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Introduced Version House Bill 2406 History

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Key: Green = existing Code. Red = new code to be enacted
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H. B. 2406


(By Mr. Speaker, (Mr. Thompson) and Delegate Armstead)

[By Request of the Executive]

[Introduced February 16, 2009; referred to the

Committee on Pensions and Retirement then the Judiciary.]




A BILL to amend and reenact §11-8-26 of the Code of West Virginia, 1931, as amended, relating to unlawful expenditures by a local fiscal body; and clarifying that a local fiscal body or its duly authorized officials shall not be held personally or criminally liable for certain deficits relating to the unfunded actuarial accrued liability of the West Virginia Retiree Health Benefit Trust Fund and annual required employer contributions.

Be it enacted by the Legislature of West Virginia:
That §11-8-26 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 8. LEVIES.
§11-8-26. Unlawful expenditures by local fiscal body.
(a) Except as provided in sections fourteen-b, twenty-five-a and twenty-six-a of this article, a local fiscal body shall not expend money or incur obligations:
(1) In an unauthorized manner;
(2) For an unauthorized purpose;
(3) In excess of the amount allocated to the fund in the levy order; or
(4) In excess of the funds available for current expenses.
(b) Notwithstanding the foregoing and any other provision of law to the contrary, a local fiscal body or its duly authorized officials shall not be penalized for held personally or criminally liable for:
(1) A casual deficit which does not exceed its approved levy estimate by more than three percent: Provided, That such casual deficit be is satisfied in the levy estimate for the succeeding fiscal year; or
(2) Any amount for which the local fiscal body or its duly authorized officials are determined to be liable for the unfunded actuarial accrued liability of the West Virginia Retiree Health Benefit Trust Fund, or any amount allocated to the local fiscal body or its duly authorized officials as an employer annual required contribution that exceeds the minimum annual employer payment component of the contribution, all as provided under article sixteen-d, chapter five of this code.





NOTE: The purpose of this bill is to clarify that local fiscal bodies shall not be held personally or criminally liable for certain deficits caused by the unfunded actuarial accrued liability of the West Virginia Retiree Health Benefit Trust Fun or amounts for the annual required employer contribution over and above the minimum annual employer premium payment for other post-employment benefits.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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