KRS § 161.507 — KY Code / Title XIII / Chapter 161 / Section 161.507
161.507 Prior service credit for veterans -- Credit for military service and uniformed service by active contributing member
Status: in_force

161.507 Prior service credit for veterans -- Credit for military service and

uniformed service by active contributing member.

(1) An active contributing member of the Teachers' Retirement System may receive

service credit for active service rendered in the uniformed services of the Armed

Forces of the United States, including the commissioned corps of the Public Health

Service, subject to the provisions of the Uniformed Services Employment and

Reemployment Rights Act of 1994 and the administrative regulations promulgated

by the board of trustees. Military service includes service in the uniformed services

that occurs before the employment of a member in a position covered by the

retirement system or where a member leaves covered employment without giving

advance written or verbal notice of performing duty in the uniformed services.

Service in the uniformed services also includes uniformed service that occurs after

employment in a position covered by the retirement system where the member has

given advance written or verbal notice of performing duty in the uniformed services

and the member returns directly from uniformed services to covered employment.

Military service may be credited only if discharge was honorable or was not

terminated upon the occurrence of any of the events listed in 38 U.S.C. sec. 4304.

Service shall be considered as Kentucky teaching service, except that service may

not be used for meeting the service requirements set forth in KRS 161.600(1)(a) or

(2) or 161.661(1) unless the service occurred after the member gave written or

verbal notice of performing duty in the uniformed services and the member returned

directly from uniformed services to covered employment. A maximum of six (6)

years of military service may be credited, but in no case a greater number of years

than the actual years of contributing service in Kentucky.

(2) No credit shall be granted for military service which has been or will be used in

qualifying for annuity benefit payments from another retirement system financed

wholly or in part by public funds.

(3) A member having twenty (20) years or more of active duty in the military service,

and who is qualified for regular federal retirement benefits based on this military

service, may not receive credit for any military service in the Teachers' Retirement

System. This subsection shall apply to service presented for credit on July 1, 1975,

and after this date.

(4) (a) A member receiving retirement credit for active duty in the armed services of

the United States prior to employment in a position covered by the retirement

system or where the member leaves covered employment without giving

advance written or verbal notice of performing duty in the uniformed services

shall pay to the retirement system the full actuarial cost of the service credit

purchased as provided under KRS 161.220(22). These contributions shall not

be picked up, as described in KRS 161.540(2). In purchasing retirement credit

for active duty in the armed services, the latest years of service shall be

considered first in allowing credit toward retirement. The board of trustees

shall adopt a table of actuarial factors to be used in calculating the amount of

contribution required for crediting this service.

(b) If military service occurred after the member gave written or verbal notice of

performing duty in the uniformed services and the member returns directly

from uniformed services to covered employment, the member shall contribute

the regular member contribution required by KRS 161.540. The member may

make the payment of delayed contributions in a lump sum payment or in

installments not to exceed five (5) years beginning with the member's date of

reemployment. Interest at the rate of eight percent (8%) per annum shall be

charged for delayed contributions beginning with the member's date of

reemployment until paid. Members participating in the supplemental benefit

component who make the regular member contribution required by this

paragraph, shall also receive the mandatory employer contributions in the

supplemental benefit component for the period of service purchased.

(5) An active contributing member of the Teachers' Retirement System may receive

service credit for service in the military reserves of the United States or the National

Guard. The member may purchase one (1) month of service for each six (6) months

of service in the reserves or the National Guard. Notwithstanding any other statute,

regulation, or policy to the contrary, the system shall provide a member, upon

request, the estimated actuarial cost of the National Guard or military reserves

service purchase based upon the information available at the time of the request.

The member shall be entitled to enter into a contract with the system at the time of

the request to purchase the National Guard or military reserve service by paying to

the system the estimated actuarial cost, either by installments or in lump sum. The

member shall pay the full actuarial cost of this service in the military reserves or the

National Guard as provided in KRS 161.220(22). Service in the military reserves or

the National Guard shall be treated as service earned prior to participation in the

system and shall not be used for meeting the service requirements set forth in KRS

161.600(1)(a) or (2) or 161.661(1). The payment shall not be picked up by the

employer, as described in KRS 161.540(2).