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Engrossed Version Senate Bill 639 History

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Key: Green = existing Code. Red = new code to be enacted


ENGROSSED

Senate Bill No. 639

(By Senators Unger, Fanning, Redd, Kessler, Caldwell, Helmick, Anderson, McCabe, Snyder, Ross, Love, Hunter, Rowe, Burnette, Facemyer, Boley, Minear, Sprouse, Mitchell, Edgell, Prezioso, Plymale, Minard, Oliverio and Sharpe)

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[Introduced February 18, 2002; referred to the Committee

on Government Organization; and then to the Committee on Finance .]

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A BILL to amend article five, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section five, relating to providing for a gender-based pay equity salary adjustment for state employees; providing for a method to determine eligibility for and amount of adjustment; designating source of funding for same; providing that section may not be construed to require future appropriations; providing that section shall be controlling over other rules, policies or provisions of this code; stating pay equity salary adjustment is rehabilitative in nature; providing that it is not subject to employee grievance procedure; and stating legislative intent that no civil cause of action may arise from the provisions or implementation of the section.

Be it enacted by the Legislature of West Virginia:

That article five, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section five, to read as follows:

ARTICLE 5. SALARY INCREASE FOR STATE EMPLOYEES.

§5-5-5. Pay equity adjustment.

The Legislature hereby directs that a gender-based pay equity salary adjustment be provided to public employees as determined by the secretary of the department of administration, based on recommendations of the equal pay commission. This salary adjustment shall be provided from the funding appropriated to the department of administration, office of the secretary, for purposes of a "pay equity reserve" in the fiscal year two thousand two and may not be construed to require additional appropriations from the Legislature. If any provision of this section conflicts with any rule, policy or provision of this code, the provisions of this section shall control. Because the provisions of this section are rehabilitative in nature, the results of the pay equity salary adjustments are not subject to the provisions of article six-a, chapter twenty-nine of this code. Further, it is the specific intent of the Legislature that
no private cause of action, either express or implied, may arise pursuant to the provisions or implementation of this section.
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