SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2003 SESSION
032396948Be it enacted by the General Assembly of Virginia:
1. That § 2.2-1501 of the Code of Virginia is amended and reenacted as follows:
§ 2.2-1501. Duties of Department.
The Department shall have the following duties:
1. Development and direction of an integrated policy analysis, planning, and budgeting process within state government.
2. Review and approval of all sub-state district systems boundaries established or proposed for establishment by state agencies.
3. Formulation of an executive budget as required in this chapter. In implementing this provision, the Department shall (i) utilize the resources and determine the manner of participation of any executive agency as the Governor may determine necessary to support an efficient and effective budget process notwithstanding any contrary provision of law and (ii) make an appropriate reduction in the appropriation and maximum employment level of any state agency or institution in the executive branch of government that had an employee retire pursuant to the Retirement Incentive Program Act of 2003. The budget shall include reports, or summaries thereof, provided by agencies of the Commonwealth pursuant to subsection E of § 2.2-603.
4. Conduct of policy analysis and program evaluation for the Governor.
5. Continuous review of the activities of state government focusing on budget requirements in the context of the goals and objectives determined by the Governor and the General Assembly and monitoring the progress of agencies in achieving goals and objectives.
6. Operation of a system of budgetary execution to ensure that agency activities are conducted within fund limitations provided in the appropriation act and in accordance with gubernatorial and legislative intent. The Department shall make an appropriate reduction in the appropriation and maximum employment level of any state agency or institution in the executive branch of government that reports involuntary separations from employment with the Commonwealth due to budget reductions, agency reorganizations, or workforce down-sizings, or voluntary separations from employment with the Commonwealth as provided in the second and third enactments of the act of the General Assembly creating the Workforce Transition Act of 1995 (§ 2.2-3200.). In the event an agency reduces its workforce through privatization of certain functions, the funds associated with such functions shall remain with the agency to the extent of the savings resulting from the privatization of such functions.
7. Development and operation of a system of standardized reports of program and financial performance for management.
8. Coordination of statistical data by reviewing, analyzing, monitoring, and evaluating statistical data developed and used by state agencies and by receiving statistical data from outside sources, such as research institutes and the federal government.
9. Assessment of the impact of federal funds on state government by reviewing, analyzing, monitoring, and evaluating the federal budget, as well as solicitations, applications, and awards for federal financial aid programs on behalf of state agencies.
10. Review and verify the accuracy of agency estimates of receipts from donations, gifts or other nongeneral fund revenue.
11. Development, coordination and implementation of a performance management system involving strategic planning, performance measurement, evaluation, and performance budgeting within state government. The Department shall ensure that information generated from these processes is useful for managing and improving the efficiency and effectiveness of state government operations, and is available to citizens and public officials. The Department shall submit annually on or before the second Tuesday in January to the Chairman of the House Appropriations Committee and the Chairman of the Senate Finance Committee a report that sets forth state agencies' strategic planning information and performance measurement results pursuant to this subdivision for the immediately preceding fiscal year.
12. Development, implementation and management of an Internet-based information technology system to ensure that citizens have access to performance information.
13. Development, implementation and management of an Internet-based information technology system to ensure that citizens have access to meeting minutes and information pertaining to the development of regulatory policies.
2. § 1. Title. This act shall be known and may be cited as the "Retirement Incentive Program Act of 2003."
§ 2. Except as provided under this act a current state employee as defined in
§ 51.1-124.3 who, as of July 1, 2003, (a) has the number of years of
creditable service set forth in § 4 in the Virginia Retirement System (§
51.1-124.1 et seq.), (b) meets the age requirement and all other requirements
for eligibility for retirement under such retirement system shall be credited
with the additional creditable service in § 4 provided (c) such
employee makes a signed application to his agency head on the proper,
prescribed form to participate in the retirement incentive program established
herein by September 15, 2003, (d) such application is approved by the
appropriate governing authority, and (e) such employee provides written notice
to the Virginia Retirement System by November 28, 2003, of his intent to
participate in such retirement incentive program and of his election to retire
on an immediate retirement allowance from such applicable retirement
system. However, in no case under such retirement incentive program shall an
employee who is otherwise eligible to participate in such program be allowed to
participate by electing deferred retirement under the provisions of
subsection C of § 51.1-153 or disability retirement under the provisions of §§
51.1-156 et seq.
Such employee desiring to participate in such retirement incentive program shall submit a signed application to his agency head by September 15, 2003, on a form prescribed by the Department of Human Resource Management. The signed application shall include an executed binding agreement with the Department providing that such employee shall not be employed in any capacity, or hired in an individual capacity as an independent contractor or consultant to perform essentially the same functions as he performed at the time of his retirement pursuant to such retirement incentive program, by the Commonwealth for a 3-year period beginning January 1, 2004. Such agreement shall not become effective unless such employee retires, as provided under this act, pursuant to such retirement incentive program. The Department shall, by July 31, 2003, develop such prescribed form, including such binding agreement, to be used by all agencies.
Such employee shall not be eligible to participate in such retirement incentive program unless his signed application is accepted by the appropriate governing authority. The agency shall notify applying employees whether their application has been accepted by October 15, 2003. The criteria for evaluation and acceptance of an application shall be subject to policies and procedures developed by the appropriate governing authority. As used herein, the "governing authority" means (i) for an agency in the executive branch, the Governor or his designee; (ii) for an agency in the judicial branch, the Supreme Court of Virginia; (iii) and for an agency in the legislative branch or an independent agency, the appropriate collegial body.
In order to be credited with the additional creditable service in § 4, such employee whose signed application to participate in such retirement incentive program has been accepted shall provide written notice to the Virginia Retirement System by November 28, 2003, of his intent to participate in such retirement incentive program and of his election to retire on an immediate retirement allowance from such applicable retirement system. Such written notice shall be on forms prescribed by the Virginia Retirement System. Such election to retire shall be irrevocable. The effective date of retirement for such employee retiring pursuant to such retirement incentive program shall be January 1, 2004.
§ 3. The following employees shall not participate in the retirement incentive program established under this act:
a. The Governor, Lieutenant Governor, Attorney General, and members of the General Assembly;
b. Presidents and teaching and research faculty as defined in the Consolidated Salary Authorization for Faculty Positions in Institutions of Higher Education, 2001-2002, at state educational institutions. However, the respective Board of Visitors may elect to permit full-time teaching and research faculty, including administrative and professional faculty, at any senior institution of higher education or Richard Bland College to participate in such program, subject to all other conditions of this act. In addition, the State Board of Community Colleges may elect to permit full-time teaching and research faculty, including administrative and professional faculty, employed by the Virginia Community College System, to participate in such program, subject to all other conditions of this act;
c. Employees whose positions are contingent upon project grants as defined in the Catalogue of Federal Domestic Assistance;
d. Law-enforcement officer as defined in § 9-169 and any member of the Virginia Law Officers' Retirement System who is not a law-enforcement officer;
e. Correctional officers as defined in § 53.1-1; and
f. Employees who were hired on or after January 1, 2003.
§ 4. Such employee retiring from the Virginia Retirement System pursuant to such retirement incentive program shall be credited with additional creditable service, at no cost, based upon his years of creditable service as follows:
Years of service as of July 1, 2003 Additional creditable service
At least 27 years but less than 28 years 3 years
At least 28 years but less than 29 years 2 years
At least 29 years 1 year
§ 5. The actuarial cost of the additional creditable service credited under § 4 shall be borne by the employer from which such employee is retiring pursuant to such retirement incentive program. Such cost shall be paid for by adjustment to the employer's annual contribution rate pursuant to § 51.1-145. The Virginia Retirement System shall increase such annual contribution rate to provide for payment of such actuarial cost if the Virginia Retirement System determines such increase is necessary to provide retirement benefits to employees and retirees of the employer at the level currently required by law under the Virginia Retirement System (§ 51.1-124.1 et seq.).
3. That the seventh enactment of Chapter 152 of the Acts of Assembly of 1995 is amended and reenacted as follows:
7. That in keeping with the purposes of this act, an otherwise eligible employee who, on or after January 1, 1995, but prior to January 1, 2003, elects to participate in any other program providing incentives for voluntary termination of employment offered by the Commonwealth shall be eligible, under the conditions specified, for the benefits established by the second and third enactments of this act, but in no event shall an employee receive the benefits of more than one incentive program
4. That the seventh enactment of Chapter 811 of the Acts of Assembly of 1995 is amended and reenacted as follows:
7. That in keeping with the purposes of this act, an otherwise eligible employee who, on or after January 1, 1995, but prior to January 1, 2003, elects to participate in any other program providing incentives for voluntary termination of employment offered by the Commonwealth shall be eligible, under the conditions specified, for the benefits established by the second and third enactments of this act, but in no event shall an employee receive the benefits of more than one incentive program.
5. That no person who voluntarily resigned pursuant to the second enactment of Chapters 152 and 811 of the Acts of Assembly of 1995 shall be eligible to participate in the retirement incentive program established under this act. In addition, no person who voluntarily retired pursuant to the third enactment of Chapters 152 and 811 of the Acts of Assembly of 1995 shall be eligible to participate in the retirement incentive program established under this act.
6. That all state agencies or institutions shall maintain a report of the number of its employees who retired pursuant to the Retirement Incentive Program Act of 2003. Such report shall include the amount of the appropriations required to pay such employees' compensation and benefits immediately prior to such retirement.