{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/44-102.1_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/44-102.1_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/44-102.1_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/44-102.1_1.html"}],"law_id":59625,"edition_id":1,"section_id":59625,"structure_id":14583,"section_number":"44-102.1:1","catch_line":"Benefits upon call to active duty under a state of emergency; health care premiums","history":"2022, cc. 372, 373; 2024, c. 226.","full_text":"A\n\nAs used in this section:\n\t\t\t“Department” means the Department of Military Affairs.\n\t\t\t“Service member” means a member of the Virginia National Guard or the Virginia Defense Force.\n\t\t\t“State of emergency” has the same meaning as provided in § 44-146.16.B\n\nIf the Governor has declared a state of emergency that activated the Virginia National Guard or the Virginia Defense Force, then the Department is authorized to pay, for any service member who has served under such activation for a period of at least 14 consecutive days, the portion of the premium for such service member’s health care coverage previously paid by the service member’s employer, provided that the service member provides satisfactory evidence to the Department demonstrating that (i) immediately prior to being called to state active duty, the service member was employed and received health care coverage through his employer, (ii) the employer paid a premium to maintain the service member’s health care coverage, and (iii) as a result of the service member’s state active duty status, the employer is no longer paying such premium.C\n\nAny payment made by the Department pursuant to this section shall cover only the portion of the premium previously paid by the service member’s employer from day 15 of the service member’s state active duty until the date the service member is discharged from state active duty. Such payments may also cover dependents of the service member.D\n\nThe Department may use the sum sufficient identified in the relevant state of emergency declaration for any payment authorized by this section.E\n\nThe Department shall establish policies, procedures, and protocols to implement and record any payment authorized by this section.F\n\nOn or before November 1, 2022, and annually thereafter, the Department shall report to the Secretary of Veterans and Defense Affairs all payments made pursuant to this section.G\n\nNothing in this section shall create a legal cause of action against the Commonwealth or the Department.H\n\nThe Adjutant General may maintain state active-duty status for any service member injured while in the line of duty during the course of a state active-duty mission who is unable, due to his injury, to return to civilian employment. Such authorization shall be limited to 90 days after the date of the service member’s injury. The Adjutant General shall limit pay and allowances to the service member to the lesser of either the amount that the service member received from his civilian employment prior to his mobilization or the amount of federal active duty pay and allowances for that service member’s rank and years of service.","order_by":null,"text":{"0":{"id":218379,"text":"As used in this section:\n\t\t\t“Department” means the Department of Military Affairs.\n\t\t\t“Service member” means a member of the Virginia National Guard or the Virginia Defense Force.\n\t\t\t“State of emergency” has the same meaning as provided in § 44-146.16.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":218380,"text":"If the Governor has declared a state of emergency that activated the Virginia National Guard or the Virginia Defense Force, then the Department is authorized to pay, for any service member who has served under such activation for a period of at least 14 consecutive days, the portion of the premium for such service member’s health care coverage previously paid by the service member’s employer, provided that the service member provides satisfactory evidence to the Department demonstrating that (i) immediately prior to being called to state active duty, the service member was employed and received health care coverage through his employer, (ii) the employer paid a premium to maintain the service member’s health care coverage, and (iii) as a result of the service member’s state active duty status, the employer is no longer paying such premium.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":218381,"text":"Any payment made by the Department pursuant to this section shall cover only the portion of the premium previously paid by the service member’s employer from day 15 of the service member’s state active duty until the date the service member is discharged from state active duty. Such payments may also cover dependents of the service member.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":218382,"text":"The Department may use the sum sufficient identified in the relevant state of emergency declaration for any payment authorized by this section.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":218383,"text":"The Department shall establish policies, procedures, and protocols to implement and record any payment authorized by this section.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":218384,"text":"On or before November 1, 2022, and annually thereafter, the Department shall report to the Secretary of Veterans and Defense Affairs all payments made pursuant to this section.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":218385,"text":"Nothing in this section shall create a legal cause of action against the Commonwealth or the Department.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":218386,"text":"The Adjutant General may maintain state active-duty status for any service member injured while in the line of duty during the course of a state active-duty mission who is unable, due to his injury, to return to civilian employment. Such authorization shall be limited to 90 days after the date of the service member’s injury. The Adjutant General shall limit pay and allowances to the service member to the lesser of either the amount that the service member received from his civilian employment prior to his mobilization or the amount of federal active duty pay and allowances for that service member’s rank and years of service.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":14583,"edition_id":1,"name":"Privileges of United States Reserve, National Guard, and Naval Militia","identifier":"10","label":"article","depth":3,"order_by":1,"parent_id":13447,"metadata":{},"date_created":"2026-06-26 03:48:46","date_modified":"2026-06-26 03:48:46","permalink":{"id":221587,"object_type":"structure","relational_id":14583,"identifier":"10","token":"44\/1\/10","url":"\/44\/1\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13447,"edition_id":1,"name":"Military Laws of Virginia","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":13446,"metadata":{},"date_created":"2026-06-26 03:44:54","date_modified":"2026-06-26 03:44:54","permalink":{"id":221551,"object_type":"structure","relational_id":13447,"identifier":"1","token":"44\/1","url":"\/44\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13446,"edition_id":1,"name":"Military and Emergency Laws","identifier":"44","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:54","date_modified":"2026-06-26 03:44:54","permalink":{"id":221549,"object_type":"structure","relational_id":13446,"identifier":"44","token":"44","url":"\/44\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68421,"structure_id":14583,"section_number":"44-100","catch_line":"No action allowed on account of military duties; counsel for members sued or prosecuted","url":"\/44-100\/","token":"44\/1\/10\/44-100","metadata":false},{"id":61919,"structure_id":14583,"section_number":"44-101","catch_line":"Repealed","url":"\/44-101\/","token":"44\/1\/10\/44-101","metadata":false},{"id":77992,"structure_id":14583,"section_number":"44-102","catch_line":"Commission not to vacate civil office","url":"\/44-102\/","token":"44\/1\/10\/44-102","metadata":false},{"id":68646,"structure_id":14583,"section_number":"44-102.1","catch_line":"Rights, benefits and protections upon call to active duty; contract termination","url":"\/44-102.1\/","token":"44\/1\/10\/44-102.1","metadata":false},{"id":59625,"structure_id":14583,"section_number":"44-102.1:1","catch_line":"Benefits upon call to active duty under a state of emergency; health care premiums","url":"\/44-102.1_1\/","token":"44\/1\/10\/44-102.1_1","metadata":false},{"id":58911,"structure_id":14583,"section_number":"44-102.2","catch_line":"Virginia Military Family Relief Fund established","url":"\/44-102.2\/","token":"44\/1\/10\/44-102.2","metadata":false},{"id":85693,"structure_id":14583,"section_number":"44-93","catch_line":"Leaves of absence for employees of Commonwealth or political subdivisions","url":"\/44-93\/","token":"44\/1\/10\/44-93","metadata":false},{"id":72727,"structure_id":14583,"section_number":"44-93.1","catch_line":"Supplement of military pay and additional life insurance benefits for employees of Commonwealth or political subdivisions","url":"\/44-93.1\/","token":"44\/1\/10\/44-93.1","metadata":false},{"id":70588,"structure_id":14583,"section_number":"44-93.2","catch_line":"Leaves of absence from nongovernmental employment","url":"\/44-93.2\/","token":"44\/1\/10\/44-93.2","metadata":false},{"id":65346,"structure_id":14583,"section_number":"44-93.3","catch_line":"Reemployment rights","url":"\/44-93.3\/","token":"44\/1\/10\/44-93.3","metadata":false},{"id":68302,"structure_id":14583,"section_number":"44-93.4","catch_line":"Discrimination against persons who serve in the Virginia National Guard, Virginia Defense Force, or National Guard of another state and acts of reprisal prohibited","url":"\/44-93.4\/","token":"44\/1\/10\/44-93.4","metadata":false},{"id":84987,"structure_id":14583,"section_number":"44-93.5","catch_line":"Penalties for denial","url":"\/44-93.5\/","token":"44\/1\/10\/44-93.5","metadata":false},{"id":67986,"structure_id":14583,"section_number":"44-94","catch_line":"Exemption from jury duty","url":"\/44-94\/","token":"44\/1\/10\/44-94","metadata":false},{"id":61244,"structure_id":14583,"section_number":"44-95","catch_line":"Repealed","url":"\/44-95\/","token":"44\/1\/10\/44-95","metadata":false},{"id":60716,"structure_id":14583,"section_number":"44-96","catch_line":"Military property exempt from levy and sale","url":"\/44-96\/","token":"44\/1\/10\/44-96","metadata":false},{"id":62526,"structure_id":14583,"section_number":"44-97","catch_line":"Exemption from arrest","url":"\/44-97\/","token":"44\/1\/10\/44-97","metadata":false},{"id":78460,"structure_id":14583,"section_number":"44-97.1","catch_line":"Continuance or time for filing pleading, etc., where party or attorney is on active duty","url":"\/44-97.1\/","token":"44\/1\/10\/44-97.1","metadata":false},{"id":65025,"structure_id":14583,"section_number":"44-98","catch_line":"Interference with employment of members of Virginia National Guard or Virginia Defense Force","url":"\/44-98\/","token":"44\/1\/10\/44-98","metadata":false},{"id":56079,"structure_id":14583,"section_number":"44-99","catch_line":"Organizations may own property; suits","url":"\/44-99\/","token":"44\/1\/10\/44-99","metadata":false}],"previous_section":{"id":68646,"structure_id":14583,"section_number":"44-102.1","catch_line":"Rights, benefits and protections upon call to active duty; contract termination","url":"\/44-102.1\/","token":"44\/1\/10\/44-102.1","metadata":false},"next_section":{"id":58911,"structure_id":14583,"section_number":"44-102.2","catch_line":"Virginia Military Family Relief Fund established","url":"\/44-102.2\/","token":"44\/1\/10\/44-102.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/44-102.1:1\/","history_text":"

This law was first created in 2022. The record of its establishment is cataloged in chapters 372<\/a> and 373<\/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 1 time. 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. That modification is as follows: in 2024, chapter 226<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":221605,"object_type":"law","relational_id":59625,"identifier":"44-102.1:1","token":"44\/1\/10\/44-102.1_1","url":"\/44-102.1_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/44-102.1_1\/","token":"44\/1\/10\/44-102.1_1","dublin_core":{"Title":"Benefits upon call to active duty under a state of emergency; health care premiums","Type":"Text","Format":"text\/html","Identifier":"\u00a7 44-102.1:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Department<\/span>” means the Department<\/span> of Military Affairs.\n\t\t\t“Service member<\/span>” means a member of the Virginia National Guard or the Virginia Defense Force.\n\t\t\t“State of emergency<\/span>” has the same meaning as provided in § 44-146.16<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the Governor has declared a state of emergency<\/span> that activated the Virginia National Guard or the Virginia Defense Force, then the Department<\/span> is authorized to pay, for any service member<\/span> who has served under such activation for a period of at least 14 consecutive days, the portion of the premium for such service member<\/span>’s health care coverage previously paid by the service member<\/span>’s employer, provided that the service member<\/span> provides satisfactory evidence<\/span> to the Department<\/span> demonstrating that (i) immediately prior to being called to state active duty, the service member<\/span> was employed and received health care coverage through his employer, (ii) the employer paid a premium to maintain the service member<\/span>’s health care coverage, and (iii) as a result of the service member<\/span>’s state active duty status, the employer is no longer paying such premium. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any payment made by the Department<\/span> pursuant to this section shall cover only the portion of the premium previously paid by the service member<\/span>’s employer from day 15 of the service member<\/span>’s state active duty until the date the service member<\/span> is discharged from state active duty. Such payments may also cover dependents of the service member<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Department<\/span> may use the sum sufficient identified in the relevant state of emergency<\/span> declaration for any payment authorized by this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Department<\/span> shall establish policies, procedures, and protocols to implement and record any payment authorized by this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> On or before November 1, 2022, and annually thereafter, the Department<\/span> shall report to the Secretary of Veterans and Defense Affairs all payments made pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Nothing in this section shall create a legal cause of action<\/span> against the Commonwealth or the Department<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The Adjutant General may maintain state active-duty status for any service member<\/span> injured while in the line of duty during the course of a state active-duty mission who is unable, due to his injury, to return to civilian employment. Such authorization shall be limited to 90 days after the date of the service member<\/span>’s injury. The Adjutant General shall limit pay and allowances to the service member<\/span> to the lesser of either the amount that the service member<\/span> received from his civilian employment prior to his mobilization or the amount of federal active duty pay and allowances for that service member<\/span>’s rank and years of service. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nBENEFITS UPON CALL TO ACTIVE DUTY UNDER A STATE OF EMERGENCY; HEALTH CARE\nPREMIUMS (\u00a7 44-102.1:1)\n\nA. As used in this section:\n\t\t\t“Department” means the Department of Military Affairs.\n\t\t\t“Service member” means a member of the Virginia National Guard or\nthe Virginia Defense Force.\n\t\t\t“State of emergency” has the same meaning as provided in §\n44-146.16.\n\nB. If the Governor has declared a state of emergency that activated the Virginia\nNational Guard or the Virginia Defense Force, then the Department is authorized\nto pay, for any service member who has served under such activation for a period\nof at least 14 consecutive days, the portion of the premium for such service\nmember’s health care coverage previously paid by the service\nmember’s employer, provided that the service member provides satisfactory\nevidence to the Department demonstrating that (i) immediately prior to being\ncalled to state active duty, the service member was employed and received health\ncare coverage through his employer, (ii) the employer paid a premium to maintain\nthe service member’s health care coverage, and (iii) as a result of the\nservice member’s state active duty status, the employer is no longer\npaying such premium.\n\nC. Any payment made by the Department pursuant to this section shall cover only\nthe portion of the premium previously paid by the service member’s\nemployer from day 15 of the service member’s state active duty until the\ndate the service member is discharged from state active duty. Such payments may\nalso cover dependents of the service member.\n\nD. The Department may use the sum sufficient identified in the relevant state of\nemergency declaration for any payment authorized by this section.\n\nE. The Department shall establish policies, procedures, and protocols to\nimplement and record any payment authorized by this section.\n\nF. On or before November 1, 2022, and annually thereafter, the Department shall\nreport to the Secretary of Veterans and Defense Affairs all payments made\npursuant to this section.\n\nG. Nothing in this section shall create a legal cause of action against the\nCommonwealth or the Department.\n\nH. The Adjutant General may maintain state active-duty status for any service\nmember injured while in the line of duty during the course of a state\nactive-duty mission who is unable, due to his injury, to return to civilian\nemployment. Such authorization shall be limited to 90 days after the date of the\nservice member’s injury. The Adjutant General shall limit pay and\nallowances to the service member to the lesser of either the amount that the\nservice member received from his civilian employment prior to his mobilization\nor the amount of federal active duty pay and allowances for that service\nmember’s rank and years of service.\n\nHISTORY: 2022, cc. 372, 373; 2024, c. 226.","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}}