KRS § 31.045 — KY Code / Title IV / Chapter 31 / Section 31.045
31.045 Transfer of employees of the Louisville and Jefferson County Public Defender Corporation to the department -- Compensation -- Status -- Benefits -- Transfer of property and assets
Status: in_force

31.045 Transfer of employees of the Louisville and Jefferson County Public

Defender Corporation to the department -- Compensation -- Status -- Benefits

-- Transfer of property and assets.

(1) (a) Effective July 1, 2024, employees of the Louisville and Jefferson County

Public Defender Corporation shall be transferred to the Department of Public

Advocacy within the Justice and Public Safety Cabinet.

(b) On or before April 30, 2024, the Department of Public Advocacy shall notify

each employee of the Louisville and Jefferson County Public Defender

Corporation of the position comparable to their existing position, if one exists,

or another position within the Department of Public Advocacy to which he or

she may transfer on July 1, 2024.

(c) No later than May 31, 2024, the Department of Public Advocacy shall submit

to the Personnel Cabinet a list of all employees who will transfer from the

Louisville and Jefferson County Public Defender Corporation to the

department along with records of each employee's job classification,

compensation, dates of employment, dates of professional licensure,

probationary status, accumulated leave balances by category, months of

service, and any other information necessary under KRS Chapter 18A.

(d) The Personnel Cabinet shall assist the Department of Public Advocacy in

implementing this section.

(2) An employee transferred pursuant to subsection (1) of this section shall:

(a) Be compensated by the Department of Public Advocacy at a salary no less

than his or her salary in effect with the Louisville and Jefferson County Public

Defender Corporation as of April 30, 2024, except an employee who is

scheduled to complete employment probation as provided under subsection

(3) of this section between May 1, 2024, and July 1, 2024, shall be

compensated at a salary no less than his or her salary after completion of

probation; and

(b) 1. Retain his or her leave time balances accumulated as of the employee's

last date of employment with the Louisville and Jefferson County Public

Defender Corporation.

2. For any accumulated leave in a category that is different from a type of

leave available to state employees under KRS Chapter 18A, the

Personnel Cabinet shall determine which type of leave to convert the

transferred leave.

3. When computing months of service for the purpose of determining leave

time accumulation for an employee transferred under subsection (1) of

this section, the employee's service begins on the earlier of the date of

initial employment with the Louisville and Jefferson County Public

Defender Corporation or the date of employment with a state agency.

(3) Notwithstanding KRS 18A.111, employees transferred pursuant to subsection (1) of

this section:

(a) Who are appointed to classified positions within the Department of Public

Advocacy and who are not on employment probation with the Louisville and

Jefferson County Public Defender Corporation as of the date of transfer to the

Department of Public Advocacy shall be appointed with status as defined in

KRS 18A.005 without an initial probationary period; and

(b) Who are appointed to classified positions within the Department of Public

Advocacy and who are on employment probation with the Louisville and

Jefferson County Public Defender Corporation as of the date of transfer to the

Department of Public Advocacy shall be subject to an initial probationary

period which shall terminate on the date probation was originally scheduled to

terminate with the Louisville and Jefferson County Public Defender

Corporation or six (6) months after the date of transfer to the Department of

Public Advocacy, whichever is earlier.

The Department of Public Advocacy shall include the probationary status and

scheduled probation termination of each employee in its list of employees

submitted to the Personnel Cabinet pursuant to subsection (1) of this section.

(4) Employees transferred pursuant to subsection (1) of this section shall be eligible to

participate in the state-sponsored life and health insurance benefit programs

administered by the Personnel Cabinet under KRS Chapter 18A. Employees shall

be eligible for coverage under the life and health insurance programs effective July

1, 2024, and shall not be subject to any waiting period that may be otherwise

applicable to participation in these programs.

(5) (a) Employees transferred pursuant to subsection (1) of this section shall

participate in the Kentucky Employees Retirement System as nonhazardous

members pursuant to KRS 61.510 to 61.705.

(b) For purposes of KRS 61.510 to 61.705, the membership date of an employee

transferred pursuant to subsection (1) of this section shall be the earlier of:

1. The date upon which the employee began participating in the Kentucky

Employees Retirement System, State Police Retirement System, County

Employees Retirement System, or other state-administered retirement

system; or

2. The date the employee began employment with the Louisville and

Jefferson County Public Defender Corporation.

(6) Notwithstanding KRS Chapter 45, 45A, 56, 65, 67, 67C, or 273, or any other

provision of law to the contrary:

(a) Any lease in the name of the Louisville and Jefferson County Public Defender

Corporation in effect on June 30, 2024, relating to real property, equipment,

goods, or other property, and any contract to which the Louisville and

Jefferson County Public Defender Corporation is a party in effect on June 30,

2024, shall be transferred to the Department of Public Advocacy effective

July 1, 2024, to the extent such leases or contracts are transferable or

assignable;

(b) A lease or contract transferred to and assumed by the Department of Public

Advocacy under paragraph (a) of this subsection shall remain in place until its

date of expiration or termination, whichever occurs first; and

(c) Any equipment, goods, or other property owned in the name of the Louisville

and Jefferson County Public Defender Corporation may be transferred to the

Department of Public Advocacy, and any such equipment, goods, or property

so transferred by the Louisville and Jefferson County Public Defender

Corporation shall be assumed and retained by the Department of Public

Advocacy for use in Jefferson County and shall not be subject to transfer to

other divisions or departments within the Justice and Public Safety Cabinet or

cabinets within the executive branch of state government without the approval

of the public advocate.

(7) The transfer of personnel and any assets from Louisville and Jefferson County

Public Defender Corporation to the Department of Public Advocacy pursuant to this

section shall not create a parent and subsidiary relationship, agency relationship, or

any relationship under a respondeat superior theory or any other similar theory,

either before or after the effective date of the transfer. The Department of Public

Advocacy shall not be liable for any damages, losses, or injuries as the result of an

act, omission, or negligence by the Louisville and Jefferson County Public

Defender Corporation, its board of directors, officers, employees, agents,

contractors, or any other person carrying out the mission of the Louisville and

Jefferson County Public Defender Corporation. Claims made against the Louisville

and Jefferson County Public Defender Corporation shall not be the responsibility of

the Department of Public Advocacy, the insurer of any insurance policy maintained

by the Department of Public Advocacy, or the Office of Claims and Appeals.