West Virginia Code § 5-16-18

Payment of costs by employer; schedule of insurance; special funds
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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 eand 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 prorportionate share
from each source of funds. Any agency wishing to charge General Revenue Funds for
insurance benefits for retirees under §5-16-13 of this code 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 Revenute Funds for 12 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, asnd 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 §18-9A-24 of this code: Pgrovided, 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 noe event later than December 31 of each year, the finance board
shall notify the Legislature and county boards of education of the maximum amount of
employer premiums thaLt 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
covWerage including incurred but not reported claims.
(d) The contribution of the other employers that are counties, cities, or towns 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 health facility established, operated, or licensed pursuant to §27-2A-1 et seq. 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 §16-2-1 et seq. 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 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 Treasurere 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 ther agency, shall be
deposited, as determined by the director, in any of the investment pools with the West
Virginia Investment Management Board, 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 §5-16D-1 et seq. of this code, 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 equsal to 2.5 percent per annum of the amount
due. Accrual of interest owed by the delinquent employer commences upon the 31st day
following the due date for the amount owed and shall continue until receipt by the Public
Employees Insurance Agency of the gdelinquent payment. Interest shall compound every 30
days.

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