West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-08 - Reimbursement Of Compensation Paid To State Employees For Training, Education And Professional Development › Section 143-8-2 - Reimbursement agreement form

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. A written reimbursement
				agreement to repay training compensation for advanced professional
				development training shall read as follows with the details of each
				agreement specified by the employing agency:
STATE OF WEST VIRGINIA
ADVANCED PROFESSIONAL DEVELOPMENT TRAINING
				  EXPENSE REIMBURSEMENT AGREEMENT
THIS AGREEMENT
, made and entered into
				  this ____ day of ____________________ 20____,
by and between
				  ____________________________________________________ (referred to in
				  this Agreement as "the Employee"), and the___________________________
				  of the State of West Virginia (referred to in this Agreement as "the
				  Agency"), provides as follows:
WHEREAS
, the Agency will incur
				  expenses in the form of training compensation related to advanced
				  professional development training of the Employee in the form of
				  ________________, and
WHEREAS,
"training compensation" means
				  tuition and expenses, paid to or on the behalf of the Employee in the
				  amount of ____________ for the above specified advanced professional
				  development training, and
WHEREAS
, the Agency and the Employee
				  recognize that it is unfair and inequitable for the Agency to incur
				  expenses for advanced professional development training of the
				  Employee if the Employee does not remain with the Agency for at least
				  one year after the completion of such advanced professional
				  development training;
NOW THEREFORE
, the parties agree as
				  follows:
1. If the Employee
				voluntarily leaves employment with the Agency within one year after
				completion of advanced professional development training paid for by
				the Agency, and becomes employed within one year with an entity other
				than the State of West Virginia, in a capacity which utilizes the
				advanced professional development training, the Employee shall repay,
				within one year of his/her employment with an entity other than the
				State of West Virginia, a pro rata portion of the training
				compensation calculated at the rate of 1/365th of the agency cost of
				the advanced professional development training for each day of the
				unmet employee obligation.
2. The Agency may utilize any and
				all lawful collection methods for repayment of the pro rata portion
				of the training compensation, including, but not limited to:
				withholding of the Employee's final paycheck; withholding payment of
				the Employee's annual leave upon separation; attachment of the
				Employee's wages; and, action against the Employee's contributions to
				and/or benefits of any State retirement system.
3. The Employee shall report any
				employment within one year with an entity other than the State of
				West Virginia, in a capacity which utilizes the advanced professional
				development training.
4.
				In the event the Employee is delinquent in repayment, the Agency
				shall be entitled to collect the entire amount immediately and may
				take legal action to do so. In the event this matter is referred to a
				collection agency, the Agency shall be entitled to recover all costs
				of collection and associated fees incurred by the Agency in
				collecting the unpaid balance. In the event the Employee, as a result
				of illness or injury, becomes, for a temporary period of time, unable
				to perform his or her assigned job functions for which the advanced
				professional development training is utilized, repayment shall be
				deferred until the Employee is able to perform his or her assigned
				job functions. In the event the Employee, as a result of illness or
				injury, becomes permanently unable to perform his or her assigned job
				functions for which the advanced professional development training is
				utilized, repayment shall be waived.
5. This Agreement is the entire
				Agreement among the parties on the matters contained herein, and it
				may be modified only in writing signed by the parties. Any prior or
				contemporaneous promises, representations, or agreements related to
				the matters contained herein are revoked and waived. If any portion
				is held unenforceable for any reason, the remainder of the Agreement
				is deemed severable. This Agreement is governed by the laws of the
				State of West Virginia. The Employee and the Agency agree that
				jurisdiction and venue for all suits related to or arising out of
				this Agreement against the Agency shall be proper only in the Circuit
				Court of Kanawha County.
6. The Employee acknowledges that
				s/he has read this Agreement and has had a reasonable period of time
				to consider it. The Employee further acknowledges that this is a
				binding legal document and that s/he was advised of his/her right to
				have it reviewed by independent counsel before signing it and that
				s/he understands all the terms of the Agreement and has voluntarily
				agreed to those terms.
IN WITNESS WHEREOF, the Employee and Agency execute
				  this Agreement, effective the latest of dates set forth below.
_____________________________________________________________________________________
Date Employee Signature (Type name)
_____________________________________________________________________________________
Date Signature for Agency (Type
				  name)