Kentucky 2021 Regular Session Status: Enacted 4 R cosponsors

HB 9 — AN ACT relating to retirement and declaring an emergency.

Last action — signed by Governor (Acts Ch. 102)

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  1. ✓
    Introduced
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    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
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    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 04, 2021. Enacted.

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Likely to advance 82% · moderate confidence

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  • Enacted

    Current position in the legislative process.

  • 7 sponsors

    7 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (4 R).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

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Bill Text

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UNOFFICIAL COPY 21 RS HB 9/GA AN ACT relating to retirement and declaring an emergency.
CHAPTER 102 1 CHAPTER 102 ( HB 9 ) AN ACT relating to retirement and declaring an emergency.
(2) (a) A member who began participating prior to September 1, 2008, is eligible for a retirement allowance determined under paragraphs (4)(a) or (4)(b) of this section, as applicable, for his or her service if:
(2) (a) A member who began participating prior to September 1, 2008, is eligible for a retirement allowance determined under subsection (4)(a) or (4)(b) of this section, as applicable, for his or her service if:
(b) In lieu of any other benefits due under 78.510 to 78.852, a member who began participating prior to September 1, 2008, who has attained normal retirement age and who has obtained at least one (1) month of service credit but no more than forty-seven (47) months of service may elect to receive an annual retirement allowance payable monthly or less frequently, as determined by the board, which shall be determined by multiplying his or her accumulated contributions by two (2) and converting this amount to an annual retirement allowance based on an annuity rate adopted by the board which would pay the actuarial equivalent of twice his or her accumulated Page 1 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA contributions over the lifetime of the retired member.
(b) In lieu of any other benefits due under KRS 78.510 to 78.852, a member who began participating prior to September 1, 2008, who has attained normal retirement age and who has obtained at least one (1) month of service credit but no more than forty-seven (47) months of service may elect to receive an annual retirement allowance payable monthly or less frequently, as determined by the board, which shall be determined by multiplying his or her accumulated contributions by two (2) and converting this amount to an annual retirement allowance based on an annuity rate adopted by the board which would pay the actuarial equivalent of twice his or her accumulated contributions over the lifetime of the retired member.
(c) A member who began participating prior to September 1, 2008, who has earned vested service credit in a retirement system, other than the Teachers' Retirement System, sponsored by a Kentucky institution of higher education, the Council on Postsecondary Education, or the Higher Education Assistance Authority, may count the vested service toward attaining the necessary years of service credit as provided in subparagraphs (a)2.
(c) A member who began participating prior to September 1, 2008, who has earned vested service credit in a retirement system, other than the Teachers' Retirement System, sponsored by a Kentucky institution of higher education, the Council on Postsecondary Education, or the Higher Education Assistance Authority, may count the vested service toward attaining the necessary years of service credit as provided in paragraph (a)2.
and (a)4.
and 4.
The credit from a Kentucky institution of higher education, the Council on Postsecondary Education, or the Higher Education Assistance Authority shall not be used toward the minimum fifteen (15) years of current service required by subparagraphs (a)2.
The credit from a Kentucky institution of higher education, the Council on Postsecondary Education, or the Higher Education Assistance Authority shall not be used toward the minimum fifteen (15) years of current service required by paragraph (a)2.
and (a)4.
and 4.
(3) A member who began participating on or after September 1, 2008, but prior to January 1, 2014, is eligible for a retirement allowance determined under paragraph (4)(c) of this section if:
(3) A member who began participating on or after September 1, 2008, but prior to January 1, 2014, is eligible for a retirement allowance determined under subsection (4)(c) of this section if:
or (c) The member is sixty (60) years of age or older and has at least ten (10) years Page 2 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA of service credited under KRS 16.543(1), 61.543(1), or 78.615(1), or another state-administered retirement system .
or (c) The member is sixty (60) years of age or older and has at least ten (10) years of service credited under KRS 16.543(1), 61.543(1), or 78.615(1), or another state-administered retirement system .
(4) Upon retirement under the conditions specified by subsection (2) and (3) of this section except as provided by paragraph (2)(b) of this section, a member covered by this section may receive an annual retirement allowance, payable monthly during his or her lifetime, which shall consist of an amount equal to:
(4) Upon retirement under the conditions specified by subsections (2) and (3) of this section except as provided by subsection (2)(b) of this section, a member covered by this section may receive an annual retirement allowance, payable monthly during his or her lifetime, which shall consist of an amount equal to:
(a) Two and two-tenths percent (2.2%) of final compensation multiplied by the number of years of service credit, if the member began participating prior to August 1, 2004;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (a) Two and two-tenths percent (2.2%) of final compensation multiplied by the number of years of service credit, if the member began participating prior to August 1, 2004;
(b) Two percent (2.0%) of final compensation multiplied by the number of years of service credit, if the member began participating on or after August 1, 2004, but prior to September 1, 2008;
(b) Two percent (2%) of final compensation multiplied by the number of years of service credit, if the member began participating on or after August 1, 2004, but prior to September 1, 2008;
One and three-quarters percent (1.75%) of final compensation for each year of service if the member has earned greater than twenty-six (26) but no more than thirty (30) years of service at Page 3 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA retirement;
One and three-quarters percent (1.75%) of final compensation for each year of service if the member has earned greater than twenty-six (26) but no more than thirty (30) years of service at retirement;
Two percent (2.0%) of final compensation for each year of service earned in excess of thirty (30) years of service at retirement;
Two percent (2%) of final compensation for each year of service earned in excess of thirty (30) years of service at retirement;
Not be reduced for a member retiring under the provisions specified by paragraph (2)(a)1., (2)(a)2., (3)(a), and (3)(b) of this section;
Not be reduced for a member retiring under the provisions specified by subsections (2)(a)1., (2)(a)2., (3)(a), and (3)(b) of this section;
Be reduced for a member retiring under the provisions specified by paragraphs (2)(a)3., (2)(a)4., and (3)(c) of this section by an amount determined by the board's actuary to reflect the earlier commencement of benefits.
Be reduced for a member retiring under the provisions specified by subsections (2)(a)3., (2)(a)4., and (3)(c) of this section by an amount determined by the board's actuary to reflect the earlier commencement of benefits.
and Page 4 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA (c) Interest credits added annually to the member's accumulated account balance as provided by this section.
and (c) Interest credits added annually to the member's accumulated account balance as provided by this section.
(b) If the member contributed to the hybrid cash balance plan or the Kentucky Retirement Systems during the fiscal year, the interest credit added to the member's account for that fiscal year shall be determined by multiplying the member's accumulated account balance on June 30 of the preceding fiscal year by a percentage increase equal to:
(b) If the member contributed to the hybrid cash balance plan or the Kentucky Retirement Systems during the fiscal year, the interest credit added to the member's account for that fiscal year shall be CHAPTER 102 3 determined by multiplying the member's accumulated account balance on June 30 of the preceding fiscal year by a percentage increase equal to:
Page 5 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA 1.
1.
The years of service used to Page 6 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA determine eligibility for retirement under this paragraph shall only include years of service credited under KRS 16.543(1), 61.543(1), or 78.615(1), or another state-administered retirement system.
The years of service used to determine eligibility for retirement under this paragraph shall only include years of service credited under KRS 16.543(1), 61.543(1), or 78.615(1), or another state-administered retirement system.
(2) (a) A member who began participating prior to September 1, 2008, is eligible for a retirement allowance determined under paragraph (4)(a) of this section for his or her service if:
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (2) (a) A member who began participating prior to September 1, 2008, is eligible for a retirement allowance determined under subsection (4)(a) of this section for his or her service if:
Page 7 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA 2.
2.
or (c) The member has attained age fifty (50) and has fifteen (15) years of service credited under KRS 16.543(1), 61.543(1), or 78.615(1), or another state- administered retirement system.
or (c) The member has attained age fifty (50) and has fifteen (15) years of service credited under KRS 16.543(1), 61.543(1), or 78.615(1), or another state-administered retirement system.
(4) (a) A member of the system covered by this section who began participating Page 8 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA prior to September 1, 2008, may elect to receive an annual retirement allowance, payable monthly during his lifetime, equal to two and five-tenths percent (2.5%) of final compensation for each year of service credit.
(4) (a) A member of the system covered by this section who began participating prior to September 1, 2008, may elect to receive an annual retirement allowance, payable monthly during his lifetime, equal to two and five-tenths percent (2.5%) of final compensation for each year of service credit.
(c) The annual retirement allowance determined under this subsection, shall:
(c) The annual retirement allowance determined under this subsection shall:
Not be reduced for a member retiring under the provisions specified by paragraph (2)(a)1., (2)(a)2., (3)(a), and (3)(b) of this section;
Not be reduced for a member retiring under the provisions specified by subsections (2)(a)1., (2)(a)2., (3)(a), and (3)(b) of this section;
Be reduced for a member retiring under the provisions specified by paragraphs (2)(a)3.
Be reduced for a member retiring under the provisions specified by subsections (2)(a)3.
Page 9 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA (1) A member of the County Employees Retirement System in a hazardous position covered by this section, who begins participating in the system on or after January 1, 2014, or a member who makes an election pursuant to KRS 61.5955, shall receive the retirement benefits provided by this section in lieu of the retirement benefits provided under Section 3 of this Act.
(1) A member of the County Employees Retirement System in a hazardous position covered by this section, who begins participating in the system on or after January 1, 2014, or a member who makes an election pursuant to KRS 61.5955, shall receive the retirement benefits provided by this section in lieu of the CHAPTER 102 5 retirement benefits provided under Section 3 of this Act.
(4) (a) On June 30 of each fiscal year, the system shall determine if the member contributed to the hybrid cash balance plan or the Kentucky Retirement Page 10 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA Systems during the fiscal year.
(4) (a) On June 30 of each fiscal year, the system shall determine if the member contributed to the hybrid cash balance plan or the Kentucky Retirement Systems during the fiscal year.
(5) (a) Upon termination of employment, a member who has less than five (5) Page 11 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA years of service credited under KRS 16.543(1), 61.543(1), and 78.615(1), who elects to take a refund of his or her accumulated account balance as provided by KRS 61.625, shall forfeit the accumulated employer credit, and shall only receive a refund of his or her accumulated contributions.
(5) (a) Upon termination of employment, a member who has less than five (5) years of service credited under KRS 16.543(1), 61.543(1), and 78.615(1), who elects to take a refund of his or her accumulated account balance as provided by KRS 61.625, shall forfeit the accumulated employer credit, and shall only receive a refund of his or her accumulated contributions.
(a) At his or her normal retirement date, provided he or she has earned five (5) or more years of service credited under KRS 16.543(1), 61.543(1), or 78.615(1), or another state-administered retirement system;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (a) At his or her normal retirement date, provided he or she has earned five (5) or more years of service credited under KRS 16.543(1), 61.543(1), or 78.615(1), or another state-administered retirement system;
Page 12 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA (8) The provisions of this section shall not apply to members who began participating in the Kentucky Employees Retirement System, County Employees Retirement System, or the State Police Retirement System prior to January 1, 2014, except as provided by KRS 61.5955.
(8) The provisions of this section shall not apply to members who began participating in the Kentucky Employees Retirement System, County Employees Retirement System, or the State Police Retirement System prior to January 1, 2014, except as provided by KRS 61.5955.
(2) (a) Effective July 1, 2009, and on July 1 of each year thereafter, a recipient of a retirement allowance under KRS 78.510 to 78.852 shall have his or her retirement allowance increased by one and one-half percent (1.5%), if:
(2) (a) Effective July 1, 2009, and on July 1 of each year thereafter, a recipient of a retirement allowance under KRS 78.510 to 78.852 shall have his or her retirement allowance increased by one and one- half percent (1.5%), if:
The General Assembly directs payment of employer contributions to Page 13 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA fully prefund the increase described by this subsection in the year the increase is provided.
The General Assembly directs payment of employer contributions to fully prefund the increase described by this subsection in the year the increase is provided.
(b) The board of trustees of the system shall, at least thirty (30) days prior to the beginning of regular sessions of the General Assembly held in even- numbered years, advise the General Assembly of the following:
(b) The board of trustees of the system shall, at least thirty (30) days prior to the beginning of regular sessions of the General Assembly held in even-numbered years, advise the General Assembly of the following:
If the recipient has been receiving a benefit for less than twelve (12) months prior to the effective date of the increase provided by this subsection, the increase shall be reduced on a pro rata basis for each month the recipient has not been receiving benefits in the twelve (12) months preceding the effective date of the increase.
If the recipient has been receiving a benefit for less than twelve (12) months prior to the effective date of CHAPTER 102 7 the increase provided by this subsection, the increase shall be reduced on a pro rata basis for each month the recipient has not been receiving benefits in the twelve (12) months preceding the effective date of the increase.
(e) The benefits of this subsection as provided on July 1, 2009, and thereafter shall not be considered as benefits protected by the inviolable contract Page 14 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA provisions of KRS 78.852.
(e) The benefits of this subsection as provided on July 1, 2009, and thereafter shall not be considered as benefits protected by the inviolable contract provisions of KRS 78.852.
Upon request, each employer shall certify to the system, in the manner prescribed by the board, the names of all employees working in a hazardous position as defined in Page 15 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA subsection (1) of this section for which coverage is requested.
Upon request, each employer shall certify to the system, in the manner prescribed by the board, the names of all employees working in a hazardous position as defined in subsection (1) of this section for which coverage is requested.
The employer may extend the payment schedule to a maximum of thirty (30) Page 16 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA years.
The employer may extend the payment schedule to a maximum of thirty (30) years.
(b) If the employer elects not to make the additional payment as provided by paragraph (a) of this subsection, the employee may pay the cost of converting the service and provide payment for the cost as provided by subsection (9) of Section 52 of this Act.
(b) If the employer elects not to make the additional payment as provided by paragraph (a) of this subsection, the employee may pay the cost of converting the service and provide payment for the cost Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY as provided by subsection (9) of Section 52 of this Act.
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(5) If doubt exists regarding the benefits payable to a hazardous position employee under this section, the board shall determine the benefits payable under 78.510 to 78.852.
(5) If doubt exists regarding the benefits payable to a hazardous position employee under this section, the board shall determine the benefits payable under KRS 78.510 to 78.852.
(a) The person shall have sixty (60) months of service, twelve (12) of which Page 17 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA shall be current service credited under KRS 16.543(1), 61.543(1), or 78.615(1);
(a) The person shall have sixty (60) months of service, twelve (12) of which shall be current service credited under KRS 16.543(1), 61.543(1), or 78.615(1);
1630 shall be considered;
shall be considered;
and (d) The incapacity does not result directly or indirectly from bodily injury, Page 18 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA mental illness, disease, or condition which pre-existed membership in the system or reemployment, whichever is most recent.
and (d) The incapacity does not result directly or indirectly from bodily injury, mental illness, disease, or condition which pre-existed membership in the system or reemployment, whichever is most recent.
(4) Paragraph (d) of subsection (3) of this section shall not apply if:
(4) Subsection (3)(d) of this section shall not apply if:
(5) (a) 1.
CHAPTER 102 9 (5) (a) 1.
The person's ability to understand, remember, and carry out instructions and respond appropriately to supervision, coworkers, and work pressures in a work setting shall be Page 19 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA considered with regard to mental impairments.
The person's ability to understand, remember, and carry out instructions and respond appropriately to supervision, coworkers, and work pressures in a work setting shall be considered with regard to mental impairments.
If the person is deemed capable of medium work, the person shall be deemed capable of light Page 20 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA and sedentary work.
If the person is deemed capable of medium work, the person shall be deemed capable of light and sedentary work.
If, however, a person covered by this paragraph has accumulated twenty-five (25) or more years of total service, he or she shall receive added service necessary to bring his or her combined service credit, including total and added service, to twenty-seven Page 21 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA (27) years;
If, however, a person covered by this paragraph has accumulated twenty-five (25) or more Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY years of total service, he or she shall receive added service necessary to bring his or her combined service credit, including total and added service, to twenty-seven (27) years;
Loss by severance of both hands at or above Page 22 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA the wrists, or both feet at or above the ankles, or one (1) hand above the wrist and one (1) foot above the ankle, or the complete, irrevocable loss of the sight of both eyes shall be considered as total and permanent;
Loss by severance of both hands at or above the wrists, or both feet at or above the ankles, or one (1) hand above the wrist and one (1) foot above the ankle, or the complete, irrevocable loss of the sight of both eyes shall be considered as total and permanent;
1630 shall be considered.
shall be considered.
(c) The person's application shall be on file in the retirement office no later than twenty-four (24) months after the person's last day of paid employment, as defined in KRS 78.510, in a regular full-time position that Page 23 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA has been approved as a hazardous position in accordance with Section 6 of this Act;
(c) The person's application shall be on file in the retirement office no later than twenty-four (24) months after the person's last day of paid employment, as defined in KRS 78.510, in a regular full- time position that has been approved as a hazardous position in accordance with Section 6 of this Act;
(3) Upon the examination of the objective medical evidence by licensed physicians pursuant to Section 69 of this Act, it shall be determined that:
CHAPTER 102 11 (3) Upon the examination of the objective medical evidence by licensed physicians pursuant to Section 69 of this Act, it shall be determined that:
The person has at least sixteen (16) years' current or prior service for employment with employers participating in the County Employees Retirement System or the Kentucky Page 24 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA Retirement Systems.
The person has at least sixteen (16) years' current or prior service for employment with employers participating in the County Employees Retirement System or the Kentucky Retirement Systems.
Page 25 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA 1.
1.
If the person is deemed capable of medium work, the person shall be deemed capable of light and sedentary work.
If the person is Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY deemed capable of medium work, the person shall be deemed capable of light and sedentary work.
Very heavy work shall be work that involves lifting objects weighing Page 26 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA more than one hundred (100) pounds at a time with frequent lifting or carrying of objects weighing fifty (50) or more pounds.
Very heavy work shall be work that involves lifting objects weighing more than one hundred (100) pounds at a time with frequent lifting or carrying of objects weighing fifty (50) or more pounds.
or (c) For a member who begins participating on or after January 1, 2014, in the hybrid cash balance plan as provided by Section 4 of this Act, the disability retirement allowance shall be the higher of twenty-five percent (25%) of the member's monthly final rate of pay or the retirement allowance determined Page 27 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA in the same manner as for retirement at his or her normal retirement date under Section 4 of this Act.
or (c) For a member who begins participating on or after January 1, 2014, in the hybrid cash balance plan as provided by Section 4 of this Act, the disability retirement allowance shall be the higher of twenty- five percent (25%) of the member's monthly final rate of pay or the retirement allowance determined in the same manner as for retirement at his or her normal retirement date under Section 4 of this Act.
Page 28 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA (1) Once each year following the retirement of a person on a disability retirement allowance, or less frequently as determined by the Authority's medical examiner but not less than once every five (5) years, the system may require the person, prior to his or her normal retirement date, to undergo an employment and medical staff review and, if necessary, be required to file at the retirement office on the review form prescribed by the Authority current employment information and current medical information for the bodily injury, mental illness, or disease for which he or she receives a disability retirement allowance.
(1) Once each year following the retirement of a person on a disability retirement allowance, or less frequently as determined by the Authority's medical examiner but not less than once every five (5) years, the system may require the person, prior to his or her normal retirement date, to undergo an employment and medical staff review and, if necessary, be required to file at the retirement office on the review form prescribed by the Authority current employment information and current medical information for the bodily injury, CHAPTER 102 13 mental illness, or disease for which he or she receives a disability retirement allowance.
If the person's benefits are discontinued or reduced under this section, his or her rights to further Page 29 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA disability retirement allowances shall cease, except as provided by Section 10 of this Act.
If the person's benefits are discontinued or reduced under this section, his or her rights to further disability retirement allowances shall cease, except as provided by Section 10 of this Act.
If there is objective medical evidence of a mental impairment, the medical examiner may request the Page 30 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA Authority's licensed mental health professional to assist in determining the level of the mental impairment.
If there is objective medical evidence of a mental impairment, the medical examiner may request the Authority's licensed mental health professional to assist in determining the level of the mental impairment.
(c) The medical examiner shall recommend that disability retirement allowance be continued, reduced, or discontinued.
(c) The medical examiner shall recommend that the disability retirement allowance be continued, reduced, or discontinued.
If the medical examiner recommends that the disability retirement allowance be reduced or discontinued, the Authority shall send notice of the recommendation by United States first-class mail to the person's last address on file in the retirement office.
If the medical examiner recommends that the disability retirement allowance be reduced or discontinued, the Authority shall send notice of the recommendation by United States first- class mail to the person's last address on file in the retirement office.
The person shall have sixty (60) days from the day that the Authority mailed the notice to file at the retirement office additional supporting employment or medical information and certify to the Authority that the forms and additional supporting employment information or medical information are ready to be evaluated by the medical examiner or to appeal the recommendation of the medical examiner to reduce or discontinue the disability retirement allowance by filing at the retirement office a request for a formal hearing.
The person shall have sixty (60) days from the day that the Authority mailed the notice to file at the retirement office additional supporting employment or medical information and certify to the Authority that the forms and additional supporting employment information or medical information are ready to be evaluated by the medical examiner Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY or to appeal the recommendation of the medical examiner to reduce or discontinue the disability retirement allowance by filing at the retirement office a request for a formal hearing.
If the person fails or refuses to file at the retirement office the forms, the additional supporting employment information, and current medical information or to appeal the recommendation of the medical examiners to reduce or discontinue the disability retirement allowance, his or her retirement allowance shall be Page 31 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA discontinued on the first day of the month following the expiration of the period of the sixty (60) days from the day the Authority mailed the notice of the recommendation to the person's last address on file in the retirement office.
If the person fails or refuses to file at the retirement office the forms, the additional supporting employment information, and current medical information or to appeal the recommendation of the medical examiners to reduce or discontinue the disability retirement allowance, his or her retirement allowance shall be discontinued on the first day of the month following the expiration of the period of the sixty (60) days from the day the Authority mailed the notice of the recommendation to the person's last address on file in the retirement office.
If the person fails or refuses to appeal the recommendation of the medical examiners to reduce or discontinue the disability retirement allowance, his retirement allowance shall be discontinued on the first day of the month following the expiration of the period of the sixty (60) days from the day the Authority mailed the notice of the recommendation to the Page 32 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA person's last address on file in the retirement office.
If the person fails or refuses to appeal the recommendation of the medical examiners to reduce or discontinue the disability retirement allowance, his retirement allowance shall be discontinued on the first day of the month following the expiration of the period of the sixty (60) days from the day the Authority mailed the notice of the recommendation to the person's last address on file in the retirement office.
(h) Notwithstanding any other provisions of this section, the Authority may require the person to submit to one (1) or more medical or psychological Page 33 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA examinations at any time.
(h) Notwithstanding any other provisions of this section, the Authority may require the person to submit to one (1) or more medical or psychological examinations at any time.
(i) All requests for a hearing pursuant to this section shall be made in writing.
CHAPTER 102 15 (i) All requests for a hearing pursuant to this section shall be made in writing.
(b) If the person has returned to employment with an employer participating in the County Employees Retirement System or the Kentucky Retirement Systems, the service and creditable compensation shall be used in recomputing his or her benefit, except that the person's final compensation shall not be less than the final compensation last used in determining his or Page 34 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA her retirement allowance;
(b) If the person has returned to employment with an employer participating in the County Employees Retirement System or the Kentucky Retirement Systems, the service and creditable compensation shall be used in recomputing his or her benefit, except that the person's final compensation shall not be less than the final compensation last used in determining his or her retirement allowance;
If a disability retirement allowance has been reduced or discontinued, except if the person is reemployed as provided for Page 35 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA by Section 16 of this Act, the retirement allowance shall be reinstated upon attainment of the person's normal retirement date to the retirement allowance prior to adjustment.
If a disability retirement allowance has been reduced or discontinued, except if the person is reemployed as provided for by Section 16 of this Act, the retirement allowance shall be reinstated upon attainment of the person's normal retirement date to the retirement allowance prior to adjustment.
(1) Add the monthly benefit payable to the disabled employee from the County Employees Retirement System and the Kentucky Retirement Systems, using the monthly disability retirement allowance without any reduction due to the selection of an optional payment plan under KRS 61.635 but excluding dependent children's allowances, if any, to his monthly benefit, if any, from Social Security, even though these payments may not begin for a period of time as required for qualification under the federal Social Security law, excluding spouse or dependent benefits, and his monthly benefit, if any, from workers' compensation, even though these payments may not have begun as of the date the disabled member applies for disability retirement benefits, excluding spouse or dependent children's allowances, from workers' compensation, to arrive at a projected combined monthly benefit.
(1) Add the monthly benefit payable to the disabled employee from the County Employees Retirement System and the Kentucky Retirement Systems, using the monthly disability retirement allowance without any reduction due to the selection of an optional payment plan under KRS 61.635 but excluding dependent children's allowances, if any, to his monthly benefit, if any, from Social Security, even though these payments may not begin for a period of time as required for qualification under the federal Social Security law, excluding spouse or dependent benefits, and his monthly benefit, if any, from workers' compensation, even though these payments may not have begun as of the date the disabled member applies for disability Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY retirement benefits, excluding spouse or dependent children's allowances, from workers' compensation, to arrive at a projected combined monthly benefit.
(2) If the projected combined monthly benefit exceeds one hundred percent (100%) of the disabled employee's final rate of pay or his final compensation, whichever is greater, his disability retirement allowance from the County Employees Page 36 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA Retirement System and the Kentucky Retirement Systems shall be reduced to an amount which would cause his projected combined monthly benefit to equal one hundred percent (100%) of his final rate of pay or his final compensation, whichever is greater;
(2) If the projected combined monthly benefit exceeds one hundred percent (100%) of the disabled employee's final rate of pay or his final compensation, whichever is greater, his disability retirement allowance from the County Employees Retirement System and the Kentucky Retirement Systems shall be reduced to an amount which would cause his projected combined monthly benefit to equal one hundred percent (100%) of his final rate of pay or his final compensation, whichever is greater;
(5) Any disabled recipient whose potential payments from the system were reduced as provided for in this section shall advise the Authority if his payments under the Federal Social Security Act or Workers' Compensation Act cease at any time subsequent to his effective retirement date.
(5) Any disabled recipient whose potential payments from the system were reduced as provided for in this section shall advise the Authority if his payments under the federal Social Security Act or Workers' Compensation Act cease at any time subsequent to his effective retirement date.
Page 37 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA (6) The amount of combined disability benefit payments made to an individual on or after April 1 2021, from the Kentucky Retirement Systems and the County Employees Retirement System shall not be increased as a result of the passage of this Act.
(6) The amount of combined disability benefit payments made to an individual on or after April 1 2021, from the Kentucky Retirement Systems and the County Employees Retirement System shall not be increased as a result of the passage of this Act.
(2) If the beneficiary eligible for benefits as provided in subsection (1) of this section Page 38 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA is a single person, then the beneficiary may elect to receive:
(2) If the beneficiary eligible for benefits as provided in subsection (1) of this section is a single person, then the beneficiary may elect to receive:
(c) A monthly benefit payable for a period of sixty (60) months that is the actuarial equivalent to the amount computed under paragraph (a) of this subsection;
CHAPTER 102 17 (c) A monthly benefit payable for a period of sixty (60) months that is the actuarial equivalent to the amount computed under paragraph (a) of this subsection;
or (f) The higher of a refund of the member's accumulated account balance as described in KRS 61.625(1) or one (1) time lump-sum payment which shall be the actuarial equivalent of the amount payable under paragraph (a) of Page 39 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA this subsection for a period of sixty (60) months.
or (f) The higher of a refund of the member's accumulated account balance as described in KRS 61.625(1) or one (1) time lump-sum payment which shall be the actuarial equivalent of the amount payable under paragraph (a) of this subsection for a period of sixty (60) months.
(3) If the beneficiary eligible for benefits as provided by subsection (1) of this section are multiple beneficiaries or a trust, then the multiple beneficiaries by consensus or the trustee may elect to receive the actuarial equivalent amounts payable under subsection (2)(c), (d), (e), or (f) of this section using the assumption that the beneficiary's age is the same as the member's age.
(3) If the beneficiary eligible for benefits as provided by subsection (1) of this section is multiple beneficiaries or a trust, then the multiple beneficiaries by consensus or the trustee may elect to receive the actuarial equivalent amounts payable under subsection (2)(c), (d), (e), or (f) of this section using the assumption that the beneficiary's age is the same as the member's age.
(6) (a) The beneficiary of a member with service in a nonhazardous position who dies as a result of a duty-related injury may be eligible for benefits based upon the definitions, criteria, and benefits specified by KRS 61.621.
(6) (a) The beneficiary of a member with service in a nonhazardous position who dies as a result of a duty- related injury may be eligible for benefits based upon the definitions, criteria, and benefits specified by KRS 61.621.
(a) The surviving spouse shall be the beneficiary, and this shall supersede the designation of all previous beneficiaries of the deceased member's Page 40 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA retirement account except as provided in KRS 61.542(2)(e);
(a) The surviving spouse shall be the beneficiary, and this shall supersede the designation of all previous beneficiaries of the deceased member's retirement account except as provided in KRS 61.542(2)(e);
(2) If a member dies as a result of an act in line of duty as defined in Section 18 of this Act and is not survived by a spouse but is survived by a dependent child or children, the following benefits shall be paid to the dependent child or children:
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (2) If a member dies as a result of an act in line of duty as defined in Section 18 of this Act and is not survived by a spouse but is survived by a dependent child or children, the following benefits shall be paid to the dependent child or children:
Page 41 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA Payments made to the dependent children under this subsection shall be divided equally among all the dependent children.
Payments made to the dependent children under this subsection shall be divided equally among all the dependent children.
(3) If a member dies as a direct result of an act in line of duty as defined in Section 18 of this Act and the member has on file in the retirement office at the time of his or her death a written designation of only one (1) beneficiary other than his or her spouse who has not been superseded by the surviving spouse as provided by subsection (1)(a) of this section, and who is a dependent receiving at least one- half (1/2) of his or her support from the deceased member, the beneficiary may elect to receive a lump-sum payment of ten thousand dollars ($10,000).
(3) If a member dies as a direct result of an act in line of duty as defined in Section 18 of this Act and the member has on file in the retirement office at the time of his or her death a written designation of only one (1) beneficiary other than his or her spouse who has not been superseded by the surviving spouse as provided by subsection (1)(a) of this section, and who is a dependent receiving at least one-half (1/2) of his or her support from the deceased member, the beneficiary may elect to receive a lump-sum payment of ten thousand dollars ($10,000).
(b) If a final determination results in a finding of eligibility for benefits under subsection (1) or (3) of this section, the system shall recalculate the benefits Page 42 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA due the surviving spouse or beneficiary in accordance with this subsection.
(b) If a final determination results in a finding of eligibility for benefits under subsection (1) or (3) of this section, the system shall recalculate the benefits due the surviving spouse or beneficiary in accordance with this subsection.
(c) If the surviving spouse or beneficiary has been paid less than the amount of benefits to which the surviving spouse or beneficiary was entitled to receive under this section, the system shall pay the additional funds due to the surviving spouse or beneficiary.
(c) If the surviving spouse or beneficiary has been paid less than the amount of benefits which the surviving spouse or beneficiary was entitled to receive under this section, the system shall pay the additional funds due to the surviving spouse or beneficiary.
(d) If the surviving spouse or beneficiary has been paid more than the amount of benefits to which the surviving spouse or beneficiary was entitled to receive under this section, the system shall deduct the amount overpaid to the surviving spouse or beneficiary from the ten thousand dollars ($10,000) lump-sum payment and from the monthly retirement allowance payments until the amount owed to the systems has been recovered.
(d) If the surviving spouse or beneficiary has been paid more than the amount of benefits which the surviving spouse or beneficiary was entitled to receive under this section, the system shall deduct the amount overpaid to the surviving spouse or beneficiary from the ten thousand dollars ($10,000) lump-sum payment and from the monthly retirement allowance payments until the amount owed to the systems has been recovered.
Any hospital and medical expense policy or certificate, provider- sponsored integrated health delivery network, self-insured medical plan, health maintenance organization contract, or other health benefit plan;
Any hospital and medical expense policy or certificate, provider-sponsored integrated health delivery network, self-insured medical plan, health maintenance organization contract, or other health benefit plan;
Such arrangement or account, at the board's discretion, may reimburse any medical expense permissible under 26 U.S.C.
Such CHAPTER 102 19 arrangement or account, at the board's discretion, may reimburse any medical expense permissible under 26 U.S.C.
A medical insurance reimbursement program established by the board through the promulgation of administrative regulation under which Page 43 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA members purchase individual health insurance coverage through a health insurance exchange established under 42 U.S.C.
A medical insurance reimbursement program established by the board through the promulgation of administrative regulation under which members purchase individual health insurance coverage through a health insurance exchange established under 42 U.S.C.
18031 or 18041;
or 18041;
(b) "Monthly contribution rate" shall be the amount determined by the board based upon the requirements of paragraphs (4)(a) to (4)(c) of this section, except that for members who began participating in the system on or after July 1, 2003, the term shall mean the amount determined in paragraph (4)(d) of this section;
(b) "Monthly contribution rate" shall be the amount determined by the board based upon the requirements of subsection (4)(a) to (c) of this section, except that for members who began participating in the system on or after July 1, 2003, the term shall mean the amount determined in subsection (4)(d) of this section;
Any recipient who chooses coverage under a hospital and medical insurance plan shall pay, by payroll deduction from the retirement allowance, electronic funds transfer, or by another method, the difference between the premium cost of the hospital and medical Page 44 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA insurance plan coverage selected and the monthly contribution rate to which he or she would be entitled under this section.
Any recipient who chooses coverage under a hospital and medical insurance plan shall pay, by payroll deduction from the retirement allowance, electronic funds transfer, or by another method, the difference between the premium cost of the hospital and medical insurance plan coverage selected and the monthly contribution rate to which he or she would be entitled under this section.
(c) For recipients of a retirement allowance who are not eligible for the same level of hospital and medical benefits as recipients living in Kentucky having the same Medicare hospital and medical insurance eligibility status, Page 45 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA the board shall provide a medical insurance reimbursement plan as described in subsection (6) of this section.
(c) For recipients of a retirement allowance who are not eligible for the same level of hospital and medical benefits as recipients living in Kentucky having the same Medicare hospital and medical insurance eligibility status, the board shall provide a medical insurance reimbursement plan as described in subsection (6) of this section.
(3) (a) Each employer participating in the County Employees Retirement System as provided in KRS 78.510 to 78.852 shall contribute to the insurance trust fund established by KRS 61.701 the amount necessary to provide the monthly contribution rate as provided for under this section.
(3) (a) Each employer participating in the County Employees Retirement System as provided in KRS 78.510 to 78.852 shall contribute to the insurance trust fund established by KRS 61.701 the amount Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY necessary to provide the monthly contribution rate as provided for under this section.
The deducted amounts shall, at the discretion of the board, be credited to accounts established pursuant to 26 U.S.C.
The deducted amounts shall, at the discretion of the board, be credited to accounts established pursuant to U.S.C.
Any interest or penalties paid on any delinquent contributions Page 46 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA shall be credited to accounts established pursuant to 26 U.S.C.
Any interest or penalties paid on any delinquent contributions shall be credited to accounts established pursuant to 26 U.S.C.
If a member establishes a membership date prior to September 1, 2008, pursuant to subsection (2) or (3) of Section 52 of this Act, then this paragraph shall not apply to the member and all contributions previously deducted in accordance with this paragraph Page 47 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA shall be refunded to the member without interest.
If a member establishes a membership date prior to September 1, 2008, pursuant to subsection (2) or (3) of Section 52 of this Act, then this paragraph shall not apply to the member and all contributions previously deducted in accordance with this paragraph shall be refunded to the member without interest.
If the board provides for cross- referencing of insurance premiums, the employer's contribution for the working member or spouse shall be applied toward the premium, Page 48 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA and the insurance trust fund established under KRS 61.701 or accounts established pursuant to 26 U.S.C.
If the board provides for cross-referencing of insurance premiums, the employer's contribution for the working CHAPTER 102 21 member or spouse shall be applied toward the premium, and the insurance trust fund established under KRS 61.701 or accounts established pursuant to 26 U.S.C.
Page 49 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA 2.
2.
Notwithstanding the foregoing provisions of this paragraph, an employee participating in the system prior to July 1, 2003, who is killed as a direct result of an act in line of duty as defined in subsection (48) of Section 18 of this Act or as a result of a duty-related injury as defined in KRS 61.621, shall have the monthly premium paid for the beneficiary, if the beneficiary is the member's spouse, and for each dependent child, so long as they Page 50 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA individually remain eligible for a monthly retirement benefit.
Notwithstanding the foregoing provisions of this paragraph, an employee participating in the system prior to July 1, 2003, who is killed as a direct result of an act in line of duty as defined in subsection (48) of Section 18 of this Act or as a result of a duty-related injury as defined in KRS 61.621, shall have the monthly premium paid for the beneficiary, if the beneficiary is the member's spouse, and for each dependent child, so long as they individually remain eligible for a monthly retirement benefit.
of this paragraph shall be based solely on the member's service in a hazardous position using the formula in paragraph (b) of this subsection, except that for any recipient of a retirement allowance from the County Employees Retirement System who was contributing to the system on January 1, 1998, for service in a hazardous position, the percentage of the monthly contribution shall be based on the total of hazardous service and any nonhazardous service as a police or firefighter with the same agency, if that agency was participating in the County Employees Retirement System but did not offer hazardous duty coverage for its police and firefighters at the time of initial participation.
of this paragraph shall be based solely on the member's service in a hazardous position using the formula in paragraph (b) of this subsection, except that for any recipient of a retirement allowance from the County Employees Retirement System who was contributing to the system on January 1, 1998, for service in a hazardous position, the percentage of the monthly contribution shall be based on the total of hazardous service and any nonhazardous service as a police or firefighter with the same agency, if that agency was participating in the County Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY Employees Retirement System but did not offer hazardous duty coverage for its police and firefighters at the time of initial participation.
Participation in the insurance benefits provided under this section shall not be allowed until the member has earned at least one hundred twenty (120) months of service in the state-administered retirement systems, except that for members who begin participating in the Page 51 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA system on or after September 1, 2008, participation in the insurance benefits provided under this section shall not be allowed until the member has earned at least one hundred eighty (180) months of service credited under KRS 78.615(1) or another state-administered retirement system.
Participation in the insurance benefits provided under this section shall not be allowed until the member has earned at least one hundred twenty (120) months of service in the state- administered retirement systems, except that for members who begin participating in the system on or after September 1, 2008, participation in the insurance benefits provided under this section shall not be allowed until the member has earned at least one hundred eighty (180) months of service credited under KRS 78.615(1) or another state-administered retirement system.
of this paragraph shall be waived for a member who is disabled as a result of an act in line of duty as defined in subsection (48) of Section 18 of this Act or as a result of a duty related injury as defined by KRS 61.621 and the member shall be entitled to the benefits payable under this subsection as though the Page 52 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA member had twenty (20) years of service in the position for which the disabling condition occurred.
of this paragraph shall be waived for a member who is disabled as a result of an act in line of duty as defined in subsection (48) of Section 18 of this Act or as a result of a duty-related injury as defined by KRS 61.621 and the member shall be entitled to the benefits payable under this subsection as though the member had twenty (20) years of service in the position for which the disabling condition occurred.
An employee whose membership date is on or after September 1, 2008, who retires and is reemployed in a regular full-time position required to participate in the system or the Kentucky Retirement Systems shall not be eligible for health insurance coverage or benefits provided by Page 53 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA this section and shall take coverage with his or her employing agency during the period of reemployment in a regular full-time position.
An employee whose membership date is on or after September 1, 2008, who retires and is reemployed in a regular full-time position required to participate in the system or the Kentucky Retirement Systems shall not be eligible for health insurance coverage or benefits provided by this section and shall take coverage with his or her employing agency during the period of reemployment in a regular full-time position.
of this subsection according to the criteria established in paragraphs (a) to (d) of this subsection.
of this CHAPTER 102 23 subsection according to the criteria established in paragraphs (a) to (d) of this subsection.
A state-administered retirement system shall not pay any portion of a Page 54 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA member's monthly contribution for medical insurance unless the member is a recipient or annuitant of the plan.
A state-administered retirement system shall not pay any portion of a member's monthly contribution for medical insurance unless the member is a recipient or annuitant of the plan.
(b) If the retired member had more than one (1) account in the County Page 55 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA Employees Retirement System or is eligible for a benefit from the Kentucky Retirement Systems under the provisions of KRS 61.705, the combined payment from the County Employees Retirement System under this section and the Kentucky Retirement Systems under KRS 61.705 shall not exceed five thousand dollars ($5,000).
(b) If the retired member had more than one (1) account in the County Employees Retirement System or is eligible for a benefit from the Kentucky Retirement Systems under the provisions of KRS 61.705, the combined payment from the County Employees Retirement System under this section and the Kentucky Retirement Systems under KRS 61.705 shall not exceed five thousand dollars ($5,000).
(c) If a licensed funeral home is designated as beneficiary and the licensed funeral home cannot be reasonably identified or located by the system at the time of the retired member's death, then the retired member's estate shall Page 56 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA become the beneficiary of the death benefit.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (c) If a licensed funeral home is designated as beneficiary and the licensed funeral home cannot be reasonably identified or located by the system at the time of the retired member's death, then the retired member's estate shall become the beneficiary of the death benefit.
The retired member shall not be required to notify the Authority regarding any employment or volunteer Page 57 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA service with a participating agency that is accepted after twelve (12) months following his or her retirement date.
The retired member shall not be required to notify the Authority regarding any employment or volunteer service with a participating agency that is accepted after twelve (12) months following his or her retirement date.
(a) Except as provided by paragraphs (c) and (d) of this subsection, if a retired member is receiving a retirement allowance from the County Employees Retirement System, or has filed the forms required to receive a retirement Page 58 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA allowance from the County Employees Retirement System, and is employed in a regular full-time position required to participate in the County Employees Retirement System or the Kentucky Retirement Systems or is employed in a position that is not considered regular full-time with an employer participating in the County Employees Retirement System or the Kentucky Retirement Systems within three (3) months following the member's initial retirement date, the member's retirement shall be voided, and the member shall repay to the system all benefits received, including any health insurance benefits.
(a) Except as provided by paragraphs (c) and (d) of this subsection, if a retired member is receiving a retirement allowance from the County Employees Retirement System, or has filed the forms required to receive a retirement allowance from the County Employees Retirement System, and is employed in a regular full-time position required to participate in the County Employees Retirement System or the Kentucky Retirement Systems or is employed in a position that is not considered regular full-time with an employer participating in the County Employees Retirement System or the Kentucky Retirement Systems within three (3) months following the member's initial retirement date, the member's retirement shall be voided, and the member shall repay to the system all benefits received, including any health insurance benefits.
If the retired member is returning to work in a regular full-time position required to participate in the County Employees Retirement System:
If the retired member is returning to work in a regular full- time position required to participate in the County Employees Retirement System:
The member shall contribute to a member account established for him or her in the County Employees Retirement System or the Kentucky Retirement Systems, and employer contributions shall be paid on behalf of the member by the participating employer to the system;
The member shall contribute to a member account established for him or her in the County Employees Retirement System or the Kentucky Retirement Systems, and employer CHAPTER 102 25 contributions shall be paid on behalf of the member by the participating employer to the system;
Page 59 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA 1.
1.
Except as provided by KRS 70.291 to 70.293, 95.022, and 164.952 and except for any retiree employed as a school resource officer as defined by KRS 158.441, the employer shall pay employer contributions as specified by KRS 78.635 and Section 14 of this Act on all creditable Page 60 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA compensation earned by the employee during the period of reemployment.
Except as provided by KRS 70.291 to 70.293, 95.022, and 164.952 and except for any retiree employed as a school resource officer as defined by KRS 158.441, the employer shall pay employer contributions as specified by KRS 78.635 and Section 14 of this Act on all creditable compensation earned by the employee during the period of reemployment.
The member shall contribute to a member account established for him or her in the County Employees Retirement System or the Kentucky Retirement Systems, and employer contributions shall be paid on Page 61 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA behalf of the member by the participating employer;
The member shall contribute to a member account established for him or her in the County Employees Retirement System or the Kentucky Retirement Systems, and employer contributions shall be paid on behalf of the member by the participating employer;
and 2.
and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 2.
If an elected official is reelected to a new term of office in the same position and has retired from the elected office within twelve (12) months prior to taking the new term of office, he or Page 62 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA she shall be deemed by the system as having a prearranged agreement;
If an elected official is reelected to a new term of office in the same position and has retired from the elected office within twelve (12) months prior to taking the new term of office, he or she shall be deemed by the system as having a prearranged agreement;
(e) Notwithstanding paragraphs (a) to (d) of this subsection, a retired member who qualifies as a volunteer for an employer participating in the County Employees Retirement System or the Kentucky Retirement Systems and who is receiving reimbursement of actual expenses, a nominal fee for his or her volunteer services, or both, shall not be considered an employee of the Page 63 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA participating employer and shall not be subject to paragraphs (a) to (d) of this subsection if:
(e) Notwithstanding paragraphs (a) to (d) of this subsection, a retired member who qualifies as a volunteer for an employer participating in the County Employees Retirement System or the Kentucky Retirement Systems and who is receiving reimbursement of actual expenses, a nominal fee for his or her volunteer services, or both, shall not be considered an employee of the participating employer and shall not be subject to paragraphs (a) to (d) of this subsection if:
If a retired member, who provided volunteer services with a participating employer under this paragraph violates any provision of this paragraph, then he or she shall be deemed an employee of the participating employer as of the date he or she began providing volunteer services and both the retired member and the participating employer shall be subject to paragraphs (a) to (d) of this subsection for the period of volunteer service;
CHAPTER 102 27 If a retired member, who provided volunteer services with a participating employer under this paragraph violates any provision of this paragraph, then he or she shall be deemed an employee of the participating employer as of the date he or she began providing volunteer services and both the retired member and the participating employer shall be subject to paragraphs (a) to (d) of this subsection for the period of volunteer service;
(f) Notwithstanding any provision of this section, any mayor or member of a city legislative body shall not be required to resign from his or her position Page 64 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA as mayor or as a member of the city legislative body in order to begin drawing benefits from the systems administered by the Kentucky Retirement Systems or the County Employees Retirement System or subject to any provision of this section as it relates solely to his or her service as a mayor or member of the city legislative body, if the mayor of member of a city legislative body:
(f) Notwithstanding any provision of this section, any mayor or member of a city legislative body shall not be required to resign from his or her position as mayor or as a member of the city legislative body in order to begin drawing benefits from the systems administered by the Kentucky Retirement Systems or the County Employees Retirement System or subject to any provision of this section as it relates solely to his or her service as a mayor or member of the city legislative body, if the mayor of member of a city legislative body:
Has been or is participating in the County Employees Retirement System and is at least sixty two (62) years of age.
Has been or is participating in the County Employees Retirement System and is at least sixty- two (62) years of age.
At any time following retirement, if the Authority determines the employment arrangement does qualify as an independent contractor Page 65 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA or leased employee, the member may continue to receive his or her retirement allowance during the period of the contract;
At any time following retirement, if the Authority determines the employment arrangement does qualify as an independent contractor or leased employee, the member may continue to receive his or her retirement allowance during the period of the contract;
(h) The Authority shall issue a final determination regarding a certification of the absence of a prearranged agreement or the retired member's qualification as an independent contractor or leased employee as required under this section no later than thirty (30) days after the retired member Page 66 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA and participating employer provide all required forms and additional information required by the Authority;
(h) The Authority shall issue a final determination regarding a certification of the absence of a prearranged agreement or the retired member's qualification as an independent contractor or leased employee as required under this section no later than thirty (30) days after the retired member and participating employer provide all required forms and additional information required by the Authority;
(5) The Authority shall promulgate administrative regulations to implement the requirements of this section, including incorporating by reference Authority - prescribed forms that a retired member and participating agency shall provide the systems under subsections (1) and (4) of this section.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (5) The Authority shall promulgate administrative regulations to implement the requirements of this section, including incorporating by reference Authority-prescribed forms that a retired member and participating agency shall provide the systems under subsections (1) and (4) of this section.
Page 67 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA As used in KRS 78.510 to 78.852, unless the context otherwise requires:
As used in KRS 78.510 to 78.852, unless the context otherwise requires:
The term shall not include persons engaged as independent contractors, seasonal, emergency, temporary, and part-time workers.
The term shall not include persons engaged as independent contractors, seasonal, emergency, temporary, and part- time workers.
Page 68 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA (8) "Member" means any employee who is included in the membership of the system or any former employee whose membership has not ceased under KRS 78.535;
(8) "Member" means any employee who is included in the membership of the system or any former employee whose membership has not ceased under KRS 78.535;
(12) "Accumulated contributions" means the sum of all amounts deducted from the compensation of a member and credited to his individual account in the members' account, including employee contributions picked up after August 1, 1982, pursuant to KRS 78.610(4), together with interest credited, on the amounts, and any other amounts the member shall have contributed thereto, including interest credited thereon.
CHAPTER 102 29 (12) "Accumulated contributions" means the sum of all amounts deducted from the compensation of a member and credited to his individual account in the members' account, including employee contributions picked up after August 1, 1982, pursuant to KRS 78.610(4), together with interest credited, on the amounts, and any other amounts the member shall have contributed thereto, including interest credited thereon.
"Accumulated contributions" shall not include employee contributions that are deposited into accounts established pursuant to 26 U.S.C.
"Accumulated contributions" shall not include employee contributions that are deposited into accounts established pursuant to U.S.C.
401(h) within the fund established in KRS 78.520, as prescribed by subsection (3)(b) of Section 14 of this Act[KRS 61.702(2)(b)];
401(h) within the fund established in KRS 78.520, as prescribed by subsection (3)(b) of Section of this Act[KRS 61.702(2)(b)];
(a) Except as limited by paragraph (c) of this subsection, means all salary, wages, and fees, including payments for compensatory time, paid to the employee as a result of services performed for the employer or for time during which the member is on paid leave, which are includable on the member's federal form Page 69 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA W-2 wage and tax statement under the heading "wages, tips, other compensation", including employee contributions picked up after August 1, 1982, pursuant to KRS 78.610(4).
(a) Except as limited by paragraph (c) of this subsection, means all salary, wages, and fees, including payments for compensatory time, paid to the employee as a result of services performed for the employer or for time during which the member is on paid leave, which are includable on the member's federal form W-2 wage and tax statement under the heading "wages, tips, other compensation", including employee contributions picked up after August 1, 1982, pursuant to KRS 78.610(4).
This subparagraph shall also include lump-sum payments for reinstated wages pursuant to KRS 61.569, which shall be credited to the period during which the wages were earned or should have been paid by the employer;
This subparagraph shall also include lump- sum payments for reinstated wages pursuant to KRS 61.569, which shall be credited to the period during which the wages were earned or should have been paid by the employer;
Page 70 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA 4.
4.
(a) For a member who begins participating before September 1, 2008, who is employed in a nonhazardous position, the creditable compensation of the member during the five (5) fiscal years he or she was paid at the highest average monthly rate divided by the number of months of service credit during that five (5) year period multiplied by twelve (12).
(a) For a member who begins participating before September 1, 2008, who is employed in a nonhazardous position, the creditable compensation of the member during the five (5) fiscal years he or she was paid Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY at the highest average monthly rate divided by the number of months of service credit during that five (5) year period multiplied by twelve (12).
If the number of months of service credit during the five (5) year period is less than forty-eight (48), one (1) or Page 71 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA more additional fiscal years shall be used;
If the number of months of service credit during the five (5) year period is less than forty- eight (48), one (1) or more additional fiscal years shall be used;
If the number of months of service credit during the three (3) year period is less than twenty- four (24), one (1) or more additional fiscal years, which may contain less than twelve (12) months of service credit, shall be used;
If the number of months of service credit during the three (3) year period is less than twenty-four (24), one (1) or more additional fiscal years, which may contain less than twelve (12) months of service credit, shall be used;
If the member does not have five (5) complete fiscal years that Page 72 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA each contain twelve (12) months of service credit, then one (1) or more additional fiscal years, which may contain less than twelve (12) months of service credit, shall be added until the number of months in the final compensation calculation is at least sixty (60) months;
If the member does not have five (5) complete fiscal years that each contain twelve (12) months of service credit, then one (1) or more additional fiscal years, which may contain less than twelve (12) months of service credit, shall be added until the number of months in the final compensation calculation is at least sixty (60) months;
(17) "Actuarial equivalent" means a benefit of equal value when computed upon the Page 73 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA basis of the actuarial tables adopted by the board.
(17) "Actuarial equivalent" means a benefit of equal value when computed upon the basis of the actuarial tables adopted by the board.
or (c) For a member with service in a hazardous position who begins participating on or after September 1, 2008, the first day of the month following a member's sixtieth birthday;
or CHAPTER 102 31 (c) For a member with service in a hazardous position who begins participating on or after September 1, 2008, the first day of the month following a member's sixtieth birthday;
(21) "Regular full-time positions," as used in subsection (6) of this section, shall mean all positions that average one hundred (100) or more hours per month, determined Page 74 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA by using the number of hours actually worked in a calendar or fiscal year, or eighty (80) or more hours per month in the case of noncertified employees of school boards, determined by using the number of hours actually worked in a calendar or school year, unless otherwise specified, except:
(21) "Regular full-time positions," as used in subsection (6) of this section, shall mean all positions that average one hundred (100) or more hours per month, determined by using the number of hours actually worked in a calendar or fiscal year, or eighty (80) or more hours per month in the case of noncertified employees of school boards, determined by using the number of hours actually worked in a calendar or school year, unless otherwise specified, except:
or (e) Part-time positions that are positions that may be permanent in duration, but that require less than a calendar or fiscal year average of one hundred (100) hours of work per month, determined by using the number of months actually worked within a calendar or fiscal year, in the performance of duty, except in case of noncertified employees of school boards, the school term average shall be eighty (80) hours of work per month, determined by using the number of Page 75 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA months actually worked in a calendar or school year, in the performance of duty;
or (e) Part-time positions that are positions that may be permanent in duration, but that require less than a calendar or fiscal year average of one hundred (100) hours of work per month, determined by using the number of months actually worked within a calendar or fiscal year, in the performance of duty, except in case of noncertified employees of school boards, the school term average shall be eighty (80) hours of work per month, determined by using the number of months actually worked in a calendar or school year, in the performance of duty;
As used in Section 14 of this Act[KRS 61.702], beneficiary shall not mean an estate, trust, or trustee;
As used in Section of this Act[KRS 61.702], beneficiary shall not mean an estate, trust, or trustee;
(30) "Vested" for purposes of determining eligibility for purchasing service credit under Section 52 of this Act means the employee has at least forty-eight (48) Page 76 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA months of service if age sixty-five (65) or older or at least sixty (60) months of service if under the age of sixty-five (65).
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (30) "Vested" for purposes of determining eligibility for purchasing service credit under Section 52 of this Act means the employee has at least forty-eight (48) months of service if age sixty-five (65) or older or at least sixty (60) months of service if under the age of sixty-five (65).
For purposes of this paragraph, service shall mean service in the systems administered by the Kentucky Retirement Systems and County Employees Retirement System["Delayed contribution payment" means an amount paid by an employee for current service obtained under KRS 61.552.
For purposes of this subsection, "service" means service in the systems administered by the Kentucky Retirement Systems and County Employees Retirement System["Delayed contribution payment" means an amount paid by an employee for current service obtained under KRS 61.552.
Page 77 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA (37) "Accumulated employer credit" means the employer pay credit deposited to the member's account and interest credited on such amounts as provided by Sections 2 and 4 of this Act[KRS 16.583 and 61.597];
(37) "Accumulated employer credit" means the employer pay credit deposited to the member's account and interest credited on such amounts as provided by Sections 2 and 4 of this Act[KRS 16.583 and 61.597];
(41) "Nonhazardous position" means a position that does not meet the requirements of Page 78 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA Section 6 of this Act[KRS 61.592] or has not been approved by the board as a hazardous position;
(41) "Nonhazardous position" means a position that does not meet the requirements of Section 6 of this Act[KRS 61.592] or has not been approved by the board as a hazardous position;
(43) "Level-percentage-of-payroll amortization method" means a method of determining the annual amortization payment on the unfunded actuarial accrued liability as expressed as a percentage of payroll over a set period of years.
CHAPTER 102 33 (43) "Level-percentage-of-payroll amortization method" means a method of determining the annual amortization payment on the unfunded actuarial accrued liability as expressed as a percentage of payroll over a set period of years.
or laboratory findings which are anatomical, physiological, or psychological phenomena that can be shown by medically acceptable laboratory diagnostic techniques, including but Page 79 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA not limited to chemical tests, electrocardiograms, electroencephalograms, X-rays, and psychological tests;
or laboratory findings which are anatomical, physiological, or psychological phenomena that can be shown by medically acceptable laboratory diagnostic techniques, including but not limited to chemical tests, electrocardiograms, electroencephalograms, X-rays, and psychological tests;
and (51) "Disability retirement date" means the first day of the month following the last day of paid employment;
(51) "Disability retirement date" means the first day of the month following the last day of paid employment;
Page 80 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA (53)[(46)] "Authority" means the Kentucky Public Pensions Authority as provided by KRS 61.505;
(53)[(46)] "Authority" means the Kentucky Public Pensions Authority as provided by KRS 61.505;
(b) All persons who are employees of a county on the date the county first participates in the system, either in service or on authorized leave from service, and who elect within thirty (30) days next following the county's participation, or in the case of persons on authorized leave, within thirty (30) days of their return to active service, to become members and thereby agree to make contributions as provided in KRS 78.520 to 78.852;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) All persons who are employees of a county on the date the county first participates in the system, either in service or on authorized leave from service, and who elect within thirty (30) days next following the county's participation, or in the case of persons on authorized leave, within thirty (30) days of their return to active service, to become members and thereby agree to make contributions as provided in KRS 78.520 to 78.852;
Persons who elect to participate Page 81 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA under this paragraph may purchase service credit for any prior years in accordance with subsection (5)(a) of Section 52 of this Act[by paying a delayed contribution payment], provided the person began participating in the system prior to January 1, 2014.
Persons who elect to participate under this paragraph may purchase service credit for any prior years in accordance with subsection (5)(a) of Section 52 of this Act[by paying a delayed contribution payment], provided the person began participating in the system prior to January 1, 2014.
or (b) Employees who are simultaneously participating in another state-administered defined benefit plan within Kentucky other than those administered by the Kentucky Retirement Systems or the County Employees Retirement System[, except for employees who have ceased to contribute to one (1) of the state- administered retirement plans as provided in KRS 21.360].
or (b) Employees who are simultaneously participating in another state-administered defined benefit plan within Kentucky other than those administered by the Kentucky Retirement Systems or the County Employees Retirement System[, except for employees who have ceased to contribute to one (1) of the state-administered retirement plans as provided in KRS 21.360].
For persons hired prior to August 1, 2000, upon termination of Page 82 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA employment with prejudice, as defined by paragraph (b) of this subsection;
For persons hired prior to August 1, 2000, upon termination of employment with prejudice, as defined by paragraph (b) of this subsection;
(d) When membership ceases, except in the case of retirement, the member shall thereafter lose all right to any retirement allowance or benefits under KRS 78.510 to 78.852 arising from service prior to the date of such cessation of membership.
CHAPTER 102 35 (d) When membership ceases, except in the case of retirement, the member shall thereafter lose all right to any retirement allowance or benefits under KRS 78.510 to 78.852 arising from service prior to the date of such cessation of membership.
Page 83 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA The following matters shall be administered for the County Employees Retirement System in the same manner subject to the same limitations and requirements as provided for the Kentucky Employees Retirement System as follows:
The following matters shall be administered for the County Employees Retirement System in the same manner subject to the same limitations and requirements as provided for the Kentucky Employees Retirement System as follows:
(18) Death before retirement, beneficiary's options, as provided for by KRS 61.640;] Page 84 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA (9)[(19)] Board of trustees, conflict of interest, as provided for by KRS 61.655;
(18) Death before retirement, beneficiary's options, as provided for by KRS 61.640;] (9)[(19)] Board of trustees, conflict of interest, as provided for by KRS 61.655;
(18)[(32)] Statement to be made under oath, good faith reliance, as provided for in KRS 61.699;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (18)[(32)] Statement to be made under oath, good faith reliance, as provided for in KRS 61.699;
Page 85 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA [(38) Hybrid cash balance plan provided to new members as provided by KRS 61.597;] (22)[(39)] Employer payment of increases in creditable compensation and adjustments to creditable compensation during the last five (5) years of employment as provided by KRS 61.598;
[(38) Hybrid cash balance plan provided to new members as provided by KRS 61.597;] (22)[(39)] Employer payment of increases in creditable compensation and adjustments to creditable compensation during the last five (5) years of employment as provided by KRS 61.598;
Effective April 1, 2021, as it relates to KRS [16.582, 61.545, 61.552,] 61.590, 61.598, [61.600, 61.615, ]61.655, [61.660, ]61.665, and[61.691,] 61.703[, and 61.705], references to "Kentucky Retirement Systems" or "systems administered by Kentucky Retirement Systems" as it relates to benefit eligibility shall include the County Employees Retirement System and references to "Kentucky Retirement Systems" or the "Kentucky Retirement Systems board of trustees" as it relates to administrative decisions, duties, requirements, or conflict of interest provisions shall for purposes of the County Employees Retirement System mean the County Employees Retirement System or County Employees Retirement System board of trustees, as applicable.
Effective April 1, 2021, as it relates to KRS[16.582, 61.545, 61.552,] 61.590, 61.598, [61.600, 61.615, ]61.655, [61.660, ]61.665, and[61.691,] 61.703[, and 61.705], references to "Kentucky Retirement Systems" or "systems administered by Kentucky Retirement Systems" as it relates to benefit eligibility shall include the County Employees Retirement System and references to "Kentucky Retirement Systems" or the "Kentucky Retirement Systems board of trustees" as it relates to administrative decisions, duties, requirements, or conflict of interest provisions shall for purposes of the County Employees Retirement System mean the County Employees Retirement System or County Employees Retirement System board of trustees, as applicable.
(2) The agency reporting official of a participating county shall cause to be deducted Page 86 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA from the "creditable compensation" of each employee for each and every payroll period subsequent to the date the county participated in the system the contribution payable by the member as provided in KRS 78.510 to 78.852.
(2) The agency reporting official of a participating county shall cause to be deducted from the "creditable compensation" of each employee for each and every payroll period subsequent to the date the county participated in the system the contribution payable by the member as provided in KRS 78.510 to 78.852.
Employee contributions picked up after August 1, 1982, shall be treated for all purposes of KRS 78.510 to 78.852 in the same manner and to the same extent as Page 87 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA employee contributions made prior to August 1, 1982.
Employee CHAPTER 102 37 contributions picked up after August 1, 1982, shall be treated for all purposes of KRS 78.510 to 78.852 in the same manner and to the same extent as employee contributions made prior to August 1, 1982.
The school Page 88 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA board shall certify the number of calendar days worked, the rate of pay, and the hours in a work day for each employee monthly or annually.
The school board shall certify the number of calendar days worked, the rate of pay, and the hours in a work day for each employee monthly or annually.
In the event an employee is paid for less than one hundred eighty (180) calendar days, the Page 89 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA employee may purchase credit according to administrative regulations promulgated by the system.
In the event an employee is paid for less than one hundred eighty (180) calendar days, the employee may purchase credit according to administrative regulations promulgated by the system.
(d) Notwithstanding paragraph (c) of this subsection, a noncertified employee of a school board who retires between July 1, 2000, and August 1, 2001, may choose to have service earned between July 1, 2000, and August 1, 2001, credited as described in paragraph (b) of this subsection, if the employee or retired member notifies the retirement system within one (1) year of his or her initial retirement.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (d) Notwithstanding paragraph (c) of this subsection, a noncertified employee of a school board who retires between July 1, 2000, and August 1, 2001, may choose to have service earned between July 1, 2000, and August 1, 2001, credited as described in paragraph (b) of this subsection, if the employee or retired member notifies the retirement system within one (1) year of his or her initial retirement.
and Page 90 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA (b) A member on approved educational leave[ who meets the criteria established by the state Personnel Cabinet for approved educational leave], who is receiving seventy-five percent (75%) or more of full salary, shall receive service credit and shall pay member contributions in accordance with KRS 78.610, and his or her employer shall pay employer contributions [or the contributions shall be picked up ]in accordance with KRS 78.635.
and (b) A member on approved educational leave[ who meets the criteria established by the state Personnel Cabinet for approved educational leave], who is receiving seventy-five percent (75%) or more of full salary, shall receive service credit and shall pay member contributions in accordance with KRS 78.610, and his or her employer shall pay employer contributions [or the contributions shall be picked up ]in accordance with KRS 78.635.
[Any employer in the County Employees Retirement System who has not elected to participate in a sick leave program established by this section prior to August 1, 2018, shall not be eligible to elect to participate in a sick leave program established by this section.] (3) (a) Upon the member's notification of retirement as prescribed in KRS 61.590, the employer shall certify the retiring employee's unused, accumulated sick- leave balance to the system.
[Any employer in the County Employees Retirement System who has not elected to participate in a sick leave program established by this section prior to August 1, 2018, shall not be eligible to elect to participate in a sick leave program established by this section.] (3) (a) Upon the member's notification of retirement as prescribed in KRS 61.590, the employer shall certify the retiring employee's unused, accumulated sick-leave balance to the system.
The member's sick-leave balance, expressed in Page 91 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA days, shall be divided by the average number of working days per month in county service and rounded to the nearest number of whole months.
The member's sick-leave balance, expressed in days, shall be divided by the average number of working days per month in county service and rounded to the nearest number of whole months.
Accumulated sick- leave in excess of six (6) months shall be added to the member's service credit if the member or employer pays to the retirement system the value of the additional service credit based on the formula adopted by the board, subject to the restrictions provided by paragraph (d) of this subsection.
Accumulated sick-leave in excess of six (6) months shall be added to the member's service credit if the member or employer pays to the retirement system the value of the additional service credit based on the formula adopted by the board, subject to the restrictions provided by paragraph (d) of this subsection.
1.
CHAPTER 102 39 1.
The member shall receive no more than twelve (12) months of service credit upon retirement for accumulated unused sick leave accrued while contributing to the retirement system from which the retirement benefit Page 92 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA is to be paid;
The member shall receive no more than twelve (12) months of service credit upon retirement for accumulated unused sick leave accrued while contributing to the retirement system from which the retirement benefit is to be paid;
(5) (a) As an alternative to subsections (1), (3), (4), and (6) of this section, any agency participating in the County Employees Retirement System which has formally adopted a sick-leave program that is universally administered to its employees, or administered to a majority of eligible employees in accordance with subsection (6) of this section, shall, at the time of termination, or as provided in[authorized by] KRS 161.155 in the case of school boards, compensate the employee for unused sick-leave days the employee has accumulated which it is the uniform policy of the agency to allow.
(5) (a) As an alternative to subsections (1), (3), (4), and (6) of this section, any agency participating in the County Employees Retirement System which has formally adopted a sick-leave program that is universally administered to its employees, or administered to a majority of eligible employees in accordance with subsection (6) of this section, shall, at the time of termination, or as provided in[authorized by] KRS 161.155 in the case of school boards, compensate the employee for unused sick- leave days the employee has accumulated which it is the uniform policy of the agency to allow.
(b) The rate of compensation for each unused sick-leave day shall be based on the Page 93 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA daily salary rate calculated from the employee's current rate of pay.
(b) The rate of compensation for each unused sick-leave day shall be based on the daily salary rate calculated from the employee's current rate of pay.
[(d) For members who began participating in the retirement system prior to September 1, 2008, who retire on or after July 1, 2023, any service added for accumulated sick leave to the member's service credit shall not be used to determine whether a member is eligible to receive a retirement allowance under KRS 78.510 to 78.852 or to reduce any applicable actuarial reductions.] (6) Any city of the first class that has two (2) or more sick-leave programs for its employees may purchase service credit with the retirement system for up to six (6) months of unused sick leave for each retiring employee who participates in the sick- leave program administered to a majority of the eligible employees of the city.
[(d) For members who began participating in the retirement system prior to September 1, 2008, who retire on or after July 1, 2023, any service added for accumulated sick leave to the member's service credit shall not be used to determine whether a member is eligible to receive a retirement allowance under KRS 78.510 to 78.852 or to reduce any applicable actuarial reductions.] (6) Any city of the first class that has two (2) or more sick-leave programs for its employees may purchase service credit with the retirement system for up to six (6) months of unused sick leave for each retiring employee who participates in the sick-leave program administered to a majority of the eligible employees of the city.
An employee participating in a sick-leave program administered to a minority of the eligible employees shall become eligible for the purchase of service credit under Page 94 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA this subsection when the employee commences participating in the sick-leave program that is administered to a majority of the eligible employees of the city.
An employee participating in a sick-leave program administered to a minority of the eligible employees shall become eligible for the purchase of service credit under this subsection when the employee commences participating in the sick-leave program that is administered to a majority of the eligible employees of the city.
(1) The employer shall prepare the reporting records necessary for the system to administer the provisions of KRS 78.510 to 78.852 and, from time to time, shall furnish the information the system may require in the discharge of its duties.
(1) The employer shall prepare the reporting records necessary for the system to administer the provisions of KRS 78.510 to 78.852 and, from time to time, shall furnish the information the system may require in the discharge Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY of its duties.
(b) Delinquent contributions, with interest at the rate adopted by the board Page 95 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA compounded annually, or penalties may be recovered by action in the Franklin Circuit Court against the county liable or may, at the request of the board, be deducted from any other moneys payable to the county by any department or agency of the state.
(b) Delinquent contributions, with interest at the rate adopted by the board compounded annually, or penalties may be recovered by action in the Franklin Circuit Court against the county liable or may, at the request of the board, be deducted from any other moneys payable to the county by any department or agency of the state.
(1) (a) Except as provided by subsection (4)[(5)] of this section, each employer participating in the County Employees Retirement System as provided for in Page 96 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA KRS 78.510 to 78.852 shall contribute annually to the system an amount determined by the actuarial valuation completed in accordance with KRS 78.784 and as specified by this section.
(1) (a) Except as provided by subsection (4)[(5)] of this section, each employer participating in the County Employees Retirement System as provided for in KRS 78.510 to 78.852 shall contribute annually to the system an amount determined by the actuarial valuation completed in accordance with KRS 78.784 and as specified by this section.
Employer contributions for the system shall be equal to the sum of[equal to the percent, as computed under subsection (2) of this section, of the creditable compensation of its employees to be known as ]the "normal cost contribution[contributions,]" and [an additional amount to be known as ]the "actuarially accrued liability contribution"[ which shall be computed by amortizing the total unfunded actuarially accrued liability over a period of thirty (30) years using the level- percentage-of-payroll amortization method.
Employer contributions for the system shall be equal to the sum of [equal to the percent, as computed under subsection (2) of this section, of the creditable compensation of its employees to be known as ]the "normal cost contribution[contributions,]" and [an additional amount to be known as ]the "actuarially accrued liability contribution."[ which shall be computed by amortizing the total unfunded actuarially accrued liability over a period of thirty (30) years using the level-percentage-of-payroll amortization method.
and 2.
and CHAPTER 102 41 2.
The same percentage of pay for all employees who are participating in the system, except that separate percentage rates shall be developed in each system for those employers whose employees are participating in hazardous duty retirement coverage as provided by Section 6 of this Act[The normal contribution rate shall be determined by the entry age Page 97 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA normal cost funding method.
The same percentage of pay for all employees who are participating in the system, except that separate percentage rates shall be developed in each system for those employers whose employees are participating in hazardous duty retirement coverage as provided by Section 6 of this Act[The normal contribution rate shall be determined by the entry age normal cost funding method.
Page 98 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA (d) The employer contributions computed under this section shall be determined using:
(d) The employer contributions computed under this section shall be determined using:
(3)[(4)] Employer contribution rates as provided by this section shall[:
(3)[(4)] Employer contribution rates as provided by this section shall [:
Page 99 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA Section 27.
Section 27.
(a) All members' contributions, or contributions picked up by the employer after August 1, 1982, and interest allowances[ or investment returns] as provided in KRS 78.510 to 78.852 shall be credited, except as provided by paragraph (3)(b) of Section 14 of this Act[KRS 61.702(2)(b)];
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (a) All members' contributions, or contributions picked up by the employer after August 1, 1982, and interest allowances[ or investment returns] as provided in KRS 78.510 to 78.852 shall be credited, except as provided by paragraph (3)(b) of Section 14 of this Act[KRS 61.702(2)(b)];
(b) For a member who begins participating before September 1, 2008, interest shall be credited to his individual account at a rate determined by the board Page 100 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA but not less than two percent (2%) per annum on the accumulated account balance of the member on June 30 of the preceding fiscal year.
(b) For a member who begins participating before September 1, 2008, interest shall be credited to his individual account at a rate determined by the board but not less than two percent (2%) per annum on the accumulated account balance of the member on June 30 of the preceding fiscal year.
From this account Page 101 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA shall be paid the expenses of the system and the board in administration of the system, retirement allowances, and any other benefits payable after a member's retirement and from this account shall be transferred to the members' account:
From this account shall be paid the expenses of the system and the board in administration of the system, retirement allowances, and any other benefits payable after a member's retirement and from this account shall be transferred to the members' account:
(1) The County Employees Retirement System shall be administered by the board of trustees composed of nine (9) members, who shall be selected as follows:
CHAPTER 102 43 (1) The County Employees Retirement System shall be administered by the board of trustees composed of nine (9) members, who shall be selected as follows:
Page 102 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA 3.
3.
Page 103 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA 3.
3.
or 5.
or Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 5.
(d) Except as provided in KRS 78.790(6), to contract for investment counseling, auditing, medical, and other professional or technical services as required to carry out the obligations of the board subject to the provisions of KRS Page 104 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA Chapters 45, 45A, 56, and 57.
(d) Except as provided in KRS 78.790(6), to contract for investment counseling, auditing, medical, and other professional or technical services as required to carry out the obligations of the board subject to the provisions of KRS Chapters 45, 45A, 56, and 57.
(b) Individuals may be nominated by the system members by presenting to the executive director, not less than four (4) months before a term of office of a Page 105 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA trustee is due to expire, a petition, bearing the name, last four (4) digits of the Social Security number, and signature of no less than one-tenth (1/10) of the number voting in the last election by the system members.
(b) Individuals may be nominated by the system members by presenting to the executive director, not less than four (4) months before a term of office of a trustee is due to expire, a petition, bearing the name, last four (4) digits of the Social Security number, and signature of no less than one-tenth (1/10) of the number voting in the last election by the system members.
(h) For purposes of this subsection, an eligible voter shall be a person who was a member of the system on December 31 of the year preceding the election year.
CHAPTER 102 45 (h) For purposes of this subsection, an eligible voter shall be a person who was a member of the system on December 31 of the year preceding the election year.
(i) Each individual who submits a request to be nominated by the board under paragraph (a) of this subsection and each individual who is nominated by the Page 106 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA membership under paragraph (b) of this subsection shall:
(i) Each individual who submits a request to be nominated by the board under paragraph (a) of this subsection and each individual who is nominated by the membership under paragraph (b) of this subsection shall:
(b) Any appointments or reappointments to an appointed position on the board Page 107 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA shall be made at least thirty (30) days prior to an appointed member's term of office ending.
(b) Any appointments or reappointments to an appointed position on the board shall be made at least thirty (30) days prior to an appointed member's term of office ending.
The Governor's office shall, with each appointment or reappointment, request lists to be submitted and base selections on those lists solely under the procedures and requirements provided by subsection (1)(b) of this section.
The Governor's Office shall, with each appointment or reappointment, request lists to be submitted and base selections on those lists solely under the procedures and requirements provided by subsection (1)(b) of this section.
A trustee who has served four (4) consecutive years as chair or vice chair of the board may be elected chair or vice chair of the board after an Page 108 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA absence of two (2) years from the positions.
A trustee who has served four (4) consecutive years as chair or vice chair of the board may be elected chair or vice chair of the board after an absence of two (2) years from the positions.
(9) (a) The board of trustees shall appoint or contract for the services of a chief executive officer and general counsel and fix the compensation and other terms of employment for these positions[this position] without limitation of the provisions of KRS Chapters 18A and 45A and KRS 64.640.
(9) (a) The board of trustees shall appoint or contract for the services of a chief executive officer and general counsel and fix the compensation and other terms of employment for these positions[this position] Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY without limitation of the provisions of KRS Chapters 18A and 45A and KRS 64.640.
Provisions of KRS 78.510 to Page 109 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA 78.852 which conflict with federal statute or regulation or qualification under 26 U.S.C.
Provisions of KRS 78.510 to 78.852 which conflict with federal statute or regulation or qualification under 26 U.S.C.
If the audit is performed by an independent certified Page 110 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA public accountant, the Auditor of Public Accounts shall not be required to perform an audit pursuant to KRS 43.050(2)(a), but may perform an audit at his or her discretion.
If the audit is performed by an independent certified public accountant, the Auditor of Public Accounts shall not be required to perform an audit pursuant to KRS 43.050(2)(a), but may perform an audit at his or her discretion.
(14) Except as provided under subsection (16) of this section or KRS 61.665, any person adversely affected by a decision of the board involving KRS 78.510 to 78.852 may appeal the decision of the board to the Franklin Circuit Court within sixty (60) days of the board action.
CHAPTER 102 47 (14) Except as provided under subsection (16) of this section or KRS 61.665, any person adversely affected by a decision of the board involving KRS 78.510 to 78.852 may appeal the decision of the board to the Franklin Circuit Court within sixty (60) days of the board action.
(15) (a) A trustee shall discharge his or her duties as a trustee, including his or her Page 111 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA duties as a member of a committee:
(15) (a) A trustee shall discharge his or her duties as a trustee, including his or her duties as a member of a committee:
The trustee has breached or failed to perform the duties of the trustee's Page 112 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA office in compliance with this section;
The trustee has breached or failed to perform the duties of the trustee's office in compliance with this section;
(17) The board shall establish a formal trustee education program for all trustees of the Page 113 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA board.
(17) The board shall establish a formal trustee education program for all trustees of the board.
(a) A required orientation program for all new trustees elected or appointed to the board.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (a) A required orientation program for all new trustees elected or appointed to the board.
Notices and agendas shall be posted to the Kentucky Public Pensions Authority's Web site Page 114 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA at least seventy-two (72) hours in advance of the board or committee meetings, except in the case of special or emergency meetings as provided by KRS 61.823;
Notices and agendas shall be posted to the Kentucky Public Pensions Authority's Web site at least seventy-two (72) hours in advance of the board or committee meetings, except in the case of special or emergency meetings as provided by KRS 61.823;
Page 115 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA (g) A document containing an unofficial copy of the statutes governing the system;
(g) A document containing an unofficial copy of the statutes governing the system;
(h) A listing of the members of the board of trustees and membership on each committee established by the board, including any investment committees;
CHAPTER 102 49 (h) A listing of the members of the board of trustees and membership on each committee established by the board, including any investment committees;
Page 116 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA (k) A searchable database of the system's expenditures and a listing of each individual employed by the system along with the employee's salary or wages.
(k) A searchable database of the system's expenditures and a listing of each individual employed by the system along with the employee's salary or wages.
For purposes of this subsection, "placement agent" means a Page 117 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA third-party individual, who is not an employee, or firm, wholly or partially owned by the entity being hired, who solicits investments on behalf of an investment manager, private fund, or company issuing securities.
For purposes of this subsection, "placement agent" means a third-party individual, who is not an employee, or firm, wholly or partially owned by the entity being hired, who solicits investments on behalf of an investment manager, private fund, or company issuing securities.
2.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 2.
With the care, skill, and caution under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an activity of like character and Page 118 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA purpose;
With the care, skill, and caution under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an activity of like character and purpose;
(2) The board, through adopted written policies, shall maintain ownership and control over its assets held in its unitized managed custodial account[All securities acquired under the authority of KRS 78.510 to 78.852 shall be registered in the name County Employees Retirement System or nominee name as provided by KRS 286.3-225 and every change in registration, by reason of sale or assignment of such securities, shall be accomplished pursuant to written policies adopted by the board].
(2) The board, through adopted written policies, shall maintain ownership and control over its assets held in its unitized managed custodial account[All securities acquired under the authority of KRS 78.510 to 78.852 shall be registered in the name County Employees Retirement System or nominee name as provided by KRS 286.3- and every change in registration, by reason of sale or assignment of such securities, shall be accomplished pursuant to written policies adopted by the board].
(3) The board, in keeping with its responsibility as the trustee and wherever feasible, Page 119 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA shall give priority to the investment of funds in obligations calculated to improve the industrial development and enhance the economic welfare of the Commonwealth.
(3) The board, in keeping with its responsibility as the trustee and wherever feasible, shall give priority to the investment of funds in obligations calculated to improve the industrial development and enhance the economic welfare of the Commonwealth.
(c) Upon receipt of comments from the secretary of the Finance and Administration Cabinet or his or her designee, the board shall choose to adopt or not adopt any recommended changes;
CHAPTER 102 51 (c) Upon receipt of comments from the secretary of the Finance and Administration Cabinet or his or her designee, the board shall choose to adopt or not adopt any recommended changes;
(d) Upon adoption, the board shall tender the final investment procurement policy Page 120 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA to the secretary of the Finance and Administration Cabinet or his or her designee;
(d) Upon adoption, the board shall tender the final investment procurement policy to the secretary of the Finance and Administration Cabinet or his or her designee;
(7) "Accumulated contributions" at any time means the sum of all amounts deducted from the compensation of a member and credited to his individual account in the member's account, including employee contributions picked up after August 1, Page 121 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA 1982, pursuant to KRS 16.545(4), together with interest credited on such amounts as provided in KRS 16.505 to 16.652, and any other amounts the member shall have contributed, including interest credited.
(7) "Accumulated contributions" at any time means the sum of all amounts deducted from the compensation of a member and credited to his individual account in the member's account, including employee contributions picked up after August 1, 1982, pursuant to KRS 16.545(4), together with interest credited on such amounts as provided in KRS 16.505 to 16.652, and any other amounts the member shall have contributed, including interest credited.
For members who begin participating on or after September 1, 2008, "accumulated contributions" shall not include employee contributions that are deposited into accounts established pursuant to 26 U.S.C.
For members who begin participating on or after September 1, 2008, "accumulated contributions" shall not include employee contributions that are deposited into accounts established pursuant to U.S.C.
Lump-sum payments for creditable compensation paid as a result of an order of a court of competent jurisdiction, the Personnel Board, or the Commission on Human Rights, or for any creditable compensation paid in anticipation of settlement of an action before a court of competent jurisdiction, the Personnel Board, or the Commission on Human Rights, including notices of violations of state or federal wage and hour statutes or violations of state or federal discrimination statutes, which shall be Page 122 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA credited to the fiscal year during which the wages were earned or should have been paid by the employer.
Lump-sum payments for creditable compensation paid as a result of an order of a court of competent jurisdiction, the Personnel Board, or the Commission on Human Rights, or for any creditable compensation paid in anticipation of settlement of an action before a court of competent jurisdiction, the Personnel Board, or the Commission on Human Rights, including notices of violations of state or federal wage and hour statutes or violations of state or federal discrimination statutes, which shall be credited to the fiscal year during which the wages were earned or should have been paid by the employer.
This subparagraph shall also include lump-sum payments for reinstated wages pursuant to KRS 61.569, which shall be credited to the period during which the wages were earned or should have been paid by the employer;
This subparagraph shall also include lump- sum payments for reinstated wages pursuant to KRS 61.569, which shall be credited to the period during which the wages were earned or should have been paid by the employer;
3.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 3.
[Uniform, equipment, or any other expense allowances paid on or after January 1, 2019, ]Living allowances, expense reimbursements, lump- sum payments for accrued vacation leave, and other items determined by the board;
[Uniform, equipment, or any other expense allowances paid on or after January 1, 2019, ]Living allowances, expense reimbursements, lump-sum payments for accrued vacation leave, and other items determined by the board;
the three (3) years may be Page 123 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA fractional and need not be consecutive.
the three (3) years may be fractional and need not be consecutive.
two thousand eighty (2,080) hours for eight (8) hour workdays, one thousand nine hundred fifty (1,950) hours for seven and one-half (7- 1/2) hour workdays, two hundred sixty (260) days, fifty-two (52) weeks, twelve (12) months, or one (1) year;
two thousand eighty (2,080) hours for eight (8) hour workdays, one thousand nine hundred fifty (1,950) hours for seven and one-half (7-1/2) hour workdays, two hundred sixty (260) days, fifty-two (52) weeks, twelve (12) months, or one (1) year;
(12) "Retirement allowance" means the retirement payments to which a retired member Page 124 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA is entitled;
(12) "Retirement allowance" means the retirement payments to which a retired member is entitled;
(a) For a member who begins participating before September 1, 2008, the first day of the month following a member's fifty-fifth birthday, except that for members over age fifty-five (55) on July 1, 1958, it shall mean January 1, 1959;
CHAPTER 102 53 (a) For a member who begins participating before September 1, 2008, the first day of the month following a member's fifty-fifth birthday, except that for members over age fifty-five (55) on July 1, 1958, it shall mean January 1, 1959;
Solely in the case of a member who dies as a direct result of an act in line of duty as defined in this section or who dies as a result of a duty-related injury as defined in KRS 61.621, "dependent child" also means a naturally or legally adopted disabled child Page 125 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA of the member, regardless of the child's age, if the child has been determined to be eligible for federal Social Security disability benefits or is being claimed as a qualifying child for tax purposes due to the child's total and permanent disability;
Solely in the case of a member who dies as a direct result of an act in line of duty as defined in this section or who dies as a result of a duty-related injury as defined in KRS 61.621, "dependent child" also means a naturally or legally adopted disabled child of the member, regardless of the child's age, if the child has been determined to be eligible for federal Social Security disability benefits or is being claimed as a qualifying child for tax purposes due to the child's total and permanent disability;
Page 126 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA (24) "Current rate of pay" means the member's actual hourly, daily, weekly, biweekly, monthly, or yearly rate of pay converted to an annual rate as defined in final rate of pay.
(24) "Current rate of pay" means the member's actual hourly, daily, weekly, biweekly, monthly, or yearly rate of pay converted to an annual rate as defined in final rate of pay.
For purposes of this paragraph, service shall mean service in the systems administered by the Kentucky Retirement Systems and County Employees Retirement System["Delayed contribution payment" means an amount paid by an employee for purchase of current service.
For purposes of this subsection, service shall mean service in the systems administered by the Kentucky Retirement Systems and County Employees Retirement System["Delayed contribution payment" means an amount paid by an employee for purchase of Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY current service.
Page 127 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA (30) "Last day of paid employment" means the last date employer and employee contributions are required to be reported in accordance with KRS 16.543 or[,] 61.543[, or 78.615] to the retirement office in order for the employee to receive current service credit for the month.
(30) "Last day of paid employment" means the last date employer and employee contributions are required to be reported in accordance with KRS 16.543 or[,] 61.543[, or 78.615] to the retirement office in order for the employee to receive current service credit for the month.
(37) "Qualified domestic relations order" means any judgment, decree, or order, Page 128 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA including approval of a property settlement agreement, that:
(37) "Qualified domestic relations order" means any judgment, decree, or order, including approval of a property settlement agreement, that:
Service credit shall be allowed for each month such member receives creditable compensation for an Page 129 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA average of one hundred (100) hours or more of work per month.
Service credit shall be allowed for each month such member receives creditable compensation for an average of one hundred (100) hours or more of work per month.
If the average number of hours of work is less than one hundred (100) per month, the member shall be allowed credit only for those months he or she receives creditable compensation for one hundred (100) hours of work.
If the CHAPTER 102 55 average number of hours of work is less than one hundred (100) per month, the member shall be allowed credit only for those months he or she receives creditable compensation for one hundred (100) hours of work.
The following subjects shall be administered in the same manner subject to the same Page 130 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA limitations and requirements as provided for the Kentucky Employees Retirement System as follows:
The following subjects shall be administered in the same manner subject to the same limitations and requirements as provided for the Kentucky Employees Retirement System as follows:
(19) Reinstatement of lost service credit, purchase of service credit, service for armed forces, interest paid, and delayed contribution and installment payments, as provided for by KRS 61.552;
(19) Reinstatement of lost service credit, purchase of service credit, service for Armed Forces, interest paid, and delayed contribution and installment payments, as provided for by KRS 61.552;
Page 131 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA (21) Refund of contributions, conditions, as provided by KRS 61.625;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (21) Refund of contributions, conditions, as provided by KRS 61.625;
(1) (a) Any member who begins participating before September 1, 2008, who has at least five (5) years of service credit may retire at his normal retirement date, or subsequent thereto, upon written notification to the system, setting forth at Page 132 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA what date the retirement is to become effective, if the effective date shall be after his last day of service and subsequent to the filing of the notice at the retirement office.
(1) (a) Any member who begins participating before September 1, 2008, who has at least five (5) years of service credit may retire at his normal retirement date, or subsequent thereto, upon written notification to the system, setting forth at what date the retirement is to become effective, if the effective date shall be after his last day of service and subsequent to the filing of the notice at the retirement office.
(3) (a) Effective August 1, 1990, a member of the Kentucky State Police Retirement System may elect to receive an annual retirement allowance, payable monthly during his lifetime, equal to two and five-tenths percent (2.5%) of final compensation for each year of service credit.
(3) (a) Effective August 1, 1990, a member of the Kentucky State Police Retirement System may elect to receive an annual retirement allowance, payable monthly during his lifetime, equal to two and five- tenths percent (2.5%) of final compensation for each year of service credit.
Page 133 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA (b) A member of the State Police Retirement System or[,] a member of the Kentucky Employees Retirement System covered by this section, [or a member of the County Employees Retirement System covered by this section, ]whose participation begins on or after September 1, 2008, but prior to January 1, 2014, shall receive an annual retirement allowance, payable monthly during his or her lifetime, equal to:
(b) A member of the State Police Retirement System or[,] a member of the Kentucky Employees Retirement System covered by this section, [or a member of the County Employees Retirement System covered by this section, ]whose participation begins on or after September 1, 2008, but prior to January 1, 2014, shall receive an annual retirement allowance, payable monthly during his or her lifetime, equal to:
1.
CHAPTER 102 57 1.
The provisions of KRS 61.702 notwithstanding, the member who retired on June 17, 1978, or thereafter, and his spouse and eligible dependents shall Page 134 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA continue to receive the insurance benefits to which they are entitled pursuant to KRS 61.702 after the expiration of ten (10) years.
The provisions of KRS 61.702 notwithstanding, the member who retired on June 17, 1978, or thereafter, and his spouse and eligible dependents shall continue to receive the insurance benefits to which they are entitled pursuant to KRS 61.702 after the expiration of ten (10) years.
(6) In lieu of any other benefits due under KRS 16.505 to 16.652, a member who begins participating before September 1, 2008, who has attained age fifty-five (55) and who has attained at least one (1) month of service credit but no more than fifty- nine (59) months of service credit may elect to receive an annual retirement allowance, payable monthly or less frequently as determined by the board, which shall be determined by multiplying his accumulated contributions by two (2) and converting this amount to an annual retirement allowance based on an annuity rate adopted by the board which would pay the actuarial equivalent of twice his accumulated contributions over the lifetime of the retired member.
(6) In lieu of any other benefits due under KRS 16.505 to 16.652, a member who begins participating before September 1, 2008, who has attained age fifty-five (55) and who has attained at least one (1) month of service credit but no more than fifty-nine (59) months of service credit may elect to receive an annual retirement allowance, payable monthly or less frequently as determined by the board, which shall be determined by multiplying his accumulated contributions by two (2) and converting this amount to an annual retirement allowance based on an annuity rate adopted by the board which would pay the actuarial equivalent of twice his accumulated contributions over the lifetime of the retired member.
(1) Upon retirement at early retirement date, a member may receive an annual retirement allowance payable monthly during his lifetime which shall be determined in the same manner as for retirement at his normal retirement date, with years of Page 135 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA service and final compensation being determined as of the date of his actual retirement, but the amount of the retirement allowance so determined shall be reduced at an amount determined by the board's actuary to reflect the earlier commencement of benefits.
(1) Upon retirement at early retirement date, a member may receive an annual retirement allowance payable monthly during his lifetime which shall be determined in the same manner as for retirement at his normal retirement date, with years of service and final compensation being determined as of the date of his actual retirement, but the amount of the retirement allowance so determined shall be reduced at an amount determined by the board's actuary to reflect the earlier commencement of benefits.
(1) (a) Total and permanent disability means a disability which results in the member's incapacity to engage in any occupation for remuneration or profit.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (1) (a) Total and permanent disability means a disability which results in the member's incapacity to engage in any occupation for remuneration or profit.
(b) Hazardous disability means a disability which results in the member's total incapacity to continue as a regular full-time officer or as an employee in a hazardous position, as defined in KRS 61.592, but which does not result in the member's total and permanent incapacity to engage in other occupations for Page 136 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA remuneration or profit.
(b) Hazardous disability means a disability which results in the member's total incapacity to continue as a regular full-time officer or as an employee in a hazardous position, as defined in KRS 61.592, but which does not result in the member's total and permanent incapacity to engage in other occupations for remuneration or profit.
Part 1630 shall be considered.
Part shall be considered.
Page 137 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA (3) Upon the examination of the objective medical evidence by licensed physicians pursuant to KRS 61.665, it shall be determined that:
(3) Upon the examination of the objective medical evidence by licensed physicians pursuant to KRS 61.665, it shall be determined that:
For purposes of this subparagraph, "reemployment" shall not mean a change of employment between employers participating in the retirement systems administered by the Kentucky Retirement Systems or the County employees retirement System with no loss of service credit.
For purposes of this subparagraph, "reemployment" shall not mean a change of employment between employers participating in the retirement systems administered by the Kentucky Retirement Systems or the County Employees Retirement System with no loss of service credit.
(4) (a) 1.
CHAPTER 102 59 (4) (a) 1.
The determination of a permanent incapacity shall be based on the Page 138 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA medical evidence contained in the member's file and the member's residual functional capacity and physical exertion requirements.
The determination of a permanent incapacity shall be based on the medical evidence contained in the member's file and the member's residual functional capacity and physical exertion requirements.
A job shall be in this category if lifting is infrequently required but walking and standing are frequently required, or if the job primarily requires sitting with pushing and pulling of arm or Page 139 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA leg controls.
A job shall be in this category if lifting is infrequently required but walking and standing are frequently required, or if the job primarily requires sitting with pushing and pulling of arm or leg controls.
The maximum service credit added shall not exceed the total service the member had on his last day of paid employment, and the maximum service credit for calculating his retirement allowance, including his total service and service added under this section, Page 140 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA shall not exceed twenty (20) years.
The maximum service credit added shall not exceed the total service the member had on his last day of paid employment, and the maximum service credit for calculating his retirement allowance, including his total service and service added under this section, shall not exceed twenty (20) years.
(c) For a member who begins participating on or after January 1, 2014, in the hybrid cash balance plan as provided by KRS 16.583, the disability retirement allowance shall be the higher of twenty-five percent (25%) of the member's monthly final rate of pay or the retirement allowance determined in the same manner as for retirement at his or her normal retirement date under KRS 16.583.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (c) For a member who begins participating on or after January 1, 2014, in the hybrid cash balance plan as provided by KRS 16.583, the disability retirement allowance shall be the higher of twenty-five percent (25%) of the member's monthly final rate of pay or the retirement allowance determined in the same manner as for retirement at his or her normal retirement date under KRS 16.583.
Page 141 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA (7) No benefit provided in this section shall be reduced as a result of any change in the extent of disability of any retired member who is age fifty-five (55) or older.
(7) No benefit provided in this section shall be reduced as a result of any change in the extent of disability of any retired member who is age fifty-five (55) or older.
(a) Contributions made by the member as provided by KRS 16.505 to 16.652 and[,] 61.510 to 61.705[, and 78.510 to 78.852], except for employee contributions prescribed by subsection (3)(b) of Section 73 of this Act[KRS Page 142 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA 61.702(2)(b)];
(a) Contributions made by the member as provided by KRS 16.505 to 16.652 and[,] 61.510 to 61.705[, and 78.510 to 78.852], except for employee contributions prescribed by subsection (3)(b) of Section 73 of this Act[KRS 61.702(2)(b)];
(b) If the member contributed to the hybrid cash balance plan during the fiscal year, the interest credit added to the member's account for that fiscal year shall be determined by multiplying the member's accumulated account balance on June 30 of the preceding fiscal year by a percentage increase equal to:
CHAPTER 102 61 (b) If the member contributed to the hybrid cash balance plan during the fiscal year, the interest credit added to the member's account for that fiscal year shall be determined by multiplying the member's accumulated account balance on June 30 of the preceding fiscal year by a percentage increase equal to:
(d) For purposes of this subsection, "system's geometric average net investment Page 143 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA return":
(d) For purposes of this subsection, "system's geometric average net investment return":
or (b) At any age, provided he or she has earned twenty-five (25) or more years of service credited under KRS 16.543(1), 61.543(1), or 78.615(1), or another Page 144 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA state-administered retirement system.
or (b) At any age, provided he or she has earned twenty-five (25) or more years of service credited under KRS 16.543(1), 61.543(1), or 78.615(1), or another state-administered retirement system.
The policy or policies shall be approved by the commissioner of insurance and may contain such provisions as the commissioner of insurance approves whether or not otherwise permitted by the insurance laws.
The policy or policies shall be approved by the commissioner of insurance and may contain such provisions as the Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY commissioner of insurance approves whether or not otherwise permitted by the insurance laws.
and Page 145 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA 2.
and 2.
(b) Notwithstanding the definition of "public employee" in this subsection, any federally funded time-limited employee may receive insurance coverage.
(b) Notwithstanding the definition of "public employee" in this subsection, any federally funded time- limited employee may receive insurance coverage.
Page 146 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA (c) Any department, office, board, agency, commission, authority, or branch of a city, urban-county, charter county, county, unified local government, or consolidated local government;
(c) Any department, office, board, agency, commission, authority, or branch of a city, urban-county, charter county, county, unified local government, or consolidated local government;
(4) Membership on the board of trustees shall not be incompatible with any other office Page 147 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA unless a constitutional incompatibility exists, and no member shall be subject to removal from office, except upon conviction of a felony, or of a misdemeanor involving moral turpitude.
(4) Membership on the board of trustees shall not be incompatible with any other office unless a constitutional incompatibility exists, and no member shall be subject to removal from office, except upon conviction of a felony, or of a misdemeanor involving moral turpitude.
(5) Board members who do not otherwise receive a salary or compensation from the State Treasury shall receive a per diem of one hundred dollars ($100) for each day they are in session or on official duty, and they shall be reimbursed for their actual and necessary expenses in accordance with state administrative regulations and standards applicable to state employees.
CHAPTER 102 63 (5) Board members who do not otherwise receive a salary or compensation from the State Treasury shall receive a per diem of one hundred dollars ($100) for each day they are in session or on official duty, and they shall be reimbursed for their actual and necessary expenses in accordance with state administrative regulations and standards applicable to state employees.
(d) Contract for such services as may be necessary for the operation or administration of deferred compensation plans authorized in KRS 18A.230 to Page 148 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA 18A.275, including annual audits;
(d) Contract for such services as may be necessary for the operation or administration of deferred compensation plans authorized in KRS 18A.230 to 18A.275, including annual audits;
(9) The board shall prepare an annual financial report showing all receipts, disbursements, assets, and liabilities and shall submit a copy to the Governor and Page 149 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA the Legislative Research Commission.
(9) The board shall prepare an annual financial report showing all receipts, disbursements, assets, and liabilities and shall submit a copy to the Governor and the Legislative Research Commission.
and 2.
and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 2.
(b) Except as limited or excluded by subsections (3) and (4) of this section, any amount of increase in compensation for a year identified under paragraph (a) of this subsection that exceeds ten percent (10%) more than the member's compensation from the immediately preceding year shall not be used in the calculation of the member's final compensation for the purposes of Page 150 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA determining the member's monthly pension benefit under KRS 21.400.
(b) Except as limited or excluded by subsections (3) and (4) of this section, any amount of increase in compensation for a year identified under paragraph (a) of this subsection that exceeds ten percent (10%) more than the member's compensation from the immediately preceding year shall not be used in the calculation of the member's final compensation for the purposes of determining the member's monthly pension benefit under KRS 21.400.
All state-administered retirement systems shall cooperate to implement this section.
All state- administered retirement systems shall cooperate to implement this section.
Page 151 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA Notwithstanding KRS 6.500 to 6.577 and 21.345 to 21.580:
Notwithstanding KRS 6.500 to 6.577 and 21.345 to 21.580:
(c) On the member's effective election date, an employer pay credit as provided by KRS 21.402 shall be added to the member's accumulated account balance for each month the member contributed to the Legislators' Retirement Plan or the Judicial Retirement Plan prior to his or her effective election date;
(c) On the member's effective election date, an employer pay credit as provided by KRS 21.402 shall be added to the member's accumulated account balance for each month the member contributed to the CHAPTER 102 65 Legislators' Retirement Plan or the Judicial Retirement Plan prior to his or her effective election date;
Page 152 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA (4) Before accepting an election provided by this section, the Judicial Form Retirement System board shall provide the member with information detailing the potential results of the member's election;
(4) Before accepting an election provided by this section, the Judicial Form Retirement System board shall provide the member with information detailing the potential results of the member's election;
(2) The member may elect to leave his contributions in the plan, in which event the service credit he had in the plan shall be considered to be service credit for vesting Page 153 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA purposes as provided in KRS 21.375 and for service retirement eligibility as provided in KRS 61.680(7), and, in the event he again becomes a member of the Judicial Retirement Plan, shall be counted toward his total service credit in that plan.
(2) The member may elect to leave his contributions in the plan, in which event the service credit he had in the plan shall be considered to be service credit for vesting purposes as provided in KRS 21.375 and for service retirement eligibility as provided in KRS 61.680(7), and, in the event he again becomes a member of the Judicial Retirement Plan, shall be counted toward his total service credit in that plan.
Service purchased under this subsection on or after Page 154 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA January 1, 2014, shall not be used to determine the member's participation date in the Judicial Retirement Plan.[ Members or persons participating in the 401(a) money purchase plan as provided by KRS 61.5956 shall not be eligible to purchase service under the provisions of this section.] (5) If the taking of a refund of contributions by a member of the Kentucky Judicial Retirement Plan, when first entitled thereto, would subject the member to a federal excise tax, by reason of the refund's being made before the member has reached an age designated by the federal taxing act, and the member has elected, pursuant to subsection (2) of this section, to defer taking a refund, so much of the contributions as would have been subject to the excise tax shall accrue interest at the rate of six percent (6%) per annum, from the date the member first could have taken a refund until the date the refund is taken or the date as of which the federal excise tax no longer would apply to a refund, whichever is sooner, the interest to be paid by the plan at the time of the refund.
Service purchased under this subsection on or after January 1, 2014, shall not be used to determine the member's participation date in the Judicial Retirement Plan.[ Members or persons participating in the 401(a) money purchase plan as provided by KRS 61.5956 shall not be eligible to purchase service under the provisions of this section.] (5) If the taking of a refund of contributions by a member of the Kentucky Judicial Retirement Plan, when first entitled thereto, would subject the member to a federal excise tax, by reason of the refund's being made before the member has reached an age designated by the federal taxing act, and the member has elected, pursuant to Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY subsection (2) of this section, to defer taking a refund, so much of the contributions as would have been subject to the excise tax shall accrue interest at the rate of six percent (6%) per annum, from the date the member first could have taken a refund until the date the refund is taken or the date as of which the federal excise tax no longer would apply to a refund, whichever is sooner, the interest to be paid by the plan at the time of the refund.
(1) Subject to the provisions of this section, any member who began participating in the Kentucky Employees Retirement System, the County Employees Retirement System, or the State Police Retirement System on or after September 1, 2008, but prior to January 1, 2014, may in lieu of the benefits he or she is currently eligible to receive from the systems, elect to receive the benefits and rights provided to members who began participating in the systems on or after January 1, 2014, including participating in the hybrid cash balance plan created pursuant to Page 155 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA Section 2 of this Act or KRS 61.597 for members in nonhazardous duty positions or pursuant to Section 4 of this Act or KRS 16.583 for members in hazardous duty positions, as applicable;
(1) Subject to the provisions of this section, any member who began participating in the Kentucky Employees Retirement System, the County Employees Retirement System, or the State Police Retirement System on or after September 1, 2008, but prior to January 1, 2014, may in lieu of the benefits he or she is currently eligible to receive from the systems, elect to receive the benefits and rights provided to members who began participating in the systems on or after January 1, 2014, including participating in the hybrid cash balance plan created pursuant to Section 2 of this Act or KRS 61.597 for members in nonhazardous duty positions or pursuant to Section 4 of this Act or KRS 16.583 for members in hazardous duty positions, as applicable;
(b) On the member's effective election date, the value of the member's accumulated contributions, less any interest, shall be deposited into the member's hybrid cash balance account as provided by Section 2 of this Act, KRS 61.597, Section 4 of this Act, or KRS 16.583, as applicable, and considered part of the member's accumulated account balance;
(b) On the member's effective election date, the value of the member's accumulated contributions, less any interest, shall be deposited into the member's hybrid cash balance account as provided by Section of this Act, KRS 61.597, Section 4 of this Act, or KRS 16.583, as applicable, and considered part of the member's accumulated account balance;
(4) Before accepting an election provided by this section, the Kentucky Public Page 156 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA Pensions Authority shall provide the member with information detailing the potential results of the member's election;
(4) Before accepting an election provided by this section, the Kentucky Public Pensions Authority shall provide the member with information detailing the potential results of the member's election;
(2) "Board" means the board of trustees of the system as provided in KRS 61.645;
CHAPTER 102 67 (2) "Board" means the board of trustees of the system as provided in KRS 61.645;
For purposes of KRS 61.510 to 61.705, the members, officers, and employees of the General Assembly and any other body, entity, or instrumentality designated by executive order by the Governor, shall be deemed to be a department, notwithstanding whether said body, entity, or instrumentality is an integral part of Page 157 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA state government;
For purposes of KRS 61.510 to 61.705, the members, officers, and employees of the General Assembly and any other body, entity, or instrumentality designated by executive order by the Governor, shall be deemed to be a department, notwithstanding whether said body, entity, or instrumentality is an integral part of state government;
(5) "Employee" means the members, officers, and employees of the General Assembly and every regular full-time, appointed or elective officer or employee of a participating department, including the Department of Military Affairs.
(5) "Employee" means the members, officers, and employees of the General Assembly and every regular full- time, appointed or elective officer or employee of a participating department, including the Department of Military Affairs.
(11) "Prior service" means the number of years and completed months, expressed as a fraction of a year, of employment as an employee, prior to July 1, 1956, for which Page 158 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA creditable compensation was paid;
(11) "Prior service" means the number of years and completed months, expressed as a fraction of a year, of employment as an employee, prior to July 1, 1956, for which creditable compensation was paid;
For members of the General Assembly, it shall mean all amounts which are includable on the member's Page 159 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA federal form W-2 wage and tax statement under the heading "wages, tips, other compensation," including employee contributions picked up after August 1, 1982, pursuant to KRS 6.505(4) or 61.560(4);
For members of the General Assembly, it shall mean all amounts which are includable on the member's federal form W-2 wage and tax statement under the heading "wages, tips, other compensation," including employee contributions picked up after August 1, 1982, pursuant to KRS 6.505(4) or 61.560(4);
1.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 1.
This subparagraph shall also include lump-sum payments for reinstated wages pursuant to KRS 61.569, which shall be credited to the period during which the wages were earned or should have been paid by the employer;
This subparagraph shall also include lump- sum payments for reinstated wages pursuant to KRS 61.569, which shall be credited to the period during which the wages were earned or should have been paid by the employer;
Elective amounts for qualified transportation fringes paid or made Page 160 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA available on or after January 1, 2001, for calendar years on or after January 1, 2001, that are not includable in the gross income of the employee by reason of 26 U.S.C.
Elective amounts for qualified transportation fringes paid or made available on or after January 1, 2001, for calendar years on or after January 1, 2001, that are not includable in the gross income of the employee by reason of 26 U.S.C.
If the number of months of service credit during the five (5) year period is less than forty-eight (48), one (1) or more additional fiscal years shall be used;
If the number of months of service credit during the five (5) year period is less than forty- eight (48), one (1) or more additional fiscal years shall be used;
(b) For a member who is employed in a nonhazardous position, whose effective retirement date is between August 1, 2001, and January 1, 2009, and whose total service credit is at least twenty-seven (27) years and whose age and years of service total at least seventy-five (75), final compensation means the creditable compensation of the member during the three (3) fiscal years the member was paid at the highest average monthly rate divided by the number Page 161 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA of months of service credit during that three (3) years period multiplied by twelve (12).
(b) For a member who is employed in a nonhazardous position, whose effective retirement date is between August 1, 2001, and January 1, 2009, and whose total service credit is at least twenty-seven (27) years and whose age and years of service total at least seventy-five (75), final compensation means the creditable compensation of the member during the three (3) fiscal years the member was paid at the highest average monthly rate divided by the number of months of service credit during that three (3) years period multiplied by twelve (12).
If the number of months of service credit during the three (3) year period is less than twenty- four (24), one (1) or more additional fiscal years shall be used;
If the number of months of service credit during the three (3) year period is less than twenty-four (24), one (1) or more additional fiscal years shall be used;
(d) For a member who begins participating on or after September 1, 2008, but prior to January 1, 2014, who is employed in a nonhazardous position, the creditable compensation of the member during the five (5) complete fiscal years immediately preceding retirement divided by five (5).
CHAPTER 102 69 (d) For a member who begins participating on or after September 1, 2008, but prior to January 1, 2014, who is employed in a nonhazardous position, the creditable compensation of the member during the five (5) complete fiscal years immediately preceding retirement divided by five (5).
or (e) For a member who begins participating on or after September 1, 2008, but prior to January 1, 2014, who is employed in a hazardous position as provided Page 162 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA in KRS 61.592, the creditable compensation of the member during the three (3) complete fiscal years he or she was paid at the highest average monthly rate divided by three (3).
or (e) For a member who begins participating on or after September 1, 2008, but prior to January 1, 2014, who is employed in a hazardous position as provided in KRS 61.592, the creditable compensation of the member during the three (3) complete fiscal years he or she was paid at the highest average monthly rate divided by three (3).
For members who began participating in the system prior to January 1, 2014, no disability retirement option shall be less than the Page 163 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA same option computed under early retirement;
For members who began participating in the system prior to January 1, 2014, no disability retirement option shall be less than the same option computed under early retirement;
(d) Part-time positions which are positions which may be permanent in duration, Page 164 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA but which require less than a calendar or fiscal year average of one hundred (100) hours of work per month, determined by using the number of months actually worked within a calendar or fiscal year, in the performance of duty;
(d) Part-time positions which are positions which may be permanent in duration, but which require less than a calendar or fiscal year average of one hundred (100) hours of work per month, determined by Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY using the number of months actually worked within a calendar or fiscal year, in the performance of duty;
For purposes of this paragraph, service shall mean service in the systems administered by the Kentucky Retirement Systems and County Employees Retirement System["Delayed contribution payment" means an amount paid by an employee for purchase of current service.
For purposes of this subsection, "service" means service in the systems administered by the Kentucky Retirement Systems and County Employees Retirement System["Delayed contribution payment" means an amount paid by an employee for purchase of current service.
(24) "Retired member" means any former member receiving a retirement allowance or any former member who has filed the necessary documents for retirement benefits Page 165 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA and is no longer contributing to the retirement system;
(24) "Retired member" means any former member receiving a retirement allowance or any former member who has filed the necessary documents for retirement benefits and is no longer contributing to the retirement system;
(32) "Last day of paid employment" means the last date employer and employee Page 166 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA contributions are required to be reported in accordance with KRS 16.543, 61.543, or 78.615 to the retirement office in order for the employee to receive current service credit for the month.
(32) "Last day of paid employment" means the last date employer and employee contributions are required to be reported in accordance with KRS 16.543, 61.543, or 78.615 to the retirement office in order for the employee to receive current service credit for the month.
Last day of paid employment does not mean a date the employee receives payment for accrued leave, whether by lump sum or otherwise, if that date occurs twenty-four (24) or more months after previous contributions;
Last day of paid employment does not mean a date the employee receives payment for accrued leave, whether by lump sum or otherwise, if that date occurs twenty- four (24) or more months after previous contributions;
(34) "Participating" means an employee is currently earning service credit in the system as provided in KRS 61.543;
CHAPTER 102 71 (34) "Participating" means an employee is currently earning service credit in the system as provided in KRS 61.543;
(38) "Qualified domestic relations order" means any judgment, decree, or order, Page 167 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA including approval of a property settlement agreement, that:
(38) "Qualified domestic relations order" means any judgment, decree, or order, including approval of a property settlement agreement, that:
Page 168 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA (43) "Nominal fee" means compensation earned for services as a volunteer that does not exceed five hundred dollars ($500) per month.
(43) "Nominal fee" means compensation earned for services as a volunteer that does not exceed five hundred dollars ($500) per month.
(1) Upon becoming a member of the Kentucky Employees Retirement System, the County Employees Retirement System, or the State Police Retirement System, the[each] employee and employer[on becoming a member of the Kentucky Employees Retirement System] may file in the retirement office, in the form and detail as the authority[board] may prescribe, a statement of facts pertaining to the employee and other information the authority may require, including but not limited to[member.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (1) Upon becoming a member of the Kentucky Employees Retirement System, the County Employees Retirement System, or the State Police Retirement System, the[each] employee and employer[on becoming a member of the Kentucky Employees Retirement System] may file in the retirement office, in the form and detail as the authority[board] may prescribe, a statement of facts pertaining to the employee and other information the authority may require, including but not limited to[member.
(2) If the records of the employer[Personnel Cabinet or the department] employing the member during the time the service was rendered do not substantiate the statement of facts filed by the member[service], the member shall be notified of any Page 169 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA discrepancy.
(2) If the records of the employer[Personnel Cabinet or the department] employing the member during the time the service was rendered do not substantiate the statement of facts filed by the member[service], the member shall be notified of any discrepancy.
(2)] The Authority[system] shall prepare and make available upon request to all members, retired members, or beneficiaries, a summary plan description, written in a manner that can be understood by the average member, retired member, or beneficiary, and sufficiently accurate and comprehensive to reasonably apprise them of their rights and obligations under the provisions of KRS 16.505 to 16.652, 61.510 to 61.705 and 78.510 to 78.852.
(2) ]The Authority[system] shall prepare and make available upon request to all members, retired members, or beneficiaries, a summary plan description, written in a manner that can be understood by the average member, retired member, or beneficiary, and sufficiently accurate and comprehensive to reasonably apprise them of their rights and obligations under the provisions of KRS 16.505 to 16.652, 61.510 to 61.705 and 78.510 to 78.852.
(a) The name of the retirement system, the name and business address of the Page 170 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA executive director of the Kentucky Public Pensions Authority and[,] the chief executive officer, and the name, business address, and title of each member of the board of trustees;
(a) The name of the retirement system, the name and business address of the executive director of the Kentucky Public Pensions Authority and[,] the chief executive officer, and the name, business address, and title of each member of the board of trustees;
Any changes in statutory requirements or administrative practices which alter the provisions of the plan as described in the summary plan description shall be summarized as required in subsection (2) of this section and shall be made available upon request to members in the form of a supplement to a comprehensive booklet, or reported in the periodic newsletter.
Any changes in statutory requirements or administrative practices which alter the provisions of the plan as described in the summary plan description shall be summarized as required in subsection (1)[(2)] of this section and shall be made available upon request to members in the form of a supplement to a comprehensive booklet, or reported in the periodic newsletter.
Page 171 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA [(5) The system shall make available upon request to retirees and beneficiaries the summary plan description.] Section 48.
CHAPTER 102 73 [(5) The system shall make available upon request to retirees and beneficiaries the summary plan description.] Section 48.
Page 172 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA (c) The principal and contingent beneficiary designation established by the member pursuant to paragraph (a) of this subsection shall remain in full force and effect until changed by the member, except:
(c) The principal and contingent beneficiary designation established by the member pursuant to paragraph (a) of this subsection shall remain in full force and effect until changed by the member, except:
(e) If the member has more than one (1) account in the Kentucky Employees Retirement System, County Employees Retirement System, or State Police Retirement System, the member shall not be eligible to name differing Page 173 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA beneficiaries for each system but shall instead complete one (1) beneficiary designation form which shall be applicable to all systems in which the member has an account.
(e) If the member has more than one (1) account in the Kentucky Employees Retirement System, County Employees Retirement System, or State Police Retirement System, the member shall not be eligible to name differing beneficiaries for each system but shall instead complete one (1) beneficiary designation form which shall be applicable to all systems in which the member has an account.
(b) If the principal beneficiary is one (1) person and is the member's spouse and they are divorced on the date of the member's death, the contingent beneficiary or beneficiaries become the principal beneficiary or beneficiaries;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) If the principal beneficiary is one (1) person and is the member's spouse and they are divorced on the date of the member's death, the contingent beneficiary or beneficiaries become the principal beneficiary or beneficiaries;
Page 174 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA (3) Prior to the first day of the month in which the member would have received his or her first retirement allowance, a monthly benefit payable for life shall not be offered if the beneficiary designated under subsection (1) of this section is more than one (1) person, the member's estate, or a trust.
(3) Prior to the first day of the month in which the member would have received his or her first retirement allowance, a monthly benefit payable for life shall not be offered if the beneficiary designated under subsection (1) of this section is more than one (1) person, the member's estate, or a trust.
and Page 175 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA (c) The estate of the member shall not receive monthly payments if the member selected one (1) of the payment options provided by KRS 61.635(2), (3), (4), and (8)(b).
and (c) The estate of the member shall not receive monthly payments if the member selected one (1) of the payment options provided by KRS 61.635(2), (3), (4), and (8)(b).
Service credit will be allowed for each month the contributions are deducted or picked up during a fiscal or calendar year, if the member receives creditable compensation for an average of one hundred (100) hours or more of work per month.
Service credit will be allowed for each month the contributions are deducted or picked up CHAPTER 102 75 during a fiscal or calendar year, if the member receives creditable compensation for an average of one hundred (100) hours or more of work per month.
(2) Employee contributions shall not be deducted from the creditable compensation of Page 176 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA an employee or picked up by the employer while he is seasonal, emergency, temporary, or part-time.
(2) Employee contributions shall not be deducted from the creditable compensation of an employee or picked up by the employer while he is seasonal, emergency, temporary, or part-time.
(4) The retirement office, upon detection, shall refund any erroneous employer and employee contributions made to the retirement system and any interest credited in Page 177 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA accordance with KRS 61.575.
(4) The retirement office, upon detection, shall refund any erroneous employer and employee contributions made to the retirement system and any interest credited in accordance with KRS 61.575.
(2) (a) [Employees participating in one (1) of the state-administered retirement systems who are or have been employed by a school board participating in the County Employees Retirement System, a state-operated school under KRS Chapter 167, a participating community action agency, or a Kentucky institution of higher education which participates in the Kentucky Employees Retirement System, and who receive service credit for less than twelve (12) months each year, may purchase the additional months of service credit needed to total one (1) year of service credit except the amount purchased Page 178 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA shall not exceed three (3) months.
(2) (a) [Employees participating in one (1) of the state-administered retirement systems who are or have been employed by a school board participating in the County Employees Retirement System, a state-operated school under KRS Chapter 167, a participating community action agency, or a Kentucky institution of higher education which participates in the Kentucky Employees Retirement System, and who receive service credit for less than twelve (12) months each year, may purchase the additional months of service credit needed to total one (1) year of service credit except the amount purchased shall not exceed three (3) months.
Employees who have service credit prior to July 1, 1992, or their employers, the state-operated school under KRS Chapter 167, the Kentucky institution of higher education, or the school board may purchase service credit on behalf of the employee for previous years by paying the retirement system the delayed contribution payment in accordance with the payment options and restrictions established by KRS 61.552(14).
Employees who have service credit prior to July 1, 1992, or their employers, the state- operated school under KRS Chapter 167, the Kentucky institution of higher education, or the school board may purchase service credit on behalf of the employee for previous years by paying the Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY retirement system the delayed contribution payment in accordance with the payment options and restrictions established by KRS 61.552(14).
(3) (a)] If an employee participates in more than one (1) of the retirement systems administered by the Kentucky Retirement Systems and County Employees Page 179 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA Retirement System, the employee's service credit shall be divided between each system determined by dividing the employee's creditable compensation in each system by the employee's total creditable compensation in all systems.
(3) (a)] If an employee participates in more than one (1) of the retirement systems administered by the Kentucky Retirement Systems and County Employees Retirement System, the employee's service credit shall be divided between each system determined by dividing the employee's creditable compensation in each system by the employee's total creditable compensation in all systems.
An employee of an employer participating in the system who is called to active military duty in the Armed Forces of the United States shall be credited in accordance with 38 U.S.C.
An employee of an employer participating in the system who is called to active military duty in the Armed Forces of the United States shall be credited in accordance with U.S.C.
After he or she began participating in the system and provided the employee was on leave of absence from the employer and did not Page 180 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA withdraw his or her accumulated account balance;
After he or she began participating in the system and provided the employee was on leave of absence from the employer and did not withdraw his or her accumulated account balance;
(2) (a) Omitted Service.
CHAPTER 102 77 (2) (a) Omitted Service.
(c) Any employee participating in one (1) of the state-administered retirement systems entitled to service credit under paragraph (a) of this subsection who has not repaid the employee contributions due within six (6) months of notification by the system may purchase the credit after the six (6) months by paying to the system the employee contributions plus interest at the Page 181 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA actuarially assumed rate from the date of initial notification under paragraph (b) of this subsection.
(c) Any employee participating in one (1) of the state-administered retirement systems entitled to service credit under paragraph (a) of this subsection who has not repaid the employee contributions due within six (6) months of notification by the system may purchase the credit after the six (6) months by paying to the system the employee contributions plus interest at the actuarially assumed rate from the date of initial notification under paragraph (b) of this subsection.
Service purchased under this subsection on or Page 182 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA after January 1, 2014, shall not be used to determine the member's participation date in the systems.
Service purchased under this subsection on or after January 1, 2014, shall not be used to determine the member's participation date in the systems.
(b) Recontribution of a refund purchased under this subsection shall not be used in determining a retirement allowance until the member has accrued at least six (6) months of service credit in a state-administered retirement system, excluding the service purchased under this subsection.
(b) Recontribution of a refund purchased under this subsection shall not be used in determining a retirement allowance until the member has accrued at least six (6) months of service credit in a state- administered retirement system, excluding the service purchased under this subsection.
If the member does not accrue at least six (6) months of service credit in a state- administered retirement system, excluding service purchased under this subsection, then the payment plus interest as provided in KRS 16.560, 61.575, or 78.640 shall be refunded upon retirement, death, or written request following termination of employment.
If the member does not accrue at least six (6) months of service credit in a state-administered retirement system, excluding service purchased under this subsection, then the payment plus interest as provided in KRS 16.560, 61.575, or 78.640 shall be refunded upon retirement, death, or written request following termination of employment.
Any employee participating in one (1) of the state- administered retirement systems who are or have been employed by a school board or community action agency participating in the County Employees Retirement System or a state operated school under KRS Chapter 167 or an institution of higher learning participating in the Kentucky Employees Retirement System, who receives service credit for less than twelve (12) months each year, may purchase the additional months of service credit needed to total one (1) year of service credit except the amount purchased for any specific year shall not exceed three (3) months.
Any employee participating in one (1) of the state-administered retirement systems who is or has been employed by a school board or community action agency participating in the County Employees Retirement System or a state-operated school under KRS Chapter 167 or an institution of higher learning participating in the Kentucky Employees Retirement System, who receives service credit for less than twelve (12) months each year, may purchase the additional months of service credit needed to total one (1) year of service credit, except the amount purchased for any specific year shall not exceed three (3) months.
(b) The cost of the summer months service credit shall be determined by the formula established by subsection (10) of this section and may be purchased by the employee, the employer on behalf of the employee, or the cost may be paid by both the employer and employee in which case the employer and employee shall each pay fifty percent (50%) of the cost.
(b) The cost of the summer months service credit shall be determined by the formula established by subsection (10) of this section and may be purchased by the employee, or the employer on behalf of the employee, or the cost may be paid by both the employer and employee in which case the employer and employee shall each pay fifty percent (50%) of the cost.
Service credit shall Page 183 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA not be credited to the member's account until both the employer's and employee's payment are received by the system.
Service credit shall not be credited to the member's account until both the employer's and employee's payment are received by the system.
(c) If the employee has purchased service credit under this subsection based on months reported by the employer for the fiscal year, and an audit of the employee's account reduces the number of months of service credit for which the employee is eligible to no fewer than nine (9) months, the employee shall retain credit for the months purchased unless the employee is ineligible for any service in the fiscal year.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (c) If the employee has purchased service credit under this subsection based on months reported by the employer for the fiscal year, and an audit of the employee's account reduces the number of months of service credit for which the employee is eligible to no fewer than nine (9) months, the employee shall retain credit for the months purchased unless the employee is ineligible for any service in the fiscal year.
Past service shall mean periods of employment:
"Past service" means periods of employment:
With a public agency that did not participate in the Kentucky Employees Retirement System but would have been eligible to participate under KRS 61.520 or a political subdivision that did not Page 184 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA participate in the County Employees Retirement System but would have been eligible to participate under KRS 78.530, provided the public agency or political subdivision has merged with or been taken over by a participating employer;
With a public agency that did not participate in the Kentucky Employees Retirement System but would have been eligible to participate under KRS 61.520 or a political subdivision that did not participate in the County Employees Retirement System but would have been eligible to participate under KRS 78.530, provided the public agency or political subdivision has merged with or been taken over by a participating employer;
Out-of-state shall mean service credited to a state or local government-administered public defined benefit plan in another state that is not a defined benefit plan for teachers.
"Out-of-state" means service credited to a state or local government-administered public defined benefit plan in another state that is not a defined benefit plan for teachers.
Out-of-state hazardous service shall mean service in a regular full-time position that was credited to a defined benefit retirement plan administered by a state or local government in another state, if the service could be certified as hazardous pursuant to KRS 61.592 or Section 6 of this Act, as applicable.
"Out-of-state hazardous service" means service in a regular full-time position that was credited to a defined benefit retirement plan administered by a state or local government in another state, if the service could be certified as hazardous pursuant to KRS 61.592 or Section 6 of this Act, as applicable.
(d) Active military duty, which shall mean periods of active military duty in the Armed Forces of the United States, provided:
(d) Active military duty, which means periods of active military duty in the Armed Forces of the United States, provided:
Page 185 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA 1.
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Federal service shall mean service with the United States government, that is not service in the Armed Forces;
"Federal service" means service with the United States government, that is not service in the Armed Forces;
If the average number of hours of work is less than one hundred (100) per month, the member may purchase credit for only those months he receives creditable compensation for one hundred (100) hours of work;
If CHAPTER 102 79 the average number of hours of work is less than one hundred (100) per month, the member may purchase credit for only those months he receives creditable compensation for one hundred (100) hours of work;
Unpaid leave authorized under the Federal Family and Medical Act;
Unpaid leave authorized under the federal Family and Medical Leave Act;
and Page 186 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA 4.
and 4.
(j) Non-Participating Employer Service, which shall mean periods of employment with the following types of agencies provided the agency does not participate in a state-administered retirement system:
(j) Non-participating employer service, which means periods of employment with the following types of agencies provided the agency does not participate in a state-administered retirement system:
(k) Urban-County Government service, which shall mean employment in an urban-county government position that would qualify for hazardous duty coverage under KRS 61.592 or Section 6 of this Act.
(k) Urban-county government service, which means employment in an urban-county government position that would qualify for hazardous duty coverage under KRS 61.592 or Section 6 of this Act.
Page 187 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA (m) Service as a volunteer in the Kentucky Peace Corps, created by KRS 154.1- 720;
(m) Service as a volunteer in the Kentucky Peace Corps, created by KRS 154.1-720;
Provided the employee's participation date in the system is prior to July 15, 2002, and provided the employee has total service in all state- administered retirement systems of at least one hundred eighty (180) months of service credit, the employee may purchase a combined maximum total of five (5) years of service credit, known as non-qualified service, which is not otherwise purchasable under any of the provisions of KRS 16.505 to 16.652, 61.510 to 61.705, or 78.510 to 78.852.
Provided the employee's participation date in the system is prior to July 15, 2002, and provided the employee has total service in all state-administered retirement systems of at least one hundred eighty (180) months of service credit, the employee may purchase a combined maximum total of five (5) years of service credit, known as non-qualified service, which is not otherwise purchasable under any of the provisions of KRS 16.505 to 16.652, 61.510 to 61.705, or 78.510 to 78.852.
(7) For purposes of service purchased under subsections (2) to (6) of this section:
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (7) For purposes of service purchased under subsections (2) to (6) of this section:
(b) No service credit may be purchased for periods already credited to the system or another public defined benefit retirement fund, including non- qualified service purchased in another state-administered retirement Page 188 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA system;
(b) No service credit may be purchased for periods already credited to the system or another public defined benefit retirement fund, including non-qualified service purchased in another state- administered retirement system;
(c) Except as provided by subparagraph (a)2.a.
(c) Except as provided by paragraph (a)2.a.
(c) If an employer elects to purchase service under the provisions of this subsection, any present employee who would be eligible to receive service credit under the provisions of this subsection and has purchased service Page 189 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA credit under subsection (5)(a) of this section shall have his or her payment for the service credit refunded with interest at the rate paid under KRS 61.575 or 78.640;
(c) If an employer elects to purchase service under the provisions of this subsection, any present employee who would be eligible to receive service credit under the provisions of this subsection and has purchased service credit under subsection (5)(a) of this section shall have his or her payment for the service credit refunded with interest at the rate paid under KRS 61.575 or 78.640;
(9) (a) An employee participating in the system may purchase service credit under any of the provisions of KRS 16.505 to 16.652, 61.510 to 61.705, 78.510 to 78.852 for which he or she is eligible to purchase, or as otherwise required by 38 U.S.C.
(9) (a) An employee participating in the system may 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 for which he or she is eligible to purchase, or as otherwise required by 38 U.S.C.
On a before-tax basis in which the service is purchased pursuant to the employer pick-up provisions in 26 U.S.C.
On a before-tax basis in which the service is purchased pursuant to the employer pick- up provisions in 26 U.S.C.
Transferring funds to the system through a direct trustee-to-trustee Page 190 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA transfer as permitted under the applicable sections of the Internal Revenue Code and any regulations or rulings issued thereunder, through a direct rollover as contemplated by and permitted under 26 U.S.C.
Transferring funds to the system through a direct trustee-to-trustee transfer as permitted under the applicable sections of the Internal Revenue Code and any regulations or rulings issued thereunder, through a direct rollover as contemplated by and permitted under 26 U.S.C.
sec.
CHAPTER 102 81 sec.
(b) For purposes of this subsection, "grandfathered service" means service purchases for which a member, whose membership date in the system is prior to July 1, 1999, is eligible to purchase under 16.505 to 16.652, 61.510 to 61.705, or 78.510 to 78.852, that were available for all members of the system to purchase on August 5, 1997.
(b) For purposes of this subsection, "grandfathered service" means service purchases for which a member, whose membership date in the system is prior to July 1, 1999, is eligible to purchase under KRS 16.505 to 16.652, 61.510 to 61.705, or 78.510 to 78.852, that were available for all members of the system to purchase on August 5, 1997.
may have the installment purchase recalculated to add one (1) Page 191 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA or more additional service purchases;
may have the installment purchase recalculated to add one (1) or more additional service purchases;
The employee shall pay the installments by payroll deduction for after- tax purchase of service agreements, and the employer shall pick up installments for before-tax purchase of service agreements.
The employee shall pay the installments by payroll deduction for after-tax purchase of service agreements, and the employer shall pick up installments for before-tax purchase of service agreements.
If the employee utilizing an installment purchase of service agreement dies, retires, does not continue employment in a position required to participate in the system, or elects to stop an after-tax installment Page 192 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA purchase of service agreement, the member, or in the case of death, the beneficiary, shall have sixty (60) days to pay the remaining principal or a portion of the remaining principal of the installment purchase of service agreement by lump sum, subject to the restrictions of paragraph (a)1.
If the employee utilizing an installment purchase of service agreement dies, retires, does not continue employment in a position required to participate in the system, or elects to stop an after-tax installment purchase of service agreement, the member, or in the case of death, the beneficiary, shall have sixty (60) days to pay the remaining principal or a portion of the remaining principal of the installment purchase of service agreement by lump sum, subject to the restrictions of paragraph (a)1.
10.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 10.
Page 193 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA If the employee elects to renew the installment purchase, the cost of the remaining service shall be recalculated in accordance with subsection (10) of this section.
If the employee elects to renew the installment purchase, the cost of the remaining service shall be recalculated in accordance with subsection (10) of this section.
Shall not be used to determine eligibility for a retirement allowance under disability retirement, early retirement, normal retirement, or upon death of the member under any of the provisions of KRS 16.505 Page 194 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA to 16.652, 61.510 to 61.705, or 78.510 to 78.852;
Shall not be used to determine eligibility for a retirement allowance under disability retirement, early retirement, normal retirement, or upon death of the member under any of the provisions of KRS 16.505 to 16.652, 61.510 to 61.705, or 78.510 to 78.852;
or (b) The member is a retired member of the State Police Retirement System, has attained age fifty-five (55), and has service of forty-eight (48) months at least Page 195 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA twelve (12) of which are current service;
or (b) The member is a retired member of the State Police Retirement System, has attained age fifty-five (55), and has service of forty-eight (48) months at least twelve (12) of which are current service;
or (d) The member has thirty (30) or more years of service at least fifteen (15) of which are current service, or the member of the Kentucky Employees Retirement System[ or the County Employees Retirement System] has twenty- seven (27) or more years of service, at least fifteen (15) of which are current service;
or CHAPTER 102 83 (d) The member has thirty (30) or more years of service at least fifteen (15) of which are current service, or the member of the Kentucky Employees Retirement System[ or the County Employees Retirement System] has twenty-seven (27) or more years of service, at least fifteen (15) of which are current service;
The years of service used to determine eligibility for a retirement allowance under this paragraph shall only Page 196 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA include years of service credited under KRS 16.543(1), 61.543(1), or [78.615(1) or ]another state-administered retirement system;
The years of service used to determine eligibility for a retirement allowance under this paragraph shall only include years of service credited under KRS 16.543(1), 61.543(1), or [78.615(1) or ]another state-administered retirement system;
The same percentage of pay for all employees who are participating in Page 197 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA the same retirement system, except that separate percentage rates shall be developed in each system for those employers whose employees are participating in hazardous duty retirement coverage as provided by KRS 61.592.
The same percentage of pay for all employees who are participating in the same retirement system, except that separate percentage rates shall be developed in each system for those employers whose employees are participating in hazardous duty retirement coverage as provided by KRS 61.592.
An increase or decrease in the unfunded actuarially accrued liability may result from, but not be limited to, legislative changes to benefits, changes in actuarial methods or assumptions, or actuarial gains or losses;
An increase or decrease in the unfunded actuarially accrued liability may result from, but not be Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY limited to, legislative changes to benefits, changes in actuarial methods or assumptions, or actuarial gains or losses;
Page 198 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA 1.
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(c)] The board shall not have the authority to amend contribution rates as of July 1 of the second year of the biennium for the Kentucky Employees Retirement System and the State Police Retirement System.
(c) ]The board shall not have the authority to amend contribution rates as of July 1 of the second year of the biennium for the Kentucky Employees Retirement System and the State Police Retirement System.
(a) All members' contributions, or contributions picked up by the employer after August 1, 1982, and interest allowances[ or investment returns] as provided in Page 199 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA KRS 61.510 to 61.692 shall be credited, except as provided by subsection (3)(b) of Section 73 of this Act[KRS 61.702(2)(b)];
(a) All members' contributions, or contributions picked up by the employer after August 1, 1982, and interest allowances[ or investment returns] as provided in KRS 61.510 to 61.692 shall be credited, except as provided by subsection (3)(b) of Section 73 of this Act[KRS 61.702(2)(b)];
(b) For a member who begins participating before September 1, 2008, interest shall be credited to his individual account at a rate determined by the board but not less than two percent (2%) per annum on the accumulated account balance of the member on June 30 of the preceding fiscal year.
CHAPTER 102 85 (b) For a member who begins participating before September 1, 2008, interest shall be credited to his individual account at a rate determined by the board but not less than two percent (2%) per annum on the accumulated account balance of the member on June 30 of the preceding fiscal year.
(c) For a member who begins participating on or after September 1, 2008, but prior to January 1, 2014, interest shall be credited to his individual account at Page 200 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA a rate of two and one-half percent (2.5%) per annum on the accumulated account balance of the member on June 30 of the preceding fiscal year.
(c) For a member who begins participating on or after September 1, 2008, but prior to January 1, 2014, interest shall be credited to his individual account at a rate of two and one-half percent (2.5%) per annum on the accumulated account balance of the member on June 30 of the preceding fiscal year.
and (2)[ The employer contribution for the 401(a) money purchase plan as provided by Page 201 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA KRS 61.5956;
and (2)[ The employer contribution for the 401(a) money purchase plan as provided by KRS 61.5956;
Page 202 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA 1.
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(c)] The effective date of participation under hazardous duty coverage for positions in the Department of Alcoholic Beverage Control shall be April 1, 1998.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (c) ]The effective date of participation under hazardous duty coverage for positions in the Department of Alcoholic Beverage Control shall be April 1, 1998.
The Page 203 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA certification of the employer shall bear the approval of the agent or agency responsible for the budget of the department or county indicating that the required employer contributions have been provided for in the budget of the employing department or county.
The certification of the employer shall bear the approval of the agent or agency responsible for the budget of the department or county indicating that the required employer contributions have been provided for in the budget of the employing department or county.
The board shall have the authority to remove any employee from hazardous duty coverage if the board determines the employee is not working in a hazardous duty position or if the employee is classified in a hazardous duty position but has individual job duties that do not meet the definition of a hazardous duty position or are not accurately reflected in the job descriptions filed by the employer with the system.] (3) (a) An employee who elects coverage under KRS 196.167(3)(b)2., and an employee participating in the Kentucky Employees Retirement System who is determined by the system to be working in a hazardous position in accordance with subsection (2) of this section, shall contribute, for each pay period for which he or she receives compensation, eight percent (8%) of his or her creditable compensation.
The board shall have the authority to remove any employee from hazardous duty coverage if the board determines the employee is not working in a hazardous duty position or if the employee is classified in a hazardous duty position but has individual job duties that do not meet the definition of a hazardous duty position or are not accurately reflected in the job descriptions filed by the employer with the system.] (3) (a) An employee who elects coverage under KRS 196.167(3)(b)2., and an employee participating in the Kentucky Employees Retirement System who is determined by the system to be working in a hazardous position in accordance with subsection (2) of this section, shall contribute, for each pay period for which he or she receives compensation, eight percent (8%) of his or her creditable compensation.[ An employee participating in the County Employees Retirement System who is determined by the system to be working in a hazardous duty position in accordance with subsection (2) of this section shall contribute, for each pay period for which he or she receives compensation, eight percent (8%) of his or her creditable compensation.] (b) Each employer shall pay employer contributions based on the creditable compensation of the employees determined by the system to be working in a hazardous position at the employer contribution rate as determined by the board.
[An employee participating in the County Employees Retirement System who is determined by the system to be working in a hazardous duty position in accordance with subsection (2) of this section shall contribute, for each pay period for which he or she receives compensation, eight percent (8%) of his or her creditable compensation.] (b) Each employer shall pay employer contributions based on the creditable compensation of the employees determined by the system to be working in a Page 204 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA hazardous position at the employer contribution rate as determined by the board.
(4) The normal retirement age, retirement allowance, hybrid cash balance plans, other benefits, eligibility requirements, rights, and responsibilities of a member in a hazardous position, as prescribed by subsections (1), (2), and (3) of this section, and the responsibilities, rights, and requirements of his or her employer shall be as Page 205 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA prescribed for a member and employer participating in the State Police Retirement System as provided for by KRS 16.505 to 16.652.
CHAPTER 102 87 (4) The normal retirement age, retirement allowance, hybrid cash balance plans, other benefits, eligibility requirements, rights, and responsibilities of a member in a hazardous position, as prescribed by subsections (1), (2), and (3) of this section, and the responsibilities, rights, and requirements of his or her employer shall be as prescribed for a member and employer participating in the State Police Retirement System as provided for by KRS 16.505 to 16.652.
Any Kentucky Employees Retirement System member whose effective date of retirement is between February 1, 1999, and January 31, 2009, and who has at least twenty (20) years of service credit in one (1) of the state-administered Page 206 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA retirement systems and who was participating in one (1) of the state- administered retirement systems as of January 1, 1998, and continues to participate through January 1, 1999, shall receive an annual retirement allowance, payable monthly during his lifetime, which shall consist of an amount equal to two and two-tenths percent (2.2%) of final compensation multiplied by the number of years of service credit.
Any Kentucky Employees Retirement System member whose effective date of retirement is between February 1, 1999, and January 31, 2009, and who has at least twenty (20) years of service credit in one (1) of the state- administered retirement systems and who was participating in one (1) of the state-administered retirement systems as of January 1, 1998, and continues to participate through January 1, 1999, shall receive an annual retirement allowance, payable monthly during his lifetime, which shall consist of an amount equal to two and two-tenths percent (2.2%) of final compensation multiplied by the number of years of service credit.
(c) ]The annual normal retirement allowance for members of the General Assembly, who serve during the 1974 or 1976 General Assembly, and will have eight (8) years or more of total legislative service as of January 6, 1978, shall not be less than two hundred forty dollars ($240) multiplied by the number of years of service as a member of the General Assembly;
(c) ]The annual normal retirement allowance for members of the General Assembly, who serve during the or 1976 General Assembly, and will have eight (8) years or more of total legislative service as of January 6, 1978, shall not be less than two hundred forty dollars ($240) multiplied by the number of years of service as a member of the General Assembly;
One and three-tenths percent (1.3%) of final compensation for each year of service if the member has earned greater than ten (10) Page 207 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA but no more than twenty (20) years of service at retirement;
One and three-tenths percent (1.3%) of final compensation for each year of service if the member has earned greater than ten (10) but no more than twenty (20) years of service at retirement;
or d.
or Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY d.
One and three-quarters percent (1.75%) of final compensation for each year of service if the member has earned greater than twenty- six (26) but no more than thirty (30) years of service at retirement;
One and three-quarters percent (1.75%) of final compensation for each year of service if the member has earned greater than twenty-six (26) but no more than thirty (30) years of service at retirement;
(e) The annual normal retirement allowance for members of the General Assembly who will have fewer than eight (8) years of service as of December 31, 1975, shall be as prescribed in Chapter 116, section 36(1), Acts of the 1972 General Assembly for legislative service prior to January 1, 1974;
(d)[(e)] The annual normal retirement allowance for members of the General Assembly who will have fewer than eight (8) years of service as of December 31, 1975, shall be as prescribed in Chapter 116, section 36(1), Acts of the 1972 General Assembly for legislative service prior to January 1, 1974;
(f) Former members of the General Assembly who have eight (8) or more years of legislative service prior to the 1976 Regular Session are eligible for an increased retirement allowance of two hundred forty dollars ($240) times the years of legislative service, if the member pays to the Kentucky Employees Retirement System thirty-five percent (35%) of the actuarial cost of the higher benefit, as determined by the system, except that a former member with sixteen (16) or more years of legislative service, or his beneficiary, who is receiving a retirement allowance, also is eligible under this section and may apply for a recomputation of his retirement allowance.
(e)[(f)] Former members of the General Assembly who have eight (8) or more years of legislative service prior to the 1976 Regular Session are eligible for an increased retirement allowance of two hundred forty dollars ($240) times the years of legislative service, if the member pays to the Kentucky Employees Retirement System thirty-five percent (35%) of the actuarial cost of the higher benefit, as determined by the system, except that a former member with sixteen (16) or more years of legislative service, or his beneficiary, who is receiving a retirement allowance, also is eligible under this section and may apply for a recomputation of his retirement allowance.
If any member with sixteen (16) or more years of Page 208 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA legislative service previously applied for and is receiving a retirement allowance, he may reapply and his retirement allowance shall be recomputed in accordance with this paragraph, and he shall thereafter be paid in accordance with the option selected by him at the time of the reapplication;
If any member with sixteen (16) or more years of legislative service previously applied for and is receiving a retirement allowance, he may reapply and his retirement allowance shall be recomputed in accordance with this paragraph, and he shall thereafter be paid in accordance with the option selected by him at the time of the reapplication;
and (g) The annual normal retirement allowance for a member with ten (10) or more years of service, in the Kentucky Employees Retirement System, at least one (1) of which is current service, shall not be less than five hundred twelve dollars ($512).
and (f)[(g)] The annual normal retirement allowance for a member with ten (10) or more years of service, in the Kentucky Employees Retirement System, at least one (1) of which is current service, shall not be less than five hundred twelve dollars ($512).
The credit from a Kentucky institution Page 209 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA of higher education, the Council on Postsecondary Education, or the Higher Education Assistance Authority shall not be used toward the minimum fifteen (15) years of current service required by KRS 61.559(2)(c) and (d) or to calculate his retirement allowance pursuant to this section.
The credit from a Kentucky institution of higher education, the Council on Postsecondary Education, or the Higher Education Assistance Authority shall not be used toward the minimum fifteen (15) years of current service required by KRS 61.559(2)(c) and (d) or to calculate his retirement allowance pursuant to this section.
(1) A member of the Kentucky Employees Retirement System[ or County Employees Retirement System] who is participating in a nonhazardous position, whose participation in the systems begins on or after January 1, 2014, and[except for] those members making an election pursuant to KRS 61.5955[ or 61.5956], shall receive the retirement benefits provided by this section in lieu of the retirement benefits provided under KRS 61.559 and 61.595.
CHAPTER 102 89 (1) A member of the Kentucky Employees Retirement System[ or County Employees Retirement System] who is participating in a nonhazardous position, whose participation in the systems begins on or after January 1, 2014, and[except for] those members making an election pursuant to KRS 61.5955[ or 61.5956], shall receive the retirement benefits provided by this section in lieu of the retirement benefits provided under KRS 61.559 and 61.595.
The retirement benefit provided by this section shall be known as the hybrid cash balance plan and shall operate as another benefit tier within the Kentucky Employees Retirement System[ and the Page 210 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA County Employees Retirement System].
The retirement benefit provided by this section shall be known as the hybrid cash balance plan and shall operate as another benefit tier within the Kentucky Employees Retirement System[ and the County Employees Retirement System].
(b) If the member contributed to the hybrid cash balance plan or the County Employees Retirement System[another state-administered retirement system] during the fiscal year, the interest credit added to the member's account for that fiscal year shall be determined by multiplying the member's accumulated Page 211 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA account balance on June 30 of the preceding fiscal year by a percentage increase equal to:
(b) If the member contributed to the hybrid cash balance plan or the County Employees Retirement System[another state-administered retirement system] during the fiscal year, the interest credit added to the member's account for that fiscal year shall be determined by multiplying the member's accumulated account balance on June 30 of the preceding fiscal year by a percentage increase equal to:
Seventy-five percent (75%) of the system's geometric average investment return in excess of the four percent (4%) rate of return [eighty-five percent (85%) of the system's geometric average net investment return, but in no case shall be less than zero percent (0%)].
Seventy-five percent (75%) of the system's geometric average investment return in excess of the four percent (4%) rate of return[ eighty-five percent (85%) of the system's geometric average net investment return, but in no case shall be less than zero percent (0%)].
(5) (a) Upon termination of employment, a member who has less than five (5) years of service credited under KRS 16.543(1), 61.543(1), and 78.615(1), who Page 212 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA elects to take a refund of his or her accumulated account balance as provided by KRS 61.625, shall forfeit the accumulated employer credit, and shall only receive a refund of his or her accumulated contributions.
(5) (a) Upon termination of employment, a member who has less than five (5) years of service credited under KRS 16.543(1), 61.543(1), and 78.615(1), who elects to take a refund of his or her accumulated account balance as provided by KRS 61.625, shall forfeit the accumulated employer credit, and shall only receive a refund of his or her accumulated contributions.
(b) Upon termination of employment, a member who has five (5) or more years of service credited under KRS 16.543(1), 61.543(1), and 78.615(1), who elects to take a refund of his or her accumulated account balance as provided by KRS 61.625, shall receive a full refund of his or her accumulated account balance.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) Upon termination of employment, a member who has five (5) or more years of service credited under KRS 16.543(1), 61.543(1), and 78.615(1), who elects to take a refund of his or her accumulated account balance as provided by KRS 61.625, shall receive a full refund of his or her accumulated account balance.
or (b) If the member is at least age fifty-seven (57) and has an age and years of service total of at least eighty-seven (87) years.
or (b) If the member is at least age fifty-seven (57) and has an age and years of service total of at least eighty- seven (87) years.
Page 213 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA (8) The provisions of this section shall not apply to members who began participating in the Kentucky Employees Retirement System[ or the County Employees Retirement System] prior to January 1, 2014, except for the those members who make an election pursuant to KRS 61.5955.
(8) The provisions of this section shall not apply to members who began participating in the Kentucky Employees Retirement System[ or the County Employees Retirement System] prior to January 1, 2014, except for the those members who make an election pursuant to KRS 61.5955.
(b) Except as limited or excluded by subsections (3) and (4) of this section, any Page 214 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA amount of increase in creditable compensation for a fiscal year identified under paragraph (a) of this subsection that exceeds ten percent (10%) more than the employee's creditable compensation from the immediately preceding fiscal year shall not be included in the creditable compensation used to calculate the retiring employee's monthly retirement allowance.
(b) Except as limited or excluded by subsections (3) and (4) of this section, any amount of increase in creditable compensation for a fiscal year identified under paragraph (a) of this subsection that exceeds ten percent (10%) more than the employee's creditable compensation from the immediately preceding fiscal year shall not be included in the creditable compensation used to calculate the retiring employee's monthly retirement allowance.
1.
CHAPTER 102 91 1.
Page 215 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA (c) A lump-sum payment made pursuant to an alternate sick leave program under KRS 78.616(5) that is paid to an employee upon termination of employment;
(c) A lump-sum payment made pursuant to an alternate sick leave program under KRS 78.616(5) that is paid to an employee upon termination of employment;
Page 216 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA (c) The Authority[Kentucky Retirement Systems] shall be required to answer inquiries from participating employers regarding this subsection.
(c) The Authority[Kentucky Retirement Systems] shall be required to answer inquiries from participating employers regarding this subsection.
(8) For the fiscal year beginning July 1, 2017, and subsequent years, the Kentucky Retirement Systems and the County Employees Retirement System shall provide a means for employers to separately report the specific exceptions provided in subsection (4) of this section within the reporting system utilized by the employers for making employer reports under KRS 16.645, 61.675, and 78.545.
(8) For the fiscal year beginning July 1, 2017, and subsequent years, the Kentucky Retirement Systems and the County Employees Retirement System shall provide a means for employers to separately report the specific Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY exceptions provided in subsection (4) of this section within the reporting system utilized by the employers for making employer reports under KRS 16.645, 61.675, and 78.545.
The Kentucky Retirement Systems and the County Employees Retirement System shall Page 217 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA continually provide communication, instructions, training, and educational opportunities for employers regarding how to appropriately report exemptions established by subsection (4) of this section.
The Kentucky Retirement Systems and the County Employees Retirement System shall continually provide communication, instructions, training, and educational opportunities for employers regarding how to appropriately report exemptions established by subsection (4) of this section.
(a) The person, since his last day of paid employment, has been mentally or physically incapacitated to perform the job, or jobs of like duties, from which Page 218 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA he received his last paid employment.
(a) The person, since his last day of paid employment, has been mentally or physically incapacitated to perform the job, or jobs of like duties, from which he received his last paid employment.
Page 219 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA 2.
2.
(b) The person's residual functional capacity shall be the person's capacity for work activity on a regular and continuing basis.
CHAPTER 102 93 (b) The person's residual functional capacity shall be the person's capacity for work activity on a regular and continuing basis.
A job shall be in this category if lifting is infrequently required but walking and standing are frequently required, Page 220 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA or if the job primarily requires sitting with pushing and pulling of arm or leg controls.
A job shall be in this category if lifting is infrequently required but walking and standing are frequently required, or if the job primarily requires sitting with pushing and pulling of arm or leg controls.
(1) Upon disability retirement, except as provided by subsection (2) of this section, an employee may receive an annual retirement allowance payable monthly during his lifetime which shall be determined in the same manner as for retirement at his normal retirement date with years of service and final compensation being determined as of the date of his disability except that service credit shall be added to the person's total service beginning with his last date of paid employment and Page 221 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA continuing to his sixty-fifth birthday;
(1) Upon disability retirement, except as provided by subsection (2) of this section, an employee may receive an annual retirement allowance payable monthly during his lifetime which shall be determined in the same manner as for retirement at his normal retirement date with years of service and final compensation being determined as of the date of his disability except that service credit shall be added to the person's total service beginning with his last date of paid employment and continuing to his sixty-fifth birthday;
(b) For a member who begins participating on or after January 1, 2014, in the hybrid cash balance plan as provided by KRS 61.597[ or who elects to participate in the 401(a) money purchase plan as provided by KRS 21.374, 61.5955, or 61.5956], the disability retirement allowance shall be the higher of twenty percent (20%) of the member's monthly final rate of pay or the retirement allowance determined in the same manner as for retirement at his or her normal retirement date under KRS[ 61.5956 or] 61.597[, as applicable].
(b) For a member who begins participating on or after January 1, 2014, in the hybrid cash balance plan as provided by KRS 61.597[ or who elects to participate in the 401(a) money purchase plan as provided by KRS 21.374, 61.5955, or 61.5956], the disability retirement allowance shall be the higher of twenty Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY percent (20%) of the member's monthly final rate of pay or the retirement allowance determined in the same manner as for retirement at his or her normal retirement date under KRS[ 61.5956 or] 61.597[, as applicable].
Notwithstanding any other provisions of KRS 16.505 to 16.652 or[,] 61.510 to 61.705[, or 78.510 to 78.852], a maximum disability benefit is hereby established which shall apply, upon disability retirement, to any disabled employee's account to which service credit is added to determine disability benefits or in any case where disability benefits are determined by computing a percentage of the disabled employee's final monthly rate of Page 222 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA pay.
Notwithstanding any other provisions of KRS 16.505 to 16.652 or[,] 61.510 to 61.705[, or 78.510 to 78.852], a maximum disability benefit is hereby established which shall apply, upon disability retirement, to any disabled employee's account to which service credit is added to determine disability benefits or in any case where disability benefits are determined by computing a percentage of the disabled employee's final monthly rate of pay.
(3) The system may pay estimated benefits to a disabled employee, upon qualification for disability retirement, based on an estimate of his Social Security and workers' compensation benefits until the amounts are actually determined, at which time a Page 223 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA final calculation of the member's actual benefits shall be determined and his account corrected retroactive to his effective retirement date.
(3) The system may pay estimated benefits to a disabled employee, upon qualification for disability retirement, based on an estimate of his Social Security and workers' compensation benefits until the amounts are actually determined, at which time a final calculation of the member's actual benefits shall be determined and his account corrected retroactive to his effective retirement date.
(1) Notwithstanding any provision of any statutes to the contrary, effective June 1, 2000, any employee participating in one (1) of the state-administered retirement systems who is not in a hazardous duty position, as defined in KRS 61.592 or Section 6 of this Act, shall be eligible for minimum benefits equal to the benefits payable under this section or KRS 61.702, or Section 14 of this Act, as applicable, if the employee dies or becomes totally and permanently disabled to engage in any Page 224 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA occupation for remuneration or profit as a result of a duty-related injury.
(1) Notwithstanding any provision of any statutes to the contrary, effective June 1, 2000, any employee participating in one (1) of the state-administered retirement systems who is not in a hazardous duty position, as defined in KRS 61.592 or Section 6 of this Act, shall be eligible for minimum benefits equal to the benefits payable under this section or KRS 61.702 or Section 14 of this Act, as applicable, if the employee dies or becomes totally and permanently disabled to engage in any occupation for remuneration or profit as a result of a duty-related injury.
or b.
or CHAPTER 102 95 b.
(c) In addition, if the member is also survived by dependent children, monthly payments shall be made for each dependent child equal to ten percent (10%) of the deceased member's monthly average pay, except that the combined Page 225 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA maximum payment made to the:
(c) In addition, if the member is also survived by dependent children, monthly payments shall be made for each dependent child equal to ten percent (10%) of the deceased member's monthly average pay, except that the combined maximum payment made to the:
For purposes of determining disability, the service requirement in KRS 61.600(1)(a), or other applicable statutes in any other Page 226 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA state-administered retirement system, shall be waived.
For purposes of determining disability, the service requirement in KRS 61.600(1)(a), or other applicable statutes in any other state- administered retirement system, shall be waived.
(7) Benefits for death as a result of a duty-related injury to a dependent child shall be payable under this section notwithstanding an election by a surviving spouse or beneficiary to withdraw the deceased member's accumulated account balance as provided in KRS 61.625 or benefits under any other provisions of KRS 61.515 to 61.705 or other applicable death benefit statutes in any other state-administered retirement system.
(7) Benefits for death as a result of a duty-related injury to a dependent child shall be payable under this section notwithstanding an election by a surviving spouse or beneficiary to withdraw the deceased member's Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY accumulated account balance as provided in KRS 61.625 or benefits under any other provisions of KRS 61.515 to 61.705 or other applicable death benefit statutes in any other state-administered retirement system.
(d) If the spouse has been paid more than the benefit the spouse was eligible to receive under this section, then the system shall deduct the amount owed by Page 227 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA the spouse from the ten thousand dollars ($10,000) lump-sum payment and from the monthly retirement allowance payments until the amount owed to the systems has been recovered.
(d) If the spouse has been paid more than the benefit the spouse was eligible to receive under this section, then the system shall deduct the amount owed by the spouse from the ten thousand dollars ($10,000) lump-sum payment and from the monthly retirement allowance payments until the amount owed to the systems has been recovered.
(4) (a) Notwithstanding the provisions of this section, the payments suspended in Page 228 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA 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 reemployment.
(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 reemployment.
Page 229 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA 4.
CHAPTER 102 97 4.
(b) A retired member who has been ordered reinstated by the Personnel Board under authority of KRS 18A.095 or by court order or by order of the Human Rights Commission and accepts employment by an agency participating in the Kentucky Employees Retirement System or County Employees Retirement System shall void his or her retirement by reimbursing the system in the full Page 230 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA amount of his or her retirement allowance payments received.
(b) A retired member who has been ordered reinstated by the Personnel Board under authority of KRS 18A.095 or by court order or by order of the Human Rights Commission and accepts employment by an agency participating in the Kentucky Employees Retirement System or County Employees Retirement System shall void his or her retirement by reimbursing the system in the full amount of his or her retirement allowance payments received.
(8) If a retired member accepts employment or begins serving as a volunteer with 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 retired member shall notify the Authority[retirement system] and the participating employer shall submit the information required or Page 231 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA requested by the Authority[systems] to confirm the individual's employment or volunteer status.
(8) If a retired member accepts employment or begins serving as a volunteer with 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 retired member shall notify the Authority[retirement system] and the participating employer shall submit the information required or requested by the Authority[systems] to confirm the individual's employment or volunteer status.
(10) If a member is receiving a retirement allowance, or has filed the forms required for a retirement allowance, and is employed within one (1) month of the member's initial retirement date in a position that is required to participate in the same retirement system from which the member retired, the member's retirement shall be voided and the member shall repay to the retirement system all benefits received.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (10) If a member is receiving a retirement allowance, or has filed the forms required for a retirement allowance, and is employed within one (1) month of the member's initial retirement date in a position that is required to participate in the same retirement system from which the member retired, the member's retirement shall be voided and the member shall repay to the retirement system all benefits received.
The retirement allowance for which the member shall be eligible upon retirement shall be determined by total service and creditable Page 232 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA compensation.
The retirement allowance for which the member shall be eligible upon retirement shall be determined by total service and creditable compensation.
(b) The retired member shall repay to the retirement system all benefits paid from Page 233 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA systems administered by Kentucky Retirement Systems or County Employees Retirement System under reciprocity, including medical insurance benefits, that the member received after reemployment began;
(b) The retired member shall repay to the retirement system all benefits paid from systems administered by Kentucky Retirement Systems or County Employees Retirement System under reciprocity, including medical insurance benefits, that the member received after reemployment began;
Page 234 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA (b) Service credit gained after reemployment shall be credited to the second member account.
(b) Service credit gained after reemployment shall be credited to the second member account.
(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 eligible to purchase prior to his or her initial retirement.
CHAPTER 102 99 (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 eligible to purchase prior to his or her initial retirement.
Page 235 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA 1.
1.
If an elected official is reelected to a new term of office in the same position and has retired from the elected office within twelve (12) months prior to taking the new term of office, he or she shall be deemed by the system as having a prearranged agreement under the Page 236 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA provisions of this subparagraph and shall have his or her retirement voided.
If an elected official is reelected to a new term of office in the same position and has retired from the elected office within twelve (12) months prior to taking the new term of office, he or she shall be deemed by the system as having a prearranged agreement under the provisions of this subparagraph and shall have his or her retirement voided.
and 4.
and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 4.
Page 237 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA (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 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.
(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 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 Page 238 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA 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 during the period of reemployment subject to the following provisions:
(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 during the period of reemployment subject to the following provisions:
Page 239 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA 3.
3.
4.
CHAPTER 102 101 4.
Page 240 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA 3.
3.
If a mayor or member of a city Page 241 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA legislative body who is at least sixty-two (62) years of age retires from the systems administered by Kentucky Retirement Systems but remains in office after his or her effective retirement date, the mayor or member of the city legislative body shall not accrue any further service credit or benefits in the systems administered by Kentucky Retirement Systems for any employment occurring on or after the effective retirement date;
If a mayor or member of a city legislative body who is at least sixty-two (62) years of age retires from the systems administered by Kentucky Retirement Systems but remains in office after his or her effective retirement date, the mayor or member of the city legislative body shall not accrue any further service credit or benefits in the systems administered by Kentucky Retirement Systems for any employment occurring on or after the effective retirement date;
Within three (3) months following the member's initial retirement date, if the Authority[system] determines the employment arrangement does not qualify as an independent contractor or leased employee, the member's retirement shall be voided in accordance with paragraph (a) of this subsection;
Within three (3) months following the member's initial retirement date, if the Authority[system] determines the employment arrangement does not qualify as an independent contractor or leased Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY employee, the member's retirement shall be voided in accordance with paragraph (a) of this subsection;
After three (3) months but within twelve (12) months following the member's initial retirement, if the Authority[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 Page 242 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA paragraph (a) of this subsection;
After three (3) months but within twelve (12) months following the member's initial retirement, if the Authority[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;
(1) The Kentucky Employees Retirement System and State Police Retirement System shall be administered by the board of trustees of the Kentucky Retirement Systems Page 243 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA composed of nine (9) members, who shall be selected as follows:
(1) The Kentucky Employees Retirement System and State Police Retirement System shall be administered by the board of trustees of the Kentucky Retirement Systems composed of nine (9) members, who shall be selected as follows:
and (e) For purposes of paragraph (c) of this subsection, a trustee with "retirement experience" means an individual who does not have a conflict of interest, as provided by KRS 61.655, and who has at least ten (10) years of experience in Page 244 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA one (1) of the following areas of expertise:
and (e) For purposes of paragraph (c) of this subsection, a trustee with "retirement experience" means an individual who does not have a conflict of interest, as provided by KRS 61.655, and who has at least ten (10) years of experience in one (1) of the following areas of expertise:
2.
CHAPTER 102 103 2.
and (g) The board shall reimburse any trustee, officer, or employee for any legal expense resulting from a civil action arising out of the performance of his or Page 245 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA her official duties.
and (g) The board shall reimburse any trustee, officer, or employee for any legal expense resulting from a civil action arising out of the performance of his or her official duties.
(b) Individuals may be nominated by the retirement system members which are to elect the trustee by presenting to the executive director, not less than four (4) months before a term of office of a trustee is due to expire, a petition, bearing the name, last four (4) digits of the Social Security number, and signature of no less than one-tenth (1/10) of the number voting in the last election by the Page 246 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA retirement system members.
(b) Individuals may be nominated by the retirement system members which are to elect the trustee by presenting to the executive director, not less than four (4) months before a term of office of a trustee is due to expire, a petition, bearing the name, last four (4) digits of the Social Security number, and signature of no less than one-tenth (1/10) of the number voting in the last election by the retirement system members.
(e) The ballots shall be addressed to the Kentucky Retirement Systems in care of a predetermined box number at a United States Post Office or submitted electronically as provided by paragraph (j) of this subsection.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (e) The ballots shall be addressed to the Kentucky Retirement Systems in care of a predetermined box number at a United States Post Office or submitted electronically as provided by paragraph (j) of this subsection.
Page 247 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA 1.
1.
Any vacancy during a term of office shall be filled Page 248 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA within ninety (90) days of the position becoming vacant.
Any vacancy during a term of office shall be filled within ninety (90) days of the position becoming vacant.
(8) (a) The board shall meet at least once in each quarter of the year and may meet in special session upon the call of the chair or the chief executive officer[executive director].
CHAPTER 102 105 (8) (a) The board shall meet at least once in each quarter of the year and may meet in special session upon the call of the chair or the chief executive officer[executive director].
The vice- chair shall not serve more than four (4) consecutive years as chair or vice- chair of the board.
The vice-chair shall not serve more than four (4) consecutive years as chair or vice-chair of the board.
Page 249 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA (c) A majority of the trustees shall constitute a quorum and all actions taken by the board shall be by affirmative vote of a majority of the trustees present.
(c) A majority of the trustees shall constitute a quorum and all actions taken by the board shall be by affirmative vote of a majority of the trustees present.
(9) (a) The board of trustees shall appoint or contract for the services of a chief executive officer and general counsel and fix the compensation and other terms of employment for for these[this position] without limitation of the provisions of KRS Chapters 18A and 45A and KRS 64.640.
(9) (a) The board of trustees shall appoint or contract for the services of a chief executive officer and general counsel and fix the compensation and other terms of employment for these positions[this position] without limitation of the provisions of KRS Chapters 18A and 45A and KRS 64.640.
(c) The board shall require the chief executive officer and may require the General Counsel to execute bonds for the faithful performance of his or her duties notwithstanding the limitations of KRS Chapter 62.
(c) The board shall require the chief executive officer and may require the general counsel to execute bonds for the faithful performance of his or her duties notwithstanding the limitations of KRS Chapter 62.
Page 250 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA (e) The board shall do all things, take all actions, and promulgate all administrative regulations, not inconsistent with the provisions of KRS 16.505 to 16.652 and 61.510 to 61.705, necessary or proper in order to carry out the provisions of KRS 16.505 to 16.652 and 61.510 to 61.705.
(e) The board shall do all things, take all actions, and promulgate all administrative regulations, not inconsistent with the provisions of KRS 16.505 to 16.652 and 61.510 to 61.705, necessary or proper in order to carry out the provisions of KRS 16.505 to 16.652 and 61.510 to 61.705.
The Attorney General Page 251 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA may act as legal adviser and attorney for the board, and the board may contract for legal services, notwithstanding the limitations of KRS Chapter 12 or 13B.
The Attorney General may act as legal adviser and attorney for the board, and the board may contract for legal services, notwithstanding the limitations of KRS Chapter 12 or 13B.
(12) (a) The system shall publish an annual financial report showing all receipts, disbursements, assets, and liabilities.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (12) (a) The system shall publish an annual financial report showing all receipts, disbursements, assets, and liabilities.
(13) All expenses incurred by or on behalf of the system and the board in the administration of the system during a fiscal year shall be paid from the retirement allowance account, including any administrative expenses for the Kentucky Public Pensions Authority that are assigned to the Kentucky Retirement Systems Page 252 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA by KRS 61.505.
(13) All expenses incurred by or on behalf of the system and the board in the administration of the system during a fiscal year shall be paid from the retirement allowance account, including any administrative expenses for the Kentucky Public Pensions Authority that are assigned to the Kentucky Retirement Systems by KRS 61.505.
One (1) or more officers or employees of the Kentucky Retirement Systems whom the trustee honestly believes to be reliable and competent Page 253 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA in the matters presented;
One (1) or more officers or employees of the Kentucky Retirement Systems whom the trustee honestly believes to be reliable and competent in the matters presented;
1.
CHAPTER 102 107 1.
(h) In discharging his or her administrative duties under this section, a trustee shall strive to administer the retirement system in an efficient and cost- effective manner for the taxpayers of the Commonwealth of Kentucky and shall take all actions available under the law to contain costs for the trusts, Page 254 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA including costs for participating employers, members, and retirees.
(h) In discharging his or her administrative duties under this section, a trustee shall strive to administer the retirement system in an efficient and cost-effective manner for the taxpayers of the Commonwealth of Kentucky and shall take all actions available under the law to contain costs for the trusts, including costs for participating employers, members, and retirees.
If a trustee fails to complete the orientation program within one (1) year from Page 255 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA the beginning of his or her first term on the board, the retirement systems shall withhold payment of the per diem and travel expenses due to the board member under this section and KRS 16.640 until the trustee has completed the orientation program;
If a trustee fails to complete the orientation program within one (1) year from the beginning of his or her first term on the board, the retirement systems shall withhold payment of the per diem and travel expenses due to the board member under this section and KRS 16.640 until the trustee has completed the orientation program;
(a) Meeting notices and agendas for all meetings of the board.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (a) Meeting notices and agendas for all meetings of the board.
Page 256 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA 5.
5.
The systems shall request from all managers, partnerships, and any other available sources all information Page 257 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA regarding fees and commissions and shall, based on the requested information received:
The systems shall request from all managers, partnerships, and any other available sources all information regarding fees and commissions and shall, based on the requested information received:
(k) A searchable database of the systems' expenditures and a listing of each individual employed by the systems along with the employee's salary or wages.
CHAPTER 102 109 (k) A searchable database of the systems' expenditures and a listing of each individual employed by the systems along with the employee's salary or wages.
(l) All contracts or offering documents for services, goods, or property purchased Page 258 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA or utilized by the systems;
(l) All contracts or offering documents for services, goods, or property purchased or utilized by the systems;
(1) The Kentucky Employees Excess Benefit Plan established in KRS 61.663[, the County Employees Excess Benefit Plan established in KRS 78.652,] and the State Police Excess Benefit Plan established in KRS 16.568 shall be administered by the Page 259 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA board of trustees of the Kentucky Retirement Systems.
(1) The Kentucky Employees Excess Benefit Plan established in KRS 61.663[, the County Employees Excess Benefit Plan established in KRS 78.652,] and the State Police Excess Benefit Plan established in KRS 16.568 shall be administered by the board of trustees of the Kentucky Retirement Systems.
Each member's participation in the plans shall be determined each fiscal year and will cease for any year in which the retirement allowance is not limited by 26 U.S.C.
Each member's participation in the plans shall be determined each fiscal year and will cease for any year in which the retirement allowance is not limited by U.S.C.
The required contribution for each of the three (3) plans in each fiscal year shall be the total amount of benefits payable under this section to all participants plus Page 260 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA the amount required to pay the administrative expenses of the plan and the employer's share of any employment taxes on the benefits paid from the plan.
The required contribution for each of the three (3) plans in each fiscal year shall be the total amount of benefits payable under this section to all participants plus the amount required to pay the administrative expenses of the plan and the employer's share of any employment taxes on the benefits paid from the plan.
(c) The required contribution for each plan shall be deposited into the separate fund.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (c) The required contribution for each plan shall be deposited into the separate fund.
Payments may be in the form of checks, which shall Page 261 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA clearly show on the envelope or other mailing device the name and address of the Kentucky Retirement Systems, County Employees Retirement System, or direct deposit bank transfers.
Payments may be in the form of checks, which shall clearly show on the envelope or other mailing device the name and address of the Kentucky Retirement Systems, County Employees Retirement System, or direct deposit bank transfers.
The person shall certify to the retirement office that the application for disability retirement and supporting medical information are Page 262 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA ready to be evaluated by the medical examiners in accordance with paragraph (d) of this subsection.
The person shall certify to the retirement office that the application for disability retirement and supporting medical information are ready to be evaluated by the medical examiners in accordance with paragraph (d) of this subsection.
(d) The Authority[system] shall select three (3) medical examiners to evaluate the medical evidence submitted by the person.
CHAPTER 102 111 (d) The Authority[system] shall select three (3) medical examiners to evaluate the medical evidence submitted by the person.
(e) If two (2) or more of the three (3) medical examiners recommend that the person be approved for disability retirement, the system shall make retirement Page 263 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA payments in accordance with the retirement plan selected by the person.
(e) If two (2) or more of the three (3) medical examiners recommend that the person be approved for disability retirement, the system shall make retirement payments in accordance with the retirement plan selected by the person.
The person shall have one hundred eighty (180) days from the day that the Authority[system] mailed the notice to appeal his denial of disability retirement by filing at the retirement office a request for a formal Page 264 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA hearing.
The person shall have one hundred eighty (180) days from the day that the Authority[system] mailed the notice to appeal his denial of disability retirement by filing at the retirement office a request for a formal hearing.
The system shall be responsible for the cost of the Page 265 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA examination.
The system shall be responsible for the cost of the examination.
(4) The board may establish an appeals committee whose members shall be appointed by the chair and who shall have the authority to act upon the recommendations and reports of the hearing officer pursuant to this section on behalf of the board.
(4) The board may establish an appeals committee whose members shall be appointed by the chair and who shall have the authority to act upon the recommendations and reports of the hearing officer pursuant to this section Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY on behalf of the board.
The Authority may upon the joint approval of the board of the Kentucky Retirement Systems and the County Employees Retirement System establish an appeals committee whose members shall be appointed by the chair of the Authority who have the authorization to act upon the recommendations and reports of the hearing officer pursuant to this section on behalf of both boards.
The Authority may, upon the joint approval of the board of the Kentucky Retirement Systems and the County Employees Retirement System, establish an appeals committee whose members shall be appointed by the chair of the Authority and who have the authorization to act upon the recommendations and reports of the hearing officer pursuant to this section on behalf of both boards.
Failure of the member to cooperate with the system or Vocational Rehabilitation may result in his Page 266 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA disability allowance being discontinued, reduced, or denied until the member complies with the agency requests.
Failure of the member to cooperate with the system or Vocational Rehabilitation may result in his disability allowance being discontinued, reduced, or denied until the member complies with the agency requests.
Vested service credit in a retirement system, other than the Teachers' Retirement System, sponsored by a Kentucky institution of higher Page 267 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA education and accepted by the Kentucky Employees Retirement System or the County Employees Retirement System, may be used to determine eligibility for twenty-seven (27) year retirement for an employee who begins participating before September 1, 2008, but not the amount of benefits;
Vested service credit in a retirement system, other than the Teachers' Retirement System, sponsored by a Kentucky institution of higher education and accepted by the Kentucky Employees Retirement System or the County Employees Retirement System, may be used to determine eligibility for twenty-seven (27) year retirement for an employee who begins participating before September 1, 2008, but not the amount of benefits;
1.
CHAPTER 102 113 1.
(c) If the member has not contributed at least one (1) year in a system in which he Page 268 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA has prior service, his current service in the system shall be valid for purposes of determining eligibility and in computation of benefits on a consolidated basis.
(c) If the member has not contributed at least one (1) year in a system in which he has prior service, his current service in the system shall be valid for purposes of determining eligibility and in computation of benefits on a consolidated basis.
(c) A member of one (1) of the state-administered retirement plans who ceases to contribute to the plan as provided in KRS 21.360 and who is employed in a nonelected position by an agency participating in the Kentucky Retirement Systems or Kentucky Teachers' Retirement System shall be deemed to have Page 269 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA elected membership in the system in which the employer of the nonelected position participates.
(c) A member of one (1) of the state-administered retirement plans who ceases to contribute to the plan as provided in KRS 21.360 and who is employed in a nonelected position by an agency participating in the Kentucky Retirement Systems or Kentucky Teachers' Retirement System shall be deemed to have elected membership in the system in which the employer of the nonelected position participates.
No contributions may be made to the Teachers' Retirement System for the same period of service under the Legislators' Retirement Plan or the Kentucky Employees Retirement System as a member of the General Assembly, but contributions made to the Teachers' Page 270 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA Retirement System while a member of the General Assembly shall be transferred to the Legislators' Retirement Plan, as provided for in KRS 6.535, when the member elects to join the Legislators' Retirement Plan, and service credit in the Legislators' Retirement Plan shall be granted as provided for in KRS 6.505(5).
No contributions may be made to the Teachers' Retirement System for the same period of service under the Legislators' Retirement Plan or the Kentucky Employees Retirement System as a member of the General Assembly, but contributions made to the Teachers' Retirement System while a member of the General Assembly shall be transferred to the Legislators' Retirement Plan, as provided for in KRS 6.535, when the member elects to join the Legislators' Retirement Plan, and service credit in the Legislators' Retirement Plan shall be granted as provided for in KRS 6.505(5).
(5) Any member of the Kentucky Employees Retirement System or County Employees Retirement System who is working in a position covered by one (1) of these retirement systems and his employee contributions, service credit and employer contributions made on his behalf are being transferred to the other retirement system shall contribute to the system in which his employer participates, or after August 1, 1982, the employer shall pick up the employee contributions, and no further contributions or service credit shall be transferred to the system in which he elected to retain membership, as subsection (2) of this section eliminates the necessity of the transfers.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (5) Any member of the Kentucky Employees Retirement System or County Employees Retirement System who is working in a position covered by one (1) of these retirement systems and his employee contributions, service credit and employer contributions made on his behalf are being transferred to the other retirement system shall contribute to the system in which his employer participates, or after August 1, 1982, the employer shall pick up the employee contributions, and no further contributions or service credit shall be transferred to the system in which he elected to retain membership, as subsection (2) of this section eliminates the necessity of the transfers.
(7) (a) Notwithstanding the provisions of subsection (2) of this section, a person who does not have the amount of service required for service retirement in the State Police Retirement System, Kentucky Employees Retirement System, County Employees Retirement System, Legislators' Retirement Plan, or Teachers' Retirement System, but who is a member of one (1) of the systems or is a former member of one (1) or more of the systems with valid service credit therein, shall become eligible for service retirement benefits attributable Page 271 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA to the amount of his actual service credit in each system in which he has service credit when his combined service credit in all the systems, plus any service credit he has in the Judicial Retirement Plan, is equal to that required for service retirement in each respective system.
(7) (a) Notwithstanding the provisions of subsection (2) of this section, a person who does not have the amount of service required for service retirement in the State Police Retirement System, Kentucky Employees Retirement System, County Employees Retirement System, Legislators' Retirement Plan, or Teachers' Retirement System, but who is a member of one (1) of the systems or is a former member of one (1) or more of the systems with valid service credit therein, shall become eligible for service retirement benefits attributable to the amount of his actual service credit in each system in which he has service credit when his combined service credit in all the systems, plus any service credit he has in the Judicial Retirement Plan, is equal to that required for service retirement in each respective system.
(1) Except as otherwise provided by this section and KRS 61.705(4), all retirement Page 272 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA allowances and other benefits accrued or accruing to any person under the provisions of KRS 61.510 to 61.705, 16.505 to 16.652, and 78.510 to 78.852, and the accumulated account balance and cash securities in the funds created under KRS 61.510 to 61.705, 16.505 to 16.652, and 78.510 to 78.852, are hereby exempt from any state, county, or municipal tax, and shall not be subject to execution, attachment, garnishment, or any other process, and shall not be assigned.
(1) Except as otherwise provided by this section and KRS 61.705(4), all retirement allowances and other benefits accrued or accruing to any person under the provisions of KRS 61.510 to 61.705, 16.505 to 16.652, and 78.510 to 78.852, and the accumulated account balance and cash securities in the funds created under KRS 61.510 to 61.705, 16.505 to 16.652, and 78.510 to 78.852, are hereby exempt from any state, county, or municipal tax, and shall not be subject to execution, attachment, garnishment, or any other process, and shall not be assigned.
The board of trustees of the retirement system shall establish the requirements, procedures, and forms necessary for the administration of qualified domestic relations orders by promulgation of administrative regulations in accordance with KRS Chapter 13A;
The board of trustees of the retirement system shall establish the requirements, procedures, CHAPTER 102 115 and forms necessary for the administration of qualified domestic relations orders by promulgation of administrative regulations in accordance with KRS Chapter 13A;
(a) Require the retirement system to take any action not authorized under state or Page 273 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA federal law;
(a) Require the retirement system to take any action not authorized under state or federal law;
or (b) If the participant is not retired, the month of the participant's effective Page 274 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA retirement date in which the first retirement allowance is payable to the participant or the month in which the participant receives a refund of his or her accumulated account balance as provided by KRS 61.625.
or (b) If the participant is not retired, the month of the participant's effective retirement date in which the first retirement allowance is payable to the participant or the month in which the participant receives a refund of his or her accumulated account balance as provided by KRS 61.625.
or 2.
or Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 2.
If the order does not specify the division of the cost of living adjustment as Page 275 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA required by this paragraph, then no cost of living adjustment shall be payable to the alternate payee.
If the order does not specify the division of the cost of living adjustment as required by this paragraph, then no cost of living adjustment shall be payable to the alternate payee.
Page 276 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA Section 72.
Section 72.
(b) The board of trustees of the Kentucky Retirement Systems shall, at least thirty (30) days prior to the beginning of regular sessions of the General Assembly Page 277 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA held in even-numbered years, advise the General Assembly of the following:
(b) The board of trustees of the Kentucky Retirement Systems shall, at least thirty (30) days prior to the beginning of regular sessions of the General Assembly held in even-numbered years, advise the General Assembly of the following:
and 2.
and CHAPTER 102 117 2.
The General Assembly reserves the right to suspend or reduce the benefits conferred in this Page 278 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA subsection if, in its judgment, the welfare of the Commonwealth so demands.
The General Assembly reserves the right to suspend or reduce the benefits conferred in this subsection if, in its judgment, the welfare of the Commonwealth so demands.
Any hospital and medical expense policy or certificate, provider- sponsored integrated health delivery network, self-insured medical plan, health maintenance organization contract, or other health benefit plan;
Any hospital and medical expense policy or certificate, provider-sponsored integrated health delivery network, self-insured medical plan, health maintenance organization contract, or other health benefit plan;
A medical insurance reimbursement program established by the board through the promulgation of administrative regulation under which Page 279 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA members purchase individual health insurance coverage through a health insurance exchange established under 42 U.S.C.
A medical insurance reimbursement program established by the board through the promulgation of administrative regulation under which members purchase individual health insurance coverage through a health insurance exchange established under 42 U.S.C.
18031 or 18041;
or 18041;
(b) "Monthly contribution rate" shall be the amount determined by the board based upon the requirements of paragraphs (4)(a) to (4)(c) of this section, except that for members who began participating in the system on or after July 1, 2003, the term shall mean the amount determined in paragraph (4)(d) of this section;
(b) "Monthly contribution rate" is the amount determined by the board based upon the requirements of subsection (4)(a) to (c) of this section, except that for members who began participating in the system on or after July 1, 2003, the term shall mean the amount determined in subsection (4)(d) of this section;
and (c) "Months of service" shall mean the total months of combined service used to determine benefits under the system, except service added to determine disability benefits or service otherwise prohibited from being used to determine retiree health benefits under KRS 16.505 to 16.652 or 61.510 to 61.705 shall not be counted as "months of service".
and (c) "Months of service" means the total months of combined service used to determine benefits under the system, except service added to determine disability benefits or service otherwise prohibited from being used to determine retiree health benefits under KRS 16.505 to 16.652 or 61.510 to 61.705 shall not be counted as "months of service." For current and former employees of the Council on Postsecondary Education who were employed prior to January 1, 1993, and who earn at least fifteen (15) years of service credit in the Kentucky Employees Retirement System, "months of service" shall Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY also include vested service in another retirement system other than the Kentucky Teachers' Retirement System sponsored by the Council on Postsecondary Education.
For current and former employees of the Council on Postsecondary Education who were employed prior to January 1, 1993, and who earn at least fifteen (15) years of service credit in the Kentucky Employees Retirement System, "months of service" shall also include vested service in another retirement system other than the Kentucky Teachers' Retirement System sponsored by the Council on Postsecondary Education.
The spouse and each qualified dependent of a recipient who is a former member or the beneficiary, provided the spouse and Page 280 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA dependent meet the requirements to participate in the hospital and medical insurance plans established, contracted, or authorized by the system.
The spouse and each qualified dependent of a recipient who is a former member or the beneficiary, provided the spouse and dependent meet the requirements to participate in the hospital and medical insurance plans established, contracted, or authorized by the system.
Page 281 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA 3.
3.
The deducted amounts shall, at the discretion of the board, be credited to accounts established pursuant to 26 U.S.C.
The deducted amounts shall, at the discretion of the board, be credited to accounts established pursuant to U.S.C.
401(h), within the funds established in KRS 16.510 and 61.515, or the insurance trust Page 282 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA fund established under KRS 61.701.
401(h), within the funds established in KRS 16.510 and 61.515, or the insurance trust fund established under KRS 61.701.
2.
CHAPTER 102 119 2.
The member shall have no option Page 283 of 327 HB000910.100 - 277 - XXXX GA UNOFFICIAL COPY 21 RS HB 9/GA to receive the contribution required by this paragraph directly instead of having the contribution paid to accounts established pursuant to 26 U.S.C.
The member shall have no option to receive the contribution required by this paragraph directly instead of having the contribution paid to accounts established pursuant to 26 U.S.C.
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Action History

  1. signed by Governor (Acts Ch. 102)

  2. delivered to Governor

  3. enrolled, signed by President of the Senate

  4. enrolled, signed by Speaker of the House

  5. received in House

  6. 3rd reading, passed 35-0

  7. posted for passage in the Consent Orders of the Day for Thursday, March 11, 2021

  8. 2nd reading, to Rules

  9. reported favorably, 1st reading, to Consent Calendar

  10. to State & Local Government (S)

  11. to Committee on Committees (S)

  12. received in Senate

  13. 3rd reading, passed 96-0 with floor amendment (1)

  14. floor amendment (1) filed

  15. posted for passage in the Regular Orders of the Day for Tuesday, February 16, 2021

  16. 2nd reading, to Rules

  17. reported favorably, 1st reading, to Calendar

  18. posted in committee

  19. to Local Government (H)

  20. to Committee on Committees (H)

  21. introduced in House

Sponsors

Sponsorship breakdown

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7 sponsors · 0 co-sponsors · 131 not signed on

Sponsors (7)

Co-sponsors (0)

None.

Not signed on (131)

131 members have not signed on to this bill.

Show all 131 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASS HB 9

Passed 35 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Republican 17000
Democrat 2000
Total 35000
% of votes cast 100%0%0%0%
How each member voted (35)
Member Party Vote
Alvarado — Yea
Turner — Yea
Hornback — Yea
Schickel — Yea
Buford — Yea
Schroder — Yea
Smith — Yea
Westerfield — Yea
McGarvey — Yea
Southworth — Yea
Castlen — Yea
Meredith — Yea
Embry — Yea
Thayer — Yea
Yates — Yea
Thomas — Yea
Gerald A. Neal Democrat Yea
Karen Berg Democrat Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jason Nemes Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Max Wise Republican Yea
Mike Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Stephen West Republican Yea

Official roll call →

Pass

Passed 96 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 51000
Unaffiliated 38000
Democrat 7000
Total 96000
% of votes cast 100%0%0%0%
How each member voted (96)
Member Party Vote
Fischer — Yea
Meredith — Yea
Santoro — Yea
Jenkins — Yea
Scott — Yea
Bechler — Yea
Bentley — Yea
Sheldon — Yea
Flood — Yea
Minter — Yea
Smith — Yea
Koenig — Yea
Palumbo — Yea
Goforth — Yea
Thomas — Yea
Burch — Yea
Pratt — Yea
Timoney — Yea
Graham — Yea
Prunty — Yea
Cantrell — Yea
Raymond — Yea
Webber — Yea
Dixon — Yea
Hatton — Yea
Massey — Yea
Donohue — Yea
Heath — Yea
Westrom — Yea
McCoy — Yea
Wheatley — Yea
Rowland — Yea
DuPlessis — Yea
Huff R — Yea
Kirk McCormick — Yea
Miller C — Yea
Miller J — Yea
Stevenson C — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
Lisa Willner Democrat Yea
Mary Lou Marzian Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jason Nemes Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Richard White Republican Yea
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Steve Bratcher Republican Yea
Steve Riley Republican Yea
Steven Rudy Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
William Lawrence Republican Yea

Official roll call →

Subjects

labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 9?
HB 9 is sponsored by R. Webber, Michael Meredith (Republican), Daniel Fister (Republican), P. Pratt, B. Reed, and Steven Rudy (Republican).
What is the current status of HB 9?
This bill has been enacted into law. Introduced February 04, 2021. Enacted.
Where can I track HB 9?
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