CODE OF VIRGINIA

(REPEALED EFFECTIVE OCTOBER 1, 2016) CERTAIN INSURANCE PLANS; LEGAL PROCESS AND
ASSIGNMENT (§ 23-38.119)

A. Insurance provided under this article and all proceeds therefrom shall be
subject to the same provisions regarding exemption from levy, garnishment and
other legal process as is provided to Virginia Retirement System plans under §
51.1-510; provided, however, that permitted assignments shall be effected
through completion of forms provided by the covered institution or its vendor,
and provided further, that for insurance plans established by a covered
institution, the authority granted to the Board of the Virginia Retirement
System in § 51.1-510 is hereby granted to and shall be exercised by the covered
institution.

B. Each covered institution (i) shall purchase or make available group life and
accidental death and dismemberment insurance policies covering in whole or in
part those of its participating Covered Employees eligible to participate in the
Virginia Retirement System, and (ii) may purchase or make available such
additional insurance policies covering its participating Covered Employees as it
deems appropriate. Participating Covered Employees shall not be required to
present evidence of insurability satisfactory to an insurance company for basic
group life insurance coverage. All salaried participating Covered Employees
shall be offered basic group life insurance at a level of coverage determined by
such institution’s governing body. A covered institution may require
participating Covered Employees to pay all or a portion of the cost of the
insurance coverage offered pursuant to this subsection, which may be collected
through a payroll deduction program. If the institution’s governing body
so elects, and subject to the execution of such participation agreements as the
Virginia Retirement System may require, the covered institution’s
participating Covered Employees may be covered by the Virginia Retirement
System’s group insurance programs established pursuant to Chapter 5 (§
51.1-500 et seq.) of Title 51.1 under the same terms, costs, and conditions that
apply to, and with the same benefits that are available to, other state
employees.

C. For those of its participating Covered Employees eligible to participate in
the Virginia Retirement System, a covered institution shall (i) purchase
disability insurance, (ii) subject to the execution of such participation
agreements as may be necessary, appropriate, and in the best interests of the
Commonwealth, continue to participate in the disability insurance program
established for state agencies, (iii) establish a self-insured disability
insurance program, or (iv) any combination of clauses (i) through (iii). A
covered institution may require participating Covered Employees to pay all or a
portion of the cost of the insurance coverage offered pursuant to clauses (i),
(iii), or (iv) of this subsection, which may be collected through a payroll
deduction program. However, the covered institution shall not be required to
contribute to the program established for state agencies on behalf of
participating Covered Employees who do not participate in that program.

D. If a covered institution’s governing body so elects, and subject to the
execution of such participation agreements as may be necessary, appropriate, and
in the best interests of the Commonwealth, each such institution or its
participating Covered Employees, or both, may participate in any future
insurance programs established for state employees under the same terms and
conditions that apply to, and with the same benefits that are available to,
other state employees.

HISTORY: 2005, cc. 933, 945.