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Request By:

Hon. Robert O. Miller
County Judge/Executive
Courthouse Building
Murray, Kentucky 42071

Opinion

Opinion By: Steven L. Beshear, Attorney General; By: Patrick B. Kimberlin, III, Assistant Attorney General

This is in response to your recent letter wherein you ask our opinion as to whether the Governor of Kentucky has the authority to exempt a department or agency currently participating in the Kentucky Employes Retirement System (KERS) from such participation. You point out that effective October 15, 1976, the Kentucky Health Systems Agency-West, Inc. (KHSA-W), a private nonprofit corporation responsible for health planning in several western counties of the Commonwealth, was declared a "participating department" 1 in the KERS pursuant to Executive Order 76-1144 executed by then Governor Julian Carroll. However, the KHSA-W has since found that it has a high turnover rate among its employes which results in few of those employes ever becoming vested in the KERS. Therefore, the KHSA-W has inquired whether the Governor has the authority to exempt it by Executive Order, from continued participation in the KERS.


It is our opinion that the Governor of the Commonwealth of Kentucky does not have the authority to exempt by Executive Order a department of state government currently participating in the KERS from such participation. As a general rule the Governor has only such powers as are vested in him by the constitution and statutes enacted pursuant thereto.

Martin v. Chandler, Ky., 318 S.W.2d 40 (1958). KRS 61.520 establishes the authority and the manner by which the Governor may include a department or agency as a participating member in the KERS. But, we find nothing in that statute or anywhere else in Chapter 61 of the Kentucky Revised Statutes which would permit the Governor to exempt a participating department from such coverage in the KERS.

Footnotes

Footnotes

1 As that term is defined in KRS 61.510(3).

Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Type:
Opinion
Lexis Citation:
1980 Ky. AG LEXIS 374
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