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2017 SESSION
17101907DBe it enacted by the General Assembly of Virginia:
1. That § 4.1-101.05, as it shall become effective, of the Code of Virginia is amended and reenacted as follows:
§ 4.1-101.05. (Effective July 1, 2018) Employees of the Authority.
A. Employees of the Authority shall be considered employees of the Commonwealth. Employees of the Authority shall be eligible for membership in the Virginia Retirement System and participation in all health and related insurance and other benefits, including premium conversion and flexible benefits, available to state employees as provided by law. Employees of the Authority shall be employed on such terms and conditions as established by the Board. The Board shall develop and adopt policies and procedures that afford its employees grievance rights, ensure that employment decisions shall be based upon the merit and fitness of applicants, and prohibit discrimination because of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability.
B. Notwithstanding any other provision of law, the Authority
shall give preference in hiring to employees of the former Department of
Alcoholic Beverage Control. The Authority shall issue a written notice to all
persons whose employment at the former Department of Alcoholic Beverage Control
will be transferred to the Authority. The date upon which such written notice
is issued shall be referred to herein as the "Option Date." Each
person whose employment will be transferred to the Authority may, by written
request made within 180 days of the Option Date, elect not to become employed
by the Authority. Any employee of the former Department of Alcoholic Beverage Control
who (i) elects not to become employed by the Authority and
who is not reemployed by any department, institution, board, commission, or
agency of the Commonwealth; (ii) is not offered the
opportunity to transfer to employment by the Authority;
or (iii) (ii) is not offered a position
with the Authority for which the employee is qualified or is offered a position
that requires relocation or a reduction in salary,
shall be eligible for the severance benefits conferred by the provisions of the
Workforce Transition Act (§ 2.2-3200 et seq.). Any employee who accepts
employment with the Authority shall not be considered to be involuntarily
separated from state employment and shall not be eligible for the severance
benefits conferred by the provisions of the Workforce Transition Act.
C. Notwithstanding any other provision of law to the contrary, any person whose employment is transferred to the Authority as a result of this section and who is a member of any plan for providing health insurance coverage pursuant to Chapter 28 (§ 2.2-2800 et seq.) of Title 2.2 shall continue to be a member of such health insurance plan under the same terms and conditions as if no transfer had occurred.
D. Notwithstanding any other provision of law to the contrary, any person whose employment is transferred to the Authority as a result of this section and who is a member of the Virginia Retirement System or other retirement plan as authorized by Article 4 (§ 51.1-125 et seq.) of Chapter 1 of Title 51.1 shall continue to be a member of the Virginia Retirement System or other such authorized retirement plan under the same terms and conditions as if no transfer had occurred.