reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 101 - PERSONNEL › Chapter 2 - Personnel Cabinet, Classified › Section 101 KAR 2:210 - 2023 and 2024 Plan Year Handbooks for the Public Employee Health Insurance Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				18A.030,
				18A.225,
				18A.2254
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				18A.2254(1)(a) 1 requires
				the secretary of the Personnel Cabinet to promulgate an administrative
				regulation to incorporate by reference the plan year handbook distributed by
				the Department of Employee Insurance to public employees covered under the
				self-insured plan and establishes the minimum requirements for the information
				included in the handbook. This administrative regulation incorporates by
				reference the plan year Benefits Selection Guide, which is the handbook
				distributed by the department to public employees for the 2023 and 2024 Plan
				Years as required by KRS
				18A.2254(1)(a) 1.
Section 1. The Department of Employee
			 Insurance shall distribute or make available to the public employees covered
			 under the self-insured plan the 2023 Plan Year Kentucky Employees' Health Plan
			 Benefits Selection Guide, which shall include the premiums, employee
			 contributions, employer contributions, and a summary of benefits, copays,
			 coinsurance, and deductibles for each plan provided to the public employees
			 covered under the self-insured plan.
Section
			 2.
(1) The Department of
			 Employee Insurance shall distribute or make available to the public employees
			 covered under the self-insured plan the 2024 Plan Year Kentucky Employees'
			 Health Plan Benefits Selection Guide, which shall include the premiums,
			 employee contributions, employer contributions, and a summary of benefits,
			 copays, coinsurance, and deductibles for each plan provided to the public
			 employees covered under the self-insured plan.
(2) The 2024 Plan Year Kentucky Employees'
			 Health Plan Benefits Selection Guide shall govern the health plan benefits for
			 public employees covered under the self-insured plan beginning January 1,
			 2024.
Kentucky Administrative Regulations › Title 101 - PERSONNEL › Chapter 2 - Personnel Cabinet, Classified › Section 101 KAR 2:210 - 2024 Plan Year Handbook for the Public Employee Health Insurance Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				18A.030,
				18A.225,
				18A.2254
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				18A.2254(1)(a) 1 requires the
				secretary of the Personnel Cabinet to promulgate an administrative regulation
				to incorporate by reference the plan year handbook distributed by the
				Department of Employee Insurance to public employees covered under the
				self-insured plan and establishes the minimum requirements for the information
				included in the handbook. This administrative regulation incorporates by
				reference the plan year Benefits Selection Guide, which is the handbook
				distributed by the department to public employees for the 2024 Plan Year as
				required by KRS
				18A.2254(1)(a) 1.
Section 1. The Department of Employee
			 Insurance shall distribute or make available to the public employees covered
			 under the self-insured plan the 2024 Plan Year Kentucky Employees' Health Plan
			 Benefits Selection Guide, which shall include the premiums, employee
			 contributions, employer contributions, and a summary of benefits, copays,
			 coinsurance, and deductibles for each plan provided to the public employees
			 covered under the self-insured plan.
Section
			 2. Incorporation by Reference.
(1) "2024 Plan Year Kentucky Employees'
			 Health Plan Benefits Selection Guide", 2024 edition, is incorporated by
			 reference.
(2) This material may be
			 inspected, copied, or obtained, subject to applicable copyright law, at the
			 Personnel Cabinet, 501 High Street, 3rd Floor, Frankfort, Kentucky 40601,
			 Monday through Friday, 8:00 a.m. to 4:30 p.m. The material incorporated by
			 reference is also available on the Personnel Cabinet's Web site on the Kentucky
			 Employees' Health Plan page under KEHP Documents at
https://personnel.ky.gov/Pages/Kentucky-Employees'-Health-Plan.aspx
.
Kentucky Administrative Regulations › Title 101 - PERSONNEL › Chapter 2 - Personnel Cabinet, Classified › Section 101 KAR 2:221 - Employee Educational Assistance Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				18A.110(7)(i),
				164.357
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				18A.110(7)(i) requires the
				Secretary of the Personnel Cabinet to promulgate administrative regulations
				which govern the development and operation of programs to improve the work
				effectiveness of employees in the state service, including training, health,
				welfare, counseling and employee relations. This administrative regulation
				establishes the requirements for employee participation in and the agency
				reporting obligations relating to the Employee Educational Assistance Program
				to ensure that agencies are maintaining and reporting required usage
				data.
Section 1. Definitions.
(1) "Educational assistance" means the
			 financial assistance provided to an employee by the employee's cabinet or
			 agency for the purpose of continuing the employee's education or training,
			 based on the educational needs of the workforce, which results in an improved
			 workforce and assists the employee in the achievement of individual career
			 goals.
(2) "Educational providers"
			 means accredited public or private degree-granting postsecondary education
			 institutions, educational television, accredited correspondence or online
			 schools, secondary schools, General Educational Development (GED) preparatory
			 programs, Kentucky Virtual Campus (KYVC), or other approved education or
			 training providers.
(3) "Employee
			 Educational Assistance Program" means the program established by this
			 administrative regulation.
(4)
			 "Satisfactory Grade" means:
(a) a grade of "C"
			 or higher for undergraduate or law school courses;
(b) a grade of "B" or higher for
			 graduate-level or other professional studies courses; or
(c) "Pass" for courses which are graded on a
			 "Pass/Fail" basis.
(5)
			 "Service obligation" means the six (6) month minimum period of time that an
			 employee is obligated to work in state government following the receipt of
			 educational assistance, beginning:
(a)
1. On the educational provider's published
			 end date of the academic term in which the employee is receiving educational
			 assistance; or
2. If no published
			 end date exists, on the date of the last class activity, such as the final
			 exam, the date a final paper is submitted, or the last scheduled class session;
			 and
(b) If the employee
			 has achieved a satisfactory grade on the current coursework.
(6) "Special-Purpose Educational
			 Assistance Program" means coursework or specified training that has been
			 predetermined by a cabinet or agency to be mandatory or job related that is
			 required to meet accreditation, or certification or professional
			 standards.
Kentucky Administrative Regulations › Title 101 - PERSONNEL › Chapter 3 - Personnel Cabinet, Unclassified › Section 101 KAR 3:015 - Leave requirements for unclassified service

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				18A.020,
				18A.030,
				18A.110,
				18A.140,
				18A.145,
				18A.195,
				18A.990,
				61.373,
				61.394,
				118.035,
				344.030,
				29 C.F.R. 825,
				29
				U.S.C. 8,
				29
				U.S.C. 201-
				219,
				2601 -
				2654
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				18A.030(2)(b) requires the
				Secretary of Personnel to promulgate administrative regulations, consistent
				with KRS Chapter 18A and federal standards, for the administration of a
				personnel system.
				KRS
				18A.110(2) and
				18A.155
				require the secretary to promulgate administrative regulations for the
				unclassified service.
				KRS
				18A.110(7)(g) requires the
				secretary, with the approval of the Governor, to promulgate administrative
				regulations to govern annual leave, sick leave, special leaves of absence, and
				other conditions of leave. This administrative regulation establishes the leave
				requirements for unclassified employees.
Section
			 1. Annual Leave.
(1) Accrual of
			 annual leave.
(a) Each full-time employee
			 shall accumulate annual leave at the following rate:
Months of Service
Annual Leave Days
0-59 months
1 leave day per month; 12 per year
60-119 months
1 1/4 leave days per month; 15 per year
120-179 months
1 1/2 leave days per month; 18 per year
180-239 months
1 3/4 days per month; 21 per year
240 months & over
2 leave days per month; 24 per year
(b) A
			 full-time employee shall have worked, or been on paid leave, other than
			 educational leave with pay, for 100 or more regular hours per month to accrue
			 annual leave. This shall not include hours worked in excess of the prescribed
			 hours of duty.
(c) Accrued leave
			 shall be credited on the first day of the month following the month in which
			 the annual leave is earned.
(d) In
			 computing months of total service for the purpose of earning annual leave, only
			 the months for which an employee earned annual leave shall be
			 counted.
(e) A former employee who
			 has been rehired shall receive credit for months of prior service, unless the
			 employee had been dismissed for cause or has retired from a position covered by
			 a state retirement system.
(f) A
			 part-time employee shall not be entitled to accrue annual leave.
Kentucky Administrative Regulations › Title 101 - PERSONNEL › Chapter 3 - Personnel Cabinet, Unclassified › Section 101 KAR 3:045 - Compensation plan and pay incentives for unclassified service

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				18A.110,
				18A.155,
				18A.202,
				199.555
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				18A.155 requires the Secretary of Personnel
				to promulgate administrative regulations for persons in positions enumerated in
				KRS
				18A.115(1)(g), (h), (i), (j), (k), (p), (t), and
				(u).
				KRS
				18A.110 requires the secretary to promulgate
				comprehensive administrative regulations for the unclassified service.
				KRS
				18A.202 authorizes the secretary to implement
				work-related incentive programs for state employees. This administrative
				regulation establishes the compensation plan and pay incentives for employees
				in unclassified service.
Section 1.
			 New Appointments. An appointing authority shall appoint a new employee at a
			 salary not to exceed the midpoint of the pay grade.
Section 2. Reentrance to State Service.
(1) Returning retirees. An employee who was
			 formerly employed under KRS Chapter 18A and who is appointed to a position
			 covered by the provisions of KRS Chapter 18A, while receiving retirement
			 payments through the Kentucky Public Pensions Authority or Kentucky Teachers
			 Retirement System, shall be appointed in accordance with the provisions for new
			 appointments in this administrative regulation.
(2) Other reentering employees. An appointing
			 authority shall set the salary of a former classified or unclassified employee,
			 other than a returning retiree:
(a) In
			 accordance with the standards used for making new appointments in this
			 administrative regulation; or
(b)
			 Up to a salary formerly paid in the classified or unclassified
			 service.
Kentucky Administrative Regulations › Title 101 - PERSONNEL › Chapter 3 - Personnel Cabinet, Unclassified › Section 101 KAR 3:050 - Unclassified service; promotion, transfer, and disciplinary actions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				12.040,
				12.050,
				18A.110,
				18A.115,
				18A.155
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				18A.110(2) requires the
				Secretary of Personnel to promulgate comprehensive administrative regulations
				for the unclassified service.
				KRS
				18A.155(1) requires the
				Secretary of Personnel to promulgate administrative regulations for persons in
				positions as established in
				KRS
				18A.115(1)(g), (h), (i), (j), (k), (p), (t), and
				(u). This administrative regulation
				establishes requirements for the employment, promotion, transfer, or discipline
				of employees in unclassified service.
Section
			 1. Appointment.
(1) An employee
			 appointed to a position in the unclassified service, subject to this
			 administrative regulation, shall meet the minimum requirements established for
			 the class of position to which the appointment is made.
(2) If an interim employee serves in an
			 interim capacity, the interim shall be for less than nine (9) full months in a
			 single department or office during a twelve (12) month period.
(3) An employee appointed to a position
			 subject to this administrative regulation shall serve at the will of the
			 appointing authority and shall be subject to termination without prior notice
			 or cause.
(4) If the appointment is
			 to a position requiring approval pursuant to
			 KRS
			 12.040 or
			 12.050,
			 approval shall be obtained prior to the effective date of the
			 appointment.
Kentucky Administrative Regulations › Title 101 - PERSONNEL › Chapter 6 - Personnel Cabinet, General › Section 101 KAR 6:010 - Living organ donor leave

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				18A.025,
				18A.110
NECESSITY, FUNCTION and CONFORMITY: KRS 18A.194 requires the
				secretary of the Personnel Cabinet to promulgate administrative regulations to
				implement the provisions of the Commonwealth of Kentucky Organ Donor Leave
				Program. This administrative regulation establishes living organ donor leave
				procedures.
Section 1. Eligibility.
(1) A full-time employee of the executive,
			 judicial, or legislative branch of the Commonwealth of Kentucky may request to
			 receive paid living organ donor leave.
(2) Eligibility for living organ donor leave
			 shall be limited to donations of bone marrow and any part of a human intestine,
			 kidney, liver, lung, or pancreas.
Kentucky Administrative Regulations › Title 101 - PERSONNEL › Chapter 6 - Personnel Cabinet, General › Section 101 KAR 6:020 - Kentucky Employees Charitable Campaign

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				15.905,
				15.935,
				41.400,
				26 U.S.C.
				501(c)(3)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 18A.030
				and
				18A.110
				require the Secretary of Personnel to promulgate comprehensive administrative
				regulations for the classified and unclassified service. 2022 Ky. Acts ch. 75,
				sec. 21 requires the Personnel Cabinet to promulgate administrative regulations
				to require the Kentucky Employees Charitable Campaign to include the Child
				Victims' Trust Fund as a participating charitable organization. This
				administrative regulation establishes procedures and requirements for the
				Kentucky Employees Charitable Campaign.
Section
			 1. Definitions.
(1) "Charitable
			 federation" means a legally constituted grouping, made up of or supporting at
			 least ten (10) health and human welfare organizations, all of which:
(a) Qualify as exempt voluntary charitable
			 organizations pursuant to
			 26 U.S.C.
			 501(c)(3); and
(b) Have a substantial Kentucky
			 presence.
Kentucky Administrative Regulations › Title 102 - TEACHERS' RETIREMENT SYSTEM › Chapter 1 - General Rules › Section 102 KAR 1:010 - Rules and administrative regulations

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 161.220-161.710
NECESSITY, FUNCTION, AND CONFORMITY: Each school district and
				educational agency which employs members of the Teachers' Retirement System has
				the right to adopt rules and administrative regulations which affect their
				employees. This administrative regulation is intended to assure that such rules
				and administrative regulations which refer to the Teachers' Retirement System
				are in conformity with the statutes and administrative regulations under which
				the system operates.
Section 1. All
			 rules and administrative regulations of school districts and institutions of
			 learning relating to retirement shall conform to the Teachers' Retirement
			 Act.
STATUTORY AUTHORITY:
				  KRS
				  161.310
Kentucky Administrative Regulations › Title 102 - TEACHERS' RETIREMENT SYSTEM › Chapter 1 - General Rules › Section 102 KAR 1:030 - Substitute teachers and nonuniversity, noncommunity college part-time members

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				161.545,
				161.5465,
				161.600(1)(a),
				(b),
				161.612,
				161.661(1)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				161.545 authorizes members of the Teachers'
				Retirement System to receive service credit for substitute and part-time
				service, towards which contributions were not otherwise made, only in
				accordance with trustee administrative regulations.
				KRS
				161.310(1) requires the
				Teachers' Retirement System Board of Trustees to promulgate administrative
				regulations for the administration of the funds of the retirement system and
				for the transaction of business. This administrative regulation establishes the
				requirements for evaluating and crediting that service, including balance of
				the year purchases.
Section 1. A
			 member substituting for at least seven-tenths (7/10) of the legal school year
			 for a local school district or districts may make contributions for a full year
			 and receive a full year of service credit.
Section 2.
(1) A member, not employed by a university,
			 college or community college, who is employed part time and who teaches or is
			 paid on the basis of at least seven-tenths (7/10) of regular full-time service
			 may make contributions for the balance of the contract year.
(2) Members who are employed on a part-time
			 basis after the start of a regular contract year shall not be eligible to
			 obtain service credit for any period of the contract year prior to the date of
			 their employment.
Kentucky Administrative Regulations › Title 102 - TEACHERS' RETIREMENT SYSTEM › Chapter 1 - General Rules › Section 102 KAR 1:032 - Bona Fide Retirement

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				161.420(5),
				161.540(2),
				161.605,
				161.677,
				161.700(4),
				26 U.S.C.
				401(a),
				414(h),
				26 C.F.R. 1.401-1, 1.401(a)-1
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				161.310 requires the Board of Trustees of
				Teachers' Retirement System (TRS) to promulgate administrative regulations for
				the administration of funds of the retirement system.
				KRS
				161.716 requires the board to promulgate
				administrative regulations as are necessary to remove any conflicts with
				federal law. TRS is a qualified plan under Section 401(a) et seq. of the
				Internal Revenue Code. As a qualified plan, member contributions are
				"picked-up" contributions under IRC Section 414(h) and made to TRS on a
				tax-deferred basis. This administrative regulation establishes guidelines to
				help ensure that a bona fide retirement has occurred under federal law before a
				member returns to employment with a TRS-participating employer. This
				administrative regulation is necessary to help maintain compliance with federal
				tax law and the qualified status of TRS under IRC Section 401(a) et seq.
Section 1. Definitions.
(1) "Bona fide retirement" means a complete
			 cessation of all employment relationships between the member and any
			 participating employer, regardless of whether the position is one that
			 participates in TRS, and that there shall be no prearranged agreement prior to
			 retirement between the member and any participating employer that the member
			 will be reemployed or otherwise return to work for the employer in any
			 capacity.
(2) "Break in service"
			 means the period of time required under
			 KRS
			 161.605(7)(a)-(b) during
			 which the member shall have a complete separation from service before becoming
			 reemployed with any participating employer.
(3) "Participating employer" means an
			 employer that participates in TRS pursuant to
			 KRS
			 161.220(4).
(4) "Reemployed" and "Reemployment," unless
			 indicated otherwise in this administrative regulation, shall mean employment as
			 defined by
			 KRS
			 161.220(12) following
			 retirement with a participating employer and shall include both paid and unpaid
			 employment and full-time, part-time, temporary, seasonal, voluntary, and hourly
			 employment.
(5) "Reemployment date"
			 means the first date that the member is reemployed after their retirement
			 date.
(6) "Retirement date" means
			 the member's most recent effective retirement date with TRS.
Kentucky Administrative Regulations › Title 102 - TEACHERS' RETIREMENT SYSTEM › Chapter 1 - General Rules › Section 102 KAR 1:035 - Employment by retired members; calculation of the Daily Wage Threshold and Average Daily Rate

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 161.500,
				161.605
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				161.310 requires the Board of Trustees of the
				Teachers' Retirement System of the State of Kentucky to promulgate
				administrative regulations for the administration of retirement system funds
				and for the transaction of business. This administrative regulation establishes
				procedures necessary to administer
				KRS
				161.605, concerning income limitations
				required for employment by retired members.
Section
			 1. Definitions.
(1) "Average
			 Daily Rate (ADR)" means the average daily rate of pay a retired member
			 returning to work receives over a fiscal year as calculated under this
			 administrative regulation.
(2)
			 "Daily Wage Threshold (DWT)" means the limitations of seventy-five (75) percent
			 or sixty-five (65) percent of a member's last annual compensation measured on a
			 daily rate as prescribed in
			 KRS
			 161.605(1) and
			 (2).
(3) "Extra Service" means service that is not
			 part of, and is provided outside of, the service provided for Position Contract
			 Days and does not earn service credit. It includes, service for which
			 compensation is paid from the district's supplemental or extra service salary
			 schedules, coaching, professional development, and summer school.
(4) "Position Contract Days" means days
			 during the regular school or fiscal year that are part of the normal school
			 calendar and are performed during regular school hours that, standing alone
			 without any other worked service, earn service credit in TRS. It includes
			 service performed on these days through full-time employment as defined in
			 KRS
			 161.220(21), part-time
			 employment, and substitute teaching. It does not include extra service as
			 defined by this section.
Kentucky Administrative Regulations › Title 102 - TEACHERS' RETIREMENT SYSTEM › Chapter 1 - General Rules › Section 102 KAR 1:036 - Part-time service for university, college, and community college members

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				161.220(4),
				161.545,
				161.5465
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				161.545 authorizes members of the Teachers'
				Retirement System to make contributions based on part-time service in
				accordance with trustee administrative regulations.
				KRS
				161.310(1) requires the
				Teachers' Retirement System Board of Trustees to promulgate administrative
				regulations for the administration of the funds of the retirement system and
				for the transaction of business. This administrative regulation establishes the
				service towards which contributions may be made and the procedures for
				crediting those contributions.
Section
			 1. Active, contributing members who opt to purchase service credit
			 pursuant to this administrative regulation and who are employed on a part-time
			 basis in a position listed in
			 KRS
			 161.220(4)(b) and (n) in one
			 (1) of the universities or community colleges shall make retirement
			 contributions and receive service credit in compliance with the following
			 conditions:
(1) An active, contributing member
			 who teaches or is paid the equivalent of at least three-tenths (3/10) of
			 regular full-time service may make contributions on the member's salary and
			 receive a fractional year of service credit.
(2) Contributions shall be based upon the
			 equivalent annual contract salary if a full year of service is to be
			 granted.
(3) Members may make
			 personal contributions for that service in accordance with this administrative
			 regulation upon certification of service and salary by the applicable
			 authority.
(4) The contributions
			 shall be made directly to the retirement office on or before December 31
			 immediately following the fiscal year in which the part-time service was
			 rendered.
(5) Interest charges of
			 eight (8) percent per annum shall be added to payments made after June 30 of
			 the year that the service occurred.
Kentucky Administrative Regulations › Title 102 - TEACHERS' RETIREMENT SYSTEM › Chapter 1 - General Rules › Section 102 KAR 1:037 - Administrative staff membership

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				161.220
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				161.220(4)(d) authorizes the
				Board of Trustees to designate by administrative regulation the members of the
				staff of the Teachers' Retirement System who shall be members of the system.
				This administrative regulation sets out the positions which shall be covered by
				this section.
Section 1. Any position
			 requiring graduation from a four (4) year college or university as a condition
			 of employment shall be included in the membership of the Teachers' Retirement
			 System.
STATUTORY AUTHORITY:
				  KRS
				  161.220,
				  161.310
Kentucky Administrative Regulations › Title 102 - TEACHERS' RETIREMENT SYSTEM › Chapter 1 - General Rules › Section 102 KAR 1:038 - Fractional service year for members initially employed on a full-time basis

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				161.545,
				161.5465
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				161.545 authorizes members of the Teachers'
				Retirement System to make contributions for service other than regular
				full-time teaching in accordance with trustee administrative regulations.
				KRS
				161.310(1) requires the
				Teachers' Retirement System Board of Trustees to promulgate administrative
				regulations for the administration of the funds of the retirement system and
				for the transaction of business. This administrative regulation establishes
				guidelines for accepting contributions and granting service credit for members
				employed for less than a full school year.
Section
			 1.
(1) Except as provided in
			 Sections 2, 3, and 4 of this administrative regulation, a member shall receive
			 a proportional fraction of a year of service credit computed to the nearest
			 hundredth if the member provides service for less than the regular contract
			 year.
(2) A member employed in a
			 position listed in
			 KRS
			 161.220(4)(b) or (n) in one
			 (1) of the universities, colleges, or community colleges shall be employed in a
			 regular full-time position in order to receive a proportional fraction of a
			 year of service credit.
Kentucky Administrative Regulations › Title 102 - TEACHERS' RETIREMENT SYSTEM › Chapter 1 - General Rules › Section 102 KAR 1:039 - New entrants

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				161.220,
				161.470,
				161.540
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				161.470(1) provides that all
				present teachers (KRS
				161.220(5)) and all new
				teachers (KRS
				161.220(6)) shall become
				members of the Teachers' Retirement System.
				KRS
				161.540 provides that all members shall
				contribute to the system as set out in that section. This administrative
				regulation is intended to establish a procedure for gathering the information
				required to set up a retirement record for each member, and to assure that
				contributions shall be deducted by the employer pending processing of the
				membership application.
Section 1.
			 Membership application shall be filed by each new teacher at the time of
			 employment in a covered position. However, contributions shall be deducted from
			 the salary as provided by law although the form may not have been filed or
			 processing completed.
STATUTORY AUTHORITY:
				  KRS
				  161.310
Kentucky Administrative Regulations › Title 102 - TEACHERS' RETIREMENT SYSTEM › Chapter 1 - General Rules › Section 102 KAR 1:045 - Transfer to other systems

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				161.590
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				161.590(2) provides that
				Kentucky retirement credit may not be used in calculating annuity payments if
				the same service credit has been used to increase benefits in another
				retirement system. This administrative regulation provides guidelines for
				transferring such credit to another retirement system, and procedures to be
				followed if less than total amount of Kentucky service is to be
				transferred.
Section 1. Members may
			 elect to cancel service credit with the Teachers' Retirement System of the
			 state of Kentucky for the purpose of adding the service credit to the member's
			 account with a state or municipal retirement system outside Kentucky. Such
			 service may not be cancelled if the member has received retirement benefits
			 from the Teachers' Retirement System of the state of Kentucky based on the
			 service to be cancelled.
Section 2.
			 Members cancelling less than their total service credit with the Teachers'
			 Retirement System of the state of Kentucky may receive benefits based on the
			 remaining years of service. Members who cancel their service credit shall be
			 entitled only to a refund of the contribution that was credited to the member's
			 account for the cancelled service.
STATUTORY AUTHORITY:
				  KRS
				  161.310
Kentucky Administrative Regulations › Title 102 - TEACHERS' RETIREMENT SYSTEM › Chapter 1 - General Rules › Section 102 KAR 1:050 - Out-of-state service interest rates

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				161.515
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				161.515 provides that members of the
				Teachers' Retirement System may secure credit for out-of-state service under
				certain circumstances, and requires the trustees to set the interest rate on
				contributions made to cover this service. This administrative regulation is
				intended to provide the procedures required to carry out the provisions of this
				statute and to set the interest rate to be charged.
Section 1. In presenting out-of-state service
			 for credit, the most recent service may be presented first in order.
Section 2. Persons presenting out-of-state
			 service credit shall be required to file an appropriate affidavit on forms
			 provided by the retirement system certifying that the service being transferred
			 is not being used at present and will not be used in the future to qualify for
			 any benefits from any other retirement program.
Section 3. Interest at the rate of eight (8)
			 percent compounded annually from the end of each school year concerned to the
			 date of payment shall be added to the required contributions.
STATUTORY AUTHORITY:
				  KRS
				  161.310
Kentucky Administrative Regulations › Title 102 - TEACHERS' RETIREMENT SYSTEM › Chapter 1 - General Rules › Section 102 KAR 1:057 - Credit for military service

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				161.507
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				161.507 provides for the crediting for
				retirement purposes time spent on active duty with the Armed Forces of the
				United States, with certain limitations. This administrative regulation
				establishes the procedures for validating and crediting active duty
				service.
Section 1. A member may
			 receive credit toward retirement as provided in
			 KRS
			 161.507, upon meeting the eligibility
			 requirements and payment of contributions to the Teachers' Retirement System as
			 provided in this administrative regulation. This credit shall be used in
			 meeting the requirements for early retirement.
Section 2. A member may purchase credit for
			 one (1) month of retirement credit for each month or part of a month of active
			 military service.
Section 3. A
			 member, having valid service credit in the Teachers' Retirement System and one
			 (1) of the other state supported retirement systems of Kentucky, may elect to
			 purchase retirement credit for active duty time in either of the systems
			 concerned, or the service credit may be divided between the two (2) systems. If
			 the service is to be divided the following additional requirements shall be
			 met:
(1) The total service credited in all
			 systems shall not exceed six (6) years.
(2) The same years active duty shall not be
			 used in more than one (1) system.
(3) Each system shall calculate the cost of
			 this retirement service credit in accordance with the statutes and
			 administrative regulations governing that system.
Kentucky Administrative Regulations › Title 102 - TEACHERS' RETIREMENT SYSTEM › Chapter 1 - General Rules › Section 102 KAR 1:060 - Refunds

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				161.470,
				161.520,
				161.700,
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				161.310 requires the Board of Trustees of the
				Teachers' Retirement System TRS to promulgate all administrative regulations
				for the administration of funds of the retirement system and for the
				transaction of business.
				KRS
				161.470(6) provides that
				members of TRS may receive a refund of their contributions, less contributions
				to the medical insurance fund, upon withdrawal from service.
				KRS
				161.520 provides, if a member dies, the
				member's accumulated contributions may be refunded to a surviving spouse,
				designated beneficiary, or to the member's estate. This administrative
				regulation provides the administrative procedures necessary to carry out the
				provisions of these statutes.
Section
			 1. Definitions.
(1) "Alternate
			 payee" is defined by
			 KRS
			 161.220(26).
(2) "Qualified domestic relations order" or
			 "QDRO" is defined by
			 KRS
			 161.220(25).
Kentucky Administrative Regulations › Title 102 - TEACHERS' RETIREMENT SYSTEM › Chapter 1 - General Rules › Section 102 KAR 1:070 - Application for retirement

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				161.600,
				161.605(11),
				161.640,
				161.675
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				161.310 requires the Board of Trustees of the
				Teachers' Retirement System TRS to promulgate all administrative regulations
				for the administration of the funds of the retirement system and for the
				transaction of business.
				KRS
				161.600(4) requires the
				board to promulgate administrative regulations concerning application for an
				annuity to receive benefit payments. This administrative regulation establishes
				procedures for filing of retirement applications and for determining effective
				dates of annuity payments.
Section 1.
(1) Applications for retirement shall be
			 filed on the Application for Service Retirement or on-line using the Web site
			 maintained by TRS and shall include:
(a) A
			 photocopy of the applicant's signed Social Security card;
(b) A certified birth certificate;
(c) If applicable, a certified marriage
			 certificate; and
(d) A voided or
			 cancelled check from the institution to which monthly disbursements shall be
			 electronically transmitted.
Kentucky Administrative Regulations › Title 102 - TEACHERS' RETIREMENT SYSTEM › Chapter 1 - General Rules › Section 102 KAR 1:100 - Insurance

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				161.675
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				161.675 authorizes the trustees to enter into
				contracts with insurance carriers to provide hospital-medical insurance for
				members retired for service or disability and for certain dependents of
				retirees. This administrative regulation sets out procedures under which this
				coverage shall be provided.
Section 1.
			 The Board of Trustees of the Teachers' Retirement System shall provide for
			 members retired for service; members retired for disability; eligible spouses
			 and eligible children of retired members as provided in
			 KRS
			 161.675; and spouses receiving monthly
			 benefits under the provisions of
			 KRS
			 161.525, a medical benefit program that
			 includes hospital room and board, drugs and medicines, doctor fees, nursing
			 care, and convalescent hospital care.
Section
			 2. Specific material provisions and exclusions shall be provided
			 in the blanket contract with the insurance carrier selected by the board of
			 trustees, the master policy issued under the contract, and any modifications to
			 the contract or master policy approved by the board of trustees.
STATUTORY AUTHORITY:
				  KRS
				  161.310,
				  161.675
Kentucky Administrative Regulations › Title 102 - TEACHERS' RETIREMENT SYSTEM › Chapter 1 - General Rules › Section 102 KAR 1:105 - 401(h) established pursuant to 26 U.S.C. 401(h) account

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				161.420,
				161.655,
				161.675,
				26 U.S.C. 152,
				213(e),
				401(h)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				161.310(1) requires the
				board of trustees to promulgate administrative regulations for the
				administration of funds of the retirement system and for the transaction of
				business.
				KRS
				161.716 requires the board of trustees to
				promulgate administrative regulations as are necessary to remove any conflicts
				with federal laws and to protect the interests of the members and survivors of
				the members of the retirement system. Pursuant to the provisions of
				KRS
				161.420(5), this
				administrative regulation confirms a separate 401(h) account established
				pursuant to
				26 U.S.C.
				401(h).
Section 1. Definitions.
(1) "Dependent" is defined by
			 26 U.S.C. 152,
			 excluding subsections (b)(1), (b)(2), and (d)(1)(B).
(2) "Medical expense" is defined by
			 26 U.S.C.
			 213(e).
(3) "Retired", for purposes of eligibility to
			 receive medical benefits described in
			 26 U.S.C.
			 401(h), means:
(a) An employee is eligible to receive
			 benefits under the system;
(b) The
			 employee is not still employed by the employer; and
(c) A separation from employment has
			 occurred.
(4) "System"
			 means the retirement system administered by the Kentucky Teachers' Retirement
			 System.
Kentucky Administrative Regulations › Title 102 - TEACHERS' RETIREMENT SYSTEM › Chapter 1 - General Rules › Section 102 KAR 1:110 - Leave of absence

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				161.545
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				161.545 provides that members of the
				Teachers' Retirement System may make contributions and receive service credit
				while on a leave of absence as set out in administrative regulations of the
				board of trustees. This administrative regulation provides procedures for
				receiving those contributions and granting of service credit for members on
				leave of absence.
Section 1. Members
			 may make contributions while on leave of absence granted by the governing board
			 of a school district or institution in accordance with the provisions of the
			 statutes at the time the leave is granted. Payment of contributions shall be
			 made by the end of the fiscal year next succeeding the year in which the leave
			 was effective. A member shall not make payment on leave of absence for more
			 than three (3) years in any ten (10) year period beginning with the first year
			 of the leave. The administrative head of the district or institution granting
			 the leave shall certify the granting or extension of leave to the Teachers'
			 Retirement System. Leave for a period longer than one (1) year shall not be
			 recognized, except the leaves may be extended annually for a total not to
			 exceed three (3) years.
Section 2.
			 Contributions for a period of leave shall be based on the annual salary for the
			 last year of active service at the contribution rate in effect for the period
			 of leave. Interest at the rate of eight (8) percent per annum shall be added
			 for contributions paid after the end of the school year for which the leave was
			 granted.
Section 3. A leave of
			 absence shall not be recognized by the Teachers' Retirement System as a basis
			 for making contributions to the system unless the member was employed in a
			 covered position as defined in
			 KRS
			 161.220(21), by the employer
			 granting the leave and received compensation for at least one-half (1/2) a
			 regular school year during the year the leave was granted or during the next
			 preceding school year.
STATUTORY AUTHORITY:
				  KRS
				  161.310
Kentucky Administrative Regulations › Title 102 - TEACHERS' RETIREMENT SYSTEM › Chapter 1 - General Rules › Section 102 KAR 1:125 - Omitted contributions; reinstatement of accounts

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				161.560
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				161.560 requires each agency employing
				members of the Teachers' Retirement System to deduct the appropriate member
				contributions and forward the contributions to the system on a monthly basis.
				This administrative regulation sets out the conditions under which these
				required contributions shall be paid in the event the employing agency fails to
				deduct these amounts from the member's salary and forward the contributions to
				the retirement system.
Section 1. In
			 every case where a properly certified member entitled to membership under
			 KRS
			 161.470 was employed, or is employed in the
			 future, and the employer fails for any reason to deduct the retirement
			 contribution due under the retirement Act, the employee if a member of the
			 retirement system, and not retired, may pay the retirement contributions which
			 should have been deducted by the employer plus eight (8) percent compound
			 interest from the end of the year in which the service was performed to date of
			 payment, and receive credit for those years, provided the teacher was not at
			 fault in creating this delinquency.
Section
			 2. Members of the retirement system who have previously withdrawn
			 their contributions, may reinstate these accounts by complying with the
			 requirements of
			 KRS
			 161.470(3), and by repaying
			 the amount refunded plus interest at the rate of eight (8) percent compounded
			 annually from the date of withdrawal to date of repayment.
STATUTORY AUTHORITY:
				  KRS
				  161.310,
				  161.470,
				  161.560
Kentucky Administrative Regulations › Title 102 - TEACHERS' RETIREMENT SYSTEM › Chapter 1 - General Rules › Section 102 KAR 1:130 - Additional contributions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				161.220,
				161.555
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				161.220(4)(f) and
				161.555
				provide that agencies employing members of the Teachers' Retirement System and
				whose salaries are paid from federal project funds or from nonpublic funds,
				shall make additional contributions to the system equal to the contributions of
				the members. This administrative regulation sets out the manner of transmitting
				these additional contributions to the system.
Section 1. The member and employer
			 contributions for salaries paid from federal project funds or nonpublic funds
			 shall be forwarded to the Teachers' Retirement System as provided in
			 KRS
			 161.560.
Section 2. Members employed by employers
			 covered by Section 1 of this administrative regulation may make contributions
			 for part-time, substitute, and partial year's service as provided in Teachers'
			 Retirement System administrative regulations for other members of the Teachers'
			 Retirement System. Employers shall be required to make additional contributions
			 for these employees in the same manner as provided for full-time
			 employees.
Section 3. Members
			 employed by employers covered by this regulation may make contributions while
			 on an approved leave administrative of absence, providing the employer or the
			 employee makes an additional contribution equal to the regular member
			 contribution for the period of time covered by the leave of absence.
STATUTORY AUTHORITY:
				  KRS
				  161.310
Kentucky Administrative Regulations › Title 102 - TEACHERS' RETIREMENT SYSTEM › Chapter 1 - General Rules › Section 102 KAR 1:135 - Interest credited to accounts

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				161.440,
				161.580,
				161.705
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				161.440 requires crediting interest, as
				defined in
				KRS
				161.220(13), to the various
				funds of the Teachers' Retirement System, and
				KRS
				161.580 requires that individual accounts be
				maintained for each member of the system. This administrative regulation sets
				out the procedures to be followed in crediting interest to each member's
				account.
Section 1. For individuals who
			 became members prior to July 1, 2008, interest at the rate of three (3) percent
			 shall be credited to the member's account as long as the member is in active
			 status with the retirement system. For individuals who become members on or
			 after July 1, 2008, interest at the rate of two and one-half (2.5) percent
			 shall be credited to the member's account as long as the member is in active
			 status with the retirement system.
Section
			 2. For purposes of this administrative regulation "active status"
			 means the status of a member who has vested with at least five (5) years of
			 service credit with the retirement system. Members with less than five (5)
			 years of service credit shall be deemed to be in active status if they have had
			 any service in the most recent three (3) years.
Section 3. No interest shall be credited to
			 member accounts during the first fiscal year of membership. Subsequent to the
			 first fiscal year of membership, interest shall be credited as of June 30 of
			 each year of active status.
Section
			 4. At the end of each fiscal year, interest shall be assigned from
			 the guarantee fund to individual funds as follows:
(1) The teachers' savings fund and the state
			 accumulation fund shall be assigned equal amounts of interest in accordance
			 with Sections 1, 2, and 3 of this administrative regulation.
(2) The allowanced reserve fund shall be
			 assigned interest based upon the average month end balance of the fund for each
			 fiscal year.