coverage for retirees under the plan provided in this article who are in the fifty to fifty-five year age group, which rule may be filed as an emergency rule: ~~Provided, however,~~ That any rule filed as an emergency rule pursuant to this subsection shall be refiled at the earliest opportunity as a legislative rule for review and promulgation in accordance with the provisions of article three, chapter twenty-nine-a of this code include in the insurance plan document filed in the office of the Secretary of State as 151 CSF 1 provisions governing the funding of health insurance benefits for retirees under the plan provided in this article who are in the fifty to fifty-five-year age group.

NOTE: The purpose of this bill is to clarify that the Public Employees Insurance Agency is exempt from filing insurance plan document provisions under the requirements of article three, chapter twenty-nine-a of this code.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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