February 3, 2012
OPEB liability bill still on Legislature fast track
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CHARLESTON, W.Va. -- Legislation to pay down a $5 billion unfunded liability for cost of future retiree health-care benefits for state and public school employees could be headed to Gov. Earl Ray Tomblin for his signature by Thursday.

In an afternoon meeting, rare this early in the legislative session, the House Finance Committee advanced the bill (SB469) to the full House without amendment. It passed on a voice vote, with some Republican members voting no.

Among those dissenting was Delegate Daryl Cowles, R-Morgan, who said he thinks the bill is unconstitutional because it allows the state to absorb the liability for county school boards.

"If the state's going to take the debt, perhaps rightfully so, then they're state employees," he said of teachers and school service personnel covered by Public Employees Insurance Agency plans.

The West Virginia Constitution says the state cannot be made responsible for the liabilities of any entity of county or city government. However, the next section of the Constitution gives the state authority to allocate funds to political subdivisions.

"Under current law, these are county employees and county debt," Cowles said of the school systems' OPEB liability. "After this bill passes, we're still going to call them county employees, but the debt will be state debt."

Ted Cheatham, PEIA's executive director, told the committee that, under the legislation, about $800 million of unfunded liability currently assessed to the county school boards would be booked as the state Department of Education's liability.

Delegate Bob Ashley, R-Roane, raised concerns over a section of the bill that directs the PEIA executive director to pursue a number of measures aimed at reducing PEIA costs, including limiting or refusing payment for treatment of hospital-acquired infections, or for re-admission for treatment of the same diagnosis within 30 days of hospital discharge.

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OPEB liability bill still on Legislature fast track

CHARLESTON, W.Va. -- Legislation to pay down a $5 billion unfunded liability for cost of future retiree health-care benefits for state and public school employees could be headed to Gov. Earl Ray Tomblin for his signature by Thursday.

In an afternoon meeting, rare this early in the legislative session, the House Finance Committee advanced the bill (SB469) to the full House without amendment. It passed on a voice vote, with some Republican members voting no.

Among those dissenting was Delegate Daryl Cowles, R-Morgan, who said he thinks the bill is unconstitutional because it allows the state to absorb the liability for county school boards.

"If the state's going to take the debt, perhaps rightfully so, then they're state employees," he said of teachers and school service personnel covered by Public Employees Insurance Agency plans.

The West Virginia Constitution says the state cannot be made responsible for the liabilities of any entity of county or city government. However, the next section of the Constitution gives the state authority to allocate funds to political subdivisions.

"Under current law, these are county employees and county debt," Cowles said of the school systems' OPEB liability. "After this bill passes, we're still going to call them county employees, but the debt will be state debt."

Ted Cheatham, PEIA's executive director, told the committee that, under the legislation, about $800 million of unfunded liability currently assessed to the county school boards would be booked as the state Department of Education's liability.

Delegate Bob Ashley, R-Roane, raised concerns over a section of the bill that directs the PEIA executive director to pursue a number of measures aimed at reducing PEIA costs, including limiting or refusing payment for treatment of hospital-acquired infections, or for re-admission for treatment of the same diagnosis within 30 days of hospital discharge.

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