KRS 61.520: Participation determined by board and fixed by executive order --

Authority for order.

(1) Each department determined by the board to be eligible and qualified for

participation shall participate in the system when the Governor by appropriate

executive order, the authority to issue such executive order being granted,

directs such department to participate in the system. The effective date of such

participation shall be determined by the board and fixed by the Governor in his

executive order.

(2) (a) Notwithstanding the provisions of subsection (1) of this section, the

Governor is authorized to permit any state college or university, which he

directs by appropriate executive order to participate in the system after

January 1, 1972, to include its noninstructional employees in the

membership of the system while excluding the instructional employees of

the state college or university from membership.

(b) All employees of an agency participating under authority of paragraph (a)

of this subsection shall be considered noninstructional employees except

the members of the instructional staff as defined in KRS 61.510.

(3) All executive orders issued under authority of this section since July 1, 1956,

are hereby ratified by the General Assembly and each participating and

contributing department, board, agency, corporation, board for mental health or

individuals with an intellectual disability, or entity participating since that date

under such executive order is hereby declared to be a participating department

under the Kentucky Employees Retirement System.

(4) Except as provided by KRS 61.522:

(a) Once a department participates it shall continue to participate as long as

it remains qualified; and

(b) Any position initially required to participate in the Kentucky Employees

Retirement System shall continue to participate as long as the position

exists.