A. Each covered institution shall adopt one or more severance policies forits eligible participating Covered Employees, applicable to voluntary orinvoluntary separations, including reductions in workforce. The provisions ofthe Workforce Transition Act (§ 2.2-3200 et seq.) shall not apply toparticipating Covered Employees.
B. The terms and conditions of a covered institution's severance policy orpolicies for eligible participating Covered Employees shall be determined bythe institution's governing body. The covered institution and the Board ofthe Virginia Retirement System shall negotiate a formula according to whichcash severance benefits may be converted to years of age or creditableservice for participating Covered Employees who participate in the VirginiaRetirement System.
C. Covered Employees who were employees of a covered institution and werecovered by the provisions of Chapter 29 (§ 2.2-2900 et seq.) of Title 2.2prior to its effective date of the initial Management Agreement, whootherwise would be eligible for severance benefits under the WorkforceTransition Act (§ 2.2-3200 et seq.), and who are separated by a coveredinstitution because of a reduction in workforce shall have the samepreferential hiring rights with state agencies and other executive branchinstitutions as other state employees have under § 2.2-3201. Conversely, acovered institution shall recognize the hiring preference conferred by §2.2-3201 on state employees who were hired by a state agency or executivebranch institution before the covered institution's effective date of theinitial Management Agreement and who were separated after that date by thatstate agency or executive branch institution because of a reduction inworkforce. If a covered institution has adopted a classification systempursuant to § 23-38.116 that differs from the classification systemadministered by the Department of Human Resources Management, the coveredinstitution shall classify the separated employee according to itsclassification system and shall place the separated employee appropriately.Any such separated employee who is hired by a covered institution shall be aparticipating Covered Employee for purposes of this article. Classificationdecisions made under this subsection and applying to employees transferringbetween state agencies or other executive branch institutions and coveredinstitutions, or between covered institutions, as a result of a reduction inforce and with the preferential hiring rights provided in this subsection andin § 2.2-3201 shall be presumed appropriate, and a separated employee whogrieves the classification decision shall bear the burden of demonstratingthat the classification violates the separated employee's preferential hiringrights.
D. An employee's transition on the effective date of a covered institution'sinitial Management Agreement from being an employee of a public institutionof higher education to being a Covered Employee of a covered institutionshall not, in and of itself, constitute a severance of that employee or areduction in force that would make either the covered institution's severancepolicy or policies adopted pursuant to subsection A or the WorkforceTransition Act (§ 2.2-3200 et seq.) applicable to that employee.
A. Each covered institution shall adopt one or more severance policies forits eligible participating Covered Employees, applicable to voluntary orinvoluntary separations, including reductions in workforce. The provisions ofthe Workforce Transition Act (§ 2.2-3200 et seq.) shall not apply toparticipating Covered Employees.
B. The terms and conditions of a covered institution's severance policy orpolicies for eligible participating Covered Employees shall be determined bythe institution's governing body. The covered institution and the Board ofthe Virginia Retirement System shall negotiate a formula according to whichcash severance benefits may be converted to years of age or creditableservice for participating Covered Employees who participate in the VirginiaRetirement System.
C. Covered Employees who were employees of a covered institution and werecovered by the provisions of Chapter 29 (§ 2.2-2900 et seq.) of Title 2.2prior to its effective date of the initial Management Agreement, whootherwise would be eligible for severance benefits under the WorkforceTransition Act (§ 2.2-3200 et seq.), and who are separated by a coveredinstitution because of a reduction in workforce shall have the samepreferential hiring rights with state agencies and other executive branchinstitutions as other state employees have under § 2.2-3201. Conversely, acovered institution shall recognize the hiring preference conferred by §2.2-3201 on state employees who were hired by a state agency or executivebranch institution before the covered institution's effective date of theinitial Management Agreement and who were separated after that date by thatstate agency or executive branch institution because of a reduction inworkforce. If a covered institution has adopted a classification systempursuant to § 23-38.116 that differs from the classification systemadministered by the Department of Human Resources Management, the coveredinstitution shall classify the separated employee according to itsclassification system and shall place the separated employee appropriately.Any such separated employee who is hired by a covered institution shall be aparticipating Covered Employee for purposes of this article. Classificationdecisions made under this subsection and applying to employees transferringbetween state agencies or other executive branch institutions and coveredinstitutions, or between covered institutions, as a result of a reduction inforce and with the preferential hiring rights provided in this subsection andin § 2.2-3201 shall be presumed appropriate, and a separated employee whogrieves the classification decision shall bear the burden of demonstratingthat the classification violates the separated employee's preferential hiringrights.
D. An employee's transition on the effective date of a covered institution'sinitial Management Agreement from being an employee of a public institutionof higher education to being a Covered Employee of a covered institutionshall not, in and of itself, constitute a severance of that employee or areduction in force that would make either the covered institution's severancepolicy or policies adopted pursuant to subsection A or the WorkforceTransition Act (§ 2.2-3200 et seq.) applicable to that employee.
A. Each covered institution shall adopt one or more severance policies forits eligible participating Covered Employees, applicable to voluntary orinvoluntary separations, including reductions in workforce. The provisions ofthe Workforce Transition Act (§ 2.2-3200 et seq.) shall not apply toparticipating Covered Employees.
B. The terms and conditions of a covered institution's severance policy orpolicies for eligible participating Covered Employees shall be determined bythe institution's governing body. The covered institution and the Board ofthe Virginia Retirement System shall negotiate a formula according to whichcash severance benefits may be converted to years of age or creditableservice for participating Covered Employees who participate in the VirginiaRetirement System.
C. Covered Employees who were employees of a covered institution and werecovered by the provisions of Chapter 29 (§ 2.2-2900 et seq.) of Title 2.2prior to its effective date of the initial Management Agreement, whootherwise would be eligible for severance benefits under the WorkforceTransition Act (§ 2.2-3200 et seq.), and who are separated by a coveredinstitution because of a reduction in workforce shall have the samepreferential hiring rights with state agencies and other executive branchinstitutions as other state employees have under § 2.2-3201. Conversely, acovered institution shall recognize the hiring preference conferred by §2.2-3201 on state employees who were hired by a state agency or executivebranch institution before the covered institution's effective date of theinitial Management Agreement and who were separated after that date by thatstate agency or executive branch institution because of a reduction inworkforce. If a covered institution has adopted a classification systempursuant to § 23-38.116 that differs from the classification systemadministered by the Department of Human Resources Management, the coveredinstitution shall classify the separated employee according to itsclassification system and shall place the separated employee appropriately.Any such separated employee who is hired by a covered institution shall be aparticipating Covered Employee for purposes of this article. Classificationdecisions made under this subsection and applying to employees transferringbetween state agencies or other executive branch institutions and coveredinstitutions, or between covered institutions, as a result of a reduction inforce and with the preferential hiring rights provided in this subsection andin § 2.2-3201 shall be presumed appropriate, and a separated employee whogrieves the classification decision shall bear the burden of demonstratingthat the classification violates the separated employee's preferential hiringrights.
D. An employee's transition on the effective date of a covered institution'sinitial Management Agreement from being an employee of a public institutionof higher education to being a Covered Employee of a covered institutionshall not, in and of itself, constitute a severance of that employee or areduction in force that would make either the covered institution's severancepolicy or policies adopted pursuant to subsection A or the WorkforceTransition Act (§ 2.2-3200 et seq.) applicable to that employee.
