102 KAR 1:330. Travel and
administrative expenses.
RELATES
TO: KRS 161.585
STATUTORY
AUTHORITY: KRS 161.585
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 161.585 requires the Board of Trustees of
Kentucky Teachers' Retirement System (KTRS) to promulgate an administrative
regulation to recover travel and administrative expenses incurred when KTRS
staff are required to produce records or provide testimony in response to a
duly issued subpoena. This administrative regulation establishes the procedures
to recover travel and administrative expenses incurred when KTRS staff are
required to produce records or provide testimony in response to a duly issued
subpoena.
Section
1. Definitions. (1) "Cabinet" means the Finance and Administration
Cabinet.
(2)
"High rate area" means a city, state, or metropolitan area in which
it has been recognized that higher meal costs and lodging rates have
historically prevailed and that has been designated by the secretary of the cabinet
as a high rate area.
(3)
"Receipt" means any preprinted invoice, from a hotel, motel,
restaurant, or other establishment, showing the date of service, the amount
charged for the service, the location where the service was performed, and a
description of the expenditure.
Section
2. (1) Any person or party who requests a subpoena requiring the personal
appearance of an employee of KTRS to appear in a court proceeding or at a
deposition or administrative hearing shall pay KTRS for the travel expenses of
the KTRS employee and KTRS' legal counsel, including:
(a)
The then prevailing mileage rate;
(b)
Parking and tolls;
(c)
Meals, if the employee is required to be away from his work station before,
during, or after working hours;
(d)
Lodging expenses, if necessary; and
(e)
The wages of the employee or legal counsel for the period he is required to be
away from his work station which shall be calculated by multiplying the hourly
rate of the employee or legal counsel by the number of hours each is required
to be away from his work station.
(2)
The mileage rate, meals, and lodging expenses, including those expenses
incurred in a high rate area, shall be billed or reimbursed in accordance with
the reimbursement rates established by the cabinet in 200 KAR 2:006.
(3)
KTRS shall send an estimated amount for the expenses to the person or party
requesting the subpoena.
(a)
The person or party shall forward payment for the estimated expenses prior to
the date of the appearance mandated by the subpoena.
(b)1.
KTRS shall forward an invoice with supporting receipts for any additional
expenses incurred by the employee or legal counsel or issue a refund for any
amount in excess of the estimated expenses.
2.
Any personal identifying information regarding the employee or legal counsel
shall be redacted from the receipt prior to its release.
(4)
Any person or party who requests a subpoena requiring the production of copies
of records or information in the custody of KTRS in standard hard copy format
shall pay KTRS a fee for production which shall include:
(a)
A copy charge of fifteen (15) cents per page;
(b)
Postage based upon the weight of the package; and
(c)
The wages of the employee required to compile or copy the requested records
calculated by multiplying the hourly rate of the employee by the number of
hours necessary to compile, copy, and collate the records or information.
(5)
Any person or party who requests a subpoena requiring the production of records
in the custody of KTRS in an electronic format which requires KTRS staff to
write a program to extrapolate the requested information from the member's
database to meet the specific request may recover staff costs at a rate of
twenty-five (25) dollars per hour.
(6)
KTRS shall notify the person or party of the fee in writing. The person or
party shall forward payment for the requested records prior to release of such
records by KTRS. (37 Ky.R. 609; Am. 1172; eff. 11-8-2010.)
