Kentucky Statutes 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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(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. 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.
(2) 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, except that no housing allowance shall be provided for the president of the Kentucky Community and Technical College System.
Effective: April 27, 2018
History: Amended 2018 Ky. Acts ch. 171, sec. 17, effective April 14, 2018; and ch.
207, sec. 17, effective April 27, 2018. — 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 (4/27/2018). This statute was amended by 2018
Ky. Acts chs. 171 and 207, which do not appear to be in conflict and have been codified together.
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).
(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.
Terms Used In Kentucky Statutes 164.5805
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Board of regents: means the governing board of each comprehensive university and the Kentucky Community and Technical College System. See Kentucky Statutes 164.001
- Institution: means a university, college, community college, health technology center, vocational-technical school, technical institute, technical college, technology center, or the Kentucky Community and Technical College System. See Kentucky Statutes 164.001
- Kentucky Community and Technical College System: means the system composed of public community and technical colleges, including those postsecondary institutions operated by the former Cabinet for Workforce Development and those community colleges in the University of Kentucky Community College System on May 30, 1997. See Kentucky Statutes 164.001
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Technical institution: means an educational institution that offers certificates, diplomas, or technical degrees in technical or occupational-related programs, including a facility called a vocational-technical school, technical institute, health technology center, technology center, technical college, or similar designation. See Kentucky Statutes 164.001
(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. 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.
(2) 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, except that no housing allowance shall be provided for the president of the Kentucky Community and Technical College System.
Effective: April 27, 2018
History: Amended 2018 Ky. Acts ch. 171, sec. 17, effective April 14, 2018; and ch.
207, sec. 17, effective April 27, 2018. — 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 (4/27/2018). This statute was amended by 2018
Ky. Acts chs. 171 and 207, which do not appear to be in conflict and have been codified together.
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).