2013 Kentucky Revised Statutes CHAPTER 164 - STATE UNIVERSITIES AND COLLEGES -- REGIONAL EDUCATION -- ARCHAEOLOGY 164.5805 Transfer of assets, liabilities, and staff positions of Kentucky Tech System -- Employee benefits and salaries of transferred employees -- Rules governing transferred employees.
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164.5805 Transfer of assets, liabilities, and staff positions of Kentucky Tech
System -- Employee benefits and salaries of transferred employees -Rules governing transferred employees.
(1)
Effective July 1, 1998, the Kentucky Community and Technical College System
shall be the legal successor to the postsecondary Kentucky Tech institutions
and corresponding administrative units in the former Cabinet for Workforce
Development and shall assume all assets and liabilities of this system,
including without limitation all obligations, responsibilities, programs, staff,
instructional supplies, equipment, real property, facilities, funds, and records.
The Finance and Administration Cabinet shall execute the instruments
necessary to transfer the real property relating to the operation of the
postsecondary institutions in the Kentucky Tech System from the former
Cabinet for Workforce Development to the Kentucky Community and Technical
College System.
(a) The staff positions in the former Department for Technical Education and
the former Cabinet for Workforce Development whose responsibilities
include support for the postsecondary institutions in the Kentucky Tech
System and the school-based positions shall be transferred to the
Kentucky Community and Technical College System. Selected
employees of the Kentucky Tech regional offices shall be transferred and
reassigned within the Kentucky Community and Technical College
System. Appropriate central office functions from the Department for
Technical Education shall be assigned within the system to carry out the
administrative and support functions with the approval of the board of
regents for the Kentucky Community and Technical College System.
(b) All funds related to the costs of operating the Kentucky Tech
postsecondary institutions, including the administrative costs, shall be
transferred to the board of regents for the Kentucky Community and
Technical College System for carrying out the mission of the
postsecondary technical institutions and colleges.
(c) Funds raised by a not-for-profit or nonprofit organization for a specific
program or technical institution shall be for the exclusive use of the
program or that technical institution.
(d) The following provisions shall apply to the employees who are transferred
from the former Cabinet for Workforce Development to the Kentucky
Community and Technical College System, effective July 1, 1998:
1.
Accumulated sick leave, compensatory time, and annual leave as of
June 30, 1998, shall be transferred with each employee;
2.
Employees who have earned continuing status as defined in KRS
156.800 and employees who have earned classified status as merit
system employees under KRS Chapter 18A shall be provided the
same standing. Those employees who are transferred and are in the
process of earning continuing status or classified status shall earn
their standing based on the rules that were governing them on June
30, 1998, in their respective systems. New employees within the
system shall earn status based on the new policies established by
the board;
3.
(2)
Employees shall transfer into the new system at a salary not less
than their previous salary as of June 30, 1998;
4.
Employees shall be provided retirement plans in the same system
where they are currently enrolled: the Kentucky Teachers'
Retirement System under KRS 161.220 or the Kentucky Employees
Retirement System under KRS 61.525;
5.
Employees shall be provided a health benefits package that is
available or equivalent to that provided to other state or university
employees; and
6.
Employees shall be provided life insurance coverage and optional
insurance or investment programs.
(e) The board shall adopt rules that are the same as the administrative
regulations under KRS Chapter 151B in effect on June 30, 1998, to
govern the certified and equivalent employees who transfer from the
former Cabinet for Workforce Development, except that the rules shall
provide that all grievances and appeals shall be to the board of regents or
to the board's designee. The board shall adopt rules that are the same as
the administrative regulations under KRS Chapter 18A in effect on June
30, 1998, to govern the transferred classified employees, except that the
rules shall provide that all grievances and appeals shall be to the board of
regents or to the board's designee. A transferred employee shall have the
option to elect to participate in the new Kentucky Community and
Technical College personnel system in lieu of the rules under which the
employee transferred. An employee who elects to accept this option may
not return to the previous personnel policy. An employee shall have the
right to exercise this option at any time.
New employees hired after July 1, 1997, in the Kentucky Community and
Technical College System shall be governed by the rules and regulations
established by the board.
Effective:July 12, 2006
History: Amended 2006 Ky. Acts ch. 211, sec. 107, effective July 12, 2006. -Created 1997 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 18, effective May 30, 1997.
Legislative Research Commission Note (6/25/2013). A reference to "KRS
151B.010" in subsection (1)(d)2. of this statute has been changed to "KRS
156.800." KRS 151B.010 was repealed, reenacted as KRS 156.800, and
amended in 2013 Ky. Acts ch. 59, sec. 1. This statute should have been
amended to conform in that Act. The Reviser of Statutes has made this
correction in codification under the authority of KRS 7.136(1)(h).
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