{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-3202.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-3202.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-3202.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-3202.html"}],"law_id":54108,"edition_id":1,"section_id":54108,"structure_id":13050,"section_number":"2.2-3202","catch_line":"Eligibility for transitional severance benefit","history":"1995, cc. 152, 811, \u00a7 2.1-116.22; 2001, c. 844; 2002, c. 491; 2003, c. 782; 2006, cc. 813, 902; 2014, c. 225; 2017, cc. 359, 742.","full_text":"A\n\nAny 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, 20, 23, or 28 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\n\nAn 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\n\nMembers 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\n\nEligibility shall commence on the date of involuntary separation.E\n\nPersons 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.","order_by":null,"text":{"0":{"id":198580,"text":"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, 20, 23, or 28 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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":198581,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":198582,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":198583,"text":"Eligibility shall commence on the date of involuntary separation.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":198584,"text":"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.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13050,"edition_id":1,"name":"Workforce Transition Act of 1995","identifier":"32","label":"chapter","depth":4,"order_by":1,"parent_id":13049,"metadata":{},"date_created":"2026-06-26 03:44:11","date_modified":"2026-06-26 03:44:11","permalink":{"id":176223,"object_type":"structure","relational_id":13050,"identifier":"32","token":"2.2\/I\/E\/32","url":"\/2.2\/I\/E\/32\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13049,"edition_id":1,"name":"State Officers and Employees","identifier":"E","label":"part","depth":3,"order_by":1,"parent_id":12784,"metadata":{},"date_created":"2026-06-26 03:44:11","date_modified":"2026-06-26 03:44:11","permalink":{"id":175733,"object_type":"structure","relational_id":13049,"identifier":"E","token":"2.2\/I\/E","url":"\/2.2\/I\/E\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12784,"edition_id":1,"name":"Organization of State Government","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":171455,"object_type":"structure","relational_id":12784,"identifier":"I","token":"2.2\/I","url":"\/2.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65287,"structure_id":13050,"section_number":"2.2-3200","catch_line":"Short title; purpose","url":"\/2.2-3200\/","token":"2.2\/I\/E\/32\/2.2-3200","metadata":false},{"id":54495,"structure_id":13050,"section_number":"2.2-3201","catch_line":"Duties of Department of Human Resource Management and executive branch agencies to involuntarily separated employees","url":"\/2.2-3201\/","token":"2.2\/I\/E\/32\/2.2-3201","metadata":false},{"id":54108,"structure_id":13050,"section_number":"2.2-3202","catch_line":"Eligibility for transitional severance benefit","url":"\/2.2-3202\/","token":"2.2\/I\/E\/32\/2.2-3202","metadata":false},{"id":82159,"structure_id":13050,"section_number":"2.2-3203","catch_line":"Transitional severance benefit conferred","url":"\/2.2-3203\/","token":"2.2\/I\/E\/32\/2.2-3203","metadata":false},{"id":76756,"structure_id":13050,"section_number":"2.2-3204","catch_line":"Retirement program","url":"\/2.2-3204\/","token":"2.2\/I\/E\/32\/2.2-3204","metadata":false},{"id":57269,"structure_id":13050,"section_number":"2.2-3205","catch_line":"Costs associated with this chapter; payment","url":"\/2.2-3205\/","token":"2.2\/I\/E\/32\/2.2-3205","metadata":false},{"id":77385,"structure_id":13050,"section_number":"2.2-3206","catch_line":"Review of program","url":"\/2.2-3206\/","token":"2.2\/I\/E\/32\/2.2-3206","metadata":false}],"previous_section":{"id":54495,"structure_id":13050,"section_number":"2.2-3201","catch_line":"Duties of Department of Human Resource Management and executive branch agencies to involuntarily separated employees","url":"\/2.2-3201\/","token":"2.2\/I\/E\/32\/2.2-3201","metadata":false},"next_section":{"id":82159,"structure_id":13050,"section_number":"2.2-3203","catch_line":"Transitional severance benefit conferred","url":"\/2.2-3203\/","token":"2.2\/I\/E\/32\/2.2-3203","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-3202\/","history_text":"

This law was first created in 1995. The record of its establishment is cataloged in chapters 152<\/a> and 811<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2001, chapter 844<\/a>; in 2002, chapter 491<\/a>; in 2003, chapter 782<\/a>; in 2006, chapters 813<\/a> and 902<\/a>; in 2014, chapter 225<\/a>; in 2017, chapters 359<\/a> and 742<\/a>.<\/p>","references":false,"refers_to":[{"id":76294,"section_number":"2.2-106","catch_line":"Appointment of agency heads; disclosure of resumes; severance","order_by":null,"url":"\/2.2-106\/"},{"id":65778,"section_number":"2.2-2900","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-2900\/"},{"id":64223,"section_number":"2.2-2905","catch_line":"Certain officers and employees exempt from chapter","order_by":null,"url":"\/2.2-2905\/"},{"id":78683,"section_number":"51.1-124.22","catch_line":"Board to administer Retirement System; powers and duties","order_by":null,"url":"\/51.1-124.22\/"},{"id":73479,"section_number":"51.1-300","catch_line":"Judicial Retirement System continued; administration; application of provisions of Virginia Retirement System","order_by":null,"url":"\/51.1-300\/"}],"permalink":{"id":176233,"object_type":"law","relational_id":54108,"identifier":"2.2-3202","token":"2.2\/I\/E\/32\/2.2-3202","url":"\/2.2-3202\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-3202\/","token":"2.2\/I\/E\/32\/2.2-3202","dublin_core":{"Title":"Eligibility for transitional severance benefit","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-3202","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any full-time employee of the Commonwealth (i) whose position is covered by the Virginia Personnel Act (§ 2.2-2900<\/a> 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<\/a>, (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, 20, 23, or 28 of § 2.2-2905<\/a>; 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> 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<\/span> with the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Members of the Judicial Retirement System (§ 51.1-300<\/a> et seq.) and officers elected by popular vote shall not be eligible for the transitional severance benefit conferred by this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Eligibility shall commence on the date of involuntary separation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Persons authorized by § 2.2-106<\/a> or 51.1-124.22<\/a> 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. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nELIGIBILITY FOR TRANSITIONAL SEVERANCE BENEFIT (\u00a7 2.2-3202)\n\nA. Any full-time employee of the Commonwealth (i) whose position is covered by\nthe Virginia Personnel Act (§ 2.2-2900 et seq.), (ii) whose position is\nexempt from the Virginia Personnel Act pursuant to subdivisions 2, 4 (except\nthose persons specified in subsection C of this section), 7, 15 or 16 of §\n2.2-2905, (iii) who is employed by the State Corporation Commission, (iv) who is\nemployed by the Virginia Workers’ Compensation Commission, (v) who is\nemployed by the Virginia Retirement System, (vi) who is employed by the Virginia\nLottery, (vii) who is employed by the Medical College of Virginia Hospitals or\nthe University of Virginia Medical Center, (viii) who is employed at a state\neducational institution as faculty (including, but not limited to, presidents\nand teaching and research faculty) as defined in the Consolidated Salary\nAuthorization for Faculty Positions in Institutions of Higher Education,\n1994-95, or (ix) whose position is exempt from the Virginia Personnel Act\npursuant to subdivision 3, 20, 23, or 28 of § 2.2-2905; and (a) for whom\nreemployment with the Commonwealth is not possible because there is no available\nposition for which the employee is qualified or the position offered to the\nemployee requires relocation or a reduction in salary and (b) whose involuntary\nseparation was due to causes other than job performance or misconduct, shall be\neligible, under the conditions specified, for the transitional severance benefit\nconferred by this chapter. The date of involuntary separation shall mean the\ndate an employee was terminated from employment or placed on leave without\npay-layoff or equivalent status.\n\nB. An otherwise eligible employee whose position is contingent upon project\ngrants as defined in the Catalogue of Federal Domestic Assistance, shall not be\neligible for the transitional severance benefit conferred by this chapter unless\nthe funding source had agreed to assume all financial responsibility therefor in\nits written contract with the Commonwealth.\n\nC. Members of the Judicial Retirement System (§ 51.1-300 et seq.) and\nofficers elected by popular vote shall not be eligible for the transitional\nseverance benefit conferred by this chapter.\n\nD. Eligibility shall commence on the date of involuntary separation.\n\nE. Persons authorized by § 2.2-106 or 51.1-124.22 to appoint a chief\nadministrative officer or the administrative head of an agency shall adhere to\nthe same criteria for eligibility for transitional severance benefits as is\nrequired for gubernatorial appointees pursuant to subsection A.\n\nHISTORY: 1995, cc. 152, 811, \u00a7 2.1-116.22; 2001, c. 844; 2002, c. 491; 2003, c.\n782; 2006, cc. 813, 902; 2014, c. 225; 2017, cc. 359, 742.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}