Adopted by House 8-12-2009
HB302 HFIN AMMcO
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 the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §5-5-7; that said code be amended by adding thereto a new section, designated §5-10-22k; and that said code be amended by adding thereto a new section, designated §18-7A-26v, all to read as follows:
"CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,

SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD

OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS,

OFFICES, PROGRAMS, ETC.

ARTICLE 5. SALARY INCREASE FOR STATE EMPLOYEES.
§5-5-7. Authorizing one-time salary enhancements to full-time public employees.

(a) The Governor may authorize by executive order the payment of a $500 salary enhancement to public employees with at least one hundred eighty calendar days of continuous service as of the first day of the month in which the executive order becomes effective. Only one salary enhancement is authorized by the provisions of this section, and if so authorized, it shall be paid no later than November 30, 2009. The executive order shall provide for the payment of the one-time salary enhancement to eligible public employees for services rendered during the first pay period of the first month following the effective date of the executive order.
(b) The one-time salary enhancement authorized pursuant to this section shall be timely paid to eligible public employees in a lump-sum payment on a date selected by the Auditor of West Virginia, or, in the case of a public employee who is employed by a county board of education, by the appropriate county official, on or before November 30, 2009.
(c) The one-time salary enhancement authorized pursuant to this section is in addition to any across-the-board, cost-of-living or percentage salary increase which may be granted by the Legislature, or incremental salary increase based on years of service in accordance with the provisions of section two of this article. However, this section may not be construed to increase the base salary of a public employee.
(d) This section may not be construed to prohibit other pay increases based on merit, seniority, promotion or other reason if funds are available for the other pay increases. However, the executive head of each spending unit first shall consider any one- time salary enhancement authorized by the Governor in accordance with this section before providing any increases based on merit, seniority, promotion or other reason.
(e) It is the intent of the Legislature that in the event the Governor authorizes the one-time $500 salary enhancements by executive order pursuant to this section, each eligible public employee shall be paid the salary enhancement. Accordingly, the salary enhancements paid in accordance with this section shall be provided to each eligible public employee by the spending unit, or in the case of school personnel by the county board of education, which employs the eligible public employee. Upon authorization of the salary enhancements, from the funding appropriated to the Department of Revenue, State Budget Office, for One-time Salary Enhancement - Surplus in fiscal year two thousand ten, the funds necessary to pay in full each eligible public employee's $500 salary enhancement and any necessary employer match or such proportionate share thereof that the spending unit or county board of education demonstrates to the State Budget Office it is without sufficient funds from other sources to provide, shall be transferred by the State Budget Office to the appropriate spending unit or county board of education, each of which are hereby authorized to expend such amounts to provide the salary enhancement. Nothing in this section may be construed to require any specific level of appropriation by the Legislature.
(f) For purposes of this section, "public employee" means a full-time employee who is an "eligible employee," as that term is defined in section one of this article, "school personnel," as that term is defined in section one, article one, chapter eighteen-a of this code, a member of the West Virginia State Police whose salary is fixed and specified pursuant to section five, article two, chapter fifteen of this code, a conservation officer whose salary is fixed and specified pursuant to section one-c, article seven, chapter twenty of this code, and a "nonclassified employee" as that term is defined in section two, article nine, chapter eighteen-b of this code.
ARTICLE 10. WEST VIRGINIA PUBLIC EMPLOYEES RETIREMENT ACT.
§5-10-22k. One-time enhancement payment for certain annuitants effective November 1, 2009.

(a) As an additional enhancement payment to other retirement allowances provided, a one-time enhancement payment to retirement benefits shall be paid to retirants of the system as provided in subsection (b) of this section. The one-time enhancement payment shall equal $266 and shall be paid on November 25, 2009.
(b) The one-time enhancement payment provided by this section applies to any retirant who currently receives an annual retirement annuity. This enhancement payment is subject to any applicable limitations under section 415 of the Internal Revenue Code of 1986, as amended.
(c) The one-time enhancement payment provided by this section shall be payable pro rata to any beneficiaries of a qualifying retirant who currently receive an annuity or other benefit payable by the system.
CHAPTER 18. EDUCATION.
ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.
§18-7A-26v. One-time enhancement payment for certain annuitants effective November 1, 2009.

(a) As an additional enhancement payment to other retirement allowances provided, a one-time enhancement payment to retirement benefits shall be paid to retirants of the retirement system as provided in subsection (b) of this section. The one-time enhancement payment shall equal $266 and shall be paid on November 25, 2009.
(b) The one-time enhancement payment provided in this section applies to any retirant who currently receives an annual retirement annuity. This one-time enhancement payment is subject to any applicable limitations under section 415 of the Internal Revenue Code of 1986, as amended.
(c) The one-time enhancement payment provided by this section shall be payable pro rata to any beneficiaries of a qualifying retirant who currently receive an annuity or other benefit payable by the retirement system.".


Adopted

Rejected