H. B. 4163
(By Delegates Shook, Craig and Morgan)
[Introduced January 22, 2010; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact §5-16-22 of the Code of West Virginia,
1931, as amended, relating to the administration of the West
Virginia Public Employees Insurance Agency; specifically,
optional participation by state institutions of higher
education.
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.
(a) 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 shall 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 shall 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
shall 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 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. Each
employer is hereby authorized and required to budget for and make
such payments as are required by this section.
(b) Notwithstanding subsection (a), the governing boards of
state institutions of higher education, as the respective boards
deem appropriate, may participate in the Public Employees Insurance
Agency insurance program, another third-party provided insurance
program or, in the alternative, the boards may separately self-insure, pursuant to section nine, article two, chapter
twenty-three of this code.
NOTE: The purpose of this bill is to allow the governing
boards of state institutions of higher education to participate in
the Public Employees Insurance Agency insurance program; another
third-party insurance program; or, in the alternative, the boards
may separately self-insure.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.