CODE OF VIRGINIA

ELIGIBILITY FOR TRANSITIONAL SEVERANCE BENEFIT (§ 2.2-3202)

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 Virginia Lottery,
(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 faculty (including, but not limited to, 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 (a) 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 and (b) whose involuntary separation was due
to causes other than job performance or misconduct, 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.

E. Persons authorized by § 2.2-106 or 51.1-124.22 to appoint a chief
administrative officer or the administrative head of an agency shall adhere to
the same criteria for eligibility for transitional severance benefits as is
required for gubernatorial appointees pursuant to subsection A.

HISTORY: 1995, cc. 152, 811, § 2.1-116.22; 2001, c. 844; 2002, c. 491; 2003, c.
782; 2006, cc. 813, 902; 2014, c. 225.