§5-16-24. Rules for administration of article; eligibility of certain retired employees and dependents of deceased members for coverage; employees on medical leave of absence entitled to coverage; life insurance


Published: 2015

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WEST VIRGINIA CODE











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WVC 5 - 16 - 24

§5-16-24. Rules for administration of article; eligibility of

certain retired employees and dependents of deceased

members for coverage; employees on medical leave of

absence entitled to coverage; life insurance.

The director shall promulgate any necessary rules for the

effective administration of the provisions of this article. Except

as specifically provided in subsection (e), section four of this

article, all rules of the public employees insurance agency and all

hearings held by the public employees insurance agency are exempt

from the provisions of chapter twenty-nine-a of this code. Any

rules promulgated by the public employees insurance board or

director shall remain in full force and effect until they are

amended or replaced by the director.

The rules shall provide that any employee of the state who has

been compelled or required by law to retire before reaching the age

of sixty-five years is eligible to participate in the public

employees' health insurance program at the premium contribution

established by the finance board after any extended coverage to

which he or she, his or her spouse and dependents may be entitled

by virtue of his or her accrued annual leave or sick leave,

pursuant to the provisions of section thirteen of this article, has

expired. Any employee who voluntarily retires, as provided by law,

is eligible to participate in the public employees' health

insurance program at the premium contribution established by the

finance board after any extended coverage to which he or she, his or her spouse and dependents may be entitled by virtue of his or

her accrued annual leave or sick leave, pursuant to the provisions

of section thirteen of this article, has expired: Provided, That

the employee's last employer is a participating employer. The

dependents of any deceased retired employee are entitled to

continue their participation and coverage upon payment of the

premium contribution established by the finance board. In

establishing the cost of health insurance coverage for retired

employees and their spouses and dependents, the finance board, in

its discretion, may cause the claims experience of the retired

employees and their spouses and dependents to be rated separately

from that of active employees and their spouses and dependents, or

may cause the claims experience of retired and active employees,

and their spouses and dependents, to be rated together.

Any employee who is on a medical leave of absence, approved by

his or her employer, is subject to the following provisions of this

paragraph, is entitled to continue his or her coverage until he or

she returns to his or her employment, and the employee and employer

shall continue to pay their proportionate share of premium costs as

provided by this article: Provided, That the employer is obligated

to pay its proportionate share of the premium cost only for a

period of one year: Provided, however, That during the period of

the leave of absence, the employee shall, at least once each month,

submit to the employer the statement of a qualified physician

certifying that the employee is unable to return to work.

Any retiree is eligible to participate in the public

employees' life insurance program, including the optional life

insurance coverage as already available to active employees under

this article, at his or her own expense for the cost of coverage,

based upon actuarial experience; and the director shall prepare, by

rule, for that participation and coverages under declining term

insurance and optional additional coverage for the retirees.





Note: WV Code updated with legislation passed through the 2015 Regular Session

The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.