Kentucky Statutes 18A.105 – Compensation, retirement system contributions of employee ordered reinstated without loss of pay
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(1) (a) 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.
(b) 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.
(c) All other deductions shall be deducted as required by law or by Finance and
Administration Cabinet regulation.
(2) (a) 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.
(b) 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.
Formerly codified as KRS § 18.275.
2022-2024 Budget Reference. See State/Executive Branch Budget, 2022 Ky. Acts ch.
199, Pt. I, C, 2, (1) at 1658.
(b) 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.
Terms Used In Kentucky Statutes 18A.105
- Board: means the Personnel Board created by KRS §. See Kentucky Statutes 18A.005
- branch budget: means an enactment by the General Assembly which provides appropriations and establishes fiscal policies and conditions for the biennial financial plan for the judicial branch, the legislative branch, and the executive branch, which shall include a separate budget bill for the Transportation Cabinet. See Kentucky Statutes 446.010
- Cabinet: means the Personnel Cabinet provided for in KRS §. See Kentucky Statutes 18A.005
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Employee: means a person regularly appointed to a position in the state service for which he or she is compensated on a full-time, part-time, or interim basis. See Kentucky Statutes 18A.005
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(c) All other deductions shall be deducted as required by law or by Finance and
Administration Cabinet regulation.
(2) (a) 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.
(b) 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.
Formerly codified as KRS § 18.275.
2022-2024 Budget Reference. See State/Executive Branch Budget, 2022 Ky. Acts ch.
199, Pt. I, C, 2, (1) at 1658.