WEST virginia Legislature
2017 regular session
By
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to the Committee on Banking and Insurance then 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 firefighting.
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 firefighting efforts. The Insurance Commissioner shall determine
the reduced premiums to be paid for those periods when the firefighters are not
actively engaged in firefighting 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 firefighting. The Insurance Commissioner is to determine
the premiums.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.