H. B. 2414
(By Delegate Susman)
[Introduced
February 16, 2005
; referred to the
Committee on Finance.]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §5-5-6, relating to
pay equity increase review for Department of Health and Human
Resources workers who did not receive a pay equity increase
and who need further adjustment in spite of the previous
imposition under the Legislature's directive to make an equity
adjustment in one thousand nine hundred ninety-nine;
Department to consider salary, tenure and other relevant
factors; pay adjustment to be made from funds appropriated to
the Department in fiscal year two thousand five; and,
Legislature's intent that the section not create causes of
action.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §5-5-6, to read as
follows:
ARTICLE 5. SALARY INCREASE FOR STATE EMPLOYEES.
§5-5-6. Department of Health and Human Resources to reexamine pay
equity salary adjustment of 1999.
The Legislature hereby finds that after the pay equity salary
adjustment required by section four of this article for workers of
the multiple agencies of the Department of Health and Human
Resources that inequities still exist. Because of these continuing
inequities, the Legislature also concludes that the Department of
Health and Human Resources must review the workers' jobs who,
either did not receive a pay equity increase previously mandated
under the provisions of section four of this article, and to make
appropriate adjustments, or who may need additional pay equity
adjustment and to make the adjustment. Salary adjustments shall be
provided from the funding appropriated to the Department in the
fiscal year two thousand five and may not be considered as
requiring additional appropriations from the Legislature. In the
event any provision of this section conflicts with any rule, policy
or provision of law, the provisions of this section shall control.
In reexamining the pay equity salary adjustments, the Department
shall give consideration to employee tenure, relevant average
salaries and such other factors as are relevant. Due to the limits
of funding, the results of these further pay equity salary adjustments are not subject to the provisions of article six-a,
chapter twenty-nine of this code. The provisions of this section
are rehabilitative in nature and it is the specific intent of the
Legislature that no private cause of action, either express or
implied, shall arise under the provisions or implementation of this
section.
NOTE: The purpose of this bill is to require the Department
of Health and Human Resources to review the pay equity adjustments
it made under West Virginia Code 5-5-4 in 1999, focusing on those
positions that either did not receive such an adjustment or that
may need further adjustment. The bill directs the Department of
Health and Human Resources to make further adjustments to the
positions that did not receive adjustment under the pay equity
enactment of 1999 or to make further adjustments to the positions
that need further adjustment.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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