102 KAR 1:330. Travel and administrative expenses

Link to law: http://www.lrc.ky.gov/kar/102/001/330.htm
Published: 2015

      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.)
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