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151B.065 Payment of reinstated employee.
(1)
(a)
(b)
(c)
(2)
(a)
(b)
When a certified, equivalent, or unclassified employee has been finally
ordered reinstated without loss of pay, pursuant to the provisions of KRS
151B.060, the board shall forward a certified copy of the order to the Office of
Career and Technical Education. The office shall process proper payment to
the employee for the period of suspension, the payment to be made out of the
agency's appropriations. If no funds or insufficient funds are available in the
agency's appropriations, then payment shall be made out of the judgments
section of the general fund of the biennial state budget.
Gross moneys which are earned by the employee from other sources during
the period of suspension shall set off against the gross sum due the employee,
to the extent that the moneys were earned in a number of hours comparable to
the length of time the employee would have worked in the previous job where
dismissal occurred. The executive director of the Office of Career and
Technical Education shall by regulation provide an administrative procedure
for determining reasonable earnings to be set off.
All other deductions shall be deducted as required by law or by other state
regulation.
Both the employee's and employer's contributions to the Kentucky Teachers'
Retirement System or the Kentucky Employees Retirement System shall be
based upon the gross amount due the employee, before set-off or deduction,
except for set-off caused by earnings on which employee and employer
contributions to the Kentucky Teachers' Retirement System or the Kentucky
Employees Retirement System have been paid.
Member and employer contributions paid into the system in which the
employee participated after dismissal shall be transferred to the system in
which the employee participated prior to illegal dismissal. In the event of a
difference in member or employer contribution rates between the retirement
system under which the member was covered prior to dismissal and the
retirement system of participation before reinstatement by the board, the
member and employer shall pay or receive a refund in order to adjust their
respective contribution to the appropriate rate for the system under which the
employee would have participated if dismissal had not occurred.
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 211, sec. 29, effective July 12, 2006. -- Amended
2003 Ky. Acts ch. 29, sec. 11, effective June 24, 2003. -- Amended 2000 Ky. Acts
ch. 526, sec. 22, effective August 15, 2000. -- Amended 1994 Ky. Acts ch. 469,
sec. 14, effective July 15, 1994. -- Created 1990 Ky. Acts ch. 470, sec. 11, effective
July 1, 1990.
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