Kentucky 2024 Regular Session Status: Enacted 1 R cosponsors

HB 99 — AN ACT relating to the Kentucky Public Pensions Authority.

Last action — signed by Governor (Acts Ch. 55)

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

This bill has been enacted into law. Introduced January 03, 2024. Enacted.

Signed by Governor Andy Beshear (Democratic) on April 04, 2024.

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 various sections of KRS Chapters 16, 61, and 78 to make technical and housekeeping changes relating to the Kentucky Public Pensions Authority's (KPPA) administration of the systems governed by the Kentucky Retirement Systems and the County Employees Retirement System boards of trustees, including: amend KRS 61.505 to rename the position of internal auditor to chief auditor and conform with prior legislation; amend KRS 16.505, 61.510, and 78.510 to make various changes and additions to definitions; repeal, reenact, and amend KRS 16.652, 61.546, and 61.692 in response to a Kentucky Supreme Court decision and make technical changes; amend KRS 61.525 and 78.540 to remove outdated language and comply with federal law regarding membership in the retirement plan; amend KRS 61.552 to require Tier 3 members to remit employee contributions before receiving military service credit; amend KRS 61.569 to provide process for repayment of employee contributions after a member's employment is reinstated by order of a court or tribunal; amend KRS 61.615 to permit KPPA to employ vocational experts to review and evaluate employment information in disability review cases and remove review of physical exertion requirement when disability is due solely to a mental illness; amend KRS 61.625 regarding procedures for members who receive a refund in error or who have taken a refund and subsequently have their reemployment reinstated; amend KRS 61.637 and 78.5540 to conform to the process for repayment of employee contributions after a member's employment is reinstated by order of a court or tribunal; amend KRS 61.645 and 78.782 to permit voting by telephone in trustee elections and extend deadline for posting board minutes from 72 hours to three business days; amend KRS 61.665 to change the process for the review of disability applications to permit one medical examiner to review initial applications and approve a member for disability with no additional reviews required, but if disability is denied, implement up to two more examiners to achieve majority consensus for approval or disapproval of disability; amend KRS 61.705 and 78.5538 to provide that the death benefit of $5,000 is payable to a beneficiary of the member, not the member, and is not subject to garnishment, unless the beneficiary is the member's estate or there is an overpayment of benefits or outstanding balance owed to the system; amend KRS 61.685, 61.702, 78.530, 78.5528, 78.5536, 78.640, and 78.852 to make conforming and technical changes.

Bill Text

What changed in the latest version

4322 added · 6013 removed

Plain-language change summary

The recent amendment to HB 99 adds the official designation of the Kentucky Public Pensions Authority and clarifies its responsibilities in managing the state's retirement systems. Key updates include a detailed description of the Authority’s duties, such as maintaining a single personnel system, handling financial operations, and providing legal services. This clarification is important as it ensures that the Authority has a clear mandate, which could lead to more efficient administration of pension benefits for state and county employees.

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UNOFFICIAL COPY 24 RS HB 99/GA AN ACT relating to the Kentucky Public Pensions Authority.
CHAPTER 55 1 CHAPTER 55 ( HB 99 ) AN ACT relating to the Kentucky Public Pensions Authority.
All administrative actions, orders, decisions, and determinations necessary to carry out benefit functions required by the Kentucky Retirement Systems and the County Employees[Employment] Retirement System statutes, including but not limited to administration of reduced and unreduced retirement benefits, disability retirement, reemployment after retirement, service purchases, computation of sick- Page 1 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA leave credit costs, correction of system records, qualified domestic relations orders, and pension spiking determinations;
All administrative actions, orders, decisions, and determinations necessary to carry out benefit functions required by the Kentucky Retirement Systems and the County Employees[Employment] Retirement System statutes, including but not limited to administration of reduced and unreduced retirement benefits, disability retirement, reemployment after retirement, service purchases, computation of sick-leave credit costs, correction of system records, qualified domestic relations orders, and pension spiking determinations;
(b) The chair of the County Employees Retirement System board of trustees;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) The chair of the County Employees Retirement System board of trustees;
(c) The investment committee chair of the Kentucky Retirement Systems board of trustees, unless the investment committee chair is also the chair of the Page 2 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA board of trustees in which case the chair of the Kentucky Retirement Systems shall appoint an individual who serves on the investment committee;
(c) The investment committee chair of the Kentucky Retirement Systems board of trustees, unless the investment committee chair is also the chair of the board of trustees in which case the chair of the Kentucky Retirement Systems shall appoint an individual who serves on the investment committee;
Page 3 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA (e) To purchase fiduciary liability insurance;
(e) To purchase fiduciary liability insurance;
(6) Kentucky Public Pensions Authority members who do not otherwise receive a salary from the State Treasury shall receive a per diem of eighty dollars ($80) for each day they are in session or on official duty, and they shall be reimbursed for Page 4 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA their actual and necessary expenses in accordance with state administrative regulations and standards, except that the members shall not receive a per diem or receive reimbursements on the same day they receive a per diem or reimbursements for service to the Kentucky Retirement Systems board of trustees or County Employees Retirement Systems board of trustees.
(6) Kentucky Public Pensions Authority members who do not otherwise receive a salary from the State Treasury shall receive a per diem of eighty dollars ($80) 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, except that the members shall not receive a per diem or receive reimbursements on the same day they receive a per diem or reimbursements for service to the Kentucky Retirement Systems board of trustees or County Employees Retirement Systems board of trustees.
(7) (a) The Authority 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 executive director of the Authority.
CHAPTER 55 3 (7) (a) The Authority 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 executive director of the Authority.
Page 5 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA 3.
3.
(c) Effective April 1, 2021, the Kentucky Public Pensions Authority shall assume Page 6 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA responsibility of administering the staff of the Kentucky Retirement Systems in order to provide the services established by this section.
(c) Effective April 1, 2021, the Kentucky Public Pensions Authority shall assume responsibility of administering the staff of the Kentucky Retirement Systems in order to provide the services established by this section.
The Authority shall authorize the executive director to appoint up to six (6) unclassified employees of the Office of Investments subject to the compensation ranges and terms of employment the Authority has established.
The Authority shall authorize the executive director to appoint up to six (6) unclassified employees of the Office of Investments subject to the compensation ranges and terms of employment the Authority has Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY established.
(f) The Authority shall require the executive director and the employees as it thinks proper to execute bonds for the faithful performance of their duties Page 7 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA notwithstanding the limitations of KRS Chapter 62.
(f) The Authority shall require the executive director and the employees as it thinks proper to execute bonds for the faithful performance of their duties notwithstanding the limitations of KRS Chapter 62.
Until June 30, 2024, any additional ongoing annual administrative and investment expenses that occur after the establishment of a separate County Employees Page 8 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA Retirement System board and the Kentucky Public Pensions Authority that are determined by the Authority to be a direct result of establishing a separate County Employees Retirement System board and the Kentucky Public Pensions Authority shall be paid by the County Employees Retirement System.
Until June 30, 2024, any additional ongoing annual administrative and investment expenses that occur after the establishment of a separate County Employees Retirement System board and the Kentucky Public Pensions Authority that are determined by the Authority to be a direct result of establishing a separate County Employees Retirement System board and the Kentucky Public Pensions Authority shall be paid by the County Employees Retirement System.
(b) Any other statute to the contrary notwithstanding, authorization for all expenditures relating to the administrative operations of the Kentucky Public Pensions Authority, the Kentucky Retirement Systems, and the County Page 9 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA Employees Retirement System shall be contained in the biennial budget unit request, branch budget recommendation, and the financial plan adopted by the General Assembly pursuant to KRS Chapter 48.
(b) Any other statute to the contrary notwithstanding, authorization for all expenditures relating to the administrative operations of the Kentucky Public Pensions Authority, the Kentucky Retirement Systems, and the County Employees Retirement System shall be contained in the biennial budget unit request, branch budget recommendation, and the financial plan adopted by the General Assembly pursuant to KRS Chapter 48.
(12) (a) An Authority member shall discharge his or her duties as a member of the Authority, including his or her duties as a member of a committee of the Authority:
CHAPTER 55 5 (12) (a) An Authority member shall discharge his or her duties as a member of the Authority, including his or her duties as a member of a committee of the Authority:
One (1) or more officers or employees of the Authority whom the Page 10 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA Authority member honestly believes to be reliable and competent in the matters presented;
One (1) or more officers or employees of the Authority whom the Authority member honestly believes to be reliable and competent in the matters presented;
(g) In discharging his or her administrative duties under this section, an Authority member shall strive to administer the systems in an efficient and cost- effective manner for the taxpayers of the Commonwealth of Kentucky and Page 11 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA shall take all actions available under the law to contain costs for the trusts, including costs for participating employers, members, and retirees.
(g) In discharging his or her administrative duties under this section, an Authority member shall strive to administer the systems 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.
(7) "Accumulated contributions" at any time means the sum of all amounts deducted from the compensation of a member and credited to his or her 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.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (7) "Accumulated contributions" at any time means the sum of all amounts deducted from the compensation of a member and credited to his or her 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.
401(h) within the funds established in KRS 16.510 and 61.515, as Page 12 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA prescribed by KRS 61.702(3)(b);
401(h) within the funds established in KRS 16.510 and 61.515, as prescribed by KRS 61.702(3)(b);
Page 13 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA 3.
3.
If the Page 14 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA member does not have three (3) 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 thirty-six (36) months;
If the member does not have three (3) complete fiscal years that each contain twelve (12) months of service credit, then one (1) or more CHAPTER 55 7 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 thirty-six (36) months;
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;
Page 15 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA (14) "Authorized leave of absence" means any time during which a person is absent from employment but retained in the status of an employee in accordance with the personnel policy of the Department of Kentucky State Police;
(14) "Authorized leave of absence" means any time during which a person is absent from employment but retained in the status of an employee in accordance with the personnel policy of the Department of Kentucky State Police;
Page 16 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA (a) A single act occurring or a single thing done, which, as determined by the board, was required in the performance of the duties specified in KRS 16.060;
(a) A single act occurring or a single thing done, which, as determined by the board, was required in the performance of the duties specified in KRS 16.060;
(a) For a member who begins participating before September 1, 2008, the retirement date declared by a member who is not less than fifty (50) years of age and has fifteen (15) years of service;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (a) For a member who begins participating before September 1, 2008, the retirement date declared by a member who is not less than fifty (50) years of age and has fifteen (15) years of service;
(24) "Current rate of pay" means the member's actual hourly, daily, weekly, biweekly, Page 17 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA 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.
Page 18 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA (31) "Objective medical evidence" means reports of examinations or treatments;
(31) "Objective medical evidence" means reports of examinations or treatments;
(37) "Qualified domestic relations order" means any judgment, decree, or order, including approval of a property settlement agreement, that:
CHAPTER 55 9 (37) "Qualified domestic relations order" means any judgment, decree, or order, including approval of a property settlement agreement, that:
Page 19 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA (39) "Accumulated employer credit" means the employer pay credit deposited to the member's account and interest credited on such amounts as provided by KRS 16.583;
(39) "Accumulated employer credit" means the employer pay credit deposited to the member's account and interest credited on such amounts as provided by KRS 16.583;
or (b) In the case where a member becomes totally and permanently disabled as a direct result of an act in line of duty as defined in this section or becomes disabled as a result of a duty-related injury as defined in KRS 61.621 and is eligible for the benefits provided by KRS 61.621(5)(a), the higher of the member's monthly final rate of pay or the average monthly creditable compensation earned by the disabled member during his or her last twelve (12) months of employment prior to the date the act in line of duty or duty- related injury occurred.
or (b) In the case where a member becomes totally and permanently disabled as a direct result of an act in line of duty as defined in this section or becomes disabled as a result of a duty-related injury as defined in KRS 61.621 and is eligible for the benefits provided by KRS 61.621(5)(a), the higher of the member's monthly final rate of pay or the average monthly creditable compensation earned by the disabled member during his or her last twelve (12) months of employment prior to the date the act in line of duty or duty-related injury occurred.
(1) For members who begin participating in the State Police Retirement System prior to January 1, 2014, it is hereby declared that in consideration of the contributions by Page 20 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA the member, and in further consideration of benefits received by the state from the member's employment, KRS 16.510 to 16.645 shall, except as provided in KRS 6.696, constitute an inviolable contract of the Commonwealth, and the benefits provided therein shall not be subject to reduction or impairment by alteration, amendment or repeal[, except:
(1) For members who begin participating in the State Police Retirement System prior to January 1, 2014, it is hereby declared that in consideration of the contributions by the member, and in further consideration of benefits received by the state from the member's employment, KRS 16.510 to 16.645 shall, except as provided in KRS 6.696, constitute an inviolable contract of the Commonwealth, and the benefits provided therein shall not be subject to reduction or impairment by alteration, amendment or repeal[, except:
(3) The provisions of this section shall not be construed to limit the General Assembly's authority to amend, reduce, or suspend the benefits and rights of members of the State Police Retirement System as provided by KRS 16.505 to 16.652 that the Page 21 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA General Assembly had the authority to amend, reduce, or suspend, prior to July 1, 2013.
(3) The provisions of this section shall not be construed to limit the General Assembly's authority to amend, reduce, or suspend the benefits and rights of members of the State Police Retirement System as provided by Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY KRS 16.505 to 16.652 that the General Assembly had the authority to amend, reduce, or suspend, prior to July 1, 2013.
(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.
(8) "Member" means any employee who is included in the membership of the system Page 22 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA or any former employee whose membership has not been terminated under KRS 61.535;
(8) "Member" means any employee who is included in the membership of the system or any former employee whose membership has not been terminated under KRS 61.535;
For members who begin participating on or after September 1, Page 23 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA 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 26 U.S.C.
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);
For members of the General Assembly, it shall mean all amounts which are includable on the CHAPTER 55 11 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);
Lump-sum payments for creditable compensation paid as a result of an order of a court of competent jurisdiction, the Personnel Board, or the Kentucky Commission on Human Rights, or for any creditable compensation paid in anticipation of settlement of an action before a Page 24 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA court of competent jurisdiction, the Personnel Board, or the Kentucky 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.
Lump-sum payments for creditable compensation paid as a result of an order of a court of competent jurisdiction, the Personnel Board, or the Kentucky 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 Kentucky 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.
(a) For a member who begins participating before September 1, 2008, who is Page 25 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA 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 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 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;
(c) For a member who begins participating before September 1, 2008, who is employed in a hazardous position, as provided in KRS 61.592, the creditable compensation of the member during the three (3) fiscal years he or she was paid at the highest average monthly rate divided by the number of months of service credit during that three (3) year period multiplied by twelve (12).
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (c) For a member who begins participating before September 1, 2008, who is employed in a hazardous position, as provided in KRS 61.592, the creditable compensation of the member during the three (3) fiscal years he or she was paid at the highest average monthly rate divided by the number of months of service credit during that three (3) year period multiplied by twelve (12).
If the number of months of service credit during the three (3) year period is less than twenty- Page 26 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA 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;
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The rate shall be certified to the system by the employer and the following equivalents shall be used to convert the Page 27 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA rate to an annual rate:
The rate shall be certified to the system by the employer and the following equivalents shall be used to convert the rate to an annual rate:
(21) "Regular full-time positions," as used in subsection (5) of this section, shall mean Page 28 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA all positions that average one hundred (100) or more hours per month determined by using the number of months actually worked within a calendar or fiscal year, including all positions except:
(21) "Regular full-time positions," as used in subsection (5) of this section, shall mean all positions that average one hundred (100) or more hours per month determined by using the number of months actually worked within a calendar or fiscal year, including all positions except:
1.
CHAPTER 55 13 1.
(22) "Vested" for purposes of determining eligibility for purchasing service credit under KRS 61.552 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 Page 29 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA of sixty-five (65).
(22) "Vested" for purposes of determining eligibility for purchasing service credit under KRS 61.552 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).
(28) "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 but that may be Page 30 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA converted to a dollar value for purposes of KRS 61.565(1)(d).
(28) "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 but that may be converted to a dollar value for purposes of KRS 61.565(1)(d).
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;
(33) "Objective medical evidence" means reports of examinations or treatments;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (33) "Objective medical evidence" means reports of examinations or treatments;
Page 31 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA (35) "Month" means a calendar month;
(35) "Month" means a calendar month;
(a) For members who began participating in the system prior to January 1, 2014, Page 32 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA the member's accumulated contributions;
(a) For members who began participating in the system prior to January 1, 2014, the member's accumulated contributions;
(45) "Monthly average pay" means:
CHAPTER 55 15 (45) "Monthly average pay" means:
(a) In the case of a member who dies as a direct result of an act in line of duty as defined in KRS 16.505 or who dies as a result of a duty-related injury as defined in KRS 61.621, the higher of the member's monthly final rate of pay Page 33 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA or the average monthly creditable compensation earned by the deceased member during his or her last twelve (12) months of employment;
(a) In the case of a member who dies as a direct result of an act in line of duty as defined in KRS 16.505 or who dies as a result of a duty-related injury as defined in KRS 61.621, the higher of the member's monthly final rate of pay or the average monthly creditable compensation earned by the deceased member during his or her last twelve (12) months of employment;
or (b) In the case where a member becomes totally and permanently disabled as a direct result of an act in line of duty as defined in KRS 16.505 or becomes disabled as a result of a duty-related injury as defined in KRS 61.621 and is eligible for the benefits provided by KRS 61.621(5)(a), the higher of the member's monthly final rate of pay or the average monthly creditable compensation earned by the disabled member during his or her last twelve (12) months of employment prior to the date the act in line of duty or duty- related injury occurred;
or (b) In the case where a member becomes totally and permanently disabled as a direct result of an act in line of duty as defined in KRS 16.505 or becomes disabled as a result of a duty-related injury as defined in KRS 61.621 and is eligible for the benefits provided by KRS 61.621(5)(a), the higher of the member's monthly final rate of pay or the average monthly creditable compensation earned by the disabled member during his or her last twelve (12) months of employment prior to the date the act in line of duty or duty-related injury occurred;
and (50) "Gainful employment" means work in any capacity that is or may be performed with regularity and is or may be usually done for pay, whether pay is received or Page 34 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA not received, including seasonal, volunteer, part-time, and on-call work.
and (50) "Gainful employment" means work in any capacity that is or may be performed with regularity and is or may be usually done for pay, whether pay is received or not received, including seasonal, volunteer, part- time, and on-call work.
(3) "County" means any county, or nonprofit organization created and governed by a county, counties, or elected county officers, sheriff and his or her employees, county clerk and his or her employees, circuit clerk and his or her deputies, former circuit clerks or former circuit clerk deputies, or political subdivision or instrumentality, including school boards, cities, charter county governments, urban- county governments, consolidated local governments, or unified local governments participating in the system by order appropriate to its governmental structure, as provided in KRS 78.530, and if the board is willing to accept the agency, organization, or corporation, the board being hereby granted the authority to determine the eligibility of the agency to participate;
(3) "County" means any county, or nonprofit organization created and governed by a county, counties, or elected county officers, sheriff and his or her employees, county clerk and his or her employees, circuit clerk and his or her deputies, former circuit clerks or former circuit clerk deputies, or political subdivision or instrumentality, including school boards, cities, charter county governments, urban-county governments, consolidated local governments, or unified local governments participating in the system by order appropriate to its governmental structure, as provided in KRS 78.530, and if the board is willing to accept the agency, organization, or corporation, the board being hereby granted the authority to determine the eligibility of the agency to participate;
(6) "Employee" means every regular full-time appointed or elective officer or employee of a participating county and the coroner of a participating county, Page 35 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA whether or not he or she qualifies as a regular full-time officer.
(6) "Employee" means every regular full-time appointed or elective officer or employee of a participating county and the coroner of a participating county, whether or not he or she qualifies as a regular full-time officer.
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- Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY time workers.
"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.
Page 36 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA 401(h) within the fund established in KRS 78.520, as prescribed by KRS 78.5536(3)(b);
401(h) within the fund established in KRS 78.520, as prescribed by KRS 78.5536(3)(b);
Lump-sum payments for creditable compensation paid as a result of an order of a court of competent jurisdiction, the Personnel Board, or the Kentucky 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 Kentucky Page 37 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA 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.
Lump-sum payments for creditable compensation paid as a result of an order of a court of competent jurisdiction, the Personnel Board, or the Kentucky 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 Kentucky 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.
and (c) Excludes:
and CHAPTER 55 17 (c) Excludes:
Page 38 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA (14) "Final compensation" means:
(14) "Final compensation" means:
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;
If the number of months of service credit during the three (3) year period is less than Page 39 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA 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;
The rate shall be Page 40 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA certified to the system by the employer and the following equivalents shall be used to convert the rate to an annual rate:
The rate shall be certified to the system by the employer and the following equivalents shall be used to convert the rate to an annual rate:
two thousand eighty (2,080) hours for eight (8) hour workdays, one thousand nine hundred fifty (1,950) hours for seven and one- half (7.5) hour workdays, two hundred sixty (260) days, fifty-two (52) weeks, twelve (12) months, one (1) year;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY two thousand eighty (2,080) hours for eight (8) hour workdays, one thousand nine hundred fifty (1,950) hours for seven and one-half (7.5) hour workdays, two hundred sixty (260) days, fifty-two (52) weeks, twelve (12) months, one (1) year;
The "fiscal year" shall be the Page 41 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA limitation year used to determine contribution and benefits limits as set out in 26 U.S.C.
The "fiscal year" shall be the limitation year used to determine contribution and benefits limits as set out in 26 U.S.C.
Page 42 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA (d) Probationary positions which are positions of employment with a participating employer that do not exceed twelve (12) months and that are used uniformly by the participating agency on new employees who would otherwise be eligible for participation in the system.
(d) Probationary positions which are positions of employment with a participating employer that do not exceed twelve (12) months and that are used uniformly by the participating agency on new employees who would otherwise be eligible for participation in the system.
(22) "Alternate participation plan" means a method of participation in the system as provided for by KRS 78.530(3);
CHAPTER 55 19 (22) "Alternate participation plan" means a method of participation in the system as provided for by KRS 78.530(3);
Page 43 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA (26) "Recipient" means the retired member, the person or persons designated as beneficiary by the member and drawing a retirement allowance as a result of the member's death, or a dependent child drawing a retirement allowance.
(26) "Recipient" means the retired member, the person or persons designated as beneficiary by the member and drawing a retirement allowance as a result of the member's death, or a dependent child drawing a retirement allowance.
and Page 44 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA (b) Relates to the provision of child support, alimony payments, or marital property rights to an alternate payee;
and (b) Relates to the provision of child support, alimony payments, or marital property rights to an alternate payee;
(a) Freely and without pressure or coercion performs hours of service for an employer participating in one (1) of the systems administered by Kentucky Retirement Systems or the County Employees Retirement System without receipt of compensation for services rendered, except for reimbursement of actual expenses, payment of a nominal fee to offset the costs of performing the voluntary services, or both;
(a) Freely and without pressure or coercion performs hours of service for an employer participating in one (1) of the systems administered by Kentucky Retirement Systems or the County Employees Retirement Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY System without receipt of compensation for services rendered, except for reimbursement of actual expenses, payment of a nominal fee to offset the costs of performing the voluntary services, or both;
(40) "Nominal fee" means compensation earned for services as a volunteer that does not Page 45 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA exceed five hundred dollars ($500) per month with each participating employer.
(40) "Nominal fee" means compensation earned for services as a volunteer that does not exceed five hundred dollars ($500) per month with each participating employer.
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;
psychiatric signs which are medically demonstrable phenomena Page 46 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA indicating specific abnormalities of behavior, affect, thought, memory, orientation, or contact with reality;
psychiatric signs which are medically demonstrable phenomena indicating specific abnormalities of behavior, affect, thought, memory, orientation, or contact with reality;
Page 47 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA (50) "Normal retirement age" means the age at which the member meets the requirements for his or her normal retirement date as provided by subsection (18) of this section;
CHAPTER 55 21 (50) "Normal retirement age" means the age at which the member meets the requirements for his or her normal retirement date as provided by subsection (18) of this section;
or (b) In the case where a member becomes totally and permanently disabled as a direct result of an act in line of duty as defined in KRS 16.505 or becomes disabled as a result of a duty-related injury as defined in KRS 61.621 and is eligible for the benefits provided by KRS 61.621(5)(a), the higher of the member's monthly final rate of pay or the average monthly creditable compensation earned by the disabled member during his or her last twelve (12) months of employment prior to the date the act in line of duty or duty- related injury occurred;
or (b) In the case where a member becomes totally and permanently disabled as a direct result of an act in line of duty as defined in KRS 16.505 or becomes disabled as a result of a duty-related injury as defined in KRS 61.621 and is eligible for the benefits provided by KRS 61.621(5)(a), the higher of the member's monthly final rate of pay or the average monthly creditable compensation earned by the disabled member during his or her last twelve (12) months of employment prior to the date the act in line of duty or duty-related injury occurred;
and (55) "Gainful employment" means work in any capacity that is or may be performed with regularity and is or may be usually done for pay, whether pay is received or not received, including seasonal, volunteer, part-time, and on-call work.
and (55) "Gainful employment" means work in any capacity that is or may be performed with regularity and is or may be usually done for pay, whether pay is received or not received, including seasonal, volunteer, part- time, and on-call work.
Page 48 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA Membership in the system shall consist of the following:
Membership in the system shall consist of the following:
(6) All persons who are employees of the Teachers' Retirement System except Page 49 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA employees who are required to participate under the Teachers' Retirement System under KRS 161.220(4)(d);
(6) All persons who are employees of the Teachers' Retirement System except employees who are required to participate under the Teachers' Retirement System under KRS 161.220(4)(d);
(7) Membership in the system shall not include persons who are not eligible to participate in the system as provided by KRS 61.522 or those employees who are simultaneously participating in another state-administered defined benefit plan within Kentucky other than those administered by the Kentucky Retirement Systems, except for employees who have ceased to contribute to one (1) of the state-administered retirement plans as provided in KRS 21.360;
(7) Membership in the system shall not include persons who are not eligible to participate in the system as provided by KRS 61.522 or those employees who are simultaneously participating in another state- administered defined benefit plan within Kentucky other than those administered by the Kentucky Retirement Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY Systems, except for employees who have ceased to contribute to one (1) of the state-administered retirement plans as provided in KRS 21.360;
Page 50 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA (b) The member's sick leave balance, expressed in days, shall be divided by the average number of working days per month in the state service and rounded to the nearest number of whole months.
(b) The member's sick leave balance, expressed in days, shall be divided by the average number of working days per month in the state service and rounded to the nearest number of whole months.
(4) [For a member who began participating in the Kentucky Employees Retirement System or the State Police Retirement System prior to September 1, 2008, who retires on or after July 1, 2023, the service credited for accumulated unused sick Page 51 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA leave and added to the member's service credit shall not be used to determine whether a member is eligible to receive a retirement allowance under any of the provisions of KRS 16.505 to 16.652 and 61.510 to 61.705 or to reduce any applicable actuarial reductions.
(4) [For a member who began participating in the Kentucky Employees Retirement System or the State Police Retirement System prior to September 1, 2008, who retires on or after July 1, 2023, the service credited for accumulated unused sick leave and added to the member's service credit shall not be used to determine whether a member is eligible to receive a retirement allowance under any of the provisions of KRS 16.505 to 16.652 and 61.510 to 61.705 or to reduce any applicable actuarial reductions.
(6)[(7)] This section shall not apply to members who begin participating in the systems administered by Kentucky Retirement Systems on or after January 1, 2014.
CHAPTER 55 23 (6)[(7)] This section shall not apply to members who begin participating in the systems administered by Kentucky Retirement Systems on or after January 1, 2014.
(a) The employee was called to active military duty in the Armed Forces of the Page 52 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA United States:
(a) The employee was called to active military duty in the Armed Forces of the United States:
Any person who is entitled to service credit for employment which was not reported by the employer in accordance with KRS 16.543, 61.543, or 78.615 may obtain credit for the service subject to the provisions of Page 53 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA this subsection.
Any person who is entitled to service credit for employment which was not reported by the employer in accordance with KRS 16.543, 61.543, or 78.615 may obtain credit for the service subject to the provisions of this subsection.
Page 54 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA (f) Contributions payable by the employer under this subsection for omitted service shall be considered delinquent from the date the employee should have been reported and received service credit in accordance with KRS 16.543, 61.543, and 78.615.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (f) Contributions payable by the employer under this subsection for omitted service shall be considered delinquent from the date the employee should have been reported and received service credit in accordance with KRS 16.543, 61.543, and 78.615.
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 Page 55 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA 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.
Between July 1, 1956, in the case of the Kentucky Employees Page 56 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA Retirement System, or July 1, 1958, in the case of the County Employees Retirement System, and the effective date of participation by the employer;
Between July 1, 1956, in the case of the Kentucky Employees Retirement System, or July 1, 1958, in the case of the County Employees Retirement System, and the effective date of participation by the employer;
(b) State university service, provided the university does not participate in a state- administered retirement system and the university service being purchased was in a nonteaching position that did not participate in a defined benefit retirement program;
CHAPTER 55 25 (b) State university service, provided the university does not participate in a state-administered retirement system and the university service being purchased was in a nonteaching position that did not participate in a defined benefit retirement program;
The employee may purchase out-of-state hazardous service under this Page 57 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA subparagraph provided the employee is vested to receive benefits from the State Police Retirement System or hazardous duty benefits from the Kentucky Employees Retirement System or the County Employees Retirement System.
The employee may purchase out- of-state hazardous service under this subparagraph provided the employee is vested to receive benefits from the State Police Retirement System or hazardous duty benefits from the Kentucky Employees Retirement System or the County Employees Retirement System.
(h) Part-time employment in a noncertified position at a school board prior to the Page 58 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA 1990-91 school year which averaged eighty (80) or more hours of work per month on a calendar or fiscal year basis.
(h) Part-time employment in a noncertified position at a school board prior to the 1990-91 school year which averaged eighty (80) or more hours of work per month on a calendar or fiscal year basis.
3.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 3.
A business development corporation created pursuant to KRS 155.001 to 155.230, provided the system receives a favorable private letter ruling from the United States Internal Revenue Service or a favorable opinion Page 59 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA letter from the United States Department of Labor;
A business development corporation created pursuant to KRS 155.001 to 155.230, provided the system receives a favorable private letter ruling from the United States Internal Revenue Service or a favorable opinion letter from the United States Department of Labor;
(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 78.5520.
(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 78.5520.
(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;
If the member does not accrue at least two hundred forty (240) months Page 60 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA of service, excluding service purchased under this subsection, upon retirement, death, or written request following termination, the payment, plus interest as provided in KRS 16.560, 61.575, or 78.640, as applicable, shall be refunded.
If the member does not accrue at least two hundred forty (240) months of service, excluding service purchased under this subsection, upon retirement, death, or written request following termination, the payment, plus interest as provided in KRS 16.560, 61.575, or 78.640, as applicable, shall be refunded.
Page 61 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA (b) A Kentucky Employees Retirement System employer shall pay the cost of the service credit within the fiscal year the election is made to purchase the service credit.
(b) A Kentucky Employees Retirement System employer shall pay the cost of the service credit within the fiscal year the election is made to purchase the service credit.
(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.[;
CHAPTER 55 27 (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.[;
Page 62 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA a.
a.
of this subsection, the cost of the service shall be computed in the same manner as for a lump-sum payment which shall be the principal, except that interest compounded annually at the actuarial rate in effect at the time Page 63 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA the member elects to make the purchase shall be added for the period that the installments are to be made.
of this subsection, the cost of the service shall be computed in the same manner as for a lump-sum payment which shall be the principal, except that interest compounded annually at the actuarial rate in effect at the time the member elects to make the purchase shall be added for the period that the installments are to be made.
6.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 6.
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.
The system shall determine how much of the total cost represents payment for one (1) month of the service to be purchased and shall Page 64 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA credit one (1) month of service to the member's account each time this amount has been paid.
The system shall determine how much of the total cost represents payment for one (1) month of the service to be purchased and shall credit one (1) month of service to the member's account each time this amount has been paid.
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.
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.
Installment payments of employees on military leave or sick leave without pay shall be suspended during the period of leave and shall Page 65 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA resume without recalculation upon the employee's return from leave.
Installment payments of employees on military leave or sick leave without pay shall be suspended during the period of leave and shall resume without recalculation upon the employee's return from leave.
(b) Service purchased on or after August 1, 2004, under the provisions of KRS 16.505 to 16.652, 61.510 to 61.705, or 78.510 to 78.852, except for service purchased under subsections (1) to (3) of this section or service purchased as described by paragraph (d) of this subsection, shall not be used to determine eligibility for or the amount of the monthly insurance contribution under KRS Page 66 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA 61.702 or 78.5536.
(b) Service purchased on or after August 1, 2004, under the provisions of KRS 16.505 to 16.652, 61.510 to 61.705, or 78.510 to 78.852, except for service purchased under subsections (1) to (3) of this section or service purchased as described by paragraph (d) of this subsection, shall not be used to determine eligibility for or the amount of the monthly insurance contribution under KRS 61.702 or 78.5536.
1.
CHAPTER 55 29 1.
Page 67 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA (1) (a) The employer of a reinstated employee who has been ordered reinstated by the Personnel Board under authority of KRS 18A.095 or by court order or by order of the Kentucky[Human Rights] Commission on Human Rights shall deduct from the employee's reinstated creditable compensation and remit[tender] to the system the member contribution the employee[he] would have paid on the creditable compensation the employee[he] would have earned as defined under KRS 18A.105 had the employee[he] not been dismissed.
(1) (a) The employer of a reinstated employee who has been ordered reinstated by the Personnel Board under authority of KRS 18A.095 or by court order or by order of the Kentucky[Human Rights] Commission on Human Rights shall deduct from the employee's reinstated creditable compensation and remit[tender] to the system the member contribution the employee[he] would have paid on the creditable compensation the employee[he] would have earned as defined under KRS 18A.105 had the employee[he] not been dismissed.
Page 68 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA (2) (a) Each recipient of a disability retirement allowance who is engaged in gainful employment shall notify the Authority upon beginning the employment.
(2) (a) Each recipient of a disability retirement allowance who is engaged in gainful employment shall notify the Authority upon beginning the employment.
or 2.
or Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 2.
(3)[(2)] The system may reduce or discontinue a disability retirement allowance if the Authority's[board's] medical examiner determines that a recipient of a disability retirement allowance is, prior to his or her normal retirement date, no longer Page 69 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA incapacitated by the bodily injury, mental illness, or disease for which he or she receives a disability retirement allowance[, the board may reduce or discontinue the retirement allowance].
(3)[(2)] The system may reduce or discontinue a disability retirement allowance if the Authority's[board's] medical examiner determines that a recipient of a disability retirement allowance is, prior to his or her normal retirement date, no longer incapacitated by the bodily injury, mental illness, or disease for which he or she receives a disability retirement allowance[, the board may reduce or discontinue the retirement allowance].
2.[1.]If the medical examiner or vocational expert recommends that the disability retirement allowance be continued, the system shall make retirement payments in accordance with the retirement plan selected by the person.
2.[1.] If the medical examiner or vocational expert recommends that the disability retirement allowance be continued, the system shall make retirement payments in accordance with the retirement plan selected by the person.
a.[2.]If the medical examiner or vocational expert recommends that the Page 70 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA disability retirement allowance be reduced or discontinued, the Authority[system] shall send notice of the recommendation by United States first-class mail to the person's last address on file in the retirement office, by electronic mail to the person's last electronic mail address on file in the retirement office, or by other electronic means.
a.[2.] If the medical examiner or vocational expert recommends that the disability retirement allowance be reduced or discontinued, the Authority[system] shall send notice of the recommendation by United States first-class mail to the person's last address on file in the retirement office, by electronic mail to the person's last electronic mail address on file in the retirement office, or by other electronic means.
b.[a.]The person shall have sixty (60) days from the day that the Authority[system] sent the notice to file at the retirement office additional supporting employment or medical information and certify to the retirement office that the forms and additional supporting employment information or medical information are ready to be evaluated by the medical examiner or vocational expert or to appeal the recommendation of the medical examiner or vocational expert to reduce or discontinue the disability retirement allowance by filing at the retirement office a request for a formal hearing.
b.[a.] The person shall have sixty (60) days from the day that the Authority[system] sent the notice to file at the retirement office additional supporting employment or medical information and certify to the retirement office that the forms and additional supporting employment information or medical information are ready to be evaluated by the medical examiner or vocational expert or to appeal the recommendation of the medical examiner or vocational expert to reduce or discontinue the disability retirement allowance by filing at the retirement office a request for a formal hearing.
c.[b.]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 examiner or vocational expert[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[system] sent the notice of the recommendation by United States first-class mail to the person's last address on file in the retirement office, by electronic mail to the person's last electronic mail address on file in the retirement Page 71 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA office, or by other electronic means.
c.[b.] 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 examiner or vocational expert[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[system] sent the notice of the recommendation by United States first-class mail to the person's last address on file in the retirement office, by electronic mail to the person's last electronic mail address on file in the retirement office, or by other electronic means.
(e) 1.[(d)] The medical examiner shall make a recommendation based upon the evaluation of additional supporting employment and medical information submitted in accordance with paragraph (d)3.b.[(c)2.a.] of this subsection, or the vocational expert shall make a recommendation upon the evaluation of additional supporting employment information submitted in accordance with paragraph (d)3.b.
(e) 1.[(d)]The medical examiner shall make a recommendation based upon the evaluation of additional supporting employment and medical information submitted in accordance with paragraph (d)3.b.[(c)2.a.] of this subsection, or the vocational expert shall make a recommendation upon the evaluation of additional supporting employment information submitted in accordance with paragraph (d)3.b.
2.[1].If the medical examiner or vocational expert recommends that the disability retirement allowance be continued, the system shall make disability retirement payments in accordance with the retirement plan selected by the person.
CHAPTER 55 31 2.[1].
If the medical examiner or vocational expert recommends that the disability retirement allowance be continued, the system shall make disability retirement payments in accordance with the retirement plan selected by the person.
a.[2.]If the medical examiner recommends that the disability retirement allowance be reduced or discontinued based upon the evaluation of additional supporting employment information and medical information, or if the vocational expert recommends that the disability allowance be reduced or discontinued based upon the evaluation of additional supporting employment information, the Authority[the system] shall send notice of this recommendation by United States first-class mail to the person's last address on file in the retirement office, by electronic mail to the person's last electronic mail address on file in the retirement office, or by other electronic means.
a.[2.] If the medical examiner recommends that the disability retirement allowance be reduced or discontinued based upon the evaluation of additional supporting employment information and medical information, or if the vocational expert recommends that the disability allowance be reduced or discontinued based upon the evaluation of additional supporting employment information, the Authority[the system] shall send notice of this recommendation by United States first-class mail to the person's last address on file in the retirement office, by electronic mail to the person's last electronic mail address on file in the retirement office, or by other electronic means.
b.[a.]The person shall have sixty (60) days from the day that the Authority[system] sent the notice of the recommendation to appeal the recommendation to reduce or discontinue the disability retirement allowance by filing at the retirement office a request for formal hearing.
b.[a.] The person shall have sixty (60) days from the day that the Authority[system] sent the notice of the recommendation to appeal the recommendation to reduce or discontinue the disability retirement allowance by filing at the retirement office a request for formal hearing.
Page 72 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA c.[b.]If the person fails or refuses to appeal the recommendation of the medical examiner or vocational expert[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[system] sent the notice of the recommendation by United States first-class mail to the person's last address on file in the retirement office, by electronic mail to the person's last electronic mail address on file in the retirement office, or by other electronic means.
c.[b.] If the person fails or refuses to appeal the recommendation of the medical examiner or vocational expert[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[system] sent the notice of the recommendation by United States first-class mail to the person's last address on file in the retirement office, by electronic mail to the person's last electronic mail address on file in the retirement office, or by other electronic means.
(h)[(g)] A final order of the board shall be based on substantial evidence appearing in the record as a whole and shall set forth the decision of the board Page 73 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA and the facts and law upon which the decision is based.
(h)[(g)] A final order of the board shall be based on substantial evidence appearing in the record as a whole and shall set forth the decision of the board and the facts and law upon which the decision is based.
(j)[(i)] All requests for a hearing pursuant to this section shall be made in writing.
(j)[(i)]All requests for a hearing pursuant to this section shall be made in writing.
(5)[(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.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (5)[(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.
(6)[(5)] Any person aggrieved by a final order of the board may seek judicial review after all administrative appeals have been exhausted by filing a petition for judicial Page 74 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA review in the Franklin Circuit Court in accordance with KRS Chapter 13B.
(6)[(5)] Any person aggrieved by a final order of the board may seek judicial review after all administrative appeals have been exhausted by filing a petition for judicial review in the Franklin Circuit Court in accordance with KRS Chapter 13B.
Bodily injuries, mental illnesses, diseases, or conditions that came into existence after the person's last day of paid employment shall not be considered as a basis for Page 75 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA reinstatement of disability benefits.
Bodily injuries, mental illnesses, diseases, or conditions that came into existence after the person's last day of paid employment shall not be considered as a basis for reinstatement of disability benefits.
Page 76 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA (9)[(8)] No disability retirement allowance shall be reduced or discontinued by the system after the person's normal retirement date except in case of reemployment as provided for by KRS 61.637.
(9)[(8)] No disability retirement allowance shall be reduced or discontinued by the system after the person's normal retirement date except in case of reemployment as provided for by KRS 61.637.
If a disability retirement allowance has been reduced or discontinued, except if the person is reemployed as provided for by KRS 61.637, 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 KRS 61.637, the retirement allowance shall be reinstated upon attainment of the person's normal retirement CHAPTER 55 33 date to the retirement allowance prior to adjustment.
and Page 77 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA 3.
and 3.
and (c) A member's failure to pay the full amount of his or her refunded Page 78 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA accumulated account balance as required under this subsection shall be treated as an overpayment of benefits under Section 15 of this Act.
and (c) A member's failure to pay the full amount of his or her refunded accumulated account balance as required under this subsection shall be treated as an overpayment of benefits under Section 15 of this Act.
(2) Employer and employee contributions shall be made as provided in KRS 61.510 to 61.705 and 78.510 to 78.852 on the compensation paid during reemployment, except where monthly payments were not suspended as provided in subsection (1) of this section or would not increase the retired member's last monthly retirement allowance by at least one dollar ($1), and the member shall be credited with additional service credit.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (2) Employer and employee contributions shall be made as provided in KRS 61.510 to 61.705 and 78.510 to 78.852 on the compensation paid during reemployment, except where monthly payments were not suspended as provided in subsection (1) of this section or would not increase the retired member's last monthly retirement allowance by at least one dollar ($1), and the member shall be credited with additional service credit.
Page 79 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA (b) If the retired member is paid suspended payments retroactively in accordance with this section, employee contributions deducted during his or her period of reemployment, if any, shall be refunded to the retired employee, and no service credit shall be earned for the period of reemployment.
(b) If the retired member is paid suspended payments retroactively in accordance with this section, employee contributions deducted during his or her period of reemployment, if any, shall be refunded to the retired employee, and no service credit shall be earned for the period of reemployment.
The member shall not receive less in benefits as a result of the recomputation than he or she was receiving prior to Page 80 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA reemployment or would receive as determined under KRS 61.691;
The member shall not receive less in benefits as a result of the recomputation than he or she was receiving prior to reemployment or would receive as determined under KRS 61.691;
2.
CHAPTER 55 35 2.
Within twelve (12) months of the date of the final order of the Page 81 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA Personnel Board, the Kentucky Commission on Human Rights, or the court, the member shall repay the system the full amount of his or her retirement allowance payments and health insurance benefits by lump sum or enter into an agreement with the Authority for repayment by installments.
Within twelve (12) months of the date of the final order of the Personnel Board, the Kentucky Commission on Human Rights, or the court, the member shall repay the system the full amount of his or her retirement allowance payments and health insurance benefits by lump sum or enter into an agreement with the Authority for repayment by installments.
If the member is eligible for retirement, the member's service and creditable compensation earned as a result of his or her reemployment shall be used in the calculation of benefits, except that the member's final compensation shall not be less than the final compensation last used in determining his or her Page 82 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA retirement allowance.
If the member is eligible for retirement, the member's service and creditable compensation earned as a result of his or her reemployment shall be used in the calculation of benefits, except that the member's final compensation shall not be less than the final compensation last used in determining his or her retirement allowance.
(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 Page 83 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA 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.
(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.
(12) (a) If a hazardous member who retired prior to age fifty-five (55), or a nonhazardous member who retired prior to age sixty-five (65), is reemployed within six (6) months of the member's termination by the same employer, the member shall obtain from his or her previous and current employers a copy of the job description established by the employers for the position and a statement of the duties performed by the member for the position from which he or she retired and for the position in which he or she has been reemployed.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (12) (a) If a hazardous member who retired prior to age fifty-five (55), or a nonhazardous member who retired prior to age sixty-five (65), is reemployed within six (6) months of the member's termination by the same employer, the member shall obtain from his or her previous and current employers a copy of the job description established by the employers for the position and a statement of the duties performed by the member for the position from which he or she retired and for the position in which he or she has been reemployed.
(13) If the retirement system determines that the retired member has been employed in a position with the same principal duties as the position from which the member Page 84 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA retired:
(13) If the retirement system determines that the retired member has been employed in a position with the same principal duties as the position from which the member retired:
Page 85 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA (15) (a) If a retired member is reemployed at least one (1) month after initial retirement in a different position, or at least six (6) months after initial retirement in the same position, and prior to normal retirement age, the retired member shall contribute to a second member account in the retirement system and continue to receive a retirement allowance from the first member account.
(15) (a) If a retired member is reemployed at least one (1) month after initial retirement in a different position, or at least six (6) months after initial retirement in the same position, and prior to normal retirement age, the retired member shall contribute to a second member account in the retirement system and continue to receive a retirement allowance from the first member account.
(a) If a member is receiving a retirement allowance from one (1) of the systems administered by Kentucky Retirement Systems or County 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 Page 86 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA 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.
(a) If a member is receiving a retirement allowance from one (1) of the systems administered by Kentucky Retirement Systems or County 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 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.
If the member is returning to work in a regular full-time position required to participate in one (1) of the systems administered by Kentucky Retirement Systems:
If the member is returning to work in a CHAPTER 55 37 regular full-time position required to participate in one (1) of the systems administered by Kentucky Retirement Systems:
If a member is reemployed by a participating agency within twelve (12) months of the member's retirement date, the participating agency shall certify in writing on a form prescribed by the Authority that no prearranged agreement existed between the employee and agency prior Page 87 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA to the employee's retirement for the employee to return to work with the participating agency.
If a member is reemployed by a participating agency within twelve (12) months of the member's retirement date, the participating agency shall certify in writing on a form prescribed by the Authority that no prearranged agreement existed between the employee and agency prior to the employee's retirement for the employee to return to work with the participating agency.
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 be required to reimburse the systems for the cost of the health insurance premium paid by the Page 88 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA systems to provide coverage for the retiree, not to exceed the cost of the single premium.
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 be required to reimburse the systems for the cost of the health insurance premium paid by the systems to provide coverage for the retiree, not to exceed the cost of the single premium.
2.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 2.
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 period of at least twelve (12) months following the retired member's Page 89 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA most recent retirement date.
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 period of at least twelve (12) months following the retired member's most recent retirement date.
(e) Notwithstanding any provision of this section, any current or future part-time Page 90 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA 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:
(e) Notwithstanding any provision of this section, any current or future part-time adjunct instructor for the Kentucky Fire Commission who has not participated in the Kentucky Employees Retirement System prior to retirement, but who is otherwise eligible to retire from the County Employees Retirement System, shall not be:
After one (1) month but within twelve (12) months following the member's initial retirement, if the Authority determines the employment Page 91 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/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;[ and] 4.
After one (1) month but within twelve (12) months following the member's initial retirement, if the Authority determines the employment arrangement does not qualify as an independent CHAPTER 55 39 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;[ and] 4.
After twelve (12) months or more following the retired member's retirement date,[] the initiation of a contract or the initial date of the leased employment of a retired member by a participating agency [that occurs after twelve (12) months or more following the retired member's retirement date ]shall not constitute a prearranged agreement under this subsection;
After twelve (12) months or more following the retired member's retirement date,[ ] the initiation of a contract or the initial date of the leased employment of a retired member by a participating agency [that occurs after twelve (12) months or more following the retired member's retirement date ]shall not constitute a prearranged agreement under this subsection;
Page 92 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA (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:
(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 Page 93 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA 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:
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:
or 5.
or Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 5.
and Page 94 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA (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.
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 Page 95 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA 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.
(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.
(f) The eligible voter shall cast his or her ballot by selecting the candidate of his or her choice.
CHAPTER 55 41 (f) The eligible voter shall cast his or her ballot by selecting the candidate of his or her choice.
Cost of an election shall be payable from the funds of Page 96 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA the system for which the trustee is elected.
Cost of an election shall be payable from the funds of the system for which the trustee is elected.
(5) (a) Any vacancy which may occur in an appointed position during a term of office shall be filled in the same manner which provides for the selection of the particular trustee, and any vacancy which may occur in an elected position during a term of office shall be filled by appointment by a majority vote of the remaining elected trustees with a person selected from the system in which the Page 97 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA vacancy occurs;
(5) (a) Any vacancy which may occur in an appointed position during a term of office shall be filled in the same manner which provides for the selection of the particular trustee, and any vacancy which may occur in an elected position during a term of office shall be filled by appointment by a majority vote of the remaining elected trustees with a person selected from the system in which the vacancy occurs;
The vice- Page 98 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA 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 Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY years as chair or vice-chair of the board.
(e) The board shall do all things, take all actions, and promulgate all Page 99 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA 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 may act as legal adviser and attorney for the board, and the board may contract for Page 100 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA 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.
The Kentucky Public Pensions Authority shall make copies of the audit required by this subsection available for examination by any member, retiree, or beneficiary in the offices of the Kentucky Public Pensions Authority and in other places as necessary to make the audit available to all members, retirees, and beneficiaries.
The Kentucky Public Pensions Authority shall make copies of the audit required by this subsection available for examination by any member, retiree, or beneficiary in the offices of the Kentucky Public Pensions Authority and in other places as necessary to make the audit available to all members, retirees, and CHAPTER 55 43 beneficiaries.
(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 Page 101 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA Pensions Authority that are assigned to the Kentucky Retirement Systems 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.
Legal counsel, public accountants, actuaries, or other persons as to matters the trustee honestly believes are within the person's professional Page 102 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA or expert competence;
Legal counsel, public accountants, actuaries, or other persons as to matters the trustee honestly believes are within the person's professional or expert competence;
(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.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (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.
(16) When an order by the system substantially impairs the benefits or rights of a member, retired member, or recipient, except action which relates to entitlement to Page 103 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA disability benefits, or when an employer disagrees with an order of the system as provided by KRS 61.598, the affected member, retired member, recipient, or employer may request a hearing to be held in accordance with KRS Chapter 13B.
(16) When an order by the system substantially impairs the benefits or rights of a member, retired member, or recipient, except action which relates to entitlement to disability benefits, or when an employer disagrees with an order of the system as provided by KRS 61.598, the affected member, retired member, recipient, or employer may request a hearing to be held in accordance with KRS Chapter 13B.
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 Page 104 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA 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;
5.
CHAPTER 55 45 5.
Financial information, including a statement of plan net assets, a statement of changes in plan net assets, an actuarial value of assets, a schedule of investments, a statement of funded status and funding Page 105 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA progress, and other supporting data;
Financial information, including a statement of plan net assets, a statement of changes in plan net assets, an actuarial value of assets, a schedule of investments, a statement of funded status and funding progress, and other supporting data;
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 Page 106 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA 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:
Page 107 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA (m) Information regarding the systems' financial and actuarial condition that is easily understood by the members, retired members, and the public;
(m) Information regarding the systems' financial and actuarial condition that is easily understood by the members, retired members, and the public;
and (n) All proxy vote reports as provided by KRS 61.650(7).
and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (n) All proxy vote reports as provided by KRS 61.650(7).
(1) The Authority shall employ or contract for the services of at least three (3) physicians, licensed in the state and not members of the system, upon terms and conditions it prescribes to serve as medical examiners, whose duty it shall be to Page 108 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA pass upon all medical examinations required under KRS 61.510 to 61.705, 16.505 to 16.652, and 78.510 to 78.852, to investigate all health or medical statements and certificates made by or in behalf of any person in connection with the payment of money to the person under KRS 61.510 to 61.705, 16.505 to 16.652, and 78.510 to 78.852, and who shall report in writing to the system the conclusions and recommendations upon all matters referred to them.
(1) The Authority shall employ or contract for the services of at least three (3) physicians, licensed in the state and not members of the system, upon terms and conditions it prescribes to serve as medical examiners, whose duty it shall be to pass upon all medical examinations required under KRS 61.510 to 61.705, 16.505 to 16.652, and 78.510 to 78.852, to investigate all health or medical statements and certificates made by or in behalf of any person in connection with the payment of money to the person under KRS 61.510 to 61.705, 16.505 to 16.652, and 78.510 to 78.852, and who shall report in writing to the system the conclusions and recommendations upon all matters referred to them.
If the person fails to Page 109 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA file, at the retirement office within one hundred eighty (180) days of the date the person filed his or her notification of retirement, any of the forms, certifications, or information required by this subsection, the person's application for disability retirement shall be void.
If the person fails to file, at the retirement office within one hundred eighty (180) days of the date the person filed his or her notification of retirement, any of the forms, certifications, or information required by this subsection, the person's application for disability retirement shall be void.
If there is evidence of a mental impairment, the medical examiner[examiners] may request the Authority's licensed mental health professional to assist in determining the level of the mental impairment.
If there is evidence of a mental CHAPTER 55 47 impairment, the medical examiner[examiners] may request the Authority's licensed mental health professional to assist in determining the level of the mental impairment.
(c)[(f)] If the[two (2) or more of the three (3)] medical examiner selected under Page 110 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA paragraph (a) of this subsection recommends[examiners recommend] that the person be denied disability retirement, the Authority shall select one (1) medical examiner other than the medical examiner selected under paragraph (a) of this subsection to evaluate the medical evidence submitted by the person.
(c)[(f)] If the[two (2) or more of the three (3)] medical examiner selected under paragraph (a) of this subsection recommends[examiners recommend] that the person be denied disability retirement, the Authority shall select one (1) medical examiner other than the medical examiner selected under paragraph (a) of this subsection to evaluate the medical evidence submitted by the person.
(d) If the second medical examiner selected under paragraph (c) of this subsection recommends that the person be denied disability retirement, the Authority shall send notice of this recommendation by United States first- class mail to the person's last address on file in the retirement office, by electronic mail to the person's last electronic mail address on file in the retirement office, or by other electronic means.
(d) If the second medical examiner selected under paragraph (c) of this subsection recommends that the person be denied disability retirement, the Authority shall send notice of this recommendation by United States first-class mail to the person's last address on file in the retirement office, by electronic mail to the person's last electronic mail address on file in the retirement office, or by other electronic means.
(e) If the second medical examiner selected under paragraph (c) of this subsection recommends that the person be approved for disability retirement, the Authority shall select one (1) medical examiner other than Page 111 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA the first and second medical examiners selected under paragraphs (a) and (c) of this subsection to evaluate the medical evidence submitted by the person.
(e) If the second medical examiner selected under paragraph (c) of this subsection recommends that the person be approved for disability retirement, the Authority shall select one (1) medical examiner other than the first and second medical examiners selected under paragraphs (a) and (c) of this subsection to evaluate the medical evidence submitted by the person.
(g) If the third medical examiner selected under paragraph (e) of this subsection recommends that the person be denied disability retirement, the Authority shall send notice of this recommendation by United States first- class mail to the person's last address on file in the retirement office, by electronic mail to the person's last electronic mail address on file in the retirement office, or by other electronic means.
(g) If the third medical examiner selected under paragraph (e) of this subsection recommends that the person be denied disability retirement, the Authority shall send notice of this recommendation by United States first-class mail to the person's last address on file in the retirement office, by electronic mail to the person's last electronic mail address on file in the retirement office, or by other electronic means.
The medical examiner selected under this paragraph shall recommend that disability Page 112 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA retirement be approved, or that disability retirement be denied.
The medical examiner selected under this paragraph shall recommend that disability retirement be approved, or that disability retirement be denied.
(c) If the first medical examiner selected under paragraph (a) of this subsection recommends that the person be denied disability retirement, the Authority shall select one (1) medical examiner other than the medical examiner selected under paragraph (a) of this subsection to evaluate the additional supporting medical evidence.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (c) If the first medical examiner selected under paragraph (a) of this subsection recommends that the person be denied disability retirement, the Authority shall select one (1) medical examiner other than the medical examiner selected under paragraph (a) of this subsection to evaluate the additional supporting medical evidence.
(d) If the second medical examiner selected under paragraph (c) of this subsection recommends that the person be denied disability retirement, the Authority shall send notice of this recommendation by United States first- class mail to the person's last address on file in the retirement office, by electronic mail to the person's last electronic mail address on file in the retirement office, or by other electronic means.
(d) If the second medical examiner selected under paragraph (c) of this subsection recommends that the person be denied disability retirement, the Authority shall send notice of this recommendation by United States first-class mail to the person's last address on file in the retirement office, by electronic mail to the person's last electronic mail address on file in the retirement office, or by other electronic means.
Page 113 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA (e) If the second medical examiner selected under paragraph (c) of this subsection recommends that the person be approved for disability retirement, the Authority shall select one (1) medical examiner other than the first and second medical examiners selected under paragraphs (a) and (c) of this subsection to evaluate the additional supporting medical evidence.
(e) If the second medical examiner selected under paragraph (c) of this subsection recommends that the person be approved for disability retirement, the Authority shall select one (1) medical examiner other than the first and second medical examiners selected under paragraphs (a) and (c) of this subsection to evaluate the additional supporting medical evidence.
(g) If the third medical examiner selected under paragraph (e) of this subsection recommends that the person be denied disability retirement, the Authority shall send notice of this recommendation by United States first- class mail to the person's last address on file in the retirement office, by electronic mail to the person's last electronic mail address on file in the retirement office, or by other electronic means.
(g) If the third medical examiner selected under paragraph (e) of this subsection recommends that the person be denied disability retirement, the Authority shall send notice of this recommendation by United States first-class mail to the person's last address on file in the retirement office, by electronic mail to the person's last electronic mail address on file in the retirement office, or by other electronic means.
The person shall have one hundred eighty (180) days from the day that the Authority sent the notice to appeal his or her denial of disability retirement by filing at the retirement office a request for a formal hearing[(gIf two (2) or more of the three (3) medical examiners recommend that the person be approved for disability retirement based upon the evaluation of additional supporting medical information in accordance with paragraph (f) of this subsection, the system shall make retirement payments in accordance with the retirement plan Page 114 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA selected by the person.
The person shall have one hundred eighty (180) days from the day that the Authority sent the notice to appeal his or her denial of disability retirement by filing at the retirement office a request for a formal hearing[(g) If two (2) or more of the three (3) medical examiners recommend that the person be approved for disability retirement based upon the evaluation of additional supporting medical information in accordance with paragraph (f) of this subsection, the system shall make retirement payments in accordance with the retirement plan selected by the person.
The request for a formal hearing shall be filed with the executive director, at the retirement office in Frankfort.
The request for a formal hearing shall be filed with the executive director, at the retirement office in CHAPTER 55 49 Frankfort.
The request for a formal hearing shall include a short and plain statement of Page 115 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA the reasons the denial of disability retirement is being contested.
The request for a formal hearing shall include a short and plain statement of the reasons the denial of disability retirement is being contested.
Page 116 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA Section 15.
Section 15.
and Page 117 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA 2.
and 2.
2.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 2.
Restitution of any payments or other benefits received that[ for which] the person was not entitled to receive pursuant to[by reason of violation of] KRS 16.505 to 16.652, 61.510 to 61.705, or 78.510 to 78.852 and Page 118 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA interest at the maximum legal rate pursuant to KRS 360.010 in effect on the date any payment was made for the period from the date payment was made to the date of repayment to the Authority;
Restitution of any payments or other benefits received that[ for which] the person was not entitled to receive pursuant to[by reason of violation of] KRS 16.505 to 16.652, 61.510 to 61.705, or 78.510 to 78.852 and interest at the maximum legal rate pursuant to KRS 360.010 in effect on the date any payment was made for the period from the date payment was made to the date of repayment to the Authority;
Page 119 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA Section 16.
Section 16.
(b) For purposes of this subsection, the amount of benefits the member has accrued at the time of amendment, suspension, or reduction shall be limited to the accumulated account balance the member has accrued at the time of amendment, suspension, or reduction.
CHAPTER 55 51 (b) For purposes of this subsection, the amount of benefits the member has accrued at the time of amendment, suspension, or reduction shall be limited to the accumulated account balance the member has accrued at the time of amendment, suspension, or reduction.
Page 120 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA (3) The provisions of this section shall not be construed to limit the General Assembly's authority to amend, reduce, or suspend the benefits and rights of members of the Kentucky Employees Retirement System as provided by KRS 61.510 to 61.705 that the General Assembly had the authority to amend, reduce, or suspend, prior to July 1, 2013.
(3) The provisions of this section shall not be construed to limit the General Assembly's authority to amend, reduce, or suspend the benefits and rights of members of the Kentucky Employees Retirement System as provided by KRS 61.510 to 61.705 that the General Assembly had the authority to amend, reduce, or suspend, prior to July 1, 2013.
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;
and (c) "Months of service" means the total months of combined service used to Page 121 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA 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 also include vested service in another retirement system other than the Kentucky Teachers' Retirement System sponsored by the Council on Postsecondary Education.
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 also include vested service in another retirement system other than the Kentucky Teachers' Retirement System sponsored by the Council on Postsecondary Education.
Page 122 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA (b) 1.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) 1.
The system shall continue to provide the same hospital and medical insurance plan coverage for recipients and qualifying dependents after the age of sixty-five (65) as before the age of sixty-five (65), if:
The system shall continue to provide the same hospital and medical insurance plan coverage for recipients and qualifying dependents after the age of sixty-five (65) as before the age of sixty- five (65), if:
1395y(b) and has been reemployed by a participating agency which offers the recipient a hospital and medical insurance Page 123 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA benefit or by a participating agency which is prevented from offering a hospital and medical benefit to the recipient as a condition of reemployment under KRS 70.293, 95.022, or 164.952.
1395y(b) and has been reemployed by a participating agency which offers the recipient a hospital and medical insurance benefit or by a participating agency which is prevented from offering a hospital and medical benefit to the recipient as a condition of reemployment under KRS 70.293, 95.022, or 164.952.
The deducted Page 124 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA 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 26 U.S.C.
Notwithstanding any minimum compensation requirements provided by law, the deductions provided by this paragraph shall be made, and the compensation of the member shall be reduced accordingly.
Notwithstanding any minimum compensation requirements CHAPTER 55 53 provided by law, the deductions provided by this paragraph shall be made, and the compensation of the member shall be reduced accordingly.
No member may elect whether to participate in, or choose the contribution amount to accounts established Page 125 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA pursuant to 26 U.S.C.
No member may elect whether to participate in, or choose the contribution amount to accounts established pursuant to 26 U.S.C.
401(h) within the funds Page 126 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA established in KRS 16.510 and 61.515;
401(h) within the funds established in KRS 16.510 and 61.515;
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, 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 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.
(b) For a member who began participating in the system prior to July 1, 2003, the Page 127 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA monthly contribution rate shall be paid by the system from the funds specified under paragraph (a)2.
(b) For a member who began participating in the system prior to July 1, 2003, the monthly contribution rate shall be paid by the system from the funds specified under paragraph (a)2.
1.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 1.
Twenty-five percent (25%) of the monthly premium for single coverage shall be paid for a retired member who had less than one hundred twenty (120) months of service but had at least forty-eight (48) months of service upon retirement, provided such retired member agrees to pay the remaining seventy-five percent (75%) by payroll deduction from his or Page 128 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA her retirement allowance, electronic funds transfer, or by another method.
Twenty-five percent (25%) of the monthly premium for single coverage shall be paid for a retired member who had less than one hundred twenty (120) months of service but had at least forty-eight (48) months of service upon retirement, provided such retired member agrees to pay the remaining seventy-five percent (75%) by payroll deduction from his or her retirement allowance, electronic funds transfer, or by another method.
For a member who began participating in the system prior to July 1, 2003, who was determined to be in a hazardous position in the Kentucky Page 129 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA Employees Retirement System or in a position in the State Police Retirement System, or who is receiving a retirement allowance based on General Assembly service, the funds specified under paragraph (a)2.
For a member who began participating in the system prior to July 1, 2003, who was determined to be in a hazardous position in the Kentucky Employees Retirement System or in a position in the State Police Retirement System, or who is receiving a retirement allowance based on General Assembly service, the funds specified under paragraph (a)2.
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 16.543(1) or 61.543(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 CHAPTER 55 55 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 16.543(1) or 61.543(1), or another state-administered retirement system.
of Page 130 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA this subsection:
of this subsection:
of this paragraph shall be waived for a member who is disabled as a result of a duty-related injury as defined in KRS 61.621 and is eligible for the benefits provided by KRS 61.621(5)(b), and the member shall be entitled to the benefits payable under this subsection as though the member had twenty (20) years of service in a nonhazardous Page 131 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA position.
of this paragraph shall be waived for a member who is disabled as a result of a duty-related injury as defined in KRS 61.621 and is eligible for the benefits provided by KRS 61.621(5)(b), and the member shall be entitled to the benefits payable under this subsection as though the member had twenty (20) years of service in a nonhazardous position.
The additional insurance contribution provided by this Page 132 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA subdivision shall only be applied to the monthly contribution amounts provided under subparagraph 2.a.
The additional insurance contribution provided by this subdivision shall only be applied to the monthly contribution amounts provided under subparagraph 2.a.
The additional insurance contribution provided by this subdivision shall only be payable towards the health plans offered by the system to retirees who are not eligible for Medicare or for reimbursements provided to retirees not eligible for Medicare pursuant to subsection (6)(a)2.
The additional insurance contribution provided by this subdivision shall only be Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY payable towards the health plans offered by the system to retirees who are not eligible for Medicare or for reimbursements provided to retirees not eligible for Medicare pursuant to subsection (6)(a)2.
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 County Employees Retirement System shall not be eligible for health insurance coverage or benefits provided by this section and shall take coverage with his or her employing agency Page 133 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA 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 County Employees Retirement System 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.
"Career threshold" for a member with service in a nonhazardous position means twenty-seven (27) years of service credited under KRS 16.543(1), 61.543(1), 78.615(1), or another state- administered retirement system and for a member with service in a hazardous position means the service requirements specified by KRS 16.577(2) or (3) or 16.583(6)(b), as applicable;
"Career threshold" for a member with service in a nonhazardous position means twenty- seven (27) years of service credited under KRS 16.543(1), 61.543(1), 78.615(1), or another state-administered retirement system and for a member with service in a hazardous position means the service requirements specified by KRS 16.577(2) or (3) or 16.583(6)(b), as applicable;
Each state-administered retirement system shall pay annually to the insurance trust fund established under KRS 61.701 the portion of the system's cost of the retiree's monthly contribution for single coverage for hospital and medical insurance plan which shall be equal to the percentage of the member's number of months of service in the other state-administered retirement plan divided by his or her total combined service and in conjunction with the reciprocal agreement established between the system and the other state-administered Page 134 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA retirement systems.
Each state-administered retirement system shall pay annually to the insurance trust fund established under KRS 61.701 the portion of the system's cost of the retiree's monthly contribution for single coverage for hospital and medical insurance plan which shall be equal to the percentage of the member's number of months of service in the other state-administered retirement plan divided by his or her total combined service and in conjunction with the reciprocal agreement established between the system and the other state-administered retirement systems.
(6) (a) The board shall promulgate an administrative regulation to establish a medical insurance reimbursement plan to provide reimbursement for hospital and medical insurance plan premiums of recipients of a retirement allowance who:
CHAPTER 55 57 (6) (a) The board shall promulgate an administrative regulation to establish a medical insurance reimbursement plan to provide reimbursement for hospital and medical insurance plan premiums of recipients of a retirement allowance who:
The reimbursement program as provided by this subparagraph shall be Page 135 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA available to the recipient regardless of the hospital and medical insurance plans offered by the systems.
The reimbursement program as provided by this subparagraph shall be available to the recipient regardless of the hospital and medical insurance plans offered by the systems.
(1) (a) Upon the death of a retired member of the Kentucky Employees Retirement System or State Police Retirement System who was receiving a monthly retirement allowance based on a minimum of forty-eight (48) months of service or whose retirement allowance based on a minimum of forty-eight (48) months was suspended in accordance with KRS 61.637, a death benefit for the beneficiary of five thousand dollars ($5,000) shall be paid.
(1) (a) Upon the death of a retired member of the Kentucky Employees Retirement System or State Police Retirement System who was receiving a monthly retirement allowance based on a minimum of forty- eight (48) months of service or whose retirement allowance based on a minimum of forty-eight (48) months was suspended in accordance with KRS 61.637, a death benefit for the beneficiary of five thousand dollars ($5,000) shall be paid.
(c) Application for the death benefit made to the Kentucky Retirement Systems shall include acceptable evidence of death and of the eligibility of the Page 136 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA applicant to receive the death benefit[act on the deceased retired member's behalf].
(c) Application for the death benefit made to the Kentucky Retirement Systems shall include acceptable evidence of death and of the eligibility of the applicant to receive the death benefit[act on the deceased retired member's behalf].
(b) After the death of the retired member, an overpayment of benefits occurs, Page 137 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA the balance owed for the overpayment may be deducted from the five thousand dollar ($5,000) death benefit;
(b) After the death of the retired member, an overpayment of benefits occurs, the balance owed for the overpayment may be deducted from the five thousand dollar ($5,000) death benefit;
or (c) At the time of the retired member's death, the designated beneficiary is the retired member's estate.
or Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (c) At the time of the retired member's death, the designated beneficiary is the retired member's estate.
Agencies entering the system on or after April 9, 2002, which were established by a merger or an interlocal agreement to provide public services shall be excluded from this requirement if any agencies entering Page 138 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA into the merger or interlocal agreement had an initial participation date with the system prior to April 9, 2002;
Agencies entering the system on or after April 9, 2002, which were established by a merger or an interlocal agreement to provide public services shall be excluded from this requirement if any agencies entering into the merger or interlocal agreement had an initial participation date with the system prior to April 9, 2002;
(3) (a) Concurrent with the adoption of the appropriate resolution to participate in the system, a county may elect the alternate participation plan which will require the county to purchase on behalf of each employee electing coverage, at the time the county elected to participate in the system as provided under KRS 78.540(1)(b)[ and (c)], current service credit for employment in regular full- time positions between July 1, 1958, and the participation date of the county.
(3) (a) Concurrent with the adoption of the appropriate resolution to participate in the system, a county may elect the alternate participation plan which will require the county to purchase on behalf of each employee electing coverage, at the time the county elected to participate in the system as provided under KRS 78.540(1)(b)[ and (c)], current service credit for employment in regular full-time positions between July 1, 1958, and the participation date of the county.
(b) The county shall establish a payment schedule subject to approval by the Page 139 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA board for payment of the cost of such service over and above that which would be funded within the existing employer contribution rate.
(b) The county shall establish a payment schedule subject to approval by the board for payment of the cost of such service over and above that which would be funded within the existing employer contribution rate.
The special tax shall be to pay, within a period of no more than fifteen (15) years, for the cost of such service credit over that which would be funded within the existing employer contribution rate, as determined by the board's consulting actuary.
The special tax shall be to pay, within a period of no more than fifteen CHAPTER 55 59 (15) years, for the cost of such service credit over that which would be funded within the existing employer contribution rate, as determined by the board's consulting actuary.
The city Page 140 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA may increase the tax to pay current service costs which exceed the local pension system costs to which the tax had been devoted, but the city shall not collect from the tax more revenues than are necessary to pay current service costs incurred after the date of participation.
The city may increase the tax to pay current service costs which exceed the local pension system costs to which the tax had been devoted, but the city shall not collect from the tax more revenues than are necessary to pay current service costs incurred after the date of participation.
The Page 141 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA employer shall pay the employer contributions on the creditable compensation of the employees who later elect membership from the participation date of the county to the date the member elects participation.
The employer shall pay the employer contributions on the creditable compensation of the employees who later elect membership from the participation date of the county to the date the member elects participation.
Cost of the service credit over that which would be funded within the existing employer contribution rate shall be determined Page 142 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA by the board's consulting actuary.
Cost of the service credit over that which would be funded within the existing employer contribution rate shall be determined by the board's consulting actuary.
(4) Every school board not participating on June 21, 1974, shall enact a resolution of participation no later than July 1, 1976.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (4) Every school board not participating on June 21, 1974, shall enact a resolution of participation no later than July 1, 1976.
Employees who would have been granted membership in retirement systems created pursuant to KRS 95.768, or any other policemen or firefighters who would have been granted membership in retirement systems created pursuant to KRS 79.080, 90.400, or 90.410, or any such policemen or firefighter members employed on or prior to August 1, 1988, who transfer to the County Employees Retirement System, shall be Page 143 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA certified by their employers as working in hazardous positions.
Employees who would have been granted membership in retirement systems created pursuant to KRS 95.768, or any other policemen or firefighters who would have been granted membership in retirement systems created pursuant to KRS 79.080, 90.400, or 90.410, or any such policemen or firefighter members employed on or prior to August 1, 1988, who transfer to the County Employees Retirement System, shall be certified by their employers as working in hazardous positions.
The provisions Page 144 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA of subsection (3)(b) of this section notwithstanding, a city affected by this subsection may, at its option, extend its payment schedule to the County Employees Retirement System for alternate participation to thirty (30) years at the rate actuarially assumed by the board.
The provisions of subsection (3)(b) of this section notwithstanding, a city affected by this subsection may, at its option, extend its payment schedule to the County Employees Retirement System for alternate participation to thirty (30) years at the rate actuarially assumed by the board.
and (c) [All persons who are employees of a county who did not elect to participate within thirty (30) days of the date the county first participated in the system or within thirty (30) days of their return to active service and who subsequently elect to participate the first day of a month after the county's date of participation;
and (c) [All persons who are employees of a county who did not elect to participate within thirty (30) days of the date the county first participated in the system or within thirty (30) days of their return to active CHAPTER 55 61 service and who subsequently elect to participate the first day of a month after the county's date of participation;
Persons who elect to participate under this paragraph may purchase service credit for any prior years in Page 145 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA accordance with KRS 61.552(5)(a), 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 KRS 61.552(5)(a), provided the person began participating in the system prior to January 1, 2014.
For persons hired on or after August 1, 2000, upon conviction of a felony relating to the person's employment as provided in paragraph (c) Page 146 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA of this subsection.
For persons hired on or after August 1, 2000, upon conviction of a felony relating to the person's employment as provided in paragraph (c) of this subsection.
and Page 147 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA 2.
and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 2.
A recipient of a disability retirement allowance resulting solely from mental illness is, prior to his or her normal retirement date, employed in a position with the same or similar duties, or in a position with duties requiring greater residual functional capacity, as the position Page 148 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA from which he or she was disabled[, the system may reduce or discontinue the retirement allowance.
A recipient of a disability retirement allowance resulting solely from mental illness is, prior to his or her normal retirement date, employed in a position with the same or similar duties, or in a position with duties requiring greater residual functional capacity, as the position from which he or she was disabled[, the system may reduce or discontinue the retirement allowance.
otherwise,the system shall have the right to recover payments of a disability retirement allowance made during the employment].
otherwise, the system shall have the right to recover payments of a disability retirement allowance made during the employment].
(c)[(b)] The medical examiner or vocational expert[examiners] shall be paid a reasonable amount by the Authority[retirement system] for each case Page 149 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA evaluated.
(c)[(b)] The medical examiner or vocational expert[examiners] shall be paid a reasonable amount by the Authority[retirement system] for each case evaluated.
2.[1.]If the medical examiner or vocational expert recommends that the disability retirement allowance be continued, the system shall make retirement payments in accordance with the retirement plan selected by the person.
2.[1.] If the medical examiner or vocational expert recommends that the disability retirement allowance be continued, the system shall make retirement payments in accordance with the retirement plan selected by the person.
a.[2].If the medical examiner or vocational expert 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, by electronic mail to the person's last electronic mail address on file in the retirement office, or by other electronic means.
a.[2].
b.[a.]The person shall have sixty (60) days from the day that the Authority sent[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 vocational expert or to appeal the recommendation of the medical examiner or vocational expert to reduce or discontinue the disability retirement allowance by filing at the retirement office a request for a formal hearing.
If the medical examiner or vocational expert 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, by electronic mail to the person's last electronic mail address on file in the retirement office, or by other electronic means.
c.[b.]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 Page 150 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA the medical examiner or vocational expert[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 sent[mailed] the notice of the recommendation to the person's last address on file in the retirement office, by electronic mail to the person's last electronic mail address on file in the retirement office, or by other electronic means.
CHAPTER 55 63 b.[a.] The person shall have sixty (60) days from the day that the Authority sent[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 vocational expert or to appeal the recommendation of the medical examiner or vocational expert to reduce or discontinue the disability retirement allowance by filing at the retirement office a request for a formal hearing.
(e) 1.[(d)] The medical examiner shall make a recommendation based upon the evaluation of additional supporting employment and medical information submitted in accordance with paragraph (d)3.b.[(c)2.a.] of this subsection, or the vocational expert shall make a recommendation based upon the additional supporting employment information submitted in accordance with paragraph (d)3.b.
c.[b.] 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 examiner or vocational expert[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 sent[mailed] the notice of the recommendation to the person's last address on file in the retirement office, by electronic mail to the person's last electronic mail address on file in the retirement office, or by other electronic means.
(e) 1.[(d)]The medical examiner shall make a recommendation based upon the evaluation of additional supporting employment and medical information submitted in accordance with paragraph (d)3.b.[(c)2.a.] of this subsection, or the vocational expert shall make a recommendation based upon the additional supporting employment information submitted in accordance with paragraph (d)3.b.
2.[1.]If the medical examiner or vocational expert recommends that the disability retirement allowance be continued, the system shall make disability retirement payments in accordance with the retirement plan selected by the person.
2.[1.] If the medical examiner or vocational expert recommends that the disability retirement allowance be continued, the system shall make disability retirement payments in accordance with the retirement plan selected by the person.
a.[2.]If the medical examiner recommends that the disability retirement allowance be reduced or discontinued based upon the evaluation of additional supporting employment information and medical information, or if the vocational expert recommends that the disability retirement allowance be reduced or discontinued based upon the evaluation of additional employment information, the Authority shall send notice of this recommendation by United States first-class mail to the person's last address on file in the Page 151 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA retirement office, by electronic mail to the person's last electronic mail address on file in the retirement office, or by other electronic means.
a.[2.] If the medical examiner recommends that the disability retirement allowance be reduced or discontinued based upon the evaluation of additional supporting employment information and medical information, or if the vocational expert recommends that the disability retirement allowance be reduced or discontinued based upon the evaluation of additional employment information, the Authority shall send notice of this recommendation by United States first-class mail to the person's last address on file in the retirement office, by electronic mail to the person's last electronic mail address on file in the retirement office, or by other electronic means.
b.[a.]The person shall have sixty (60) days from the day that the Authority sent[mailed] the notice of the recommendation to appeal the recommendation to reduce or discontinue the disability retirement allowance by filing at the retirement office a request for formal hearing.
b.[a.] The person shall have sixty (60) days from the day that the Authority sent[mailed] the notice of the recommendation to appeal the recommendation to reduce or discontinue the disability retirement allowance by filing at the retirement office a request for formal hearing.
c.[b.]If the person fails or refuses to appeal the recommendation of the medical examiner or vocational expert[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 sent[mailed] the notice of the recommendation to the person's last address on file in the retirement office, by electronic mail to the person's last electronic mail address on file in the retirement office, or by other electronic means.
c.[b.] If the person fails or refuses to appeal the recommendation of the medical examiner or vocational expert[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 sent[mailed] the notice of the recommendation to the person's last address on file in the retirement office, by electronic mail to the person's last electronic mail address on file in the retirement office, or by other electronic means.
The request for formal hearing shall include a short and plain statement of the reasons the reduction, discontinuance, or denial of Page 152 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA disability retirement is being contested.
The request for formal hearing shall include a short and plain statement of the reasons the reduction, discontinuance, or denial of disability retirement is being contested.
(h)[(g)] A final order of the board shall be based on substantial evidence appearing in the record as a whole and shall set forth the decision of the board and the facts and law upon which the decision is based.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (h)[(g)] A final order of the board shall be based on substantial evidence appearing in the record as a whole and shall set forth the decision of the board and the facts and law upon which the decision is based.
Page 153 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA (j)[(i)] All requests for a hearing pursuant to this section shall be made in writing.
(j)[(i)]All requests for a hearing pursuant to this section shall be made in writing.
The person shall apply for reinstatement of disability benefits in accordance with the provisions of this Page 154 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA paragraph[section].
The person shall apply for reinstatement of disability benefits in accordance with the provisions of this paragraph[section].
c.
CHAPTER 55 65 c.
If the person establishes that the disability benefits should be reinstated, the system shall pay disability benefits effective from the first day of the Page 155 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA month following the month in which the person applied for reinstatement of the disability benefits;
If the person establishes that the disability benefits should be reinstated, the system shall pay disability benefits effective from the first day of the month following the month in which the person applied for reinstatement of the disability benefits;
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 Page 156 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA discretion, may reimburse any medical expense permissible under 26 U.S.C.
Such arrangement or account, at the board's discretion, may reimburse any medical expense permissible under 26 U.S.C.
2.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 2.
Any recipient who chooses coverage under a hospital and medical Page 157 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA 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.
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.
The system shall continue to provide the same hospital and medical insurance plan coverage for recipients and qualifying dependents after the age of sixty-five (65) as before the age of sixty-five (65), if:
The system shall continue to provide the same hospital and medical insurance plan coverage for recipients and qualifying dependents after the age of sixty-five (65) as before the age of sixty- five (65), if:
Page 158 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA a.
a.
Such employer contribution rate shall be developed by appropriate actuarial method as a part of the determination of each respective employer contribution rate determined Page 159 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA under KRS 78.635.
Such employer contribution rate shall be developed by appropriate actuarial method as a part of the determination of each respective employer contribution rate determined under KRS 78.635.
Any interest or penalties paid on any delinquent contributions shall be credited to accounts established pursuant to 26 U.S.C.
Any interest or penalties paid on any CHAPTER 55 67 delinquent contributions shall be credited to accounts established pursuant to 26 U.S.C.
Every member shall be deemed to consent and agree to the deductions made pursuant to this paragraph, and the payment of salary or compensation less the deductions shall be a full and complete discharge Page 160 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA of all claims for services rendered by the person during the period covered by the payment, except as to any benefits provided by KRS 78.510 to 78.852.
Every member shall be deemed to consent and agree to the deductions made pursuant to this paragraph, and the payment of salary or compensation less the deductions shall be a full and complete discharge of all claims for services rendered by the person during the period covered by the payment, except as to any benefits provided by KRS 78.510 to 78.852.
No member may elect whether to participate in, or choose the contribution amount to accounts established pursuant to 26 U.S.C.
No member may elect whether to participate in, or choose the contribution amount to accounts established pursuant to U.S.C.
The recipient of a retirement allowance, by payroll deduction from his Page 161 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA or her retirement allowance, electronic funds transfer, or by other method;
The recipient of a retirement allowance, by payroll deduction from his or her retirement allowance, electronic funds transfer, or by other method;
For purposes of this subsection only, a child shall be considered disabled if he or she has been determined to be eligible for Page 162 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA federal Social Security disability benefits or meets the dependent disability standard established by the Department of Employee Insurance in the Personnel Cabinet.
For purposes of this subsection only, a child shall be considered disabled if he or she has been determined to be eligible for federal Social Security disability benefits or meets the dependent disability standard established by the Department of Employee Insurance in the Personnel Cabinet.
1.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 1.
Twenty-five percent (25%) of the monthly premium for single coverage Page 163 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA shall be paid for a retired member who had less than one hundred twenty (120) months of service but had at least forty-eight (48) months of service upon retirement, provided such retired member agrees to pay the remaining seventy-five percent (75%) by payroll deduction from his or her retirement allowance, electronic funds transfer, or by another method.
Twenty-five percent (25%) of the monthly premium for single coverage shall be paid for a retired member who had less than one hundred twenty (120) months of service but had at least forty-eight (48) months of service upon retirement, provided such retired member agrees to pay the remaining seventy-five percent (75%) by payroll deduction from his or her retirement allowance, electronic funds transfer, or by another method.
Dies as a direct result of an act in line of duty as defined in KRS 78.510, dies as a result of a duty-related injury as defined in KRS 61.621, becomes totally and permanently disabled as defined in KRS 78.5524 as a direct result of an act in line of duty as defined in KRS 78.510, or becomes disabled as a result of a duty-related injury as defined in KRS 61.621 and is eligible for the benefits provided by KRS 61.621(5)(a), the monthly premium shall be paid for each dependent child as defined in KRS 78.510, so long as the member remains eligible for a monthly Page 164 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA retirement benefit, unless deceased, and each dependent child individually remains eligible under KRS 78.510.
Dies as a direct result of an act in line of duty as defined in KRS 78.510, dies as a result of a duty-related injury as defined in KRS 61.621, becomes totally and permanently disabled as defined in KRS 78.5524 as a direct result of an act in line of duty as defined in KRS 78.510, or becomes disabled as a result of a duty-related injury as defined in KRS 61.621 and is eligible for the benefits provided by KRS 61.621(5)(a), the monthly premium shall be paid for each dependent child as defined in KRS 78.510, so long as the member remains eligible for a monthly retirement benefit, unless deceased, and each dependent child individually remains eligible under KRS 78.510.
(e) For members who begin participating in the system on or after July 1, 2003:
CHAPTER 55 69 (e) For members who begin participating in the system on or after July 1, 2003:
Participation in the insurance benefits provided under this section shall not be allowed until the member has earned at least one hundred twenty Page 165 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA (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;[.] 2.
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;[.] 2.
of this paragraph shall be waived for a member who receives a satisfactory determination of a hazardous disability that is a direct result of an act in line of duty as defined in KRS 78.510(48) and Page 166 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA the member shall be entitled to the benefits payable under this subsection as though the member had twenty (20) years of service in a hazardous position;[.] 4.
of this paragraph shall be waived for a member who receives a satisfactory determination of a hazardous disability that is a direct result of an act in line of duty as defined in KRS 78.510(48) and the member shall be entitled to the benefits payable under this subsection as though the member had twenty (20) years of service in a hazardous position;[.] 4.
The increase shall be cumulative and shall continue to accrue after the Page 167 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA member's retirement for as long as a monthly insurance contribution is payable to the retired member or beneficiary but shall not apply to any increase in the contribution attributable to the increase specified by subdivision b.
The increase shall be cumulative and shall continue to accrue after the member's retirement for as long as a monthly insurance contribution is payable to the retired member or beneficiary but shall not apply to any increase in the contribution attributable to the increase specified by subdivision b.
and b.
and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY b.
The benefits of this paragraph provided to a member whose participation begins on or after July 1, 2003, shall not be considered as benefits Page 168 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA protected by the inviolable contract provisions of KRS 78.852.
The benefits of this paragraph provided to a member whose participation begins on or after July 1, 2003, shall not be considered as benefits protected by the inviolable contract provisions of KRS 78.852.
"Career threshold" for a member with service in a nonhazardous position means twenty-seven (27) years of service credited under KRS 16.543(1), 61.543(1), 78.615(1), or another state- administered retirement system and for a member with service in a hazardous position means the service requirements specified by KRS 78.5514(2)(a)2.
"Career threshold" for a member with service in a nonhazardous position means twenty- seven (27) years of service credited under KRS 16.543(1), 61.543(1), 78.615(1), or another state-administered retirement system and for a member with service in a hazardous position means the service requirements specified by KRS 78.5514(2)(a)2.
The system shall compute the member's combined service, including service credit in another state-administered retirement system, and calculate the portion of the member's premium monthly contribution rate Page 169 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA to be paid by the funds specified under paragraph (a)2.
The system shall compute the member's combined service, including service credit in another state-administered retirement system, and calculate the portion of the member's premium monthly contribution rate to be paid by the funds specified under paragraph (a)2.
Page 170 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA (6) (a) The board shall promulgate an administrative regulation to establish a medical insurance reimbursement plan to provide reimbursement for hospital and medical insurance plan premiums of recipients of a retirement allowance who:
CHAPTER 55 71 (6) (a) The board shall promulgate an administrative regulation to establish a medical insurance reimbursement plan to provide reimbursement for hospital and medical insurance plan premiums of recipients of a retirement allowance who:
(b) If the retired member had more than one (1) account in the County Employees Page 171 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA 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 to the named beneficiary 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 to the named beneficiary shall not exceed five thousand dollars ($5,000).
Page 172 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA (3) The five thousand dollar ($5,000) death benefit paid to the designated beneficiary shall not be subject to garnishment as an asset of the retired member's estate, except if:
(3) The five thousand dollar ($5,000) death benefit paid to the designated beneficiary shall not be subject to garnishment as an asset of the retired member's estate, except if:
(4) Upon the death of a retired member, the death benefit provided pursuant to this section may be assigned by the designated beneficiary to a bank or licensed funeral home.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (4) Upon the death of a retired member, the death benefit provided pursuant to this section may be assigned by the designated beneficiary to a bank or licensed funeral home.
(2) (a) If a retired member accepts employment or begins serving as a volunteer with Page 173 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA an employer participating in the systems administered by Kentucky Retirement Systems or the County Employees Retirement System within twelve (12) months of his or her retirement date, the retired member shall notify the Authority and the participating employer shall submit the information required or requested by the Authority to confirm the individual's employment or volunteer status.
(2) (a) 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 the County Employees Retirement System within twelve (12) months of his or her retirement date, the retired member shall notify the Authority and the participating employer shall submit the information required or requested by the Authority to confirm the individual's employment or volunteer status.
(4) The following shall apply to retired members of the County Employees Retirement Page 174 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA System who are reemployed on or after September 1, 2008, by an agency participating in the systems administered by the County Employees Retirement System or the Kentucky Retirement Systems:
(4) The following shall apply to retired members of the County Employees Retirement System who are reemployed on or after September 1, 2008, by an agency participating in the systems administered by the County Employees Retirement System or the Kentucky Retirement Systems:
(b) If a retired member is receiving a retirement allowance from the County Page 175 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA Employees Retirement System and is employed in a regular full-time position required to participate in the County Employees Retirement System or in one (1) of the systems administered by the Kentucky Retirement Systems 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:
(b) If a retired member is receiving 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 in one (1) of the systems administered by the Kentucky Retirement Systems after a one (1) month period following the member's initial retirement date, the member may continue to CHAPTER 55 73 receive his or her retirement allowance during the period of reemployment subject to the following provisions:
Notwithstanding any other provision of KRS Chapter 78 to the contrary, the member shall not contribute to the system and shall not earn any additional benefits for any work performed during the period of Page 176 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA reemployment;
Notwithstanding any other provision of KRS Chapter 78 to the contrary, the member shall not contribute to the system and shall not earn any additional benefits for any work performed during the period of reemployment;
Page 177 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA 2.
2.
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) and (b) of this subsection for the period of volunteer service;
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 Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 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) and (b) of this subsection for the period of volunteer service;
Has not participated in the County Employees Retirement System prior Page 178 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA to retirement, but is otherwise eligible to retire from the Kentucky Employees Retirement System or the State Police Retirement System;
Has not participated in the County Employees Retirement System prior to retirement, but is otherwise eligible to retire from the Kentucky Employees Retirement System or the State Police Retirement System;
(f) If a member is receiving a retirement allowance from the County Employees Retirement System and enters into a contract or becomes a leased employee of an employer under contract with an employer participating in the County Employees Retirement System or one (1) of the systems administered by the Page 179 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA Kentucky Retirement Systems:
(f) If a member is receiving a retirement allowance from the County Employees Retirement System and enters into a contract or becomes a leased employee of an employer under contract with an employer participating in the County Employees Retirement System or one (1) of the systems administered by the Kentucky Retirement Systems:
After twelve (12) months or more following the retired member's retirement date, the initiation of a contract or the initial date of the leased employment of a retired member by a participating agency [that occurs after twelve (12) months or more following the retired member's retirement date ]shall not constitute a prearranged agreement under this Page 180 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA subsection;
After twelve (12) months or more following the retired member's retirement date, the initiation of a contract or the initial date of the leased employment of a retired member by a participating agency [that occurs after twelve (12) months or more following the retired member's retirement date ]shall not constitute a prearranged agreement under this subsection;
(g) 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;
CHAPTER 55 75 (g) 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.
(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.
A retired member who has been ordered reinstated without loss of pay by the Personnel Board under authority of KRS 18A.095 or by court order or by order of the Kentucky[Human Rights] Commission on Human Rights and accepts employment by an agency participating in the Kentucky Employees Retirement System, State Police 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, including any health Page 181 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA insurance benefits paid to or on behalf of the member.
A retired member who has been ordered reinstated without loss of pay by the Personnel Board under authority of KRS 18A.095 or by court order or by order of the Kentucky[Human Rights] Commission on Human Rights and accepts employment by an agency participating in the Kentucky Employees Retirement System, State Police 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, including any health insurance benefits paid to or on behalf of the member.
Page 182 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA (3) (a) Each member shall have his or her individual account credited with interest on June 30 of each year.
(3) (a) Each member shall have his or her individual account credited with interest on June 30 of each year.
(e) The amounts of interest credited to a member's account under this subsection shall be transferred from the retirement allowance account.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (e) The amounts of interest credited to a member's account under this subsection shall be transferred from the retirement allowance account.
Page 183 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA (a) Three (3) trustees, who shall be members or retired from the County Employees Retirement System, elected by the members and retired members of the County Employees Retirement System, of which:
(a) Three (3) trustees, who shall be members or retired from the County Employees Retirement System, elected by the members and retired members of the County Employees Retirement System, of which:
Notwithstanding the provisions of KRS 12.070(3), the Governor shall appoint Page 184 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA each individual trustee described by subparagraphs 1.
Notwithstanding the provisions of KRS 12.070(3), the Governor shall appoint each individual trustee described by subparagraphs 1.
and (d) For purposes of paragraph (b) 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:
and CHAPTER 55 77 (d) For purposes of paragraph (b) 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:
Page 185 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA 3.
3.
The hourly rate of reimbursement for any contract for legal services under this paragraph shall not exceed the maximum hourly rate provided in the Legal Services Duties and Maximum Rate Schedule promulgated by the Government Contract Review Committee established Page 186 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA pursuant to KRS 45A.705, unless a higher rate is specifically approved by the secretary of the Finance and Administration Cabinet or his or her designee.
The hourly rate of reimbursement for any contract for legal services under this paragraph shall not exceed the maximum hourly rate provided in the Legal Services Duties and Maximum Rate Schedule promulgated by the Government Contract Review Committee established pursuant to KRS 45A.705, unless a higher rate is specifically approved by the secretary of the Finance and Administration Cabinet or his or her designee.
Page 187 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA (e) The ballots shall be addressed to the County Employees Retirement System in care of a predetermined box number at a United States Post Office or submitted electronically or by telephone 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 County Employees Retirement System in care of a predetermined box number at a United States Post Office or submitted electronically or by telephone as provided by paragraph (j) of this subsection.
Submit a resume detailing the individual's education and employment Page 188 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA history and a cover letter detailing the member's qualifications for serving as trustee to the board;
Submit a resume detailing the individual's education and employment history and a cover letter detailing the member's qualifications for serving as trustee to the board;
No trustee shall serve in Page 189 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA more than one (1) position as trustee on the board and, if a trustee holds more than one (1) position as trustee on the board, he or she shall resign a position.
No trustee shall serve in more than one (1) position as trustee on the board and, if a trustee holds more than one (1) position as trustee on the board, he or she shall resign a position.
(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.
CHAPTER 55 79 (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.
The general Page 190 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA counsel shall serve as legal adviser to the board.
The general counsel shall serve as legal adviser to the board.
(e) Notwithstanding any other provision of statute to the contrary, including but not limited to any provision of KRS Chapter 12, the Governor shall have no Page 191 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA authority to change any provision of KRS 78.510 to 78.852 by executive order or action, including but not limited to reorganizing, replacing, amending, or abolishing the membership of the County Employees Retirement System board of trustees.
(e) Notwithstanding any other provision of statute to the contrary, including but not limited to any provision of KRS Chapter 12, the Governor shall have no authority to change any provision of KRS 78.510 to 78.852 by executive order or action, including but not limited to reorganizing, replacing, amending, or abolishing the membership of the County Employees Retirement System board of trustees.
The Kentucky Public Pensions Authority shall make copies of the audit required by this subsection available for examination by any member, retiree, or beneficiary in the offices of the County Employees Retirement System and in other places as necessary to make the audit available to all Page 192 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA members, retirees, and beneficiaries.
The Kentucky Public Pensions Authority shall make copies of the audit required by this subsection available for examination by any member, retiree, or beneficiary in the offices of the County Employees Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY Retirement System and in other places as necessary to make the audit available to all members, retirees, and beneficiaries.
(b) A trustee discharges his or her duties on an informed basis if, when he or she makes an inquiry into the business and affairs of the system or into a Page 193 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA particular action to be taken or decision to be made, he or she exercises the care an ordinary prudent person in a like position would exercise under similar circumstances.
(b) A trustee discharges his or her duties on an informed basis if, when he or she makes an inquiry into the business and affairs of the system or into a particular action to be taken or decision to be made, he or she exercises the care an ordinary prudent person in a like position would exercise under similar circumstances.
of this subsection, and the burden of proving that the Page 194 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA breach or failure to perform was the legal cause of damages suffered by the system.
of this subsection, and the burden of proving that the breach or failure to perform was the legal cause of damages suffered by the system.
(16) When an order by the system substantially impairs the benefits or rights of a member, retired member, or recipient, except action which relates to entitlement to disability benefits, or when an employer disagrees with an order of the system as provided by KRS 61.598, the affected member, retired member, recipient, or employer may request a hearing to be held in accordance with KRS Chapter 13B.
CHAPTER 55 81 (16) When an order by the system substantially impairs the benefits or rights of a member, retired member, or recipient, except action which relates to entitlement to disability benefits, or when an employer disagrees with an order of the system as provided by KRS 61.598, the affected member, retired member, recipient, or employer may request a hearing to be held in accordance with KRS Chapter 13B.
Page 195 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA 3.
3.
Page 196 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA 3.
3.
7.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 7.
Page 197 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA (i) All investment holdings in aggregate, fees, and commissions for each fund administered by the board, which shall be updated on a quarterly basis for fiscal years beginning on or after July 1, 2021.
(i) All investment holdings in aggregate, fees, and commissions for each fund administered by the board, which shall be updated on a quarterly basis for fiscal years beginning on or after July 1, 2021.
In lieu of posting the information required by this paragraph to the Kentucky Public Pensions Authority's website, the system may provide the information Page 198 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA through a website established by the executive branch to inform the public about public employee salaries and wages;
In lieu of posting the information required by this paragraph to the Kentucky Public Pensions Authority's website, the system may provide the information through a website established by the executive branch to inform the public about public employee salaries and wages;
(20) Notwithstanding any other provision of KRS 78.510 to 78.852 to the contrary, no funds of the County Employees Retirement System, including fees and commissions paid to an investment manager, private fund, or company issuing securities, who manages systems assets, shall be used to pay fees and commissions to placement agents.
CHAPTER 55 83 (20) Notwithstanding any other provision of KRS 78.510 to 78.852 to the contrary, no funds of the County Employees Retirement System, including fees and commissions paid to an investment manager, private fund, or company issuing securities, who manages systems assets, shall be used to pay fees and commissions to placement agents.
Page 199 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA Section 27.
Section 27.
(3) The provisions of this section shall not be construed to limit the General Assembly's authority to amend, reduce, or suspend the benefits and rights of members of the County Employees Retirement System as provided by KRS 78.510 to 78.852 that the General Assembly had the authority to amend, reduce, or suspend, prior to July Page 200 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA UNOFFICIAL COPY 24 RS HB 99/GA 1, 2013.
(3) The provisions of this section shall not be construed to limit the General Assembly's authority to amend, reduce, or suspend the benefits and rights of members of the County Employees Retirement System as provided by KRS 78.510 to 78.852 that the General Assembly had the authority to amend, reduce, or suspend, prior to July 1, 2013.
Page 201 of 201 HB009910.100 - 31 - XXXX 2/5/2024 4:21 PM GA
Signed by Governor April 4, 2024.
Legislative Research Commission PDF Version
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Action History

  1. signed by Governor (Acts Ch. 55)

  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 38-0

  7. posted for passage in the Consent Orders of the Day for Thursday, March 28, 2024

  8. reported favorably, 2nd reading, to Rules as a consent bill

  9. returned to State & Local Government (S)

  10. 1st reading

  11. taken from State & Local Government (S)

  12. to State & Local Government (S)

  13. to Committee on Committees (S)

  14. received in Senate

  15. 3rd reading, passed 94-0 with Committee Substitute (1)

  16. posted for passage in the Regular Orders of the Day for Monday, February 05, 2024

  17. 2nd reading, to Rules

  18. reported favorably, 1st reading, to Calendar with Committee Substitute (1)

  19. reassigned to State Government (H)

  20. to Local Government (H)

  21. to Committee on Committees (H)

  22. introduced in House

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

PASS HB 99

Passed 38 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democrat 3000
Republican 28000
Unaffiliated 7000
Total 38000
% of votes cast 100%0%0%0%
How each member voted (38)
Member Party Vote
Turner — Yea
Schickel — Yea
Southworth — Yea
Westerfield — Yea
Thayer — Yea
Yates — Yea
Harper Angel — Yea
Cassie Chambers Armstrong Democrat Yea
Gerald A. Neal Democrat Yea
Karen Berg Democrat Yea
Amanda Mays Bledsoe Republican Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Gary Boswell Republican Yea
Greg Elkins Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jason Nemes Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Lindsey Tichenor Republican Yea
Matthew Deneen Republican Yea
Max Wise Republican Yea
Michael Meredith Republican Yea
Nick Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Shelley Funke Frommeyer Republican Yea
Stephen West Republican Yea
Tom Smith Republican Yea
Wade Williams Republican Yea
Walker Thomas Republican Yea

Official roll call →

Pass

Passed 94 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Democrat 13002
Republican 71001
Unaffiliated 10001
Total 94004
% of votes cast 96%0%0%4%
How each member voted (98)
Member Party Vote
Heath — Yea
Dixon — Yea
Bentley — Yea
Palumbo — Yea
Timoney — Yea
Pratt — Yea
Raymond — Yea
Graham — Yea
Justice — Not Voting
Bratcher K. — Yea
Stevenson C — Yea
Adrielle Camuel Democrat Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
Beverly Chester-Burton Democrat Yea
Chad Aull Democrat Yea
Daniel Grossberg Democrat Yea
George Brown Jr. Democrat Yea
Keturah J. Herron Democrat Yea
Lindsey Burke Democrat Not Voting
Lisa Willner Democrat Yea
Nima Kulkarni Democrat Not Voting
Pamela Stevenson Democrat Yea
Rachel Roarx Democrat Yea
Sarah Stalker Democrat Yea
Tina Bojanowski Democrat Yea
Adam Bowling Republican Yea
Amy Neighbors Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Not Voting
Candy Massaroni 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
Emily Callaway Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jared Bauman Republican Yea
Jason Nemes Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
John Hodgson Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kevin Jackson Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Marianne Proctor Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Meredith Republican Yea
Michael Sarge Pollock Republican Yea
Mike Clines Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Nick Wilson Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Rebecca Raymer Republican Yea
Richard White Republican Yea
Robert Duvall 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
Stephanie Dietz Republican Yea
Steve Bratcher Republican Yea
Steve Rawlings Republican Yea
Steve Riley Republican Yea
Steven Doan Republican Yea
Steven Rudy Republican Yea
Susan Witten Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
Timmy Truett Republican Yea
Tom Smith Republican Yea
Wade Williams Republican Yea
Walker Thomas Republican Yea
William Lawrence 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 HB 99 do?
Amend various sections of KRS Chapters 16, 61, and 78 to make technical and housekeeping changes relating to the Kentucky Public Pensions Authority's (KPPA) administration of the systems governed by the Kentucky Retirement Systems and the County Employees Retirement System boards of trustees, including: amend KRS 61.505 to rename the position of internal auditor to chief auditor and conform with prior legislation; amend KRS 16.505, 61.510, and 78.510 to make various changes and additions to definitions; repeal, reenact, and amend KRS 16.652, 61.546, and 61.692 in response to a Kentucky Supreme Court decision and make technical changes; amend KRS 61.525 and 78.540 to remove outdated language and comply with federal law regarding membership in the retirement plan; amend KRS 61.552 to require Tier 3 members to remit employee contributions before receiving military service credit; amend KRS 61.569 to provide process for repayment of employee contributions after a member's employment is reinstated by order of a court or tribunal; amend KRS 61.615 to permit KPPA to employ vocational experts to review and evaluate employment information in disability review cases and remove review of physical exertion requirement when disability is due solely to a mental illness; amend KRS 61.625 regarding procedures for members who receive a refund in error or who have taken a refund and subsequently have their reemployment reinstated; amend KRS 61.637 and 78.5540 to conform to the process for repayment of employee contributions after a member's employment is reinstated by order of a court or tribunal; amend KRS 61.645 and 78.782 to permit voting by telephone in trustee elections and extend deadline for posting board minutes from 72 hours to three business days; amend KRS 61.665 to change the process for the review of disability applications to permit one medical examiner to review initial applications and approve a member for disability with no additional reviews required, but if disability is denied, implement up to two more examiners to achieve majority consensus for approval or disapproval of disability; amend KRS 61.705 and 78.5538 to provide that the death benefit of $5,000 is payable to a beneficiary of the member, not the member, and is not subject to garnishment, unless the beneficiary is the member's estate or there is an overpayment of benefits or outstanding balance owed to the system; amend KRS 61.685, 61.702, 78.530, 78.5528, 78.5536, 78.640, and 78.852 to make conforming and technical changes.
Who sponsors HB 99?
HB 99 is sponsored by DJ Johnson (Republican).
What is the current status of HB 99?
This bill has been enacted into law. Introduced January 03, 2024. Enacted.
Where can I track HB 99?
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