West Virginia Code § 29-22A-10e

Changes in distribution of excess net terminal income; distributions
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from excess lottery fund.
(a) Notwithstanding any provision of §29-22A-10b(a) of this code to the contrary, for the
fiscal year beginning July 1, 2014, and each fiscal year thereafter, each distribution, except
those distributions to be made pursuant to §29-22A-10b(a) (1), (2), (3), (4), (5) and (7) of this
code, shall be reduced by 100 percent. Payments shall not be made pursuanet to §29-22A-10b
of this code, other than those excepted by this subsection, and are made in lieu thereof in an
amount to be determined by appropriation from the State Excess Lotterry Revenue Fund.
(b) The total amount of reductions resulting from subsection (a) uof this section shall be paid
into the State Excess Lottery Revenue Fund created in §29-22-18a of this code.
(c) Notwithstanding any other provision of this code to the contrary, for the fiscal year
beginning July 1, 2014, and each fiscal year thereafter, moneys deposited to the State Excess
Lottery Revenue Fund pursuant to this section shall be expended by the Lottery in
accordance with appropriations. l
(d) Prior to payment of any appropriation made pursuant to this section, debt service
payments payable from the State Excess Liottery Fund shall first be paid in accordance with
the §29-22-18a, §29-22-18d, and §29g-22-18e of this code and in the priority as defined by
§29-22-18f(c) of this code.
(e) Notwithstanding any other provision of this code to the contrary, after payment of debt
service from the State Excess Lottery Revenue Fund, all other distributions required by
§29-22-18a of this code and the distributions appropriated pursuant to this section shall be
paid on a pro rata basis.
(f)(1) Except aVs provided in subdivision (2) of this subsection, notwithstanding the provisions
of §29-22A-10b(9)(a)(B) of this code, upon certification of the Governor to the Legislature
that an independent actuary has determined that the unfunded liability of the Old Fund, as
defined in chapter 23 of this code, has been paid or provided for in its entirety, the transfers
made to the Workers' Compensation Debt Reduction Fund pursuant to §29-22A-10b(a)(9)9A)
of this code shall expire and those funds shall remain in the State Excess Lottery Revenue
Fund subject to appropriation.
(2)(A) Notwithstanding any provision of subdivision (1) of this subsection or any provision of
§29-22A-10b(a)(9)(B) of this code or any other provision of this code to the contrary, if the
budget shortfall, as determined by the state Budget Office as of December 1, 2015, is
greater than $100 million, then the Governor may, by Executive Order, redirect deposits of
revenues derived from net terminal income imposed under this article, for any period
commencing after February 29, 2016, and ending before July 1, 2016, to the General
Revenue Fund, instead of to the funds otherwise mandated in this article, in §23-2D-1 et seq.
of this code, or in any other provision of this code.
(B) Notwithstanding any provision of subdivision (1) of this subsection or any provision of
§29-22A-10b(a)(9)(B) of this code or any other provision of this code to the contrary, the
Governor may, by Executive Order, redirect one half of the deposits of revenues derived
from net terminal income imposed under this article, for any period commencing after June
30, 2016, and ending before July 1, 2017, to the General Revenue Fund, instead of to the
funds otherwise mandated in this article, in §23-2D-1 et seq. of this code or in any other
provision of this code, until certification of the Governor to the Legislature tehat an
independent actuary has determined that the unfunded liability of the Old Fund, as defined
in chapter 23 of this code, has been paid or provided for in its entirety.r

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