H. B. 502
(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
[Introduced November 13, 2005.]
A BILL to amend and reenact §23-4B-1, §23-4B-2, §23-4B-3, §23-4B-4,
§23-4B-5, §23-4B-7 and §23-4B-9 of the Code of West Virginia,
1931, as amended, relating to the Coal-workers' Pneumoconiosis
Fund; providing that the Coal-workers' Pneumoconiosis Fund
shall provide coverage for any claim with a date of last
exposure on or before the thirty-first day of December,
two-thousand five; transferring administrative duties of the
Coal-workers' Pneumoconiosis Fund from the Executive Director
of the Workers' Compensation Commission to the Insurance
Commission; and providing that the West Virginia Employers'
Mutual Insurance Company shall offer insurance to provide for
the benefits required under article four-b of chapter
twenty-three of the Code of West Virginia following the
termination of the Workers' Compensation Commission until the
thirty-first day of December, two thousand eight.
Be it enacted by the Legislature of West Virginia:
That §23-4B-1, §23-4B-2, §23-4B-3, §23-4B-4, §23-4B-5,
§23-4B-7 and §23-4B-9 of the Code of West Virginia, 1931, as
amended, be amended and reenacted, to read as follows:
ARTICLE 4B. COAL-WORKERS' PNEUMOCONIOSIS FUND.
§23-4B-1. Purpose.
The purpose of this article is to establish a fund to provide
benefits to coal miners who are totally disabled by pneumoconiosis
and to eligible dependents of coal miners whose deaths were due to
pneumoconiosis or who were totally disabled from pneumoconiosis at
time of their deaths. The further purpose of this article is to
provide a readily available insurer of liability created by Title
IV of the Federal Coal Mine Health and Safety Act of 1969, as
amended,
for claims incurred under said Act, including claims which
were incurred but not reported, for any claim with a date of last
exposure on or before the thirty-first day of December, two
thousand five.
§23-4B-2. Coal-Workers' Pneumoconiosis Fund established.
For the relief of persons who are entitled to receive benefits
by virtue of Title IV of the federal Coal Mine Health and Safety
Act of 1969, as amended,
for claims incurred under said Act,
including claims which were incurred but not reported, for any
claim with a date of last exposure on or before the thirty-first
day of December, two thousand five, there is continued a fund to be known as the Coal-Workers' Pneumoconiosis fund, which fund shall be
separate from the workers' compensation fund. The Coal-Workers'
Pneumoconiosis Fund shall consist of premiums and other funds paid
to the fund by employers, subject to the provisions of Title IV of
the federal Coal Mine Health and Safety Act of 1969, as amended,
who shall elect to subscribe to the fund to ensure the payment of
benefits required by the act
for claims incurred under said Act,
including claims which were incurred but not reported, for any
claim with a date of last exposure on or before the thirty-first
day of December, two thousand five.
The state treasurer shall be the custodian of the
Coal-Workers' Pneumoconiosis Fund, and all premiums, deposits or
other moneys paid to the fund shall be deposited in the state
treasury to the credit of the Coal-Workers' Pneumoconiosis Fund.
Disbursements from the fund shall be made upon requisition signed
by the Executive Director of the Workers' Compensation Commission
to those persons entitled to participate in the fund:
Provided,
That effective upon the termination of the Workers' Compensation
Commission, disbursement from the Coal-workers' Pneumoconiosis Fund
shall be made upon requisitions signed by the Insurance
Commissioner and the Insurance Commissioner shall collect any
unpaid premium and deposit the same in said fund. The West
Virginia
state board of investments Investment Management Board may
invest any surplus, reserve or other moneys belonging to the Coal-Workers' Pneumoconiosis Fund in accordance with article six,
chapter twelve of this code.
§23-4B-3. To whom benefits paid.
Only those classes of persons who are entitled to benefits
under Title IV of the Federal Coal Mine Health and Safety Act of
1969, as amended,
for claims incurred under said Act, including
claims which were incurred but not reported, for any claim with a
date of last exposure on or before the thirty-first day of
December, two thousand five, are eligible to participate in the
Coal-Workers' Pneumoconiosis fund.
§23-4B-4. Who may subscribe.
Only those employers who are subject to the provisions of
Title IV of the Federal Coal Mine Health and Safety Act of 1969, as
amended, may elect to subscribe to the Coal-Workers' Pneumoconiosis
Fund to insure such liability as may be imposed upon such employers
under the provisions of Title IV of said act.
Coverage by the
Coal-workers' Pneumoconiosis Fund will be provided only for claims
incurred under said Act, including claims which were incurred but
not reported, for any claim with a date of last exposure on or
before the thirty-first day of December, two thousand five.
§23-4B-5. Payment of benefits.
Upon receipt of an order of compensation issued pursuant to a
claim for benefits filed under the provisions of Title IV of the
federal Coal Mine Health and Safety Act of 1969, as amended,
for a claim incurred with a date of last exposure on or before the
thirty-first day of December, two thousand five, the executive
director shall disburse the Coal-Workers' Pneumoconiosis Fund in
the amounts and to the persons as directed by the order:
Provided,
That effective upon the termination of the Workers' Compensation
Commission, disbursement from the Coal-workers' Pneumoconiosis Fund
shall be made upon requisitions signed by the Insurance
Commissioner.
§23-4B-7. Administration.
(a) The Coal-Workers' Pneumoconiosis fund shall be
administered by the Executive Director of the Workers' Compensation
Commission, who shall employ any employees necessary to discharge
his or her duties and responsibilities under this article. All
payments of salaries and expenses of the employees and all expenses
peculiar to the administration of this article shall be made by the
state treasurer from the Coal-Workers' Pneumoconiosis fund upon
requisitions signed by the Executive Director.
(b) Notwithstanding any provision of this code to the
contrary, effective from the termination of the Workers'
Compensation Commission, the Coal-Workers' Pneumoconiosis Fund
shall be administered by the Insurance Commissioner, who shall
employ any employees and contract with any parties necessary to
discharge his or her duties and responsibilities under this
article. All payments of salaries and expenses of the employees and all expenses peculiar to the administration of this article
shall be made by the state treasurer from the Coal-workers'
Pneumoconiosis Fund upon requisitions signed by the Insurance
Commissioner: Provided, That the company shall be the
administrator of the coal-workers' pneumoconiosis fund for a term
not to exceed one year following the termination of the Workers'
Compensation Commission pursuant to an agreement to be entered into
between the Insurance Commission and the Company prior to the
termination of the Workers' Compensation Commission: Provided
further, That any contract entered into by the Insurance Commission
for the administration of the Coal-workers' pneumoconiosis fund
thereafter shall be subject to the procedures set forth in article
three chapter five-a of this code.
§23-4B-9. Closure of Coal-Workers Pneumoconiosis Fund and Coverage
provided by the successor of the commission.
Upon the termination of the Commission,
all assets,
obligations and liabilities resulting from this article are
transferred to the successor of the commission. The state
treasurer and all other departments, agencies and boards shall
cooperate to ensure this novation occurs in a expedient and orderly
fashion. Thereafter, the Coal-workers Pneumoconiosis Fund shall
close and the company shall offer insurance to provide for the
benefits required by this article until at least the
thirtieth day
of June thirty-first day of December, two thousand eight.
All claims payment obligations and indemnity and medical administrative
expenses necessary for the administration of claims, actual and
incurred but not reported, for any claim with a date of last
exposure on or before the thirty-first day of December, two
thousand five, shall be an obligation of the Coal-Workers'
Pneumoconiosis Fund created in this article and not of the company.
NOTE:
The purpose of this bill is to direct that Coal-Worker
Pneumoconiosis Fund ("CWP") assets accrued and liabilities incurred
prior to termination of the Workers' Compensation Commission ("the
Commission") remain with the State of West Virginia and that the
West Virginia Employers' Mutual Insurance Company ("the Company")
offer insurance related to the CWP Fund's coverage responsibilities
upon termination of the Commission.