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SB476 SUB1 Senate Bill 476 History

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SB476 SUB1
COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 476

(By Senators Tomblin, Mr. President, Foster, Kessler and Love)

____________

[Originating in the Committee on Finance;

reported February 21, 2008.]

____________



A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-5-6, relating to allowing state eligible employees hired prior to the first day of July, two thousand one, to be paid for unused sick leave days in excess of fifty days once per year; creating the State Employee Sick Leave Fund; naming the State Auditor as administrator of the fund; and authorizing rulemaking to implement the provisions of this section.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §5-5-6, to read as follows:
ARTICLE 5. SALARY INCREASE FOR STATE 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, holidays or other periods of normal noncountable time. 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) 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.
(d) 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. The State Auditor is responsible for the administration of this fund.
(e) The State Auditor 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 process.
(f) Each spending unit, as defined in section one of this article, shall verify to the Auditor 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 Auditor 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 Auditor and the Auditor 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.
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