West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-08 - Service Credit for Accrued and Unused Sick and Annual Leave › Section 162-8-7 - West Virginia State Police Retirement System

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Service Credit for Accrued Unused Sick and Annual Leave. - Members of the West
				Virginia State Police Retirement System first hired prior to July 1,2015 may
				elect to receive additional service credit in exchange for accrued and unused
				sick and annual leave at the time of retirement. Members first hired prior to
				July 1, 2015 who make this election are eligible for any additional service
				credit to which the member is entitled based upon the number of the member's
				accrued unused sick and annual leave days which stand to the member's credit at
				the time of retirement. In calculating a member's service credit for accrued
				unused sick and annual leave, the Board shall not include any accrued and
				unused sick and annual leave days which stand to the member's credit with any
				participating public employer prior to the member's employment at the West
				Virginia State Police which are not transferable to or recognized by the West
				Virginia State Police. In interpreting, applying and administering this rule
				and subject to the limitations found in subsections 7.2. and 7.3. of this rule,
				the Board shall accept the policy of the West Virginia State Police for the
				accrual of unused sick and annual leave. In order for the West Virginia State
				Police's annual and sick leave policy to be recognized by the Board, the policy
				must be a written standard that is an accepted standard by the
				employer.
7.2. Limitation on the
				Accrual of Unused Sick and Annual Leave. - If the West Virginia State Police
				policy for the accrual of unused sick and annual leave is more generous than
				that of the State of West Virginia for its state agency employees, trooper
				members shall receive service credit only for unused sick and annual leave as
				provided for by the State of West Virginia for state employees who are covered
				by the rules of the West Virginia Division of Personnel, except as provided in
				subdivision 7.2.1.
7.2.1. Except as provided
				in subdivision 7.2.2. of this rule, for purposes of determining service credit
				that may be received by a trooper member for accrued and unused annual leave, a
				trooper member with up to 480 hours (60 work days) accrued and unused annual
				leave that was carried forward from 2005 to 2006 may carry forward accrued and
				unused annual leave from 2006 to 2007 in an amount not to exceed either the
				amount of accrued and unused annual leave actually carried over from 2005 to
				2006 or the amount of accrued and unused annual leave actually remaining to the
				trooper member at the expiration of calendar year 2006, whichever is lesser. At
				the end of each calendar year thereafter, the trooper member may carry over the
				lesser of the amount carried over the previous year or the amount actually
				remaining to the trooper member at the expiration of calendar year.
7.2.2. If the amount of a trooper member's
				unused annual leave carried over from 2005 to 2006, or from any year to the
				next thereafter, is less than the amount of unused annual leave permitted to be
				carried over as provided for by the State of West Virginia for state employees
				who are covered by the rules of the West Virginia Division of Personnel, the
				provisions of subdivision 7.2.1. of this rule do not apply and the trooper
				member shall thereafter be governed by the provisions of subsection 7.2. of
				this rule and for purposes of determining service credit that may be received
				by a trooper member for accrued and unused annual leave, is permitted to carry
				over annual leave up to but not exceeding the amounts permitted to be carried
				over as provided for by the State of West Virginia for state employees who are
				covered by the rules of the West Virginia Division of Personnel.
7.2.3. The provisions of this rule govern the
				determination of service credit that may be received by a trooper member for
				accrued and unused annual leave, and may not be construed to supersede any West
				Virginia State Police policy for the accrual of unused sick and annual leave
				applicable to contributing trooper members before retirement.