RELATES TO:
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.
