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Introduced Version House Bill 4609 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 4609


(By Delegates Fleischauer, Caputo, Fragale,
Susman, Manchin, G. White and Craig)
[Introduced February 25, 2004
; referred to the
Committee on Education then Finance.]



A BILL to amend and reenact §5-5-1 of the code of West Virginia, 1931, as amended, relating to including faculty employees at state institutions of higher education as state employees who receive increment pay.

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 to read as follows:
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. 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 the 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 and any full-time 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 or of the higher education policy commission;
(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.
NOTE: The purpose of this bill is to include faculty employees at state institutions of higher education as state employees who receive increment pay.

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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