H. B. 2504

(By Delegates Kominar and Doyle)
[Introduced January 22, 2003; referred to the
Committee on Pensions and Retirement then the Judiciary.]

A BILL to amend and reenact section three, article two, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the consolidated public retirement board to promulgate a legislative rule relating to service credit for accrued and unused sick and annual leave.

Be it enacted by the Legislature of West Virginia:
That section three, article two, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 2. AUTHORIZATION FOR DEPARTMENT OF ADMINISTRATION TO PROMULGATE LEGISLATIVE RULES.

§64-2-3. Records management and preservation board.
(a) The legislative rule filed in the state register on the twenty-sixth day of July, two thousand one, under the authority of section fifteen, article eight, chapter five-a, of this code, modified by the records management and preservation board to meet the objections of the legislative rule-making review committee and refiled in the state register on the fifteenth day of January, two thousand two, relating to the records management and preservation board (county records management and preservation grant program, 100 CSR 1), is authorized.

(b) The legislative rule filed in the state register on the first day of September, two thousand, authorized under the authority of section one, article ten-d, chapter five, of this code, modified by the consolidated public retirement board to meet the objections of the legislative rule-making review committee and refiled in the state register on the fourteenth day of December, two thousand, relating to the consolidated public retirement board (service credit for accrued and unused sick and annual leave, 162 CSR 8), is authorized with the amendments set forth below:
"On page one, subdivision 1.1, by adding a new sentence at the end of the subdivision to read as follows: 'Employees of the judicial and legislative branches of government are exempt from this rule.';
On page one, subdivision 4.1, line twenty-six, following the word 'shall' by striking out the words 'be deferential to' and inserting in lieu thereof the word 'accept'; and
On page two, subdivision 4.1, line three, following the word 'policy' by striking out the words 'shall have been formally adopted in writing by the employer' and inserting in lieu thereof the words 'must be a written standard that is an accepted standard by the employer'."

NOTE: The purpose of this bill is to

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.