H. B. 2139
(By Delegates Martin and Love)
[Introduced February 16, 1993; referred to the
Committee on Government Organization.]
A BILL to amend and reenact section four, article sixteen,
chapter five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to continuation of
the public employees insurance agency finance board.
Be it enacted by the Legislature of West Virginia:
That section four, article sixteen, chapter five of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§5-16-4. Public employees insurance agency finance board
created; qualifications, terms and removal of members;
quorum; compensation and expenses; termination date.
(a) There is hereby created the public employees insurance
agency finance board, which shall consist of the director and
four members appointed by the governor with the advice and
consent of the Senate for terms of four years and until the
appointment of their successors:
Provided,
That the members
initially appointed by the governor shall be appointed not laterthan the tenth day of September, one thousand nine hundred
ninety, and may serve and may perform the duties required by this
article until such time as the Senate may convene to give its
advice and consent. Of the members first appointed, one shall be
appointed for a term of one year, one for two years, one for
three years, and one for four years. Members may be reappointed
for successive terms. No more than three members (including the
director) may be of the same political party.
(b) Of the four members appointed by the governor, one
member shall represent the interests of education employees, one
shall represent the interests of public employees and two shall
be selected from the public at large. The two members appointed
from the public shall each have experience in the financing,
development or management of employee benefit programs. No
member may be removed from office by the governor except for
official misconduct, incompetence, neglect of duty, neglect of
fiduciary duty or other specific responsibility imposed by this
article, or gross immorality.
(c) The director shall serve as chairperson of the finance
board, which shall meet at such time and place as shall be
specified by the call of the director or upon the written request
to the director of at least two members. Notice of each meeting
shall be given in writing to each member by the director at least
three days in advance of the meeting. Three members shall
constitute a quorum. Members may be compensated fifty dollars
for each day or portion of a day actually spent in the
performance of their duties and may be reimbursed for reasonable
and necessary expenses actually incurred in the performance oftheir duties.
(d) The finance board shall terminate on the thirtieth first
day of June July, one thousand nine hundred ninety-three ninety-
four, unless extended by legislation enacted before the
termination date.
(e) Upon termination of the board and notwithstanding any
provisions in this article to the contrary, the director is
authorized to assess monthly employee premium contributions and
to change the types and levels of costs to employees only in
accordance with this subsection. Any assessments or changes in
costs imposed pursuant to this subsection shall be implemented by
rules and regulations of the director promulgated pursuant to the
provisions of chapter twenty-nine-a of this code. Any employee
assessments or costs authorized by the finance board shall remain
in effect until amended by rule or regulation of the director
promulgated pursuant to this subsection.
NOTE: This bill provides for the continuation of the PEIA
finance board until July 1, 1994.
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