ENGROSSED
Senate Bill No. 4019
(By Senators Plymale, Edgell, Bailey, Bowman, Oliverio, Unger and
White)
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[Originating in the Committee on Education;
reported September 10, 2005.]
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A BILL to amend and reenact §5-5-1 of the Code of West Virginia,
1931, as amended; to amend said code by adding thereto a new
section, designated §18B-8-7; and to amend said code by adding
thereto a new section, designated §18B-9-13, all relating to
higher education salary increases; providing the salary
increment to faculty at state institutions of higher
education; and providing methods for allocating certain funds
for higher education employee salary increases.
Be it enacted by the Legislature of West Virginia:
That §5-5-1 of the Code of West Virginia, 1931, as amended, be
amended and reenacted; that said code be amended by adding thereto
a new section, designated §18B-8-7; and that said code be amended
by adding thereto a new section, designated §18B-9-13, all to read
as follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS;
MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
ARTICLE 5. SALARY INCREASE FOR STATE EMPLOYEES.
§5-5-1. Definitions.
For the purposes of this article:
(a) "Eligible employee" means
either of the following:
(1) Any regular full-time employee of the state or any
spending unit of the state who is eligible for membership in any
state retirement system of the State of West Virginia or other
retirement plan authorized by the state:
Provided, That the
mandatory salary increase required by this article
shall does not
apply to any faculty employee at state institutions of higher
education or any employee of the state whose compensation is fixed
by statute or by statutory schedule other than employees described
in this section:
Provided, however, That effective the first day
of July, two thousand six, the mandatory salary increase required
by this article does apply to certain faculty employees at state
institutions of higher education as set forth in subdivision (3) of
this subsection. Clerks, deputy clerks and magistrate assistants
of magistrate courts are eligible for the incremental salary
increases provided in this article with the increases to be
allowable in addition to the maximum salaries and compensation for
the employee offices under the magistrate court system statutes of
article one, chapter fifty of this code. This article
may not be construed to does not mandate an increase in the salary of any
elected or appointed officer of the state;
or
(2) Any classified employee as defined in section two, article
nine, chapter eighteen-b of this code who is an employee of a state
institution of higher education,
or of the Higher Education Policy
Commission
or the Council for Community and Technical College
Education; or
(3) Effective on the first day of July, two thousand six, and
thereafter, any full-time member of the faculty as defined in
section one, article eight, chapter eighteen-b of this code who is
an employee of a state institution of higher education, the Higher
Education Policy Commission or the Council for Community and
Technical College Education;
(b) "Years of service" means full years of totaled service as
an employee of the State of West Virginia; and
(c) "Spending unit" means any state office, department,
agency, board, commission, institution, bureau or other designated
body authorized to hire employees.
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 8. HIGHER EDUCATION FULL-TIME FACULTY SALARIES.
§18B-8-7. Allocation of certain funds for faculty salary
increases.
(a) The faculty share of the funds appropriated during the
fourth extraordinary session, two thousand five, to the Community and Technical College Education Control Account - Fund 0596 and to
the Higher Education Policy Commission System Control Account -
Fund 0586 shall be used for the purpose of providing salary
increases to faculty effective the first day of November, two
thousand five. Notwithstanding any institutional policies to the
contrary, the faculty share of the funds shall be allocated for the
salary increases in such a manner that all full-time faculty
receive an equal amount of a salary increase and part-time faculty
receive a salary increase that is a proportional fraction of the
salary increase of full-time faculty. The faculty share of these
funds shall be used to provide salary increases to faculty in
accordance with this section and not in accordance with any
institutional policy on faculty salary increases. The salary
increase received by each faculty member pursuant to this section
shall become a part of his or her base salary.
(b) The faculty share of the funds shall be determined by
dividing the number of full-time equivalent faculty by the sum of
all full-time equivalent employees and then multiplying the
quotient by the total amount allocated to the institution or other
entity, as applicable.
ARTICLE 9. CLASSIFIED EMPLOYEE SALARY SCHEDULE AND CLASSIFICATION
SYSTEM.
§18B-9-13. Allocation of certain funds for classified employee
salary increases.
(a) The classified employees' share of the funds appropriated
during the fourth extraordinary session, two thousand five, to the
Community and Technical College Education Control Account - Fund
0596, to the Higher Education Policy Commission Administration
Control Account - Fund 0589 and to the Higher Education Policy
Commission System Control Account - Fund 0586 shall be used for the
purpose of providing salary increases to classified employees
effective the first day of November, two thousand five.
Notwithstanding any institutional policies to the contrary, the
classified employees' share of the funds shall be allocated to
full-time equivalent classified employees for salary increases in
such a manner that each classified employee receives an equal
percentage of the amount the classified employee's salary is below
the salary prescribed for that employee in the Higher Education
Classified Employee Annual Salary Schedule set forth in section
three of this article. Classified employees who are at or above
the salary prescribed for them in the salary schedule shall not
receive an increase and shall not be included in the calculation of
each employee's salary increase. The classified employees' share
of the funds shall be used to provide salary increases to
classified employees in accordance with this section and not in
accordance with any institutional policy on classified employee
salary increases. The salary increase received by each classified
employee pursuant to this section shall become a part of his or her base salary.
(b) If any funds remain from the classified employees' share
of the funds after distributing the funds in accordance with the
method prescribed in subsection (a) of this section, the method for
allocating the remaining funds for classified employee salary
increases shall be determined by the institution or other entity,
as applicable.
(c) The classified employees' share of the funds shall be
determined by dividing the number of full-time equivalent
classified employees by the sum of all full-time equivalent
employees and then multiplying the quotient by the total amount
allocated to the institution or other entity, as applicable.