                                 CODE OF VIRGINIA

COSTS ASSOCIATED WITH THIS CHAPTER; PAYMENT (§ 2.2-3205)

A. The terminating agency shall pay all costs associated with the provisions of
this chapter within the twelve months following the date of an employee&#8217;s
involuntary separation, or within such shorter period as may be required. The
costs shall be paid first from appropriations available to the terminating
agency. If such sums are insufficient, then, if the agency&#8217;s governing
authority certifies that the agency is unable to pay the costs when due from
appropriations available to the terminating agency without affecting the
agency&#8217;s ability to deliver essential services, aid to localities, or aid
to individuals, the State Treasurer shall make a treasury loan to the agency to
be used to finance the unsatisfied balance of the agency&#8217;s obligations.

B. As used in this section, the &#8220;governing authority&#8221; shall mean (i)
for an agency in the executive branch, the Governor or his designee; (ii) for an
agency in the judicial branch, the Supreme Court of Virginia; (iii) and for an
agency in the legislative branch or an independent agency, the appropriate
collegial body.

C. Any treasury loan made pursuant to subsection A shall be repaid by the agency
in the following order: (i) first, from unexpended fund balances available to
the agency; (ii) next, from the unexpended year-end balances, less mandated uses
as set out in the appropriation act, of all other state agencies and
institutions in the terminating agency&#8217;s branch of government (i.e.,
judicial, legislative, or executive); and (iii) finally, from such
appropriations as the General Assembly may provide for such purpose. In
budgeting for the payment of these costs, the general fund shall bear its actual
share of such costs.

HISTORY: 1995, cc. 152, 811, § 2.1-116.25; 2001, c. 844.