78.5302 Duties of county attorney as employer.
269 words·~1 min read·
/ky/chapter-78/78-5302A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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 subject 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, shall 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 determination, 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 the 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.