Modernization of Positions and Employment Section (language only)

Item 4-6.01 #2s

Language
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Page 454, following line 15, insert:
"§ 4-6.00 POSITIONS AND EMPLOYMENT
§ 4-6.01 EMPLOYEE SALARIES AND WAGES
a. Executive Branch Employees:
1. Classified Compensation Plan:  
a. The compensation of classified employees in the Executive Branch shall be governed by the Classified Compensation Plan authorized by §4-7.02 of Chapter 1073, 2000 Acts of Assembly, including applicable geographic and shift differentials.  This plan shall be administered by the Department of Human Resource Management.
1. Except as otherwise provided for in this subdivision, any increases in the salary band assignment of any job role contained in the Classified Compensation Plan shall be effective beginning with the first pay period, defined as the pay period from June 25 through July 9, of the fiscal year if:
a) The agency certifies to the Secretary of Finance that funds are available within the agency's appropriation to cover the cost of the increase for the remainder of the current biennium and presents a plan for covering the subsequent biennial costs, and the Secretary concurs, or
b) Such funds are appropriated by the General Assembly.  
2. If at any time the Secretary of Administration shall certify that such change in the salary band assignment for a job role is of an emergency nature and the Secretary of Finance shall certify that funds are available to cover the cost of the increase for the remainder of the biennium within the agency’s appropriation, such change in compensation may be effective on a date agreed upon by these two Secretaries.  The Secretary of Administration shall provide a monthly report of all such emergency changes in accordance with §4-8.00, Reporting Requirements.
b.  Salary adjustments for any employee through a promotion, role change exceptional recruitment and retention incentive options, or in-range adjustment shall occur only if:  
1. The agency has sufficient funds within its appropriation to cover the cost of the salary adjustment for the remainder of the current biennium, or
2. Such funds are appropriated by the General Assembly.  
c. No changes to the salary band assignment of individual career group roles administered under the new pay plan that is authorized by the 2000 session of the General Assembly, or similar actions, shall be implemented at the option of affected agencies. Further, no changes in salary band assignments affecting classified employees of more than one agency shall become effective unless the Secretary of Finance certifies that sufficient funds are available to provide such increase or plan to all affected employees supported from the general fund.
2. The compensation of Executive Branch Employees (other than faculty at institutions of higher education) not covered by the provisions of the Classified Compensation plan shall be administered in a manner consistent with that plan.
3. Faculty:  Reserved for future use.
4. Cabinet Officers: Annual salaries of persons appointed to positions listed below shall be paid in the amounts shown.
April 10, 2002
to
June 30, 2002
Chief of Staff
$128,479
Secretary of Administration
$128,479
Secretary of Commerce and Trade
$128,479
Secretary of the Commonwealth
$128,479
Secretary of Education
$128,479
Secretary of Finance
$128,479
Secretary of Health and Human Resources
$128,479
Secretary of Natural Resources
$128,479
Secretary of Public Safety
$128,479
Secretary of Technology
$128,479
Secretary of Transportation
$128,479
5. Executive Branch Agency Heads:
a. Incumbents:  The annual salaries listed below shall be paid to the individual(s) who held the listed position on December 20, of the fiscal year listed.  
April 10, 2002 to June 30, 2002
Level I Range
$93,469 -$147,778
Commissioner, Department of Motor Vehicles
$121,522
Commissioner, Department of Social Services
$116,977
Commissioner of Mental Health, Mental Retardation and Substance Abuse Services
$116,973
Commonwealth Transportation Commissioner
$118,718
Director, Department of Corrections
$123,879
Director, Department of Environmental Quality
$116,977
Director, Department of Information Technology
$116,977
Director, Department of Medical Assistance Services
$124,658
Director, Department of Planning and Budget
$116,977
Director, Department of Technology Planning
$116,977
State Health Commissioner
$147,778
State Tax Commissioner
$116,977
Superintendent of Public Instruction
$143,311
Superintendent of State Police
$122,589
Director, State Council of Higher Education for Virginia
$144,804
April 25, 2002 to June 30, 2002

Level II Range
$81,278 -$128,503
Alcoholic Beverage Control Commissioners (two)
$85,166
Chairman, Alcoholic Beverage Control Board
$99,361
Commissioner, Department of Agriculture and Consumer Services
$90,327
Commissioner, Virginia Employment Commission
$116,979
Director, Department of Business Assistance
$106,435
Director, Department of General Services
$101,720
Director, Department of Mines, Minerals and Energy
$117,297
Director, Department of Human Resource Management
$116,003
Director, Department of Juvenile Justice
$101,719
Executive Director, Motor Vehicle Dealer Board
$92,453
Executive Director, Virginia Port Authority
$119,105
Executive Secretary, Charitable Gaming Commission
$92,925
State Comptroller
$116,314
State Treasurer
$116,314
April 10, 2002 to June 30, 2002

Level III Range
$70,678 -$111,744
Adjutant General
$98,070
Chairman, Virginia Parole Board
$105,199
Members (three), Virginia Parole Board
$88,451
Member, Virginia Parole Board
$95,441
Commissioner, Department of Labor and Industry
$105,748
Commissioner, Department of Rehabilitative Services
$111,744
Commissioner, Marine Resources Commission
$97,443
Coordinator, Department of Emergency Management
$87,611
Director, Department of Aviation
$90,698
Director, Department of Conservation and Recreation
$108,043
Director, Department of Criminal Justice Services
$103,231
Director, Department of Employment Dispute Resolution
$99,830
Director, Department of Historic Resources
$88,451
Director, Department of Housing and Community Development
$99,573
Director, Department of Rail and Public Transportation
$108,366
Director, The Science Museum of Virginia
$103,121
Director, Virginia Liaison Office
$85,297
Director, Virginia Museum of Fine Arts
$107,089
Director, Virginia Museum of Natural History
$88,451
Executive Director, Chesapeake Bay Local Assistance Department
$92,298
Executive Director, Department of Game and Inland Fisheries
$106,217
Executive Director, Jamestown-Yorktown Foundation
$102,460
Executive Secretary, Virginia Racing Commission
$86,193
Librarian of Virginia
$102,088
State Forester, Department of Forestry
$94,200
Superintendent, Department of Correctional Education
$108,366
April 10, 2002 to July 1, 2002
Level IV Range
$61,460 -$97,178
Administrator, Commonwealth's Attorneys' Services Council
$78,652
Administrator, Milk Commission
$76,915
Commissioner, Department for the Aging
$94,240
Commissioner, Virginia Department for the Blind and Vision Impaired
$84,916
Director, Department of Health Professions
$92,263
Director, Department of Minority Business Enterprise
$94,229
Director, Office of Substance Abuse Prevention
$90,860
Director, Department of Professional and Occupational Regulation
$89,411
Director, Virginia-Israel Advisory Board
$65,000
Executive Director, Board of Accountancy
$75,000
Executive Director, Commission on Local Government
$92,416
Executive Director, Commonwealth Competition Council
$91,626
Executive Director, Frontier Culture Museum of Virginia
Executive Director, Governor's Employment and Training Department
$82.023
$88,451
Human Rights Director, Human Rights Council
$76,915
Secretary, State Board of Elections
$82,600
April 10, 2002 to July 1, 2002
Level V Range
$53,443 -$84,580
Director, Department for Rights of Virginians with Disabilities
$78,814
Director, Department of Veteran's Affairs
$72,263
Director, Gunston Hall
$69,012
Director, Virginia Department for the Deaf and Hard-of-Hearing
$66,925
Executive Director, Department of Fire Programs
$82,023
Executive Director, Virginia Commission for the Arts
$69,097
Executive Secretary, Virginia Veterans Care Center Board of Trustees
$71,138
Chairman, Compensation Board
$18,452
b. New Appointees: The annual salaries of persons appointed to positions listed in this subsection shall be established at:
1) No more than 15 percent above the appointee’s pre-appointment salary, not to exceed the maximum for the salary range, or
2) The minimum for the salary range.
3) The basis for calculation of a new appointee's salary shall be the last full-time salary, or annualized wage, paid to such individual.  If such salary or wage was in compensation for serving in an acting or otherwise temporary capacity, then the calculation shall be based upon the salary or wage of the last permanent position held by the appointee.
4) In proposing the salary for a new appointee as authorized in this subsection, it is the intent of the General Assembly that the maximum set out in §4-6.01.a.5.b.1) not be viewed as the normal increase for new appointees.  The Governor shall be guided by criteria which provide a reasonable limit on the increase, considering the incumbent’s potential contribution to the Commonwealth, and such other criteria as he may find useful.
c. Annual Salary Increases:  In his budget proposals to the General Assembly, the Governor shall propose increases or decreases, if any,  to the salaries of incumbents in the positions listed in this subsection.  
1) Such proposals shall be:
a) Based on his evaluation of their individual performance,
b) No more than the maximum of the range of performance increases granted in that fiscal year for classified employees under the Classified Employee Pay Plan as set out in Item 511, of this Act,
c) No more than the maximum for the salary range, and
d) Shall be effective on the first day of the pay period next following the Governor’s signature of the budget bill.
2) In making his proposals in the budget, the Governor shall provide the Chairmen of the House Appropriations Committee and the Senate Finance Committee with written justification of any increase that deviates from the average increase recommended for classified state employees under the Classified Employee Pay Plan as set out in Item 511, of this Act.  Such justification shall be confidential and shall not be subject to the provisions of the Freedom of Information Act.
3) Incumbents with less than six months tenure in the position listed in this subsection shall not be eligible for the salary increase authorized by this subsection.
4) In proposing the annual salary increase authorized in this subsection, it is the intent of the General Assembly that the maximum set out in §4-6.01.a.5.c.1) b) above should be reserved for those agency heads who made an exceptional contribution to the operation of their agency.  The Governor shall be guided by criteria which provide a reasonable limit on the increase, considering the incumbent’s service to the Commonwealth, and such other criteria as he may find useful.
d. Competitive Salary Increases:  At any time, the Governor may approve a salary increase for the incumbent in a position listed in this subsection, in response to a bona fide job offer from another employer.  
1) Such competitive salary increase shall be:
a) Based on his evaluation of their individual performance,
b) No more than the maximum of the salary range,
c) No more than 15 percent for any single competitive offer or for a combination of competitive offers in a single fiscal year, and
d) Temporary and provisional until the first day of the pay period next following the Governor’s signature of the budget bill.
2) In approving a competitive offer, the Governor should be guided by criteria which provide a reasonable limit on the increase, considering the incumbent’s service to the Commonwealth and the relative difficulty of finding a qualified replacement, and such other criteria as he may find useful.  
3) In authorizing a competitive salary increase, the Governor shall provide the Chairmen of the House Appropriations Committee and the Senate Finance Committee with written justification for such increase.  Such justification shall be confidential and shall not be subject to the provisions of the Freedom of Information Act.
e. Performance Bonuses:  At any time, the Governor may approve a performance bonus  for the incumbent in a position listed in this subsection.  
1) Such performance bonus shall be:
1) Based on his evaluation of their individual performance,
2) No greater than five percent of the annual salary for the incumbent, as listed in this Act, and
2) Performance bonuses shall not be granted to any individual more than once in a twelve month period.
3) In authorizing a performance bonus, the Governor shall provide:
a) The Chairmen of the House Appropriations Committee and the Senate Finance Committee with written justification.  Such justification shall be confidential and shall not be subject to the provisions of the Freedom of Information Act.
b) Notification of performance bonuses to the Department of Human Resource Management for retention in its records.
f. Special Provisions for Executive Branch Agency Heads:
1) Except as may be otherwise provided in this Act, all incumbents holding positions listed in this § 4-6.01 shall be eligible for all fringe benefits provided to full-time classified state employees and, notwithstanding any provision to the contrary, the annual salary paid pursuant to this § 4-6.01 shall be included as creditable compensation for the calculation of such benefits.
2) If at any time the Administrator of the Commonwealth's Attorneys' Services Council serves on the faculty of a state-supported institution of higher education, the faculty appointment must be approved by the Council.  Such institution shall pay one-half of the salary listed in § 4-6.01 c 6 of this act.
a) Further, such institution may provide compensation in addition to that listed in § 4-6.01 c 6; provided, however, that such additional compensation must be approved by the Council.
b) If the Administrator ceases to be a member of the faculty of a state-supported institution of higher education, the total salary listed in § 4-6.01 c 6 shall be paid from the Council's appropriation.
6. Presidents of Institutions of Higher Education:
a. Annual salaries of the presidents of the senior institutions of higher education, the President of Richard Bland College, the Chancellor of the University of Virginia's College at Wise, the Superintendent of the Virginia Military Institute, the Director of the Southwest Virginia Higher Education Center and the Chancellor of Community Colleges, as listed in this paragraph, shall be paid in the amounts shown.
April 10, 2002 to July 1, 2002
SOUTHWEST VIRGINIA HIGHER EDUCATION CENTER
Director, Southwest Virginia Higher Education Center
$82,277
VIRGINIA COMMUNITY COLLEGE SYSTEM
Chancellor of Community Colleges
$140,631
SENIOR COLLEGE PRESIDENTS' SALARIES
Chancellor, University of Virginia's College at Wise
$109,663
President, Christopher Newport University
$109,991
President, The College of William and Mary in Virginia
$132,228
President, George Mason University
$124,788
President, James Madison University
$122,675
President, Longwood College
$117,825
President, Mary Washington College
$116,833
President, Norfolk State University
$120,772
President, Old Dominion University
$116,970
President, Radford University
$120,770
President, Richard Bland College
$103,467
President, University of Virginia
$146,768
President, Virginia Commonwealth University
$148,089
President, Virginia Polytechnic Institute and State University
$143,428
President, Virginia State University
$120,770
Superintendent, Virginia Military Institute
$119,655
b.  The annual salaries of the presidents of the community colleges shall be fixed by the State Board for Community Colleges within a salary structure submitted to the Governor prior to June 1 each year for approval.
7. Salary Supplements:
a. No supplement to the salary of a state agency head, however titled, shall be paid except as specifically authorized in this subsection.
b. The appointing authority shall report approved supplements to the Department of Human Resource Management for retention in its records.
c. Higher Education:
1) The board of visitors shall report approved supplements to the Department of Human Resource Management for retention in its records.
2) The board of visitors of each institution of higher education may supplement the salary of its president from private gifts, endowment funds, or income from endowments and gifts.  Supplements paid from other than the cited sources prior to June 30, 1997, may continue to be paid.  In approving a supplement, the board of visitors shall be guided by criteria which provide a reasonable limit on the total additional income of a president.  The criteria should include a consideration of additional income from outside sources including, but not being limited to, service on boards of directors or other such services.
3) The State Board for Community Colleges may supplement the salary of the Chancellor from any available appropriations of the Virginia Community College System.  In approving a supplement, the State Board for Community Colleges shall be guided by criteria which provide a reasonable limit on the total additional income of the Chancellor.  The criteria should include consideration of additional income from outside sources including, but not being limited to, service on boards of directors or other such services.
c. Other Education Institutions: With the prior annual written approval of the Governor, the Board of Trustees of the Virginia Museum of Fine Arts, The Science Museum of Virginia, the Jamestown-Yorktown Foundation, and The Library Board may supplement the salary of the Director of each museum and the Librarian of Virginia from non-state funds.  In approving a supplement, the Governor should be guided by criteria which provide a reasonable limit on the total additional income of the Director or Librarian of Virginia.  The criteria should include, without limitation, a consideration of the salaries paid to similar officials at comparable museums and libraries of other states.
d. Virginia Port Authority:  With the prior annual written approval of the Governor, the Board of Commissioners of the Virginia Port Authority may supplement the salaries of its Executive Director, its Senior Managing Director of Marketing Services and its marketing staff from non-state funds provided by any nonstock, nonprofit corporation which is authorized by the Virginia Port Authority to operate port facilities of the Commonwealth under its jurisdiction.  In approving such supplements, the Governor should be guided by criteria which provide a reasonable limit on the total additional income of the Executive Director, the Senior Managing Director of Marketing Services and the marketing staff.  The criteria should include, without limitation, a consideration of the salaries paid to similar officials at comparable ports of other states.
b. Legislative, Judicial and Independent Agency Employees:
1. The compensation of employees of Legislative, Judicial and Independent Agencies shall be administered in accordance with such pay plans as may be adopted by their respective appointing authorities.  
a) No funds appropriated by this Act shall be expended for the implementation of a pay plan for employees of the judicial or independent agencies that has not been reviewed and approved by the compensation subcommittees of the House Appropriations Committee and the Senate Finance Committee.
b) No funds appropriated by this Act shall be expended for the implementation of a pay plan for employees of Legislative agencies that are under the jurisdiction of the Joint Rules Committee until such plan has been reviewed and approved by the Committee.  Such plan shall be provided to the compensation subcommittees of the House Appropriations Committee and the Senate Finance Committee.
2. Judges and Elected Agency Heads:
a)  Annual salaries of persons appointed to positions listed below shall be paid in the amounts shown.
April 10, 2002
to
July 1, 2002
Supreme Court
Chief Justice
$141,286
Associate Justice (six)
$132,523
Court of Appeals
Chief Judge, Court of Appeals
$126,899
Judge, Court of Appeals (ten)
$125,899
Circuit Courts
Judges
$123,027
General District Courts
Judges
$110,723
Juvenile and Domestic Relations District Courts
Judges
$110,723
Combined District Courts
Judges
$110,723
Corporation Commission
Chairman, State Corporation Commission
$127,294
Members, State Corporation Commission (4)
$125,899
Workers’ Compensation Commission
Chairman, Virginia Workers’ Compensation Commission
$125,610
Members, Virginia Workers’ Compensation Commission (2)
$123,028
General Assembly
Clerk of the House
$121,225
Clerk of the Senate
$118,672
b) Salaries of the judges in the Court of Appeals are to be 95 percent of the salaries of justices of the Supreme Court except for the Chief Judge, who shall receive an additional $1,000 annually.
3. Agency Heads:  
a) Incumbents. The annual salaries listed below shall be paid to the individual(s) who held the listed position on December 20, of the fiscal year listed.  
April 10, 2002 to July 1, 2002
Legislative and Judicial Level I
$93,469 -$147,778
Auditor of Public Accounts
$134,462
Director, Division of Legislative Automated Systems
$119,219
Director, Division of Legislative Services
$118,785
Director, Joint Legislative Audit and Review Commission
$135,313
Executive Secretary, Supreme Court of Virginia
$125,280
Director, Judicial Inquiry and Review Commission
$123,027
Director, Virginia State Bar
$147,743
Director, Public Defender Commission
$123,027
Legislative and Judicial Level II
$70,678 -$128,503
Chief, Division of Capitol Police
$77,837
Executive Director, Virginia Alcohol Safety Action Program
$83,311
Director, Virginia Criminal Sentencing Commission
$95,502
Director, Board of Bar Examiners
$75,000
Independent Range
$81,278 -$128,503
Director, State Lottery Department
$122,170
Executive Director, Virginia College Savings Plan
$124,918
Director, Virginia Retirement System
$124,918
b. New Appointees: The annual salaries of persons appointed to positions listed in this subsection of this Act shall be established at:
1) No more than 15 percent above the appointee’s pre-appointment salary, not to exceed the maximum for the salary range, or
2) The minimum for the salary range.
3) The basis for calculation of a new appointee’s salary shall be the last full-time salary, or annualized wage, paid to such individual.  If such salary or wage was in compensation for serving in an acting or otherwise temporary capacity, then the calculation shall be based upon the salary or wage of the last permanent position held by the appointee.
4) In proposing the salary for a new appointee as authorized in this subsection, it is the intent of the General Assembly that the maximum set out in §4-6.01.a.5.b.1) not be viewed as the normal increase for new appointees.  The appointing authority shall be guided by criteria which provide a reasonable limit on the increase, considering the incumbent’s potential contribution to the Commonwealth, and such other criteria as he may find useful.
c. Annual Salary Increases:  The appointing authority shall annually provide to the Department of Planning and Budget proposals for such increases or decreases as are deemed appropriate for the annual salaries of incumbents appointed to positions listed in this subsection.  The Governor shall include such increases or decreases in his budget proposals to the General Assembly.  
1) Such proposals shall be:
a) Based on his evaluation of their individual performance,
b) No more than the maximum of the range of performance increases granted in that fiscal year for classified employees under the Classified Employee Pay Plan as set out in Item 511, of this Act,
c) No more than the maximum for the salary range and
d) Shall be effective on the first day of the pay period next following the Governor’s signature of the budget bill.
2) In proposing the annual salary increase authorized in this subsection, it is the intent of the General Assembly that the maximum set out in §4-6.01.b.3.c.1) b) above should be reserved for those agency heads who made an exceptional contribution to the operation of their agency.  The appointing authority should be guided by criteria which provide a reasonable limit on the increase, considering the incumbent’s service to the Commonwealth, and such other criteria as he may find useful.
3) In making his proposals to the Department of Planning and Budget the appointing authority in the Judicial and Independent Agencies shall provide written justification of any increase that deviates from the average increase recommended for classified state employees under the Classified Employee Pay Plan as set out in Item 511, of this Act.  Copies of these justifications shall be provided by the appointing authority to the Chairmen of the House Appropriations Committee and the Senate Finance Committee.  Such justification shall be confidential and shall not be subject to the provisions of the Freedom of Information Act.
4) Incumbents with less than six months tenure in the position listed in this subsection and in §1-1 through §1-15 of this Act shall not be eligible for the salary increase authorized by this subsection.
d. Competitive Salary Increases: At any time the appointing authority may approve a salary increase for the incumbent in a position listed in this subsection, in response to a bona fide job offer from another employer.  
1) Such competitive salary increase shall be:
a) Based on his evaluation of their individual performance,
b) No more than the maximum of the salary range,
c) No more than 15 percent for any single competitive offer or for a combination of competitive offers in a single fiscal year, and
d) Temporary and provisional until the first day of the pay period next following the Governor’s signature of the budget bill.
2) In approving a competitive offer, the appointing authority should be guided by criteria which provide a reasonable limit on the increase, considering the incumbent’s service to the Commonwealth and the relative difficulty of finding a qualified replacement, and such other criteria as he may find useful.  
3) In authorizing a competitive salary increase, the appointing authority in the Judicial Branch and Independent Agencies shall provide the Chairmen of the House Appropriations Committee and the Senate Finance Committee with written justification for such increase.  Such justification shall be confidential and shall not be subject to the provisions of the Freedom of Information Act.
e. Performance Bonuses:  At any time the appointing authority may approve a performance bonus  for the incumbent in a position listed in this subsection.  
1) Such performance bonus shall be:
a) Based on his evaluation of their individual performance,
b) No greater than five percent of the annual salary for the incumbent, as listed in this Act, and
2) Performance bonuses shall not be granted to any individual more than once in a twelve month period.
3) In authorizing a performance bonus, the appointing authority shall provide;
a) The Chairmen of the House Appropriations Committee and the Senate Finance Committee with written justification.  Such justification shall be confidential and shall not be subject to the provisions of the Freedom of Information Act.
b) Notification of performance bonuses to the Department of Human Resource Management for retention in its records.
c. Provisions Applicable to All Employees:
1. No lump sum appropriation for personal service shall be regarded as advisory or suggestive of individual salary rates or of salary schedules to be fixed under law by the Governor payable from the lump sum appropriation.
2. Full-time employees of the Commonwealth, including faculty members of state institutions of higher education, who are appointed to a state-level board, council, commission or similar collegial body set forth in §§ 2.1-20.4 and 15.2-1636.5, Code of Virginia, shall not receive any compensation for their services as members or chairmen except for reimbursement of reasonable and necessary expenses.
§ 4-6.02 EMPLOYEE BENEFITS
a. General Application
Notwithstanding any other provision of law, employees holding full-time, academic-year classified positions at public institutions of higher education shall be considered "state employees" as defined in § 51.1-124.3, Code of Virginia, and shall be considered for medical/hospitalization, retirement service credit, and other benefits on the same basis as those individuals appointed to full-time, 12-month classified positions.
b. Employee Training
1. Subject to uniform rules and regulations established by the appointing authority, the head of any state agency may authorize, from any funds appropriated to such department, institution or other agency in this act or subsequently made available for the purpose, compensation or expenses or both compensation and expenses for employees pursuing approved training courses or academic studies for the purpose of becoming better equipped for their employment in the state service.  
2. The rules and regulations shall include reasonable provision for the return of any employee receiving such benefits for a reasonable period of duty, or for reimbursement to the state for expenditures incurred on behalf of the employee should he not return to state service.
c. Health Benefits
1. Any medical/hospitalization benefit program provided for state employees shall include the following provision: any state employee, as defined in §2.2-2818, Code of Virginia, shall have the option to accept or reject coverage.
3.  Any hospital with fewer than 105 beds and which has a minority patient population in excess of 75 percent shall be allowed to participate in the Employee Health Insurance Program pursuant to §2.2-2818, Code of Virginia, provided that such hospital enters into a written agreement to accept the same level of reimbursement as the participating hospitals in the same geographic region.
4. Any hospital that serves as the primary medical facility for state employees may be allowed to participate in the State Employee Health Insurance Program pursuant to §2.2-2818, Code of Virginia, provided that:
a) Such hospital is not a participating provider in the network, contracted by the Department of Human Resource Management, that serves state employees, and
b) such hospital enters into a written agreement with the Department of Human Resource Management as to the rates of reimbursement.
c) The Department shall accept the lowest rates offered by the hospital from among the rates charged by the hospital to:
1) Its largest purchaser of care,
2) Any state or federal public program, or
3) Any special rate developed by the hospital for the state employee health benefits program which is lower than either of the rates above.
d) If the Department and the hospital cannot come to an agreement, the Department shall reimburse the hospital at the rates contained in its final offer to the hospital until the dispute is resolved.
e) Any dispute shall be resolved through arbitration or through the procedures established by the Administrative Process Act, as the hospital may decide, without impairment of any residual right to judicial review.
d. Retirement Benefits:  
1. Except as provided for sworn personnel of the Department of State Police, no payment of, or reimbursement for, the employer paid contribution to the State Police Officers' Retirement System, or any system offering like benefits, shall be made by the Compensation Board of the Commonwealth at a rate greater than the employer rate established for the general classified workforce of the Commonwealth covered under the Virginia Retirement System.  Any cost for benefits exceeding such general rate shall be borne by the employee or, in the case of a political subdivision, by the employer.
2. Any classified employee of the Commonwealth who (i) is compensated on a salaried basis and (ii) works at least twenty hours per week shall be considered a full-time employee for the purposes of participation in the Virginia Retirement System's group life insurance and retirement programs.  Any part-time magistrate hired prior to July 1, 1999, shall have the option of participating in the programs under this provision.
3. Notwithstanding any other provision of law, the board of visitors or other governing body of any public institution of higher education is authorized to establish age and service eligibility criteria for faculty participating in voluntary early retirement incentive plans for their respective institutions pursuant to § 23-9.2:3.1 B and the cash payment offered under such compensation plans pursuant to § 23-9.2:3.1 D, Code of Virginia.  The total cost in any fiscal year for any compensation plan established under § 23-9.2:3.1 D, Code of Virginia, shall be set forth by the governing body in the compensation plan for approval by the Governor and review for legal sufficiency by the Office of the Attorney General.
e. Severance Benefits
1. Severance benefits as provided for under the provisions of the Workforce Transition Act of 1995, §2.2-3200 to §2.2-3206 of the Code of Virginia, shall be provided to all employees granted benefits under that Act.
2. Notwithstanding the provisions of §2.2-3202 of the Code of Virginia, full-time employees appointed by the Governor, whether or not confirmed by the General Assembly, shall be entitled to severance benefits equal to one month salary, provided that they meet the standard of a terminated employee set out in §2.2-3200 of the Code of Virginia.
§ 4-6.03 CHARGES
a.  FOOD SERVICES:
1. Except as exempted by the prior written approval of the Director, Department of Human Resource Management, and the provisions of § 2.1-558 A, Code of Virginia, state employees shall be charged for meals served in state facilities.  
a) Charges for meals will be determined by the agency.  Such charges shall be not less than the value of raw food and the cost of direct labor and utilities incidental to preparation and service.  
b) Each agency shall maintain records as to the calculation of meal charges and revenues collected.  
c) Except where appropriations for operation of the food service are from nongeneral funds, all revenues received from such charges shall be paid directly and promptly into the general fund.  
2. The provisions of this subsection shall not apply to on-duty employees assigned to correctional facilities operated by the Departments of Corrections, Juvenile Justice, and Correctional Education.
b.  HOUSING SERVICES:
1.  Each agency will collect a fee from state employees who occupy state-owned housing, subject to guidelines provided by the Director, Department of General Services.  Each agency head is responsible for establishing a fee for state-owned housing and for documenting in writing why the rate established was selected.  In exceptional circumstances, which shall be documented as being in the best interest of the Commonwealth by the agency requesting an exception, the Director, Department of General Services may waive the requirement for collection of fees.
2.  All revenues received from housing fees shall be promptly deposited in the state treasury.  For housing for which operating expenses are financed by general fund appropriations, such revenues shall be deposited to the credit of the general fund.  For housing for which operating expenses are financed by nongeneral fund appropriations, such revenues shall be deposited to the credit of the nongeneral fund.  Agencies which provide housing for which operating expenses are financed from both general fund and nongeneral fund appropriations shall allocate such revenues, when deposited in the state treasury, to the appropriate fund sources in the same proportion as the appropriations.  However, without exception, any portion of a housing fee attributable to depreciation for housing which was constructed with general fund appropriations shall be paid into the general fund.
c.  VEHICLE PARKING SPACES:
1.  Agencies with parking space for employees in state-owned facilities shall, when required by the Director, Department of General Services, charge employees for such space on a basis approved by the Governor.  All revenues received from such charges shall be paid directly and promptly into a special fund in the state treasury to be used, as determined by the Governor, for payment of costs for the provision of vehicle parking spaces.  Interest shall be added to the fund as earned.  In the case of any agency with central administrative offices occupying leased or rental space in the metropolitan Richmond area, not including institutions of higher education, the Director shall require that a fee be charged employees for vehicle parking spaces which are assigned to them or which are otherwise available incidental to the lease or rental agreement.  In such cases the individual employee fee scale shall not be less than that provided for employees at the Seat of Government, provided that if, in the opinion of the Director good cause is shown, this portion of the requirement may be amended or waived.  Revenues derived from employees paying for parking spaces in leased facilities will be retained by the leasing agency to be used to offset the cost of the lease to which it pertains.
2.  Agencies assigned to a Governor's Secretary, excluding institutions of higher education, which are located in the metropolitan Richmond area shall not use public funds to lease private parking spaces for employees.  Payments for such leases shall be derived from charges to employees for parking space or from other nonpublic funds, or both.  Any lease for private parking space must be approved by the Director, Department of General Services.
§ 4-6.04 SELECTION PROCESS FOR FILLING POSITIONS
a. In filling all state positions, all provisions relative to competitive hiring outlined in Title 2.2, Chapter 29, Code of Virginia (the Virginia Personnel Act), shall be strictly observed by state agency heads.    Neither the Governor, a member of the Governor’s staff, nor the Cabinet Secretaries and their deputies shall exercise authority with respect to, or otherwise seek to influence the selection or tenure in office of any individual for a position subject to the Virginia Personnel Act.
b.  In keeping with the provisions of Title 2.2, Chapter 29, Code of Virginia (the Virginia Personnel Act) all appointments and promotions to and tenure in positions in the service of the Commonwealth shall be based upon merit and fitness, to be ascertained, as far as possible, by the competitive rating of qualifications by the respective appointing authorities."

Explanation
(This amendment updates the positions and employment section of the General Provisions to: consolidate all agency heads compensation in one location in the budget, provide for uniform treatment of agency head compensation and assure that, with the exception of college presidents, the salaries listed are those actually paid to incumbents.)