KRS 164.5805: Transfer of assets, liabilities, and staff positions of Kentucky Tech System

-- Employee benefits and salaries of transferred employees -- Rules governing

transferred employees.

(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 Col lege 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 postsecond ary

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 rais ed 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 proc ess 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 Teacher s' 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 t he 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.