Senate Bill No. 4019
(By Senators Plymale, Edgell, Bailey, Bowman, Oliverio, Unger and
White)
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[Originating in the Committee on Education;
reported September 10, 2005.]
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A BILL to amend and reenact §5-5-1 of the Code of West Virginia,
1931, as amended; to amend said code by adding thereto a new
section, designated §18B-8-7; and to amend said code by adding
thereto a new section, designated §18B-9-13, all relating to
providing the salary increment to faculty at state
institutions of higher education; and providing method for
allocating certain funds for higher education employee salary
increases.
Be it enacted by the Legislature of West Virginia:
That §5-5-1 of the Code of West Virginia, 1931, as amended, be
amended and reenacted; that said code be amended by adding thereto
a new section, designated §18B-8-7; and that said code be amended
by adding thereto a new section, designated §18B-9-13, all to read
as follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS;
MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
ARTICLE 5. SALARY INCREASE FOR STATE EMPLOYEES.
§5-5-1. Definitions.
For the purposes of this article:
(a) "Eligible employee" means either of the following:
(1) Any regular full-time employee of the state or any
spending unit of the state who is eligible for membership in any
state retirement system of the State of West Virginia or other
retirement plan authorized by the state: Provided, That the
mandatory salary increase required by this article shall does not
apply to any faculty employee at state institutions of higher
education, or any employee of the state whose compensation is fixed
by statute or by statutory schedule other than employees described
in this section. Provided, however, That effective the first day
of July, two thousand six, the mandatory salary increase does apply
to certain faculty employees at state institutions of higher
education as set forth in subdivision (3) of this subsection.
Clerks, deputy clerks and magistrate assistants of magistrate
courts are eligible for the incremental salary increases provided
in this article with the increases to be allowable in addition to
the maximum salaries and compensation for the employee offices
under the magistrate court system statutes of article one, chapter
fifty of the code. This article may not be construed to does not mandate an increase in the salary of any elected or appointed
officer of the state; or
(2) Any classified employee as defined in section two, article
nine, chapter eighteen-b of this code who is an employee of a state
institution of higher education, or of the higher education policy
commission or the council for community and technical college
education; or
(3) Effective on the first day of July, two thousand six and
thereafter, any full-time member of the faculty as defined in
section one, article eight, chapter eighteen-b of this code who is
an employee of a state institution of higher education, the higher
education policy commission, or the council for community and
technical college education;
(b) "Years of service" means full years of totaled service as
an employee of the State of West Virginia; and
(c) "Spending unit" means any state office, department,
agency, board, commission, institution, bureau or other designated
body authorized to hire employees.
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 8. HIGHER EDUCATION FULL-TIME FACULTY SALARIES.
§18B-8-7. Allocation of certain funds for faculty salary
increases.
(a) The faculty share of the funds appropriated during the
fourth extraordinary session, two thousand five to the Community and Technical College Education Control Account - Fund 0596 and to
the Higher Education Policy Commission System Control Account -
Fund 0586 shall be used for the purpose of providing salary
increases to faculty effective the first day of November, two
thousand five. Notwithstanding any institutional policies to the
contrary, the faculty share of the funds shall be allocated for the
salary increases in such a manner that all full time faculty
receive an equal amount of a salary increase and part-time faculty
receive a pro rated share. The faculty share of these funds shall
be used to provide salary increases to faculty in accordance with
this section, and not in accordance with any institutional policy
on faculty salary increases. The salary increase received by each
faculty member pursuant to this section shall become a part of his
or her base salary.
(b) The faculty share of the funds shall be determined by
dividing the number of full time equivalent faculty by the sum of
the following: the number of full time equivalent faculty, the
number of full time equivalent classified employees and the number
of full time equivalent nonclassified employees, and then
multiplying the quotient by the total amount allocated to the
institution or other entity, as applicable.
ARTICLE 9. CLASSIFIED EMPLOYEE SALARY SCHEDULE AND CLASSIFICATION
SYSTEM.
§18B-9-13. Allocation of certain funds for classified employee salary increases.
(a) The classified employees share of the funds appropriated
during the fourth extraordinary session, two thousand five to the
Community and Technical College Education Control Account - Fund
0596, to the Higher Education Policy Commission Administration
Control Account - Fund 0589 and to the Higher Education Policy
Commission System Control Account - Fund 0586 shall be used for the
purpose of providing salary increases to classified employees
effective the first day of November, two thousand five.
Notwithstanding any institutional policies to the contrary, the
classified employees' share of the funds shall be allocated to full
time equivalent classified employees for salary increases in such
a manner that each classified employee receives an equal percentage
of the amount the classified employee's salary is below the salary
prescribed for that employee in the Higher Education Classified
Employee Annual Salary Schedule set forth in section three of this
article. Classified employees who are at or above the salary
prescribed for them in the salary schedule shall not receive an
increase and shall not be included in the calculation of each
employee's salary increase. The classified employees' share of the
funds shall be used to provide salary increases to classified
employees in accordance with this section, and not in accordance
with any institutional policy on classified employee salary
increases. The salary increase received by each classified employee pursuant to this section shall become a part of his or her
base salary.
(b) The classified employees' share of the funds shall be
determined by dividing the number of full time equivalent
classified employees by the sum of the following: the number of
full time equivalent faculty, the number of full time equivalent
classified employees and the number of full time equivalent
nonclassified employees, and then multiplying the quotient by the
total amount allocated to the institution or other entity, as
applicable.