Introduced Version
Senate Bill 116 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 116
(By Senators Prezioso, Hunter, Jenkins, Caldwell, Rowe, McKenzie
and Dempsey)
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[Introduced January 14, 2004; referred to the Committee on
Education; and then to the Committee on Finance.]
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A BILL to amend and reenact §18B-9-5
of the code of West Virginia,
1931, as amended, relating to the incremental salary increase
for classified employees of higher education; and reinstating
the annual incremental increase for classified employees.
Be it enacted by the Legislature of West Virginia:
That §18B-9-5
of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 9. CLASSIFIED EMPLOYEE SALARY SCHEDULE AND CLASSIFICATION
SYSTEM.
§18B-9-5. Classified employee salary.
(a) Any classified employee may receive merit increases and
salary adjustments in accordance with policies established by the
board of governors: Provided, That merit raises may be granted only pursuant to a rule adopted by the board of governors, and
approved by the chancellor, which provides a fair and equitable
basis for granting merit raises pursuant to regular evaluations
based upon reasonable performance standards.
(b) The current annual salary of any classified employee may
not be reduced by the provisions of this article nor by any other
action inconsistent with the provisions of this article, and
nothing in this article may be construed to prohibit promotion of
any classified employee to a job title carrying a higher pay grade
if the promotion is in accordance with the provisions of this
article and the personnel classification system established by the
appropriate governing board.
(c) The cost of providing any salary increase pursuant to the
provisions of section two, article five, chapter five of this code,
shall be borne by the commission or institution from its existing
budget. The commission or institution may not increase tuition and
fee charges, increase auxiliary fee charges, or receive additional
general revenue funds to recover the costs of the increase.
Notwithstanding any other provision of this code or law to the
contrary, if insufficient funding is available to an institution or
the commission to implement the provisions of said section two,
funding may be derived from reducing employee positions to any
level, in the discretion of the institution or commission, that is
sufficient to provide adequate funds, and without regard to seniority.
(d) Notwithstanding any other provision of this section, each
classified employee with three or more years of experience shall
receive an annual salary increase equal to fifty dollars times the
employee's years of experience. These incremental increases are in
lieu of any salary increase received pursuant to section two,
article five, chapter five of this code and are in addition to any
across-the-board, cost-of-living or percentage salary increases
which may be granted in any fiscal year by the Legislature and
shall be paid in like manner as the annual payment to eligible
state employees of the incremental salary increases based on years
of service under the provisions of section two, article five,
chapter five of this code.
NOTE: The purpose of this bill is to reinstate mandatory
incremental salary increases for classified employees of higher
education based on years of service
without a cap on the number of
years of service.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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