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ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4299
(By Delegates White, Campbell, Michael and Ross)
[Passed March 11, 2010; in effect ninety days from passage.]
AN ACT to amend and reenact §5-16-22 of the Code of West Virginia,
1931, as amended, relating to the West Virginia Public
Employees Insurance Agency; providing that retired employees
who retire on or after July 1, 2010,
who have participated in
the plan as active employees for less than five years and who
were employed by an employer that is not participating in the
Public Employees Insurance Agency insurance program are
responsible for the entire premium cost for coverage
;
providing an exception.
Be it enacted by the Legislature of West Virginia:
That §5-16-22 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§5-16-22. Permissive participation; exemptions.
The provisions of this article are not mandatory upon any
employee or employer who is not an employee of or is not the State
of West Virginia, its boards, agencies, commissions, departments,
institutions or spending units or a county board of education, and
nothing contained in this article may be construed so as to compel
any employee or employer to enroll in or subscribe to any insurance
plan authorized by the provisions of this article.
Those employees enrolled in the insurance program authorized
under the provisions of article two-b, chapter twenty-one-a of this
code may not be required to enroll in or subscribe to an insurance
plan or plans authorized by the provisions of this article, and the
employees of any department which has an existing insurance program
for its employees to which the government of the United States
contributes any part or all of the premium or cost of the premium
may be exempted from the provisions of this article. Any employee
or employer exempted under the provisions of this paragraph may
enroll in any insurance program authorized by the provisions of
this article at any time, to the same extent as any other qualified
employee or employer, but employee or employer may not remain
enrolled in both programs. The provisions of articles fourteen,
fifteen and sixteen, chapter thirty-three of this code, relating to
group life insurance, accident and sickness insurance, and group
accident and sickness insurance, are not applicable to the
provisions of this article whenever the provisions of articles fourteen, fifteen and sixteen, chapter thirty-three of this code
are in conflict with or contrary to any provision set forth in this
article or to any plan or plans established by the Public Employees
Insurance Agency.
Employers, other than the State of West Virginia, its boards,
agencies, commissions, departments, institutions, spending units or
a county board of education are exempt from participating in the
insurance program provided for by the provisions of this article
unless participation by the employer has been approved by a
majority vote of the employer's governing body. It is the duty of
the clerk or secretary of the governing body of an employer who by
majority vote becomes a participant in the insurance program to
notify the director not later than ten days after the vote.
Any employer, whether the employer participates in the Public
Employees Insurance Agency insurance program as a group or not,
which has retired employees, their dependents or surviving
dependents of deceased retired employees who participate in the
Public Employees Insurance Agency insurance program as authorized
by this article, shall pay to the agency the same contribution
toward the cost of coverage for its retired employees, their
dependents or surviving dependents of deceased retired employees as
the State of West Virginia, its boards, agencies, commissions,
departments, institutions, spending units or a county board of
education pay for their retired employees, their dependents and surviving dependents of deceased retired employees, as determined
by the finance board: Provided, That after June 30, 1996, an
employer not mandated to participate in the plan is only required
to pay a contribution toward the cost of coverage for its retired
employees, their dependents or the surviving dependents of deceased
retired employees who elect coverage when the retired employee
participated in the plan as an active employee of the employer for
at least five years
:
Provided, however, That those retired
employees of an employer not participating in the plan who retire
on or after July 1, 2010, who have participated in the plan as
active employees of the employer for less than five years are
responsible for the entire premium cost for coverage and the Public
Employees Insurance Agency shall bill for and collect the entire
premium from the retired employees, unless the employer elects to
pay the employer share of the premium.
Each employer is hereby
authorized and required to budget for and make such payments as are
required by this section.