A. Until July 1, 2001, employees of the Authority shall be consideredemployees of the Commonwealth. Employees of the Authority shall be employedon such terms and conditions as established by the Authority. The Board ofDirectors of the Authority shall develop and adopt policies and proceduresthat will afford its employees grievance rights, ensure that employmentdecisions shall be based upon the merit and fitness of applicants and shallprohibit discrimination because of race, religion, color, sex or nationalorigin. Any grievance procedure adopted by the Board other than thatcontained in Chapter 10 (§ 2.2-1000 et seq.) of Title 2.2 shall take effectno earlier than July 1, 1997; however, such grievance procedure shall nottake effect unless the Authority delivers copies of such grievance procedureto the chairmen of the House Committee on Appropriations and the SenateCommittee on Finance on or before January 1, 1997.
B. The Authority shall issue a written notice to all persons whose employmentwill be transferred to the Authority. The date upon which such written noticeis issued shall be referred to herein as the "Option Date." Each personwhose employment will be transferred to the Authority may, by written requestmade within 180 days of the Option Date, elect not to become employed by theAuthority. Any employee of the Medical College of Virginia Hospitals who: (i)elects not to become employed by the Authority and who is not reemployed byany department, institution, board, commission or agency of the Commonwealth;(ii) is not offered the opportunity to transfer to employment by theAuthority; or (iii) is not offered a position with the Authority for whichthe employee is qualified or is offered a position that requires relocationor a reduction in salary, shall be eligible for the severance benefitsconferred by the provisions of the Workforce Transition Act (§ 2.2-3200 etseq.). Any employee who accepts employment with the Authority shall not beconsidered to be involuntarily separated from state employment and shall notbe eligible for the severance benefits conferred by the provisions of theWorkforce Transition Act.
C. Without limiting its power generally with respect to employees, theAuthority may employ any person employed by the University in the operationof the hospital facilities and may assume obligations under any employmentagreement for such person and the University may assign any such contract tothe Authority.
D. The Authority and the University may also enter into agreements providingfor the purchase of services of employees of the University utilized in theoperation of the hospital facilities by payment of such amounts as may beagreed upon to cover all or part of the salaries and other costs of suchemployees.
E. Notwithstanding any other provision of law to the contrary, any personwhose employment is transferred to the Authority as a result of this chapterand who is a member of any plan for providing health insurance coveragepursuant to Chapter 28 (§ 2.2-2800 et seq.) of Title 2.2, shall continue tobe a member of such health insurance plan under the same terms and conditionsas if no transfer had occurred. Notwithstanding subdivision A 2 of §2.2-2818, the costs of providing health insurance coverage to such employeeswho elect to continue to be members of the state employees' health insuranceplan shall be paid by the Authority. Alternatively, an employee may elect tobecome a member of any health insurance plan established by the Authority.The Authority is authorized to (i) establish a health insurance plan for thebenefit of its employees, residents and interns and (ii) enter intoagreements with the Department of Human Resource Management providing for thecoverage of its employees, interns and residents under the state employees'health insurance plan, provided that such agreement shall require theAuthority to pay the costs of providing health insurance coverage under suchplan.
F. Notwithstanding any other provision of law to the contrary, any personwhose employment is transferred to the Authority as a result of this chapterand who is a member of the Virginia Retirement System, or other retirementplan as authorized by Article 4 (§ 51.1-125 et seq.) of Chapter 1 of Title51.1, shall continue to be a member of the Virginia Retirement System orother such authorized retirement plan under the same terms and conditions asif no transfer had occurred. Alternatively, such employee (and any employeeemployed by the Authority between July 1, 1997, and June 30, 1998, whoelected to be covered by the Virginia Retirement System) may elect, during anopen enrollment period from April 1, 2001, through April 30, 2001, to becomea member of the retirement program established by the Authority for thebenefit of its employees pursuant to § 23-50.16:24.1 by transferring assetsequal to the actuarially determined present value of the accrued basicbenefit as of the transfer date. The Authority shall reimburse the VirginiaRetirement System for the actual cost of actuarial services necessary todetermine the present value of the accrued basic benefit of employees whoelect to transfer to the Authority's retirement plan. The following rulesshall apply:
1. With respect to any transferred employee who elects to remain a member ofthe Virginia Retirement System or other such authorized retirement plan, theAuthority shall collect and pay all employee and employer contributions tothe Virginia Retirement System or other such authorized retirement plan forretirement in accordance with the provisions of Chapter 1 (§ 51.1-124.1 etseq.) of Title 51.1 for such transferred employees.
2. Transferred employees who elect to become members of the retirementprogram established by the Authority for the benefit of its employees shallbe given full credit for their creditable service as defined in § 51.1-124.3,vesting and benefit accrual under the retirement program established by theAuthority. For any such employee, employment with the Authority shall betreated as employment with any nonparticipating employer for purposes of theVirginia Retirement System or other retirement plan as authorized by Article4 of Chapter 1 of Title 51.1.
3. For transferred employees who elect to become members of the retirementprogram established by the Authority, the Virginia Retirement System or othersuch authorized plan shall transfer to the retirement plan established by theAuthority assets equal to the actuarially determined present value of theaccrued basic benefit as of the transfer date. For purposes hereof, the basicbenefits shall be the benefit accrued under the Virginia Retirement System orother such authorized retirement plan, based on creditable service andaverage final compensation as defined in § 51.1-124.3 and determined as ofthe transfer date. The actuarial present value shall be determined on thesame basis, using the same actuarial factors and assumptions used indetermining the funding needs of the Virginia Retirement System or other suchauthorized retirement plan, so that the transfer of assets to the retirementplan established by the Authority will have no effect on the funded statusand financial stability of the Virginia Retirement System or other suchauthorized retirement plan.
(1996, cc. 905, 1046; 1998, c. 449; 2000, cc. 66, 657.)
A. Until July 1, 2001, employees of the Authority shall be consideredemployees of the Commonwealth. Employees of the Authority shall be employedon such terms and conditions as established by the Authority. The Board ofDirectors of the Authority shall develop and adopt policies and proceduresthat will afford its employees grievance rights, ensure that employmentdecisions shall be based upon the merit and fitness of applicants and shallprohibit discrimination because of race, religion, color, sex or nationalorigin. Any grievance procedure adopted by the Board other than thatcontained in Chapter 10 (§ 2.2-1000 et seq.) of Title 2.2 shall take effectno earlier than July 1, 1997; however, such grievance procedure shall nottake effect unless the Authority delivers copies of such grievance procedureto the chairmen of the House Committee on Appropriations and the SenateCommittee on Finance on or before January 1, 1997.
B. The Authority shall issue a written notice to all persons whose employmentwill be transferred to the Authority. The date upon which such written noticeis issued shall be referred to herein as the "Option Date." Each personwhose employment will be transferred to the Authority may, by written requestmade within 180 days of the Option Date, elect not to become employed by theAuthority. Any employee of the Medical College of Virginia Hospitals who: (i)elects not to become employed by the Authority and who is not reemployed byany department, institution, board, commission or agency of the Commonwealth;(ii) is not offered the opportunity to transfer to employment by theAuthority; or (iii) is not offered a position with the Authority for whichthe employee is qualified or is offered a position that requires relocationor a reduction in salary, shall be eligible for the severance benefitsconferred by the provisions of the Workforce Transition Act (§ 2.2-3200 etseq.). Any employee who accepts employment with the Authority shall not beconsidered to be involuntarily separated from state employment and shall notbe eligible for the severance benefits conferred by the provisions of theWorkforce Transition Act.
C. Without limiting its power generally with respect to employees, theAuthority may employ any person employed by the University in the operationof the hospital facilities and may assume obligations under any employmentagreement for such person and the University may assign any such contract tothe Authority.
D. The Authority and the University may also enter into agreements providingfor the purchase of services of employees of the University utilized in theoperation of the hospital facilities by payment of such amounts as may beagreed upon to cover all or part of the salaries and other costs of suchemployees.
E. Notwithstanding any other provision of law to the contrary, any personwhose employment is transferred to the Authority as a result of this chapterand who is a member of any plan for providing health insurance coveragepursuant to Chapter 28 (§ 2.2-2800 et seq.) of Title 2.2, shall continue tobe a member of such health insurance plan under the same terms and conditionsas if no transfer had occurred. Notwithstanding subdivision A 2 of §2.2-2818, the costs of providing health insurance coverage to such employeeswho elect to continue to be members of the state employees' health insuranceplan shall be paid by the Authority. Alternatively, an employee may elect tobecome a member of any health insurance plan established by the Authority.The Authority is authorized to (i) establish a health insurance plan for thebenefit of its employees, residents and interns and (ii) enter intoagreements with the Department of Human Resource Management providing for thecoverage of its employees, interns and residents under the state employees'health insurance plan, provided that such agreement shall require theAuthority to pay the costs of providing health insurance coverage under suchplan.
F. Notwithstanding any other provision of law to the contrary, any personwhose employment is transferred to the Authority as a result of this chapterand who is a member of the Virginia Retirement System, or other retirementplan as authorized by Article 4 (§ 51.1-125 et seq.) of Chapter 1 of Title51.1, shall continue to be a member of the Virginia Retirement System orother such authorized retirement plan under the same terms and conditions asif no transfer had occurred. Alternatively, such employee (and any employeeemployed by the Authority between July 1, 1997, and June 30, 1998, whoelected to be covered by the Virginia Retirement System) may elect, during anopen enrollment period from April 1, 2001, through April 30, 2001, to becomea member of the retirement program established by the Authority for thebenefit of its employees pursuant to § 23-50.16:24.1 by transferring assetsequal to the actuarially determined present value of the accrued basicbenefit as of the transfer date. The Authority shall reimburse the VirginiaRetirement System for the actual cost of actuarial services necessary todetermine the present value of the accrued basic benefit of employees whoelect to transfer to the Authority's retirement plan. The following rulesshall apply:
1. With respect to any transferred employee who elects to remain a member ofthe Virginia Retirement System or other such authorized retirement plan, theAuthority shall collect and pay all employee and employer contributions tothe Virginia Retirement System or other such authorized retirement plan forretirement in accordance with the provisions of Chapter 1 (§ 51.1-124.1 etseq.) of Title 51.1 for such transferred employees.
2. Transferred employees who elect to become members of the retirementprogram established by the Authority for the benefit of its employees shallbe given full credit for their creditable service as defined in § 51.1-124.3,vesting and benefit accrual under the retirement program established by theAuthority. For any such employee, employment with the Authority shall betreated as employment with any nonparticipating employer for purposes of theVirginia Retirement System or other retirement plan as authorized by Article4 of Chapter 1 of Title 51.1.
3. For transferred employees who elect to become members of the retirementprogram established by the Authority, the Virginia Retirement System or othersuch authorized plan shall transfer to the retirement plan established by theAuthority assets equal to the actuarially determined present value of theaccrued basic benefit as of the transfer date. For purposes hereof, the basicbenefits shall be the benefit accrued under the Virginia Retirement System orother such authorized retirement plan, based on creditable service andaverage final compensation as defined in § 51.1-124.3 and determined as ofthe transfer date. The actuarial present value shall be determined on thesame basis, using the same actuarial factors and assumptions used indetermining the funding needs of the Virginia Retirement System or other suchauthorized retirement plan, so that the transfer of assets to the retirementplan established by the Authority will have no effect on the funded statusand financial stability of the Virginia Retirement System or other suchauthorized retirement plan.
(1996, cc. 905, 1046; 1998, c. 449; 2000, cc. 66, 657.)
A. Until July 1, 2001, employees of the Authority shall be consideredemployees of the Commonwealth. Employees of the Authority shall be employedon such terms and conditions as established by the Authority. The Board ofDirectors of the Authority shall develop and adopt policies and proceduresthat will afford its employees grievance rights, ensure that employmentdecisions shall be based upon the merit and fitness of applicants and shallprohibit discrimination because of race, religion, color, sex or nationalorigin. Any grievance procedure adopted by the Board other than thatcontained in Chapter 10 (§ 2.2-1000 et seq.) of Title 2.2 shall take effectno earlier than July 1, 1997; however, such grievance procedure shall nottake effect unless the Authority delivers copies of such grievance procedureto the chairmen of the House Committee on Appropriations and the SenateCommittee on Finance on or before January 1, 1997.
B. The Authority shall issue a written notice to all persons whose employmentwill be transferred to the Authority. The date upon which such written noticeis issued shall be referred to herein as the "Option Date." Each personwhose employment will be transferred to the Authority may, by written requestmade within 180 days of the Option Date, elect not to become employed by theAuthority. Any employee of the Medical College of Virginia Hospitals who: (i)elects not to become employed by the Authority and who is not reemployed byany department, institution, board, commission or agency of the Commonwealth;(ii) is not offered the opportunity to transfer to employment by theAuthority; or (iii) is not offered a position with the Authority for whichthe employee is qualified or is offered a position that requires relocationor a reduction in salary, shall be eligible for the severance benefitsconferred by the provisions of the Workforce Transition Act (§ 2.2-3200 etseq.). Any employee who accepts employment with the Authority shall not beconsidered to be involuntarily separated from state employment and shall notbe eligible for the severance benefits conferred by the provisions of theWorkforce Transition Act.
C. Without limiting its power generally with respect to employees, theAuthority may employ any person employed by the University in the operationof the hospital facilities and may assume obligations under any employmentagreement for such person and the University may assign any such contract tothe Authority.
D. The Authority and the University may also enter into agreements providingfor the purchase of services of employees of the University utilized in theoperation of the hospital facilities by payment of such amounts as may beagreed upon to cover all or part of the salaries and other costs of suchemployees.
E. Notwithstanding any other provision of law to the contrary, any personwhose employment is transferred to the Authority as a result of this chapterand who is a member of any plan for providing health insurance coveragepursuant to Chapter 28 (§ 2.2-2800 et seq.) of Title 2.2, shall continue tobe a member of such health insurance plan under the same terms and conditionsas if no transfer had occurred. Notwithstanding subdivision A 2 of §2.2-2818, the costs of providing health insurance coverage to such employeeswho elect to continue to be members of the state employees' health insuranceplan shall be paid by the Authority. Alternatively, an employee may elect tobecome a member of any health insurance plan established by the Authority.The Authority is authorized to (i) establish a health insurance plan for thebenefit of its employees, residents and interns and (ii) enter intoagreements with the Department of Human Resource Management providing for thecoverage of its employees, interns and residents under the state employees'health insurance plan, provided that such agreement shall require theAuthority to pay the costs of providing health insurance coverage under suchplan.
F. Notwithstanding any other provision of law to the contrary, any personwhose employment is transferred to the Authority as a result of this chapterand who is a member of the Virginia Retirement System, or other retirementplan as authorized by Article 4 (§ 51.1-125 et seq.) of Chapter 1 of Title51.1, shall continue to be a member of the Virginia Retirement System orother such authorized retirement plan under the same terms and conditions asif no transfer had occurred. Alternatively, such employee (and any employeeemployed by the Authority between July 1, 1997, and June 30, 1998, whoelected to be covered by the Virginia Retirement System) may elect, during anopen enrollment period from April 1, 2001, through April 30, 2001, to becomea member of the retirement program established by the Authority for thebenefit of its employees pursuant to § 23-50.16:24.1 by transferring assetsequal to the actuarially determined present value of the accrued basicbenefit as of the transfer date. The Authority shall reimburse the VirginiaRetirement System for the actual cost of actuarial services necessary todetermine the present value of the accrued basic benefit of employees whoelect to transfer to the Authority's retirement plan. The following rulesshall apply:
1. With respect to any transferred employee who elects to remain a member ofthe Virginia Retirement System or other such authorized retirement plan, theAuthority shall collect and pay all employee and employer contributions tothe Virginia Retirement System or other such authorized retirement plan forretirement in accordance with the provisions of Chapter 1 (§ 51.1-124.1 etseq.) of Title 51.1 for such transferred employees.
2. Transferred employees who elect to become members of the retirementprogram established by the Authority for the benefit of its employees shallbe given full credit for their creditable service as defined in § 51.1-124.3,vesting and benefit accrual under the retirement program established by theAuthority. For any such employee, employment with the Authority shall betreated as employment with any nonparticipating employer for purposes of theVirginia Retirement System or other retirement plan as authorized by Article4 of Chapter 1 of Title 51.1.
3. For transferred employees who elect to become members of the retirementprogram established by the Authority, the Virginia Retirement System or othersuch authorized plan shall transfer to the retirement plan established by theAuthority assets equal to the actuarially determined present value of theaccrued basic benefit as of the transfer date. For purposes hereof, the basicbenefits shall be the benefit accrued under the Virginia Retirement System orother such authorized retirement plan, based on creditable service andaverage final compensation as defined in § 51.1-124.3 and determined as ofthe transfer date. The actuarial present value shall be determined on thesame basis, using the same actuarial factors and assumptions used indetermining the funding needs of the Virginia Retirement System or other suchauthorized retirement plan, so that the transfer of assets to the retirementplan established by the Authority will have no effect on the funded statusand financial stability of the Virginia Retirement System or other suchauthorized retirement plan.
(1996, cc. 905, 1046; 1998, c. 449; 2000, cc. 66, 657.)
