H. B. 2361
(By Mr. Speaker, Mr. Kiss (By Request))
[Introduced January 16, 2003; referred to the
Committee on Pensions and Retirement then Finance.]
A BILL to amend article four, chapter eighteen-a of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
ten-e, relating authorizing county boards of education to
provide for the use of sick leave days by surviving spouse in
certain circumstances.
Be it enacted by the Legislature of West Virginia:
That article four, chapter eighteen-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section ten-e,
to read as follows:
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-10e. Use of sick leave days by surviving spouse in certain
circumstances.
(a) For the purposes of this section, the following terms have the following meanings:
(1) "Surviving spouse" means an employee of a county board
whose spouse was also employed by the same county board at the time
of his or her death; and
(2) "Deceased spouse" means a person who, at the time of his
or her death, was employed by the same board of education as his or
her spouse.
(b) On and after the first day of January, two thousand three,
a county board of education may retroactively credit a surviving
spouse with any or all sick leave days to which the deceased spouse
was entitled at the time of the death of the deceased spouse.
(c) The provisions of this section only apply if all the
following conditions are met:
(1) Both spouses were employed by the same county board of
education at the time of the death of the deceased spouse;
(2) The deceased spouse had unused sick leave days which he or
she was entitled to use; and
(3) The surviving spouse is an active employee with less than
eight days accumulated sick leave at the time of death of the
deceased spouse
.
(d) For the purposes of this section, the deceased spouse must
have died after the first day of January, one thousand nine hundred
ninety-eight and prior to the thirty-first day of December, two
thousand.
(e) Sick leave credited to a surviving spouse under this
section may be used for any purpose sick leave is used for.
NOTE: the purpose of this bill is to allow a county board of
education to transfer to a surviving spouse, any or all the sick
leave of his or her deceased spouse where they were both employed
by the county board of education at the time of death.
This bill pertains to the situation where both spouses are
employed by a county board of education and one spouse perishes
from cancer, requiring the surviving spouse to have used all but
eight days of his or her sick leave caring for his or her dying
spouse.
This section is new; therefore strike-throughs and underlining
have been omitted.