Kentucky 2022 Regular Session Status: Enacted 1 R cosponsors

SB 224 — AN ACT relating to retirement funds of urban-county governments and declaring an emergency.

Last action — signed by Governor (Acts Ch. 140)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 25, 2022. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amend KRS 67A.360 to define "surviving spouse" for purposes of surviving spouse benefits under the urban-county government police and fire pension fund; modify the name of the fund to be gender neutral; make a conforming amendment; amend KRS 67A.345, 67A.370, and 67A.655 to conform due to changing the name of the urban-county government police and fire pension fund; amend KRS 67A.430 to provide that salary shall be credited to an urban-county government police and fire pension fund member's account for periods when the member's salary is reduced due to receipt of worker's compensation provided the member makes the appropriate employee contributions on the salary that would have been paid; require the urban-county government to make employer contributions on the salary credited if the member elects to make contributions; amend KRS 67A.460 to prohibit a retired urban-county government police and fire pension fund who has retired on disability to revert back to a service retirement; amend KRS 67A.480 to require certification of occupational disability by licensed physicians hired by the urban-county government police and fire pension in situations where the member is applying for occupational disability benefits; amend KRS 67A.320 to authorize the mayor with consent of the legislative body to appoint members to the closed city employees' pension plan for elected positions on the board if no members of the closed plan are available or willing to serve on the fund; RETROACTIVE; EMERGENCY; EFFECTIVE July 1, 2022.

Bill Text

What changed in the latest version

319 added · 430 removed

319 line(s) added, 430 removed.

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UNOFFICIAL COPY 22 RS SB 224/GA AN ACT relating to retirement funds of urban-county governments and declaring an emergency.
CHAPTER 140 1 CHAPTER 140 ( SB 224 ) AN ACT relating to retirement funds of urban-county governments and declaring an emergency.
Urban-County Government";
Urban- County Government";
(8) "Membership service" shall mean service rendered on or after the date of Page 1 of 15 SB022410.100 - 1667 - XXXX GA UNOFFICIAL COPY 22 RS SB 224/GA establishment of the fund or the fund of a city existing within the boundaries of the government immediately prior to the establishment of an urban-county government;
(8) "Membership service" shall mean service rendered on or after the date of establishment of the fund or the fund of a city existing within the boundaries of the government immediately prior to the establishment of an urban- county government;
(16) "Total disability" shall mean a disability which substantially precludes a person from performing with reasonable regularity the substantial and material parts of any gainful work or occupation in the service of the department that he would be competent to perform were it not for the fact that the impairment is founded upon conditions which render it reasonably certain that it will continue indefinitely;
(16) "Total disability" shall mean a disability which substantially precludes a person from performing with reasonable regularity the substantial and material parts of any gainful work or occupation in the service of the Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY department that he would be competent to perform were it not for the fact that the impairment is founded upon conditions which render it reasonably certain that it will continue indefinitely;
Page 2 of 15 SB022410.100 - 1667 - XXXX GA UNOFFICIAL COPY 22 RS SB 224/GA (17) "Minor child" includes, as applicable, a child under the age of twenty-three (23) still engaged in full-time education;
(17) "Minor child" includes, as applicable, a child under the age of twenty-three (23) still engaged in full-time education;
(1) All members of the [policemen's and firefighters' retirement ]fund[ of the urban- county government,] operated pursuant to KRS 67A.360 to 67A.690, and all members of the urban-county government city employees pension fund who retired Page 3 of 15 SB022410.100 - 1667 - XXXX GA UNOFFICIAL COPY 22 RS SB 224/GA prior to July 1, 1999, and who did not terminate their participation in the group health insurance plan provided by the urban-county government before that date, and all members who retire on or after July 1, 1999, or who withdrew from service on a certificate prior to September 18, 2002, or who withdraw on a certificate as provided by KRS 67A.410(3)(a) or (b), shall continue to be eligible to participate, at the member's cost, in a group health insurance plan approved by the urban-county council for such retirees.
(1) All members of the [policemen's and firefighters' retirement ]fund[ of the urban-county government,] operated pursuant to KRS 67A.360 to 67A.690, and all members of the urban-county government city employees pension fund who retired prior to July 1, 1999, and who did not terminate their participation in the group health insurance plan provided by the urban-county government before that date, and all members who retire on or after July 1, 1999, or who withdrew from service on a certificate prior to September 18, 2002, or who withdraw on a certificate as provided by KRS 67A.410(3)(a) or (b), shall continue to be eligible to participate, at the member's cost, in a group health insurance plan approved by the urban-county council for such retirees.
Page 4 of 15 SB022410.100 - 1667 - XXXX GA UNOFFICIAL COPY 22 RS SB 224/GA (4) Benefits shall be available under this section to members of the [policemen's and firefighters' retirement ]fund operated pursuant to KRS 67A.360 to 67A.690 who:
(4) Benefits shall be available under this section to members of the [policemen's and firefighters' retirement ]fund operated pursuant to KRS 67A.360 to 67A.690 who:
(a) Prior to September 18, 2002, withdrew from service on a certificate when they attain the age of forty-six (46) years if, at the time they withdrew from service, they elected to participate in the group health insurance plan coverage provided pursuant to subsection (1) of this section upon attaining age forty-six (46);
(a) Prior to September 18, 2002, withdrew from service on a certificate when they attain the age of forty- six (46) years if, at the time they withdrew from service, they elected to participate in the group health insurance plan coverage provided pursuant to subsection (1) of this section upon attaining age forty-six (46);
(b) Withdraw on a certificate entitling them to a pension benefit at the age of forty-one (41) as provided by KRS 67A.410(3)(a) if, at the time they withdraw from service, they elect to participate in the group health insurance plan coverage provided pursuant to subsection (1) of this section upon attaining age forty-one (41);
CHAPTER 140 3 (b) Withdraw on a certificate entitling them to a pension benefit at the age of forty-one (41) as provided by KRS 67A.410(3)(a) if, at the time they withdraw from service, they elect to participate in the group health insurance plan coverage provided pursuant to subsection (1) of this section upon attaining age forty-one (41);
Page 5 of 15 SB022410.100 - 1667 - XXXX GA UNOFFICIAL COPY 22 RS SB 224/GA Section 3.
Section 3.
All new employees who would have been granted membership in the [policemen's and firefighter's retirement ]fund[ of the urban- county government] shall be members of the County Employees Retirement System.
All new employees who would have been granted membership in the [policemen's and firefighter's retirement ]fund[ of the urban-county government] shall be members of the County Employees Retirement System.
The urban- county government shall have the right to use assets in the local pension fund, other than those assets, as determined by actuarial valuation, necessary to pay benefits to the Page 6 of 15 SB022410.100 - 1667 - XXXX GA UNOFFICIAL COPY 22 RS SB 224/GA remaining active members of the local retirement fund and retirees and their survivors, to assist in the payment of the annual installment cost of alternate participation.
The urban-county government shall have the right to use assets in the local pension fund, other than those assets, as determined by actuarial valuation, necessary to pay benefits to the remaining active members of the local retirement fund and retirees and their survivors, to assist in the payment of the annual installment cost of alternate participation.
(c) Fractional periods of service shall be considered in the calculation of such annuities according to the rate provided by paragraph (a) or (b) of this subsection, based upon the participation date of the member.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (c) Fractional periods of service shall be considered in the calculation of such annuities according to the rate provided by paragraph (a) or (b) of this subsection, based upon the participation date of the member.
Page 7 of 15 SB022410.100 - 1667 - XXXX GA UNOFFICIAL COPY 22 RS SB 224/GA 2.
2.
Page 8 of 15 SB022410.100 - 1667 - XXXX GA UNOFFICIAL COPY 22 RS SB 224/GA (a) Fifty percent (50%) of the member's last rate of salary if the member's rate of disability is less than twenty percent (20%) and the disablement is the direct result of documented occupational injuries for service to the department that occurred on or after July 1, 2013;
(a) Fifty percent (50%) of the member's last rate of salary if the member's rate of disability is less than twenty percent (20%) and the disablement is the direct result of documented occupational injuries for service to the department that occurred on or after July 1, 2013;
Page 9 of 15 SB022410.100 - 1667 - XXXX GA UNOFFICIAL COPY 22 RS SB 224/GA (b) Effective July 1, 2022, any member who is approved by the board to convert a service retirement to a disability retirement shall be precluded from requesting to revert back to a service retirement.
CHAPTER 140 5 (b) Effective July 1, 2022, any member who is approved by the board to convert a service retirement to a disability retirement shall be precluded from requesting to revert back to a service retirement.
(3) If upon consideration of the report of such physicians as provided by subsections (1) and (2) of this section and such other evidence as shall have been presented to it by the member or others interested therein, the board finds the member to be totally and permanently disabled, it shall grant him a disability retirement annuity upon written certification that the member has been separated from the service of the government because of total disability of such nature as to reasonably prevent further service for the employer, and as a consequence is not entitled to Page 10 of 15 SB022410.100 - 1667 - XXXX GA UNOFFICIAL COPY 22 RS SB 224/GA compensation from the government.
(3) If upon consideration of the report of such physicians as provided by subsections (1) and (2) of this section and such other evidence as shall have been presented to it by the member or others interested therein, the board finds the member to be totally and permanently disabled, it shall grant him a disability retirement annuity upon written certification that the member has been separated from the service of the government because of total disability of such nature as to reasonably prevent further service for the employer, and as a consequence is not entitled to compensation from the government.
Within six (6) months after the effective date of the urban-county form of government, or within six (6) months after June 21, 1974, whichever shall be later, the trustees of the board shall, at the expense of the pension fund, provide for the performance of an actuarial valuation, which shall be completed within six (6) months thereafter, and shall describe the amounts necessary to be contributed by the urban-county government or other sources to fund on an actuarially sound basis the benefits promised or described in the fund, including any payments required to bring the fund to an actuarially sound position if it was not so at the time of the performance Page 11 of 15 SB022410.100 - 1667 - XXXX GA UNOFFICIAL COPY 22 RS SB 224/GA of the valuation.
Within six (6) months after the effective date of the urban- county form of government, or within six (6) months after June 21, 1974, whichever shall be later, the trustees of the board shall, at the expense of the pension fund, provide for the performance of an actuarial valuation, which shall be completed within six (6) months thereafter, and shall describe the amounts necessary to be contributed by the urban-county government or other sources to fund on an actuarially sound basis the benefits promised or described in the fund, including any payments required to bring the fund to an actuarially sound position if it was not so at the time of the performance of the valuation.
However, the urban-county government shall continue to withhold federal and state income taxes based upon these contributions and hold them in a separate account until the Internal Revenue Service or the federal courts rule that, pursuant to Section 414(h) of the United States Internal Revenue Code, these contributions shall not be included as gross income of the employee until such time as the contributions are distributed or made available to the employee.
However, the urban-county government shall continue to withhold federal and state income taxes based upon Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY these contributions and hold them in a separate account until the Internal Revenue Service or the federal courts rule that, pursuant to Section 414(h) of the United States Internal Revenue Code, these contributions shall not be included as gross income of the employee until such time as the contributions are distributed or made available to the employee.
The employee shall have no option to receive the contributed amounts directly instead of having them paid by Page 12 of 15 SB022410.100 - 1667 - XXXX GA UNOFFICIAL COPY 22 RS SB 224/GA the urban-county government to the fund.
The employee shall have no option to receive the contributed amounts directly instead of having them paid by the urban-county government to the fund.
Trustees from the pension fund board shall consist of the mayor, four (4) members of the legislative body of the urban-county government selected by the legislative body, the secretary of the Finance and Administration Cabinet, the director of the Division of Personnel, and three (3) civil service employees or retirees to be elected to the board by those employees and retirees covered by the employees' pension fund.
Trustees from the pension fund board shall consist of the mayor, four (4) members of the legislative body of the urban- county government selected by the legislative body, the secretary of the Finance and Administration Cabinet, the director of the Division of Personnel, and three (3) civil service employees or retirees to be elected to the board by those employees and retirees covered by the employees' pension fund.
(7) The trustees of the pension fund shall, at least once every three (3) months, report in writing to the mayor the receipts, expenditures, and financial status of the pension Page 13 of 15 SB022410.100 - 1667 - XXXX GA UNOFFICIAL COPY 22 RS SB 224/GA fund, stating the places of deposit of funds, or the character of investments made, and the mayor shall cause copies of the report to be posted in at least three (3) places where urban-county employees frequent and report.
(7) The trustees of the pension fund shall, at least once every three (3) months, report in writing to the mayor the receipts, expenditures, and financial status of the pension fund, stating the places of deposit of funds, or the character of investments made, and the mayor shall cause copies of the report to be posted in at least three (3) places where urban-county employees frequent and report.
Within thirty (30) days following the distribution of residual Page 14 of 15 SB022410.100 - 1667 - XXXX GA UNOFFICIAL COPY 22 RS SB 224/GA assets, the board of trustees of the fund shall as its last act file a complete report with the legislative body of the urban-county government of the actions taken to terminate the fund and liquidate residual assets of the fund.
Within thirty (30) days following the distribution of residual assets, the board of trustees of the fund shall as its last act file a complete report with the legislative body of the urban-county government of the actions taken to terminate the fund and liquidate residual assets of the fund.
Section 9.
CHAPTER 140 7 Section 9.
Page 15 of 15 SB022410.100 - 1667 - XXXX GA
Signed by Governor April 8, 2022.
Legislative Research Commission PDF Version
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Action History

  1. signed by Governor (Acts Ch. 140)

  2. delivered to Governor

  3. enrolled, signed by Speaker of the House

  4. enrolled, signed by President of the Senate

  5. received in Senate

  6. 3rd reading, passed 98-0

  7. posted for passage in the Consent Orders of the Day for Wednesday, March 30, 2022

  8. returned to Rules

  9. taken from the Orders of the Day

  10. posted for passage in the Regular Orders of the Day for Friday, March 25, 2022

  11. 2nd reading, to Rules

  12. reported favorably, 1st reading, to Calendar

  13. to Local Government (H)

  14. to Committee on Committees (H)

  15. received in House

  16. 3rd reading, passed 36-0

  17. posted for passage in the Regular Orders of the Day for Tuesday, March 15, 2022

  18. 2nd reading, to Rules as a consent bill

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

  20. to State & Local Government (S)

  21. to Committee on Committees (S)

  22. introduced in Senate

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 137 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (137)

137 members have not signed on to this bill.

Show all 137 →

"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

No Motion Provided

Passed 98 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 52000
Unaffiliated 37000
Democrat 9000
Total 98000
% of votes cast 100%0%0%0%
How each member voted (98)
Member Party Vote
Santoro — Yea
Fischer — Yea
Jenkins — Yea
Scott — Yea
Bechler — Yea
Bentley — Yea
Minter — Yea
Sheldon — Yea
Smith — Yea
Flood — Yea
Nemes — Yea
Koenig — Yea
Palumbo — Yea
Thomas — Yea
Pratt — Yea
Timoney — Yea
Graham — Yea
Prunty — Yea
Cantrell — Yea
Raymond — Yea
Hatton — Yea
Massey — Yea
Webber — Yea
Dixon — Yea
Heath — Yea
Donohue — Yea
McCoy — Yea
Westrom — Yea
Rowland — Yea
Wheatley — Yea
DuPlessis — Yea
Meredith — 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
George Brown Jr. Democrat Yea
Keturah J. Herron 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
Adam Bowling 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 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
Michael Sarge Pollock Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges 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
Timmy Truett Republican Yea
William Lawrence Republican Yea

Official roll call →

PASS SB 224

Passed 36 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 17000
Republican 17000
Democrat 2000
Total 36000
% of votes cast 100%0%0%0%
How each member voted (36)
Member Party Vote
Alvarado — Yea
Parrett — Yea
Thomas — Yea
Hornback — Yea
Turner — Yea
Schickel — Yea
Schroder — Yea
McGarvey — Yea
Smith — Yea
Westerfield — Yea
Embry — Yea
Meredith — Yea
Southworth — Yea
Nemes — Yea
Thayer — Yea
Yates — Yea
Harper Angel — 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
Donald Douglas Republican Yea
Jared Carpenter Republican Yea
Jason Howell 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 →

Subjects

finance 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

What does SB 224 do?
Amend KRS 67A.360 to define "surviving spouse" for purposes of surviving spouse benefits under the urban-county government police and fire pension fund; modify the name of the fund to be gender neutral; make a conforming amendment; amend KRS 67A.345, 67A.370, and 67A.655 to conform due to changing the name of the urban-county government police and fire pension fund; amend KRS 67A.430 to provide that salary shall be credited to an urban-county government police and fire pension fund member's account for periods when the member's salary is reduced due to receipt of worker's compensation provided the member makes the appropriate employee contributions on the salary that would have been paid; require the urban-county government to make employer contributions on the salary credited if the member elects to make contributions; amend KRS 67A.460 to prohibit a retired urban-county government police and fire pension fund who has retired on disability to revert back to a service retirement; amend KRS 67A.480 to require certification of occupational disability by licensed physicians hired by the urban-county government police and fire pension in situations where the member is applying for occupational disability benefits; amend KRS 67A.320 to authorize the mayor with consent of the legislative body to appoint members to the closed city employees' pension plan for elected positions on the board if no members of the closed plan are available or willing to serve on the fund; RETROACTIVE; EMERGENCY; EFFECTIVE July 1, 2022.
Who sponsors SB 224?
SB 224 is sponsored by Donald Douglas (Republican).
What is the current status of SB 224?
This bill has been enacted into law. Introduced February 25, 2022. Enacted.
Where can I track SB 224?
Track SB 224 free on One Click Politics — get push/email alerts when it moves.

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