H. B. 2050
(By Delegate S. Cook)
[Introduced February 10, 1993; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact section five, article nine, chapter
eighteen-b of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to requiring the
governing board of an institution of higher education to
establish pay shift differentials for classified service
employees.
Be it enacted by the Legislature of West Virginia:
That section five, article nine, chapter eighteen-b of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 9. CLASSIFIED EMPLOYEE SALARY SCHEDULE AND
CLASSIFICATION SYSTEM.
§18B-9-5. Classified employee salary.
(a) Each classified employee who is employed by a governing
board on the first day of July, one thousand nine hundred ninety-
one, shall receive for the same employment at the same pay grade
during the fiscal year commencing on such date and thereafter amonthly salary which is at least equal to the final base monthly
salary paid such classified employee for the fiscal year
commencing on the first day of July, one thousand nine hundred
ninety, to be paid in equal installments within the regular pay
periods.
(b) Commencing with the fiscal year beginning on the first
day of July, one thousand nine hundred ninety-one, and each
fiscal year thereafter, each classified employee with three or
more years of experience shall receive an annual salary increase
equal to thirty-six dollars times the employee's years of
experience:
Provided, That such annual salary increase shall not
exceed the amount granted for the maximum of twenty years of
experience. These incremental increases shall be in lieu of any
salary increase received pursuant to section two, article five,
chapter five of this code; shall be in addition to any across-
the-board, cost-of-living or percentage salary increases which
may be granted in any fiscal year by the Legislature; and shall
be paid in like manner as the annual payment to eligible state
employees of the incremental salary increases based on years of
service under the provisions of section two, article five,
chapter five of this code.
(c) Each classified employee whose monthly salary under
subsections (a) and (b) of this section is less than the minimum
monthly salary for zero years of experience for the appropriate
pay grade as set forth in section three of this article shall
receive additional compensation such that the monthly salary isat least the minimum amount prescribed for the appropriate pay
grade at zero years of experience:
Provided, That such amounts
may be reduced proportionately based upon the amount of funds
available for such purpose.
(d) Any funds remaining after increasing the monthly salary
of each classified employee to at least the minimum amount
prescribed for the appropriate pay grade at zero years of
experience shall be used to place classified employees on the
salary schedule at their appropriate years of experience:
Provided, That such amount may be reduced proportionately based
upon the amount of funds available for such purpose.
(e) Any classified employee may receive merit increases
and/or salary adjustments in accordance with policies established
by the board:
Provided, That funds for such increases and/or
adjustments shall be distributed in accordance with rules of the
appropriate governing board and shall be available to all state
institutions of higher education on an equitable basis.
(f) The current monthly salary of any classified employee
may not be reduced by the provisions of this article nor by any
other action inconsistent with the provisions of this article,
and nothing in this article shall be construed to prohibit
promotion of any classified employee to a job title carrying a
higher pay grade if such promotion is in accordance with the
provisions of this article and the personnel classification
system established by the appropriate governing board.
(g) The governing board of each institution of highereducation shall establish a shift differential pay scale of ten
percent higher per hour for all work performed between the hours
of five o'clock p.m. and six o'clock a.m. by all employees who
are designated as classified employees of the institution of
higher education.
NOTE: This bill establishes a shift differential pay scale
for classified employees of institutions of higher education who
work between the hours of 5:00 p.m. and 6:00 a.m. The shift
differential pay scale is a 10% per hour increase.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.