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156.824 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
156.822, the board shall forward a certified copy of the order to the
Department of Education. The department 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:June 25, 2013
History: Repealed, reenacted, renumbered, and amended 2013 Ky. Acts ch. 59,
sec. 15, effective June 25, 2013. -- 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.
Formerly codified as KRS 151B.065.
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