2014 Kentucky Revised Statutes CHAPTER 18A - STATE PERSONNEL 18A.105 Compensation, retirement system contributions of employee ordered reinstated without loss of pay.
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18A.105
Compensation, retirement system contributions of employee
ordered reinstated without loss of pay.
(1)
(a)
(b)
(c)
(2)
(a)
(b)
When a classified or unclassified employee has been finally ordered
reinstated by the board without loss of pay, pursuant to the provisions of
KRS 18A.095, the executive director of the board shall forward a certified
copy of said order to the Personnel Cabinet and the Finance and
Administration Cabinet, which shall process proper payment to the
employee for the period of suspension, said 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 were earned by the employee from other sources
during the period of suspension shall be 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 job from which he was dismissed. The Finance and Administration
Cabinet shall by regulation provide an administrative procedure for
determining reasonable earnings to be so set off.
All other deductions shall be deducted as required by law or by Finance
and Administration Cabinet regulation.
Both the employee's and employer's contributions to 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 Employees Retirement System, County Employees Retirement
System, State Police Retirement System, or Kentucky Teachers'
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 he participated prior to his 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 in which he participated 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 he would have participated
had he not been dismissed.
Effective:July 15, 1998
History: Amended 1998 Ky. Acts ch. 154, sec. 24, effective July 15, 1998. -Repealed, reenacted, and amended as KRS 18A.105, 1982 Ky. Acts ch. 448,
sec. 21, effective July 15, 1982. -- Created 1972 Ky. Acts ch. 13, sec. 7.
2014-2016 Budget Reference. See State/Executive Branch Budget, 2014 Ky. Acts
ch. 117, Pt. I, C, 2, (2) at 628.
2014-2016 Budget Reference. See State/Executive Branch Budget, 2014 Ky. Acts
ch. 117, Pt. I, D, 10, (1) at 636.
Formerly codified as KRS 18.275.
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