2.2-3202 - Eligibility for transitional severance benefit. - Virginia Statutes

§ 2.2-3202. Eligibility for transitional severance benefit.

A. Any full-time employee of the Commonwealth (i) whose position is coveredby the Virginia Personnel Act (§ 2.2-2900 et seq.), (ii) whose position isexempt from the Virginia Personnel Act pursuant to subdivisions 2, 4 (exceptthose 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) whois employed by the Virginia Workers' Compensation Commission, (v) who isemployed by the Virginia Retirement System, (vi) who is employed by the StateLottery Department, (vii) who is employed by the Medical College of VirginiaHospitals or the University of Virginia Medical Center, (viii) who isemployed at a state educational institution as faculty (including, but notlimited to, presidents and teaching and research faculty) as defined in theConsolidated Salary Authorization for Faculty Positions in Institutions ofHigher Education, 1994-95, or (ix) whose position is exempt from the VirginiaPersonnel Act pursuant to subdivision 3 or 20 of § 2.2-2905; and (a) for whomreemployment with the Commonwealth is not possible because there is noavailable position for which the employee is qualified or the positionoffered to the employee requires relocation or a reduction in salary and (b)whose involuntary separation was due to causes other than job performance ormisconduct, shall be eligible, under the conditions specified, for thetransitional severance benefit conferred by this chapter. The date ofinvoluntary separation shall mean the date an employee was terminated fromemployment or placed on leave without pay-layoff or equivalent status.

B. An otherwise eligible employee whose position is contingent upon projectgrants as defined in the Catalogue of Federal Domestic Assistance, shall notbe eligible for the transitional severance benefit conferred by this chapterunless the funding source had agreed to assume all financial responsibilitytherefor in its written contract with the Commonwealth.

C. Members of the Judicial Retirement System (§ 51.1-300 et seq.) andofficers elected by popular vote shall not be eligible for the transitionalseverance 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 chiefadministrative officer or the administrative head of an agency shall adhereto the same criteria for eligibility for transitional severance benefits asis required for gubernatorial appointees pursuant to subsection A.

(1995, cc. 152, 811, § 2.1-116.22; 2001, c. 844; 2002, c. 491; 2003, c. 782;2006, cc. 813, 902.)