KRS § 61.661 — KY Code / Title VIII / Chapter 61 / Section 61.661
61.661 Member's account confidential -- Release of certain information from accounts of current or former legislators -- Response to subpoenas
Status: in_force

61.661 Member's account confidential -- Release of certain information from

accounts of current or former legislators -- Response to subpoenas.

(1) (a) Each current, former, or retired member's account shall be administered

in a confidential manner, and specific data regarding a current, former, or

retired member shall not be released for publication, except that:

1. The member or recipient may authorize the release of his or her

account information;

2. The Kentucky Public Pensions Authority may release account

information to the employer or to other state and federal agencies as

it deems necessary or in response to a lawful subpoena or order

issued by a court of law, except that the Kentucky Public Pensions

Authority shall be required to release account information to the

employer as required by KRS 61.565(1)(d)1.b.; or

3. a. Upon request by any person, the systems shall release the

following information from the accounts of any member or

retired member of the Kentucky Employees Retirement

System, the County Employees Retirement System, or the

State Police Retirement System, if the member or retired

member is a current or former officeholder in the Kentucky

General Assembly:

i. The first and last name of the member or retired member;

ii. The system or systems in which the member has an

account or from which the retired member is receiving a

monthly retirement allowance;

iii. The status of the member or retired member, including

but not limited to whether he or she is a contributing

member, a member who is not currently contributing to

the systems but has not retired, a retired member, or a

retired member who has returned to work following

retirement with an agency participating in the systems;

iv. If the individual is a retired member, the monthly

retirement allowance that he or she was receiving at the

end of the most recently completed fiscal year;

v. If the individual is a member who has not yet retired, the

estimated monthly retirement allowance that he or she is

eligible to receive at his or her normal retirement date

based upon his or her service credit, final compensation,

and accumulated account balance at the end of the most

recently completed fiscal year; and

vi. The current employer or last participating employer of the

member or retired member, if applicable.

b. No information shall be disclosed under this subparagraph

from an account that is paying benefits to a beneficiary due to

the death of a member or retired member.

(b) A current, former, or retired member's account shall be exempt from the

provisions of KRS 171.410 to 171.990.

(c) The release of information under paragraph (a)3. of this subsection shall

not constitute a violation of the Open Records Act, KRS 61.870 to 61.884.

(2) (a) When a subpoena is served upon any employee of the Kentucky

Retirement Systems, the County Employees Retirement System, or the

Kentucky Public Pensions Authority, requiring production of any specific

data regarding a current, former, or retired member, it is sufficient if the

employee of the Kentucky Public Pensions Authority charged with the

responsibility of being custodian of the original delivers within five (5)

working days, by certified mail or by personal delivery, legible and durable

copies of records, certified by the employee, or an affidavit stating the

information required by the subpoena to the person specified in the

subpoena. The production of documents or an affidavit shall be in lieu of

any personal testimony of any employee of the Kentucky Retirement

Systems, the County Employees Retirement System, or the Kentucky

Public Pensions Authority, unless, after the production of documents or

affidavit, a separate subpoena is served upon the systems or the

Authority specifically directing the testimony of an employee of the

systems or of the Authority. When a subpoena is served on any employee

of the systems or of the Authority requiring the employee to give

deposition for any purpose, in the absence of a court order requiring the

deposition of a specific employee, the systems or the Authority may

designate an employee to be deposed upon the matter referred to in the

subpoena.

(b) The certification required by this subsection shall be signed before a

notary public by the employee and shall include the full name of the

member or recipient, the member's or recipient's Social Security number,

and a legend substantially to the following effect: "The records are true

and complete reproductions of the original or microfiched records which

are housed in the retirement systems office. This certification is given in

lieu of his or her personal appearance."

(c) When an affidavit or copies of records are personally delivered, a receipt

shall be presented to the person receiving the records for his or her

signature and shall be immediately signed and returned to the person

delivering the records. When an affidavit or copies of records are sent via

certified mail, the receipt used by the postal authorities shall be sufficient

to prove delivery and receipt of the affidavit or copies of records.

(d) When the affidavit or copies of records are delivered to a party for use in

deposition, they shall, after termination of the deposition, be delivered

personally or by certified mail to the clerk of the court or other body before

which the action or proceeding is pending. It shall be the responsibility of

the party or attorney to transmit the receipt obtained to the employee of

the Kentucky Public Pensions Authority charged with responsibility of

being custodian of the original. Upon issuance of a final order terminating

the case and after the normal retention period for court records expires,

the affidavit or copies of records shall be permanently disposed of by the

clerk in a manner that protects the confidentiality of the information

contained therein.

(e) Records of the Kentucky Public Pensions Authority that are susceptible to

photostatic reproduction may be proved as to foundation, identity, and

authenticity without any preliminary testimony, by use of legible and

durable copies, certified in accordance with the provisions of this

subsection.