KRS 164.2871: 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 employer

group health plan -- Special enrollment period for pregnancy.

(Effective until January 1, 2027)

(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 inst itution 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 ac crued 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 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 b e 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 b oard of a

state postsecondary education institution to its employees shall comply with:

(a) KRS 304.17A-129;

(b) KRS 304.17A-133;

(c) KRS 304.17A-145;

(d) KRS 304.17A-163 and 304.17A-1631;

(e) KRS 304.17A-261;

(f) KRS 304.17A-262;

(g) KRS 304.17A-264; and

(h) KRS 304.17A-265.

(6) (a) A self-insured employer group health plan provided by the governing board of

a state postsecondary education institution to its employees shall provide a

special enrollment period to pregnant women who are eligible for coverage in

accordance with the requirements set forth in KRS 304.17-182.

(b) The governing board of a state postsecondary education institution shall, at or

before the time an employee is initially offered the opportunity to enroll in the

plan or coverage, provide the employee a notice of the special enrollment

rights under this subsection.

Effective: January 1, 2025