CHAPTER 380

An Act to amend and reenact § 2-79 of the Code of Virginia, relating
to rights of certain persons holding positions in the service of the
Commonwealth who leave or have left such service for service in
one of the armed forces of the United States. CH 673]

Approved March 14, 1956

Be it enacted by the General Assembly of Virginia:

1. That § 2-79 of the Code of Virginia be amended and reenacted
as follows: .

_ § 2-79. In accordance with the provisions of this chapter all ap-
pointments and promotions to and tenure in positions in the service of
the Commonwealth shall be based upon merit and fitness, to be ascer-
tained, as far as possible, by the competitive rating of qualifications by
the respective appointing authorities.

Persons holding positions in the service of the Commonwealth on
July * first, nineteen hundred and forty-two, shall be deemed to be holding
their positions as though they had received appointment under the terms
of this chapter.

Persons who, on such date, had left the service of the Commonwealth
for service in any of the armed forces of the United States shall be deemed
to have held the positions which they had thus left as though they had
received appointment under the terms of this chapter, and all such
persons, as well as persons who thereafter leave the service of the Com-
monwealth for service in such armed forces, shall be entitled to be re-
stored to such positions upon the termination of their service with the
armed forces * provided such persons, except for good cause shown, have
filed an application for restoration to such positions within ninety calendar
days following such termination of military service, accompanied by a
certificate attesting that the military duty was satisfactorily performed.
Such persons shall thereafter * hold such positions as though they had
received appointment under the terms of this chapter, except as to any
such position which, in the meantime, may have been abolished; and any
such former employee returning to, or applying for, employment in the
State service * ,as provided by this section, shall be considered as having
at least as favorable a status with reference to this chapter as he would
have occupied if his service had been continuous.

Provided, however, that with respect to State employees who enter
on active military duty in the armed forces of the United States after
June thirtieth, nineteen hundred and fifty-six, such rights shall extend
only to such employees who (a) have appointments other than temporary
in State service prior to entering on active military duty, and (b) serve
428 ACTS OF ASSEMBLY [va., 1956

not more than four years on active military duty or such longer periods
as shall be fixed by the Governor, and (c) have a certificate attesting
that the military duty was satisfactorily completed, and (d) apply for
reinstatement in State service not later than ninety calendar days fol-
lowing separation from active military duty unless a longer period be
approved by the Governor. —

No establishment of a position or rate of pay, and no change in
rate of pay shall become effective except on order of the appointing
authority and approval by the Governor; provided, however, that this
paragraph shall not apply to any position the compensation of which is
at a rate of twelve hundred dollars per annum or less.