KRS 78.5302: Duties of county attorney as employer.

(1) Any county attorney who employs persons paid from the county attorney's

delinquent tax fees, from federal or state grant funds received for the county

attorney's delinquent child support collection responsibilities, or from any other

funding source not sub ject to the control of the fiscal court, urban -county

government, or Prosecutors Advisory Council, or any county attorney who

supplements the wages of a County Employees Retirement System or Kentucky

Employees Retirement System member from these sources, s hall participate as an

employer in the County Employees Retirement System or the Kentucky Employees

Retirement System in the manner prescribed in this section.

(2) It shall be the responsibility of each county attorney, participating as an employer in

the County Employees Retirement System or the Kentucky Employees Retirement

System, to determine membership in the appropriate retirement system for each

employee being paid in the manner described in subsection (1) of this section. In

making this determinatio n, the participating county attorney shall consider whether

the job function of each affected employee is related to the prosecutorial duties of

the county attorney's office and is therefore subject to Kentucky Employees

Retirement System membership, or th e legal representation of the fiscal court and

other county officers and is therefore subject to County Employees Retirement

System membership, and the county attorney shall certify the same to the board on

forms provided by the board. For persons already participating in the County

Employees Retirement System or the Kentucky Employees Retirement System,

whose wages are supplemented by the participating county attorney, the county

attorney shall make the required contributions for the supplementary wages to the

person's current retirement system.