CHARLESTON, WV (LOOTPRESS) — On the last day of session, the West Virginia legislature passed House Bill 4009, the Voluntary Portable Benefits Plan Act, completing a key priority for Governor Patrick Morrisey’s full Workforce Readiness and Opportunity Initiative to pass into law and modernize the state’s workforce policies.
HB 4009, sponsored by Delegate Jonathan Kyle and supported by lead Senate champion Sen. Patricia Ruckers along with Majority Leader Patrick Martin, creates a voluntary framework, allowing independent workers to establish portable benefit plans—including retirement savings, health insurance, disability coverage, and life insurance—while ensuring those benefits remain fully owned and controlled by the worker. It is a critical piece of the Governor’s 2026 legislative priorities and adapted from Independent Women’s legislative model.
Crucially, the legislation explicitly protects independent contractor classification under wage, unemployment insurance, workers’ compensation, and other employment-related laws, eliminating legal barriers that previously discouraged companies from offering benefits to independent workers.
More than 95,000 West Virginians work as freelancers and independent workers, choosing flexibility and autonomy in how they earn a living. The Voluntary Portable Benefits Plan Act ensures these workers have greater access to voluntary benefits without sacrificing the independence that defines their work.
Governor Morrisey has made expanding opportunity and workforce flexibility a defining priority of his administration. The legislature’s passage of HB 4009 marks a major step forward in that effort.
This legislation reflects an important step forward in modernizing how we support independent workers in West Virginia,” says Senator Patricia Rucker, sponsor of HB 4009. “Portable benefits provide a voluntary framework that expands access to benefits while preserving worker independence. I appreciate the collaboration of my colleagues and partners like Independent Women, who helped bring this policy across the finish line.”
Delegate Jonathan Kyle, sponsor of HB 4009, says, “Independent workers are a vital part of West Virginia’s economy, and they deserve options that help them build financial security while maintaining the flexibility they value. It’s common sense to protect independent contracting status in West Virginia and go further by ensuring this group of valuable workers can access the benefits the traditional workforce enjoys. I’m grateful for the partnership of Independent Women in helping advance this innovative solution for West Virginia workers.”
Participation in portable benefits is entirely voluntary for both workers and hiring entities. Independent contractors retain full control over whether to opt in or out of benefit contributions, and voluntary participation cannot be used to reclassify workers as employees.
“The way Americans work today has changed significantly since labor policies were created. Workers, especially women, depend on the flexibility to balance caregiving, health issues, and other priorities, but many lack benefits,” said Patrice Onwuka, vice president for economic policy at Independent Women. “Portable benefits are a common-sense solution to increasing access to desired benefits for independent workers. These benefits stay with the independent contractor, no matter when, where, or how he or she works. I appreciate everyone who helped get this bill done. A special thank you to Majority Leader Patrick Martin, Senator Ruckers, Delegates Pat McGheehan, and Jonathan Kyle. Of course a special thank you to Governor Morrisey for his commitment to implementing this critical legislative package and removing the current legal risks companies face when providing portable benefits to their independent workforce. Well done, West Virginia!”
Onwuka, author of this model, testified before the West Virginia Senate Finance Committee on this legislation on March 4.
With full legislative passage, HB 4009 now moves to Governor Morrisey’s desk for his signature.
West Virginia, home to 605 members of Independent Women’s Network, leads a growing number of states that are advancing Independent Women’s Voluntary Portable Benefits framework, strengthening economic opportunity for independent workers across the country.
