KRS § 61.592 — KY Code / Title VIII / Chapter 61 / Section 61.592
61.592 Retirement of persons working in hazardous positions
Status: in_force

61.592 Retirement of persons working in hazardous positions.

(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 suppression or prevention, or other

positions, including but not limited to pilots of the Transportation

Cabinet and paramedics and emergency medical technicians, with duties

that require frequent exposure to a high degree of danger or peril and

also require a high degree of physical conditioning;

2. Positions in the Department of Corrections in state correctional

institutions and the Kentucky Correctional Psychiatric Center with

duties that regularly and routinely require face-to-face contact with

inmates; and

3. Positions of employees who elect coverage under KRS 196.167(3)(b)2.

and who continue to provide educational services and support to inmates

as a Department of Corrections employee.

(b) The effective date of participation under hazardous duty coverage for

positions in the Department of Alcoholic Beverage Control shall be April 1,

1998. The employer and employee contributions shall be paid by the

employer and forwarded to the retirement system for the period not previously

reported.

(2) Each employer may request of the board hazardous duty coverage for those

positions as defined in subsection (1) of this section. Upon request, each employer

shall certify to the system, in the manner prescribed by the board, the names of all

employees working in a hazardous position as defined in subsection (1) of this

section for which coverage is requested. The certification of the employer shall bear

the approval of the agent or agency responsible for the budget of the department or

county indicating that the required employer contributions have been provided for

in the budget of the employing department or county. The system shall determine

whether the employees whose names have been certified by the employer are

working in positions meeting the definition of a hazardous position as provided by

subsection (1) of this section. This process shall not be required for employees who

elect coverage under KRS 196.167(3)(b)2.

(3) (a) An employee who elects coverage under KRS 196.167(3)(b)2., and an

employee participating in the Kentucky Employees Retirement System who is

determined by the system to be working in a hazardous position in accordance

with subsection (2) of this section, shall contribute, for each pay period for

which he or she receives compensation, eight percent (8%) of his or her

creditable compensation.

(b) Each employer shall pay employer contributions based on the creditable

compensation of the employees determined by the system to be working in a

hazardous position at the employer contribution rate as determined by the

board. The rate shall be determined by actuarial methods consistent with the

provisions of KRS 61.565.

(c) If the employer participated in the system prior to electing hazardous duty

coverage, the employer may pay to the system the cost of converting the

nonhazardous service to hazardous service from the date of participation to

the date the payment is made, or the employer may establish a payment

schedule for payment of the cost of the hazardous service above that which

would be funded within the existing employer contribution rate. The employer

may extend the payment schedule to a maximum of thirty (30) years.

Payments made by the employer under this subsection shall be deposited to

the retirement allowance account of the proper retirement system and these

funds shall not be considered accumulated contributions of the individual

members. If the employer elects not to make the additional payment, the

employee may pay the cost of converting the service and provide payment for

the cost as provided by KRS 61.552(9). Payments made by the employee

under this subsection shall not be picked up, as described in KRS 61.560(4),

by the employer. If neither the employer nor employee makes the payment,

the service prior to hazardous coverage shall remain nonhazardous. The

provisions of this paragraph shall not apply to members who begin

participating in the systems administered by Kentucky Retirement Systems on

or after January 1, 2014.

(4) The normal retirement age, retirement allowance, hybrid cash balance plans except

as provided by KRS 16.583(2)(b)2. and 16.584, other benefits, eligibility

requirements, rights, and responsibilities of a member in a hazardous position, as

prescribed by subsections (1), (2), and (3) of this section, and the responsibilities,

rights, and requirements of his or her employer shall be as prescribed for a member

and employer participating in the State Police Retirement System as provided for by

KRS 16.505 to 16.652.

(5) Any person employed in a hazardous position after July 1, 1972, shall be required

to undergo a thorough medical examination by a licensed physician, and a copy of

the medical report of the physician shall be retained on file by the employee's

department or county and made available to the system upon request.

(6) If doubt exists regarding the benefits payable to a hazardous position employee

under this section, the board shall determine the benefits payable under KRS 61.510

to 61.705 or 16.505 to 16.652.