
H. B. 2170


(By Delegates Hubbard and Tucker)


[Introduced February 14, 2001; referred to the


Committee on Education then Finance.]
A BILL to amend and reenact section five, article nine, chapter
eighteen-b of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to education and
classified employees; and granting additional compensation
when the employee is required to work a shift other than day
shift.
Be it enacted by the Legislature of West Virginia:
That section five, article nine, chapter eighteen-b of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 9. CLASSIFIED EMPLOYEE SALARY SCHEDULE AND CLASSIFICATION
SYSTEM.
§18B-9-5. Classified employee salary.
(a) Each classified employee shall receive for the same
employment at the same pay grade, subject to an appropriation by
the Legislature, and in addition to the experience increment
increase provided for in subsection (b) of this section, a monthly
salary which is at least one hundred twenty-five dollars more than
the final base monthly salary paid the classified employee for the
fiscal year commencing on the first day of July, one thousand nine
hundred ninety-two, to be paid in equal installments within the
regular pay periods and to be prorated for classified employees
working less than thirty-seven and one-half hours per week.
(b) Commencing with the fiscal year beginning on the first day
of July, one thousand nine hundred ninety-eight, and each fiscal
year thereafter, each classified employee with three or more years
of experience shall receive an annual salary increase equal to
fifty dollars times the employee's years of experience: Provided,
That the annual salary increase may not exceed the amount granted
for the maximum of twenty years of experience. These incremental
increases are in lieu of any salary increase received pursuant to
section two, article five, chapter five of this code; are in
addition to any across-the-board, cost-of-living or percentage salary increases which may be granted in any fiscal year by the
Legislature; and shall be paid in like manner as the annual payment
to eligible state employees of the incremental salary increases
based on years of service under the provisions of section two,
article five, chapter five of this code.
(c) Any classified employee may receive merit increases and
salary adjustments in accordance with policies established by the
board: Provided, That funds for the increases and adjustments
shall be distributed in accordance with rules of the appropriate
governing board and shall be available to all state institutions of
higher education on an equitable basis.
(d) The current annual salary of any classified employee may
not be reduced by the provisions of this article nor by any other
action inconsistent with the provisions of this article, and
nothing in this article may be construed to prohibit promotion of
any classified employee to a job title carrying a higher pay grade
if the promotion is in accordance with the provisions of this
article and the personnel classification system established by the
appropriate governing board.
(e) In addition to all other salary or wages granted pursuant
to this section each classified employee whose regular shift does not begin and end between the hours of seven o'clock a.m. and five
o'clock p.m. shall receive additional pay for each day of
employment equal to not less than one eighth of his or her daily
rate of pay.
NOTE: The purpose of this bill is to grant additional
compensation equal to one eighth of a classified employee's daily
rate of pay when the employee is required to work a shift other
than day shift.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.