                                 CODE OF VIRGINIA

EMPLOYEES OF THE AUTHORITY (§ 4.1-101.05)

A. Employees of the Authority shall be considered employees of the Commonwealth.
Employees of the Authority shall be eligible for membership in 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 and participation in all health and
related insurance and other benefits, including premium conversion and flexible
benefits, available to state employees as provided by law. Employees of the
Authority shall be employed on such terms and conditions as established by the
Board. The Board shall develop and adopt policies and procedures that afford its
employees grievance rights, ensure that employment decisions shall be based upon
the merit and fitness of applicants, and prohibit discrimination because of
race, color, religion, national origin, sex, pregnancy, childbirth or related
medical conditions, age, marital status, sexual orientation, gender identity, or
disability. Notwithstanding any other provision of law, the Board shall develop,
implement, and administer a paid leave program, which may include annual,
personal, and sick leave or any combination thereof. All other leave benefits
shall be administered in accordance with Chapter 11 (&#xA7; 51.1-1100 et seq.)
of Title 51.1, except as otherwise provided in this section.

B. Notwithstanding any other provision of law, the Authority shall give
preference in hiring to special agents and employees of the Department of
Alcoholic Beverage Control. The Authority shall issue a written notice to all
persons whose employment at the Department of Alcoholic Beverage Control will be
transferred to the Authority. The date upon which such written notice is issued
shall be referred to herein as the &#8220;Option Date.&#8221; In order to
facilitate an orderly and efficient transition and ensure the continuation of
operations during the transition from the Department of Alcoholic Beverage
Control (the Department) to the Authority, the Authority shall have discretion,
subject to the time limitations contained herein, to determine the date upon
which any employee&#8217;s employment with the Department will end or be
transferred to the Authority. This date shall be stated in the written notice
and shall be referred to herein as the &#8220;Transition Date.&#8221; No
Transition Date shall occur prior to July 1, 2018, without the mutual agreement
of the employee and the Authority. No Transition Date shall be set beyond
December 31, 2018. Each person whose employment will be 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 the Department of
Alcoholic Beverage Control who (i) is not offered the opportunity to transfer to
employment by the Authority or (ii) 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 (&#xA7; 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 provisions of the Workforce
Transition Act. Any eligibility for such severance benefits shall be contingent
on the continued employment through an employee&#8217;s Transition Date.

C. Notwithstanding any other provision of law to the contrary, any person whose
employment is transferred to the Authority as a result of this section 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 as if no
transfer had occurred.

D. Notwithstanding any other provision of law to the contrary, any person whose
employment is transferred to the Authority as a result of this section and who
is a member 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
shall continue to be a member of the Virginia Retirement System or other such
authorized retirement plan under the same terms and conditions as if no transfer
had occurred.

E. Notwithstanding any other provision of law, any person whose employment is
transferred to the Authority as a result of this section and who was subjected
to a criminal history background check as a condition of employment with the
Department of Alcoholic Beverage Control shall not be subject to the
requirements of &#xA7; 4.1-103.1, unless the Authority deems otherwise.

HISTORY: 2015, cc. 38, 730; 2017, cc. 698, 707, 742; 2020, c. 1137.