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