200 KAR 12:030. Computing compensation due a state employee after adjudicated penalization

Link to law: http://www.lrc.ky.gov/kar/200/012/030.htm
Published: 2015

      200 KAR 12:030.

Computing compensation due a state employee after adjudicated penalization.

 

      RELATES TO: KRS

Chapter 18A

      STATUTORY

AUTHORITY: KRS 18A.105

      NECESSITY,

FUNCTION, AND CONFORMITY: This administrative regulation repeals 200 KAR

12:010, relating to the calculation of compensation due a state employee

following the Personnel Board's or a court's adjudication of an appealed

personnel action. This administrative regulation also establishes a modified

procedure for calculating the foregoing compensation. Furthermore, this

administrative regulation repeals 200 KAR 6:035, pertaining to the leasing of

real property on behalf of various state agencies. The provisions of that

administrative regulation have been codified under KRS 56.830.

 

      Section 1. Definitions.

The following terms, words or phrases shall have the meaning assigned herein,

unless the context indicates otherwise:

      (1)

"Adjudicated penalization" shall include, but not be limited to, the

demotion, dismissal, suspension, fine or any other personnel action for which,

after appeal, an employee is ordered either by the Personnel Board or by a

court of competent jurisdiction to be reinstated to his former position or like

position without loss of pay.

      (2)

"Corrective dates or corrective period" are synonymous terms for the

period between the date of adjudicated penalization or removal from the payroll

and the date of reinstatement to a former position or a position of like status

and pay as provided by KRS 18A.095.

      (3) "Gross

pay" means the gross amount of pay which an employee would have earned

during the corrective period.

 

      Section 2. Time

of Payment. When the Personnel Board or a court of competent jurisdiction has

ordered an employee reinstated to his former position or a like position without

loss of pay, the appointing authority shall within a reasonable time thereafter

cause the amount of compensation to which such employee is entitled for the

corrective period to be calculated as provided in this administrative

regulation.

 

      Section 3. Calculation

of Gross Pay. (1) Calculation of gross pay shall be limited to the amount of

gross salary or wages which would have been earned by the employee during the

corrective period. If the employee dies or becomes permanently and totally

disabled for the performance of duties of the position to which he is entitled

to be reinstated prior to his reinstatement, the date of death or the date of

total disability shall be deemed to be the last date to which such employee

shall be entitled to be paid. In the case of a permanently and totally disabled

employee, the last date may be extended by the number of days of sick or annual

leave days accrued and to which he is entitled as provided in Section 7 of this

administrative regulation.

      (2) Gross pay

for a full-time employee shall be based on the following:

      (a) The grade,

classification and monthly pay rate in effect at the time of the adjudicated

penalization, plus;

      (b) Changes in

classification in employee's position or the pay rate by reason of wage

surveys, administrative action or legislation;

      (c) Allowable

increments for which the employee could have been considered eligible by the

appointing authority during the corrective period;

      (d) Any other

changes which would affect the amount of compensation which the employee would

otherwise have received if the adjudicated penalization had not occurred.

      (3) Part-time

employees shall be entitled to all pay increases applicable to full-time

employees as set out in paragraph (2) of this subsection, if such employee would

otherwise have been eligible to receive them during the corrective period under

the administrative regulations of the Department of Personnel.

      (4) Gross pay

for a part-time employee shall be determined by one (1) of the following

methods:

      (a) Averaging

the number of hours worked by other employees of the agency in the same

locality under the same type of appointment, performing the same kind of work

that the employee would have performed during the corrective period;

      (b) Averaging

the hours per week the employee worked during the calendar year preceding the

adjudicated penalization.

      (5) An employee

demoted in grade, and consequently, ordered reinstated to his former position

or to a position of like status and pay pursuant to KRS 18A.095, shall be eligible

to be paid the difference in salary that he would have earned at his former pay

rate and the salary that he earned at the pay rate to which he was demoted for

all the entire period of his demotion.

 

      Section 4.

Retirement Calculations. (1) Employer and employee contributions to the

Kentucky Employees' Retirement System shall be calculated on the basis of the

employee's gross pay. Reductions in the amount due the retirement system shall

be made if a portion of these costs were paid during the corrective period, as

in the case of a demoted employee.

      (2) An employee

ordered reinstated by the Personnel Board or a court of competent jurisdiction

and who has previously withdrawn his contributions to the retirement system,

may elect after reinstatement, to repay the amount withdrawn by deduction from

any compensation due him; or, if no compensation is due the employee, then the

employee may pay this amount by check. The appointing authority shall in any

event pay the employer's share of contributions to the retirement system plus

interest at the current legal rate on the employer-employee contributions

provided that the employer's share has not previously been paid to the system

during the corrective period.

 

      Section 5.

Setoff Income. (1) Except as provided in this subsection, the employee's gross

earnings from other employment during the corrective period, shall be setoff

against his gross pay as determined in Section 3 of this administrative

regulation, to the extent that this income was earned in a number of hours not

in excess of the hours the employee would have worked prior to the adjudicated

penalization. Furthermore, the income earned during the corrective period shall

not be setoff against an employee's gross earnings from other employment, if

the income was being earned prior to the corrective period.

      (2) In order to

determine an employee's gross earnings from other employment during the

corrective period, the employee shall furnish the appointing authority with an

employee's affidavit, on that form to be provided by the Department of

Personnel stating the amounts and sources of all his income during the

corrective period.

      (3) The income,

property or assets of the spouse of the employee shall not be considered in

determining the amount of the employee's income to be setoff against the

employee's gross pay.

 

      Section 6.

Deductions. The appointing authority shall make deductions for the following:

      (a) Federal and

state income taxes;

      (b) Any

applicable local payroll and occupational license taxes;

      (c) Social Security

taxes required by federal and state laws and the applicable regulations of the

federal Internal Revenue Service, the Kentucky Revenue Cabinet, and Social

Security Administration; and

      (d) The amount

required to reimburse the state unemployment fund for those unemployment

compensation benefits received by the employee during the corrective period.

 

      Section 7.

Annual and Sick Leave. (1) The appointing authority shall calculate the number

of days of annual and sick leave that the employee would have accumulated

during the corrective period.

      (2) When an

employee has been ordered reinstated to his former position or a like position,

all annual leave and sick leave and compensatory time that the employee accrued

and for which he was not paid at the time of dismissal, shall be reinstated.

      (3) An employee

who does not desire to be reinstated, but who seeks only compensation, may be

paid for annual leave time which would have accrued to him during the

corrective period based on the Department of Personnel administrative

regulations governing the accumulation of annual leave time in effect during

the corrective period. (15 Ky.R. 1986; Am. 2149; eff. 3-8-89.)
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