<br><br>61.520 Participation determined by board and fixed by executive order -- <br>Authority for order. <br>(1) Each department determined by the board to be eligible and qualified for <br>participation shall participate in the system when the Governor by appropriate <br>executive order, the authority to issue such executive order being granted, directs <br>such department to participate in the system. The effective date of such participation <br>shall be determined by the board and fixed by the Governor in his executive order. <br>(2) (a) Notwithstanding the provisions of subsection (1) of this section the Governor <br>is authorized to permit any state college or university, which he directs by <br>appropriate executive order to participate in the system after January 1, 1972, <br>to include its noninstructional employees in the membership of the system <br>while excluding the instructional employees of the state college or university <br>from membership. <br>(b) All employees of an agency participating under authority of subsection (2)(a) <br>of this section shall be considered noninstructional employees except the <br>members of the instructional staff of the state college or university who are <br>responsible for teaching and the administrative positions which are included <br>in the Teachers' Insurance and Annuity Association (TIAA) or the Kentucky <br>Teachers' Retirement System. <br>(3) All executive orders issued under authority of this section since July 1, 1956, are <br>hereby ratified by the General Assembly and each participating and contributing <br>department, board, agency, corporation, mental health-mental retardation board, or <br>entity participating since that date under such executive order is hereby declared to <br>be a participating department under the Kentucky Employees Retirement System. <br>(4) Once a department participates it shall continue to participate as long as it remains <br>qualified. Any position initially required to participate in the Kentucky Employees <br>Retirement System shall continue to participate as long as the position exists. <br>Effective: March 31, 2003 <br>History: Amended 2003 Ky. Acts ch. 169, sec. 6, effective March 31, 2003. -- <br>Amended 2000 Ky. Acts ch. 385, sec. 10, effective July 14, 2000. -- Amended 1974 <br>Ky. Acts ch. 128, sec. 13, effective March 26, 1974. -- Amended 1972 Ky. Acts <br>ch. 116, sec. 21. -- Amended 1966 Ky. Acts ch. 35, sec. 2. -- Amended 1960 Ky. <br>Acts ch. 165, Part II, sec. 2. -- Created 1956 Ky. Acts ch. 110, sec. 3. <br><br>