SB364: Workforce Transition Act; provides gubernatorial appointees shall be covered thereunder.

SENATE BILL NO. 364
Offered January 11, 2006
Prefiled January 11, 2006
A BILL to amend and reenact § 2.2-3202 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-109.01, relating to the Workforce Transition Act.
Patrons-- Wampler and Cuccinelli

Referred to Committee on General Laws

Be it enacted by the General Assembly of Virginia:

1.  That § 2.2-3202 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 2.2-109.01 as follows:

§ 2.2-109.01. Signed statements required from appointees.  

For purposes of this section:

"Appointed position" means a position appointed by the Governor in accordance with law.

"Covered appointee" means any person serving in an appointed position who is eligible for severance benefits under the Workforce Transition Act of 1995 (§ 2.2-3200 et seq.) including but not limited to any (i) officer, (ii) agency head, or (iii) member of a board, commission, council, or other collegial body.

The Governor, or his designee, shall by December 1 of each year obtain a signed statement from each covered appointee providing that such person has read and understands the severance benefits for which he is eligible under the Workforce Transition Act of 1995. The Governor, or his designee, shall provide all such statements to the Director of the Department of Human Resource Management by such date. The Director shall provide for such statements to be retained in the Department's records.

§ 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 State Lottery Department, (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 administrative or professional faculty (including 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 of § 2.2-2905 and was employed continuously full time by the Commonwealth for 15 years or more prior to appointment, and (a) who, on or after January 1, 1995, is involuntarily separated, or is involuntarily separated on or after July 1, 1994, if at the time of involuntary separation had attained age 50 and had 15 or more years of service, and (b) 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, 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.

2.  That the provisions of this act amending § 2.2-3202 of the Code of Virginia shall be applicable for involuntary separations occurring on or after July 1, 2006.