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2003 SESSION
039053504Be 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 (i) state employee as defined in § 51.1-124.3 of the Code of Virginia, (ii) employee as defined in § 51.1-201 of the Code of Virginia and (iii) employee as defined in § 51.1-212 of the Code of Virginia who (a) is at least 50 years of age and (b) as of July 1, 2003, has the number of years of creditable service set forth in § 4 in the Virginia Retirement System (§ 51.1-124.1 et seq. of the Code of Virginia), State Police Officers' Retirement System (§ 51.1-200 et seq. of the Code of Virginia) or the Virginia Law Officers' Retirement System (§ 51.1-211 et seq. of the Code of Virginia) shall have the Commonwealth purchase on his behalf years to be credited to either his age or creditable service, or a combination thereof, provided (1) 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, (2) such application is approved by the appropriate governing authority, and (3) 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 shall deferred retirement under the provisions of subsection C of §§ 51.1-153, 51.1-205, and 51.1-216, or disability retirement under the provisions of §§ 51.1-156, 51.1-157, 51.1-158, 51.1-209, and 51.1-220 be available under the retirement incentive program established herein.
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; and (iii) for an agency in the legislative branch or an independent agency, the appropriate collegial body.
In order to be credited with the additional years of credit under § 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; and
d. Employees who were hired on or after January 1, 2003.
§ 4. An employee described in § 1 who is a member of the Virginia Retirement System shall have at least 27 years of creditable service in such retirement system in order to be eligible to participate in the retirement program established herein. An employee described in § 1 who is a member of the State Police Officers' Retirement System or the Virginia Law Officers' Retirement System shall have at least 23 years of creditable service in such retirement system in order to be eligible to participate in the retirement program established herein.
a. For any such employee (i) whose application to participate in the retirement incentive program hereunder is accepted by the appropriate governing authority, and (ii) who provides written notice to the Virginia Retirement System by November 28, 2003, of his intent to participate in such program and of his election to retire on an immediate retirement allowance, the Commonwealth shall purchase on his behalf years to be credited to either his age or creditable service, or a combination thereof, except that any years of credit purchased on behalf of an employee who is eligible for unreduced retirement shall be added to his creditable service and not his age.
b. The amount to be used for the purchase of years of credit by the Commonwealth shall be based upon the following:
If on December 31, 2003, the employee has (i) 3 years through and including 9 years of consecutive service to the Commonwealth, the amount to be used for purchasing years of credit shall be equivalent to 4 weeks of the employee's salary plus one additional week of salary for every year of service over 2 years; (ii) 10 years through and including 14 years of consecutive service to the Commonwealth, the amount to be used for purchasing years of credit shall be equivalent to 12 weeks of the employee's salary plus 2 additional weeks of salary for every year of service over 9 years; or (iii) 15 years or more of consecutive service to the Commonwealth, the amount to be used for purchasing years of credit shall be equivalent to 2 weeks of the employee's salary for every year of service, not to exceed 36 weeks of salary.
c. The cost of each year of age or creditable service purchased by the Commonwealth shall equal 15 percent of the employee's present annual compensation. The number of years of age or creditable service to be purchased by the Commonwealth shall be equal to the quotient obtained by dividing (i) the amount determined in subdivision b by (ii) the cost of each year of age or creditable service. Partial years shall be rounded up to the next highest year.
§ 5. The actuarial cost of the years of credit purchased by the Commonwealth under § 4 shall be borne by the employer from which such employee is retiring pursuant to such retirement incentive program. For purposes of paying such actuarial cost, the provisions of § 2.2-3205 shall apply to this act mutatis mutandis, except that the actuarial cost shall be paid by no later than January 1, 2007.
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.