COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 592
(By Senator Bowman)
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[Originating in the Committee on Pensions;
reported February 25, 2010.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto new section, designated §5-5-2a, relating to
restrictions on hiring a retired state employee.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto new section, designated §5-5-2a, to read as
follows:
ARTICLE 5. SALARY INCREASE FOR STATE EMPLOYEES.
§5-5-2a. Restrictions on hiring a retired state employee.
An employee who has retired from a spending unit and who on or
after July 1, 2010 is subsequently hired by a different spending
unit or rehired by his or her former spending unit shall be
considered a new eligible employee, and may not use the employee's
prior service to enhance his or her incremental salary increases
and accrual of annual leave: Provided, That an employee who
retires and is eligible to suspend his or her annuity upon being rehired as a regular employee on a full-time basis by a
participating employer of the same retirement system, and who again
becomes a contributing member of the retirement system, is not
considered a new employee and may use prior service toward
recalculated retirement benefits and to enhance incremental salary
increases and accrual of annual leave.
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(NOTE: The purpose of this bill is to restrict retired
employees that are rehired from using their previous benefits.
This section is new; therefore, strike-throughs and
underscoring have been omitted.)