KRS § 67A.360 — KY Code / Title IX / Chapter 67A / Section 67A.360
67A.360 Definitions for KRS 67A.360 to 67A.690
Status: in_force

67A.360 Definitions for KRS 67A.360 to 67A.690.

Words and phrases, wherever used in KRS 67A.360 to 67A.690, unless a different

meaning is clearly indicated by the context, shall have the following meanings:

(1) "Fund" shall mean the "Police and Fire Retirement Fund of the ....

Urban-County Government";

(2) "Government" shall mean the governmental unit of any urban-county

government in the Commonwealth of Kentucky, including the governmental

unit of any former urban-county government which changes its form of

government, class or other status;

(3) "Department" shall mean the police department or the fire department of a

government;

(4) "Board" shall mean the board of trustees provided in KRS 67A.360 to 67A.690

as the agency responsible for the direction and operation of the affairs and

business of the fund. The board shall hold title to all assets of the fund;

(5) "Member" shall mean any member of the police or fire department who is

included in the membership of the fund;

(6) "Service" shall mean actual employment in a department of a government, or a

city existing within the boundaries of the government immediately prior to the

establishment of an urban-county government, for salary or compensation, or

service otherwise creditable as herein provided;

(7) "Prior service" shall mean service rendered prior to the date of establishment

of the fund or the fund of a city existing within the boundaries of the

government immediately prior to the establishment of an urban-county

government;

(8) "Membership service" shall mean service rendered on or after the date of

establishment of the fund or the fund of a city existing within the boundaries of

the government immediately prior to the establishment of an urban-county

government;

(9) "Total service" shall mean prior service, membership service, and service

credit purchased by a member as provided in KRS 67A.402;

(10) "Regular interest" shall mean such rate of interest as shall be fixed by the

board, provided that for the first five (5) years of operation of the fund the rate

shall be not less than three percent (3) per annum, compounded annually;

(11) "Occupational disability" shall mean disability due to occupational causes,

including but not limited to injury or disease. The presumption of contracting

disease "while on active duty as a result of strain or the inhalation of noxious

fumes, poisons or gases" created by KRS 79.080 shall be a presumption of

"occupational disability" hereunder;

(12) "Occupational death" shall mean death due to occupational causes, including

but not limited to injury or disease;

(13) "Average salary" shall mean the highest average annual salary of the member

for any three (3) consecutive years of service within the total service of the

member, including employee contributions picked up after August 1, 1982

pursuant to KRS 67A.510(2);

(14) The masculine pronoun, wherever used, shall include the feminine pronoun;

and widow shall include widower;

(15) The fiscal year of the fund shall date from July 1 of any year to June 30 of the

next year following;

(16) "Total disability" shall mean a disability which substantially precludes a person

from performing with reasonable regularity the substantial and material parts of

any gainful work or occupation in the service of the department that he would

be competent to perform were it not for the fact that the impairment is founded

upon conditions which render it reasonably certain that it will continue

indefinitely;

(17) "Minor child" includes, as applicable, a child under the age of twenty-three (23)

still engaged in full-time education;

(18) "Mayor," "commissioner of finance," "commissioner of public safety," and

"director of human resources" shall mean the persons holding the office or job

most closely resembling the ordinary meaning of such terms, in the event that

a government does not have an office so described;

(19) "Salary" means the member's actual base rate of pay and any other

compensation that the government chooses to include. "Salary" shall include

longevity pay, training incentive pay, hazardous duty and special duty pay, and

salary credited as provided by KRS 67A.430(1)(d), but shall exclude uniform

and equipment allowances, uniform maintenance allowances, education

incentive pay, annual payments for excess accumulated sick leave credit,

compensation for overtime work, except for scheduled overtime of fire

department members, and any other compensation excluded by the

government;

(20) "Participation date" means the date the member was hired by the government

in a position eligible to participate in the fund;

(21) "Actuarial funding level" means the actuarial value of assets divided by the

actuarially accrued liability expressed as a percentage that is determined and

reported by the actuary in the annual actuarial valuation of the fund; and

(22) "Surviving spouse" means a person legally married to an active or retired

member of the fund on the date of the active or retired member's death and

who satisfies any length of marriage requirements for entitlement to benefits

under KRS 67A.360 to 67A.690.