                                 CODE OF VIRGINIA

EMPLOYEES OF THE AUTHORITY (§ 23.1-2415)

A. Employees of the Authority shall be employed on such terms and conditions as
established by the Authority. The board shall develop and adopt policies and
procedures that afford its employees grievance rights, ensure that employment
decisions are based upon the merit and fitness of applicants, and prohibit
discrimination on the basis of race, religion, color, sex, sexual orientation,
gender identity, or national origin.

B. The Authority shall issue a written notice to all individuals whose
employment is transferred to the Authority. The date upon which such written
notice is issued is referred to in this section as the &#8220;Option
Date.&#8221; Each individual whose employment is transferred to the Authority
may, by written request made within 180 days of the Option Date, elect not to
become employed by the Authority. Any employee of MCV Hospitals who (i) elects
not to become employed by the Authority; (ii) is not reemployed by any
department, institution, board, commission, or agency of the Commonwealth; (iii)
is not offered alternative employment by the Authority; (iv) is not offered a
position with the Authority for which the employee is qualified; or (v) is
offered a position by the Authority that requires relocation or a reduction in
salary is eligible for the severance benefits conferred by the provisions of the
Workforce Transition Act (&#xA7; 2.2-3200 et seq.). Any employee who accepts
employment with the Authority has voluntarily separated from state employment
and is not eligible for the severance benefits conferred by the provisions of
the Workforce Transition Act.

C. Without limiting its power generally with respect to employees, the Authority
may employ any University employee utilized in the operation of the hospital
facilities and assume obligations under any employment agreement for such
employee, and the University may assign any such contract to the Authority.

D. The Authority and the University may enter into agreements providing for the
purchase of services of University employees utilized in the operation of the
hospital facilities by paying agreed-upon amounts to cover all or part of the
salaries and other costs of such employees.

E. Notwithstanding any other provision of law to the contrary, any employee
whose employment is transferred to the Authority as a result of this chapter and
who is a member of any plan for providing health insurance coverage pursuant to
Chapter 28 (&#xA7; 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 of such plan.

F. Notwithstanding subsection A of &#xA7; 2.2-2818, the costs of providing
health insurance coverage to employees who elect to continue to be members of
the state employees&#8217; health insurance plan shall be paid by the Authority.

G. Any employee of the Authority may elect to become a member of any health
insurance plan established by the Authority. The Authority may (i) establish a
health insurance plan for the benefit of its employees, residents, and interns
and (ii) enter into an agreement with the Department of Human Resource
Management providing for the coverage of its employees, interns, and residents
under the state employees&#8217; health insurance plan, provided that such
agreement requires the Authority to pay the costs of providing health insurance
coverage under such plan.

H. Notwithstanding any other provision of law to the contrary, any employee
whose employment is transferred to the Authority as a result of this chapter and
who is a member of the Virginia Retirement System or another retirement plan as
authorized by Article 4 (§ 51.1-125 et seq.) of Chapter 1 of Title 51.1 shall
continue to be a member of the Virginia Retirement System or such other
authorized retirement plan under the same terms and conditions of such plan. Any
such employee and any employee employed by the Authority between July 1, 1997,
and June 30, 1998, who elected to be covered by the Virginia Retirement System
may elect, during an open enrollment period from April 1, 2001, through April
30, 2001, to become a member of the retirement plan established by the Authority
for the benefit of its employees pursuant to § 23.1-2416 by transferring assets
equal to the actuarially determined present value of the accrued basic benefit
as of the transfer date. The Authority shall reimburse the Virginia Retirement
System for the actual cost of actuarial services necessary to determine the
present value of the accrued basic benefit of employees who elect to transfer to
the Authority&#8217;s retirement plan. The following rules shall apply to such
transfers:

   1. With respect to any transferred employee who elects to remain a member of
   the Virginia Retirement System or another authorized retirement plan, the
   Authority shall collect and pay all employee and employer contributions to the
   Virginia Retirement System or such other authorized retirement plan for
   retirement in accordance with the provisions of Chapter 1 (&#xA7; 51.1-124.1
   et seq.) of Title 51.1 for such transferred employees.

   2. Transferred employees who elect to become members of the retirement plan
   established by the Authority for the benefit of its employees shall be given
   full credit for their creditable service as defined in &#xA7; 51.1-124.3,
   vesting and benefit accrual under the retirement plan established by the
   Authority. 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 as authorized by Article 4
   (&#xA7; 51.1-125 et seq.) of Chapter 1 of Title 51.1.

   3. For transferred employees who elect to become members of the retirement
   plan established by the Authority, the Virginia Retirement System or other
   such authorized plan shall transfer to the retirement plan established by the
   Authority assets equal to the actuarially determined present value of the
   accrued basic benefit as of the transfer date. For the purposes of such
   calculation, the basic benefit is the benefit accrued under the Virginia
   Retirement System or another authorized retirement plan based on creditable
   service and average final compensation as defined in &#xA7; 51.1-124.3 and
   determined as of the transfer date. The actuarial present value shall be
   determined on the same basis, using the same actuarial factors and assumptions
   used in determining the funding needs of the Virginia Retirement System or
   such other authorized retirement plan so that the transfer of assets to the
   retirement plan established by the Authority has no effect on the funded
   status and financial stability of the Virginia Retirement System or other such
   authorized retirement plan.

HISTORY: 1996, cc. 905, 1046, § 23-50.16:24; 1998, c. 449; 2000, cc. 66, 657;
2012, cc. 803, 835; 2016, c. 588; 2017, c. 314; 2020, c. 1137.