156.824 Payment of reinstated employee.
352 words·~2 min read·
/ky/chapter-156/156-824A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)When a certified, equivalent, or unclassified employee has been finally
ordered reinstated without loss of pay, pursuant to the provisions of KRS
156.822, the board shall forward a certified copy of the order to the
Department of Education. The department shall process proper payment to the
employee for the period of suspension, the payment to be made out of the
agency's appropriations. If no funds or insufficient funds are available in the
agency's appropriations, then payment shall be made out of the judgments
section of the general fund of the biennial state budget.
(b)Gross moneys which are earned by the employee from other sources during
the period of suspension shall set off against the gross sum due the employee,
to the extent that the moneys were earned in a number of hours comparable to
the length of time the employee would have worked in the previous job where
dismissal occurred. The commissioner of education shall by regulation
provide an administrative procedure for determining reasonable earnings to be
set off.
(c)All other deductions shall be deducted as required by law or by other state
regulation.
(a)Both the employee's and employer's contributions to the Kentucky Teachers'
Retirement System or the Kentucky Employees Retirement System shall be
based upon the gross amount due the employee, before set-off or deduction,
except for set-off caused by earnings on which employee and employer
contributions to the Kentucky Teachers' Retirement System or the Kentucky
Employees Retirement System have been paid.
(b)Member and employer contributions paid into the system in which the
employee participated after dismissal shall be transferred to the system in
which the employee participated prior to illegal dismissal. In the event of a
difference in member or employer contribution rates between the retirement
system under which the member was covered prior to dismissal and the
retirement system of participation before reinstatement by the board, the
member and employer shall pay or receive a refund in order to adjust their
respective contribution to the appropriate rate for the system under which the
employee would have participated if dismissal had not occurred.