Senate Bill No. 425
(By Senators Plymale and Jenkins)
[Originating in the Committee on Education;
reported February 12, 2003.]
A BILL to amend and reenact section one-d, article one, chapter
eighteen-b of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to authorizing the
higher education policy commission to participate in
retirement and separation incentives.
Be it enacted by the Legislature of West Virginia:
That section one-d, article one, 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 1. GOVERNANCE.
§18B-1-1d. Retirement and separation incentives.
(a) Notwithstanding any other
provisions provision of this
code to the contrary, each state institution of higher education
may include in its strategic plan, pursuant to section one-c of this article, policies that offer various incentives for voluntary,
early or phased retirement of employees or voluntary separation
from employment when necessary to implement programmatic changes
effectively pursuant to the findings, directives, goals and
objectives of this article: Provided, That such the incentives for
voluntary, early or phased retirement of employees or voluntary
separation from employment must shall be submitted by the governing
board to the legislative joint committee on pensions and retirement
and approved before such the policies are adopted as part of the
institution's strategic plan.
(b) Effective the first day of July, two thousand one, each
state institution of higher education may implement, under its
institutional compact created pursuant to section two, article one-
a of this chapter, policies that offer various incentives for
voluntary, early or phased retirement of employees, or voluntary
separation from employment, when necessary to implement
programmatic changes effectively: Provided, That the institution
shall meet all the requirements, including the requirement for
obtaining legislative approval, set forth in this section.
(c) The policies may include the following provisions:
(1) Payment of a lump sum to an employee to resign or retire;
(2) Continuation of full salary to an employee for a
predetermined period of time prior to the employee's resignation or
retirement and a reduction in the employee's hours of employment
during the predetermined period of time;
(3) Continuation of insurance coverage pursuant to the provisions of article sixteen, chapter five of this code for a
(4) Continuation of full employer contributions to an
employee's retirement plan during a phased retirement period; and
(5) That an employee retiring pursuant to an early or phased
retirement plan may begin collecting an annuity from the employee's
retirement plan prior to the statutorily designated retirement date
without terminating his or her service with the institution.
(d) No incentive provided for in this section shall be granted
except in furtherance of programmatic changes undertaken pursuant
to the findings, directives, goals and objectives set forth in this
(e) No incentive proposed by an institution pursuant to this
section shall become a part of the institution's approved strategic
plan or institutional compact or be implemented without approval of
the legislative joint committee on pensions and retirement.
(f) Any costs associated with any incentive adopted or
implemented in accordance with this section shall be borne entirely
by the institutions, the West Virginia network for educational
telecomputing or the policy commission, whichever is applicable.
and no No incentive shall be granted that imposes costs on the
retirement systems of the state or the public employees insurance
agency unless those costs are paid entirely by the institutions,
the West Virginia network for educational telecomputing or the
policy commission, whichever is applicable.
(f) (g) The Legislature further finds and declares that there is a compelling state interest in restricting the availability and
application of these incentives to individual employees determined
by the institutions to be in furtherance of the aims of this
section. and nothing herein shall Nothing in this section may be
interpreted as granting a right or entitlement of any such
incentive to any individual or group of individuals. Any employee
granted incentives shall be is ineligible for reemployment by the
institutions during or after the negotiated period of his or her
incentive concludes, including contract employment in excess of
five thousand dollars per fiscal year.
(g) (h) The policy commission and the West Virginia network
for educational telecomputing may utilize use the incentives
contained in any policy set forth in this section if approved by
the legislative joint committee on pensions and retirement pursuant
to this section as required in subsection (a) of this section.