Senate Bill No. 726
(By Senators Unger, Hunter and Foster)
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[Introduced February 20, 2006; 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 six and
two thousand seven 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 six,
two thousand seven 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.