WV Code § 23-4B-8a (2021)
2021 West Virginia Code|Chapter 23. Workers' Compensation|Article 4B. Coal-Workers' Pneumoconiosis Fund|§23-4B-8a. Legislative Findings; Transfers to the State; Maximum Transfer Authorization; Purpose for Which Moneys Transferred May Be Disbursed and Expended; Maximum Amount of Transfer Authorization; Terms and Conditions for Repayment; Premiums to Be Set Without Regard to Transfers; Creation of Special Account in State Treasury

(a) The Legislature hereby finds and declares that there is a casual deficit in the General Revenue Fund of this state because of the failure of the state's taxation program to produce the estimated revenues, such deficit condition having come into existence from ordinary expenses of the state without design and unexpectedly; that there is a large surplus of moneys in the coal-workers' pneumoconiosis fund; that transfers not to exceed $30 million from the coal-workers' pneumoconiosis fund will assist in financing government operations, without in any way affecting the solvency of the coal-workers' pneumoconiosis fund; and that the interest being earned on the coal-workers' pneumoconiosis fund each year has for some time exceeded $30 million. This section is enacted in view of these findings.(b) Whenever the Governor determines that the General Revenue Fund available for expenditure is insufficient for the timely payment for government operations, the treasurer, state Board of Investments and the commissioner shall transfer moneys from the coal-workers' pneumoconiosis fund to the special account created in the State Treasury by subsection (f) of this section, in the amounts determined by the Governor to be sufficient and necessary to meet such payments. The total of the amounts transferred may not exceed $30 million, and the transfers shall be subject to the payment of interest equal to the actual interest rate earned by the coal-workers' pneumoconiosis fund on the day of each transfer for the period of each transfer until repayment.(c) Any such transfer may be used only for payments for Medicaid reimbursement.(d) Full repayment of all transfers, with interest, shall be made to the coal-workers' pneumoconiosis fund by budget action as first priority from the moneys available for each fiscal year as follows: At least one fifth of the outstanding amount with interest shall be repaid no later than June 30, 1989; at least one fourth of the outstanding amount with interest shall be repaid no later than June 30, 1990; at least one third of the outstanding amount with interest shall be repaid no later than June 30, 1991; at least one half of the outstanding amount with interest shall be repaid no later than June 30, 1992; and the balance of the remaining amount transferred shall be repaid with interest no later than June 30, 1993. Repayment transfers, shall be made by budget action as first priority from the moneys available for each fiscal year and as made, shall not be deemed to renew, restore or increase in any way the maximum amount of $30 million herein authorized.(e) The rates of premiums to be paid for coverage by the coal-workers' pneumoconiosis fund shall be determined by the commissioner with like effect as if all such transfers had not been made but had, together with the interest earned thereon, been available for use by the coal-workers' pneumoconiosis fund.(f) There is hereby created in the State Treasury a special account for the deposit, withdrawal and repayment of moneys transferred pursuant to this section and to invoke the applicability of the special fund doctrine with respect to budgetary transfer activities involving more than one fiscal year.