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Introduced Version - Originating in Committee Senate Bill 4019 History

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sb4019 org
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.
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