Section 164.2871 - [Effective 1/1/2025] Liability insurance for governing board members, faculty, and staff - Retirement annuity allowances exemption - Taxability after December 31, 1997 - Purchase of insurance not waiver of immunity - Self-insured employer group health plan(1) The governing board of each state postsecondary educational institution is authorized to purchase liability insurance for the protection of the individual members of the governing board, faculty, and staff of such institutions from liability for acts and omissions committed in the course and scope of the individual's employment or service. Each institution may purchase the type and amount of liability coverage deemed to best serve the interest of such institution.(2) All retirement annuity allowances accrued or accruing to any employee of a state postsecondary educational institution through a retirement program sponsored by the state postsecondary educational institution are hereby exempt from any state, county, or municipal tax, and shall not be subject to execution, attachment, garnishment, or any other process whatsoever, nor shall any assignment thereof be enforceable in any court. Except retirement benefits accrued or accruing to any employee of a state postsecondary educational institution through a retirement program sponsored by the state postsecondary educational institution on or after January 1, 1998, shall be subject to the tax imposed by KRS 141.020, to the extent provided in KRS 141.010 and 141.0215.(3) Except as provided in KRS Chapter 44, the purchase of liability insurance for members of governing boards, faculty and staff of institutions of higher education in this state shall not be construed to be a waiver of sovereign immunity or any other immunity or privilege.(4) The governing board of each state postsecondary education institution is authorized to provide a self-insured employer group health plan to its employees, which plan shall: (a) Conform to the requirements of Subtitle 32 of KRS Chapter 304; and(b) Except as provided in subsection (5) of this section, be exempt from conformity with Subtitle 17A of KRS Chapter 304.(5) A self-insured employer group health plan provided by the governing board of a state postsecondary education institution to its employees shall comply with:(a)KRS 304.17A-163 and 304.17A-1631;(e) Section one of 2024 Ky. Acts ch. 75; (f) Section one of 2024 Ky. Acts ch. 69; .(g) Section 3 of 2024 Ky. Acts ch. 97; and(h) 2024 Ky. Acts ch. 207,§ 5.(6)(a) A self-insured employer group health plan provided by the governing board of a state postsecondary education institution to its employees shall provide a special enrollment period to pregnant women who are eligible for coverage in accordance with the requirements set forth in Section 4 of this Act.(b) The governing board of a state postsecondary education institution shall, at or before the time an employee is initially offered the opportunity to enroll in the plan or coverage, provide the employee a notice of the special enrollment rights under this subsection.Amended by 2024 Ky. Acts ch. 207,§ 7, eff. 1/1/2025, app. to plans issued or renewed on or after January 1, 2025.Amended by 2024 Ky. Acts ch. 97,§ 8, eff. 1/1/2025, app. to policies, plans, certificates, and contracts issued or renewed on or after January 1, 2032.Amended by 2024 Ky. Acts ch. 69,§ 5, eff. 1/1/2025, app. to policies, certificates, plans, and contracts issued or renewed on or after January 1, 2025.Amended by 2024 Ky. Acts ch. 75,§ 3, eff. 1/1/2025, app. to health benefit plans issued or renewed on or after January 1, 2025.Amended by 2023 Ky. Acts ch. 86,§ 7, eff. 6/28/2023.Amended by 2023 Ky. Acts ch. 30,§ 6, eff. 1/1/2025.Amended by 2022 Ky. Acts ch. 19,§ 11, eff. 1/1/2023.Effective: 1/1/2025
Amended 2023 Ky. Acts ch. 30, sec. 6, effective 1/1/2025; and ch. 86, sec. 7, effective 6/29/2023. -- Amended 2022 Ky. Acts ch. 19, sec. 11, effective 1/1/2023. -- Amended 1997 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 91, effective 5/30/1997. -- Amended 1995 (2d Extra. Sess.) Ky. Acts ch. 1, sec. 7, effective 4/28/1995. -- Amended 1988 Ky. Acts ch. 282, sec. 7, effective 7/15/1988. -- Amended 1986 Ky. Acts ch. 235, sec. 1, effective 7/15/1986. -- Created 1978 Ky. Acts ch. 347, sec. 1, effective 6/17/1978.This section is set out more than once due to postponed, multiple, or conflicting amendments.