KRS 196.167: Transfer of employees, property, and records associated with inmate

education from the Kentucky Community and Technical College System to the

department -- Employee benefits.

(1) Effective July 1, 2010, faculty and staff of the Kentucky Community and Technical

College System who:

(a) Are engaged in providing educational services and support to inmates at

institutions; and

(b) Exercise the option in subsection (4) of this section;

shall be transferred to the Department of Corrections along with the fun ding

associated with those employees. The Personnel Cabinet shall assist the department

in implementing the transfer of employees according to this section.

(2) Employees transferred pursuant to subsection (1) of this section shall retain:

(a) Their salaries and leave time balances accumulated as of the transfer date;

(b) For purposes of determining leave time accumulation, the date of initial

employment with a state agency or a postsecondary educational institution,

whichever is earlier; and

(c) For purpos es of calculating retirement and retiree health benefits and

contributions, the earlier of the date of initial participation in:

1. A state-administered retirement system if the employee has participated

or is participating in the Kentucky Employees Retire ment System or the

Kentucky Teachers' Retirement System; or

2. A defined contribution plan that meets requirements of 26 U.S.C. sec.

403(b), for employees of the Kentucky Community and Technical

College System.

Nothing in this paragraph shall be construed to provide additional service

credit for the employee prior to the transfer date other than what has been

credited to the appropriate retirement system.

(3) Employees exercising their option under subsection (4) of this section may elect to

be covered under KRS Chapter 18A and receive:

(a) All rights and benefits provided to other employees in the department; and

(b) Their choice of retirement benefits under:

1. The Kentucky Teachers' Retirement System; or

2. Hazardous duty retirement benefits under the Kentucky Employees

Retirement System with hazardous duty contributions and coverage

beginning July 1, 2010. The hazardous duty retirement benefits shall be

calculated in accordance with KRS 61.510 to 61.705.

(4) Employees of the Kentucky Community and Technical College System engaged in

providing educational services and support to inmates at institutions shall choose

whether to remain in their present employment and be assigned to the department to

continue providing these services, or become an employee of the department under

the terms of this section. Employees shall make their choice on or before June 15,

2010, and shall have access to counseling prior to June 15, 2010, by representatives

of the department, t he Kentucky Community and Technical College System,

applicable retirement systems, and the Personnel Cabinet concerning the effect that

choosing employment with the department would have on the employee. If an

employee does not make a choice on or before J une 15, 2010, that employee shall

be deemed to have chosen to exercise the option to become an employee of the

department with retirement benefits described in subsection (3)(b)2. of this section.

(5) Effective July 1, 2010, all instructional supplies, equ ipment, funds, and records of

the Kentucky Community and Technical College System associated with the

provision of educational services and support to inmates at institutions shall be

transferred to the department along with all financial and management ov ersight

responsibility and liability for these programs.