Senate Bill No. 533
(By Senator Craigo)
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[Introduced March 24, 1997; referred to the Committee
on Government Organization.]
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A BILL to amend and reenact section thirteen-a, article three,
chapter twelve of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to requiring
workers of the state and political subdivisions to repay
sick leave benefits received while receiving workers'
compensation temporary total disability benefits for the
same time period from the state of West Virginia; providing
that a state or political subdivisions workers' temporary
total disability benefit may be reduced by the amount of
sick leave benefits received for the same time period.
Be it enacted by the Legislature of West Virginia:
That section thirteen-a, article three, chapter twelve of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.
ARTICLE 3. APPROPRIATIONS, EXPENDITURES AND DEDUCTIONS.
§12-3-13a. Deductions by state auditor from salaries of state
officials and employees to pay taxes and purchase United States government bonds or to repay sick leave benefits received while receiving workers' compensation temporary total disability benefits for the same time period from the state of West Virginia.
The auditor of the state of West Virginia is authorized to
may deduct and withhold sums from the salaries or other
compensation of state officials and employees, to purchase United
States government bonds and other United States government
obligations, or to pay taxes as may be required by an act or acts
of the Congress of the United States of America, to repay sick
leave benefits received as a state employee or official while
receiving workers' compensation temporary total disability
benefits for the same time period from the state of West Virginia
or, upon written notice from the auditor to the secretary of the
bureau of employment programs, to reduce workers compensation
temporary total disability benefits received as a state employee
or official by the amount of sick leave benefits received for the
same time period from the state of West Virginia.
The auditor of the state of West Virginia shall, upon the
written request or order of any state official or employee,
deduct and withhold sums from the salaries his or her salary or
compensation of state officials and employees to make voluntary
purchases of United States government bonds or other United
States government obligations for such officials or employees the
official or employee.
The auditor shall keep an account of the accumulated
deductions of each state official and employee and shall issue
receipts to state officials and employees for all sums deducted
and withheld as herein provided in this section. The sums, when
deducted, shall be transferred by the auditor to a special fund
in the state treasury, and, as soon as reasonably convenient,
transmitted to the treasurer of the state of West Virginia, as an
issuing agent of federal securities, or such any other official
or agent of the United States government designated by the
secretary of the treasury of the United States of America, from
time to time.
Should If any official or employee leave leaves the employ
of the state at a time when there is not sufficient accumulation
of deductions from his or her salary or compensation to purchase
a United States government bond then the auditor shall either
purchase United States government savings stamps in the amount of
the accumulation or refund to the official or employee the accumulation as an erroneous payment into the special fund herein
created in this section.
The auditor shall be is responsible for the delivery of
United States government bonds or obligations purchased with the
deductions from the salaries or compensation of state officials
and employees only when the United States government bonds or
obligations are presented to him or her by the official or agent
of the United States government for delivery to the state
officials or employees.
To promote efficiency and economy in making such the
deductions as provided herein in this section, the auditor is
authorized to promulgate propose rules and regulations for
promulgation in accordance with article three, chapter
twenty-nine-a of this code, and to designate the time for the
presentment of the payroll requisitions for state officials and
employees and requisitions for other claims against the state:
Provided, That all officials and employees shall be paid at least
once every thirty-one days. All officials and employees of the
state shall comply with the rules and regulations promulgated by
the auditor under this section.
The auditor shall establish procedures necessary to identify
those state employees who are, contrary to section one, article
four, chapter twenty-three of this code, receiving sick leave benefits and workers' compensation temporary total disability
benefits for the same time period and to notify the employing
agency of the fact that the employee is receiving sick leave
benefits while at the same time he or she is receiving workers'
compensation temporary total disability benefits: Provided, That
the procedure shall include the computerized comparison of agency
payrolls against workers' compensation temporary total disability
benefits payments for the purpose of detecting who is receiving
temporary total disability benefits while also receiving sick
leave benefits.
The auditor shall propose a legislative rule for
promulgation pursuant to article three, chapter twenty-nine-a of
the code, to establish procedures necessary for the several state
agencies to cause, as provided in section one, article four,
chapter twenty-three of this code, any workers' compensation
temporary total disability benefits to be reduced by the amount
owed the agency by an employee who has received sick leave
benefits and workers' compensation temporary total disability
benefits for the same time period and fails to pay to his or her
employer the temporary total disability benefits received or an
amount equal to the temporary total disability benefits received.
NOTE: The purpose of this bill is to implement a procedure
to enforce the requirement that state or political subdivision employees be prohibited from collecting both temporary total
disability benefits and sick leave benefits for the same time
period.
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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