                                 CODE OF VIRGINIA

RISK MANAGEMENT PLANS ADMINISTERED BY THE DEPARTMENT OF THE TREASURY&#8217;S
RISK MANAGEMENT DIVISION FOR POLITICAL SUBDIVISIONS, CONSTITUTIONAL OFFICERS,
ETC (§ 2.2-1839)

A. The Division shall establish one or more risk management plans specifying the
terms and conditions for coverage, subject to the approval of the Governor, and
which plans may be purchased insurance, self-insurance or a combination of
self-insurance and purchased insurance to provide protection against liability
imposed by law for damages and against incidental medical payments resulting
from any claim made against any county, city or town; authority, board, or
commission; sanitation, soil and water, planning or other district; public
service corporation owned, operated or controlled by a locality or local
government authority; constitutional officer; state court-appointed attorney;
any attorney for any claim arising out of the provision of pro bono legal
services for custody and visitation to an eligible indigent person under a
program approved by the Supreme Court of Virginia or the Virginia State Bar; any
receiver for an attorney&#8217;s practice appointed under &#xA7; 54.1-3900.01 or
54.1-3936; any attorney authorized by the Virginia State Bar for any claim
arising out of the provision of pro bono legal services in a Virginia State Bar
approved program; affiliate or foundation of a state department, agency or
institution; any clinic that is organized in whole or primarily for the delivery
of health care services without charge; volunteer drivers for any nonprofit
organization providing transportation for persons who are elderly, disabled, or
indigent to medical treatment and services, provided the volunteer driver has
successfully completed training approved by the Division; any local chapter or
program of the Meals on Wheels Association of America or any area agency on
aging, providing meal and nutritional services to persons who are elderly,
homebound, or disabled, and volunteer drivers for such entities who have
successfully completed training approved by the Division; any individual serving
as a guardian or limited guardian as defined in &#xA7; 64.2-2000 for any
individual receiving services from a community services board or behavioral
health authority or from a state facility operated by the Department of
Behavioral Health and Developmental Services; for nontransportation-related
state construction contracts less than $500,000, where the bid bond requirements
are waived, prospective contractors shall be prequalified for each individual
project in accordance with &#xA7; 2.2-4317; or the officers, agents or employees
of any of the foregoing for acts or omissions of any nature while in an
authorized governmental or proprietary capacity and in the course and scope of
employment or authorization.
			For the purposes of this section, &#8220;delivery of health care services
without charge&#8221; shall be deemed to include the delivery of dental, medical
or other health services when a reasonable minimum fee is charged to cover
administrative costs.
			For purposes of this section, a sheriff or deputy sheriff shall be considered
to be acting in the scope of employment or authorization when performing any
law-enforcement-related services authorized by the sheriff, and coverage for
such service by the Division shall not be subject to any prior notification to
or authorization by the Division.

B. In any case in which the coverage provided by one or more risk management
plans established pursuant to this section applies, no sheriff or deputy shall
be liable for any verdict or civil judgment in his individual capacity in excess
of the approved maximum coverage amount as established by the Division and set
forth in the respective coverage plans, which shall be at least $1.5 million for
sheriffs and deputies. If a jury returns an award in excess of $1.5 million, the
judge shall reduce the award and enter judgment against the sheriff or deputy
for such damages in the amount of $1.5 million, provided that this shall not
affect the ability of a court to order a remittitur. Nothing in this subsection
shall be construed to limit the ability of a plaintiff to pursue the full amount
of any judgment against a sheriff or deputy from any available insurance
coverage. To the extent that any such award exceeds the coverage available under
such risk management plans, the sheriff and any deputy shall be considered
immune defendants under subsection F of &#xA7; 38.2-2206. Automobile insurance
carried by a sheriff or deputy in his personal capacity shall not be available
to satisfy any verdict or civil judgment under the circumstances in which
coverage is provided by one or more risk management plans.

C. Participation in the risk management plan shall be voluntary and shall be
approved by the participant&#8217;s respective governing body or by the State
Compensation Board in the case of constitutional officers; by the office of the
Executive Secretary of the Virginia Supreme Court in the case of state
court-appointed attorneys, including attorneys appointed to serve as receivers
under &#xA7; 54.1-3900.01 or 54.1-3936, or attorneys under Virginia Supreme
Court approved programs; by the Virginia State Bar in the case of attorneys
providing pro bono services under Virginia State Bar approved programs; by the
Commissioner of the Department of Behavioral Health and Developmental Services
for any individual serving as a guardian or limited guardian for any individual
receiving services from a state facility operated by the Department or by the
executive director of a community services board or behavioral health authority
for any individual serving as a guardian or limited guardian for any individual
receiving services from the board or authority; and by the Division. Upon such
approval, the Division shall assume sole responsibility for plan management,
compliance, or removal. The Virginia Supreme Court shall pay the cost for
coverage of eligible persons performing services in approved programs of the
Virginia Supreme Court. The Virginia State Bar shall pay the cost for coverage
of eligible attorneys providing pro bono services in Virginia State Bar approved
programs. The Department of Behavioral Health and Developmental Services shall
be responsible for paying the cost of coverage for eligible persons performing
services as a guardian or limited guardian for any individual receiving services
from a state facility operated by the Department. The applicable community
services board or behavioral health authority shall be responsible for paying
the cost of coverage for eligible persons performing services as a guardian or
limited guardian for individuals receiving services from the board or authority.

D. The Division shall provide for the legal defense of participating entities
and shall reserve the right to settle or defend claims presented under the plan.
All prejudgment settlements shall be approved in advance by the Division.

E. The risk management plan established pursuant to this section shall provide
for the establishment of a trust fund for the payment of claims covered under
such plan. The funds shall be invested in the manner provided in &#xA7; 2.2-1806
and interest shall be added to the fund as earned.
			The trust fund shall also provide for payment of legal defense costs,
actuarial costs, administrative costs, contractual costs and all other expenses
related to the administration of such plan.

F. The Division shall, in its sole discretion, set the premium and
administrative cost to be paid to it for providing a risk management plan
established pursuant to this section. The premiums and administrative costs set
by the Division shall be payable in the amounts at the time and in the manner
that the Division in its sole discretion shall require. The premiums and
administrative costs need not be uniform among participants, but shall be set so
as to best ensure the financial stability of the plan.

G. Notwithstanding any provision to the contrary, a sheriff&#8217;s department
of any city or county, or a regional jail shall not be precluded from securing
excess liability insurance coverage beyond the coverage provided by the Division
pursuant to this section.

HISTORY: 1986, c. 82, § 2.1-526.8:1; 1988, c. 848; 1995, c. 30; 2000, cc. 618,
632, § 2.1-191.12; 2001, c. 844; 2003, cc. 23, 49; 2004, cc. 121, 529; 2005,
cc. 184, 212; 2006, c. 713; 2007, c. 773; 2009, cc. 265, 568, 813, 840; 2011, c.
789; 2012, cc. 476, 507; 2013, c. 555; 2014, cc. 35, 708.