H. B. 4493
(By Mr. Speaker, Mr. Kiss, By Request,
and Delegates Boggs, Mahan and Capito)
[Introduced February 19, 1998; referred to the
Committee on Government Organization then Finance.]
A BILL to amend and reenact section three, article five, chapter
five of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to accrued and unused annual leave for state employees.
Be it enacted by the Legislature of West Virginia:
That section three, article five, chapter five of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 5. SALARY INCREASE FOR STATE EMPLOYEES.
§5-5-3. Optional payment to employee in lump sum amount for
accrued and unused annual 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 time.
The lump sum payment shall be made by the time of what would have
been the employee's next regular payday had his 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, since no period of service
credit is granted in relation thereto; however, such lump sum
payment 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 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 shall make deductions for retirement
contributions of members of the department, since retirement
benefits are based on cumulative earnings rather than period of
In determining annual leave, every eligible employee is
entitled to annual leave computed as follows:
Years of ServiceCarry Forward Days
Less than 5 years40 days
5 to 10 years45 days
11 to 15 years50 days
16 years or more55 days
NOTE: The purpose of this bill is to increase the annual
leave carryover for state employees.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.