SB 53 — AN ACT relating to employment of part-time adjunct instructors for the Kentucky Fire Commission.

UNOFFICIAL COPY 21 RS BRSB 99253/GA AN ACT relating to employment of part-time adjunct instructors for the Kentucky Fire Commission.

(4) (a) Notwithstanding the provisions of this section, the payments suspended in accordance with subsection (1) of this section shall be paid retroactively to the retired member, or his or her estate, if he or she does not receive more than the maximum permissible earnings as provided by the Federal Social Security Act in compensation from participating agencies during any calendar year of Page 1 of 1617 BR099200.100SB005310.100 - 992 - XXXX JacketedGA UNOFFICIAL COPY 21 RS BRSB 99253/GA reemployment.

The member shall not receive less in benefits as a Page 2 of 1617 BR099200.100SB005310.100 - 992 - XXXX JacketedGA UNOFFICIAL COPY 21 RS BRSB 99253/GA result of the recomputation than he or she was receiving prior to reemployment or would receive as determined under KRS 61.691;

(7) (a) Effective August 1, 1998, the provisions of subsections (1) to (4) of this section shall no longer apply to a retired member who is reemployed in a position covered by the same retirement system from which the member Page 3 of 1617 BR099200.100SB005310.100 - 992 - XXXX JacketedGA UNOFFICIAL COPY 21 RS BRSB 99253/GA retired.

Page 4 of 1617 BR099200.100SB005310.100 - 992 - XXXX JacketedGA UNOFFICIAL COPY 21 RS BRSB 99253/GA (9) If the retired member is under a contract to provide services as an independent contractor or leased employee to an employer participating in the systems administered by Kentucky Retirement Systems or County Employees Retirement System within twelve (12) months of his or her retirement date, the member shall submit a copy of that contract to the retirement system, and the retirement system shall determine if the member is an independent contractor or leased employee for purposes of retirement benefits.

(11) (a) If a member of the Kentucky Employees Retirement System retires from a department which participates in more than one (1) retirement system and is reemployed within one (1) month of his or her initial retirement date by the same department in a position participating in another retirement system, the retired member's retirement allowance shall be suspended for the first month Page 5 of 1617 BR099200.100SB005310.100 - 992 - XXXX JacketedGA UNOFFICIAL COPY 21 RS BRSB 99253/GA of his or her retirement, and the member shall repay to the retirement system all benefits received for the month.

(c) Upon termination, or subsequent to expiration of the six (6) month period from the date of termination, the retired member's retirement allowance based on his or her initial retirement account shall no longer be suspended, and the Page 6 of 1617 BR099200.100SB005310.100 - 992 - XXXX JacketedGA UNOFFICIAL COPY 21 RS BRSB 99253/GA member shall receive the amount to which he or she is entitled, including an increase as provided by KRS 61.691;

(16) A retired member who is reemployed and contributing to a second member account shall not be eligible to purchase service credit under any of the provisions of KRS 16.505 to 16.652, 61.510 to 61.705, or 78.510 to 78.852 which he or she was Page 7 of 1617 BR099200.100SB005310.100 - 992 - XXXX JacketedGA UNOFFICIAL COPY 21 RS BRSB 99253/GA eligible to purchase prior to his or her initial retirement.

Upon subsequent retirement, the member shall be eligible for a Page 8 of 1617 BR099200.100SB005310.100 - 992 - XXXX JacketedGA UNOFFICIAL COPY 21 RS BRSB 99253/GA retirement allowance based upon total service and creditable compensation, including any additional service or creditable compensation earned after his or her initial retirement was voided;

Employment that is accepted by the retired member after twelve (12) months following the member's retirement date shall not constitute a Page 9 of 1617 BR099200.100SB005310.100 - 992 - XXXX JacketedGA UNOFFICIAL COPY 21 RS BRSB 99253/GA prearranged agreement under this paragraph;

(c) If a member is receiving a retirement allowance from the State Police Retirement System or from hazardous duty retirement coverage with the Kentucky Employees Retirement System or the County Employees Retirement System, or has filed the forms required to receive a retirement allowance from the State Police Retirement System or from hazardous duty retirement coverage with the Kentucky Employees Retirement System or the County Page 10 of 1617 BR099200.100SB005310.100 - 992 - XXXX JacketedGA UNOFFICIAL COPY 21 RS BRSB 99253/GA Employees Retirement System, and is employed in a regular full-time position required to participate in the State Police Retirement System or in a hazardous duty position with the Kentucky Employees Retirement System or the County Employees Retirement System within one (1) month following the member's initial retirement date, the member's retirement shall be voided, and the member shall repay to the retirement system all benefits received, including any health insurance benefits.

(d) If a member is receiving a retirement allowance from the State Police Retirement System or from hazardous duty retirement coverage with the Kentucky Employees Retirement System or the County Employees Retirement System and is employed in a regular full-time position required to participate in the State Police Retirement System or in a hazardous duty position with the Kentucky Employees Retirement System or the County Employees Retirement System after a one (1) month period following the member's initial retirement date, the member may continue to receive his or her retirement allowance Page 11 of 1617 BR099200.100SB005310.100 - 992 - XXXX JacketedGA UNOFFICIAL COPY 21 RS BRSB 99253/GA during the period of reemployment subject to the following provisions:

The additional contributions paid shall be used to reduce Page 12 of 1617 BR099200.100SB005310.100 - 992 - XXXX JacketedGA UNOFFICIAL COPY 21 RS BRSB 99253/GA the unfunded actuarial liability of the systems;

Other than the status of volunteer, the retired member does not become an employee, leased employee, or independent contractor of the Page 13 of 1617 BR099200.100SB005310.100 - 992 - XXXX JacketedGA UNOFFICIAL COPY 21 RS BRSB 99253/GA employer for which he or she is performing volunteer services for a period of at least twelve (12) months following the retired member's most recent retirement date.

Page 14 of 1617 BR099200.100SB005310.100 - 992 - XXXX JacketedGA UNOFFICIAL COPY 21 RS BRSB 99253/GA (g) Notwithstanding any provision of this section, any current or future part- time adjunct instructor for the Kentucky Fire Commission who has not participated in the Kentucky Employees Retirement System prior to retirement, but who is otherwise eligible to retire from the County Employees Retirement System, shall not be:

After three (3) months but within twelve (12) months following the Page 15 of 1617 BR099200.100SB005310.100 - 992 - XXXX JacketedGA UNOFFICIAL COPY 21 RS BRSB 99253/GA member's initial retirement, if the system determines the employment arrangement does not qualify as an independent contractor or leased employee and that a prearranged agreement existed between the member and the agency for the member to return to work with the agency, the member's retirement shall be voided in accordance with paragraph (a) of this subsection;

Page 16 of 1617 BR099200.100SB005310.100 - 992 - XXXX JacketedGA UNOFFICIAL COPY 21 RS SB 53/GA Section 2.

The provisions of subsection (17)(g) of Section 1 of this Act shall, notwithstanding any other bill enacted by the 2021 General Assembly, apply to the County Employees Retirement System.

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