Current through Register Vol. 50, No. 9, March 1, 2024
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
18A.110(1)(d) requires the
Secretary of Personnel to promulgate administrative regulations to implement
work-related incentive programs for state employees.
KRS
18A.202(1) authorizes the
secretary to establish work-related incentive programs for state employees.
Executive Order 2019-787 authorizes the secretary to promulgate administrative
regulations for state employee adoption benefits. This administrative
regulation establishes the requirements for an employee suggestion system
incentive program and a state employee adoption benefit program.
Section 1. Employee Suggestion System.
(1) Eligibility.
(a) An employee with status in the classified
service or an employee governed by KRS Chapter 16 may be recognized and
rewarded for submitting a suggestion that results in the improvement of state
service or in the realization of financial savings by the state.
(b) A suggestion shall be a positive idea
which:
1. Explains how to improve methods,
equipment, or procedures;
2.
Reduces time or cost of a work operation;
3. Creates a safer work
environment;
4. Increases revenue;
or
5. Improves relationships with
or services for the public.
(2) Administration.
(a) Before January 1 of each calendar year,
each cabinet or independent agency head shall appoint, in writing, an employee
suggestion coordinator.
(b)
1. An employee shall use the Employee
Suggestion Form to submit a suggestion.
2. Once an employee submits a suggestion to
his or her cabinet or agency, the coordinator shall review the request to
ensure it meets the eligibility requirements in subsection (1) of this
section.
(c) If the
suggestion meets eligibility requirements, the request shall be forwarded for
review and approval as follows:
1. To the
coordinator of the affected agency, which is the agency implementing the
suggestion, if applicable;
2. To a
designated evaluator in the affected agency, who shall be a person with
expertise in the area under consideration. The evaluator shall review the
suggestion to determine whether the suggestion shall be implemented;
3. To a budget representative in the affected
agency, who shall determine if sufficient funds are available to fund the
award; and
4. To the appointing
authority or his or her designee of the affected agency.
(d) The decision of the appointing authority
or his or her designee shall be final, except as provided by subsection (4) of
this section.
(e) Upon approval and
implementation of the employee's suggestion, the agency that implemented the
suggestion shall provide notice of the approval and implementation to the
suggester's agency coordinator, to include total cash savings. If cash savings
is unknown at the time of implementation, the affected agency shall provide
documentation of cash savings within one (1) year and one (1) month of the
implementation date to the suggester's agency coordinator.
(3) General provisions.
(a) A suggestion shall be eligible for an
award only after legislative action or administrative regulation changes, if
required, have been completed which shall be the responsibility of the agency
that desires to implement the suggestion.
(b) The following suggestions shall not be
eligible for a cash award:
1. A suggestion
that falls within the scope of the duties of the suggester, which shall include
a specific set of tasks assigned to the suggester or set forth in the position
description or job specification of the suggester upon submission of the
suggestion;
2. A suggestion which
includes a proposal to perform routine maintenance operations or follow
manufacturer's recommendations;
3.
A suggestion to make a change which has been documented in writing as already
under consideration by those administratively responsible;
4. A suggestion which corrects an error or
condition that exists because established procedures were not followed;
or
5. A suggestion made by a
coordinator.
(c) If more
than one (1) suggester makes significant contributions to the idea, the
suggestion may be submitted jointly, and an award granted shall be divided
equally between or among the suggesters.
(d)
1. The
first suggestion received shall take precedence over all future suggestions
having the same purpose.
2. If two
(2) or more similar suggestions are received on the same day, an award granted
shall be divided equally between or among the suggesters.
(e) The suggester shall be notified in
writing of the status of the suggestion within ninety (90) calendar days of
receipt by the suggester's agency coordinator and every sixty (60) days
thereafter.
(f) A suggestion shall
be considered to be active and eligible for an award until the suggester is
notified in writing that the suggestion has been approved, denied, or
closed.
(g) If the suggestion is
denied or closed, the suggester's agency coordinator shall notify the suggester
in writing stating the reason it was denied or closed.
(4) Reconsideration.
(a) A suggester may request reconsideration
of a suggestion that was denied or closed by the cabinet or agency.
(b)
1. The
suggester shall request reconsideration in writing and shall set forth the
basis for the request.
2.
a. The request shall be filed with the
suggester's agency coordinator within thirty (30) calendar days of the date
that written notice of denial or closing is provided to the
suggester.
b. If the thirtieth day
falls on a day that the cabinet or agency office is closed during regular work
hours, the request may be filed on the next work day.
(c) Within thirty (30) calendar
days, the cabinet or agency shall act on the request for reconsideration and
notify the suggester in writing of the reason for the decision.
(d) If an eligible suggestion is denied or
closed and conditions under which it was originally considered have changed,
the suggester may resubmit the suggestion.
(5) Payment.
(a) An award of cash payment shall be in
accordance with
KRS
18A.202.
1.
The cash payment shall be calculated based upon the amount saved over the
period of one (1) year minus implementation costs.
2.
a. The
payment for the award shall be issued by the Personnel Cabinet.
b. Funds for payment shall come from the
agency or agencies implementing the suggestion, if sufficient funds are
available to fund the award.
c. If
applicable, the funding agency may interaccount other agencies implementing the
suggestion for a proportionate share of the total award amount.
(b)
1. If a suggestion has been approved by the
appointing authority or his or her designee and has resulted in a financial
savings to the state, the suggester shall be compensated in an amount of ten
(10) percent of the amount saved over the twelve (12) month period following
implementation of the suggestion, with a minimum of $100 and a maximum of
$2,500.
2. If a suggestion approved
by the appointing authority or his or her designee results in an intangible
improvement in state service, the suggester shall be compensated in the amount
of $100.
3. Upon the suggester's
receipt of compensation, the suggestion shall become the property of the
state.
Section
2. Adoption Benefit Program.
(1)
(a) A state employee who finalizes a legal
adoption procedure for the adoption of a child, other than the child of a
spouse, between November 1, 1998 and October 21, 2019, shall be eligible to
receive reimbursement for direct costs associated with the adoption of a
special needs child, as defined by
KRS
199.555(1), or any other
child.
(b) The eligible employee
shall receive:
1. Up to $5,000 in unreimbursed
direct costs related to the adoption of a special needs child; or
2. Up to $3,000 in unreimbursed direct costs
related to the adoption of any other child.
(2)
(a) A
state employee who finalized a legal adoption procedure for the adoption of a
child, other than the child of a spouse, on or after October 22, 2019, shall be
eligible to receive reimbursement of direct costs associated with the adoption
of a child.
(b) In addition to or
instead of reimbursement of direct costs, a state employee may request and
receive a stipend.
(c) The combined
total of stipend and reimbursement of direct costs per adoption of a special
needs child shall not exceed $7,000.
(d) The combined total of stipend and
reimbursement of direct costs per adoption of every other child shall not
exceed $5,000.
(3)
Unreimbursed direct costs related to the adoption of a special needs child or
other child shall include:
(a) Licensed
adoption agency fees;
(b) Legal
fees;
(c) Medical costs not paid by
insurance, Medicaid, or other available resources;
(d) Court costs; and
(e) Other fees or costs associated with child
adoption in accordance with state and federal law.
(4) Application for financial assistance
shall be made to the Secretary of Personnel along with documentary evidence of:
(a) Finalization of the adoption;
(b) Certification by the Secretary of the
Cabinet for Health and Family Services that the adopted child is a special
needs child, if assistance for special needs adoption is sought; and
(c) A copy of an affidavit of expenses with
supporting documentation related to the adoption.
(5) If both adoptive parents are state
employees, the application for financial assistance shall be made jointly and
the amount of reimbursement of costs and stipend shall be limited to that
specified in subsections (1) and (2) of this section.
(6) Upon approval of the application for
financial assistance, if sufficient funds are available, the employee's agency
shall dispense funds in the amount authorized by the Secretary of
Personnel.
Section 3.
Incorporation by Reference.
(1) "Employee
Suggestion Form", February 2020, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Personnel Cabinet, 501
High Street, 3rd Floor, Frankfort, Kentucky 40601, Monday through Friday, 8
a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
18A.030(2),
18A.110(1)(d),
18A.202(1),
EO 2019-787.