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2011 SESSION

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11101881D
SENATE BILL NO. 1121 Offered January 12, 2011 Prefiled January 11, 2011 A BILL to amend and reenact §§ 15.2-1506 and 15.2-1517 of the Code of Virginia, relating to local governments; establishment and administration of personnel system and group insurance programs. ---------- Patrons-- Herring and McEachin; Delegate: Kory ---------- Referred to Committee on Local Government ----------

Be it enacted by the General Assembly of Virginia:

1.  That §§ 15.2-1506 and 15.2-1517 of the Code of Virginia are amended and reenacted as follows:

§ 15.2-1506. Establishment of personnel system and grievance procedure for employees.

A. Notwithstanding any other provision of law to the contrary, general or special, a locality may establish a personnel system for local administrative officials and employees based on merit and professional ability. The locality shall be authorized to determine policy related to the implementation of such system including but not limited to (i) setting rules and regulations that provide for the general administration of personnel matters and hiring decisions, (ii) a classification plan for employees, and (iii) a uniform pay plan including the determination of the level of salary and wages that shall be paid.

B. Notwithstanding any other provision of law to the contrary, general or special, every locality which has more than fifteen employees shall have a grievance procedure for its employees that affords an immediate and fair method for the resolution of disputes which may arise between the public employer and its employees and a personnel system including a classification plan for service and a uniform pay plan for all employees excluding employees and deputies of division superintendents of schools.

Notwithstanding the provisions of any local charter, a locality may establish a personnel system for local administrative officials and employees based on merit and professional ability. Such system shall consist of rules and regulations that provide for the general administration of personnel matters, a classification plan for employees, a uniform pay plan, and a procedure for resolving grievances of employees as provided by general law.

§ 15.2-1517. Insurance for employees and retired employees of localities and other local governmental entities; participation by certain volunteers.

A. AnyNotwithstanding any contrary provision of law, general or special, and in order to ensure competitiveness as an employer, any locality may provide group life, accident, and health insurance programs for their officers and employees, and employees of boards, commissions, agencies and authorities created by or controlled by such locality and may include in any such group life, accident and health insurance program the officer or employee and any other person to whom coverage could be extended pursuant to § 38.2-3525. In addition, any locality that provides such a health insurance program may allow eligible members of approved volunteer fire or rescue companies, as determined by the locality, to participate in such a health insurance program. Such programs may be through a program of self-insurance, purchased insurance, or partial self-insurance and purchased insurance, whichever is determined to be the most cost effective. The total cost of such policies or protection may be paid entirely by the locality or shared with the employee. The governing body of any locality may provide for its retired officers and retired employees to be eligible for such group life, accident, and health insurance programs. The cost of such insurance for retired officers and retired employees may be paid in whole or in part by the locality. The governing body of any locality may permit members of approved volunteer fire or rescue companies to participate in its group health insurance programs, subject to the eligibility criteria established by the locality. The cost of a volunteer's participation in such a health insurance program shall be paid for in full by the participating volunteer.

B. In the event a county or city elects to provide one or more of such programs for its officers and employees, it shall provide such programs to the constitutional officers and their employees on the same basis as provided to other officers and employees, unless the constitutional officers and employees are covered under a state program, and the cost of such local program shall be borne entirely by the locality or shared with the employee.

C. 1. Except as otherwise provided herein, in the event the governing body of any locality elects to provide group accident and health insurance for its officers and employees, including constitutional officers and their employees, such programs shall require that upon retirement, or upon the effective date of this provision for those who have previously retired, any such individual with (i) at least 15 years of continuous employment with the locality or (ii) less than 15 years of continuous employment who has retired due to line-of-duty injuries may choose to continue his coverage with the insurer at the retiree's expense until such individual attains 65 years of age at the insurer's customary premium rate applicable: (i) to such policies, (ii) to the class of risk to which the person then belongs, and (iii) to his age.

2. The governing body, when providing this coverage, may further provide that the retiree be rated separately from the active employees covered under the group plan offered by such governing body.

3. Any locality which has not offered the opportunity to continue group health coverage provided by the locality as required by subdivision C 1 to its retirees who had retired on or before June 30, 1993, and who meet the criteria for such coverage as set forth in subdivision C 1, shall do so by July 1, 2000. Any retiree from the service of a locality who had retired on or before June 30, 1993, and who meets the criteria to continue his group health coverage from the locality under subdivision C 1 who has not yet elected to continue his group health coverage from the locality shall elect whether to do so by July 1, 2000.

4. Nothing herein shall prohibit a locality from providing group accident and health coverage or benefits for its retirees in addition to that which is required under this section.

D. Any locality which offers group health plans to its employees and the employees of constitutional officers and its retirees, as provided by this section or otherwise, may provide in the plan providing such coverage that any retiree who is participating in a group health plan provided by the locality who subsequently terminates his participation in such plan may not thereafter rejoin a group health plan provided by the locality.