Kentucky Statutes 164.2871 v2 – Liability insurance for governing board members, faculty, and staff — Retirement annuity allowances exemption — Taxability after December 31, 1997 — Purchase of insurance not waiver of immunity — Self-insured emplo…
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(1) The governing board of each state postsecondary educational institution is authorized to purchase liability insurance for the protection of the individual members of the governing board, faculty, and staff of such institutions from liability for acts and omissions committed in the course and scope of the individual’s employment or service. Each institution may purchase the type and amount of liability coverage deemed to best serve the interest of such institution.
(2) All retirement annuity allowances accrued or accruing to any employee of a state postsecondary educational institution through a retirement program sponsored by the state postsecondary educational institution are hereby exempt from any state, county, or municipal tax, and shall not be subject to execution, attachment, garnishment, or any other process whatsoever, nor shall any assignment thereof be enforceable in any court. Except retirement benefits accrued or accruing to any employee of a state postsecondary educational institution through a retirement program sponsored by the state postsecondary educational institution on or after January 1, 1998, shall be subject to the tax imposed by KRS § 141.020, to the extent provided in KRS § 141.010 and KRS § 141.0215.
(3) Except as provided in KRS Chapter 44, the purchase of liability insurance for members of governing boards, faculty and staff of institutions of higher education in this state shall not be construed to be a waiver of sovereign immunity or any other immunity or privilege.
(4) The governing board of each state postsecondary education institution is authorized to provide a self-insured employer group health plan to its employees, which plan shall:
(a) Conform to the requirements of Subtitle 32 of KRS Chapter 304; and
(b) Except as provided in subsection (5) of this section, be exempt from conformity with Subtitle 17A of KRS Chapter 304.
(5) A self-insured employer group health plan provided by the governing board of a state postsecondary education institution to its employees shall comply with:
(a) KRS § 304.17A-163 and KRS § 304.17A-1631; (b) KRS § 304.17A-265;
(c) KRS § 304.17A-261; and
(d) KRS § 304.17A-262.
Effective: January 1, 2025
History: Amended 2023 Ky. Acts ch. 30, sec. 6, effective January 1, 2025; and ch. 86, sec. 7, effective June 29, 2023. — Amended 2022 Ky. Acts ch. 19, sec. 11, effective January 1, 2023. — Amended 1997 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 91, effective May 30, 1997. — Amended 1995 (2d Extra. Sess.) Ky. Acts ch. 1, sec. 7, effective April 28, 1995. — Amended 1988 Ky. Acts ch. 282, sec. 7, effective July
15, 1988. — Amended 1986 Ky. Acts ch. 235, sec. 1, effective July 15, 1986. — Created 1978 Ky. Acts ch. 347, sec. 1, effective June 17, 1978.
Legislative Research Commission Note (1/1/2025). 2023 Ky. Acts ch. 30, sec. 7, provides that the amendments to this statute in that Act shall apply to policies, certificates, plans, and contracts issued or renewed on or after January 1, 2025.
Legislative Research Commission Note (1/1/2025). This statute was amended by 2023
Ky. Acts chs. 30 and 86, which do not appear to be in conflict and have been codified together.
Legislative Research Commission Note (6/29/2023). This statute was amended by 2023
Ky. Acts ch. 86, sec. 7. Section 8 of that Act provides that the Act applies to health insurance policies in effect on or after June 29, 2023, and to health insurance policies issued, delivered, or renewed on or after June 29, 2023.
Legislative Research Commission Note (1/1/2023). 2022 Ky. Acts ch. 19, sec. 13, provides that the amendments made to this statute shall apply to health plans delivered, issued for delivery, or renewed on or after January 1, 2023.
(2) All retirement annuity allowances accrued or accruing to any employee of a state postsecondary educational institution through a retirement program sponsored by the state postsecondary educational institution are hereby exempt from any state, county, or municipal tax, and shall not be subject to execution, attachment, garnishment, or any other process whatsoever, nor shall any assignment thereof be enforceable in any court. Except retirement benefits accrued or accruing to any employee of a state postsecondary educational institution through a retirement program sponsored by the state postsecondary educational institution on or after January 1, 1998, shall be subject to the tax imposed by KRS § 141.020, to the extent provided in KRS § 141.010 and KRS § 141.0215.
Terms Used In Kentucky Statutes 164.2871 v2
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- governing board: means the board of trustees for the University of Kentucky or the University of Louisville, the board of regents for a comprehensive university, or the board of regents for 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
- 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.
(3) Except as provided in KRS Chapter 44, the purchase of liability insurance for members of governing boards, faculty and staff of institutions of higher education in this state shall not be construed to be a waiver of sovereign immunity or any other immunity or privilege.
(4) The governing board of each state postsecondary education institution is authorized to provide a self-insured employer group health plan to its employees, which plan shall:
(a) Conform to the requirements of Subtitle 32 of KRS Chapter 304; and
(b) Except as provided in subsection (5) of this section, be exempt from conformity with Subtitle 17A of KRS Chapter 304.
(5) A self-insured employer group health plan provided by the governing board of a state postsecondary education institution to its employees shall comply with:
(a) KRS § 304.17A-163 and KRS § 304.17A-1631; (b) KRS § 304.17A-265;
(c) KRS § 304.17A-261; and
(d) KRS § 304.17A-262.
Effective: January 1, 2025
History: Amended 2023 Ky. Acts ch. 30, sec. 6, effective January 1, 2025; and ch. 86, sec. 7, effective June 29, 2023. — Amended 2022 Ky. Acts ch. 19, sec. 11, effective January 1, 2023. — Amended 1997 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 91, effective May 30, 1997. — Amended 1995 (2d Extra. Sess.) Ky. Acts ch. 1, sec. 7, effective April 28, 1995. — Amended 1988 Ky. Acts ch. 282, sec. 7, effective July
15, 1988. — Amended 1986 Ky. Acts ch. 235, sec. 1, effective July 15, 1986. — Created 1978 Ky. Acts ch. 347, sec. 1, effective June 17, 1978.
Legislative Research Commission Note (1/1/2025). 2023 Ky. Acts ch. 30, sec. 7, provides that the amendments to this statute in that Act shall apply to policies, certificates, plans, and contracts issued or renewed on or after January 1, 2025.
Legislative Research Commission Note (1/1/2025). This statute was amended by 2023
Ky. Acts chs. 30 and 86, which do not appear to be in conflict and have been codified together.
Legislative Research Commission Note (6/29/2023). This statute was amended by 2023
Ky. Acts ch. 86, sec. 7. Section 8 of that Act provides that the Act applies to health insurance policies in effect on or after June 29, 2023, and to health insurance policies issued, delivered, or renewed on or after June 29, 2023.
Legislative Research Commission Note (1/1/2023). 2022 Ky. Acts ch. 19, sec. 13, provides that the amendments made to this statute shall apply to health plans delivered, issued for delivery, or renewed on or after January 1, 2023.