KRS 18A.105: Compensation, retirement system contributions of employee ordered

reinstated without loss of pay.

(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 paym ent 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 rate s 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.