Senate Bill No. 639
(By Senators Unger, Fanning, Redd, Kessler, Caldwell, Helmick,
Anderson, McCabe, Snyder, Ross, Love, Hunter, Rowe, Burnette,
Facemyer, Boley, Minear, Sprouse, Mitchell, Edgell, Prezioso,
Plymale, Minard, Oliverio and Sharpe)
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[Introduced February 18, 2002; referred to the Committee
on Government Organization; and then to the Committee on Finance
.]
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A BILL to amend article five, chapter five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section five,
relating to providing for a gender-based pay equity salary
adjustment for state employees; providing for a method to
determine eligibility for and amount of adjustment;
designating source of funding for same; providing that section
may not be construed to require future appropriations;
providing that section shall be controlling over other rules,
policies or provisions of this code; stating pay equity salary
adjustment is rehabilitative in nature; providing that it is
not subject to employee grievance procedure; and stating legislative intent that no civil cause of action may arise
from the provisions or implementation of the section.
Be it enacted by the Legislature of West Virginia:
That article five, chapter five of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new section, designated section five, to read as
follows:
ARTICLE 5. SALARY INCREASE FOR STATE EMPLOYEES.
§5-5-5. Pay equity adjustment.
The Legislature hereby directs that a gender-based pay equity
salary adjustment be provided to public employees as determined by
the secretary of the department of administration, based on
recommendations of the equal pay commission. This salary
adjustment shall be provided from the funding appropriated to the
department of administration, office of the secretary, for purposes
of a "pay equity reserve" in the fiscal year two thousand two and
may not be construed to require additional appropriations from the
Legislature. If any provision of this section conflicts with any
rule, policy or provision of this code, the provisions of this
section shall control. Because the provisions of this section are
rehabilitative in nature, the results of the pay equity salary
adjustments are not subject to the provisions of article six-a,
chapter twenty-nine of this code. Further, it is the specific
intent of the Legislature that no private cause of action, either
express or implied, may arise pursuant to the provisions or implementation of this section.
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(NOTE: The purpose of this bill is to provide for a
gender-based pay equity salary adjustment for state employees,
including the establishment of a method to determine eligibility
and for the amount of the adjustment.
This section is new; therefore, strike-throughs and
underscoring have been omitted.)