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2003 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 2.2-3202 of the Code of Virginia is amended and reenacted as follows:
§ 2.2-3202. Eligibility for transitional severance benefit.
A. Any full-time employee of the Commonwealth (i) whose position is covered by
the Virginia Personnel Act (§ 2.2-2900 et seq.), (ii) whose position is exempt
from the Virginia Personnel Act pursuant to subdivisions 2, 4 (except those
persons specified in subsection C of this section), 7, 15 or 16 of § 2.2-2905,
(iii) who is employed by the State Corporation Commission, (iv) who is employed by
the Virginia Workers' Compensation Commission, (v) who is employed by the Virginia
Retirement System, (vi) who is employed by the State Lottery Department, (vii)
who is employed by the Medical College of Virginia Hospitals or the University
of Virginia Medical Center, or (viii) who is employed at a state educational
institution as administrative or professional faculty (including presidents and
teaching and research faculty) as defined in the Consolidated Salary
Authorization for Faculty Positions in Institutions of Higher Education,
1994-95, or (ix) whose position is exempt from the Virginia Personnel Act
pursuant to subdivision 3 or 20 of § 2.2-2905 and was employed continuously
full time by the Commonwealth for 15 years or more prior to appointment, and
(a) who, on or after January 1, 1995, is involuntarily separated, or is involuntarily
separated on or after July 1, 1994, if at the time of involuntary separation had
attained age fifty 50 and had fifteen 15 or more years of service, and (b) for
whom reemployment with the Commonwealth is not possible because there is no
available position for which the employee is qualified or the position offered
to the employee requires relocation or a reduction in salary, shall be
eligible, under the conditions specified, for the transitional severance
benefit conferred by this chapter. The date of involuntary separation shall
mean the date an employee was terminated from employment or placed on leave
without pay-layoff or equivalent status.
B. An otherwise eligible employee whose position is contingent upon project grants as defined in the Catalogue of Federal Domestic Assistance, shall not be eligible for the transitional severance benefit conferred by this chapter unless the funding source had agreed to assume all financial responsibility therefor in its written contract with the Commonwealth.
C. Members of the Judicial Retirement System (§ 51.1-300 et seq.) and officers elected by popular vote shall not be eligible for the transitional severance benefit conferred by this chapter.
D. Eligibility shall commence on the date of involuntary separation.
2. That the provisions of this act shall apply to appointments made on and after the effective date of this act.