CHAPTER 784

An Act to amend and reenact § 2.1-111 of the Code of Virginia, relating
to appointments, promotions and tenure under the Virginia Personnel

ct.
[H 573]
Approved April 5, 1968

Be it enacted by the General Assembly of Virginia:

1. That § 2.1-111 of the Code of Virginia be amended and reenacted
as follows:

§ 2.1-111. Appointments, promotions and tenure based upon merit
and fitness.—In accordance with the provisions of this chapter all appoint-
ments and promotions to and tenure in positions in the service of the Com-
monwealth 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.

Persons holding positions in the service of the Commonwealth on July
first, nineteen hundred fifty-two, shall be deemed to be holding their posi-
pel 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 per-
sons, as well as persons who thereafter leave the service of the Common-
wealth for service in such armed forces, shall be entitled to be restored
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 certifi-
cate 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 posi-
tion 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
an active military duty in the armed forces of the United States after
June thirtieth, nineteen hundred 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 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 reinstate-
ment in State service not later than ninety calendar days following sepa-
ration 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 relies |
and approval by the Governor; provided, however, that this paragrap.
shall not apply to any position the compensation of which is at a rate of
twelve hundred dollars per annum or less.

Provided, further, however, that in order to attract and retain pro-
fessional auditors, accountants and staff members in the service of the
Auditor of Public Accounts, the Auditing Committee of the General As-
sembly may establish scales of pay for such positions notwithstanding the
provisions of this chapter. Such scales when established and certified to
the Division of Personnel and the Comptroller shall be applicable in the
stead of the scales established under the personnel plan.