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.