Adopted by House 3-6-08
SB476 H FIN AM
The Committee on Finance moves to amend the bill on page one,
following the enacting clause, by striking out the remainder of the
bill and inserting in lieu thereof the following:
"That §5-5-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that the said code be amended by
adding thereto a new section, designated §5-5-6, all to read as
ARTICLE 5. SALARY INCREASE FOR STATE EMPLOYEES.
For the purposes of this article:
(a) "Eligible employee" means:
(1) Any regular full-time employee of the state or any
spending unit of the state who is eligible for membership in any
state retirement system of the State of West Virginia or other
retirement plan authorized by the state: Provided, That the
mandatory salary increase required by this article does not apply
to any employee of the state whose compensation is fixed by statute
or by statutory schedule other than employees described in this
section. Clerks, deputy clerks and magistrate assistants of
magistrate courts are eligible for the incremental salary increases
provided in this article with the increases to be allowable in
addition to the maximum salaries and compensation for the employee offices under the magistrate court system statutes of article one,
chapter fifty of this code. Members of the Board of Parole are
eligible for the incremental salary increases provided in this
article with the increases to be allowable in addition to the
salaries and compensation provided in §6-7-2a of this code. This
article may not be construed to mandate an increase in the salary
of any elected or appointed officer of the state;
(2) Any classified employee as defined in section two, article
nine, chapter eighteen-b of this code who is an employee of a state
institution of higher education, the Higher Education Policy
Commission or the Council for Community and Technical College
(3) Any full-time faculty member as defined in section one,
article eight, chapter eighteen-b of this code who is an employee
of a state institution of higher education, the Higher Education
Policy Commission or the West Virginia Council for Community and
Technical College Education.
(b) "Years of service" means full years of totaled service as
an employee of the State of West Virginia. For full-time faculty
as defined in this section, each nine or more months of contracted
employment during a fiscal year equals one full year of service;
(c) "Spending unit" means any state office, department,
agency, board, commission, institution, bureau or other designated
body authorized to hire employees.
5-5-6. Payment for unused sick leave.
(a) Every eligible employee, as defined in section one of this
article, who was hired prior to the first day of July, two thousand
one, and who has accumulated at least sixty-five days of unused
sick leave may be paid, at his or her option, for unused sick leave
in an amount of days as designated by the employee not to exceed
the number of sick leave days that would reduce an employee's sick
leave balance to less than fifty days. The employee shall be paid
at a rate equal to one quarter of their usual rate of daily pay
during that calendar year. The "daily rate of pay" of an employee
paid a monthly salary is calculated by multiplying the monthly
salary by twelve and dividing that number into the number of
workdays for that calendar year. As used in this section,
"workday" does not include weekends. Any payment for unused sick
leave may not be a part of final average salary computation.
(b) Payment for unused sick leave may be made only once per
fiscal year on either the pay day immediately following the first
full pay period in July or the first full pay period in December.
Payments shall be made out of the fund established in subsection
(d) of this section.
(c) Any eligible employee opting to receive payment in
exchange for unused sick leave must contract, in a form to be
prescribed by the Department of Administration, agreeing to
reimburse the fund for the amount exchanged plus twelve percent
annum if the employee elects to separate from employment within sixty months of the date of the exchange pursuant to subsection (a)
of this section. The Department of Administration shall pursue
collection of the obligation, either by itself, or by contracting
with a collection agency. For purposes of this section,
"separation" does not include separation from employment by death
or retirement, but does refer to any other manner in which
employment may be terminated.
(d) Payments shall be made in the order that eligible
employees apply for the payments so long as funds are available.
In the event the fund is insufficient to pay all employees who have
applied for payment in a fiscal year, employees who do not receive
payment are eligible for payment in the next fiscal year, are not
required to reapply and shall receive payment in the order in which
they first applied, unless the employee chooses to withdraw the
application prior to the next fiscal year.
(e) Effective the first day of July, two thousand nine, there
is created a special revenue account within the State Treasury to
be known as the State Employee Sick Leave Fund which shall consist
of moneys appropriated by the Legislature, and shall be
administrated by the Secretary of the Department of Administration.
(f) The Secretary shall adopt procedural rules pursuant to
article three, chapter twenty-nine-a of this code to implement the
provisions of this section. The rules shall include, but not be
limited to, provisions for the application and the application
(g) Each spending unit, as defined in section one of this
article, shall verify to the Secretary an employee is eligible for
payment under this section and shall verify the number of unused
sick leave days for all employees at least once per year. The
Secretary shall maintain sick leave records for all spending units.
All sick leave days that an employee is paid for as provided in
this section shall be deducted from the employee's sick leave
balance by the Secretary, and the Secretary shall verify to each
spending unit the amount of days that have been deducted from an
employee's sick leave balance. An employee shall not be permitted
to reacquire any sick leave days that he or she received payment
for under the provisions of this section.