{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/23.1-2415.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/23.1-2415.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/23.1-2415.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/23.1-2415.html"}],"law_id":79842,"edition_id":1,"section_id":79842,"structure_id":13799,"section_number":"23.1-2415","catch_line":"Employees of the Authority","history":"1996, cc. 905, 1046, \u00a7 23-50.16:24; 1998, c. 449; 2000, cc. 66, 657; 2012, cc. 803, 835; 2016, c. 588; 2017, c. 314; 2020, c. 1137.","full_text":"A\n\nEmployees of the Authority shall be employed on such terms and conditions as established by the Authority. The board shall develop and adopt policies and procedures that afford its employees grievance rights, ensure that employment decisions are based upon the merit and fitness of applicants, and prohibit discrimination on the basis of race, religion, color, sex, sexual orientation, gender identity, or national origin.B\n\nThe Authority shall issue a written notice to all individuals whose employment is transferred to the Authority. The date upon which such written notice is issued is referred to in this section as the “Option Date.” Each individual whose employment is transferred to the Authority may, by written request made within 180 days of the Option Date, elect not to become employed by the Authority. Any employee of MCV Hospitals who (i) elects not to become employed by the Authority; (ii) is not reemployed by any department, institution, board, commission, or agency of the Commonwealth; (iii) is not offered alternative employment by the Authority; (iv) is not offered a position with the Authority for which the employee is qualified; or (v) is offered a position by the Authority that requires relocation or a reduction in salary is eligible for the severance benefits conferred by the provisions of the Workforce Transition Act (§ 2.2-3200 et seq.). Any employee who accepts employment with the Authority has voluntarily separated from state employment and is not eligible for the severance benefits conferred by the provisions of the Workforce Transition Act.C\n\nWithout limiting its power generally with respect to employees, the Authority may employ any University employee utilized in the operation of the hospital facilities and assume obligations under any employment agreement for such employee, and the University may assign any such contract to the Authority.D\n\nThe Authority and the University may enter into agreements providing for the purchase of services of University employees utilized in the operation of the hospital facilities by paying agreed-upon amounts to cover all or part of the salaries and other costs of such employees.E\n\nNotwithstanding any other provision of law to the contrary, any employee whose employment is transferred to the Authority as a result of this chapter and who is a member of any plan for providing health insurance coverage pursuant to Chapter 28 (§ 2.2-2800 et seq.) of Title 2.2 shall continue to be a member of such health insurance plan under the same terms and conditions of such plan.F\n\nNotwithstanding subsection A of § 2.2-2818, the costs of providing health insurance coverage to employees who elect to continue to be members of the state employees’ health insurance plan shall be paid by the Authority.G\n\nAny employee of the Authority may elect to become a member of any health insurance plan established by the Authority. The Authority may (i) establish a health insurance plan for the benefit of its employees, residents, and interns and (ii) enter into an agreement with the Department of Human Resource Management providing for the coverage of its employees, interns, and residents under the state employees’ health insurance plan, provided that such agreement requires the Authority to pay the costs of providing health insurance coverage under such plan.H\n\nNotwithstanding any other provision of law to the contrary, any employee whose employment is transferred to the Authority as a result of this chapter and who is a member of the Virginia Retirement System or another retirement plan as authorized by Article 4 (\u00a7 51.1-125 et seq.) of Chapter 1 of Title 51.1 shall continue to be a member of the Virginia Retirement System or such other authorized retirement plan under the same terms and conditions of such plan. Any such employee and any employee employed by the Authority between July 1, 1997, and June 30, 1998, who elected to be covered by the Virginia Retirement System may elect, during an open enrollment period from April 1, 2001, through April 30, 2001, to become a member of the retirement plan established by the Authority for the benefit of its employees pursuant to \u00a7 23.1-2416 by transferring assets equal to the actuarially determined present value of the accrued basic benefit as of the transfer date. The Authority shall reimburse the Virginia Retirement System for the actual cost of actuarial services necessary to determine the present value of the accrued basic benefit of employees who elect to transfer to the Authority’s retirement plan. The following rules shall apply to such transfers:1\n\nWith respect to any transferred employee who elects to remain a member of the Virginia Retirement System or another authorized retirement plan, the Authority shall collect and pay all employee and employer contributions to the Virginia Retirement System or such other authorized retirement plan for retirement in accordance with the provisions of Chapter 1 (§ 51.1-124.1 et seq.) of Title 51.1 for such transferred employees.2\n\nTransferred employees who elect to become members of the retirement plan established by the Authority for the benefit of its employees shall be given full credit for their creditable service as defined in § 51.1-124.3, vesting and benefit accrual under the retirement plan established by the Authority. For any such employee, employment with the Authority shall be treated as employment with any nonparticipating employer for purposes of the Virginia Retirement System or other retirement plan as authorized by Article 4 (§ 51.1-125 et seq.) of Chapter 1 of Title 51.1.3\n\nFor transferred employees who elect to become members of the retirement plan established by the Authority, the Virginia Retirement System or other such authorized plan shall transfer to the retirement plan established by the Authority assets equal to the actuarially determined present value of the accrued basic benefit as of the transfer date. For the purposes of such calculation, the basic benefit is the benefit accrued under the Virginia Retirement System or another authorized retirement plan based on creditable service and average final compensation as defined in § 51.1-124.3 and determined as of the transfer date. The actuarial present value shall be determined on the same basis, using the same actuarial factors and assumptions used in determining the funding needs of the Virginia Retirement System or such other authorized retirement plan so that the transfer of assets to the retirement plan established by the Authority has no effect on the funded status and financial stability of the Virginia Retirement System or other such authorized retirement plan.","order_by":null,"text":{"0":{"id":286016,"text":"Employees of the Authority shall be employed on such terms and conditions as established by the Authority. The board shall develop and adopt policies and procedures that afford its employees grievance rights, ensure that employment decisions are based upon the merit and fitness of applicants, and prohibit discrimination on the basis of race, religion, color, sex, sexual orientation, gender identity, or national origin.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":286017,"text":"The Authority shall issue a written notice to all individuals whose employment is transferred to the Authority. The date upon which such written notice is issued is referred to in this section as the “Option Date.” Each individual whose employment is transferred to the Authority may, by written request made within 180 days of the Option Date, elect not to become employed by the Authority. Any employee of MCV Hospitals who (i) elects not to become employed by the Authority; (ii) is not reemployed by any department, institution, board, commission, or agency of the Commonwealth; (iii) is not offered alternative employment by the Authority; (iv) is not offered a position with the Authority for which the employee is qualified; or (v) is offered a position by the Authority that requires relocation or a reduction in salary is eligible for the severance benefits conferred by the provisions of the Workforce Transition Act (§ 2.2-3200 et seq.). Any employee who accepts employment with the Authority has voluntarily separated from state employment and is not eligible for the severance benefits conferred by the provisions of the Workforce Transition Act.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":286018,"text":"Without limiting its power generally with respect to employees, the Authority may employ any University employee utilized in the operation of the hospital facilities and assume obligations under any employment agreement for such employee, and the University may assign any such contract to the Authority.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":286019,"text":"The Authority and the University may enter into agreements providing for the purchase of services of University employees utilized in the operation of the hospital facilities by paying agreed-upon amounts to cover all or part of the salaries and other costs of such employees.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":286020,"text":"Notwithstanding any other provision of law to the contrary, any employee whose employment is transferred to the Authority as a result of this chapter and who is a member of any plan for providing health insurance coverage pursuant to Chapter 28 (§ 2.2-2800 et seq.) of Title 2.2 shall continue to be a member of such health insurance plan under the same terms and conditions of such plan.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":286021,"text":"Notwithstanding subsection A of § 2.2-2818, the costs of providing health insurance coverage to employees who elect to continue to be members of the state employees’ health insurance plan shall be paid by the Authority.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":286022,"text":"Any employee of the Authority may elect to become a member of any health insurance plan established by the Authority. The Authority may (i) establish a health insurance plan for the benefit of its employees, residents, and interns and (ii) enter into an agreement with the Department of Human Resource Management providing for the coverage of its employees, interns, and residents under the state employees’ health insurance plan, provided that such agreement requires the Authority to pay the costs of providing health insurance coverage under such plan.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":286023,"text":"Notwithstanding any other provision of law to the contrary, any employee whose employment is transferred to the Authority as a result of this chapter and who is a member of the Virginia Retirement System or another retirement plan as authorized by Article 4 (\u00a7 51.1-125 et seq.) of Chapter 1 of Title 51.1 shall continue to be a member of the Virginia Retirement System or such other authorized retirement plan under the same terms and conditions of such plan. Any such employee and any employee employed by the Authority between July 1, 1997, and June 30, 1998, who elected to be covered by the Virginia Retirement System may elect, during an open enrollment period from April 1, 2001, through April 30, 2001, to become a member of the retirement plan established by the Authority for the benefit of its employees pursuant to \u00a7 23.1-2416 by transferring assets equal to the actuarially determined present value of the accrued basic benefit as of the transfer date. The Authority shall reimburse the Virginia Retirement System for the actual cost of actuarial services necessary to determine the present value of the accrued basic benefit of employees who elect to transfer to the Authority’s retirement plan. The following rules shall apply to such transfers:","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"H1"},"8":{"id":286024,"text":"With respect to any transferred employee who elects to remain a member of the Virginia Retirement System or another authorized retirement plan, the Authority shall collect and pay all employee and employer contributions to the Virginia Retirement System or such other authorized retirement plan for retirement in accordance with the provisions of Chapter 1 (§ 51.1-124.1 et seq.) of Title 51.1 for such transferred employees.","type":"section","prefixes":["H","1"],"prefix":"1","entire_prefix":"H1","prefix_anchor":"H1","level":2,"prior_prefix":"H","next_prefix":"H2"},"9":{"id":286025,"text":"Transferred employees who elect to become members of the retirement plan established by the Authority for the benefit of its employees shall be given full credit for their creditable service as defined in § 51.1-124.3, vesting and benefit accrual under the retirement plan established by the Authority. For any such employee, employment with the Authority shall be treated as employment with any nonparticipating employer for purposes of the Virginia Retirement System or other retirement plan as authorized by Article 4 (§ 51.1-125 et seq.) of Chapter 1 of Title 51.1.","type":"section","prefixes":["H","2"],"prefix":"2","entire_prefix":"H2","prefix_anchor":"H2","level":2,"prior_prefix":"H1","next_prefix":"H3"},"10":{"id":286026,"text":"For transferred employees who elect to become members of the retirement plan established by the Authority, the Virginia Retirement System or other such authorized plan shall transfer to the retirement plan established by the Authority assets equal to the actuarially determined present value of the accrued basic benefit as of the transfer date. For the purposes of such calculation, the basic benefit is the benefit accrued under the Virginia Retirement System or another authorized retirement plan based on creditable service and average final compensation as defined in § 51.1-124.3 and determined as of the transfer date. The actuarial present value shall be determined on the same basis, using the same actuarial factors and assumptions used in determining the funding needs of the Virginia Retirement System or such other authorized retirement plan so that the transfer of assets to the retirement plan established by the Authority has no effect on the funded status and financial stability of the Virginia Retirement System or other such authorized retirement plan.","type":"section","prefixes":["H","3"],"prefix":"3","entire_prefix":"H3","prefix_anchor":"H3","level":2,"prior_prefix":"H2"}},"ancestry":[{"id":13799,"edition_id":1,"name":"Virginia Commonwealth University Health System Authority","identifier":"24","label":"chapter","depth":3,"order_by":1,"parent_id":13798,"metadata":{},"date_created":"2026-06-26 03:45:54","date_modified":"2026-06-26 03:45:54","permalink":{"id":186325,"object_type":"structure","relational_id":13799,"identifier":"24","token":"23.1\/IV\/24","url":"\/23.1\/IV\/24\/","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":65528,"structure_id":13799,"section_number":"23.1-2400","catch_line":"Definitions","url":"\/23.1-2400\/","token":"23.1\/IV\/24\/23.1-2400","metadata":false},{"id":87275,"structure_id":13799,"section_number":"23.1-2401","catch_line":"Authority established; powers, purposes, and duties","url":"\/23.1-2401\/","token":"23.1\/IV\/24\/23.1-2401","metadata":false},{"id":83861,"structure_id":13799,"section_number":"23.1-2402","catch_line":"Board of directors; membership; meetings; officers; employees","url":"\/23.1-2402\/","token":"23.1\/IV\/24\/23.1-2402","metadata":false},{"id":65699,"structure_id":13799,"section_number":"23.1-2403","catch_line":"Chief executive officer of the Authority","url":"\/23.1-2403\/","token":"23.1\/IV\/24\/23.1-2403","metadata":false},{"id":84554,"structure_id":13799,"section_number":"23.1-2404","catch_line":"Powers of the Authority","url":"\/23.1-2404\/","token":"23.1\/IV\/24\/23.1-2404","metadata":false},{"id":79075,"structure_id":13799,"section_number":"23.1-2405","catch_line":"Additional powers of the Authority; operation of projects","url":"\/23.1-2405\/","token":"23.1\/IV\/24\/23.1-2405","metadata":false},{"id":76209,"structure_id":13799,"section_number":"23.1-2406","catch_line":"Additional powers of the Authority; police","url":"\/23.1-2406\/","token":"23.1\/IV\/24\/23.1-2406","metadata":false},{"id":70929,"structure_id":13799,"section_number":"23.1-2407","catch_line":"Public purpose","url":"\/23.1-2407\/","token":"23.1\/IV\/24\/23.1-2407","metadata":false},{"id":69160,"structure_id":13799,"section_number":"23.1-2408","catch_line":"Moneys of the Authority","url":"\/23.1-2408\/","token":"23.1\/IV\/24\/23.1-2408","metadata":false},{"id":72231,"structure_id":13799,"section_number":"23.1-2409","catch_line":"Grants and loans from localities","url":"\/23.1-2409\/","token":"23.1\/IV\/24\/23.1-2409","metadata":false},{"id":84421,"structure_id":13799,"section_number":"23.1-2410","catch_line":"Audit","url":"\/23.1-2410\/","token":"23.1\/IV\/24\/23.1-2410","metadata":false},{"id":81759,"structure_id":13799,"section_number":"23.1-2411","catch_line":"Exemption from taxation","url":"\/23.1-2411\/","token":"23.1\/IV\/24\/23.1-2411","metadata":false},{"id":64806,"structure_id":13799,"section_number":"23.1-2412","catch_line":"Transfer of existing hospital facilities","url":"\/23.1-2412\/","token":"23.1\/IV\/24\/23.1-2412","metadata":false},{"id":67264,"structure_id":13799,"section_number":"23.1-2413","catch_line":"Capital projects","url":"\/23.1-2413\/","token":"23.1\/IV\/24\/23.1-2413","metadata":false},{"id":82926,"structure_id":13799,"section_number":"23.1-2414","catch_line":"Leases of property","url":"\/23.1-2414\/","token":"23.1\/IV\/24\/23.1-2414","metadata":false},{"id":79842,"structure_id":13799,"section_number":"23.1-2415","catch_line":"Employees of the Authority","url":"\/23.1-2415\/","token":"23.1\/IV\/24\/23.1-2415","metadata":false},{"id":54806,"structure_id":13799,"section_number":"23.1-2416","catch_line":"Retirement benefits for employees of the Authority","url":"\/23.1-2416\/","token":"23.1\/IV\/24\/23.1-2416","metadata":false},{"id":63807,"structure_id":13799,"section_number":"23.1-2417","catch_line":"Insurance for employees of the Authority","url":"\/23.1-2417\/","token":"23.1\/IV\/24\/23.1-2417","metadata":false},{"id":84438,"structure_id":13799,"section_number":"23.1-2418","catch_line":"Power to issue bonds","url":"\/23.1-2418\/","token":"23.1\/IV\/24\/23.1-2418","metadata":false},{"id":81901,"structure_id":13799,"section_number":"23.1-2419","catch_line":"Liability on bonds","url":"\/23.1-2419\/","token":"23.1\/IV\/24\/23.1-2419","metadata":false},{"id":79367,"structure_id":13799,"section_number":"23.1-2420","catch_line":"Form of bonds","url":"\/23.1-2420\/","token":"23.1\/IV\/24\/23.1-2420","metadata":false},{"id":55443,"structure_id":13799,"section_number":"23.1-2421","catch_line":"Trust indentures and mortgages; security for the bonds","url":"\/23.1-2421\/","token":"23.1\/IV\/24\/23.1-2421","metadata":false},{"id":62976,"structure_id":13799,"section_number":"23.1-2422","catch_line":"Remedies of obligees of Authority","url":"\/23.1-2422\/","token":"23.1\/IV\/24\/23.1-2422","metadata":false},{"id":83360,"structure_id":13799,"section_number":"23.1-2423","catch_line":"Bonds to be legal investments","url":"\/23.1-2423\/","token":"23.1\/IV\/24\/23.1-2423","metadata":false},{"id":82595,"structure_id":13799,"section_number":"23.1-2424","catch_line":"Existing bonds","url":"\/23.1-2424\/","token":"23.1\/IV\/24\/23.1-2424","metadata":false},{"id":76552,"structure_id":13799,"section_number":"23.1-2425","catch_line":"Confidential and public information","url":"\/23.1-2425\/","token":"23.1\/IV\/24\/23.1-2425","metadata":false},{"id":61120,"structure_id":13799,"section_number":"23.1-2426","catch_line":"Chapter liberally construed","url":"\/23.1-2426\/","token":"23.1\/IV\/24\/23.1-2426","metadata":false},{"id":73772,"structure_id":13799,"section_number":"23.1-2427","catch_line":"Exemptions","url":"\/23.1-2427\/","token":"23.1\/IV\/24\/23.1-2427","metadata":false},{"id":58579,"structure_id":13799,"section_number":"23.1-2428","catch_line":"Assets of Authority; reversion to University","url":"\/23.1-2428\/","token":"23.1\/IV\/24\/23.1-2428","metadata":false}],"previous_section":{"id":82926,"structure_id":13799,"section_number":"23.1-2414","catch_line":"Leases of property","url":"\/23.1-2414\/","token":"23.1\/IV\/24\/23.1-2414","metadata":false},"next_section":{"id":54806,"structure_id":13799,"section_number":"23.1-2416","catch_line":"Retirement benefits for employees of the Authority","url":"\/23.1-2416\/","token":"23.1\/IV\/24\/23.1-2416","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/23.1-2415\/","history_text":"

This law was first created in 1996. The record of its establishment is cataloged in chapters 905<\/a> and 1046<\/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 1998, chapter 449<\/a>; in 2000, chapters 66<\/a> and 657<\/a>; in 2012, chapters 803<\/a> and 835<\/a>; in 2016, chapter 588<\/a>; in 2017, chapter 314<\/a>; in 2020, chapter 1137<\/a>.<\/p>","references":[{"id":68317,"section_number":"2.2-2818","catch_line":"Health and related insurance for state employees","order_by":null,"url":"\/2.2-2818\/"}],"refers_to":[{"id":68109,"section_number":"2.2-2800","catch_line":"Disability to hold state office","order_by":null,"url":"\/2.2-2800\/"},{"id":68317,"section_number":"2.2-2818","catch_line":"Health and related insurance for state employees","order_by":null,"url":"\/2.2-2818\/"},{"id":65287,"section_number":"2.2-3200","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-3200\/"},{"id":54806,"section_number":"23.1-2416","catch_line":"Retirement benefits for employees of the Authority","order_by":null,"url":"\/23.1-2416\/"},{"id":68506,"section_number":"51.1-124.1","catch_line":"Virginia Retirement System established","order_by":null,"url":"\/51.1-124.1\/"},{"id":70634,"section_number":"51.1-124.3","catch_line":"Definitions","order_by":null,"url":"\/51.1-124.3\/"},{"id":84519,"section_number":"51.1-125","catch_line":"Persons composing membership; persons holding more than one position","order_by":null,"url":"\/51.1-125\/"}],"permalink":{"id":186387,"object_type":"law","relational_id":79842,"identifier":"23.1-2415","token":"23.1\/IV\/24\/23.1-2415","url":"\/23.1-2415\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/23.1-2415\/","token":"23.1\/IV\/24\/23.1-2415","dublin_core":{"Title":"Employees of the Authority","Type":"Text","Format":"text\/html","Identifier":"\u00a7 23.1-2415","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Employees of the Authority<\/span> shall be employed on such terms and conditions as established by the Authority<\/span>. The board<\/span> shall develop and adopt policies and procedures that afford its employees grievance rights, ensure that employment decisions are based upon the merit and fitness of applicants, and prohibit discrimination on the basis of race, religion, color, sex, sexual orientation, gender identity, or national origin. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Authority<\/span> shall issue<\/span> a written notice to all individuals whose employment is transferred to the Authority<\/span>. The date upon which such written notice is issued is referred to in this section as the “Option Date.” Each individual whose employment is transferred to the Authority<\/span> may, by written request made within 180 days of the Option Date, elect not to become employed by the Authority<\/span>. Any employee of MCV Hospitals who (i) elects not to become employed by the Authority<\/span>; (ii) is not reemployed by any department, institution, board<\/span>, commission, or agency of the Commonwealth; (iii) is not offered alternative employment by the Authority<\/span>; (iv) is not offered a position with the Authority<\/span> for which the employee is qualified; or (v) is offered a position by the Authority<\/span> that requires relocation or a reduction in salary is eligible for the severance benefits conferred by the provisions of the Workforce Transition Act (§ 2.2-3200<\/a> et seq.). Any employee who accepts employment with the Authority<\/span> has voluntarily separated from state employment and is not eligible for the severance benefits conferred by the provisions of the Workforce Transition Act. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Without limiting its power generally with respect to employees, the Authority<\/span> may employ any University<\/span> employee utilized in the operation of the hospital facilities<\/span> and assume obligations under any employment agreement for such employee, and the University<\/span> may assign any such contract<\/span> to the Authority<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Authority<\/span> and the University<\/span> may enter into agreements providing for the purchase of services of University<\/span> employees utilized in the operation of the hospital facilities<\/span> by paying agreed-upon amounts to cover all or part of the salaries and other costs<\/span> of such employees. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Notwithstanding any other provision of law<\/span> to the contrary, any employee whose employment is transferred to the Authority<\/span> as a result of this chapter and who is a member of any plan for providing health insurance coverage pursuant to Chapter 28 (§ 2.2-2800<\/a> et seq.) of Title 2.2 shall continue to be a member of such health insurance plan under the same terms and conditions of such plan. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Notwithstanding subsection A of § 2.2-2818<\/a>, the costs<\/span> of providing health insurance coverage to employees who elect to continue to be members of the state employees’ health insurance plan shall be paid by the Authority<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Any employee of the Authority<\/span> may elect to become a member of any health insurance plan established by the Authority<\/span>. The Authority<\/span> may (i) establish a health insurance plan for the benefit of its employees, residents, and interns and (ii) enter into an agreement with the Department of Human Resource Management providing for the coverage of its employees, interns, and residents under the state employees’ health insurance plan, provided that such agreement requires the Authority<\/span> to pay the costs<\/span> of providing health insurance coverage under such plan. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Notwithstanding any other provision of law<\/span> to the contrary, any employee whose employment is transferred to the Authority<\/span> as a result of this chapter and who is a member of the Virginia Retirement System<\/span> or another retirement plan as authorized by Article 4 (\u00a7 51.1-125<\/a> et seq.) of Chapter 1 of Title 51.1 shall continue to be a member of the Virginia Retirement System<\/span> or such other authorized retirement plan under the same terms and conditions of such plan. Any such employee and any employee employed by the Authority<\/span> between July 1, 1997, and June 30, 1998, who elected to be covered by the Virginia Retirement System<\/span> may elect, during an open enrollment period from April 1, 2001, through April 30, 2001, to become a member of the retirement plan established by the Authority<\/span> for the benefit of its employees pursuant to \u00a7 23.1-2416<\/a> by transferring assets<\/span> equal to the actuarially determined present value of the accrued basic benefit as of the transfer date<\/span>. The Authority<\/span> shall reimburse the Virginia Retirement System<\/span> for the actual cost of actuarial services necessary to determine the present value of the accrued basic benefit of employees who elect to transfer to the Authority<\/span>’s retirement plan. The following rules shall apply to such transfers: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> With respect to any transferred employee who elects to remain a member of the Virginia Retirement System<\/span> or another authorized retirement plan, the Authority<\/span> shall collect and pay all employee and employer contributions to the Virginia Retirement System<\/span> or such other authorized retirement plan for retirement in accordance with the provisions of Chapter 1 (§ 51.1-124.1<\/a> et seq.) of Title 51.1 for such transferred employees. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Transferred employees who elect to become members of the retirement plan established by the Authority<\/span> for the benefit of its employees shall be given full credit for their creditable service as defined in § 51.1-124.3<\/a>, vesting and benefit accrual under the retirement plan established by the Authority<\/span>. For any such employee, employment with the Authority<\/span> shall be treated as employment with any nonparticipating employer for purposes of the Virginia Retirement System<\/span> or other retirement plan as authorized by Article 4 (§ 51.1-125<\/a> et seq.) of Chapter 1 of Title 51.1. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> For transferred employees who elect to become members of the retirement plan established by the Authority<\/span>, the Virginia Retirement System<\/span> or other such authorized plan shall transfer to the retirement plan established by the Authority<\/span> assets<\/span> equal to the actuarially determined present value of the accrued basic benefit as of the transfer date<\/span>. For the purposes of such calculation, the basic benefit is the benefit accrued under the Virginia Retirement System<\/span> or another authorized retirement plan based on creditable service and average final compensation as defined in § 51.1-124.3<\/a> and determined as of the transfer date<\/span>. The actuarial present value shall be determined on the same basis, using the same actuarial factors and assumptions used in determining the funding needs of the Virginia Retirement System<\/span> or such other authorized retirement plan so that the transfer of assets<\/span> to the retirement plan established by the Authority<\/span> has no effect on the funded status and financial stability of the Virginia Retirement System<\/span> or other such authorized retirement plan. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEMPLOYEES OF THE AUTHORITY (\u00a7 23.1-2415)\n\nA. Employees of the Authority shall be employed on such terms and conditions as\nestablished by the Authority. The board shall develop and adopt policies and\nprocedures that afford its employees grievance rights, ensure that employment\ndecisions are based upon the merit and fitness of applicants, and prohibit\ndiscrimination on the basis of race, religion, color, sex, sexual orientation,\ngender identity, or national origin.\n\nB. The Authority shall issue a written notice to all individuals whose\nemployment is transferred to the Authority. The date upon which such written\nnotice is issued is referred to in this section as the “Option\nDate.” Each individual whose employment is transferred to the Authority\nmay, by written request made within 180 days of the Option Date, elect not to\nbecome employed by the Authority. Any employee of MCV Hospitals who (i) elects\nnot to become employed by the Authority; (ii) is not reemployed by any\ndepartment, institution, board, commission, or agency of the Commonwealth; (iii)\nis not offered alternative employment by the Authority; (iv) is not offered a\nposition with the Authority for which the employee is qualified; or (v) is\noffered a position by the Authority that requires relocation or a reduction in\nsalary is eligible for the severance benefits conferred by the provisions of the\nWorkforce Transition Act (§ 2.2-3200 et seq.). Any employee who accepts\nemployment with the Authority has voluntarily separated from state employment\nand is not eligible for the severance benefits conferred by the provisions of\nthe Workforce Transition Act.\n\nC. Without limiting its power generally with respect to employees, the Authority\nmay employ any University employee utilized in the operation of the hospital\nfacilities and assume obligations under any employment agreement for such\nemployee, and the University may assign any such contract to the Authority.\n\nD. The Authority and the University may enter into agreements providing for the\npurchase of services of University employees utilized in the operation of the\nhospital facilities by paying agreed-upon amounts to cover all or part of the\nsalaries and other costs of such employees.\n\nE. Notwithstanding any other provision of law to the contrary, any employee\nwhose employment is transferred to the Authority as a result of this chapter and\nwho is a member of any plan for providing health insurance coverage pursuant to\nChapter 28 (§ 2.2-2800 et seq.) of Title 2.2 shall continue to be a member\nof such health insurance plan under the same terms and conditions of such plan.\n\nF. Notwithstanding subsection A of § 2.2-2818, the costs of providing\nhealth insurance coverage to employees who elect to continue to be members of\nthe state employees’ health insurance plan shall be paid by the Authority.\n\nG. Any employee of the Authority may elect to become a member of any health\ninsurance plan established by the Authority. The Authority may (i) establish a\nhealth insurance plan for the benefit of its employees, residents, and interns\nand (ii) enter into an agreement with the Department of Human Resource\nManagement providing for the coverage of its employees, interns, and residents\nunder the state employees’ health insurance plan, provided that such\nagreement requires the Authority to pay the costs of providing health insurance\ncoverage under such plan.\n\nH. Notwithstanding any other provision of law to the contrary, any employee\nwhose employment is transferred to the Authority as a result of this chapter and\nwho is a member of the Virginia Retirement System or another retirement plan as\nauthorized by Article 4 (\u00a7 51.1-125 et seq.) of Chapter 1 of Title 51.1 shall\ncontinue to be a member of the Virginia Retirement System or such other\nauthorized retirement plan under the same terms and conditions of such plan. Any\nsuch employee and any employee employed by the Authority between July 1, 1997,\nand June 30, 1998, who elected to be covered by the Virginia Retirement System\nmay elect, during an open enrollment period from April 1, 2001, through April\n30, 2001, to become a member of the retirement plan established by the Authority\nfor the benefit of its employees pursuant to \u00a7 23.1-2416 by transferring assets\nequal to the actuarially determined present value of the accrued basic benefit\nas of the transfer date. The Authority shall reimburse the Virginia Retirement\nSystem for the actual cost of actuarial services necessary to determine the\npresent value of the accrued basic benefit of employees who elect to transfer to\nthe Authority’s retirement plan. The following rules shall apply to such\ntransfers:\n\n 1. With respect to any transferred employee who elects to remain a member of\n the Virginia Retirement System or another authorized retirement plan, the\n Authority shall collect and pay all employee and employer contributions to the\n Virginia Retirement System or such other authorized retirement plan for\n retirement in accordance with the provisions of Chapter 1 (§ 51.1-124.1\n et seq.) of Title 51.1 for such transferred employees.\n\n 2. Transferred employees who elect to become members of the retirement plan\n established by the Authority for the benefit of its employees shall be given\n full credit for their creditable service as defined in § 51.1-124.3,\n vesting and benefit accrual under the retirement plan established by the\n Authority. For any such employee, employment with the Authority shall be\n treated as employment with any nonparticipating employer for purposes of the\n Virginia Retirement System or other retirement plan as authorized by Article 4\n (§ 51.1-125 et seq.) of Chapter 1 of Title 51.1.\n\n 3. For transferred employees who elect to become members of the retirement\n plan established by the Authority, the Virginia Retirement System or other\n such authorized plan shall transfer to the retirement plan established by the\n Authority assets equal to the actuarially determined present value of the\n accrued basic benefit as of the transfer date. For the purposes of such\n calculation, the basic benefit is the benefit accrued under the Virginia\n Retirement System or another authorized retirement plan based on creditable\n service and average final compensation as defined in § 51.1-124.3 and\n determined as of the transfer date. The actuarial present value shall be\n determined on the same basis, using the same actuarial factors and assumptions\n used in determining the funding needs of the Virginia Retirement System or\n such other authorized retirement plan so that the transfer of assets to the\n retirement plan established by the Authority has no effect on the funded\n status and financial stability of the Virginia Retirement System or other such\n authorized retirement plan.\n\nHISTORY: 1996, cc. 905, 1046, \u00a7 23-50.16:24; 1998, c. 449; 2000, cc. 66, 657;\n2012, cc. 803, 835; 2016, c. 588; 2017, c. 314; 2020, c. 1137.","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}}