WEST virginia legislature

2017 regular session

Introduced

House Bill 3077

By Delegate Walters, Fleischauer, Kessinger, Paynter, Evans, E., Storch, Fluharty, Longstreth, Pushkin, Lane and Rowe

[Introduced March 14, 2017; Referred
to the Committee on Banking and Insurance then the Judiciary.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §31A-9-1, relating to preventing discrimination on the basis of sex or marital status by a financial institution or person in relation to the issuance or operation of insurance or pension or retirement plans or coverage.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended and reenacted, by adding thereto a new article, designated §31A-9-1, to read as follows:

status ARTICLE 9. Unlawful to discriminate on basis of sex or marital.

§31A-9-1. Unlawful discriminatory practice for a financial institution or person.

(a) It is an unlawful discriminatory practice for a financial institution or person to discriminate solely on the basis of sex or marital status in the issuance or operation of any type of insurance policy, plan, or coverage or in any pension or retirement plan, program, or coverage, including discrimination in regard to rates or premiums and payments or benefits.

(b) This section does not apply to any insurance policy, plan, or coverage or to any pension or retirement plan, program, or coverage in effect prior to October 1, 1985.

(c) It is not a violation of the prohibition against marital status discrimination in this section for an employer to provide greater or additional contributions to a bona fide group insurance plan for employees with dependents than to those employees without dependents or with fewer dependents.

NOTE: The purpose of this bill is to prevent discrimination on the basis of sex or marital status by a financial institution or person in relation to insurance or pension.

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