2.2-3203 - Transitional severance benefit conferred.
§ 2.2-3203. Transitional severance benefit conferred.
A. On his date of involuntary separation, an eligible employee with (i) twoyears' service or less to the Commonwealth shall be entitled to receive atransitional severance benefit equivalent to four weeks of salary; (ii) threeyears through and including nine years of consecutive service to theCommonwealth shall be entitled to receive a transitional severance benefitequivalent to four weeks of salary plus one additional week of salary forevery year of service over two years; (iii) ten years through and includingfourteen years of consecutive service to the Commonwealth shall be entitledto receive a transitional severance benefit equivalent to twelve weeks ofsalary plus two additional weeks of salary for every year of service overnine years; or (iv) fifteen years or more of consecutive service to theCommonwealth shall be entitled to receive a transitional severance benefitequivalent to two weeks of salary for every year of service, not to exceedthirty-six weeks of salary.
B. Transitional severance benefits shall be computed by the terminatingagency's payroll department. Partial years of service shall be rounded up tothe next highest year of service.
C. Transitional severance benefits shall be paid in the same manner as normalsalary. In accordance with § 60.2-229, transitional severance benefits shallbe allocated to the date of involuntary separation. The right of any employeewho receives a transitional severance benefit to also receive unemploymentcompensation pursuant to § 60.2-100 et seq. shall not be denied, abridged, ormodified in any way due to receipt of the transitional severance benefit;however, any employee who is entitled to unemployment compensation shall havehis transitional severance benefit reduced by the amount of such unemploymentcompensation. Any offset to a terminated employee's transitional severancebenefit due to reductions for unemployment compensation shall be paid in onelump sum at the time the last transitional severance benefit payment is made.
D. For twelve months after the employee's date of involuntary separation, theemployee shall continue to be covered under the (i) health insurance plancreated in § 2.2-2818 for the Commonwealth's employees, if he participated insuch plan prior to his date of involuntary separation, and (ii) group lifeinsurance plan administered by the Virginia Retirement System pursuant toChapter 5 (§ 51.1-500 et seq.) of Title 51.1. During such twelve months, theterminating agency shall continue to pay its share of the terminatedemployee's premiums. Upon expiration of such twelve month period, theterminated employee shall be eligible to purchase continuing health insurancecoverage under COBRA.
E. Transitional severance benefit payments shall cease if a terminatedemployee is reemployed or hired in an individual capacity as an independentcontractor or consultant by any agency or institution of the Commonwealthduring the time he is receiving such payments.
F. All transitional severance benefits payable pursuant to this section shallbe subject to applicable federal laws and regulations.
(1995, cc. 152, 811, § 2.1-116.23; 2001, c. 844.)