                                 CODE OF VIRGINIA

TRUST FOR POSTEMPLOYMENT BENEFITS AUTHORIZED; ADMINISTRATION (§ 62.1-129.2)

A. The Authority is hereby authorized to establish and maintain a trust or
equivalent arrangement for the purpose of accumulating and investing assets to
fund postemployment benefits other than pensions, as defined herein. Such trust
or equivalent arrangement shall be irrevocable; the assets of such trust or
similar arrangement shall be dedicated to providing benefits to retirees and
their beneficiaries in accordance with the terms of the plan or programs
providing postemployment benefits other than pensions; and the assets of such
trust or equivalent arrangement shall be exempt from taxation and execution,
attachment, garnishment or any other process against the Authority or a retiree
or beneficiary. The funds of the trust or similar arrangement shall be deemed
separate, and independent trust funds shall be segregated from all other funds
of the Authority, and shall be invested and administered solely in the interests
of the active or former employees (and their dependents or beneficiaries)
entitled to postemployment benefits other than pensions covered by the Fund.

B. The Authority may make appropriations to any such trust or equivalent
arrangement, and the Authority may require active and former employees covered
by a postemployment benefit program to contribute to the trust or equivalent
arrangement through payments or deductions from their wages, salaries, or
pensions.

C. Nothing in this section shall be construed to inhibit the Authority&#8217;s
right to revise or discontinue its plans or programs providing such
postemployment benefits other than pensions for its active and former officers
and employees as it may deem necessary. If all plans or programs providing such
postemployment benefits other than pensions for which the trust or equivalent
arrangement is established are repealed or terminated by the Authority, then
there shall be no continuing responsibility for the Authority to continue to
make appropriations to such trust or equivalent arrangement, and the assets of
such trust or equivalent arrangement shall be used to provide any benefits
continuing to be due to active or former employees (and their dependents or
beneficiaries) under such plans or programs. If there are no active or former
employees (or dependents or beneficiaries) due a benefit under any plan or
program providing such postemployment benefits other than pensions for which the
trust or equivalent arrangement was established, then any remaining assets may
revert to the Authority.

D. Postemployment benefits other than pensions shall be defined by the Authority
pursuant to applicable accounting standards and law. Such benefits may include,
but are not limited to, medical, prescription drug, dental, vision, hearing,
life or accident insurance (not provided through a pension plan), long-term care
benefits, long-term disability benefits (not covered under a pension plan)
provided to individuals who have terminated their service and to the dependents
of such individuals, and may be provided by purchasing insurance, by a program
of self-insurance, or by a combination of both. However, postemployment benefits
other than pensions shall not include defined benefit pension plans for retirees
and eligible dependents of retirees, termination benefits or other pension
benefits. Such postemployment benefits other than pensions may be provided to
the officers and employees or to their dependents, estates, or designated
beneficiaries. Any benefits arising from any postemployment benefits other than
pension programs shall be clearly defined and strictly construed.

E. Notwithstanding any other provision of law, the moneys and other property
comprising the trust or equivalent arrangement established hereunder and the
moneys or other properties comprising the retirement program established
pursuant to &#xA7; 51.1-126.4 shall be invested, reinvested and managed by the
Authority or the trust company or bank having powers of a trust company within
or without the Commonwealth who is selected by the Board to act as a trustee for
the fund, with the care, skill, prudence and diligence under the circumstances
then prevailing that a prudent person acting in a like capacity and familiar
with such matters would use in the conduct of an enterprise of like character
and with the same aims. Such investments shall be diversified so as to minimize
the risk of large losses unless under the circumstances it is clearly prudent
not to do so. Such investments shall not be limited by Chapter 45 (&#xA7;
2.2-4500 et seq.) of Title 2.2.

HISTORY: 2008, cc. 597, 622.