                                 CODE OF VIRGINIA

BENEFITS UPON CALL TO ACTIVE DUTY UNDER A STATE OF EMERGENCY; HEALTH CARE
PREMIUMS (§ 44-102.1:1)

A. As used in this section:
			&#8220;Department&#8221; means the Department of Military Affairs.
			&#8220;Service member&#8221; means a member of the Virginia National Guard or
the Virginia Defense Force.
			&#8220;State of emergency&#8221; has the same meaning as provided in &#xA7;
44-146.16.

B. If the Governor has declared a state of emergency that activated the Virginia
National Guard or the Virginia Defense Force, then the Department is authorized
to pay, for any service member who has served under such activation for a period
of at least 14 consecutive days, the portion of the premium for such service
member&#8217;s health care coverage previously paid by the service
member&#8217;s employer, provided that the service member provides satisfactory
evidence to the Department demonstrating that (i) immediately prior to being
called to state active duty, the service member was employed and received health
care coverage through his employer, (ii) the employer paid a premium to maintain
the service member&#8217;s health care coverage, and (iii) as a result of the
service member&#8217;s state active duty status, the employer is no longer
paying such premium.

C. Any payment made by the Department pursuant to this section shall cover only
the portion of the premium previously paid by the service member&#8217;s
employer from day 15 of the service member&#8217;s state active duty until the
date the service member is discharged from state active duty. Such payments may
also cover dependents of the service member.

D. The Department may use the sum sufficient identified in the relevant state of
emergency declaration for any payment authorized by this section.

E. The Department shall establish policies, procedures, and protocols to
implement and record any payment authorized by this section.

F. On or before November 1, 2022, and annually thereafter, the Department shall
report to the Secretary of Veterans and Defense Affairs all payments made
pursuant to this section.

G. Nothing in this section shall create a legal cause of action against the
Commonwealth or the Department.

H. The Adjutant General may maintain state active-duty status for any service
member injured while in the line of duty during the course of a state
active-duty mission who is unable, due to his injury, to return to civilian
employment. Such authorization shall be limited to 90 days after the date of the
service member&#8217;s injury. The Adjutant General shall limit pay and
allowances to the service member to the lesser of either the amount that the
service member received from his civilian employment prior to his mobilization
or the amount of federal active duty pay and allowances for that service
member&#8217;s rank and years of service.

HISTORY: 2022, cc. 372, 373; 2024, c. 226.