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2009 SESSION
087878300Be it enacted by the General Assembly of Virginia:
1. That § 51.1-1103 of the Code of Virginia is amended and reenacted as follows:
§ 51.1-1103. Participation in the program.
A. All prior elections to participate in the program shall be irrevocable.
B. 1. Except for eligible employees who are employed by an institution of higher education in a faculty position performing teaching, research or administrative duties, all eligible employees commencing employment or who are reemployed on or after January 1, 1999, shall participate in the program. The effective date of participation in the program for such employees shall be their first day of employment.
2. Except for such employees of an institution of higher
education, all eligible employees not participating in the program prior
to October 1, 2002, shall as of September 30,
2008, may elect to participate in the program effective January 10,
2003, unless such employee elects not to participate in the program as provided
herein. An Any election not
to participate shall be in writing, and on forms prescribed by the Retirement
System, and shall be received by the Retirement System during the period
commencing on October 1, 2002 2008, but
before January 1, 2003 2009. An
election not to participate in the program
shall be irrevocable and such employee shall be ineligible to
participate in the program for the period of his continued employment by the
Commonwealth. The effective date of participation in the program
for electing employees shall be the first day of the pay period
following the delivery of the notice of the election to the Retirement System.
C. Any eligible employee who is employed by an institution of
higher education in a faculty position performing teaching, research or
administrative duties may elect to participate in the program established under
this chapter or under an existing program provided by the institution. Any
eligible employee who is (i) employed by an institution of higher education in
a faculty position performing teaching, research or administrative duties prior
to October 1, 2002 as of September 30, 2008, and (ii)
not participating in the program, shall participate in the program established
under this chapter effective January 10, 2003, unless such employee elects not as a
result of a prior election not to participate, may elect to
participate in the manner provided in subdivision B 2.
Any eligible employee of an institution of higher education in
a faculty position performing teaching, research or administrative duties
employed or reemployed on or after October 1, 2002 subsequent to September 30, 2008, shall participate in the program
unless such employee elects not to participate in the program, in writing and
on such forms as prescribed by the Retirement System, within 60 days from the
time of entry upon the performance of his duties. The effective date of
participation in the program for such employees shall be the first day
following the expiration of such 60-day period or January 10, 2003,
whichever is later.
Any eligible employee under this subsection shall participate in the sickness and disability program established by his institution of higher education until such time as the employee participates in the program established under this chapter. If the institution of higher education has not established its own sickness and disability program, such eligible employee shall participate in the program established under this chapter effective on his first day of employment.
D. An election Any eligible employee electing not to
participate in the program established under this chapter shall be irrevocable and such employee shall be ineligible to participate
in the program for the period of his continued employment by the Commonwealth.
DE. The
provisions of this subsection shall apply to any eligible employee who
participates in the program under the provisions of subdivision B 2 or
subsection C. Any eligible employee, including a person employed by an institution
of higher education in a faculty position performing teaching, research or
administrative duties, who (i) is a member of the Retirement System, and (ii)
commenced employment or was reemployed prior to January 1, 1999, shall have his
sick leave balances, as of the effective date of coverage in the program,
converted to disability credits, as provided in subsection E F.
EF. Any
eligible employee converting his sick leave balance as provided in subsection D E
shall receive one hour of disability credit for each hour of sick leave.
Disability credits shall be used to continue periods for which the
participating employee receives income replacement during periods of short-term
and long-term disability at 100 percent of creditable compensation. Disability
credits shall be reduced by one day for each day that the participating
employee receives short-term or long-term disability benefits.
FG. Upon
retiring directly from state service and receiving an immediate annuity, the
eligible employee's unused disability credits shall be converted to service
credit under the Retirement System at the rate of one month of service for each
173 hours of disability credits, rounded to the next highest month, unless the
employee elects to be paid for the balance of such disability credits under the
same terms and subject to the same conditions as are in effect for the payment
of sick leave benefits in the employee's agency on December 31, 1998. Upon
leaving state service under any other circumstances, the employee shall be paid
for the balance of such disability credits under the same terms and subject to
the same conditions as are in effect for the payment of sick leave benefits in
the employee's agency on December 31, 1998, unless he elects to have such
credits converted to service credit under the Retirement System at the rate of
one month of service for each 173 hours of disability credits, rounded to the
next highest month. Upon entry into long-term disability, the employee may be
paid for the balance of such disability credits under the same terms and
subject to the same conditions in effect for payment of sick leave benefits in
the employee's agency as of December 31, 1998.
GH.
Eligibility for participation in the program shall terminate upon the earliest
to occur of an employee's (i) termination of employment, (ii) death, or (iii)
retirement from service. Eligibility for participation in the program shall be
suspended during periods that an employee is placed on nonpay status, including
leave without pay, if such nonpay status is due to suspension pending
investigation or outcome of employment-related court or disciplinary action.