WEST virginia legislature
2022 regular session
Committee Substitute
for
Senate Bill 205
By Senators Maroney, Stollings, Lindsay, and Plymale
[Originating in the Committee on Government Organization; reported on February 25, 2022]
A BILL to amend and reenact §5-16-4 of the Code of West Virginia, 1931, as amended, relating to the expansion of membership of the Public Employees Insurance Agency Finance Board; increasing number of appointed members on board; designating interests to be represented by additional appointed members of board; and making technical changes throughout.
Be it enacted by the Legislature of West Virginia:
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§5-16-4. Public Employees Insurance Agency Finance Board continued; qualifications, terms, and removal of members; quorum; compensation and expenses; termination date.
(a) The Public Employees
Insurance Agency Finance Board is continued and consists of the Secretary of
the Department of Administration or his or her designee, as a voting member,
and eight 10 members appointed by the Governor, with the advice
and consent of the Senate, for terms of four years and each may serve until his
or her successor is appointed and qualified. Members may be reappointed for
successive terms. No more than five six members, including the
Secretary of the Department of Administration, may be of the same political
party. Effective July 1, 2017, members of the board shall satisfy the
qualification requirements provided for by subsection (b) of this section: Provided,
That any member serving upon the effective date of this section who does not
satisfy a requirement of subsection (b) of this section may continue to
serve until his or her successor has been appointed and qualified. The Governor
shall make appointments necessary to satisfy the requirements of subsection (b)
of this section to staggered terms as determined by the Governor.
(b) (1) Of the eight
10 members appointed by the Governor with advice and consent of the
Senate:
(A) One member shall
represent the interests of education employees. The member must shall
hold a bachelor’s degree, must shall have obtained teacher
certification, must shall be employed as a teacher for a period
of at least three years prior to his or her appointment, and must shall
remain a teacher for the duration of his or her appointment to remain eligible
to serve on the board.
(B) One member shall
represent the interests of public employees. The member must shall
be employed to perform full- or part-time service for wages, salary, or
remuneration for a public body for a period of at least three years prior to
his or her appointment and must shall remain an employee of a
public body for the duration of his or her appointment to remain eligible to
serve on the board.
(C) One member shall
represent the interests of retired employees. The member must shall
meet the definition of retired employee as provided in §5-16-2 of this code.
(D) One member shall
represent the interests of a participating political subdivision. The member must
shall have been employed by a political subdivision for a period of at
least three years prior to his or her appointment and must shall
remain an employee of a political subdivision for the duration of his or her
appointment to remain eligible to serve on the board. The member may not be an
elected official.
(E) One member shall represent the interests of hospitals. The member shall have been employed by a hospital for a period of at least three years prior to his or her appointment and shall remain an employee of a hospital for the duration of his or her appointment to remain eligible to serve on the board.
(F) One member shall
represent the interests of non-hospital health care providers. The member shall have owned his or her non-hospital health care provider business
for a period of at least three years prior to his or her appointment and shall
maintain ownership of his or her non-hospital health care provider business for
the duration of his or her appointment to remain eligible to serve on the board.
(E)(G) Four
members must shall be selected from the public at large, meeting
the following requirements:
(i) One member selected
from the public at large must shall generally have knowledge and
expertise relating to the financing, development, or management of employee
benefit programs;
(ii) One member selected
from the public at large must shall have at least three years of
experience in the insurance benefits business;
(iii) One member selected
from the public at large must shall be a certified public
accountant with at least three years of experience with financial management
and employee benefits program experience; and
(iv) One member selected
from the public at large must shall be a health care actuary or
certified public accountant with at least three years of financial experience
with the health care marketplace.
(2) No member of the board may be a registered lobbyist.
(3) All appointments shall be selected to represent the different geographical areas within the state and all members shall be residents of West Virginia. 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 Secretary of the
Department of Administration shall serve as chair of the finance board, which
shall meet at times and places specified by the call of the chair or upon the
written request to the chair of by at least two members. The
Director of the Public Employees Insurance Agency shall serve as staff to the
board. Notice of each meeting shall be given in writing to each member by the
director at least three days in advance of the meeting. Five Six
members shall constitute a quorum. The board shall pay each member the same
compensation and expense reimbursement that is paid to members of the
Legislature for their interim duties for each day or portion of a day engaged
in the discharge of official duties.
(d) Upon termination of the
board and notwithstanding any provisions in of 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 legislative rule proposed
by the director for promulgation pursuant to the provisions of §29A-3-1 et
seq. of this code. Any employee assessments or costs previously authorized
by the finance board shall then remain in effect until amended by rule of the
director promulgated pursuant to this subsection.