Authority: Discretionary Inclusion.

A. Transfers from this item may be made to supplement general fund appropriations to state agencies for:

1. Adjusting base rates of pay;

2. Adjusting rates of pay for budgeted overtime of salaried employees;

3. Salary increases for positions with salaries listed elsewhere in this act;

4. Salary increases for locally elected constitutional officers and their employees;

5. Employer costs of employee benefit programs when required by salary-based pay adjustments; and

6. Salary increases for local employees supported by the Commonwealth, other than those funded through appropriations to the Department of Education.

This appropriation provides for the compensation adjustments described in Paragraphs C. through G., of this Item, subject to conditions stated in this Item.

B. Transfers from this Item may be made when appropriations to the state agencies concerned are insufficient for the purposes stated in Paragraph A. of this Item, as determined by the Department of Planning and Budget and subject to guidelines prescribed by the department. Further, the Department of Planning and Budget may transfer appropriations within this Item from the second year of the biennium to the first year, when necessary to accomplish the purposes stated in Paragraph A. of this Item.

C. The base salary of listed employees, as set out in subparagraphs 1 through 4 of this Paragraph, shall be increased by 2.25 percent on November 25, 1998 and those listed in subparagraph 5 of this Paragraph shall increase by 2.25 percent on December 1, 1998.

Transfers from this Item shall be used to effect this increase and related increases in employee benefits for:

1. Executive Department

a. Full-time employees of the Executive Department subject to the Virginia Personnel Act;

b. Full-time employees of the Executive Department not subject to the Virginia Personnel Act, except faculty at the institutions of higher education and officials elected by popular vote;

c. Any official whose salary is listed in §4-6.01 of this act;

d. Full-time professional staff of the Governor's Office, the Lieutenant Governor's Office, the Attorney General's Office, Cabinet Secretaries' Offices, including the Deputy Secretaries, the Virginia Liaison Office, and the Secretary of the Commonwealth's Office;

2. Legislative Department

a. Heads of agencies in the Legislative Department;

b. Full-time employees in the Legislative Department, other than officials elected by popular vote;

c. Secretaries and administrative assistants as provided for in Item 1, of this act;

3. Judicial Department

a. Judges and Justices in the Judicial Department;

b. Heads of agencies in the Judicial Department;

c. Full-time employees in the Judicial Department;

4. Independent Agencies

a. Commissioners of the State Corporation Commission and the Virginia Workers' Compensation Commission, the Director of the State Lottery Department, and the Director of the Virginia Retirement System;

b. Full-time employees of the State Lottery Department, the State Corporation Commission, the Virginia Workers' Compensation Commission, and the Virginia Retirement System;

5. State-supported Local Employees

a. Locally elected constitutional officers;

b. Full-time employees of locally elected constitutional officers;

c. Members of local electoral boards;

d. Full-time employees of Community Services Boards, Centers for Independent Living, Juvenile Block Grant employees, Juvenile Delinquency prevention and local court service unit positions, and locally administered, independently operated local health departments contracting with the Virginia Department of Health.

6. Employees in the Executive Department subject to the Virginia Personnel Act shall receive the salary increases authorized in this paragraph only if they attained at least a "meets expectations" on their latest performance evaluation.

D. The base salary of listed employees, as set out in subparagraphs 1 through 4 of this Paragraph, shall be increased by 2.25 percent on November 25, 1999, and those listed in subparagraph 5 of this paragraph shall be increased by 2.25 percent on December 1, 1999. Transfers from this Item shall be used to effect this increase and related increases in employee benefits for:

1. Executive Department

a. Full-time employees of the Executive Department subject to the Virginia Personnel Act;

b. Full-time employees of the Executive Department not subject to the Virginia Personnel Act, except faculty at the institutions of higher education and officials elected by popular vote;

c. Any official whose salary is listed in §4-6.01 of this act;

d. Full-time professional staff of the Governor's Office, the Lieutenant Governor's Office, the Attorney General's Office, Cabinet Secretaries' Offices, including the Deputy Secretaries, the Virginia Liaison Office and the Secretary of the Commonwealth's Office;

2. Legislative Department

a. Heads of agencies in the Legislative Department;

b. Full-time employees in the Legislative Department, other than officials elected by popular vote;

c. Secretaries and administrative assistants as provided for in Item 1, of this act;

3. Judicial Department

a. Judges and Justices in the Judicial Department;

b. Heads of agencies in the Judicial Department;

c. Full-time employees in the Judicial Department;

4. Independent Agencies

a. Commissioners of the State Corporation Commission and the Virginia Workers' Compensation Commission, the Director of the State Lottery Department, and the Director of the Virginia Retirement System;

b. Full-time employees of the State Lottery Department, the State Corporation Commission, the Virginia Workers' Compensation Commission, and the Virginia Retirement System;

5. State-supported Local Employees

a. Locally elected constitutional officers;

b. Full-time employees of locally elected constitutional officers;

c. General Registrars and members of local electoral boards;

d. Full-time employees of Community Services Boards, Centers for Independent Living, Juvenile Block Grant employees, Juvenile Delinquency prevention and local court service unit positions, and locally administered, independently operated local health departments contracting with the Virginia Department of Health.

6. Employees in the Executive Department subject to the Virginia Personnel Act shall receive the salary increases authorized in this paragraph only if they attained at least a "meets expectations" on their latest performance evaluation.

E. 1. In addition to the base salary increases provided for in Paragraphs C. and D. of this Item, transfers from this Item shall be used to effect performance-based salary awards, not included in the base salary, and related employee benefits on December 16, 1998, and December 16, 1999, for full-time employees in the Executive Department subject to the Virginia Personnel Act and to employees set out in subparagraph 3 of this Paragraph.

2. The awards to the full-time employees in the Executive Department subject to the Virginia Personnel Act shall be made based upon rules and regulations developed by the Department of Personnel and Training in conjunction with the Department of Planning and Budget. The performance-based awards shall be granted on the following basis:

Performance evaluation of "exceptional": 4.0 percent of salary

Performance evaluation of "Exceeds Expectations": 2.0 percent of salary

3. Performance-based salary awards for any official whose salary is listed in Section 4-6.01 of this act; Executive Department employees not subject to the Virginia Personnel Act, except faculty at the institutions of higher education and officials elected by popular vote; and full-time employees and heads of agencies in the Legislative and Judicial Departments and independent agencies shall be consistent with the provisions of this paragraph, as determined by the appointing or governing authority. The appointing or governing authority shall certify that employees receiving the awards are performing at levels at least comparable to the eligible employees set out in subparagraph 2 of this paragraph.

F. Institutions of higher education shall utilize funds provided in their appropriations for faculty salary increases based on merit.

G. The Department of Personnel and Training may approve pilot compensation programs within agencies. Such pilot programs shall be funded from existing agency appropriations or from funds provided for increases specified in Paragraphs C., D., or E. of this Item, or a combination of these sources. The Secretary of Administration shall approve any change in compensation plans based on pilot programs, prior to their implementation.

H.1. The heads of agencies in the Legislative and Judicial Departments, the Commissioners of the State Corporation Commission and the Virginia Workers' Compensation Commission, and the Attorney General may, at their discretion, utilize the funds provided pursuant to Paragraphs C., D., E., and J., of this Item, to implement the provisions of existing pay plans.

2. The Director of the Virginia Retirement System may, at his discretion, utilize the funds provided pursuant to Paragraphs C., D., E., and J., of this Item, to implement the provisions of existing pay plans.

3. The Director of the State Lottery Department may, at his discretion, utilize the funds provided pursuant to Paragraphs C., D., E., and J. of this Item to implement the provisions of the agency's existing pay plan.

4. The Director of the University of Virginia Medical Center may, at his discretion, utilize the funds provided pursuant to Paragraphs C., D., E., and J., of this Item, to implement the provisions of existing pay plans.

5. The Executive Director of the Virginia Port Authority may, at his discretion, utilize the funds provided pursuant to Paragraphs C., D., E., and J. of this Item to implement the provisions of existing pay plans for marketing personnel.

I. The base rates of pay, and related employee benefits, for wage employees shall be increased as provided for in Paragraphs C. and D. of this Item. The cost of such increases for wage employees shall be borne by funds appropriated to each agency.

J.1. Except as provided for in subparagraph 3 of this Paragraph, agencies supported in whole or in part by nongeneral funds shall pay the proportionate share of costs, from nongeneral fund revenues, of wages, salaries, and employee benefits as stated in this Item, subject to rules and regulations prescribed by the appointing or governing authority.

2. Such nongeneral fund revenues and balances are hereby appropriated for this purpose, including those nongeneral fund revenues available to the institutions of higher education subject to the provisions of § 4-2.01.b., of this act.

3. Costs associated with the increases authorized in Paragraphs C., D., and E. of this Item, for employees of Educational and General Programs at the institutions of higher education shall be borne by the general fund.

K. State employees will receive a paycheck on July 3, 2000, for the work period June 10 to June 24, 2000.