Request By:
Mr. Vic Hellard, Jr.
Director
Legislative Research Commission
State Capitol
Frankfort, Kentucky 40601
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
Your question was stated in your letter as follows:
"As designated in KRS 6.150, the Kentucky General Assembly has several constitutional officers and employees who are elected for a two-year period. At the beginning of each session the following are elected: Each House:(1) chief clerk(1) assistant clerk(1) enrolling clerk(1) sergeant-at-arms(1) doorkeeper(1) janitorSenate:(1) cloakroom keeper(3) pagesHouse:(2) cloakroom keepers(4) pages
"Recently, there has been a question regarding the eligibility of these constitutional employees to participate in the Blue Cross-Blue Shield medical program."
KRS 18.410 permits the Secretary for the Department for Finance and Administration to procure hospitalization insurance covering state employes. The term "state employe" is defined in KRS 18.410(2) as " a person who is regularly employed by any department, board, agency or branch of state govenment, and who is also a contributing member of any one of the retirement systems administered by the state." (Emphasis added).
We have been informed by the Kentucky Retirement Systems that the above mentioned officers and employees of the General Assembly are participating members in K.E.R.S. KRS 61.510(5) provides that "employe" means the members, officers and employes of the general assembly and every regular full time appointed or elective officer or employe of a participating department. (Emphasis added). KRS 61.510(20) provides that " 'officers and employes of the general assembly' means the occupants of those positions enumerated in KRS 6.150 . . ." (Emphasis added).
In view of the fact that the subject officers and employes of the legislature are particpating members of K.E.R.S., and are regular employes for the purpose of the Kentucky Employes Retirement System [KRS 61.510(5) and (20)], which two coexisting conditions must be met under KRS 18.410, it is our opinion that such General Assembly officers and employes are eligible to participate in the Blue Cross-Blue Shield medical program of state government. KRS 18.410(2) states "regularly employed by any branch." And by statutory definition [KRS 61.510(5) and (20)] such officers and employes are deemed to be regular under the K.E.R.S. Thus if any branch is to consider an employe as regular, they qualify as such.
Here we are construing the pertinent statute literally. The appellate court has written that it has a duty to construe statutes literally if it is reasonably possible to do so. Barrett v. Stephany, Ky., 510 S.W.2d 524 (1974). Here it is reasonably possible to so construe the statutes literally. Under this analysis the legislative intent to consider such officers and employes as regular for retirement purposes and for state hospitalization insurance purposes is clear. Under KRS 18.410(2) the language is sufficiently broad enough to accomodate the retirement system construction of "regular" for the purposes of the insurance statute.
The court has written that when a statute defines words used therein the court must look to the legislative definition rather than the dictionaries or common usage. George Wohrley, Inc. v. Commonwealth, Dept. of Rev., Ky., 495 S.W.2d 173 (1973). In this situation we are of the opinion that the courts would say, if faced with this issue, the legislature has spoken and has defined.