SB 27 — AN ACT relating to employment of part-time adjunct instructors for the Kentucky Fire Commission.

UNOFFICIALCHAPTER COPY56 221 RSCHAPTER 56 ( SB 27/GA27 ) AN ACT relating to employment of part-time adjunct instructors for the Kentucky Fire Commission.

(4) (a) Notwithstanding the provisions of this section, the payments suspended in accordance with subsection (1) of this section shall be paid retroactively to the retired member, or his or her estate, if he or she does not receive more than the maximum permissible earnings as provided by the Federal Social Security Act in compensation from participating agencies during any calendar year of Page 1 of 27 SB002710.100 - 1172 - XXXX GA UNOFFICIAL COPY 22 RS SB 27/GA reemployment.

The member shall not receive less in benefits as a Page 2 of 27 SB002710.100 - 1172 - XXXX GA UNOFFICIAL COPY 22 RS SB 27/GA result of the recomputation than he or she was receiving prior to reemployment or would receive as determined under KRS 61.691;

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (5) A retired member, or his or her estate, shall pay to the retirement fund the total amount of payments which are not suspended in accordance with subsection (1) of this section if the member received 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, except the retired member or his or her estate may repay the lesser of the total amount of payments which were not suspended or fifty cents ($0.50) of each dollar earned over the maximum permissible earnings during reemployment if under age sixty-five (65), or one dollar ($1) for every three dollars ($3) earned if over age sixty-five (65).

(7) (a) Effective August 1, 1998, the provisions of subsections (1) to (4) of this section shall no longer apply to a retired member who is reemployed in a position covered by the same retirement system from which the member Page 3 of 27 SB002710.100 - 1172 - XXXX GA UNOFFICIAL COPY 22 RS SB 27/GA retired.

Page 4 of 27 SB002710.100 - 1172 - XXXX GA UNOFFICIAL COPY 22 RS SB 27/GA (9) If the retired member is under a contract to provide services as an independent contractor or leased employee to an employer participating in the systems administered by Kentucky Retirement Systems or County Employees Retirement System within twelve (12) months of his or her retirement date, the member shall submit a copy of that contract to the Authority, and the Authority shall determine if the member is an independent contractor or leased employee for purposes of retirement benefits.

(11) (a) If a member of the Kentucky Employees Retirement System retires from a department which participates in more than one (1) retirement system and is reemployed within one (1) month of his or CHAPTER 56 3 her initial retirement date by the same department in a position participating in another retirement system, the retired member's retirement allowance shall be suspended for the first month of his or her retirement, and the member shall repay to the retirement system Page 5 of 27 SB002710.100 - 1172 - XXXX GA UNOFFICIAL COPY 22 RS SB 27/GA all benefits received for the month.

(c) Upon termination, or subsequent to expiration of the six (6) month period from the date of termination, the retired member's retirement allowance based on his or her initial retirement account shall no longer be suspended, and the member shall receive the amount to which he or she is entitled, including an Page 6 of 27 SB002710.100 - 1172 - XXXX GA UNOFFICIAL COPY 22 RS SB 27/GA increase as provided by KRS 61.691;

Page 7 of 27 SB002710.100 - 1172 - XXXX GA UNOFFICIAL COPY 22 RS SB 27/GA (17) Notwithstanding any provision of subsections (1) to (7)(a) and (10) to (15) of this section, the following shall apply to retired members who are reemployed by an agency participating in one (1) of the systems administered by Kentucky Retirement Systems or County Employees Retirement System on or after September 1, 2008:

(a) Except as provided by paragraphs (c) and (d) of this subsection, if a member is receiving a retirement allowance from one (1) of the systems administered by Kentucky Retirement Systems or County Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY Employees Retirement System, or has filed the forms required to receive a retirement allowance from one (1) of the systems administered by Kentucky Retirement Systems or County Employees Retirement System, and is employed in a regular full-time position required to participate in one (1) of the systems administered by Kentucky Retirement Systems or County Employees Retirement System or is employed in a position that is not considered regular full-time with an agency participating in one (1) of the systems administered by Kentucky Retirement Systems or County Employees Retirement System 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 retirement system all benefits received, including any health insurance benefits.

Upon subsequent retirement, the member shall be eligible for a retirement allowance based upon total service and creditable Page 8 of 27 SB002710.100 - 1172 - XXXX GA UNOFFICIAL COPY 22 RS SB 27/GA compensation, including any additional service or creditable compensation earned after his or her initial retirement was voided;

Page 9 of 27 SB002710.100 - 1172 - XXXX GA UNOFFICIAL COPY 22 RS SB 27/GA 2.

(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 CHAPTER 56 5 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 Page 10 of 27 SB002710.100 - 1172 - XXXX GA UNOFFICIAL COPY 22 RS SB 27/GA 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.

Page 11 of 27 SB002710.100 - 1172 - XXXX GA UNOFFICIAL COPY 22 RS SB 27/GA 1.

Page 12 of 27 SB002710.100 - 1172 - XXXX GA UNOFFICIAL COPY 22 RS SB 27/GA 4.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 1.

Other than the status of volunteer, the retired member does not become an employee, leased employee, or independent contractor of the employer for which he or she is performing volunteer services for a Page 13 of 27 SB002710.100 - 1172 - XXXX GA UNOFFICIAL COPY 22 RS SB 27/GA period of at least twelve (12) months following the retired member's most recent retirement date.

(g) Notwithstanding any provision of this section, any current or future part-part-time Page 14 of 27 SB002710.100 - 1172 - XXXX GA UNOFFICIAL COPY 22 RS SB 27/GA time adjunct instructor for the Kentucky Fire Commission who has not participated in the Kentucky Employees Retirement System prior to retirement, but who is otherwise eligible to retire from the County Employees Retirement System, shall not be:

Within three (3) months following the member's initial retirement date, if the Authority determines the employment arrangement does not qualify as an independent contractor or leased CHAPTER 56 7 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 determines the employment Page 15 of 27 SB002710.100 - 1172 - XXXX GA UNOFFICIAL COPY 22 RS SB 27/GA 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) A retired member whose disability retirement was discontinued pursuant to KRS 78.5528 and who is reemployed by an employer participating in the system or the Page 16 of 27 SB002710.100 - 1172 - XXXX GA UNOFFICIAL COPY 22 RS SB 27/GA Kentucky Retirement Systems prior to his or her normal retirement date shall have his or her accounts combined upon termination for determining eligibility for benefits.

The retired member and the participating employer shall submit the information required or requested by the Authority to confirm the individual's status as an independent contractor or Page 17 of 27 SB002710.100 - 1172 - XXXX GA UNOFFICIAL COPY 22 RS SB 27/GA leased employee.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (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.

The member shall contribute to a member account established for him or her in the County Employees Retirement System or the Kentucky Page 18 of 27 SB002710.100 - 1172 - XXXX GA UNOFFICIAL COPY 22 RS SB 27/GA Retirement Systems, and employer contributions shall be paid on behalf of the member by the participating employer to the system;

(b) 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 and is employed in a regular full-timefull- time position required to participate in the County Employees Retirement System or the Kentucky Retirement Systems after a three (3) 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:

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 Page 19 of 27 SB002710.100 - 1172 - XXXX GA UNOFFICIAL COPY 22 RS SB 27/GA be deemed by the Authority as having a prearranged agreement;

(c) If a member is receiving a retirement allowance from hazardous position coverage with the County Employees Retirement System, or has filed the Page 20 of 27 SB002710.100 - 1172 - XXXX GA UNOFFICIAL COPY 22 RS SB 27/GA forms required to receive a retirement allowance from the County Employees Retirement System for service in a hazardous position, and is employed in a CHAPTER 56 9 regular full-time hazardous position required to participate in the County Employees Retirement System or the Kentucky Retirement Systems 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 system all benefits received, including any health insurance benefits.

If the member is returning to work in a regular full-timefull- time position required to participate in the County Employees Retirement System or the Kentucky Retirement Systems:

If a member is reemployed by a participating employer within twelve (12) months of the member's retirement date, the participating employer shall certify in writing on a form prescribed by the Authority that no Page 21 of 27 SB002710.100 - 1172 - XXXX GA UNOFFICIAL COPY 22 RS SB 27/GA prearranged agreement existed between the employee and employer prior to the employee's retirement for the employee to return to work with the participating employer.

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 Page 22 of 27 SB002710.100 - 1172 - XXXX GA UNOFFICIAL COPY 22 RS SB 27/GA by KRS 158.441, the employer shall be required to reimburse the system for the cost of the health insurance premium paid by the system to provide coverage for the retiree, not to exceed the cost of the single premium;

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 2.

Page 23 of 27 SB002710.100 - 1172 - XXXX GA UNOFFICIAL COPY 22 RS SB 27/GA 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;

(g) Notwithstanding any provision of this section, any current or future part-part-time Page 24 of 27 SB002710.100 - 1172 - XXXX GA UNOFFICIAL COPY 22 RS SB 27/GA time adjunct instructor for the Kentucky Fire Commission who has not participated in the Kentucky Employees Retirement System prior to retirement, but who is otherwise eligible to retire from the County Employees Retirement System, shall not be:

CHAPTER 56 11 3.

After three (3) months but within twelve (12) months following the member's initial retirement, if the Authority determines the employment arrangement does not qualify as an independent contractor or leased employee and that a prearranged agreement existed between the member Page 25 of 27 SB002710.100 - 1172 - XXXX GA UNOFFICIAL COPY 22 RS SB 27/GA 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;

and (j)[(i)](j)[(i)]Retired Retired members of one (1) of the systems administered by Kentucky Retirement Systems who are reemployed by an employer in the County Employees Retirement System on or after September 1, 2008, shall not be eligible to earn a second retirement account in the County Employees Retirement System for his or her service to the employer.

(5) The Authority shall promulgate administrative regulations to implement the requirements of this section, including incorporating by reference Authority-Authority-prescribed prescribed forms that a retired member and participating agency shall provide the systems under subsections (1) and (4) of this section.

Page 26 of 27 SB002710.100 - 1172 - XXXX GA UNOFFICIAL COPY 22 RS SB 27/GA (6) "Reemployment" or "reinstatement" as used in this section shall not include a retired member who has been ordered reinstated by the Personnel Board under authority of KRS 18A.095.

PageSigned 27by ofGovernor 27March SB002710.10030, -2022. 1172 - XXXX GA

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