2025 Regular Session
Link to Bill History on Legacy Website (Click Here)Summary: Allow an entity enrolled in PEIA to leave PEIA and have a 5 year window to return
PDF: hb2044 intr.pdf
DOCX: HB2044 INTR.docx
FISCAL NOTE
2025 REGULAR SESSION
Introduced
House Bill 2044
By Delegate Burkhammer
[Introduced February 12, 2025; referred
to the Committee on Finance]
A BILL to amend and reenact §5-16-29 of the Code of West Virginia, 1931, as amended, relating to providing employers that withdraw from participation in a plan a five-year grace period within which to rejoin.
Be it enacted by the Legislature of West Virginia:
Article 16. West Virginia Public Employees Insurance Act
§5-16-29. Limitation on PEIA participation.
Notwithstanding any other provision of this article to the contrary, the director may not consider any employer eligible for participation in a plan except for the following:
(1) All mandatory participants, including the State of West Virginia, its boards, agencies, commissions, departments, institutions, or spending units.
(2) Any county board of education or public charter school established pursuant to §18- 5G-1 et seq. of this code, if the charter school includes in its charter contract entered into pursuant to §18-5G-7 of this code a determination to participate in the Public Employees Insurance program: Provided, That as it relates to eligible public charter schools, only employees directly employed by a charter school that is exempt from the payment of taxes under the United States Internal Revenue Code, Title 26 U.S.C. § 501(c)(3), may participate in a plan.
(3) Any employer participating in a plan as of the effective date of the enactment of this section in the regular session of the Legislature, 2021: Provided, That if an employer participating in a plan as of July 1, 2025, withdraws from the plan, said employer shall be eligible for participation in a plan within five (5) years from the date of withdrawal.
NOTE: The purpose of this bill relates to providing employers that withdraw from participation in a PEIA plan a five-year grace period within which to rejoin.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.