West Virginia Code § 5-16-24

Rules for administration of article; eligibility of certain retired employees
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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 eheld 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 insurancer 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 ist 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 eligisble 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 edependents of any deceased retired employee are entitled to
continue their participation and coverage upon payment of the premium contribution
established by the finanLce 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.

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