164.2871 Liability insurance for governing board members, faculty, and staff --
460 words·~2 min read·
/ky/164-2871A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Retirement annuity allowances exemption -- Taxability after December 31,
1997 -- Purchase of insurance not waiver of immunity -- Self-insured employer
group health plan -- Special enrollment period for pregnancy.
(1)The governing board of each state postsecondary educational institution is
authorized to purchase liability insurance for the protection of the individual
members of the governing board, faculty, and staff of such institutions from liability
for acts and omissions committed in the course and scope of the individual's
employment or service. Each institution may purchase the type and amount of
liability coverage deemed to best serve the interest of such institution.
(2)All retirement annuity allowances accrued or accruing to any employee of a state
postsecondary educational institution through a retirement program sponsored by
the state postsecondary educational institution are hereby exempt from any state,
county, or municipal tax, and shall not be subject to execution, attachment,
garnishment, or any other process whatsoever, nor shall any assignment thereof be
enforceable in any court. Except retirement benefits accrued or accruing to any
employee of a state postsecondary educational institution through a retirement
program sponsored by the state postsecondary educational institution on or after
January 1, 1998, shall be subject to the tax imposed by KRS 141.020, to the extent
provided in KRS 141.010 and 141.0215.
(3)Except as provided in KRS Chapter 44, the purchase of liability insurance for
members of governing boards, faculty and staff of institutions of higher education
in this state shall not be construed to be a waiver of sovereign immunity or any
other immunity or privilege.
(4)The governing board of each state postsecondary education institution is authorized
to provide a self-insured employer group health plan to its employees, which plan
shall:
(a)Conform to the requirements of Subtitle 32 of KRS Chapter 304; and
(b)Except as provided in subsection
(5)of this section, be exempt from
conformity with Subtitle 17A of KRS Chapter 304.
(5)A self-insured employer group health plan provided by the governing board of a
state postsecondary education institution to its employees shall comply with:
(a)KRS 304.17A-129;
(b)KRS 304.17A-133;
(c)KRS 304.17A-145;
(d)KRS 304.17A-163 and 304.17A-1631;
(e)KRS 304.17A-261;
(f)KRS 304.17A-262;
(g)KRS 304.17A-264; and
(h)KRS 304.17A-265.
(a)A self-insured employer group health plan provided by the governing board of
a state postsecondary education institution to its employees shall provide a
special enrollment period to pregnant women who are eligible for coverage in
accordance with the requirements set forth in KRS 304.17-182.
(b)The governing board of a state postsecondary education institution shall, at or
before the time an employee is initially offered the opportunity to enroll in the
plan or coverage, provide the employee a notice of the special enrollment
rights under this subsection.