Kentucky Administrative Regulations › Title 102 - TEACHERS' RETIREMENT SYSTEM › Chapter 1 - General Rules › Section 102 KAR 1:310 - Benefit eligibility conditions for members providing part-time and substitute services

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				161.470(6),
				161.500,
				161.520,
				161.620,
				161.655,
				161.661,
				161.663
NECESSITY, FUNCTION AND CONFORMITY:
				KRS
				161.310 requires the Board of Trustees of the
				Kentucky Teachers' Retirement System to promulgate administrative regulations
				for the administration of the funds of the retirement system and for the
				transaction of business.
				KRS
				161.612(2) requires the
				board to adopt eligibility conditions pursuant to which members providing
				part-time or substitute services may participate in the benefits provided
				pursuant to
				KRS
				161.520,
				161.655,
				161.661,
				and
				161.663.
				This administrative regulation establishes eligibility conditions for members
				providing part-time or substitute services.
Section
			 1. A member who provides part-time or substitute teaching services
			 and who has never been an annuitant of the retirement system shall be eligible
			 to apply for disability retirement benefits provided pursuant to
			 KRS
			 161.661 and
			 161.663,
			 and his or her beneficiary and any survivor eligible to apply for life
			 insurance benefits provided pursuant to
			 KRS
			 161.655 and survivor benefits provided
			 pursuant to
			 KRS
			 161.520, only if the member meets the
			 eligibility conditions established in this section.
(1) The member shall have completed at least
			 sixty-nine (69) percent of a full contract year that would be completed by a
			 member employed on a full-time basis in the same position in order to become
			 eligible to apply for disability retirement, and for his or her beneficiary or
			 any survivor to be eligible to apply for life insurance and survivor benefits.
			 Employment shall be in a position from which contributions were made to
			 Kentucky Teachers' Retirement System.
(2) If the position does not provide for
			 full-time employment, the member shall be required to complete at least
			 sixty-nine (69) percent of the normal school calendar for a certified,
			 full-time teacher in the school district in which the member is employed.
			 Full-time employment shall not require less than the normal school calendar for
			 a certified, full-time teacher in the district in which the member is
			 employed.
(3) The member shall be
			 accredited days by adding his or her total number of hours worked in one (1)
			 fiscal year and dividing that number by the number of hours that are required
			 pursuant to a normal, full-time contract to calculate the number of full-time
			 days. If this calculation results in a fractional number of days, the number
			 shall be rounded down to the next whole number of days.
(4) A member who is employed in more than one
			 (1) school district in the same fiscal year shall be required to complete a
			 number of days at least equal to sixty-nine (69) percent of the school calendar
			 in the district requiring the greatest number of days.
(5) Once the requisite number of days or
			 equivalent days are worked for one (1) fiscal year, the member shall be
			 eligible to apply for disability retirement, and his or her beneficiary and any
			 survivor shall be eligible to apply for life insurance and survivor benefits,
			 through the end of the next fiscal year immediately succeeding the fiscal year
			 in which the eligibility conditions are met.
(6) For a member with less than five (5)
			 years of active service in a position participating in the retirement system,
			 the disabling condition or death shall be the result of a single, traumatic,
			 physical injury directly related to his or her Kentucky Teachers' Retirement
			 System-covered employment in order to be eligible to apply for disability
			 retirement, and for his or her beneficiary or any survivor to be eligible to
			 apply for life insurance and survivor benefits.
(7) A member with less than five (5) years of
			 service credit in Kentucky Teachers' Retirement System, who has service credit
			 in Kentucky Retirement Systems, shall not be eligible to apply for disability
			 retirement and shall be eligible only for a refund on his or her account
			 pursuant to
			 KRS
			 161.470(6), unless the
			 member experiences a disabling condition as a result of the conditions required
			 by subsection (6) of this section.