{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-129.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-129.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-129.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-129.1.html"}],"law_id":59839,"edition_id":1,"section_id":59839,"structure_id":13423,"section_number":"62.1-129.1","catch_line":"Employees; employment; personnel rules; health insurance; retirement plans","history":"1997, c. 232; 2000, cc. 66, 657; 2008, cc. 325, 621; 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 of Commissioners of the Authority shall develop and adopt personnel rules, policies, and procedures to give its employees grievance rights, ensure that employment decisions shall be based upon the merit and fitness of applicants, and prohibit discrimination because of race, religion, color, sex, sexual orientation, gender identity, or national origin.B\n\nThe Authority shall issue a written notice to its employees regarding the Authority’s status. The date upon which such written notice is issued shall be referred to herein as the “option date.” Each employee may, by written request made within 180 days of the option date, elect not to become employed by the Authority. Any employee of the Virginia Port Authority who: (i) elects not to become employed by the Authority and who is not reemployed by any other department, institution, board, commission or agency of the Commonwealth; (ii) is not offered the opportunity to remain employed by the Authority; or (iii) is not offered a position with the Authority for which the employee is qualified or is offered a position that requires relocation or a reduction in salary, shall be 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 shall not be considered to be involuntarily separated from state employment and shall not be eligible for the severance benefits conferred by the Workforce Transition Act.C\n\nAny employee of the Authority who is a member of any plan 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. Notwithstanding subsection A of § 2.2-2818, the costs of providing health insurance coverage to such employees who elect to continue to be members of the state employees’ health insurance plan shall be paid by the Authority. Alternatively, an employee may elect to become a member of any health insurance plan established by the Authority. The Authority is authorized to: (i) establish a health insurance plan for the benefit of its employees and (ii) enter into agreements with the Department of Human Resource Management providing for the coverage of its employees 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.D\n\nAny retired employee of the Authority shall be eligible to receive the health insurance credit set forth in § 51.1-1400 provided the retired employee meets the eligibility criteria set forth in that section.E\n\nAny Authority employee who is a member of the Virginia Retirement System or other 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 other authorized retirement plan under the same terms and conditions. Alternatively, such employee may elect to become a member of the retirement program established by the Authority for the benefit of its employees pursuant to \u00a7 51.1-126.4. The following rules shall apply:1\n\nThe Authority shall collect and pay all employee and employer contributions to the Virginia Retirement System or other such authorized retirement plan for retirement and group life insurance in accordance with the provisions of Chapter 1 (§ 51.1-124.1 et seq.) of Title 51.1 for any employee who elects to remain a member of the Virginia Retirement System or other such authorized retirement plan.2\n\nEmployees who elect to become members of the alternative retirement plan established by the Authority pursuant to § 51.1-126.4 shall be given full credit for their creditable service as defined in § 51.1-124.3, and vesting and benefit accrual under the retirement plan. 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 authorized pursuant to Article 4 (§ 51.1-125 et seq.) of Chapter 1 of Title 51.1.3\n\nFor employees who elect to become members of the alternative retirement plan established by the Authority, the Virginia Retirement System or other such authorized plan shall transfer to the alternative retirement plan established by the Authority, assets equal to the actuarially determined present value of the accrued basic benefits as of the transfer date. For purposes hereof, the “basic benefits” means the benefits accrued under the Virginia Retirement System or other such authorized retirement plan based on creditable service and average final compensation as defined in § 51.1-124.3. The actuarial present value shall be determined by using the same actuarial factors and assumptions used in determining the funding needs of the Virginia Retirement System or other such authorized retirement plan so that the transfer of assets to the alternative retirement plan established by the Authority will have no effect on the funded status and financial stability of the Virginia Retirement System or other such authorized retirement plan. The Authority shall reimburse the Virginia Retirement System for the cost of actuarial services necessary to determine the present value of the accrued basic benefit of employees who transfer to an Authority retirement plan.4\n\nThe Authority may provide that employees of the Authority who are eligible to participate in the deferred compensation plan sponsored by the Authority shall be enrolled automatically in such plan, unless such employee elects, in a manner prescribed by the Board, not to participate. The amount of the deferral under the automatic enrollment and the group of employees to which the automatic enrollment shall apply shall be set by the Board; provided however, that such employees are provided the opportunity to increase or decrease the amount of the deferral in accordance with the Internal Revenue Code of 1986, as amended.","order_by":null,"text":{"0":{"id":219208,"text":"Employees of the Authority shall be employed on such terms and conditions as established by the Authority. The Board of Commissioners of the Authority shall develop and adopt personnel rules, policies, and procedures to give its employees grievance rights, ensure that employment decisions shall be based upon the merit and fitness of applicants, and prohibit discrimination because 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":219209,"text":"The Authority shall issue a written notice to its employees regarding the Authority’s status. The date upon which such written notice is issued shall be referred to herein as the “option date.” Each employee may, by written request made within 180 days of the option date, elect not to become employed by the Authority. Any employee of the Virginia Port Authority who: (i) elects not to become employed by the Authority and who is not reemployed by any other department, institution, board, commission or agency of the Commonwealth; (ii) is not offered the opportunity to remain employed by the Authority; or (iii) is not offered a position with the Authority for which the employee is qualified or is offered a position that requires relocation or a reduction in salary, shall be 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 shall not be considered to be involuntarily separated from state employment and shall not be eligible for the severance benefits conferred by 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":219210,"text":"Any employee of the Authority who is a member of any plan 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. Notwithstanding subsection A of § 2.2-2818, the costs of providing health insurance coverage to such employees who elect to continue to be members of the state employees’ health insurance plan shall be paid by the Authority. Alternatively, an employee may elect to become a member of any health insurance plan established by the Authority. The Authority is authorized to: (i) establish a health insurance plan for the benefit of its employees and (ii) enter into agreements with the Department of Human Resource Management providing for the coverage of its employees 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":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":219211,"text":"Any retired employee of the Authority shall be eligible to receive the health insurance credit set forth in § 51.1-1400 provided the retired employee meets the eligibility criteria set forth in that section.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":219212,"text":"Any Authority employee who is a member of the Virginia Retirement System or other 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 other authorized retirement plan under the same terms and conditions. Alternatively, such employee may elect to become a member of the retirement program established by the Authority for the benefit of its employees pursuant to \u00a7 51.1-126.4. The following rules shall apply:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"5":{"id":219213,"text":"The Authority shall collect and pay all employee and employer contributions to the Virginia Retirement System or other such authorized retirement plan for retirement and group life insurance in accordance with the provisions of Chapter 1 (§ 51.1-124.1 et seq.) of Title 51.1 for any employee who elects to remain a member of the Virginia Retirement System or other such authorized retirement plan.","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"6":{"id":219214,"text":"Employees who elect to become members of the alternative retirement plan established by the Authority pursuant to § 51.1-126.4 shall be given full credit for their creditable service as defined in § 51.1-124.3, and vesting and benefit accrual under the retirement plan. 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 authorized pursuant to Article 4 (§ 51.1-125 et seq.) of Chapter 1 of Title 51.1.","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"7":{"id":219215,"text":"For employees who elect to become members of the alternative retirement plan established by the Authority, the Virginia Retirement System or other such authorized plan shall transfer to the alternative retirement plan established by the Authority, assets equal to the actuarially determined present value of the accrued basic benefits as of the transfer date. For purposes hereof, the “basic benefits” means the benefits accrued under the Virginia Retirement System or other such authorized retirement plan based on creditable service and average final compensation as defined in § 51.1-124.3. The actuarial present value shall be determined by using the same actuarial factors and assumptions used in determining the funding needs of the Virginia Retirement System or other such authorized retirement plan so that the transfer of assets to the alternative retirement plan established by the Authority will have no effect on the funded status and financial stability of the Virginia Retirement System or other such authorized retirement plan. The Authority shall reimburse the Virginia Retirement System for the cost of actuarial services necessary to determine the present value of the accrued basic benefit of employees who transfer to an Authority retirement plan.","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"8":{"id":219216,"text":"The Authority may provide that employees of the Authority who are eligible to participate in the deferred compensation plan sponsored by the Authority shall be enrolled automatically in such plan, unless such employee elects, in a manner prescribed by the Board, not to participate. The amount of the deferral under the automatic enrollment and the group of employees to which the automatic enrollment shall apply shall be set by the Board; provided however, that such employees are provided the opportunity to increase or decrease the amount of the deferral in accordance with the Internal Revenue Code of 1986, as amended.","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3"}},"ancestry":[{"id":13423,"edition_id":1,"name":"Virginia Port Authority","identifier":"10","label":"chapter","depth":2,"order_by":1,"parent_id":12909,"metadata":{},"date_created":"2026-06-26 03:44:52","date_modified":"2026-06-26 03:44:52","permalink":{"id":268231,"object_type":"structure","relational_id":13423,"identifier":"10","token":"62.1\/10","url":"\/62.1\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12909,"edition_id":1,"name":"Waters of the State, Ports and Harbors","identifier":"62.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":268199,"object_type":"structure","relational_id":12909,"identifier":"62.1","token":"62.1","url":"\/62.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63656,"structure_id":13423,"section_number":"62.1-128","catch_line":"Authority created","url":"\/62.1-128\/","token":"62.1\/10\/62.1-128","metadata":false},{"id":65543,"structure_id":13423,"section_number":"62.1-129","catch_line":"Board of Commissioners; members and officers; Executive Director; agents and employees","url":"\/62.1-129\/","token":"62.1\/10\/62.1-129","metadata":false},{"id":59839,"structure_id":13423,"section_number":"62.1-129.1","catch_line":"Employees; employment; personnel rules; health insurance; retirement plans","url":"\/62.1-129.1\/","token":"62.1\/10\/62.1-129.1","metadata":false},{"id":79408,"structure_id":13423,"section_number":"62.1-129.2","catch_line":"Trust for postemployment benefits authorized; administration","url":"\/62.1-129.2\/","token":"62.1\/10\/62.1-129.2","metadata":false},{"id":83097,"structure_id":13423,"section_number":"62.1-130","catch_line":"Powers and duties of Executive Director","url":"\/62.1-130\/","token":"62.1\/10\/62.1-130","metadata":false},{"id":59763,"structure_id":13423,"section_number":"62.1-131","catch_line":"Office and branch offices; title to property","url":"\/62.1-131\/","token":"62.1\/10\/62.1-131","metadata":false},{"id":66040,"structure_id":13423,"section_number":"62.1-132","catch_line":"Local authorities subordinate to Authority","url":"\/62.1-132\/","token":"62.1\/10\/62.1-132","metadata":false},{"id":72875,"structure_id":13423,"section_number":"62.1-132.1","catch_line":"General powers","url":"\/62.1-132.1\/","token":"62.1\/10\/62.1-132.1","metadata":false},{"id":84095,"structure_id":13423,"section_number":"62.1-132.10","catch_line":"Publications of Authority","url":"\/62.1-132.10\/","token":"62.1\/10\/62.1-132.10","metadata":false},{"id":66130,"structure_id":13423,"section_number":"62.1-132.11","catch_line":"Police powers; 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exemption from taxation","url":"\/62.1-145\/","token":"62.1\/10\/62.1-145","metadata":false},{"id":79491,"structure_id":13423,"section_number":"62.1-146","catch_line":"Bonds as legal investments","url":"\/62.1-146\/","token":"62.1\/10\/62.1-146","metadata":false},{"id":81613,"structure_id":13423,"section_number":"62.1-147","catch_line":"Bonds not debt or pledge of credit of Commonwealth or political subdivision; payment of expenses","url":"\/62.1-147\/","token":"62.1\/10\/62.1-147","metadata":false},{"id":61142,"structure_id":13423,"section_number":"62.1-147.1","catch_line":"Legalization of prior actions","url":"\/62.1-147.1\/","token":"62.1\/10\/62.1-147.1","metadata":false},{"id":78024,"structure_id":13423,"section_number":"62.1-147.1:1","catch_line":"Exemption of Authority from certain technology procedures","url":"\/62.1-147.1_1\/","token":"62.1\/10\/62.1-147.1_1","metadata":false},{"id":58848,"structure_id":13423,"section_number":"62.1-147.2","catch_line":"Chapter liberally construed","url":"\/62.1-147.2\/","token":"62.1\/10\/62.1-147.2","metadata":false}],"previous_section":{"id":65543,"structure_id":13423,"section_number":"62.1-129","catch_line":"Board of Commissioners; members and officers; Executive Director; agents and employees","url":"\/62.1-129\/","token":"62.1\/10\/62.1-129","metadata":false},"next_section":{"id":79408,"structure_id":13423,"section_number":"62.1-129.2","catch_line":"Trust for postemployment benefits authorized; administration","url":"\/62.1-129.2\/","token":"62.1\/10\/62.1-129.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-129.1\/","history_text":"

This law was first created in 1997. The record of its establishment is cataloged in chapter 232<\/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 3 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 2000, chapters 66<\/a> and 657<\/a>; in 2008, chapters 325<\/a> and 621<\/a>; in 2020, chapter 1137<\/a>.<\/p>","references":[{"id":85814,"section_number":"51.1-126.4","catch_line":"Employees of the Virginia Port Authority","order_by":null,"url":"\/51.1-126.4\/"}],"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":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\/"},{"id":85814,"section_number":"51.1-126.4","catch_line":"Employees of the Virginia Port Authority","order_by":null,"url":"\/51.1-126.4\/"},{"id":75331,"section_number":"51.1-1400","catch_line":"Health insurance credits for retired state employees","order_by":null,"url":"\/51.1-1400\/"}],"permalink":{"id":268241,"object_type":"law","relational_id":59839,"identifier":"62.1-129.1","token":"62.1\/10\/62.1-129.1","url":"\/62.1-129.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-129.1\/","token":"62.1\/10\/62.1-129.1","dublin_core":{"Title":"Employees; employment; personnel rules; health insurance; retirement plans","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-129.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Employees of the Authority shall be employed on such terms and conditions as established by the Authority. The Board of Commissioners of the Authority shall develop and adopt personnel rules, policies, and procedures to give its employees grievance rights, ensure that employment decisions shall be based upon the merit and fitness of applicants, and prohibit discrimination because 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 shall issue<\/span> a written notice to its employees regarding the Authority’s status. The date upon which such written notice is issued shall be referred to herein as the “option date.” Each employee may, by written request made within 180 days of the option date, elect not to become employed by the Authority. Any employee of the Virginia Port Authority who: (i) elects not to become employed by the Authority and who is not reemployed by any other department, institution, board, commission or agency of the Commonwealth; (ii) is not offered the opportunity to remain employed by the Authority; or (iii) is not offered a position with the Authority for which the employee is qualified or is offered a position that requires relocation or a reduction in salary, shall be 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 shall not be considered to be involuntarily separated from state employment and shall not be eligible for the severance benefits conferred by the Workforce Transition Act. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any employee of the Authority who is a member of any plan 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. Notwithstanding subsection A of § 2.2-2818<\/a>, the costs of providing health insurance coverage to such employees who elect to continue to be members of the state employees’ health insurance plan shall be paid by the Authority. Alternatively, an employee may elect to become a member of any health insurance plan established by the Authority. The Authority is authorized to: (i) establish a health insurance plan for the benefit of its employees and (ii) enter into agreements with the Department of Human Resource Management providing for the coverage of its employees 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any retired employee of the Authority shall be eligible to receive the health insurance credit set forth in § 51.1-1400<\/a> provided the retired employee meets the eligibility criteria set forth in that section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any Authority employee who is a member of the Virginia Retirement System or other 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 or other authorized retirement plan under the same terms and conditions. Alternatively, such employee may elect to become a member of the retirement program established by the Authority for the benefit of its employees pursuant to \u00a7 51.1-126.4<\/a>. The following rules shall apply: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

2.<\/span> Employees who elect to become members of the alternative retirement plan established by the Authority pursuant to § 51.1-126.4<\/a> shall be given full credit for their creditable service as defined in § 51.1-124.3<\/a>, and vesting and benefit accrual under the retirement plan. 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 authorized pursuant to 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 employees who elect to become members of the alternative retirement plan established by the Authority, the Virginia Retirement System or other such authorized plan shall transfer to the alternative retirement plan established by the Authority, assets<\/span> equal to the actuarially determined present value of the accrued basic benefits<\/span> as of the transfer date. For purposes hereof, the “basic benefits<\/span>” means the benefits accrued under the Virginia Retirement System or other such authorized retirement plan based on creditable service and average final compensation as defined in § 51.1-124.3<\/a>. The actuarial present value shall be determined by using the same actuarial factors and assumptions used in determining the funding needs of the Virginia Retirement System or other such authorized retirement plan so that the transfer of assets<\/span> to the alternative retirement plan established by the Authority will have no effect on the funded status and financial stability of the Virginia Retirement System or other such authorized retirement plan. The Authority shall reimburse the Virginia Retirement System for the cost of actuarial services necessary to determine the present value of the accrued basic benefit of employees who transfer to an Authority retirement plan. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The Authority may provide that employees of the Authority who are eligible to participate in the deferred compensation plan sponsored by the Authority shall be enrolled automatically in such plan, unless such employee elects, in a manner prescribed by the Board, not to participate. The amount of the deferral under the automatic enrollment and the group of employees to which the automatic enrollment shall apply shall be set by the Board; provided however, that such employees are provided the opportunity to increase or decrease the amount of the deferral in accordance with the Internal Revenue Code of 1986, as amended. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEMPLOYEES; EMPLOYMENT; PERSONNEL RULES; HEALTH INSURANCE; RETIREMENT PLANS (\u00a7\n62.1-129.1)\n\nA. Employees of the Authority shall be employed on such terms and conditions as\nestablished by the Authority. The Board of Commissioners of the Authority shall\ndevelop and adopt personnel rules, policies, and procedures to give its\nemployees grievance rights, ensure that employment decisions shall be based upon\nthe merit and fitness of applicants, and prohibit discrimination because of\nrace, religion, color, sex, sexual orientation, gender identity, or national\norigin.\n\nB. The Authority shall issue a written notice to its employees regarding the\nAuthority’s status. The date upon which such written notice is issued\nshall be referred to herein as the “option date.” Each employee may,\nby written request made within 180 days of the option date, elect not to become\nemployed by the Authority. Any employee of the Virginia Port Authority who: (i)\nelects not to become employed by the Authority and who is not reemployed by any\nother department, institution, board, commission or agency of the Commonwealth;\n(ii) is not offered the opportunity to remain employed by the Authority; or\n(iii) is not offered a position with the Authority for which the employee is\nqualified or is offered a position that requires relocation or a reduction in\nsalary, shall be eligible for the severance benefits conferred by the provisions\nof the Workforce Transition Act (§ 2.2-3200 et seq.). Any employee who\naccepts employment with the Authority shall not be considered to be\ninvoluntarily separated from state employment and shall not be eligible for the\nseverance benefits conferred by the Workforce Transition Act.\n\nC. Any employee of the Authority who is a member of any plan providing health\ninsurance coverage pursuant to Chapter 28 (§ 2.2-2800 et seq.) of Title\n2.2, shall continue to be a member of such health insurance plan under the same\nterms and conditions. Notwithstanding subsection A of § 2.2-2818, the costs\nof providing health insurance coverage to such employees who elect to continue\nto be members of the state employees’ health insurance plan shall be paid\nby the Authority. Alternatively, an employee may elect to become a member of any\nhealth insurance plan established by the Authority. The Authority is authorized\nto: (i) establish a health insurance plan for the benefit of its employees and\n(ii) enter into agreements with the Department of Human Resource Management\nproviding for the coverage of its employees under the state employees’\nhealth insurance plan, provided that such agreement requires the Authority to\npay the costs of providing health insurance coverage under such plan.\n\nD. Any retired employee of the Authority shall be eligible to receive the health\ninsurance credit set forth in § 51.1-1400 provided the retired employee\nmeets the eligibility criteria set forth in that section.\n\nE. Any Authority employee who is a member of the Virginia Retirement System or\nother retirement plan as authorized by Article 4 (\u00a7 51.1-125 et seq.) of\nChapter 1 of Title 51.1, shall continue to be a member of the Virginia\nRetirement System or other authorized retirement plan under the same terms and\nconditions. Alternatively, such employee may elect to become a member of the\nretirement program established by the Authority for the benefit of its employees\npursuant to \u00a7 51.1-126.4. The following rules shall apply:\n\n 1. The Authority shall collect and pay all employee and employer contributions\n to the Virginia Retirement System or other such authorized retirement plan for\n retirement and group life insurance in accordance with the provisions of\n Chapter 1 (§ 51.1-124.1 et seq.) of Title 51.1 for any employee who\n elects to remain a member of the Virginia Retirement System or other such\n authorized retirement plan.\n\n 2. Employees who elect to become members of the alternative retirement plan\n established by the Authority pursuant to § 51.1-126.4 shall be given full\n credit for their creditable service as defined in § 51.1-124.3, and\n vesting and benefit accrual under the retirement plan. For any such employee,\n employment with the Authority shall be treated as employment with any\n nonparticipating employer for purposes of the Virginia Retirement System or\n other retirement plan authorized pursuant to Article 4 (§ 51.1-125 et\n seq.) of Chapter 1 of Title 51.1.\n\n 3. For employees who elect to become members of the alternative retirement\n plan established by the Authority, the Virginia Retirement System or other\n such authorized plan shall transfer to the alternative retirement plan\n established by the Authority, assets equal to the actuarially determined\n present value of the accrued basic benefits as of the transfer date. For\n purposes hereof, the “basic benefits” means the benefits accrued\n under the Virginia Retirement System or other such authorized retirement plan\n based on creditable service and average final compensation as defined in\n § 51.1-124.3. The actuarial present value shall be determined by using\n the same actuarial factors and assumptions used in determining the funding\n needs of the Virginia Retirement System or other such authorized retirement\n plan so that the transfer of assets to the alternative retirement plan\n established by the Authority will have no effect on the funded status and\n financial stability of the Virginia Retirement System or other such authorized\n retirement plan. The Authority shall reimburse the Virginia Retirement System\n for the cost of actuarial services necessary to determine the present value of\n the accrued basic benefit of employees who transfer to an Authority retirement\n plan.\n\n 4. The Authority may provide that employees of the Authority who are eligible\n to participate in the deferred compensation plan sponsored by the Authority\n shall be enrolled automatically in such plan, unless such employee elects, in\n a manner prescribed by the Board, not to participate. The amount of the\n deferral under the automatic enrollment and the group of employees to which\n the automatic enrollment shall apply shall be set by the Board; provided\n however, that such employees are provided the opportunity to increase or\n decrease the amount of the deferral in accordance with the Internal Revenue\n Code of 1986, as amended.\n\nHISTORY: 1997, c. 232; 2000, cc. 66, 657; 2008, cc. 325, 621; 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}}