Last Action | 04/09/24: signed by Governor (Acts Ch. 143) |
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Title | AN ACT relating to the public defender system and declaring an emergency. |
Bill Documents |
Acts Chapter 143
Current/Final Introduced |
Fiscal Impact Statements |
Actuarial Analysis
Fiscal Note Additional Fiscal Impact Statements Exist |
Bill Request Number | 424 |
Sponsor | J. Nemes |
Summary of Enacted Version | Amends KRS 15A.020 to add new divisions to the organization of the Department of Public Advocacy (DPA); amends KRS 18A.115 to transfer the employees of the Louisville and Jefferson County Public Defender Corporation (Louisville Metro Public Defender) to the state personnel system; creates a new section of KRS Chapter 31 to transfer employees of Louisville Metro Public Defender to DPA on July 1, 2024, to provide employment and retirement benefits to the transferred employees based on their employment date with the Louisville Metro Public Defender, to define “membership date” for Louisville Metro Public Defender employees transferring to the Kentucky Employees Retirement System (KERS), to transfer leases and contracts in the name of the Louisville Metro Public Defender to DPA, and to waive liability of DPA under any legal theory or for any act, omission, or negligence by or on behalf of the Louisville Metro Public Defender; amends KRS 61.510 to change the definition of “membership date” in KERS as applied to Louisville Metro Public Defender employees transferring to DPA; and provides that the Act be RETROACTIVE to employees of the Louisville Metro Public Defender hired to leadership or supervisory roles within DPA between October 1, 2023, and July 1, 2024; EMERGENCY. |
Summary of Original Version | Create a new section of KRS Chapter 31 to transfer employees of the Louisville and Jefferson County Public Defender Corporation (Louisville Metro Public Defender) to the Department of Public Advocacy (DPA) on July 1, 2024, and to provide employment and retirement benefits to the transferred employees based on their employment date with the Louisville Metro Public Defender; define "membership date" for Louisville Metro Public Defender employees transferring to the Kentucky Employees Retirement System (KERS); create past service purchase exceptions for transferred employees participating in a state-administered retirement system prior to January 1, 2014, or employed by the Louisville Metro Public Defender prior to January 1, 2014 (Tier 1 and Tier 2 only); create a one-year window between July 1, 2024, and July 1, 2025, for transferred employees (Tier 1 and Tier 2) to purchase service with the Louisville Metro Public Defender without the requirement to be vested in KERS; require past years of service purchased by transferred employees to be used to determine eligibility for and the amount of retirement benefits, including disability and early retirement, and health benefits under KRS 61.702 or 78.5536, except the health insurance benefits for this service purchase will be subject to funding of the actuarial cost of the benefit in the executive branch budget; transfer leases and contracts in the name of the Louisville Metro Public Defender to DPA, and waive liability of DPA under any legal theory or for any act, omission, or negligence by or on behalf of the Louisville Metro Public Defender; amend KRS 15A.020 to add new divisions to the organization of DPA; amend KRS 18A.115 to transfer the employees of the Louisville Metro Public Defender to the state personnel system; amend KRS 61.510 to change the definition of "membership date" in KERS as applied to Louisville Metro Public Defender employees transferring to DPA; amend KRS 61.552 allow DPA to pay a portion of the cost for the purchase of service with the Louisville Public Defender by transferred employees (Tier 1 or Tier 2) who purchase the service credit before July 1, 2025, subject to funding in the executive branch budget, and make conforming changes; amend KRS 61.557 to conform; provide that the Act will be RETROACTIVE to employees of the Louisville Metro Public Defender hired to leadership or supervisory roles within DPA between October 1, 2023, and July 1, 2024; EMERGENCY. |
Index Headings of Original Version |
Effective Dates, Emergency - Department of Public Advocacy, transfer of employees of the Louisville Metro Public Defender Personnel and Employment - Department of Public Advocacy, transfer of employees of the Louisville Metro Public Defender Fiscal Note - Kentucky Employees Retirement System transfer of employees of the Louisville Metro Public Defender Public Advocate - Louisville Metro Public Defender's Office, transition to the Department of Public Advocacy Reorganization - Justice and Public Safety Cabinet, Department of Public Advocacy Retirement and Pensions - Benefits, transfer of employees of the Louisville Metro Public Defender Retirement and Pensions - KERS, participation of former employees of the Louisville Metro Public Defender State Agencies - Department of Public Advocacy, transfer of employees of the Louisville Metro Public Defender Retroactive Legislation - Louisville Metro Public Defender's Office, leadership employees, transferring to DPA Attorneys - Louisville Metro Public Defender's Office, transition to the Department of Public Advocacy Actuarial Analysis - Louisville Metro Public Defender's Office, transition to the Department of Public Advocacy Actuarial Analysis - Kentucky Employees Retirement System transfer of employees of the Louisville Metro Public Defender Fiscal Note - Louisville Metro Public Defender's Office, transition to the Department of Public Advocacy |
Jump to Proposed Amendments | House Committee Substitute 1 with Fiscal Impact Statements |
Votes | Vote History |
01/16/24 |
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02/06/24 |
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02/08/24 |
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02/09/24 |
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02/23/24 |
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02/27/24 |
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02/28/24 |
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02/29/24 |
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03/04/24 |
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03/14/24 |
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03/15/24 |
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03/25/24 |
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03/26/24 |
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03/27/24 |
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03/28/24 |
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04/09/24 |
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Amendment | House Committee Substitute 1 |
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Fiscal Impact Statements |
Actuarial Analysis to House Committee Substitute 1
Fiscal Note to House Committee Substitute 1 |
Summary | Retain original provisions, except remove changes that would require years of service with the Louisville Public Defender to be used to determine eligibility for retirement benefits and for health benefits under KRS 61.702 or 78.5536, and that would provide that the cost of health insurance benefits for past service be subject to funding in the executive branch KRS 61.552 changes regarding past service purchases. |
Index Headings |
Personnel and Employment - Department of Public Advocacy, transfer of employees of the Louisville Metro Public Defender Public Advocate - Louisville Metro Public Defender's Office, transition to the Department of Public Advocacy Retirement and Pensions - Kentucky Employees Retirement System, transfer of employees of the Louisville Metro Public Defender State Agencies - Department of Public Advocacy, transfer of employees of the Louisville Metro Public Defender Attorneys - Louisville Metro Public Defender's Office, transition to the Department of Public Advocacy |
Last updated: 9/26/2024 1:37 PM (EDT)