Kentucky Administrative Regulations › Title 105 - KENTUCKY PUBLIC PENSION AUTHORITY › Chapter 1 - General Rules › Section 105 KAR 1:250 - Participation of county attorney employees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				61.685,
				78.5302
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.645(9)(e) requires the
				board to promulgate administrative regulations necessary or proper to carry out
				the provisions of
				KRS
				78.510 to
				78.852.
				This administrative regulation sets out the procedures for determining
				membership in either the Kentucky Employees Retirement System or County
				Employees Retirement System for each employee of a county attorney who is paid
				from any source of funds outside the control of the fiscal court, urban-county
				government, or Prosecutors Advisory Council.
Section 1. Submission of Form by County
			 Attorney. For each employee paid in whole or in part from any funds outside the
			 control of the fiscal court, urban-county government, or Prosecutors Advisory
			 Council, the county attorney shall complete and submit a Form 2110, Retirement
			 System Determination - County Attorney Employees, to the retirement office. The
			 county attorney shall submit the form on or before the date the first
			 contributions are reported on each employee or prior to the employee assuming
			 the new job function and duties, which causes the employee's participation in a
			 retirement system to change between the County Employees Retirement System and
			 Kentucky Employees Retirement System.
Section
			 2. Procedures for Determining Membership. The county attorney
			 shall determine the system in which each employee shall participate based on
			 the following:
(1) For an employee
			 participating in the County Employees Retirement System or Kentucky Employees
			 Retirement System, the county attorney shall continue to make the required
			 contributions for creditable compensation paid to the employee, in whole or in
			 part, from any funds outside the control of the fiscal court, urban-county
			 government, or Prosecutors Advisory Council, to the system in which the
			 employee is participating unless the employee experiences a modification in job
			 function such that the employee's duties are more appropriately related to
			 participation in a different system pursuant to
			 KRS
			 78.5302(2).
(2) The employee shall participate in the
			 Kentucky Employees Retirement System if a majority of the employee's job
			 function is related to the prosecutorial duties of the county attorney's
			 office. The employee shall participate in the County Employees Retirement
			 System if a majority of the employee's job function is related to the civil
			 legal representation of the fiscal court and other county officials.
(3) For those employees whose time is spent
			 performing duties related to child support collection cases, whether criminal
			 or civil, the employee shall participate in the retirement system that the
			 county attorney has selected for child support enforcement employees consistent
			 with the funding and operational methods of the county attorney's
			 office.
(4) For purposes of this
			 section, prosecutorial duties shall include duties and functions related to the
			 prosecution of criminal cases in the district or circuit courts of the
			 Commonwealth. Civil legal representation shall include duties and functions
			 related to the representation of the fiscal court, its officers or employees,
			 or other elected county officers in any civil or administrative proceeding in
			 state or federal courts and administrative agencies.