West Virginia Code § 5-16-10

Contract provisions for group hospital and surgical, group major medical,
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group prescription drug and group life, and accidental death insurance for retired
employees, their spouses, and dependents.
A plan may provide benefits for retired employees and their spouses and dependents as
defined by rules and regulations of the Public Employees Insurance Agency, and on such
terms as the director may deem appropriate. e
In the event the Public Employees Insurance Agency provides the above benefits for retired
employees, their spouses, and dependents, the Public Employees Insurance Agency shall
adopt rules and regulations prescribing the conditions under whuich retired employees may
elect to participate in or withdraw from the plan or plans. Any plan provided for shall be
secondary to any insurance plan administered by the Unitedt States Department of Health
and Human Services to which the retired employee, spouse, or dependent may be eligible
under any law or regulation of the United States. If an employee eligible to participate in the
Public Employees Insurance Agency plans is also eligible to participate in the state Medicaid
program, and chooses to do so, then the Public Employees Insurance Agency may transfer to
the Medicaid program funds to pay the requirsed state share of such employee's participation
in Medicaid except that the amount transferred may not exceed the amount that would be
allocated by the agency to subsidize the cost of coverage for the retired employee if he or
she were enrolled in the Public Employees Insurance Agency's plans.

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