102 KAR 1:030. Substitute teachers and nonuniversity, noncommunity college part-time members

Link to law: http://www.lrc.ky.gov/kar/102/001/030.htm
Published: 2015

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      102 KAR 1:030. Substitute teachers and

nonuniversity, noncommunity college part-time members.

 

      RELATES TO: KRS 161.545, 161.5465, 161.600(1)(a),

(b), 161.612, 161.661(1)

      STATUTORY AUTHORITY: KRS 161.310(1),

161.545

      NECESSITY, FUNCTION, AND CONFORMITY: KRS

161.545 authorizes members of the Teachers' Retirement System to receive

service credit for substitute and part-time service, towards which contributions

were not otherwise made, only in accordance with trustee administrative

regulations. KRS 161.310(1) requires the Teachers' Retirement System Board of

Trustees to promulgate administrative regulations for the administration of the

funds of the retirement system and for the transaction of business. This

administrative regulation establishes the requirements for evaluating and

crediting that service, including balance of the year purchases.

 

      Section 1. A member substituting for at

least seven-tenths (7/10) of the legal school year for a local school district

or districts may make contributions for a full year and receive a full year of

service credit.

 

      Section 2. (1) A member, not employed by

a university, college or community college, who is employed part time and who

teaches or is paid on the basis of at least seven-tenths (7/10) of regular

full-time service may make contributions for the balance of the contract year.

      (2) Members who are employed on a

part-time basis after the start of a regular contract year shall not be

eligible to obtain service credit for any period of the contract year prior to

the date of their employment.

 

      Section 3. (1) Contributions for

substitute and part-time service pursuant to Section 1 or 2 of this administrative

regulation shall be based upon the equivalent annual contract salary and shall

be made by December 31 immediately following the year in which the service

occurred.

      (2) Interest charges of eight (8) percent

per annum shall be added to payments made after June 30 of the year that the

service occurred.

      (3) The total amount of service credit

that may be purchased pursuant to Sections 1 and 2 of this administrative

regulation shall not exceed five (5) years. Service purchased pursuant to

Sections 1 and 2 of this administrative regulation shall be included in

calculating the maximum of five (5) years of nonqualified service credit that

may be purchased in accordance with KRS 161.5465.

 

      Section 4. (1) Service credit for

substitute teaching and part-time employment rendered on or before June 30,

2002 and balance of the year purchases based on substitute teaching and part-time

employment provided prior to June 30, 2002, shall have been purchased on or

before December 31, 2002.

      (2) Service credit for substitute

teaching rendered on or before June 30, 2002 shall not be used for compliance

with minimum service requirements as set out in KRS 161.600(1)(a) and (b) and

161.661(1). (TRS-3(c); 1 Ky.R. 134; eff. 12-11-74; Am. 3 Ky.R. 376; eff.

12-1-76; 29 Ky.R. 2931; 30 Ky.R. 271; eff. 8-13-2003; 33 Ky.R. 3427; 34 Ky.R.

227; eff. 8-31-07.)