{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/23.1-1302.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/23.1-1302.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/23.1-1302.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/23.1-1302.html"}],"law_id":85259,"edition_id":1,"section_id":85259,"structure_id":13885,"section_number":"23.1-1302","catch_line":"Governing boards; additional powers; voluntary early retirement","history":"1988, c. 246, \u00a7 23-9.2:3.1; 2005, c. 633; 2016, c. 588.","full_text":"A\n\nThe governing board of each public institution of higher education may establish a compensation plan designed to provide incentives for voluntary early retirement of teaching and research staff employed in nonclassified, faculty positions. Participation in such compensation plan is voluntary for eligible employees and no employee shall be penalized in any way for not participating.B\n\nIn order to qualify for participation in such compensation plan, an eligible faculty employee shall (i) be at least 60 years old; (ii) have completed at least 10 years of full-time service at the institution offering the plan; (iii) have been awarded tenure or have a contractual right to continued employment; (iv) agree to withdraw from active membership in the Virginia Retirement System; and (v) comply with any additional criteria established by the governing board of the institution.C\n\nAny compensation plan established pursuant to this section shall include the institutional needs and objectives to be served, the kind of incentives to be offered, the sources of available funding for implementation, and any additional qualifications required of eligible faculty employees established by the governing board. Any such compensation plan shall explicitly reserve to the governing board the authority to modify, amend, or repeal the plan. However, no such amendment, modification, or repeal is effective as to any individual who retires under the plan prior to the effective date of the amendment, modification, or repeal.D\n\nThe cash payments offered under any such compensation plan shall not exceed 150 percent of the employee’s base annual salary reflected in the Personnel Management Information System at the time of election to participate. Any such payment shall be allocated over at least two years. Such compensation may include payment of insurance benefits by the institution until the participant reaches the age of 65. The total cost in any fiscal year for any compensation plan established under this section shall not exceed one percent of the institution’s corresponding fiscal year state general fund appropriation for faculty salaries and associated benefits.E\n\nThe Governor may establish, with the assistance of the Council, uniform criteria for such compensation plans. Prior to the adoption, modification, amendment, or repeal of any such compensation plan, the governing board shall obtain the Governor’s approval. The Governor shall provide a copy of each approved plan to the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations. All compensation plans shall be reviewed for legal sufficiency by the Office of the Attorney General prior to adoption, modification, amendment, or repeal.F\n\nThe Administrative Process Act (§ 2.2-4000 et seq.) does not apply to the establishment of such compensation plans or any implementing regulations or criteria.","order_by":null,"text":{"0":{"id":305530,"text":"The governing board of each public institution of higher education may establish a compensation plan designed to provide incentives for voluntary early retirement of teaching and research staff employed in nonclassified, faculty positions. Participation in such compensation plan is voluntary for eligible employees and no employee shall be penalized in any way for not participating.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":305531,"text":"In order to qualify for participation in such compensation plan, an eligible faculty employee shall (i) be at least 60 years old; (ii) have completed at least 10 years of full-time service at the institution offering the plan; (iii) have been awarded tenure or have a contractual right to continued employment; (iv) agree to withdraw from active membership in the Virginia Retirement System; and (v) comply with any additional criteria established by the governing board of the institution.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":305532,"text":"Any compensation plan established pursuant to this section shall include the institutional needs and objectives to be served, the kind of incentives to be offered, the sources of available funding for implementation, and any additional qualifications required of eligible faculty employees established by the governing board. Any such compensation plan shall explicitly reserve to the governing board the authority to modify, amend, or repeal the plan. However, no such amendment, modification, or repeal is effective as to any individual who retires under the plan prior to the effective date of the amendment, modification, or repeal.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":305533,"text":"The cash payments offered under any such compensation plan shall not exceed 150 percent of the employee’s base annual salary reflected in the Personnel Management Information System at the time of election to participate. Any such payment shall be allocated over at least two years. Such compensation may include payment of insurance benefits by the institution until the participant reaches the age of 65. The total cost in any fiscal year for any compensation plan established under this section shall not exceed one percent of the institution’s corresponding fiscal year state general fund appropriation for faculty salaries and associated benefits.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":305534,"text":"The Governor may establish, with the assistance of the Council, uniform criteria for such compensation plans. Prior to the adoption, modification, amendment, or repeal of any such compensation plan, the governing board shall obtain the Governor’s approval. The Governor shall provide a copy of each approved plan to the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations. All compensation plans shall be reviewed for legal sufficiency by the Office of the Attorney General prior to adoption, modification, amendment, or repeal.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":305535,"text":"The Administrative Process Act (§ 2.2-4000 et seq.) does not apply to the establishment of such compensation plans or any implementing regulations or criteria.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13885,"edition_id":1,"name":"Governing Boards of Public Institutions of Higher Education","identifier":"13","label":"chapter","depth":3,"order_by":1,"parent_id":13798,"metadata":{},"date_created":"2026-06-26 03:46:10","date_modified":"2026-06-26 03:46:10","permalink":{"id":185927,"object_type":"structure","relational_id":13885,"identifier":"13","token":"23.1\/IV\/13","url":"\/23.1\/IV\/13\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13798,"edition_id":1,"name":"Public Institutions of Higher Education","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":13111,"metadata":{},"date_created":"2026-06-26 03:45:54","date_modified":"2026-06-26 03:45:54","permalink":{"id":185925,"object_type":"structure","relational_id":13798,"identifier":"IV","token":"23.1\/IV","url":"\/23.1\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13111,"edition_id":1,"name":"Institutions of Higher Education; Other Educational and Cultural Institutions","identifier":"23.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:18","date_modified":"2026-06-26 03:44:18","permalink":{"id":184581,"object_type":"structure","relational_id":13111,"identifier":"23.1","token":"23.1","url":"\/23.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":82055,"structure_id":13885,"section_number":"23.1-1300","catch_line":"Members of governing boards; removal; terms; nonvoting, advisory representatives; residency","url":"\/23.1-1300\/","token":"23.1\/IV\/13\/23.1-1300","metadata":false},{"id":86654,"structure_id":13885,"section_number":"23.1-1301","catch_line":"Governing boards; powers","url":"\/23.1-1301\/","token":"23.1\/IV\/13\/23.1-1301","metadata":false},{"id":64896,"structure_id":13885,"section_number":"23.1-1301.1","catch_line":"Repealed","url":"\/23.1-1301.1\/","token":"23.1\/IV\/13\/23.1-1301.1","metadata":false},{"id":85259,"structure_id":13885,"section_number":"23.1-1302","catch_line":"Governing boards; additional powers; voluntary early retirement","url":"\/23.1-1302\/","token":"23.1\/IV\/13\/23.1-1302","metadata":false},{"id":79716,"structure_id":13885,"section_number":"23.1-1303","catch_line":"Governing boards; duties","url":"\/23.1-1303\/","token":"23.1\/IV\/13\/23.1-1303","metadata":false},{"id":85686,"structure_id":13885,"section_number":"23.1-1304","catch_line":"Governing boards; additional duties; educational programs","url":"\/23.1-1304\/","token":"23.1\/IV\/13\/23.1-1304","metadata":false},{"id":65070,"structure_id":13885,"section_number":"23.1-1304.1","catch_line":"Governing boards; additional duties; policy; acceptance of terms and conditions associated with donations, gifts, and other private philanthropic support","url":"\/23.1-1304.1\/","token":"23.1\/IV\/13\/23.1-1304.1","metadata":false},{"id":59812,"structure_id":13885,"section_number":"23.1-1305","catch_line":"Governing boards; student accounts; collections","url":"\/23.1-1305\/","token":"23.1\/IV\/13\/23.1-1305","metadata":false},{"id":75352,"structure_id":13885,"section_number":"23.1-1306","catch_line":"Governing board executive committee; duties","url":"\/23.1-1306\/","token":"23.1\/IV\/13\/23.1-1306","metadata":false},{"id":73397,"structure_id":13885,"section_number":"23.1-1307","catch_line":"Governing boards; expenses of members","url":"\/23.1-1307\/","token":"23.1\/IV\/13\/23.1-1307","metadata":false},{"id":54918,"structure_id":13885,"section_number":"23.1-1308","catch_line":"Governing board procedures; textbook sales and bookstores; open educational resources","url":"\/23.1-1308\/","token":"23.1\/IV\/13\/23.1-1308","metadata":false},{"id":83053,"structure_id":13885,"section_number":"23.1-1309","catch_line":"Boards of visitors; baccalaureate public institutions of higher education; intercollegiate athletics programs","url":"\/23.1-1309\/","token":"23.1\/IV\/13\/23.1-1309","metadata":false},{"id":59988,"structure_id":13885,"section_number":"23.1-1310","catch_line":"Boards of visitors; baccalaureate public institutions of higher education; property of predecessor institutions","url":"\/23.1-1310\/","token":"23.1\/IV\/13\/23.1-1310","metadata":false}],"previous_section":{"id":64896,"structure_id":13885,"section_number":"23.1-1301.1","catch_line":"Repealed","url":"\/23.1-1301.1\/","token":"23.1\/IV\/13\/23.1-1301.1","metadata":false},"next_section":{"id":79716,"structure_id":13885,"section_number":"23.1-1303","catch_line":"Governing boards; duties","url":"\/23.1-1303\/","token":"23.1\/IV\/13\/23.1-1303","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/23.1-1302\/","history_text":"

This law was first created in 1988. The record of its establishment is cataloged in chapter 246 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. Unfortunately, the 1988 \u201cActs\u201d aren\u2019t available online. It has been modified 2 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 2005, chapter 633<\/a>; in 2016, chapter 588<\/a>.<\/p>","references":[{"id":56640,"section_number":"23.1-1006","catch_line":"Management agreement; contents and scope","order_by":null,"url":"\/23.1-1006\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"}],"permalink":{"id":185941,"object_type":"law","relational_id":85259,"identifier":"23.1-1302","token":"23.1\/IV\/13\/23.1-1302","url":"\/23.1-1302\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/23.1-1302\/","token":"23.1\/IV\/13\/23.1-1302","dublin_core":{"Title":"Governing boards; additional powers; voluntary early retirement","Type":"Text","Format":"text\/html","Identifier":"\u00a7 23.1-1302","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The governing board<\/span> of each public institution of higher education<\/span> may establish a compensation plan designed to provide incentives for voluntary early retirement of teaching and research staff employed in nonclassified, faculty positions. Participation in such compensation plan is voluntary for eligible employees and no employee shall be penalized in any way for not participating. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In order<\/span> to qualify for participation in such compensation plan, an eligible faculty employee shall (i) be at least 60 years old; (ii) have completed at least 10 years of full-time service at the institution offering the plan; (iii) have been awarded tenure or have a contractual right to continued employment; (iv) agree to withdraw from active membership in the Virginia Retirement System<\/span>; and (v) comply with any additional criteria established by the governing board<\/span> of the institution. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any compensation plan established pursuant to this section shall include the institutional needs and objectives to be served, the kind of incentives to be offered, the sources of available funding for implementation, and any additional qualifications required of eligible faculty employees established by the governing board<\/span>. Any such compensation plan shall explicitly reserve to the governing board<\/span> the authority to modify, amend<\/span>, or repeal the plan. However, no such amendment, modification, or repeal is effective as to any individual who retires under the plan prior to the effective date of the amendment, modification, or repeal. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The cash payments offered under any such compensation plan shall not exceed 150 percent of the employee’s base annual salary reflected in the Personnel Management Information System<\/span> at the time of election to participate. Any such payment shall be allocated over at least two years. Such compensation may include payment of insurance benefits by the institution until the participant reaches the age of 65. The total cost in any fiscal year for any compensation plan established under this section shall not exceed one percent of the institution’s corresponding fiscal year state general fund appropriation for faculty salaries and associated benefits. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Governor may establish, with the assistance of the Council<\/span>, uniform criteria for such compensation plans. Prior to the adoption, modification, amendment, or repeal of any such compensation plan, the governing board<\/span> shall obtain the Governor’s approval. The Governor shall provide a copy of each approved plan to the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations. All compensation plans shall be reviewed for legal sufficiency by the Office of the Attorney General<\/span> prior to adoption, modification, amendment, or repeal. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Administrative Process Act (§ 2.2-4000<\/a> et seq.) does not apply to the establishment of such compensation plans or any implementing regulations or criteria. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nGOVERNING BOARDS; ADDITIONAL POWERS; VOLUNTARY EARLY RETIREMENT (\u00a7 23.1-1302)\n\nA. The governing board of each public institution of higher education may\nestablish a compensation plan designed to provide incentives for voluntary early\nretirement of teaching and research staff employed in nonclassified, faculty\npositions. Participation in such compensation plan is voluntary for eligible\nemployees and no employee shall be penalized in any way for not participating.\n\nB. In order to qualify for participation in such compensation plan, an eligible\nfaculty employee shall (i) be at least 60 years old; (ii) have completed at\nleast 10 years of full-time service at the institution offering the plan; (iii)\nhave been awarded tenure or have a contractual right to continued employment;\n(iv) agree to withdraw from active membership in the Virginia Retirement System;\nand (v) comply with any additional criteria established by the governing board\nof the institution.\n\nC. Any compensation plan established pursuant to this section shall include the\ninstitutional needs and objectives to be served, the kind of incentives to be\noffered, the sources of available funding for implementation, and any additional\nqualifications required of eligible faculty employees established by the\ngoverning board. Any such compensation plan shall explicitly reserve to the\ngoverning board the authority to modify, amend, or repeal the plan. However, no\nsuch amendment, modification, or repeal is effective as to any individual who\nretires under the plan prior to the effective date of the amendment,\nmodification, or repeal.\n\nD. The cash payments offered under any such compensation plan shall not exceed\n150 percent of the employee’s base annual salary reflected in the\nPersonnel Management Information System at the time of election to participate.\nAny such payment shall be allocated over at least two years. Such compensation\nmay include payment of insurance benefits by the institution until the\nparticipant reaches the age of 65. The total cost in any fiscal year for any\ncompensation plan established under this section shall not exceed one percent of\nthe institution’s corresponding fiscal year state general fund\nappropriation for faculty salaries and associated benefits.\n\nE. The Governor may establish, with the assistance of the Council, uniform\ncriteria for such compensation plans. Prior to the adoption, modification,\namendment, or repeal of any such compensation plan, the governing board shall\nobtain the Governor’s approval. The Governor shall provide a copy of each\napproved plan to the Chairmen of the House Committee on Appropriations and the\nSenate Committee on Finance and Appropriations. All compensation plans shall be\nreviewed for legal sufficiency by the Office of the Attorney General prior to\nadoption, modification, amendment, or repeal.\n\nF. The Administrative Process Act (§ 2.2-4000 et seq.) does not apply to\nthe establishment of such compensation plans or any implementing regulations or\ncriteria.\n\nHISTORY: 1988, c. 246, \u00a7 23-9.2:3.1; 2005, c. 633; 2016, c. 588.","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}}