Bill Text: WV SB395 | 2021 | Regular Session | Comm Sub
Bill Title: Expanding PEIA Finance Board membership
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2021-03-24 - To House Finance [SB395 Detail]
Download: West_Virginia-2021-SB395-Comm_Sub.html
WEST virginia legislature
2021 regular session
Committee Substitute
for
Senate Bill 395
By Senator Maroney
[Originating in the Committee on Finance; reported on March 18, 2021]
A BILL to amend and reenact §5-16-4 of the Code of West Virginia, 1931, as amended, relating to expanding the membership of the Public Employees Insurance Agency Finance Board; providing for qualifications of newly appointed members; defining terms; and making technical corrections.
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; 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 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
article 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.
(E) (F) One member shall represent the interests of
small business. The member shall
have owned his or her business for a period of at least three years prior to
his or her appointment and shall maintain ownership of his or her business for
the duration of his or her appointment to remain eligible to serve on the board. For the purposes of this section,
a “small business” shall mean a private sector business with no more than 35
full-time employees at the time of the appointment of the board member.
(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 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 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.