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2011 SESSION
11101671DBe 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, 2011, 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, 2011, but before January 1, 2003 2012.
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, 2011, 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 after September
30, 2011, 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 employee 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.
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.
D. Notwithstanding any provision to the contrary, no participating employee commencing employment or reemployment on or after July 1, 2009, shall receive benefits under Article 3 of this Chapter (Nonwork Related Disability Benefits) until the participating employee completes one continuous year of active employment or reemployment.
E. 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 F select one of the following options at the time of
making his election to participate in the program:
1. To convert his sick leave balance as of the effective date of coverage to service credit under the Retirement System on the basis of one month of service for each 173 hours of sick leave, rounded to the next highest month; or
2. To convert his sick leave balance as of the effective date of coverage to disability credits as provided in subsection F.
F. Any eligible employee converting his sick leave balance as provided in subsection 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.
G. 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.
H. 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.