Senate Bill No. 263
(By Senator Foster)
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[Introduced February 23, 2005; referred to the Committee
on Pensions; and then to the Committee on Finance.]
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A BILL to amend and reenact §5-5-3 of the Code of West Virginia,
1931, as amended, relating to the rights of members' unused,
accrued leave in final average salary.
Be it enacted by the Legislature of West Virginia:
That §5-5-3 of the Code of West Virginia, 1931, as amended, be
amended and reenacted to read as follows:
ARTICLE 5. SALARY INCREASE FOR STATE EMPLOYEES.
§5-5-3. Optional payment to employee in lump sum amount for
accrued and unused l
eave at termination of employment;
no withholding of any employee contribution deduction;
exception.
Every eligible employee, as defined in section one of this
article, at the time his or her active employment ends due to
resignation, death, retirement or otherwise, may be paid in a lump
sum amount, at his or her option, for accrued and unused annual leave at the employee's usual rate of pay at
such the time. The
lump sum payment shall be made by the time of what would have been
the employee's next regular payday had his
or her employment
continued. In determining the amount of
annual leave entitlement,
weekends, holidays or other periods of normal, noncountable time
shall be excluded, and no deductions may be made for contributions
toward retirement from lump sum payments for unused, accrued
annual
leave
of any kind or character, since no period of service credit
is granted in relation thereto; however,
such lump sum payment
for
unused, accrued leave of any kind or character may not be a part of
final average salary computation; and where any
such deduction of
employee contribution may have been heretofore made, a refund of
such the amount deducted shall be granted the former employee and
made by the head of the respective former employer spending unit:
Provided, That the Superintendent of the
department of public
safety West Virginia State Police shall make deductions for
retirement contributions of members of the
department State Police
Death, Disability and Retirement Fund heretofor created and
continued in section twenty-six, article two, chapter fifteen of
this code since retirement benefits are based on cumulative
earnings rather than period of service.
NOTE: The purpose of this bill is to clarify lump sum
optional payment for unused leave.
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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