2020 Kentucky Revised Statutes Chapter 16 - State police 16.198 Appointment, salary, benefits, conditions of employment, and number of individuals employed as a Trooper R Class or a CVE R Class.
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16.198 Appointment, salary, benefits, conditions of employment, and number
of individuals employed as a Trooper R Class or a CVE R Class.
The appointment, salary, benefits, and number of individuals employed as a Trooper
R Class and CVE R class shall be as follows:
(1) The commissioner may appoint CVE R Class employees. CVE R Class
employees shall serve on a contractual basis for a term of one (1) year, and
the contract may be renewed annually, by agreement of the parties, for no
more than nine (9) additional one (1) year terms. A CVE R Class employee
shall be required to pass a physical fitness test every three (3) years.
(2) The commissioner may appoint Trooper R Class employees who shall serve
on a contractual basis for a term of one (1) year. The contract may be renewed
on an annual basis upon the agreement of both parties. A Trooper R Class
employee shall be required to pass a physical fitness test every three (3) years.
(3) The compensation for Trooper R Class employees and CVE R Class
employees shall be established by administrative regulation promulgated
pursuant to KRS Chapter 13A.
(4) (a) All appointments of individuals employed as a Trooper R Class and CVE
R Class shall be based upon agency need as determined by the
commissioner.
(b) Work stations for individuals employed as a Trooper R Class and CVE R
Class shall be determined by agency need with consideration given to the
applicant's stated preference.
(c) Merit of individuals employed as a Trooper R Class and CVE R Class
shall be determined by the applicant's work performance history.
(d) Fitness of individuals employed as a Trooper R Class and CVE R Class
shall be determined by the applicant's ability to adhere to the agency
standards set by the commissioner under this chapter.
(5) The number of individuals employed as a Trooper R Class and CVE R Class
by the department shall not:
(a) Exceed one hundred (100); or
(b) Be counted in the total employee cap for the department.
(6) All individuals employed as a Trooper R Class and CVE R Class shall be
assigned the job duties of trooper or commercial vehicle enforcement officer
and shall not be placed in any supervisory positions.
(7) Notwithstanding any provision of KRS 16.505 to 16.652, KRS 18A.005 to
18A.228, and KRS 61.510 to 61.705 to the contrary:
(a) Individuals employed as a Trooper R Class and CVE R Class shall
continue to receive all retirement and health insurance benefits provided
by the systems administered by Kentucky Retirement Systems to which
they were entitled upon retiring from the department as a commissioned
officer under this chapter;
(b) Individuals employed as a Trooper R Class and CVE R Class shall not be
eligible to receive health insurance coverage or benefits through the
department and shall not be eligible to participate in the State Police
Retirement System or the Kentucky Employees Retirement System; and
(c)
(8)
(9)
The department shall not pay health insurance contributions to the state
health insurance plan for individuals employed as a Trooper R Class or
CVE R Class.
Individuals employed as a Trooper R Class or CVE R Class shall be employed
on a contractual basis and shall be provided due process pursuant to KRS
16.140 or 16.192 for any disciplinary action imposed by the commissioner. A
decision by the commissioner to not renew a contract shall not be considered a
disciplinary action for purposes of this section.
The provisions of this section shall not eliminate or reduce any requirements
under KRS 61.637 for the department to pay employer contributions to the
retirement systems or to reimburse the retirement systems for the cost of
retiree health, on any individual employed as a Trooper R Class or CVE R
Class.
Effective:April 9, 2019
History: Amended 2019 Ky. Acts ch. 194, sec. 3, effective April 9, 2019. -Amended 2016 Ky. Acts ch. 6, sec. 8, effective July 15, 2016; ch. 109, sec. 9,
effective July 15, 2016; and ch. 110, sec. 10, effective July 15, 2016. -Amended 2013 Ky. Acts ch. 64, sec. 3, effective June 25, 2013. -- Created 2009
Ky. Acts ch. 59, sec. 14, effective June 25, 2009.
Legislative Research Commission Note (7/15/2016). This statute was amended in
2016 Ky. Acts ch. 109, sec. 9 and ch. 110, sec. 10. 2016 Ky. Acts ch. 110, sec.
15 provided that ch. 110 takes precedence over ch. 109. Chapter 110 was also
the later-passed bill. Therefore, 2016 Ky. Acts ch. 110, sec. 10 has been
codified and 2016 Ky. Acts ch. 109, sec. 9 has not. This statute was also
amended by 2016 Ky. Acts ch. 6, sec. 8. 2016 Ky. Acts chs. 6 and 110 do not
appear to be in conflict and have been codified together.
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