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Introduced Version House Bill 2414 History

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hb2414 intr
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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