§5-16-18. Payment of costs by employer; schedule of insurance; special funds created; duties of Treasurer with respect thereto

Published: 2015

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WVC 5 - 16 - 18

§5-16-18. Payment of costs by employer; schedule of insurance;

special funds created; duties of Treasurer with

respect thereto.

(a) All employers operating from state general revenue or

special revenue funds or federal funds or any combination of those

funds shall budget the cost of insurance coverage provided by the

Public Employees Insurance Agency to current and retired employees

of the employer as a separate line item, titled "PEIA", in its

respective annual budget and are responsible for the transfer of

funds to the director for the cost of insurance for employees

covered by the plan. Each spending unit shall pay to the director

its proportionate share from each source of funds. Any agency

wishing to charge General Revenue Funds for insurance benefits for

retirees under section thirteen of this article shall provide

documentation to the director that the benefits cannot be paid for

by any special revenue account or that the retiring employee has

been paid solely with General Revenue Funds for twelve months prior

to retirement.

(b) If the general revenue appropriation for any employer,

excluding county boards of education, is insufficient to cover the

cost of insurance coverage for the employer's participating

employees, retired employees and surviving dependents, the employer

shall pay the remainder of the cost from its "personal services" or

"unclassified" line items. The amount of the payments for county

boards of education shall be determined by the method set forth in section twenty-four, article nine-a, chapter eighteen of this code:

Provided, That local excess levy funds shall be used only for the

purposes for which they were raised: Provided, however, That after

approval of its annual financial plan, but in no event later than

the thirty-first day of December of each year, the finance board

shall notify the Legislature and county boards of education of the

maximum amount of employer premiums that the county boards of

education shall pay for covered employees during the following

fiscal year.

(c) All other employers not operating from the state General

Revenue Fund shall pay to the director their share of premium costs

from their respective budgets. The finance board shall establish

the employers' share of premium costs to reflect and pay the actual

costs of the coverage including incurred but not reported claims.

(d) The contribution of the other employers (namely: A

county, city or town) in the state; any separate corporation or

instrumentality established by one or more counties, cities or

towns, as permitted by law; any corporation or instrumentality

supported in most part by counties, cities or towns; any public

corporation charged by law with the performance of a governmental

function and whose jurisdiction is coextensive with one or more

counties, cities or towns; any comprehensive community mental

health center or comprehensive mental retardation facility

established, operated or licensed by the Secretary of Health and

Human Resources pursuant to section one, article two-a, chapter twenty-seven of this code, and which is supported in part by state,

county or municipal funds; and a combined city-county health

department created pursuant to article two, chapter sixteen of this

code for their employees shall be the percentage of the cost of the

employees' insurance package as the employers determine reasonable

and proper under their own particular circumstances.

(e) The employee's proportionate share of the premium or cost

shall be withheld or deducted by the employer from the employee's

salary or wages as and when paid and the sums shall be forwarded to

the director with any supporting data as the director may require.

(f) All moneys received by the Public Employees Insurance

Agency shall be deposited in a special fund or funds as are

necessary in the State Treasury and the Treasurer of the state is

custodian of the fund or funds and shall administer the fund or

funds in accordance with the provisions of this article or as the

director may from time to time direct. The Treasurer shall pay all

warrants issued by the State Auditor against the fund or funds as

the director may direct in accordance with the provisions of this

article. All funds received by the agency, including, but not

limited to, basic insurance premiums, administrative expenses and

optional life insurance premiums, shall be deposited, as determined

by the director, in any of the investment pools with the West

Virginia Investment Management Board, including, but not limited

to, the equity and fixed income pools, with the interest income or

other earnings a proper credit to all such funds for the benefit of the Public Employees Insurance Agency.

(g) The Public Employees Insurance Agency may recover an

additional interest amount from any employer that fails to pay in

a timely manner any premium or minimum annual employer payment, as

defined in article sixteen-d of this chapter, which is due and

payable to the Public Employees Insurance Agency or the Retiree

Health Benefit Trust. The agency may recover the amount due plus

an additional amount equal to two and one half percent per annum of

the amount due. Accrual of interest owed by the delinquent

employer commences upon the thirty-first day following the due date

for the amount owed and shall continue until receipt by the Public

Employees Insurance Agency of the delinquent payment. Interest

shall compound every thirty days.

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

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