                                 CODE OF VIRGINIA

COVERED INSTITUTIONS; OPERATIONAL AUTHORITY; HUMAN RESOURCES; ELECTION BY
CERTAIN COVERED EMPLOYEES (§ 23.1-1022)

A. If the governing board of a covered institution establishes a human resources
program or programs pursuant to &#xA7; 23.1-1021, a salaried nonfaculty covered
employee who was employed by the covered institution on the day prior to the
effective date of the initial management agreement, except employees of the
University of Virginia Medical Center, may elect within a prescribed period of
the establishment of the human resources program to participate in and be
governed by either (i) the state human resources program set forth in Chapters
28 (&#xA7; 2.2-2800 et seq.) and 29 (&#xA7; 2.2-2900 et seq.) of Title 2.2 or
(ii) the human resources program or programs established by the governing board
of the covered institution pursuant to &#xA7; 23.1-1021. If the salaried
nonfaculty covered employee does not make an election within such prescribed
period, he shall be deemed to have elected to participate in and be governed by
the state human resources program. Elections to participate in the human
resources program established by the covered institution are irrevocable. At
least once every two years, each covered institution that establishes a human
resources program pursuant to &#xA7; 23.1-1021 shall provide salaried nonfaculty
employees who elected to participate and be governed by the state human
resources program with (a) a comparison of the state program and the
institution&#8217;s program, including an assessment of compensation and
benefits, and (b) an opportunity to participate in and be governed by the
institution&#8217;s human resources program.

B. A salaried nonfaculty covered employee who elects to participate in and be
governed by the state human resources program set forth in Chapters 28 (&#xA7;
2.2-2800 et seq.) and 29 (&#xA7; 2.2-2900 et seq.) of Title 2.2 shall continue
to be governed by all state human resources and benefit plans, programs,
policies, and procedures that apply to and govern state employees.

C. A salaried nonfaculty covered employee who elects to participate in and be
governed by the human resources program or programs established by the governing
board of the covered institution pursuant to &#xA7; 23.1-1021 shall be deemed to
have elected to be eligible to participate in and be governed by the human
resources plans, programs, policies, and procedures adopted by the covered
institution for his employment classification pursuant to &#xA7;&#xA7;
23.1-1024, 23.1-1025, and 23.1-1026.

HISTORY: 2005, cc. 933, 945, § 23-38.115; 2016, c. 588.