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2017 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 2.2-3202 and 4.1-101.05, as it shall become effective, of the Code of Virginia are amended and reenacted as follows:
§ 2.2-3202. Eligibility for transitional severance benefit.
A. Any full-time employee of the Commonwealth (i) whose
position is covered by the Virginia Personnel Act (§ 2.2-2900 et seq.), (ii)
whose position is exempt from the Virginia Personnel Act pursuant to
subdivisions 2, 4 (except those persons specified in subsection C of this
section), 7, 15 or 16 of § 2.2-2905, (iii) who is employed by the State
Corporation Commission, (iv) who is employed by the Virginia Workers'
Compensation Commission, (v) who is employed by the Virginia Retirement System,
(vi) who is employed by the Virginia Lottery, (vii) who is employed by the
Medical College of Virginia Hospitals or the University of Virginia Medical
Center, (viii) who is employed at a state educational institution as faculty
(including, but not limited to, presidents and teaching and research faculty)
as defined in the Consolidated Salary Authorization for Faculty Positions in
Institutions of Higher Education, 1994-95, or (ix) whose position is exempt
from the Virginia Personnel Act pursuant to subdivision 3 or, 20,
or 28 of § 2.2-2905; and (a) for whom reemployment with the Commonwealth is
not possible because there is no available position for which the employee is
qualified or the position offered to the employee requires relocation or a
reduction in salary and (b) whose involuntary separation was due to causes
other than job performance or misconduct, shall be eligible, under the
conditions specified, for the transitional severance benefit conferred by this
chapter. The date of involuntary separation shall mean the date an employee was
terminated from employment or placed on leave without pay-layoff or equivalent
status.
B. An otherwise eligible employee whose position is contingent upon project grants as defined in the Catalogue of Federal Domestic Assistance, shall not be eligible for the transitional severance benefit conferred by this chapter unless the funding source had agreed to assume all financial responsibility therefor in its written contract with the Commonwealth.
C. Members of the Judicial Retirement System (§ 51.1-300 et seq.) and officers elected by popular vote shall not be eligible for the transitional severance benefit conferred by this chapter.
D. Eligibility shall commence on the date of involuntary separation.
E. Persons authorized by § 2.2-106 or 51.1-124.22 to appoint a chief administrative officer or the administrative head of an agency shall adhere to the same criteria for eligibility for transitional severance benefits as is required for gubernatorial appointees pursuant to subsection A.
§ 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.
2. That the provisions of this act amending § 2.2-3202 of the Code of Virginia shall become effective on July 1, 2018.