{"data":{"id":"us-ky/krs-31.045","jurisdiction":"us-ky","citation":"KRS 31.045","heading":"Transfer of employees of the Louisville and Jefferson County Public","body":"Defender Corporation to the department -- Compensation -- Status -- Benefits\n-- Transfer of property and assets.\n(1) (a) Effective July 1, 2024, employees of the Louisville and Je fferson County\nPublic Defender Corporation shall be transferred to the Department of Public\nAdvocacy within the Justice and Public Safety Cabinet.\n(b) On or before April 30, 2024, the Department of Public Advocacy shall notify\neach employee of the Louisvil le and Jefferson County Public Defender\nCorporation of the position comparable to their existing position, if one exists,\nor another position within the Department of Public Advocacy to which he or\nshe may transfer on July 1, 2024.\n(c) No later than May 31, 2024, the Department of Public Advocacy shall submit\nto the Personnel Cabinet a list of all employees who will transfer from the\nLouisville and Jefferson County Public Defender Corporation to the\ndepartment along with records of each employee's job class ification,\ncompensation, dates of employment, dates of professional licensure,\nprobationary status, accumulated leave balances by category, months of\nservice, and any other information necessary under KRS Chapter 18A.\n(d) The Personnel Cabinet shall assist  the Department of Public Advocacy in\nimplementing this section.\n(2) An employee transferred pursuant to subsection (1) of this section shall:\n(a) Be compensated by the Department of Public Advocacy at a salary no less\nthan his or her salary in effect with the Louisville and Jefferson County Public\nDefender Corporation as of April 30, 2024, except an employee who is\nscheduled to complete employment probation as provided under subsection\n(3) of this section between May 1, 2024, and July 1, 2024, shall be\ncompensated at a salary no less than his or her salary after completion of\nprobation; and\n(b) 1. Retain his or her leave time balances accumulated as of the employee's\nlast date of employment with the Louisville and Jefferson County Public\nDefender Corporation.\n2. For any accumulated leave in a category that is different from a type of\nleave available to state employees under KRS Chapter 18A, the\nPersonnel Cabinet shall determine which type of leave to convert the\ntransferred leave.\n3. When computing months of service for the purpose of determining leave\ntime accumulation for an employee transferred under subsection (1) of\nthis section, the employee's service begins on the earlier of the date of\ninitial employment with the Louisville and Jefferson County Public\nDefender Corporation or the date of employment with a state agency.\n(3) Notwithstanding KRS 18A.111, employees transferred pursuant to subsection (1) of\nthis section:\n(a) Who are appointed to classified positions within the Department of Public\nAdvocacy and who are not on employment probation with the Louisville and\nJefferson County Public Defender Corporation as of the date of transfer to the\nDepartment of Public Advocacy shall be appointed with status as defined in\nKRS 18A.005 without an initial probationary period; and\n(b) Who are appointed to classified positions within the Department of Public\nAdvocacy and who are on employment probation with the Louisville and\nJefferson County Public Defender Corporation as of the date of transfer to the\nDepartment of Publi c Advocacy shall be subject to an initial probationary\nperiod which shall terminate on the date probation was originally scheduled to\nterminate with the Louisville and Jefferson County Public Defender\nCorporation or six (6) months after the date of transfe r to the Department of\nPublic Advocacy, whichever is earlier.\nThe Department of Public Advocacy shall include the probationary status and\nscheduled probation termination of each employee in its list of employees\nsubmitted to the Personnel Cabinet pursuant to subsection (1) of this section.\n(4) Employees transferred pursuant to subsection (1) of this section shall be eligible to\nparticipate in the state -sponsored life and health insurance benefit programs\nadministered by the Personnel Cabinet under KRS Chap ter 18A. Employees shall\nbe eligible for coverage under the life and health insurance programs effective July\n1, 2024, and shall not be subject to any waiting period that may be otherwise\napplicable to participation in these programs.\n(5) (a) Employees tra nsferred pursuant to subsection (1) of this section shall\nparticipate in the Kentucky Employees Retirement System as nonhazardous\nmembers pursuant to KRS 61.510 to 61.705.\n(b) For purposes of KRS 61.510 to 61.705, the membership date of an employee\ntransferred pursuant to subsection (1) of this section shall be the earlier of:\n1. The date upon which the employee began participating in the Kentucky\nEmployees Retirement System, State Police Retirement System, County\nEmployees Retirement System, or other state -administered retirement\nsystem; or\n2. The date the employee began employment with the Louisville and\nJefferson County Public Defender Corporation.\n(6) Notwithstanding KRS Chapter 45, 45A, 56, 65, 67, 67C, or 273, or any other\nprovision of law to the contrary:\n(a) Any lease in the name of the Louisville and Jefferson County Public Defender\nCorporation in effect on June 30, 2024, relating to real property, equipment,\ngoods, or other property, and any contract to which the Louisville and\nJefferson County Public Defender Corporation is a party in effect on June 30,\n2024, shall be transferred to the Department of Public Advocacy effective\nJuly 1, 2024, to the extent such leases or contracts are transferable or\nassignable;\n(b) A lease or contract transferred to a nd assumed by the Department of Public\nAdvocacy under paragraph (a) of this subsection shall remain in place until its\ndate of expiration or termination, whichever occurs first; and\n(c) Any equipment, goods, or other property owned in the name of the Louis ville\nand Jefferson County Public Defender Corporation may be transferred to the\nDepartment of Public Advocacy, and any such equipment, goods, or property\nso transferred by the Louisville and Jefferson County Public Defender\nCorporation shall be assumed an d retained by the Department of Public\nAdvocacy for use in Jefferson County and shall not be subject to transfer to\nother divisions or departments within the Justice and Public Safety Cabinet or\ncabinets within the executive branch of state government without the approval\nof the public advocate.\n(7) The transfer of personnel and any assets from Louisville and Jefferson County\nPublic Defender Corporation to the Department of Public Advocacy pursuant to this\nsection shall not create a parent and subsidiary re lationship, agency relationship, or\nany relationship under a respondeat superior theory or any other similar theory,\neither before or after the effective date of the transfer. The Department of Public\nAdvocacy shall not be liable for any damages, losses, o r injuries as the result of an\nact, omission, or negligence by the Louisville and Jefferson County Public\nDefender Corporation, its board of directors, officers, employees, agents,\ncontractors, or any other person carrying out the mission of the Louisville  and\nJefferson County Public Defender Corporation. Claims made against the Louisville\nand Jefferson County Public Defender Corporation shall not be the responsibility of\nthe Department of Public Advocacy, the insurer of any insurance policy maintained\nby the Department of Public Advocacy, or the Office of Claims and Appeals.","path":["KRS Chapter 31"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54581","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:50Z","sha256":"2a44d0462ab63011d1645a9228fc45fc9771b999a292d0b1b8fe5a1755e3a82f","source_id":"us-ky","stale":false,"prev":"us-ky/krs-31.040","next":"us-ky/krs-31.050"},"notice":"GroundRules: Original legal text. Not legal advice."}