reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-19 - West Virginia Hope Scholarship Board Procedures and Bylaws › Section 112-19-13 - Appeals Process

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The Chair
				shall appoint a three-member standing committee on appeals to be the arbiter of
				all appeals submitted to the Board:
Provided,
That the
				committee previously known as the "subcommittee on appeals" shall continue in
				existence to perform the duties of the standing committee on appeals, as
				described in this section, and shall hereinafter be known as the committee on
				appeals.
13.2. In the event a
				program beneficiary, applicant, or education service provider wishes to appeal
				a final decision of the Board, they must submit the appeal to the Board on a
				form prescribed by the Board within forty-five (45) calendar days of the final
				Board decision subject to appeal.
13.3. The committee on appeals shall complete
				its review of a properly submitted appeal within forty-five (45) calendar days
				of the date on which the appeal is submitted to the Board, and shall notify the
				program beneficiary, applicant, or education service provider of the decision
				rendered on the appeal within fifteen (15) calendar days following the
				completion of the committee's review. If the committee on appeals determines
				that additional information is necessary to complete its review of an appeal,
				the committee may suspend the forty-five (45) calendar day period for appeal
				review set forth in this subsection, pending the committee's request for and
				receipt of additional information from the appellant and the time needed for
				the committee to reconvene.
13.4.
				If an appeal involves a Board action terminating an individual or entity's
				program participation or disqualifying an individual or entity from program
				participation based on a finding of misconduct, the committee on appeals shall
				render its decision on the appeal in the form of a recommendation to the full
				Board, submitted to the Chair. The Board shall receive and consider the
				recommendation at the next occurring full meeting of the Board following the
				committee's submission to the Chair. The outcome of the appeal is not final
				until the full Board acts upon the committee's recommendation and adopts a
				decision on the appeal by majority vote. For appeals subject to this
				subsection, the Board shall notify the program beneficiary, applicant, or
				education service provider of the full Board's final decision on the appeal
				within fifteen (15) calendar days following the decision.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-19 - West Virginia Hope Scholarship Board Procedures and Bylaws › Section 112-19-14 - Parliamentary Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Robert's
				Rules of Order shall govern the parliamentary procedures of board and committee
				meetings.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-19 - West Virginia Hope Scholarship Board Procedures and Bylaws › Section 112-19-15 - Amendments and Suspension

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. These
				bylaws may be altered, amended, or repealed and new bylaws may be adopted by
				the Board at any regular, emergency, or special meeting of the Board.
15.2. A unanimous vote of all members present
				at a board meeting in which a quorum is present may suspend any provision of
				these bylaws.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-20 - Jumpstart Savings Program › Section 112-20-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This
				rule provides the administrative requirements of the Jumpstart Savings
				Program.
1.2. Authority. - W. Va.
				Code §
									18-30A-6; §
									18-30A-16.
1.3. Filing Date. - April 4, 2024
1.4. Effective Date. - April 4,
				2024
1.5. Sunset Provision. - This
				rule shall terminate and have no further force or effect on August 1,
				2029.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-20 - Jumpstart Savings Program › Section 112-20-3 - The Jumpstart Savings Program Trust; securities laws; taxation

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Jumpstart
				Savings Program Trust is a public instrumentality of the State of West
				Virginia. All interests issued by said trust shall constitute interests in the
				trust and shall be made available to eligible members of the public. For
				securities law purposes, an interest in the Jumpstart Savings Program Trust,
				other than an interest in an FDIC-insured account, is a municipal fund
				security.
3.2. The board shall take
				any action necessary to administer the program in a manner that allows the
				trust to qualify and remain qualified for relevant federal securities law
				exemptions for public instrumentalities of a state.
3.3. The board shall take any action
				necessary to administer the program in a manner that allows the trust to be
				exempt and remain exempt from registration under the securities laws of the
				West Virginia Code, including Chapter 32, the "Uniform Securities Act," and any
				other West Virginia securities laws existing now or in the future.
3.4. The board shall file all tax returns on
				behalf of the trust required by federal or state law, if any. To the extent
				permitted by law, the board shall claim any tax deductions available to the
				board to avoid double taxation of any trust fund earnings and recapture taxes
				paid on behalf of the trust on earnings later distributed to trust
				beneficiaries. The board shall file any information returns with regard to
				account owners as may be required by federal or state law.
3.5. The board may adopt any reinvestment
				strategy, if applicable, permitted by state and federal law that is necessary
				to minimize the tax liability, if any, of the trust fund and account
				owners.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-20 - Jumpstart Savings Program › Section 112-20-4 - Account owner eligibility

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Any
				individual who is legally able to contract under applicable state law is
				eligible to establish an account.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-20 - Jumpstart Savings Program › Section 112-20-5 - Opening an account

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. To
				open a Jumpstart Savings account, the account owner must:
5.1.1. Provide all information and forms
				required by the board;
5.1.2. Make
				a minimum opening deposit as required by the board and available on the
				website:
https://wvjumpstart.com
;
				and
5.1.3. Name a single individual
				as the designated beneficiary according to the requirements of section 8 of
				this rule.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-20 - Jumpstart Savings Program › Section 112-20-6 - Ignite Incentive Program

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				program described in this section shall be known as the "Ignite Incentive
				Program." The State Treasurer will deposit $100 from the Jumpstart Savings
				Expense Fund into a newly opened Jumpstart Savings account if the designated
				beneficiary is a resident of West Virginia, and either of the following
				criteria are met:
6.1.1. The account is opened
				when the designated beneficiary is under 18 years of age; or
6.1.2. The account is opened within the 180
				days following the date of the designated beneficiary's enrollment in an
				apprenticeship or educational program described in 2.21.1. through 2.21.6. of
				this rule.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-20 - Jumpstart Savings Program › Section 112-20-7 - Refusal of application to open Account

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The board may refuse to open an account
				for any of the following reasons:
7.1.1. The
				applicant is not an eligible account owner;
7.1.2. The applicant has not provided all the
				information required in the application;
7.1.3. The applicant has failed to execute
				the participation agreement, or any other instrument required by the
				board;
7.1.4. The applicant has
				failed to complete the minimum account opening deposit as required by the
				board;
7.1.5. The execution of a
				participation agreement violates any federal or state law; or
7.1.6. The board determines that the
				applicant has intentionally provided false information to the board or has
				violated any applicable state or federal law related to a savings or investment
				program currently or previously administered by the state.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-20 - Jumpstart Savings Program › Section 112-20-8 - Designated beneficiary

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Any
				individual regardless of age, residency, or relationship to the account owner,
				including the account owner himself or herself, may be a designated beneficiary
				under the program.
8.2. There shall
				be only one designated beneficiary per account.
8.3. Any number of accounts may be opened for
				a single designated beneficiary. An account owner may not be the account owner
				for multiple accounts with the same designated beneficiary.
8.4. A designated beneficiary must be an
				individual and may not be a business, corporation, enterprise, or other entity
				that is not a natural person.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-20 - Jumpstart Savings Program › Section 112-20-9 - Changing Designated Beneficiaries

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. An account owner may change the
				designated beneficiary of the account, as permitted by W. Va. Code §
									18-30A-11(b).
9.2. Only an account owner may change the
				designated beneficiary of an account. The new designated beneficiary must be a
				member of the prior designated beneficiary's immediate family.
9.3. To change a designated beneficiary, the
				account owner shall provide all information to the board or program manager, as
				required by the board.
9.4. Upon
				receipt of the written request, the board shall register the information
				regarding the newly designated beneficiary in the records of the program. The
				change of the designated beneficiary shall be effective upon
				registration.
9.5. For state law
				purposes, a change in the designated beneficiary of a Jumpstart Savings account
				is not a distribution so long as the new designated beneficiary is a member of
				the prior designated beneficiary's immediate family, as required by this
				rule.
9.6. Any forms necessary for
				the changing of designated beneficiaries will be available on the
				website.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-20 - Jumpstart Savings Program › Section 112-20-10 - Change of account ownership

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. An account owner may designate a
				successor who shall become the new account owner automatically upon the death
				of the account owner.
10.1.1. This designation
				may be made at any time prior to the death of the designated account owner by
				submitting a designation of the successor to the program manager containing the
				information set forth in the account change request form.
10.1.2. Designation of a successor shall be
				effective upon registration in the records of the program manager.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-20 - Jumpstart Savings Program › Section 112-20-12 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The board may
				charge account owners a fee for the administrative expenses of the program.
				Fees shall be clearly identified in the program description that accompanies
				the participation agreement and available on the website:
https://wvjumpstart.com
.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-20 - Jumpstart Savings Program › Section 112-20-13 - Investment policies

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The
				board may establish investment policies for the monies in the Jumpstart Savings
				Trust Fund, if applicable, to the nature of accounts in the program. The board
				may review and modify the investment policies from time-to-time as the board,
				in its sole discretion, determines.
13.2. The program may include
				interest-bearing only savings accounts and/or investment accounts to account
				owners. Any interest-bearing only savings accounts made available to account
				owners must be insured by the Federal Deposit Insurance Corporation.
13.3. Taxation of any investment returns or
				interest earnings are governed by applicable federal and state law. Account
				owners should consult with their own federal tax advisor concerning any
				potential tax implications of interest or earnings accruing to their Jumpstart
				Savings account.
13.4. Any changes
				to the investment policies shall apply prospectively.
13.5. If an account requires investment
				direction, investment direction by the account owner or designated beneficiary
				of an account is prohibited. Nothing in this section prohibits the program
				manager from offering a limited menu of portfolio options to all account owners
				based on risk-tolerance and potential for growth and permitting an account
				owner to change his or her portfolio option up to two times per year.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-20 - Jumpstart Savings Program › Section 112-20-14 - Contributions

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Any person
				may make a contribution to a Jumpstart Savings account after the account is
				opened, subject to applicable state and federal laws. Contributions shall be
				made only in cash.
14.2. Rollover
				Contributions
.
14.2.1. Any
				portion of a SMART529 distribution that is deposited into a Jumpstart Savings
				account within 30 days of receipt of the SMART529 account distribution, is a
				rollover contribution to the Jumpstart Savings account and is eligible for the
				state tax decreasing modification according to W. Va. Code §
										11-21-12m(d) to
				the extent the distribution amount is not allowable as a deduction when
				arriving at the account owner's federal adjusted gross income. Nothing in this
				rule governs or addresses the treatment of any such rollover contribution for
				federal tax purposes and the SMART529 distribution may be subject to federal
				tax liability and penalties.
14.2.2. Any portion of a Jumpstart Savings
				account distribution that is deposited into a West Virginia ABLE account within
				30 days of receipt of the Jumpstart Savings account distribution, is a rollover
				contribution and is eligible for the state tax decreasing modification
				according to W. Va. Code §
										11-21-12m(d) to
				the extent the distribution amount is not allowable as a deduction when
				arriving at the account owner's federal adjusted gross income. Nothing in this
				rule governs or addresses the treatment of any such rollover contribution for
				federal tax purposes and the Jumpstart distribution may be subject to federal
				tax liability and penalties.
14.2.3. When making a rollover contribution,
				the account owner shall complete the forms and make such disclosures of
				financial information as required by the board.
14.2.4. Account owners should consult with
				their own federal tax advisor concerning any potential rollover of a SMART529
				or West Virginia ABLE account into a Jumpstart Savings account prior to any
				such rollover.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-20 - Jumpstart Savings Program › Section 112-20-15 - Distributions

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Only the
				account owner may authorize and receive a distribution of funds (whether for a
				qualified expense, a non-qualified expense, or otherwise) from an account. A
				designated beneficiary may not authorize distribution or withdrawal of account
				funds unless he or she is also the account owner.
15.2. An account owner may request a
				distribution of funds by submitting a distribution request to the board via any
				method made available by the board (
e.g.
, online or paper
				form). Upon receipt, the program manager shall commence processing properly
				submitted distribution requests as soon as reasonably practicable.
15.3. A change in the designated beneficiary
				of a Jumpstart Savings account is not a distribution for the purposes of this
				article or W. Va. Code §
									11-21-1
et seq.
if the new designated beneficiary is a member of the prior designated
				beneficiary's immediate family.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-20 - Jumpstart Savings Program › Section 112-20-16 - Qualified Expenses

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. The
				amount of any distribution that is used to pay for a qualified expense of the
				account's designated beneficiary establishes the account owner's entitlement to
				the personal income tax decreasing modification authorized by W. Va. Code
				§
									11-21-12m(b) to
				the extent the distribution amount is not allowable as a deduction when
				arriving at the account owner's federal adjusted gross income. An account owner
				is responsible for maintaining documentation of qualified expenditures needed
				for state tax reporting or in the case of a state tax audit. The board will not
				collect or maintain documentation of an account owner's expenditures of moneys
				distributed to the account owner from a Jumpstart Savings account:
Provided,
That the board may request information on the use of
				distribution monies for the purpose of collecting program data.
16.2. The amount of any distribution that is
				used for qualified expenses is considered a qualified distribution. For the
				purposes of W. Va. Code §
									11-21-12m and this rule, a
				qualified expense includes an account distribution, or any amount thereof,
				expended by an account beneficiary in the taxable year of receipt of the
				distribution or the next succeeding taxable year that:
16.2.1. Is allowable as a federal personal
				income tax deduction pursuant to
				26 U.S.C. §
											162, as an ordinary and necessary business
				expense, and is incurred in carrying on a qualifying profession;
16.2.2. Is allowable as a federal personal
				income tax deduction pursuant to
				26 U.S.C. §
											195(b), as a business
				start-up expenditure, and is incurred in carrying on a qualifying profession;
				or
16.2.3. Is expended for goods,
				services, or other expenses that qualify for a federal personal income tax
				deduction for depreciation or amortization over time, pursuant to a provision
				of 26 U.S.C. §
											161-199a and that are used to carry on a
				qualifying profession; or
16.2.4.
				Is not allowable as any one of the federal personal income tax deductions
				described in subdivisions 16.2.1. through 16.2.3. of this subsection and is
				expended for:
16.2.4.a. The purchase of tools,
				equipment, or supplies used exclusively in a qualifying profession;
16.2.4.b. Costs to establish a business in
				this state to practice a qualifying profession; or
16.2.4.c. Fees for required certification or
				licensure in a qualifying profession:
Provided
, That in no
				event shall any dues, fees, subscriptions, or any other payments to a labor
				organization constitute qualified expenses for the purposes of this article;
				and
16.2.4.d. Is not reimbursed by
				the taxpayer's employer.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-20 - Jumpstart Savings Program › Section 112-20-17 - Separate Accounting

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1.
				Separate records and accounting shall be maintained for each account
				established under the program.
17.2. The board or its identified program
				manager shall prepare an annual summary of information on the financial
				condition of the Jumpstart Savings Trust Fund.
17.3. The board or its identified program
				manager shall provide quarterly account statements to account owners.
17.4. The board shall comply with all
				internal and external audit requirements set forth in W. Va. Code §
									18-30A-1
et seq.
The board shall make an annual summary on the financial condition of the
				College and Jumpstart Savings Administrative Account available on the website:
https://wvjumpstart.com
.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-20 - Jumpstart Savings Program › Section 112-20-18 - Confidentiality

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. Individual
				account information, including, but not limited to, names, addresses, telephone
				numbers, personal identification information, amounts contributed and earnings
				on amounts contributed, shall be maintained as confidential, and may be
				disclosed only as needed to administer the program consistent with W. Va. Code
				§
									18-30A-1
et seq.
or other applicable state and federal laws, or unless the person providing the
				information, or who is the subject of the information, executes and delivers to
				the board his or her written consent to disclosure.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-NA - Travel Rules › Section 112-NA-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.01.
Scope
- These regulations implement the provisions of
				section eleven, article three, chapter twelve of the Code of West Virginia,
				1931, as amended.
1.02.
Authority
- These regulations are issued under the authority of
				the above-mentioned code section, which provides, among other things, that the
				West Virginia State Treasurer shall promulgate rules and regulations governing
				travel by employees of the State Treasurer's Office on behalf of the State of
				West Virginia.
1.03.
General Purpose
- The purpose of these rules is to
				outline the proper procedures and regulations for in and out-of-State travel
				conducted by the employees of the State Treasurer's Office on behalf of the
				State of West Virginia.
1.04.
Filing Date
- December 1, 1997
1.05.
Effective Date
- These regulations are promulgated and become effective on the
				1st day of December 1997, and supersede all previous
				travel regulations relating to employees of the State Treasurer's
				Office.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-NA - Travel Rules › Section 112-NA-4 - Use of Privately Owned Vehicles

Current through Register Vol. XLI, No. 28, July 12, 2024
4.01.
General
				Purpose
- No out-of-state travel in privately owned vehicles shall
				be made at State expense without the prior written approval of the State
				Treasurer or his designee.
4.02.
Maximum Allowances
- Maximum mileage allowances for
				use of privately owned vehicles will be the prevailing IRS approved rate
				provided, that the reimbursable costs permitted for out-of-state travel, in
				privately owned vehicles to and from such official meetings, shall not exceed
				the cost of an air coach fare round-trip ticket to and from the site of such
				official meeting.
4.03.
Toll Charges
- Toll bridge and turnpike charges may be included as
				an additional item. Receipts are not needed for reimbursement.
4.04.
Parking Fees
-
				Receipts are not needed for reimbursement.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-NA - Travel Rules › Section 112-NA-5 - Miscellaneous Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
5.01.
Personal
				Services
- Expenses for personal services such as laundry or valet
				service are not allowable.
5.02.
Personal
				Baggage
- Reimbursement for transportation of personal baggage
				shall not exceed ten (10) percent of the air or train fare.
5.03.
Non-Employees Accompanying
				Employees
- When non-employees accompany employees on in-state or
				out-of-state official business which involves overnight stays, they shall be
				subject to the following regulations and limitations:
(a)
Reimbursement
				Provisions
- The State Treasurer's Office will reimburse the
				employee for the employee's hotel or motel lodging expense. Reimbursement will
				be made at the cost of the single room rate.
(b)
Employee
				Responsibility
- The employee is responsible for meals, travel and
				other miscellaneous expenses of the non-employee.
(c)
Insurance
				Coverage
- Where non-employees accompany employees on such trips,
				it is the responsibility of the employees to provide accident insurance
				coverage; the State Treasurer's Office shall in no way be responsible or liable
				for any cause or cost whatsoever.
West Virginia Code of State Rules › Agency 113 - Health Insurance Plan › Title 113 - LEGISLATIVE RULE BOARD OF DIRECTORS OF THE WEST VIRGINIA HEALTH INSURANCE PLAN › Series 113-01 - Premium Subsidy › Section 113-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				  purpose of this rule is to establish criteria for certain individuals to obtain
				  a premium subsidy with the West Virginia Health Insurance
				  Plan.
1.2. Authority. -- W. Va. Code
				  §
									33-48-7b.
1.3. Filing Date. -- April 20,
				  2012.
1.4. Effective Date. -- April 20,
				  2012.
West Virginia Code of State Rules › Agency 113 - Health Insurance Plan › Title 113 - LEGISLATIVE RULE BOARD OF DIRECTORS OF THE WEST VIRGINIA HEALTH INSURANCE PLAN › Series 113-01 - Premium Subsidy › Section 113-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Average annual
				  household income" means the Total Income reported on the prior year's federal
				  tax return for all individuals in the applicant's or member's household, plus
				  any other Income received by any household member, including but not limited to
				  non-taxed Social Security income, child support, disability payments, veterans'
				  benefits, and public assistance.
2.2. "Board" means the Board of
				  Directors of the Plan.
2.3. "Low-income eligible individuals" means
				  those persons having an annual household income at or below 400% of the federal
				  poverty level who are otherwise eligible for coverage under the Plan as
				  provided in W. Va. Code §
									33-48-4.
2.4. "Plan" means the West
				  Virginia Health Insurance Plan as created in W. Va. Code
				  §
									33-48-2.
2.5. "Plan Administrator" means the administrator of
				  the Plan selected by the Board pursuant to W. Va. Code
				  §
									33-48-6.
2.6. "Premium subsidy" means the difference between
				  the amount of periodic payment the Plan Administrator makes to the Plan on
				  behalf of the low-income eligible individual plus the administrative cost to
				  the Plan of providing the Plan to that low-income eligible individual, and the
				  amount determined by the Board to be the low-income eligible individual's
				  premium responsibility.
2.7. "Surplus" means funds being held in
				  the West Virginia Health Insurance Plan Fund pursuant to W. Va. Code
				  §
									33-48-7a that are above those amounts necessary to provide fully for the
				  expected costs of claims and other expenses listed in W. Va. Code
				  §
									33-48-7(a).
West Virginia Code of State Rules › Agency 113 - Health Insurance Plan › Title 113 - LEGISLATIVE RULE BOARD OF DIRECTORS OF THE WEST VIRGINIA HEALTH INSURANCE PLAN › Series 113-01 - Premium Subsidy › Section 113-1-3 - Determination of Surplus

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Board shall periodically, but no
				  less than annually, determine if a surplus exists.
3.2. In making a
				  determination concerning the existence of a surplus, the Board may consider an
				  actuarial analysis and any other information developed by or presented to the
				  Board that demonstrates the status of a surplus.
West Virginia Code of State Rules › Agency 113 - Health Insurance Plan › Title 113 - LEGISLATIVE RULE BOARD OF DIRECTORS OF THE WEST VIRGINIA HEALTH INSURANCE PLAN › Series 113-01 - Premium Subsidy › Section 113-1-4 - Eligibility for Premium Subsidy

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. In the event the Board determines that a
				  surplus exists, the Board shall create a schedule of premium subsidies that
				  varies with income to assist low income eligible individuals in paying the
				  premium costs of the Plan. The Board may adopt as many income categories within
				  the premium subsidy schedule as it finds necessary and
				  practical.
4.2. For the purposes of determining the eligibility of
				  a person for a premium subsidy, the Board may consider information obtained
				  from any state or federal agency. The eligibility of low income eligible
				  individuals who receive a premium subsidy shall be reassessed annually by the
				  Board.
4.3. No person shall be eligible for a premium subsidy if
				  that person's premium is paid by a third party who is not a family member of
				  the person.
4.4. Whenever the Board finds that there is a
				  significant possibility that premium subsidies may result in an
				  over-expenditure of the surplus, the Board may discontinue the use of the
				  surplus to subsidize premiums until the Board determines that the possibility
				  for over-expenditure no longer exists. The Board shall give low income eligible
				  individuals who are receiving a premium subsidy thirty days' notice prior to
				  such a discontinuance.
West Virginia Code of State Rules › Agency 113 - Health Insurance Plan › Title 113 - LEGISLATIVE RULE BOARD OF DIRECTORS OF THE WEST VIRGINIA HEALTH INSURANCE PLAN › Series 113-01 - Premium Subsidy › Section 113-1-5 - Delegation of Authority to Plan Administrator

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Board may delegate or
				  assign any of its authority or duties set forth in this rule to the Plan
				  Administrator.
West Virginia Code of State Rules › Agency 113 - Health Insurance Plan › Title 113 - LEGISLATIVE RULE BOARD OF DIRECTORS OF THE WEST VIRGINIA HEALTH INSURANCE PLAN › Series 113-02 - Pre-existing Conditions Exclusion › Section 113-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				  purpose of this rule is to provide additional classes of individuals to which
				  the waiting period for pre-existing condition exclusions does not
				  apply.
1.2. Authority. -- W. Va. Code §§
									33-2-10 and
				  33-48-8(d)(1).
1.3. Filing Date. -- April 14,
				  2010.
1.4. Effective Date. -- April 14,
				  2010.
West Virginia Code of State Rules › Agency 113 - Health Insurance Plan › Title 113 - LEGISLATIVE RULE BOARD OF DIRECTORS OF THE WEST VIRGINIA HEALTH INSURANCE PLAN › Series 113-02 - Pre-existing Conditions Exclusion › Section 113-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Creditable
				  coverage," "Plan" and "significant break in coverage" have the same meanings
				  assigned to them in W. Va. Code §
									33-48-1(d).
2.2.
				  "Pre-existing condition exclusion" means the exclusion of charges or expenses
				  incurred during the first six months following the effective date of coverage
				  as to any condition for which medical advice, diagnosis, care or treatment was
				  recommended or received as to such condition during the six-month period
				  immediately preceding the effective date of
				  coverage.
West Virginia Code of State Rules › Agency 113 - Health Insurance Plan › Title 113 - LEGISLATIVE RULE BOARD OF DIRECTORS OF THE WEST VIRGINIA HEALTH INSURANCE PLAN › Series 113-02 - Pre-existing Conditions Exclusion › Section 113-2-3 - Persons not Subject to the Pre-existing Condition Exclusion Period

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. In addition to
				  federally defined eligible individuals and those persons to whom W. Va. Code
				  §
									33-48-8(d)(2) applies, the Board may approve the waiver of the
				  pre-existing exclusion for one or more of the following classes of enrollees if
				  the Board finds, on the basis of actuarial review or otherwise, that the
				  addition of such class or classes will not have an undue adverse effect on the
				  overall operation of the Plan.
3.1.a. A person, without a
				  significant break in coverage, who had prior creditable coverage of eighteen
				  months or more, regardless of whether that coverage was terminated voluntarily
				  or involuntarily.
3.1.b. A person who was previously enrolled in
				  Medicaid, Medicare, the State Children's Health Insurance Program or any other
				  public health insurance program that does not impose a waiting period before
				  treatment for a pre-existing condition and who is enrolling in the Plan without
				  a significant break in coverage: Provided, That with respect to any person who
				  was enrolled in such a program for less than six months prior to enrollment in
				  the Plan, the Board may decide that any such person will be deemed to have
				  satisfied a portion of the six-month waiting period imposed by W. Va. Code
				  §
										33-48-8(d)(1) equal to the previous enrollment period of such
				  program;
3.1.c. A person who was previously covered under another
				  state's high-risk plan: Provided, That with respect to any such person who had
				  not satisfied the other state's high-risk plan's pre-existing condition waiting
				  period, if any, the Board may decide that any such person will be deemed to
				  have satisfied a portion of the six-month waiting period imposed by W. Va. Code
				  §
										33-48-8(d)(1) equal to the waiting period such person had satisfied under
				  such previous coverage. or
3.1.d. A person who was previously
				  covered under an individual health insurance policy and who is enrolling in the
				  Plan because premiums for the previous coverage were in excess of those charged
				  under the Plan for similar coverage: Provided, That with respect to any such
				  person who had not satisfied the prior health plan's pre-existing condition
				  waiting period, if any, the Board may decide that any such person will be
				  deemed to have satisfied a portion of the six-month waiting period imposed by
				  W. Va. Code §
										33-48-8(d)(1) equal to the waiting period such person had
				  satisfied under such previous coverage.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-01 - Proxies, Consents And Authorizations Of Domestic Stock Insurers › Section 114-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- On June
				8, 1964, Congress enacted the Securities Acts Amendments of 1964 ( Public Law 88-467
				), which exempted securities issued by insurance companies from the application of
				the federal requirement of regulation by and periodic filings with the Securities
				and Exchange Commission provided certain conditions were met by the insurer and its
				domiciliary state. Section 12 (g), (2), (G), (i) of the Federal Act, as one of such
				conditions, requires that the company be " . . . subject to regulation by its
				domiciliary state of proxies, consents or authorizations in respect of securities
				issued by such company and such regulation conforms to that prescribed by the
				National Association of Insurance Commissioners (NAIC)." On December 3, 1964, the
				NAIC prescribed and adopted a "Proposal Regarding Proxies, Consents and
				Authorizations of Domestic Stock Insurers" and recommended that each state adopt or
				otherwise implement the proposal. Thereafter, the West Virginia Legislature amended
				article five of the Code by adding thereto section thirty-one to the Insurance Code
				authorizing the Insurance Commissioner to promulgate regulations governing the
				solicitation of proxies, consents and authorizations in respect to any voting
				security issued by a domestic insurer. Therefore, in compliance with the provisions
				of section thirty-one, article five, chapter thirty-three of the West Virginia Code
				of 1931, as amended, this regulation is hereby adopted. This regulation establishes
				the general procedure for domestic stock insurers in regard to their activities
				respecting proxies, consents and authorizations.
1.2. Authority. -- W. Va. Code '33-5-31
				and '33-2-10.
1.3. Filing Date. -- May
				1, 1966.
1.4. Effective Date. -- June
				30, 1966.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-01 - Proxies, Consents And Authorizations Of Domestic Stock Insurers › Section 114-1-3 - Information Required In Proxy Statement

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Revocability of proxy. -- State whether or
				not the person giving the proxy has the power to revoke it. If the right of
				revocation before the proxy is exercised is limited or is subject to compliance with
				any formal procedure, briefly describe such limitation or procedure.
3.2. Dissenters' rights of appraisal. -- Outline
				briefly the rights of appraisal or similar rights of dissenting stockholders with
				respect to any matter to be acted upon and indicate any statutory procedure required
				to be followed by such stockholders in order to perfect their rights. Where such
				rights may be exercised only within a limited time after the date of the adoption of
				a proposal, the filing of a charter amendment or other similar act, state whether
				the person solicited will be notified of such date.
3.3. Persons making solicitations not subject to
				Subsection 2.10 of these rules.
(1) If the
				solicitation is made by the management of the insurer, so state. Give the name of
				any director of the insurer who has informed the management in writing that he
				intends to oppose any action intended to be taken by the management and indicate the
				action which he intends to oppose.
(2)
				If the solicitation is made otherwise than by the management of the insurer, state
				the names and addresses of the persons by whom and on whose behalf it is made and
				the names and addresses of the persons by whom the cost of solicitation has been or
				will be borne, directly or indirectly.
(3) If the solicitation is to be made by specially
				engaged employees or paid solicitors, state (i) the material features of any
				contract or arrangement for such solicitation and identify the parties, and (ii) the
				cost or anticipated cost thereof.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-01 - Proxies, Consents And Authorizations Of Domestic Stock Insurers › Section 114-1-4 - Information To Be Included In Statements Filed By Or On Behalf Of A Participant (Other Than The Insurer) In A Proxy Solicitation In An Election Contest

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Insurer. -- State
				the name and address of the insurer.
4.2. Identity and background.
(a) State the following:
(1) Your name and business address.
(2) Your present principal occupation or
				employment and the name, principal business and address of any corporation or other
				organization in which such employment is carried on.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-02 - Licensing And Conduct Of Insurance Producers And Agencies › Section 114-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule
				establishes the general requirements and practices of producers and
				brokers.
1.2. Authority. -- W. Va. Code
				§
									33-2-10.
1.3. Filing Date. -- April 20, 2012.
1.4. Effective Date. -- April 20, 2012.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-02 - Licensing And Conduct Of Insurance Producers And Agencies › Section 114-2-2 - Requirements for Licensing

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Trustworthiness. -- An insurer making application for an individual insurance
				producer's appointment shall make an investigation as to the suitability of the
				appointee. The appointing company shall, prior to submitting the appointment to this
				office, satisfy itself that the appointee is a suitable person and is trustworthy
				and qualified to act as its individual insurance producer. The Insurance
				Commissioner may, at any time, direct the appointing company to furnish proof that
				the company has made the investigation required by this subsection and that the
				investigation was made prior to the execution of the application for
				appointment.
2.2. Competency. -- The
				competency of persons applying to the Insurance Commissioner for an individual
				insurance producer's license shall be determined by examination, with the exception
				of those persons qualifying under subsection 2.3 of this section.
2.3. Waiver of examination. -- An examination is
				not required as proof of competency for those persons applying for a resident
				individual insurance producer's license if such person:
2.3.a. With respect to the following lines of
				authority, holds one or more of the following professional designations or degrees:
2.3.a.1. Life Line of Authority -- Certified
				Employee Benefits Specialist (CEBS), Chartered Financial Consultant (ChFC),
				Certified Insurance Counselor (CIC), Certified Financial Planner (CFP), Chartered
				Life Underwriter (CLU), Fellow Life Management Institute (FLMI), Life Underwriting
				Training Counsel Fellow (LUTCF);
2.3.a.2. Health Line of Authority -- Registered
				Health Underwriter (RHU), Certified Employee Benefits Specialist (CEBS), Registered
				Employee Benefits Consultant (REBC), Health Information Administration
				(HIA);
2.3.a.3. Property and Casualty
				Lines of Authority -- Accredited Advisor in Insurance (AAI), Associate in Risk
				Management (ARM), Certified Insurance Counselor (CIC), Chartered Property Casualty
				Underwriter (CPCU); or
2.3.a.4. All
				lines of authority except crop -- College insurance degree.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-02 - Licensing And Conduct Of Insurance Producers And Agencies › Section 114-2-4 - Commissions and Commission Sharing

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. An
				individual insurance producer may pay a commission for or on account of the sale,
				solicitation or negotiation in this state of insurance on property or risks in this
				state only to another licensed individual insurance producer.
4.2. If an individual insurance producer who does
				not have an appointment from a particular insurance company ("non-appointed
				producer") refers an application for an insurance policy from such company to an
				individual insurance producer or managing general agent who does have an appointment
				with that company ("appointed producer"), and such a referral results in the
				issuance of an insurance policy, the appointed producer may share the commission
				with the non-appointed producer.
4.3.
				Before a non-appointed producer refers an application for insurance to an appointed
				producer, he or she shall disclose to the applicant, on a form that is substantially
				similar to that set forth in Appendix A to this rule, that he or she is not
				authorized to bind coverage or to execute or issue a policy on the company's
				behalf.
4.4. A non-appointed producer
				may solicit an application for insurance, prepare an application for such policy,
				collect and remit premiums and deliver the policy and any endorsements to the
				insured, but he or she may not sign or execute such policy or issue binders,
				endorsements or any other indication or coverage on behalf of that insurer. In any
				controversy between the insured or his or her beneficiary and the insurer issuing
				any policy upon such application, the non-appointed producer shall be regarded as
				the agent of the company and shall not be considered to be the agent of the insured
				for any purpose.
West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-02 - Licensing And Conduct Of Insurance Producers And Agencies › Section 114-2-5 - Switching

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. No person who owns
				or is affiliated with an insurance agency or individual insurance producer may
				require, as a condition precedent to making a loan, that the borrower cancel
				insurance and purchase new insurance with the individual insurance producer or with
				an agency insurance producer with which the person is affiliated.
5.2. Any individual insurance producer who,
				directly or indirectly, or by subterfuge or artifice aids, abets or participates in
				violating this section is subject to the penalties prescribed by W. Va. Code §
									33-12-24.
5.3. The act of any person, who owns or is
				affiliated with an insurance agency or individual insurance producer in making a
				loan in violation of this section will be considered to be the act of the individual
				insurance producer or agency insurance producer with which the person making the
				loan is affiliated. The individual insurance producer or agency insurance producer
				will be held strictly accountable for the acts of a person who is affiliated with
				the individual insurance producer or agency insurance producer and who makes a loan
				in violation of this section.
5.4. Any
				insurance company licensed under the laws of West Virginia that accepts business
				from an insurance producer which it knows or reasonably should know to have violated
				this rule is subject to the penalties prescribed by W. Va. Code §
									33-3-11.