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Introduced Version Senate Bill 263 History

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Senate Bill No. 263

(By Senator Foster)


[Introduced February 23, 2005; referred to the Committee

on Pensions; and then to the Committee on Finance.]


A BILL to amend and reenact §5-5-3 of the Code of West Virginia, 1931, as amended, relating to the rights of members' unused, accrued leave in final average salary.

Be it enacted by the Legislature of West Virginia:
That §5-5-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
§5-5-3. Optional payment to employee in lump sum amount for accrued and unused leave at termination of employment; no withholding of any employee contribution deduction; exception.

Every eligible employee, as defined in section one of this article, at the time his or her active employment ends due to resignation, death, retirement or otherwise, may be paid in a lump sum amount, at his or her option, for accrued and unused annual leave at the employee's usual rate of pay at such the time. The lump sum payment shall be made by the time of what would have been the employee's next regular payday had his or her employment continued. In determining the amount of annual leave entitlement, weekends, holidays or other periods of normal, noncountable time shall be excluded, and no deductions may be made for contributions toward retirement from lump sum payments for unused, accrued annual leave of any kind or character, since no period of service credit is granted in relation thereto; however, such lump sum payment for unused, accrued leave of any kind or character may not be a part of final average salary computation; and where any such deduction of employee contribution may have been heretofore made, a refund of such the amount deducted shall be granted the former employee and made by the head of the respective former employer spending unit: Provided, That the Superintendent of the department of public safety West Virginia State Police shall make deductions for retirement contributions of members of the department State Police Death, Disability and Retirement Fund heretofor created and continued in section twenty-six, article two, chapter fifteen of this code since retirement benefits are based on cumulative earnings rather than period of service.

NOTE: The purpose of this bill is to clarify lump sum optional payment for unused leave.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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