A. Covered Employees are state employees of a covered institution of theCommonwealth of Virginia. Notwithstanding subsections B and C of thissection, the state retirement system, state health insurance program, stateworkers' compensation coverage program, and state grievance procedure, asthey may be amended from time to time, shall continue to apply to and governall eligible Covered Employees. If, however, a covered institution has beenor is permitted by law other than in this chapter to establish an alternativehealth insurance plan or an alternative faculty or University of VirginiaMedical Center retirement plan or plans, such alternative health insurance orfaculty or University of Virginia Medical Center retirement plan or plansshall apply to and govern the Covered Employees included in such plan orplans. Each Covered Employee shall continue to be governed by and be eligibleto participate in the human resources and benefits programs which governedhim and in which he was eligible to participate immediately prior to theeffective date of the initial Management Agreement for the coveredinstitution by which he is employed unless and until a human resourcesprogram or programs, plan, or procedure applicable to him is established bythat covered institution pursuant to §§ 23-38.116, 23-38.118, 23-38.119 and23-38.120.
B. Even if a covered institution establishes a human resources program orprograms, plan, or procedure pursuant to §§ 23-38.116, 23-38.118, 23-38.119and 23-38.120, a salaried nonfaculty Covered Employee who was in theemployment of that covered institution as of the day prior to the effectivedate of the initial Management Agreement, except employees of the Universityof Virginia Medical Center, may elect pursuant to § 23-38.115 to continue toparticipate in and be governed by the state human resources program set forthin Chapters 28 (§ 2.2-2800 et seq.) and 29 (§ 2.2-2900 et seq.) of Title 2.2and administered by the Department of Human Resources Management. In suchcase, in addition to the state human resources plans, programs, policies andprocedures set forth in subsection A, all other state human resources andbenefit plans, programs, policies and procedures that apply to and governstate employees shall continue to apply to and govern such salariednonfaculty Covered Employees.
C. Any human resources program or programs, plans, policies or proceduresestablished by the governing body of a covered institution pursuant to §§23-38.116, 23-38.118, 23-38.119, and 23-38.120 shall apply to and govern (i)all salaried nonfaculty Covered Employees of that covered institution whowere in its employment as of the day prior to the effective date of theinitial Management Agreement and who elect pursuant to § 23-38.115 toparticipate in and be governed by such program or programs, plans, policies,and procedures, (ii) all salaried nonfaculty Covered Employees of thatcovered institution who are employed by that institution on or after theeffective date of the initial Management Agreement, (iii) all non-salariednonfaculty Covered Employees of that covered institution without regard towhen they were hired, (iv) all faculty Covered Employees of that coveredinstitution without regard to when they were hired, and (v) all employees ofthe University of Virginia Medical Center without regard to when they werehired. For purposes of this article, "participating Covered Employee" meansa Covered Employee described in subdivisions (i) through (v) of thissubsection.
D. All covered institutions shall be responsible for human resource reportingrequirements established by the Governor or General Assembly.
A. Covered Employees are state employees of a covered institution of theCommonwealth of Virginia. Notwithstanding subsections B and C of thissection, the state retirement system, state health insurance program, stateworkers' compensation coverage program, and state grievance procedure, asthey may be amended from time to time, shall continue to apply to and governall eligible Covered Employees. If, however, a covered institution has beenor is permitted by law other than in this chapter to establish an alternativehealth insurance plan or an alternative faculty or University of VirginiaMedical Center retirement plan or plans, such alternative health insurance orfaculty or University of Virginia Medical Center retirement plan or plansshall apply to and govern the Covered Employees included in such plan orplans. Each Covered Employee shall continue to be governed by and be eligibleto participate in the human resources and benefits programs which governedhim and in which he was eligible to participate immediately prior to theeffective date of the initial Management Agreement for the coveredinstitution by which he is employed unless and until a human resourcesprogram or programs, plan, or procedure applicable to him is established bythat covered institution pursuant to §§ 23-38.116, 23-38.118, 23-38.119 and23-38.120.
B. Even if a covered institution establishes a human resources program orprograms, plan, or procedure pursuant to §§ 23-38.116, 23-38.118, 23-38.119and 23-38.120, a salaried nonfaculty Covered Employee who was in theemployment of that covered institution as of the day prior to the effectivedate of the initial Management Agreement, except employees of the Universityof Virginia Medical Center, may elect pursuant to § 23-38.115 to continue toparticipate in and be governed by the state human resources program set forthin Chapters 28 (§ 2.2-2800 et seq.) and 29 (§ 2.2-2900 et seq.) of Title 2.2and administered by the Department of Human Resources Management. In suchcase, in addition to the state human resources plans, programs, policies andprocedures set forth in subsection A, all other state human resources andbenefit plans, programs, policies and procedures that apply to and governstate employees shall continue to apply to and govern such salariednonfaculty Covered Employees.
C. Any human resources program or programs, plans, policies or proceduresestablished by the governing body of a covered institution pursuant to §§23-38.116, 23-38.118, 23-38.119, and 23-38.120 shall apply to and govern (i)all salaried nonfaculty Covered Employees of that covered institution whowere in its employment as of the day prior to the effective date of theinitial Management Agreement and who elect pursuant to § 23-38.115 toparticipate in and be governed by such program or programs, plans, policies,and procedures, (ii) all salaried nonfaculty Covered Employees of thatcovered institution who are employed by that institution on or after theeffective date of the initial Management Agreement, (iii) all non-salariednonfaculty Covered Employees of that covered institution without regard towhen they were hired, (iv) all faculty Covered Employees of that coveredinstitution without regard to when they were hired, and (v) all employees ofthe University of Virginia Medical Center without regard to when they werehired. For purposes of this article, "participating Covered Employee" meansa Covered Employee described in subdivisions (i) through (v) of thissubsection.
D. All covered institutions shall be responsible for human resource reportingrequirements established by the Governor or General Assembly.
A. Covered Employees are state employees of a covered institution of theCommonwealth of Virginia. Notwithstanding subsections B and C of thissection, the state retirement system, state health insurance program, stateworkers' compensation coverage program, and state grievance procedure, asthey may be amended from time to time, shall continue to apply to and governall eligible Covered Employees. If, however, a covered institution has beenor is permitted by law other than in this chapter to establish an alternativehealth insurance plan or an alternative faculty or University of VirginiaMedical Center retirement plan or plans, such alternative health insurance orfaculty or University of Virginia Medical Center retirement plan or plansshall apply to and govern the Covered Employees included in such plan orplans. Each Covered Employee shall continue to be governed by and be eligibleto participate in the human resources and benefits programs which governedhim and in which he was eligible to participate immediately prior to theeffective date of the initial Management Agreement for the coveredinstitution by which he is employed unless and until a human resourcesprogram or programs, plan, or procedure applicable to him is established bythat covered institution pursuant to §§ 23-38.116, 23-38.118, 23-38.119 and23-38.120.
B. Even if a covered institution establishes a human resources program orprograms, plan, or procedure pursuant to §§ 23-38.116, 23-38.118, 23-38.119and 23-38.120, a salaried nonfaculty Covered Employee who was in theemployment of that covered institution as of the day prior to the effectivedate of the initial Management Agreement, except employees of the Universityof Virginia Medical Center, may elect pursuant to § 23-38.115 to continue toparticipate in and be governed by the state human resources program set forthin Chapters 28 (§ 2.2-2800 et seq.) and 29 (§ 2.2-2900 et seq.) of Title 2.2and administered by the Department of Human Resources Management. In suchcase, in addition to the state human resources plans, programs, policies andprocedures set forth in subsection A, all other state human resources andbenefit plans, programs, policies and procedures that apply to and governstate employees shall continue to apply to and govern such salariednonfaculty Covered Employees.
C. Any human resources program or programs, plans, policies or proceduresestablished by the governing body of a covered institution pursuant to §§23-38.116, 23-38.118, 23-38.119, and 23-38.120 shall apply to and govern (i)all salaried nonfaculty Covered Employees of that covered institution whowere in its employment as of the day prior to the effective date of theinitial Management Agreement and who elect pursuant to § 23-38.115 toparticipate in and be governed by such program or programs, plans, policies,and procedures, (ii) all salaried nonfaculty Covered Employees of thatcovered institution who are employed by that institution on or after theeffective date of the initial Management Agreement, (iii) all non-salariednonfaculty Covered Employees of that covered institution without regard towhen they were hired, (iv) all faculty Covered Employees of that coveredinstitution without regard to when they were hired, and (v) all employees ofthe University of Virginia Medical Center without regard to when they werehired. For purposes of this article, "participating Covered Employee" meansa Covered Employee described in subdivisions (i) through (v) of thissubsection.
D. All covered institutions shall be responsible for human resource reportingrequirements established by the Governor or General Assembly.
