reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 105 - KENTUCKY PUBLIC PENSION AUTHORITY › Chapter 1 - General Rules › Section 105 KAR 1:140 - Employer's administrative duties

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				16.583,
				16.645(18),
				18A.105,
				61.546,
				61.552(23),
				61.560,
				61.565,
				61.569,
				61.597,
				61.598,
				61.637(17),
				61.675,
				61.685,
				61.702,
				78.545(33),
				(37),
				78.616,
				78.625,
				78.652,
				26 U.S.C.
				401(a)(17), (31),
				403(b),
				408(a),
				(b),
				414(g)(6),
				457(b),
				3121(b)(10),
				Pub.
				L. 104-191,
				Pub.
				L. 111-5, Div. A, Title XIII, Div. B, Title IV, 26
				C.F.R. 31.3121(b)(10)-2,
				29
				C.F.R. 519.2(a),
				42 C.F.R.
				423.504(b)(4)(vi), 45 C.F.R.
				Parts 160, 162, 164
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.645(9)(e) requires the
				Board of Trustees of the Kentucky Retirement Systems to promulgate
				administrative regulations necessary or proper in order to carry out the
				provisions of
				KRS
				16.505 to
				16.652,
				61.510
				to
				61.705,
				and
				78.510
				to
				78.852.
				Employers participating in the Kentucky Employees Retirement System, County
				Employees Retirement System and State Police Retirement System are required by
				KRS
				16.645(18),
				61.565,
				61.675,
				78.545(33),
				and
				78.625
				to make contributions to the retirement systems, to report creditable
				compensation to the retirement systems and other information that the Board of
				Trustees may require, and perform other duties and responsibilities as
				participating employers.
				26 U.S.C.
				401(a)(17) places a limit on
				the amount of creditable compensation on which contributions may be made. This
				administrative regulation sets out the reporting requirements for all
				participating agencies.
Section 1.
(1) Each employer shall submit the reports
			 required under
			 KRS
			 61.675 and
			 KRS
			 78.625 electronically using the secure
			 Kentucky Retirement Systems' Employer Self Service Web site by:
(a) The Enter Report Details Module;
			 or
(b) Uploading an electronic file
			 that meets the requirements of the Employer Contribution Record Layout. The
			 employer shall submit a test file to the retirement systems, which shall be
			 reviewed for compliance with the requirements of the Employer Contribution
			 Record Layout. If the test file is in compliance with the requirements of the
			 Employer Contribution Record Layout, the retirement systems shall certify the
			 electronic file and inform the employer of the month when the employer may
			 begin using the electronic file for submitting reports. If the test file is not
			 in compliance with the requirements of the Employer Contribution Record Layout,
			 the retirement systems shall inform the employer of the needed corrections to
			 the test file. The employer shall not submit a report by electronic file
			 pursuant to this subsection until the test file is certified by the retirement
			 systems.
Kentucky Administrative Regulations › Title 105 - KENTUCKY PUBLIC PENSION AUTHORITY › Chapter 1 - General Rules › Section 105 KAR 1:145 - Voluntary cessation of participation by employers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				61.510,
				61.522,
				61.546,
				61.552,
				61.555,
				61.565,
				61.590,
				61.598,
				61.625,
				61.637,
				61.675,
				78.510
				- 78.852,
				26 U.S.C.
				401
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.645(9)(e) requires the
				Board of Trustees of Kentucky Retirement Systems to promulgate administrative
				regulations necessary or proper in order to carry out the provisions of
				KRS
				61.510 to
				61.705,
				and
				78.510
				to
				78.852.
				KRS
				61.522 authorizes certain participating
				employers in the Kentucky Employees Retirement System and the County Employees
				Retirement System to voluntarily cease participation if that employer pays the
				full actuarial cost of benefits accrued by its current and former employees.
				KRS
				61.522(8) requires the Board
				to promulgate administrative regulations to administer the provisions of the
				statute. This administrative regulation establishes the procedures and
				requirements for voluntary cessation from participation in the Kentucky
				Employees Retirement System and the County Employees Retirement System.
Section 1. Definitions.
(1) "Ceased employer" means an employer:
(a) Whose Form 7730, Application for
			 Voluntary Cessation from CERS or KERS, has been approved by Kentucky Retirement
			 Systems; and
(b) Who has paid the
			 full actuarial cost.
Kentucky Administrative Regulations › Title 105 - KENTUCKY PUBLIC PENSION AUTHORITY › Chapter 1 - General Rules › Section 105 KAR 1:147 - Involuntary Cessation of participating employers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				61.510,
				61.522,
				61.546,
				61.552,
				61.555,
				61.565,
				61.590,
				61.598,
				61.625,
				61.637,
				61.675,
				78.510
				- 78.852,
				26 U.S.C.
				401
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.645(9)(e) requires the
				Board of Trustees of Kentucky Retirement Systems to promulgate administrative
				regulations necessary or proper in order to carry out the provisions of
				KRS
				61.510 to
				61.705,
				and
				78.510
				to
				78.852.
				KRS
				61.522 authorizes the Board of Trustees of
				Kentucky Retirement Systems to involuntarily terminate participation of
				employers in the Kentucky Employees Retirement System and the County Employees
				Retirement System determined by the board to no longer qualify to participate
				in a governmental plan or to be noncompliant with the provisions of
				KRS
				61.510 to
				61.705
				or
				78.510
				to
				78.852.
				The Board of Trustees of Kentucky Retirement Systems shall require lump sum
				payment of the full actuarial cost of benefits accrued by its current and
				former employees for those involuntarily ceased employers.
				KRS
				61.522(8) requires the board
				to promulgate administrative regulations to administer the provisions of the
				statute. This administrative regulation establishes the procedures and
				requirements for involuntary cessation from participation in the Kentucky
				Employees Retirement System and the County Employees Retirement System.
Section 1. Definitions.
(1) "Ceased employer" means an employer who
			 the Board of Trustees has determined must involuntarily cease
			 participation.
(2) "Involuntary
			 cessation date" means the date established by the Board of Trustees when
			 approving the employer's involuntary cessation from participation in the
			 Kentucky Employees Retirement System or County Employees Retirement
			 System.
Kentucky Administrative Regulations › Title 105 - KENTUCKY PUBLIC PENSION AUTHORITY › Chapter 1 - General Rules › Section 105 KAR 1:150 - Installment purchase procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				16.645(19),
				61.373,
				61.377,
				61.552(14),
				61.552(24),
				61.575,
				78.545(34),
				26 U.S.C.
				414(h),
				415,
				29 U.S.C. 28, 38 U.S.C. 43
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.645(9)U(e) authorizes the
				Board of Trustees of Kentucky Retirement Systems to promulgate all
				administrative regulations necessary or proper in order to carry out the
				provisions of
				KRS
				61.515 to
				61.705,
				16.510
				to
				16.652,
				and
				78.520
				to
				78.852.
				KRS
				61.552(14) and
				61.552(24)
				permits an employee participating in the Kentucky Retirement Systems to
				purchase service credit by payroll deducted installments. This administrative
				regulation establishes the process and forms related to this option, and
				provides for the preservation of installment purchases for military personnel
				called into service.
Section 1.
			 Installment payment plans shall be allowed for the employees of an agency that
			 has certified its agreement to deduct and remit installment payments on all
			 employees participating in the Kentucky Retirement Systems. The certification
			 shall be made on the "Form 7280, Employer Certification for Installment
			 Purchase of Service," provided by the retirement system.
Section 2.
(1) The retirement system shall calculate the
			 monthly payment necessary to pay the cost of the service being
			 purchased.
(2) The employee may
			 select a payment period of not less than one (1) year and not more than five
			 (5) years in accordance with
			 KRS
			 61.552(14)(c).
(3) The retirement system shall provide to
			 the employee a "Form 5708, After Tax Installment Service Agreement" and a "Form
			 5709, Before Tax Installment Purchase of Service Agreement." The employee shall
			 complete and return to the retirement systems only one (1), but not both, of
			 either the Form 5708, After Tax Installment Purchase of Service Agreement or
			 the Form 5709, Before Tax Installment Purchase of Service Agreement. An
			 employee shall not enter into more than one (1) installment purchase of service
			 agreement at any given time.
(4)
			 The agreement shall contain a space for selecting the payment option and an
			 authorization for withholding the installment payments.
(5) The agreement shall provide a space for
			 the employee to indicate the amount of any down payment to be made by the
			 employee, whether by personal check or rollover or transfer of funds from a
			 qualified retirement plan or deferred compensation arrangement.
(6) The monthly payment options offered to
			 the employee on the Form 5708 After Tax Installment Purchase of Service
			 Agreement shall not exceed the limitations for annual additional contributions
			 in
			 26
			 U.S.C. 415.
Kentucky Administrative Regulations › Title 105 - KENTUCKY PUBLIC PENSION AUTHORITY › Chapter 1 - General Rules › Section 105 KAR 1:160 - Sick leave plans

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				61.546,
				61.5525,
				78.616,
				161.155
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.645(9)(e) authorizes the
				Board of Trustees of Kentucky Retirement Systems to promulgate all
				administrative regulations necessary or proper in order to carry out the
				provisions of
				KRS
				61.515 to
				61.705,
				16.510
				to
				16.652,
				and
				78.520
				to
				78.852.
				KRS
				61.546 provides for retirement service credit
				for unused sick leave for members of the Kentucky Employees Retirement System
				and the State Police Retirement System.
				KRS
				78.616 provides for retirement service credit
				for unused sick leave for members of the County Employees Retirement System.
				This administrative regulation establishes the requirements for participation
				in the program by individual county agencies, calculation of the service
				credit, and payment of the employer's cost of the credit. This administrative
				regulation also establishes the formula for prorating sick leave if it is
				earned by a member partly under SPRS, partly under KRS hazardous duty coverage,
				and partly under the Kentucky Employees Retirement System nonhazardous
				coverage.
Section 1. Definitions.
(1) "Alternate plan" means the sick leave
			 program described in
			 KRS
			 78.616(5).
(2) "Standard plan" means the sick leave
			 program described in
			 KRS
			 61.546 or
			 78.616(1),
			 (3) and (4).
Kentucky Administrative Regulations › Title 105 - KENTUCKY PUBLIC PENSION AUTHORITY › Chapter 1 - General Rules › Section 105 KAR 1:180 - Death before retirement procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				16.578,
				16.601,
				61.640,
				78.545
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.645(9)(g) authorizes the
				Board of Trustees of Kentucky Retirement Systems to promulgate administrative
				regulations necessary to carry out the provisions of
				KRS
				61.515 to
				61.705,
				16.510
				to
				16.652,
				and
				78.520
				to
				78.852.
				KRS
				61.645(9)(g) authorizes the
				Board of Trustees of Kentucky Retirement Systems to promulgate all
				administrative regulations necessary or proper in order to carry out the
				provisions of
				KRS
				61.515 to
				61.705,
				16.510
				to
				16.652,
				and
				78.520
				to
				78.852.
				KRS
				16.578,
				16.601
				and
				61.640
				provide for the payment of certain benefits upon the death of a member prior to
				retirement. This administrative regulation establishes the procedures for
				issuance of benefits if death occurs prior to retirement.
Section 1.
(1) After learning of the death of a member
			 prior to retirement, the retirement system shall contact the named beneficiary
			 or estate of the deceased member.
(2) The retirement system shall require
			 completion of:
(a) Form 6810, Certification of
			 Beneficiary, if the beneficiary is eligible for monthly payments; or
(b) Form 6825, Refund of Deceased Member's
			 Account, if the beneficiary is eligible only for a refund of the member's
			 account.
Kentucky Administrative Regulations › Title 105 - KENTUCKY PUBLIC PENSION AUTHORITY › Chapter 1 - General Rules › Section 105 KAR 1:190 - Qualified domestic relations orders

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				16.505(36), (37), (38),
				16.576,
				16.645(5),
				61.510(37),
				(38), (39),
				61.690,
				78.510(34),
				(35), (36),
				78.545(26),
				205.712,
				26 U.S.C.
				414(p)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.690 requires the retirement systems to
				promulgate an administrative regulation establishing the requirements,
				procedures, and forms necessary to administer qualified domestic relations
				orders (QDROs). This administrative regulation establishes the requirements,
				procedures, and forms necessary to administer QDROs.
Section 1. Definitions.
(1) "Alternate payee" is defined by
			 KRS
			 16.505(38),
			 61.510(39),
			 and
			 78.510(36).
(2) "Qualified domestic relations order" is
			 defined by
			 KRS
			 16.505(37),
			 61.510(38),
			 and
			 78.510(35).
(3) "Participant" is defined by
			 KRS
			 16.505(36),
			 61.510(37),
			 and
			 78.510(34).
Kentucky Administrative Regulations › Title 105 - KENTUCKY PUBLIC PENSION AUTHORITY › Chapter 1 - General Rules › Section 105 KAR 1:200 - Retirement procedures and forms

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				16.576,
				16.577,
				16.645,
				61.590,
				61.595,
				61.623,
				61.637,
				61.680,
				61.705,
				78.545,
				26 U.S.C.
				401(a), 26 C.F.R. 1.401-1,
				1.401(a)-1
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.645(9)(e) requires the
				Board of Trustees of Kentucky Retirement Systems to promulgate administrative
				regulations necessary or proper in order to carry out the provisions of
				KRS
				61.510 to
				61.705,
				16.505
				to
				16.652,
				and
				78.510
				to
				78.852.
				KRS
				61.590(1) requires that a
				member or beneficiary eligible to receive retirement benefits have on file at
				the retirement office each form required by the board. This administrative
				regulation establishes the procedures and forms for application for and receipt
				of retirement benefits by members of the Kentucky Retirement Systems.
Section 1.
(1)
(a) The
			 member shall submit a Form 6000, Notification of Retirement, to the retirement
			 systems no earlier than six (6) months prior to the member's desired effective
			 retirement date. The retirement systems shall not process an invalid Form 6000,
			 Notification of Retirement. If the member submits a Form 6000, Notification of
			 Retirement, that is incomplete or is incorrect, the retirement systems shall
			 find the Form 6000, Notification of Retirement, to be invalid and shall notify
			 the member of the actions necessary for completion or correction.
(b) The retirement systems shall not process
			 a Form 6000, Notification of Retirement, until the member certifies on the Form
			 6000 that there is no prearranged agreement for reemployment with a
			 participating employer after the member's initial retirement date as required
			 by
			 KRS
			 61.637,
			 26 U.S.C.
			 401(a), 26 C.F.R. 1.401-1,
			 and 1.401(a)-1.
Kentucky Administrative Regulations › Title 105 - KENTUCKY PUBLIC PENSION AUTHORITY › Chapter 1 - General Rules › Section 105 KAR 1:210 - Disability procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 16.505-16.652, 61.510-61.705, 78.510-78.852,
				344.030,
				29 C.F.R. Part 1630, 42 U.S.C. 12111(9)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.645(9)(g) authorizes the
				Board of Trustees of Kentucky Retirement Systems to promulgate all
				administrative regulations necessary or proper in order to carry out the
				provisions of
				KRS
				61.515 to
				61.705,
				16.510
				to
				16.652,
				and
				78.520
				to
				78.852.
				KRS 16.582,
				61.600, and
				61.665
				provide for a process for applying for disability retirement benefits to
				members of the retirement systems and a process for administrative appeal of a
				denial of an application or reapplication for disability retirement benefits.
				This administrative regulation establishes the procedure for filing an
				application or reapplication for disability retirement benefits and the
				procedures for filing an administrative appeal of a denial of an application
				for disability retirement benefits.
Section
			 1.
(1) An application or
			 reapplication for disability benefits shall be made on "Form 6000, Notification
			 of Retirement".
(2)
(a) The application or reapplication shall be
			 filed at the retirement systems within twenty-four (24) months, which is 730
			 calendar days, of the applicant's last day of paid employment in a regular
			 full-time position.
(b) The time
			 period for filing an application or reapplication for disability retirement
			 benefits shall begin on the day after the applicant's last day of paid
			 employment in the regular full-time position and shall end at close of business
			 on the following 730th day.
(c) If
			 the last day of the period is a Saturday, Sunday, or state or federal holiday,
			 then the application shall be valid if filed at the retirement systems by the
			 close of the next business day following the weekend or holiday.
(d) The applicant's employer shall certify
			 the applicant's last day of paid employment.
(e) An application or reapplication may be
			 submitted prior to the applicant's last day of paid employment.
Kentucky Administrative Regulations › Title 105 - KENTUCKY PUBLIC PENSION AUTHORITY › Chapter 1 - General Rules › Section 105 KAR 1:220 - Periodic disability review

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				16.577,
				16.583,
				16.645,
				61.592,
				61.600,
				61.610,
				61.615,
				61.630,
				61.637,
				61.559,
				61.597,
				61.665,
				78.545,
				78.5510,
				78.5512,
				78.5514,
				78.5516,
				78.5522,
				78.5524,
				78.5526,
				78.5528,
				78.5540
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.505(1)(g) authorizes the
				Kentucky Public Pensions Authority to promulgate all administrative regulations
				on behalf of the Kentucky Retirement Systems and the County Employees
				Retirement System that are consistent with
				KRS
				16.505 to
				16.652,
				61.510 to
				61.705, and
				78.510 to
				78.852.
				KRS
				61.610,
				61.615,
				78.5526, and
				78.5528 provide for the
				employment and medical review of a recipient of a disability retirement
				allowance to determine if the recipient's disability retirement allowance
				should be continued or discontinued. This administrative regulation establishes
				the process for employment and medical reviews.
Section 1. Definitions.
(1) "Approved employment" means work in any
			 capacity found by the agency not to require the same, similar, or greater
			 duties, residual functional capacity, or physical exertion as the position from
			 which the recipient was found disabled.
(2) "Effective retirement date" means the
			 date upon which a member's disability, early, or normal retirement benefits
			 began, whichever occurs first.
(3)
			 "Employer" means a person, agency, company, organization, or other entity that
			 directs or leads a recipient's work, whether or not for pay.
(4) "Trial basis" means a period of time not
			 to exceed nine (9) months during which a recipient works in a non-approved
			 employment position to allow him or her time to determine if he or she is able
			 to maintain employment; employment during this time period shall not affect the
			 recipient's disability retirement.
Kentucky Administrative Regulations › Title 105 - KENTUCKY PUBLIC PENSION AUTHORITY › Chapter 1 - General Rules › Section 105 KAR 1:260 - Purchase of out-of-state service credit

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				61.552(14), (15),
				26
				U.S.C. 415
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.552(17) and (18) provide
				for the purchase of out-of-state service credit for members of the Kentucky
				Retirement Systems. This administrative regulation sets out the requirements
				and forms for obtaining credit for this service.
Section 1. Each employee wishing to purchase
			 service credit for out-of-state public service under
			 KRS
			 61.552(14) and (15) shall
			 request a copy of Form 4140, Certification of Out-of-state Service.
Section 2.
(1) The employee shall mail the form to his
			 former employer and retirement plan for completion.
(2) If the employee wishes to purchase
			 hazardous service in CERS, he shall also obtain a copy of the description of
			 his duties in the out-of-state position from his former employer.
(3) The employee shall be responsible for
			 obtaining the information requested on the form regarding the period of
			 out-of-state service.
Kentucky Administrative Regulations › Title 105 - KENTUCKY PUBLIC PENSION AUTHORITY › Chapter 1 - General Rules › Section 105 KAR 1:270 - Federal tax withholding or direct rollover of eligible distributions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				16.505,
				16.578,
				16.601,
				16.645,
				61.505(1)(g),
				61.510,
				61.542,
				61.621,
				61.625,
				61.635,
				61.640,
				61.685,
				61.690,
				61.705,
				78.510,
				78.545,
				78.5534,
				78.5538,
				395.455,
				26 U.S.C.
				72(t),
				401(a),
				402
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.505(1)(g) authorizes the
				Kentucky Public Pensions Authority to promulgate administrative regulations on
				behalf of the Kentucky Retirement Systems and the County Employees Retirement
				System that are consistent with
				KRS
				16.505 to
				16.652,
				61.505,
				61.510 to
				61.705, and
				78.510 to
				78.852.
				26 U.S.C.
				402 establishes the federal taxation
				requirements regarding direct rollovers of distributions and the withholding of
				federal income tax on distributions that are not rolled over to an IRA or other
				qualified plan. This administrative regulation establishes the procedure for
				informing affected members, beneficiaries, and alternate payees of their rights
				with regard to federal taxation rules and provides forms for members,
				beneficiaries, and alternate payees to indicate their preference for federal
				tax withholding or direct rollover of eligible distributions. This
				administrative regulation also establishes a procedure to issue a check to an
				alternate payee of a qualified domestic relations order if the alternate payee
				does not file the form required for federal income tax purposes within a
				reasonable time, and a procedure if an alternate payee cannot be
				located.
Section 1. Definitions.
(1) "Beneficiary" means:
(a) A person designated by the member in
			 accordance with KRS
			 61.542 and
			 78.545 to receive any available
			 benefits in the event of the member's death; or
(b) A person to whom the member's assets are
			 ordered to be transferred pursuant to
			 KRS
			 395.455.
Kentucky Administrative Regulations › Title 105 - KENTUCKY PUBLIC PENSION AUTHORITY › Chapter 1 - General Rules › Section 105 KAR 1:300 - Determination of service credit for classified employees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				61.545,
				61.552,
				78.615
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				78.615 establishes the calculation for
				determination of retirement service credit for classified employees of local
				school boards.
				KRS
				78.615(1)(c) requires the
				Board of Trustees of the Kentucky Retirement Systems to promulgate an
				administrative regulation to allow classified employees of local school boards
				who work less than a complete school year to purchase service credit to
				complete the fiscal year. This administrative regulation establishes the
				formulas to be used to determine the number of months of service credit earned
				and for the purchase of service credit.
Section
			 1. For school years beginning July 1, 2000 and after, upon the
			 employee's completion of the school year, termination, or death, whichever
			 occurs first, the retirement system shall determine each employee's fiscal year
			 service credit as follows:
(1)
(a) The employee's actual days worked, as
			 reported by the school board, shall be divided by twenty (20) to determine the
			 number of months and fractional months worked during the fiscal year.
(b) The employee's total wages shall be
			 divided by the hourly rate reported by the school board to determine the total
			 number of hours worked during the fiscal year.
(c) The employee's total number of hours
			 worked shall be divided by the employee's months and fractional months worked
			 to determine if the employee worked an average of at least eighty (80) hours
			 per month.
Kentucky Administrative Regulations › Title 105 - KENTUCKY PUBLIC PENSION AUTHORITY › Chapter 1 - General Rules › Section 105 KAR 1:310 - Fred Capps Memorial Act

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 16.505-16.652, 61.510-61.705,
				78.510-78.852
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.621, The Fred Capps Memorial Act, enables
				an employee of a state-administered retirement system who is killed or disabled
				from a duty-related injury to receive death or disability benefits equal to
				those received by hazardous employees under
				KRS 16.582.
				This administrative regulation establishes the application and appeal procedure
				for duty-related death or injury benefits for nonhazardous employees.
Section 1. Application for Duty-related
			 Injury Death Benefits.
(1)
(a) A written request for duty-related injury
			 death benefits may be made by the surviving spouse, or dependent child, or
			 parent or guardian of dependent child at the Frankfort office of the Kentucky
			 Retirement Systems.
(b) A claim for
			 duty-related injury death benefits shall be verified by the deceased employee's
			 immediate supervisor and agency head on the "Form 6800, Application for Death
			 Benefits Duty Related/In Line of Duty".
Kentucky Administrative Regulations › Title 105 - KENTUCKY PUBLIC PENSION AUTHORITY › Chapter 1 - General Rules › Section 105 KAR 1:320 - Proration of service credit

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				61.545,
				61.680
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.545 provides for division of service
				credit based on the total compensation between systems and between hazardous
				and non-hazardous positions where the employee earns creditable compensation in
				more than one (1) position.
				KRS
				61.680 provides for an employee to earn
				service credit, if the employee works in more than one (1) position with
				agencies participating in the same retirement system, including part-time
				positions. This administrative regulation establishes the formula for dividing
				the service between the positions.
Section
			 1. If an employee is employed simultaneously in full-time
			 positions in both the Kentucky Employees Retirement System and the County
			 Employees Retirement System, service in a fiscal year shall be prorated between
			 the systems based on the ratio of creditable compensation earned in each system
			 to the total creditable compensation earned, except that at least one (1) month
			 of service shall be earned in each system.
Section 2. If an employee is employed
			 simultaneously in both hazardous and nonhazardous positions, either full time
			 or part time, within the same retirement system, service in a fiscal year shall
			 be prorated between the hazardous and nonhazardous positions based on the ratio
			 of creditable compensation in each position to the total creditable
			 compensation earned. The prorated creditable compensation shall be rounded to
			 the nearest whole month.
Section 3.
			 If only one (1) month contains both hazardous and nonhazardous employment or
			 positions in both the Kentucky Employees Retirement System and the County
			 Employees Retirement System, service shall be credited to the hazardous or
			 nonhazardous position, or to the retirement system based on the position with
			 the most creditable compensation. If creditable compensation is equal, the
			 service shall be credited to the position in which the most days were
			 worked.
STATUTORY AUTHORITY:
				  KRS
				  61.645(9)(e)
Kentucky Administrative Regulations › Title 105 - KENTUCKY PUBLIC PENSION AUTHORITY › Chapter 1 - General Rules › Section 105 KAR 1:330 - Purchase of service credit

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				16.645(20), (26), (29),
				(31),
				61.543,
				61.552,
				61.5525,
				61.555,
				61.592,
				78.545(6),
				(31), (35), (43),
				26
				U.S.C. 415
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.645(9)(g) requires the
				Board of Trustees of Kentucky Retirement Systems to promulgate all
				administrative regulations necessary or proper to carry out the provisions of
				KRS
				16.510 to
				16.652,
				61.515
				to
				61.705,
				and
				78.520
				to
				78.852.
				KRS
				16.645(20), (26), (29),
				(31),
				61.543,
				61.552,
				61.555,
				61.592,
				and
				78.545(6),
				(31), (35), and (43) provide for purchasing
				service credit. This administrative regulation establishes the documentation
				required from the employee as proof of eligibility for purchasing service
				credit, the filing deadlines on which the cost calculation will be made, and
				the procedures for purchase of service credit.
Section 1.
(1) The cost calculation date for determining
			 the cost of the service to be purchased shall be the later of:
(a) The last day of the month in which the
			 request for the cost of the service is received at the retirement
			 office;
(b) The last day of the
			 month the employee designates as the intended purchase date;
(c) The last day of the month in which
			 documentation of the service is filed at the retirement office;
(d) The last day of the month in which the
			 member attains sufficient service credit to be eligible to make the purchase;
			 or
(e) The last day of the month in
			 which the member terminates employment if the member files a completed Form
			 4172, Notice of Intent to Transfer Lump Sum Payment(s) to Qualified Employer
			 Sponsored Plan, at the retirement office indicating that the member intends to
			 defer the member's lump sum payment for accrued compensatory and annual leave
			 to be paid to the member at termination to the Kentucky Public Employees
			 Deferred Compensation Authority or other qualified employer sponsored plan. The
			 member shall then rollover the funds from the Kentucky Public Employees
			 Deferred Compensation Authority or other qualified employer sponsored plan to
			 Kentucky Retirement Systems as payment, in whole or in part, for the member's
			 service purchase.
Kentucky Administrative Regulations › Title 105 - KENTUCKY PUBLIC PENSION AUTHORITY › Chapter 1 - General Rules › Section 105 KAR 1:340 - Rollovers and transfers of contributions in other plans

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 16.510-16.652, 61.515-61.705, 78.520-78.852,
				26 U.S.C.
				secs. 401(a)(31),
				402(c),
				408(d)(3)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.552(16)(h) authorizes an
				employee to purchase service credit in the Kentucky Retirement Systems by
				rollover or transfer of funds from a retirement plan or deferred compensation
				arrangement, to the extent allowed under the Internal Revenue Code. This
				administrative regulation establishes the procedures and forms for making
				purchases by rollover or transfer.
Section
			 1.
(1)
(a) An employee eligible to purchase service
			 credit under
			 KRS
			 16.510 to
			 16.652,
			 61.515
			 to
			 61.705,
			 or
			 78.520
			 to
			 78.852
			 may purchase the service by transferring funds through a direct
			 trustee-to-trustee transfer, as permitted under applicable sections of the
			 Internal Revenue Code and associated regulations or rulings.
(b) Service credit may also be purchased
			 through a direct rollover, as contemplated by and permitted under
			 26 USC
			 sec. 401(a)(31) and
			 associated regulations or rulings.
(c) Service credit may also be purchased by a
			 rollover of funds pursuant to and permitted under
			 26 USC sec.
			 402(c) or
			 408(d)(3).
(d) The Kentucky Retirement Systems shall
			 accept the transfer or rollover to the extent permitted by law, as specified in
			 the applicable provisions of the Internal Revenue Code and associated
			 regulations and rulings.
Kentucky Administrative Regulations › Title 105 - KENTUCKY PUBLIC PENSION AUTHORITY › Chapter 1 - General Rules › Section 105 KAR 1:345 - Rollovers and transfers of contributions to other plans

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 16.510-16.652, 61.515-61.705, 78.520-78.852,
				26 U.S.C.
				secs. 401(a)(31),
				402(c),
				408(d)(3)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.645(9)(g) requires the
				Board of Trustees of the Kentucky Retirement Systems to promulgate
				administrative regulations necessary or proper in order to carry out the
				provisions of
				KRS
				16.505 to
				16.652,
				61.510
				to
				61.705,
				and
				78.510
				to
				78.852.
				This administrative regulation establishes what constitutes eligible rollover
				distributions, eligible retirement plans, distributions, distributees, and
				direct rollovers for purposes of compliance with
				26 U.S.C.
				401(a).
Section 1. "Eligible rollover distribution"
			 shall include any distribution of all or any portion of the balance to the
			 credit of the distributee, except:
(1) Any
			 distribution that is one (1) of a series of substantially equal periodic
			 payments made at least annually:
(a) For the
			 life or life expectancy of the distributee and the distributee's designated
			 beneficiary;
(b) The joint lives or
			 joint life expectancies of the distributee and the distributee's designated
			 beneficiary; or
(c) For a specified
			 period of ten years or more;
Kentucky Administrative Regulations › Title 105 - KENTUCKY PUBLIC PENSION AUTHORITY › Chapter 1 - General Rules › Section 105 KAR 1:350 - Collection of account without formal administration of estate

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				61.703
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.703 provides upon the death of a member,
				retiree, or recipient who has an existing account or other benefit that totals
				no more than $1,000, a surviving spouse, child, parent, or brother or sister
				may without formal administration of the estate collect the account by filing
				an appropriate affidavit with the Kentucky Retirement Systems. This
				administrative regulation establishes the process for filing for collection of
				the account.
Section 1. The survivor
			 who makes demand for the deceased member, retiree, or recipient account shall
			 file with the retirement office a Form 6826, Affidavit for Collection of
			 Account Without Formal Administration of Estate or other affidavit, and shall
			 confirm or state:
(1) The affidavit is for
			 the collection of deceased member, retiree, or recipient account and is made in
			 accordance with the provisions of
			 KRS
			 61.703 allowing for the collection of the
			 account without formal administration of the estate;
(2) The date of death of the member, retiree,
			 or recipient, and confirm that ninety (90) days have elapsed since the date of
			 death;
(3) No application or
			 petition for the appointment of a personal representative of the estate of the
			 member, retiree, or recipient is pending or has been granted in any
			 jurisdiction;
(4) The value of the
			 gross estate, wherever located and less liens and encumbrances, of the deceased
			 member, retiree, or recipient does not exceed $7,500;
(5) That he or she is the surviving spouse;
			 or if none, a surviving child; or if none, a surviving parent; or if none, a
			 surviving brother or sister;
(6)
			 That he or she is entitled to payment of the account; and
(7) That the Kentucky Retirement Systems
			 shall be discharged and held harmless to the same extent as if conducting
			 business with a personal representative; and in the event any person or entity
			 establishes a superior right to the account, the survivor shall acknowledge
			 that he or she, and not the Kentucky Retirement Systems, shall be answerable
			 and accountable for the member, retiree, or recipient account to any creditor
			 or appointed personal representative of the estate.
Kentucky Administrative Regulations › Title 105 - KENTUCKY PUBLIC PENSION AUTHORITY › Chapter 1 - General Rules › Section 105 KAR 1:365 - Hybrid cash balance plan

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				16.505,
				16.543,
				16.577,
				16.578,
				16.583,
				61.505,
				61.510,
				61.542,
				61.543,
				61.552,
				61.559,
				61.565,
				61.592,
				61.5955,
				61.597,
				61.615,
				61.625,
				61.637,
				61.640,
				61.680,
				61.702,
				78.510,
				78.545,
				78.5510,
				78.5512,
				78.5514,
				78.5516,
				78.5520,
				78.5528,
				78.5532,
				78.5536,
				78.5540,
				78.5542,
				78.615,
				78.635,
				38 U.S.C.
				4301-4335,
				26 U.S.C. 414(u)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.505(1)(g) authorizes the
				Kentucky Public Pensions Authority on behalf of the Kentucky Retirement Systems
				and the County Employees Retirement System to promulgate administrative
				regulations that are consistent with the provisions of
				KRS
				16.505 to
				16.652,
				61.510 to
				61.705, and
				78.510 to
				78.852.
				KRS
				16.583,
				61.597,
				78.5512, and
				78.5516 create a hybrid cash
				balance plan tier for members of the State Police Retirement System, Kentucky
				Employees Retirement System, and County Employees Retirement System with
				participation dates on or after January 1, 2014, or members making an election
				pursuant to KRS
				61.5955 and
				78.545. This administrative
				regulation establishes the procedures and requirements for the administration
				of the hybrid cash balance plan tier.
Section
			 1. Definitions.
(1) "Nonvested
			 member" means a member of the Systems who has less than five (5) years of
			 service credited under
			 KRS
			 16.543,
			 61.543, and
			 78.615 and who participates in
			 the hybrid cash balance plan tier based on:
(a) A participation date on or after January
			 1, 2014, or
(b) Opting into the
			 hybrid cash balance plan with a participation date between September 1, 2008
			 and December 31, 2013.
Kentucky Administrative Regulations › Title 105 - KENTUCKY PUBLIC PENSION AUTHORITY › Chapter 1 - General Rules › Section 105 KAR 1:380 - Minimum distribution

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				61.645(9)(e), 26 C.F.R.
				1.401(a)(9)-1-1.401(a)(9)-9,
				26 U.S.C.
				401(a)(9)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.645(9)(g) requires the
				Board of Trustees of Kentucky Retirement Systems to promulgate administrative
				regulations necessary to carry out the provisions of
				KRS
				61.515 to
				61.705,
				16.510
				to
				16.652,
				and
				78.520
				to
				78.852.
				KRS
				61.645(9)(e) and this
				administrative regulation implement the statutory requirements of IRC Section
				401(a)(9), which is codified as
				26 U.S.C.
				401(a)(9), and are meant to
				be a reasonable good faith interpretation of those statutory requirements. This
				administrative regulation establishes minimum distribution requirements in
				compliance with
				26 U.S.C.
				401(a)(9).
Section 1. Definitions.
(1) "Member" means a member of a retirement
			 fund established in accordance with
			 KRS
			 61.515 to
			 61.705,
			 16.510
			 to
			 16.652,
			 and
			 78.520
			 to
			 78.852,
			 and administered by the Kentucky Retirement Systems.
(2) "Required beginning date" means April 1
			 of the calendar year following the later of:
(a) The calendar year in which the member
			 attains age seventy and one-half (70 1/2); or
(b) The calendar year in which the member
			 retires.
Kentucky Administrative Regulations › Title 105 - KENTUCKY PUBLIC PENSION AUTHORITY › Chapter 1 - General Rules › Section 105 KAR 1:390 - Employment after retirement

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				15.420(2)(a),
				16.010,
				16.505,
				61.505,
				61.510,
				61.565,
				61.590,
				61.637,
				61.675,
				61.702,
				70.291
				- 70.293, 78.510, 78.545, 78.5540, 78.625, 78.635, 95.022, 158.441, 164.952,
				26 U.S.C.
				401(a),
				26 C.F.R.
				1.401-1, 1.401(a)-1
NECESSITY, FUNCTION, AND CONFORMITY: KRS 61.505(1)(g)
				authorizes the Kentucky Public Pensions Authority to promulgate administrative
				regulations on behalf of the Kentucky Retirement Systems and the County
				Employees Retirement System that are consistent with
				KRS
				16.505 to
				16.652,
				61.510
				to
				61.705,
				and
				78.510
				to
				78.852.
				KRS
				61.637(18) and 78.5540(5)
				requires the Kentucky Public Pensions Authority to promulgate administrative
				regulations to implement the requirements of
				KRS
				61.637 and 78.5540. This administrative
				regulation concerns the administration of
				KRS
				61.637 and 78.5540 in conjunction with
				federal law regarding bona fide separation from service and changes in
				employment relationship if a retired member returns to employment with a
				participating employer in a retirement system operated by the Kentucky Public
				Pensions Authority.
				26 C.F.R.
				1.401-1(a)(2) requires that
				a qualified plan expressly provide in its statutes and administrative
				regulations (plan documents) how it shall administer its plan in accordance
				with federal law in order to maintain the tax qualified status of the plan.
				This administrative regulation is necessary to maintain the tax qualified
				status of the Kentucky Employees Retirement System, the County Employees
				Retirement System, and the State Police Retirement System under
				26 U.S.C.
				401(a), and to comply with
				the provisions established in
				26 C.F.R.
				1.401-1(b)(1)(i) and
				1.401(a)-1.
Section 1. Definitions.
(1) "Agency" means:
(a) Prior to April 1, 2021, the Kentucky
			 Retirement Systems, which administered the State Police Retirement System, the
			 Kentucky Employees Retirement System, and the County Employees Retirement
			 System; and
(b) Beginning April 1,
			 2021, the Kentucky Public Pensions Authority, which is authorized to carry out
			 the day-to-day administrative needs of the Kentucky Retirement Systems
			 (comprised of the State Police Retirement System and the Kentucky Employees
			 Retirement System) and the County Employees Retirement System.
Kentucky Administrative Regulations › Title 105 - KENTUCKY PUBLIC PENSION AUTHORITY › Chapter 1 - General Rules › Section 105 KAR 1:400 - Federal taxation limitation year

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				61.645(9)(e)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.645(9)(g) requires the
				Board of Trustees of Kentucky Retirement Systems to promulgate administrative
				regulations necessary or proper in order to carry out the provisions of
				KRS
				61.510 to
				61.705,
				16.505
				to
				16.652,
				and
				78.510
				to
				78.852
				and to conform to federal statutes and regulations. This administrative
				regulation concerns the administration of testing contribution and benefit
				limits in accordance with
				26
				U.S.C. Section 415.
Section 1. Definitions.
(1) "Fiscal year" is defined by
			 KRS
			 16.505(32),
			 61.510(19),
			 and
			 78.510(19).
(2) "415(b) limit" means to the limitation on
			 benefits established by
			 26
			 U.S.C. 415(b).
(3) "415(c) limit" means the limitation on
			 annual additions established by
			 26
			 U.S.C. 415(c).
Kentucky Administrative Regulations › Title 105 - KENTUCKY PUBLIC PENSION AUTHORITY › Chapter 1 - General Rules › Section 105 KAR 1:410 - Kentucky Retirement Systems Health Insurance and Kentucky Retirement Systems Insurance Fund Trust

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				16.505(26),
				16.576(4),
				61.510(27),
				61.645(9)(g),
				61.701,
				61.702,
				78.510(26),
				26 U.S.C.
				105(b),
				115,
				213(d),
				Pub.L.
				111-148
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.645(9)(g) requires the
				Board of Trustees of Kentucky Retirement Systems to promulgate all
				administrative regulations necessary or proper in order to carry out the
				provisions of
				KRS
				61.515 to
				61.705,
				16.510
				to
				16.652,
				and
				78.520
				to
				78.852.
				KRS
				61.701(6) authorizes the
				board to promulgate administrative regulations to ensure the income of the
				Kentucky Retirement Systems Insurance Fund is exempt from taxation under Title
				26 of the United States Code.
				KRS
				61.702 requires the board to promulgate
				administrative regulations concerning requirements for a medical insurance
				reimbursement program. This administrative regulation establishes procedures
				for the administration of the Kentucky Retirement Systems health and hospital
				insurance benefits, as well as establishing eligibility requirements, necessary
				documentation for proof of insurance, deadlines for filing for reimbursement,
				and forms.
Section 1. Definitions.
(1) "Dependent child", as used in
			 KRS
			 61.702(4), is defined by
			 KRS
			 16.505(17).
(2) "Monthly contribution rate" means:
(a) The amount determined by the board as the
			 maximum contribution the retirement systems will pay toward the health
			 insurance premium of a retiree whose membership date is on or before June 30,
			 2003, including retirees who were hired by a participating agency prior to June
			 30, 2003, and who established a membership date between July 1, 2003, and July
			 12, 2004; or
(b) For a retiree
			 whose membership date is on or after July 1, 2003, the amount per month earned
			 by the retiree based on years of service as provided in
			 KRS
			 61.702(8).
(3) "Recipient" is defined by
			 KRS
			 61.510(27).