Title VIII, Offices and Officers

(Effective April 1, 2021) (1) The membership of any person in the system shall cease: (a) Upon withdrawal of his accumulated account balance at or any time after termination of employment, regardless of length of service; (b) Upon disability retirement; (c) Upon service retiremen…

(1) Under administrative regulations promulgated by the board, each member and each employer may file at the retirement office, in the form the board may prescribe, a statement of the facts pertaining to the member and other information the system may require. (2) The Authority s…

The creditable compensation of fee officers who receive salary, fees, maintenance, or other perquisites as a result of their official duties is the gross amount received decreased by the cost of salary paid deputies and clerks and the cost of office supplies and other official ex…

change in certain conditions -- Designation following cessation of membership. (1) Prior to the first day of the month in which the member receives his or her first retirement allowance and prior to the member filing a notification of retirement or a request for refund: (a) Each …

Educational leave. (1) (a) Employee contributions shall be deducted each payroll period from the creditable compensation of each employee of an agency participating in the retirement system while he is classified as regular full-time as defined in KRS 61.510 unless the employee d…

(1) The Authority shall determine by appropriate administrative regulations how much service in any year is the equivalent of a year of service credit and how much service in any calendar month is the equivalent of a month of service credit. It shall not allow credit for more tha…

(1) Except as otherwise provided by this section, any member of the Kentucky Employees Retirement System or the State Police Retirement System whose retirement date is July 14, 1984, or thereafter, shall receive credit for unused sick leave accrued while contributing to the retir…

Any other statute to the contrary notwithstanding, the Executive Department of government shall accept from the Judicial and Legislative Departments of government, all accrued annual and sick leave balances and service credits of employees leaving such departments and accepting a…

When membership ceases, except in the case of retirement, the member shall thereafter lose all right to any retirement allowance or benefits under KRS 61.510 to 61.705 and 16.505 to 16.652 arising from service prior to the date of such cessation of membership. Effective:April 1, …

(1) Called to Active Duty Military Service. An employee of an employer participating in the system who is called to active military duty in the Armed Forces of the United States shall be credited in accordance with 38 U.S.C. sec. 4318 with service credit, creditable compensation,…

Catchline at repeal: Method for determining purchase of service credit -- Exceptions.

A Kentucky Employees Retirement System member's work performed in the Department of Kentucky State Police or its predecessor agency, the State Highway Patrol, prior to July 1, 1956, shall be creditable as prior service in the Kentucky Employees Retirement System if the member has…

Catchline at repeal: Persons employed by Legislative Research Commission for six legislative bienniums may purchase credit in Kentucky Employees Retirement System.

Catchline at repeal: Service credit, creditable compensation, and other credits for military service.

(1) Inasmuch as the takeover of the Kentucky State Employment Service by the federal government, through its United States Employment Service and War Manpower Commission, was recognized by both federal and state governments as a temporary measure during the war emergency, and the…

Catchline at repeal: Service credit for other public employment by delayed contribution payment -- Recalculation of benefits for retirees.

participating before January 1, 2014. (1) In lieu of any other benefits due under KRS 61.510 to 61.705, a member who begins participating before September 1, 2008, who has attained the age of sixty-five (65) and who has obtained at least one (1) month of service credit but no mor…

(1) Each employee shall, commencing on August 1, 1986, contribute for each pay period for which he receives compensation five percent (5%) of his creditable compensation, except that members of the General Assembly, who elect the survivorship option provided in KRS 61.635(13), sh…

accrued liability -- Contribution -- Notification of change in employer contribution rate -- Costs for employer pay credits -- Employers to pay full contribution. (1) (a) Each employer participating in the State Police Retirement System as provided for in KRS 16.505 to 16.652 and…

A credit union whose employees are eligible for membership in the system as provided in KRS 61.525 shall make employer's contributions to the system on behalf of its employees.

(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 Commission on Human Rights shall deduct from the employee's reinstated creditable compensation and rem…

All of the assets of the system shall be held and invested in the Kentucky employees retirement fund and credited, according to the purpose for which they are held, to one (1) of three (3) accounts, namely, the members' account, the retirement allowance account, and accounts esta…

retirement allowance account. (1) The members' account shall be the account to which: (a) All members' contributions, or contributions picked up by the employer after August 1, 1982, and interest allowances as provided in KRS 61.510 to 61.692 shall be credited, except as provided…

The retirement allowance account shall be the account in which shall be accumulated all employer contributions and amounts transferred from the members' account, and to which all income from the invested assets of the system shall be credited. From this account shall be paid the …

Catchline at repeal: Uninvested funds -- Maximum.

Allowance forms -- Selection of payment option -- Effective date. (1) (a) A member or beneficiary eligible to receive retirement benefits under any of the provisions of KRS 61.510 to 61.705, 78.510 to 78.852, and 16.510 to 16.652 shall have on file at the retirement office on the…

(1) (a) "Hazardous position" for employees participating in the Kentucky Employees Retirement System means: 1. Any position whose principal duties involve active law enforcement, including the positions of probation and parole officer and Commonwealth detective, active fire suppr…

Any former member of the Kentucky Employees Retirement System who was determined to be in a hazardous position in accordance with KRS 61.592(1) and (2) and whose service retirement from such position was effective after such determination but prior to July 1, 1976, due to the rev…

(1) Effective July 1, 1990, upon retirement at normal retirement date or subsequent thereto, a Kentucky Employees Retirement System member may receive an annual retirement allowance, payable monthly during his or her lifetime, which shall consist of an amount equal to one and nin…

after September 1, 2008, but before January 1, 2014 -- Participation in hybrid cash balance plan -- Private letter ruling -- Administrative regulations -- Restriction. Notwithstanding any provision of KRS 16.505 to 16.652, 61.510 to 61.705, and 78.510 to 78.852 to the contrary: (…

Catchline at repeal: Optional 401(a) money purchase plan for new nonhazardous members who begin participating in KERS or CERS on or after January 1, 2019. (Declared void -- See LRC Note Below)

Catchline at repeal: Service credit bonus for early retirement -- Payments by agencies -- Forfeiture upon reemployment.

Retirement System in nonhazardous duty positions -- Member contributions and employer pay credits -- Interest credits -- Termination of employment -- Options upon retirement. (1) A member of the Kentucky Employees Retirement System who is participating in a nonhazardous position,…

five years of service for employees retiring on or after January 1, 2018 -- Exceptions -- Employer to pay actuarial costs resulting from certain increases in creditable compensation -- Inquiries from employers -- Hearing and appeal -- Reporting of exemptions -- Inapplicability to…

Retirement System. (1) The annual retirement allowance for a member of the Kentucky Employees Retirement System shall not exceed the maximum benefit as set forth in the Internal Revenue Code. (2) (a) The retirement allowance for a member of the Kentucky Employees Retirement Syste…

-- Audits -- Legislative intent regarding future appropriations to subsidize retirement costs -- Non-core services independent contractor. Except as otherwise provided by this section, the following shall apply to nonhazardous employers in the Kentucky Employees Retirement System…

(1) Any person may qualify to retire on disability, subject to the following conditions: (a) The person shall have sixty (60) months of service, twelve (12) of which shall be current service credited under KRS 16.543(1), 61.543(1), or 78.615(1); (b) For a person whose membership …

(1) Upon disability retirement, except as provided by subsection (2) of this section, an employee may receive an annual retirement allowance payable monthly during his or her lifetime which shall be determined in the same manner as for retirement at his or her normal retirement d…

increased as a result of legislation -- Annual report by disability recipient. Notwithstanding any other provisions of KRS 16.505 to 16.652 or 61.510 to 61.705, a maximum disability benefit is hereby established which shall apply, upon disability retirement, to any disabled emplo…

review forms -- Duty of system to assist in obtaining records -- Disability fraud investigator. (1) Once each year following the retirement of a person on a disability retirement allowance, except for persons who become totally and permanently disabled as a direct result of an ac…

Discontinuance -- Determinations by medical examiner or vocational expert -- Hearings and appeals -- Early retirement and reinstatement of disability allowance for member who began participating before January 1, 2014. (1) (a) The Authority may contract for the services of one (1…

Catchline at repeal: Disability retirement allowance -- Cessation -- Effect of reemployment.

Benefits for surviving spouse and dependent children -- Receipt of benefits pending final determination. (1) Notwithstanding any provision of any statutes to the contrary, effective June 1, 2000, any employee participating in one (1) of the state-administered retirement systems w…

(1) A recipient who begins receiving a retirement allowance August 1, 2000, or after, from the Kentucky Employees Retirement System, the County Employees Retirement System, or the State Police Retirement System shall have the retirement allowance paid by electronic fund transfer …

(1) (a) Prior to the member's effective retirement date, a member if living, or if not living, his or her designated beneficiary, shall have the right to request a refund of his or her accumulated account balance if the member's employment has been terminated and the member is no…

Catchline at repeal: Transfer of contributions -- Conditions.

(1) If a retired member who did not elect an optional retirement plan dies at any time on or after the first day of the month in which the member received or would have received his or her first retirement allowance but before receiving total retirement allowances provided in KRS…

(1) Each member shall have the right to elect to have his or her retirement allowance payable under any one (1) of the options set forth in this section in lieu of the retirement allowance otherwise payable to the member upon retirement under any of the provisions of KRS 16.505 t…

Recomputation of allowance -- Waiver of provisions in certain instances -- Reemployment in a different position -- Effect of reemployment of retired member -- Retired member serving as volunteer, independent contractor, or leased employee -- Effect of reelection for same office -…

(1) If a member dies prior to the first day of the month in which the member would have received his or her first retirement allowance, the member's beneficiary shall be eligible for the benefits provided by this section if the member had on file a written designation of a benefi…