Chapter Number,Statute Number,Chapter Title,Section,Statute Title,Statute Body,History 61,61.010,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Office not to be sold — Penalty — Contracts to sell are void.,"(1) No civil or military office or post of profit, trust, or honor under this state, nor the deputation thereof, in whole or in part, shall be sold or let to farm by any person holding or expecting to hold it. (2) Any person selling, letting, buying, or receiving the letting of any office or post, or with whose knowledge it has been bought for him by another, shall be disqualified from holding the office or post, or the deputation thereof, and, upon conviction, shall be expelled therefrom. (3) Except as to bonds of indemnity from a deputy and his sureties given to a chief officer, every contract or security made or obtained in violation of this section shall be void.", 61,61.012,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Qualification for appointive office or position as to compliance with campaign finance laws.,"No person shall be qualified to hold any appointive state office or position, made by gubernatorial appointment, until the person provides the secretary of the Personnel Cabinet with his sworn statement made under penalty of perjury that he has not knowingly violated any provision of the campaign finance laws of the Commonwealth and that his appointment to a state office or position will not violate any provision of the campaign finance laws of the Commonwealth. “Knowingly” means, with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or should have been aware that his conduct is of that nature or that the circumstance exists.", 61,61.015,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Residence requirements for office or employment when city or district boundaries altered.,"No person shall be disqualified from election or appointment to any public office or position of employment, for which the law requires a term of prior residence in a district or city, solely because of alterations in city or district boundaries; and he shall be deemed to meet such residence requirement if he has resided during the period required by law in the geographic area encompassed by the boundaries of the city or district from which he is elected or appointed.", 61,61.020,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,"Commissions, which officers required to have.","The following officers shall have commissions issued to them by the Governor: Secretary of State, Auditor of Public Accounts, Treasurer, Commissioner of Agriculture, Superintendent of Public Instruction, Justices of the Supreme Court, clerk of the Supreme Court, Judges of the Court of Appeals, clerk of the Court of Appeals, railroad commissioners, Judges of the Circuit Courts, District Judges, county judges/executive, Commonwealth’s attorneys, justices of the peace, and all the officers of the militia of rank and grade higher than and including the rank and grade of captain.", 61,61.030,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,"Discharge of duties, when officer to enter upon.","All officers other than those mentioned in KRS 61.020 may enter upon the discharge of the duties of their offices at the time prescribed by the Constitution or the statute creating the office, upon taking the oath and executing the bond required by law.", 61,61.035,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Deputy may act for ministerial officer.,"Any duty enjoined by law or by the Rules of Civil Procedure upon a ministerial officer, and any act permitted to be done by him, may be performed by his lawful deputy.", 61,61.040,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Conviction of certain crimes vacates office — Pardon does not avoid.,"If any officer or deputy holding any office or post mentioned in KRS 61.010 is convicted of bribery, forgery, perjury or any felony, by a court of record in or out of this state, his office or post shall be vacated by such conviction, and if a pardon is afterward granted to him it shall not avoid the forfeiture.", 61,61.050,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Officer’s acts before conviction are valid.,"All judgments rendered or acts done by such person, by authority or color of his office, before his removal or such conviction, are valid.", 61,61.060,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,"Official acts may be questioned collaterally, when.","No fact officially stated by an officer in respect of a matter about which he is by law required to make a statement in writing, either in the form of a certificate, return or otherwise, shall be called in question, except in a direct proceeding against the officer or his sureties, or upon the allegation of fraud in the party benefited thereby or mistake on the part of the officer.", 61,61.070,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Eligibility of General Assembly member or candidate as administrative board or commission member.,"A person may serve as a member of the General Assembly or may be a candidate for election to the General Assembly and at the same time be a member of a state administrative board or commission. Such membership shall not constitute a conflict of interest. Any member of the General Assembly who serves on a state administrative board or commission shall receive no compensation for serving on such board or commission other than his expenses, unless it is required by law that the membership of the board or commission include a member of the General Assembly, in which case he shall receive the same compensation in the same manner as any other member of the board or commission.", 61,61.080,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Incompatible offices.,"(1) No person shall, at the same time, be a state officer, a deputy state officer, or a member of the General Assembly, and an officer of any county, city, consolidated local government, or other municipality, or an employee thereof. (2) The offices of justice of the peace, county judge/executive, surveyor, sheriff, deputy sheriff, coroner, constable, jailer, and clerk or deputy clerk of a court, shall be incompatible, the one (1) with any of the others. The office of county judge/executive and county school superintendent are incompatible. (3) No person shall, at the same time, fill a county office and a municipal office. Notwithstanding the fact that consolidated local governments have both municipal and county powers, persons who hold the office of mayor or legislative council member of a consolidated local government shall not thereby be deemed to hold both a county office and a municipal office. Officers of consolidated local governments shall not, at the same time, fill any other county or municipal office. (4) No person shall, at the same time, fill two (2) municipal offices, either in the same or different municipalities. (5) No person shall, at the same time, fill any two (2) appointed offices of special purpose governmental entities, as defined in KRS 65A.010, that each have the authority to levy taxes. (6) No person shall, at the same time, fill any state office and an appointed office of a special purpose governmental entity that has the authority to levy taxes, unless a state statute specifically requires a person holding a state office to serve in an appointed office of a special purpose governmental entity that has the authority to levy taxes. (7) The following offices shall be incompatible with any other public office: (a) Member of the Public Service Commission of Kentucky; (b) Member of the Workers’ Compensation Board; (c) Commissioner of the fiscal court in counties containing a city of the first class; (d) County indexer; (e) Member of the legislative body of cities of the first class; (f) Mayor and member of the legislative council of a consolidated local government; and (g) Mayor and member of the legislative body in cities of the home rule class. (8) No office in the Kentucky active militia shall be incompatible with any civil office in the Commonwealth, either state, county, district, or city. (9) Service as a volunteer firefighter in a volunteer fire department district or fire protection district formed pursuant to KRS Chapter 65, 75, 95, or 273 shall not be incompatible with any civil office in the Commonwealth, whether state, county, district, or city.", 61,61.090,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Acceptance of incompatible office vacates first.,The acceptance by one (1) in office of another office or employment incompatible with the one (1) he holds shall operate to vacate the first., 61,61.092,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Purpose of KRS 61.092 to 61.096. [Amended and reenacted.],, 61,61.094,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Definitions for KRS 61.092 to 61.096. [Repealed and reenacted.],, 61,61.096,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Prohibited conflicts of interest of public officers and employes. [Amended and reenacted.],, 61,61.097,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,"Involvement of local government officers, employees, and their spouses in contracts for solid waste management facilities — Effect on contract — Penalties.","(1) No elected or nonelected local government officer or employee or a spouse of such an officer or employee shall, directly or indirectly, receive any benefits or emoluments from, furnish any material or other thing of value to be used in, or be interested in, any contract let by waste management districts, counties, cities, or any combination thereof, for a solid waste management facility. (2) Any contract made and procured in violation of subsection (1) of this section is void. Any elected or nonelected local government officer or employee who violates any provisions of subsection (1) of this section shall be guilty of a Class B misdemeanor, and shall be adjudged to have forfeited any public office or employment which he may hold. An elected or nonelected local government officer or employee’s spouse who violates any provisions of subsection (1) of this section shall be guilty of a Class B misdemeanor.", 61,61.098,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Practice of law prohibited.,"(1) No county clerk or circuit clerk shall maintain a law partnership or association with an attorney-at-law. (2) No circuit clerk, county clerk, justice of the peace, constable, or recorder shall keep his office with that of an attorney-at-law.", 61,61.100,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Dueling disqualifies person to hold office.,"Any person convicted of sending, accepting or knowingly carrying a challenge, for the purpose described in KRS 437.030, shall forfeit any office of honor or profit held by him at the time he committed the offense, or when convicted thereof, and shall thereafter be disqualified to hold any such office.", 61,61.101,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Definitions.,"As used in KRS 61.102 and 61.103, unless the context requires otherwise: (1) “Employee” means a person in the service of the Commonwealth of Kentucky, or any of its political subdivisions, who is under contract of hire, express or implied, oral or written, where the Commonwealth, or any of its political subdivisions, has the power or right to control and direct the material details of work performance; (2) “Employer” means the Commonwealth of Kentucky or any of its political subdivisions. Employer also includes any person authorized to act on behalf of the Commonwealth, or any of its political subdivisions, with respect to formulation of policy or the supervision, in a managerial capacity, of subordinate employees; and (3) “Official request” means a request from members of the Kentucky General Assembly and its employees; members of the Legislative Research Commission and its committees and employees; the Auditor of Public Accounts and his employees; the Attorney General and his employees; the Governor and employees of the Governor’s office; and members of the press.", 61,61.102,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Reprisal against public employee for disclosure of violations of law prohibited — Construction of statute.,"(1) No employer shall subject to reprisal, or directly or indirectly use, or threaten to use, any official authority or influence, in any manner whatsoever, which tends to discourage, restrain, depress, dissuade, deter, prevent, interfere with, coerce, or discriminate against any employee who in good faith reports, discloses, divulges, or otherwise brings to the attention of the Kentucky Legislative Ethics Commission, the Attorney General, the Auditor of Public Accounts, the Executive Branch Ethics Commission, the General Assembly of the Commonwealth of Kentucky or any of its members or employees, the Legislative Research Commission or any of its committees, members or employees, the judiciary or any member or employee of the judiciary, any law enforcement agency or its employees, or any other appropriate body or authority, any facts or information relative to an actual or suspected violation of any law, statute, executive order, administrative regulation, mandate, rule, or ordinance of the United States, the Commonwealth of Kentucky, or any of its political subdivisions, or any facts or information relative to actual or suspected mismanagement, waste, fraud, abuse of authority, or a substantial and specific danger to public health or safety. No employer shall require any employee to give notice prior to making such a report, disclosure, or divulgence. (2) No employer shall subject to reprisal or discriminate against, or use any official authority or influence to cause reprisal or discrimination by others against, any person who supports, aids, or substantiates any employee who makes public any wrongdoing set forth in subsection (1) of this section. (3) This section shall not be construed as: (a) Prohibiting an employer from requiring that an employee inform him or her of an official request made to an agency for information, or the substance of testimony made, or to be made, by the employee to legislators on behalf of an agency; (b) Permitting the employee to leave his or her assigned work area during normal work hours without following applicable law, administrative regulations, rules, or policies pertaining to leave, unless the employee is requested by the Kentucky Legislative Ethics Commission or the Executive Branch Ethics Commission to appear before the commission, or by a legislator or a legislative committee to appear before a legislative committee; (c) Authorizing an employee to represent his or her personal opinions as the opinions of his or her employer; or (d) Prohibiting disciplinary or punitive action if an employee discloses information which he or she knows: 1. To be false or which he or she discloses with reckless disregard for its truth or falsity; 2. To be exempt from required disclosure under the provisions of KRS 61.870 to 61.884; or 3. Is confidential under any other provision of law.", 61,61.103,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Definitions of “disclosure” and “contributing factor” — Civil action by employee authorized — Evidence.,"As used in this section, unless the context otherwise requires: (1) (a) “Disclosure” means a person acting on his own behalf, or on behalf of another, who reported or is about to report, either verbally or in writing, any matter set forth in KRS 61.102. (b) “Contributing factor” means any factor which, alone or in connection with other factors, tends to affect in any way the outcome of a decision. It shall be presumed there existed a “contributing factor” if the official taking the action knew or had constructive knowledge of the disclosure and acted within a limited period of time so that a reasonable person would conclude the disclosure was a factor in the personnel action. (2) Notwithstanding the administrative remedies granted by KRS Chapters 16, 18A, 78, 90, 95, 156, and other chapters of the Kentucky Revised Statutes, employees alleging a violation of KRS 61.102(1) or (2) may bring a civil action for appropriate injunctive relief or punitive damages, or both, within ninety (90) days after the occurrence of the alleged violation. The action may be filed in the Circuit Court for the county where the alleged violation occurred, the county where the complainant resides, or the county where the person against whom the civil complaint is filed resides or has his principal place of business. (3) Employees filing court actions under the provisions of subsection (2) of this section shall show by a preponderance of evidence that the disclosure was a contributing factor in the personnel action. Once a prima facie case of reprisal has been established and disclosure determined to be a contributing factor to the personnel action, the burden of proof shall be on the agency to prove by clear and convincing evidence that the disclosure was not a material fact in the personnel action. (4) Any employee who testifies in an official proceeding shall be afforded the same protections and rights as the employee who makes a disclosure as set forth in KRS 61.102.", 61,61.110,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,State officers at capital may retain residence in home district.,"State officers who are required, in the discharge of their duties, to remain at the state capital more than three (3) months in each year, may, with their families, temporarily reside at the state capital for any space of time during the term for which they were elected or appointed, without changing or losing their legal and permanent residence in the district and precinct in which they resided at the time of their temporary removal. Such officers and their families shall for all purposes be regarded as residents of the precinct and district from which they removed. In all cases it shall be necessary for the officer so intending to temporarily remove to file and cause to be recorded, in the clerk’s office of the county judge/executive of the county of his residence and in the clerk’s office of the county judge/executive of Franklin County, a statement of such intention.", 61,61.120,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Salary — Deduction from for failure to perform duty.,"(1) If any officer paid in whole or in part out of the State Treasury or by any county fails or neglects to perform his duties, without a good excuse set out in full by his affidavit and certified by order of court to the Finance and Administration Cabinet or other paying officer, there shall be thereafter deducted from his salary such an amount as the total number of days during the year in which he failed or neglected to discharge his duty bears to the whole number of days in the year for which he received compensation. So much of the amount deducted as is necessary shall be applied to the payment of the special officer who performs the duty of the officer so failing. (2) Before the court enters an order under KRS 61.130, the court or judge designated in KRS 61.130 shall inform the officer accused of failure to perform or neglect of duty of the accusations and shall conduct a hearing on the accusations. At the conclusion of the hearing, the court or judge shall enter findings of facts and conclusions of law and an appropriate order. Either party may appeal the order to the Court of Appeals in accordance with the Rules of Civil Procedure, and such appeal shall be advanced on the docket for immediate review. Provided, however, that the notice of appeal and order appealed from shall be filed with the clerk of the Court of Appeals within thirty (30) days after the order appealed from was filed with the county clerk or Circuit Court clerk. (3) The court or judge designated in KRS 61.130 may appoint a hearing commissioner to conduct the hearing authorized by subsection (2) of this section. If a hearing commissioner is appointed, the case shall proceed in accordance with the Rules of Civil Procedure regarding hearing commissioners.", 61,61.130,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,"Salary of county attorney, county judge/executive or Commonwealth’s attorney — How deducted.","The county judge/executive shall, by an order entered of record, enforce the provisions of KRS 61.120 as against county attorneys, and the fiscal court shall enforce its provisions as against the county judge/executive. The Circuit Judge shall enforce its provisions as against the Commonwealth’s attorney in his judicial circuit, by an order entered of record, a copy of which shall, as soon as entered, be sent by the clerk of the court to the Finance and Administration Cabinet.", 61,61.140,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Salary of judge of circuit court or Court of Appeals. [Repealed.],, 61,61.150,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Member of General Assembly — How salary deducted.,"The Speaker of the House of Representatives and the President of the Senate shall direct the clerk of the House or Senate, as the case may be, to certify to the Finance and Administration Cabinet the number of days each member of the branch of the General Assembly over which he presides failed to be present without good excuse, and the Finance and Administration Cabinet shall, upon the receipt of such certificate, deduct the per diem for the number of days the member was absent without good excuse from the salary thereafter due the member for services during that session of the General Assembly.", 61,61.160,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Closing public offices.,"Public offices in counties containing a city of any class may close any one (1) full day of any week, or any two (2) half days Monday through Saturday of any week.", 61,61.165,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Smoking policy for governmental office buildings or workplaces and postsecondary education institutions.,"(1) Except as otherwise specified for the Capitol and Capitol Annex in KRS 61.167, a policy for smoking in governmental office buildings or workplaces shall be adopted by state government. This policy shall apply to all state-owned or state-operated office buildings, workplaces, and facilities, including but not limited to state-operated hospitals and residential facilities for the intellectually disabled, state-operated veterans’ nursing homes and health facilities, and any correctional facility owned by, operated by, or under the jurisdiction of the state. (2) Except as otherwise specified for the Capitol and Capitol Annex in KRS 61.167, any policy relating to smoking in state office buildings or workplaces shall be by executive order of the Governor or action of the General Assembly, and shall: (a) 1. Require the governmental authority to provide accessible indoor smoking areas in any buildings where smoking is otherwise restricted; and 2. Favor allowing smoking in open public areas where ventilation and air exchange are adequate and there are no restrictions otherwise placed on the area by the state fire marshal or other similar authority; or (b) Prohibit indoor smoking. (3) Except as otherwise specified for the Capitol and Capitol Annex in KRS 61.167, a policy for smoking in governmental office buildings or workplaces may be adopted by county, municipal, special district, urban-county, charter county, or consolidated local governments. Any policy adopted under this subsection may apply to any office buildings, workplaces, or facilities that are owned by, operated by, or under the jurisdiction of that government, including but not limited to jails and detention facilities. Any policy relating to smoking in governmental office buildings or workplaces of counties, municipalities, special districts, urban-county governments, charter county governments, or consolidated local governments shall be adopted in writing by the legislative body of the government and shall: (a) 1. Require the government authority to provide accessible indoor smoking areas in any buildings where smoking is otherwise restricted; and 2. Favor allowing smoking in open public areas where ventilation and air exchange are adequate and there are no restrictions otherwise placed on the area by the state fire marshal or other similar authority; or (b) Prohibit indoor smoking. (4) Each board of regents or trustees for each of the state postsecondary education institutions shall adopt a written policy relating to smoking in all buildings owned by, operated by, or under the jurisdiction of the state postsecondary education institutions that shall: (a) 1. Provide accessible indoor smoking areas in any buildings where smoking is otherwise restricted; and 2. Favor allowing smoking in open public areas where ventilation and air exchange are adequate and there are no restrictions otherwise placed on the area by the state fire marshal or other similar authority; or (b) Prohibit indoor smoking.", 61,61.167,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Smoking prohibited in public areas of Capitol and Capitol Annex — “Public area” defined — Each branch may designate smoking areas — Requirements for smoking area.,"(1) As of July 13, 2004, there shall be no smoking in public areas of the Capitol or Capitol Annex, except as permitted in subsection (2) of this section. For purposes of this section, “public area” means any hallway, office shared by more than one (1) person, stairwell, restroom, meeting room, cafeteria, or conference room. (2) The governing authority for each branch of state government, each in regard to space allocated to and occupied by that respective branch of state government, may designate one (1) or more smoking areas in the Capitol and one (1) or more smoking areas in the Capitol Annex. Each smoking area shall be an enclosed area that is not a public area, is clearly designated as a smoking area, and is maintained by a ventilation system that does not disburse the smoke or smoke byproducts into any other area of the Capitol or Capitol Annex.", 61,61.168,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,"Body-worn cameras and video and audio recordings — Disclosure, retention, and availability for viewing governed by KRS 61.870 to 61.884 and 171.410 to 171.740 — Exceptions.","(1) As used in this section: (a) “Body-worn camera” means a video or audio electronic recording device that is carried by or worn on the body of a public safety officer. This definition does not include a dashboard mounted camera or recording device used in the course of clandestine investigations; (b) “Body-worn camera recording” or “recording” means a video or audio recording, or both, that is made by a body-worn camera during the course of a public safety officer’s official duties; (c) “Personal representative” means a court-appointed guardian, attorney, or agent possessing written authorization to act on behalf of a person that is involved in an incident contained in a body-worn camera recording, a person holding a power of attorney for a person that is involved in an incident contained in a body-worn camera recording, or the parent or guardian of a minor child depicted in a body-worn camera recording. If a person depicted in the recording is deceased, the term also means the personal representative of the estate of the deceased person, the deceased person’s surviving spouse, parent, or adult child, the deceased person’s attorney, or the parent or guardian of a surviving minor child of the deceased; (d) “Public agency” has the same meaning as in KRS 61.870(1); (e) “Public safety officer” means any individual that is an employee of a public agency who is certified as a first responder under KRS Chapter 311A or whose employment duties include law enforcement or firefighting activities; and (f) “Use of force” means any action by a public safety officer that results in death, physical injury as defined in KRS 500.080, discharge of a personal body weapon, chemical agent, impact weapon, extended range impact weapon, sonic weapon, sensory weapon, conducted energy weapon, or a firearm, or involves the intentional pointing of a public safety officer’s firearm at a member of the public. (2) Except as provided in this section, the disclosure of body-worn camera recordings shall be governed by the Kentucky Open Records Act, as set forth in KRS 61.870 to 61.884. (3) The retention of body-worn camera video recordings shall be governed by KRS 171.410 to 171.740, and the administrative regulations promulgated by the Kentucky Department for Libraries and Archives. (4) Notwithstanding KRS 61.878(4), unless the request meets the criteria provided under subsection (5) of this section, a public agency may elect not to disclose body-worn camera recordings containing video or audio footage that: (a) Includes the interior of a place of a private residence where there is a reasonable expectation of privacy, unless the legal owner or lessee with legal possession of the residence requests in writing that the release be governed solely under the provisions of KRS 61.870 to 61.884; (b) Includes the areas inside of a medical facility, counseling, or therapeutic program office where a patient is registered to receive treatment, receiving treatment, waiting for treatment, or being transported in the course of treatment; (c) Would disclose health care information shared with patients, their families, or with a patient’s care team or that is considered protected health information under the Health Insurance Portability and Accountability Act of 1996; (d) Includes the areas inside of a correctional facility when disclosure would reveal details of the facility that would jeopardize the safety, security, or well-being of those in custody, the staff of the correctional facility, or law enforcement officers; (e) Is of a sexual nature or video footage that contains nude images of an individual’s genitals, pubic area, anus, or the female nipple; (f) Is of a minor child, including but not limited to footage involving juvenile custody matters; (g) Includes the body of a deceased individual; (h) Would reveal the identity of witnesses, confidential law enforcement informants, or undercover law enforcement officers, or if the release could jeopardize the safety, security, or well-being of a witness or confidential informant; (i) Would reveal the location information of a domestic violence program or emergency shelter; (j) Would reveal information related to schools, colleges, and universities that is protected by the federal Family Educational Rights and Privacy Act; (k) Would result in the disclosure of nonpublic or confidential data classified as Criminal Justice Information Services data by the Federal Bureau of Investigation; (l) Includes a public safety officer carrying out duties directly related to the hospitalization of persons considered mentally ill; (m) Includes the depiction of the serious injury or death of a public safety officer; or (n) Includes footage made in conjunction with a law enforcement exercise that includes special response team actions, hostage negotiations, or training events, but only where the public release of tactics, operational protocol, or methodology would disadvantage the capability of public safety officers to successfully respond in emergency or other dangerous situations. (5) If the recording contains video or audio footage that: (a) Depicts an encounter between a public safety officer where there is a use of force, the disclosure of the record shall be governed solely by the provisions of KRS 61.870 to 61.884, including all of the exceptions contained therein; (b) Depicts an incident which leads to the detention or arrest of an individual or individuals, the disclosure of the record shall be governed solely by the provisions of KRS 61.870 to 61.884, including all of the exceptions contained therein; (c) Depicts an incident which is the subject of a formal complaint submitted against a public safety officer under KRS 15.520, 67C.326, or 95.450, or depicts an incident which is the subject of a formal legal or administrative complaint against the agency employing the public safety officer, the release of the record shall be governed by the provisions of KRS 61.870 to 61.884, including all of the exceptions contained therein; or (d) Is requested by a person or other entity or the personal representative of a person or entity that is directly involved in the incident contained in the body-worn camera recording, it shall be made available by the public agency to the requesting party for viewing on the premises of the public agency, but the public agency shall not be required to make a copy of the recording except as provided in KRS 61.169. The requesting parties shall not be limited in the number of times they may view the recording under this paragraph. (6) Nothing in this section or KRS 61.169 shall be interpreted to override any provision related to: (a) Reports by law enforcement officers and criminal justice agencies under KRS 17.150; (b) The law and rules governing discovery or the submission and display of evidence in any court proceeding, whether criminal or civil, or any administrative proceeding; or (c) The provisions of KRS 189A.100.", 61,61.169,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Attorney representing person or entity involved in body-worn camera recording incident — Right to view copy of recording — Limitations — Sanctions.,"(1) Subject to the provisions of KRS 61.870 to 61.884 and the following requirements, a copy of a recording that may be viewed under KRS 61.168(5)(d) shall, upon request, be made for and provided to an attorney that: (a) Is licensed to practice law in the Commonwealth of Kentucky; (b) Represents the person or entity that is directly involved in the incident contained in the body-worn camera recording; (c) Has not been disqualified under subsection (3) of this section; and (d) Executes an affidavit in support of limited release regarding the attorney’s responsibility for the care and custody of the copy of the recording that specifically stipulates that he or she: 1. Will only use the recording for the sole purposes of evaluating or preparing for an existing or potential court case or administrative proceeding or in consulting with insurance companies on matters related to insurance coverage of incidents that are depicted in the recording; 2. Will not distribute duplicate copies of the recording except for the sole purpose of having an expert or other professional consultant provide analysis to the attorney for the purposes of evaluating or preparing for an existing or potential court case or administrative proceeding or with an insurance company for the purposes of accessing claims coverage, settlement, or other matters involving an insurance contract; 3. Will execute a contract with any expert, professional consultant, or insurance company that is provided a duplicate copy of the recording pursuant to this paragraph that requires the expert or professional consultant to be bound by the same limitations and requirements as the attorney for the care and custody of the recording as required by this paragraph; 4. Will not allow individuals or others that are not under the attorney’s control or supervision the ability to view the contents of the recording in any form except for the sole purpose of preparation for an existing or potential court or administrative proceeding, communications regarding matters related to insurance, or for the purposes of displaying the recording as evidence in any court or administrative proceeding; 5. Will destroy any copy of the recording when the recording is no longer used for the purposes of this section or the court or administrative proceeding has been finally adjudicated to its conclusion; and 6. Acknowledges that as an officer of the court, he or she may be subject to professional discipline or other legal liability for a breach of an affidavit executed under this section. (2) If an attorney violates an affidavit executed under subsection (1) of this section, the public agency shall refer the matter to the Kentucky Bar Association for it to consider any appropriate action under the Kentucky Rules of Professional Conduct. The public agency may take any additional legal action against an attorney for such a violation. (3) Any attorney who has been disciplined under the Rules of Professional Conduct or has otherwise been found by a court of law to have violated an affidavit executed under subsection (1) of this section shall be disqualified from making any subsequent requests for copies of recordings under the provisions of this section. (4) A public agency that produces a copy of a recording pursuant to this section may treat the request for the recording as a commercial request and charge a reasonable fee for the costs of production as authorized under KRS 61.874(4)(c).", 61,61.170,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Malfeasance or neglect of county officers — Penalty.,"(1) County judges/executive, justices of the peace, sheriffs, coroners, surveyors, jailers, county attorneys, and constables may be indicted in the county in which they reside for misfeasance or malfeasance in office, or willful neglect in the discharge of official duties, and if convicted they shall be fined not less than one hundred ($100) nor more than one thousand dollars ($1,000), and the judgment of conviction shall declare the office held by such person vacant. (2) Any sheriff, deputy sheriff, policeman, or other peace officer who fails to enforce any provision of KRS Chapter 242 after receiving information of a violation thereof, or having knowledge of a violation thereof and failing to act thereon, may be indicted for nonfeasance or malfeasance in office, and if convicted shall be fined not less than fifty ($50) nor more than two hundred dollars ($200), and the judgment of conviction shall declare the office held by such person vacant. (3) In the absence of good cause shown, a member of the fiscal court who fails to attend fifty percent (50%) of the regular terms of the fiscal court within a six (6) month period or who fails to attend two (2) consecutive terms of the fiscal court shall be charged with neglect of office and upon conviction shall forfeit his office.", 61,61.180,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Drunkenness of officer on duty — Penalty.,"If any person holding a public office shall, while in the discharge of the duties of his office, become intoxicated, or unable, incompetent or disqualified to discharge any of the duties of his office by the use of spirituous, vinous or malt liquors, he shall be fined not less than one hundred ($100) nor more than one thousand dollars ($1,000).", 61,61.190,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Receiving profit on public funds — Penalty. [Repealed.],, 61,61.200,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,"Jury fees, penalty for buying.","Any officer who, directly or indirectly, buys or contracts for the claim for services of any grand or petit juryman shall be fined not more than fifty dollars ($50).", 61,61.210,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,"Justices, county judges/executive, county attorneys, and mayors or council members of consolidated local government not to be interested in public improvements — Penalty.","(1) No justice of the peace, while he is a member of the fiscal court, shall, directly or indirectly: (a) Become interested in or receive benefits or emoluments from any contract let by the fiscal court of his county with relation to the building of roads or any internal improvements; (b) Work or supervise work, for compensation, on any public road, bridge, culvert, fill, quarry pit, or any other road work or internal improvement under any contract made with the fiscal court; or (c) Furnish, for compensation, any material to the county to be used in the construction of any road or bridge or other internal improvement. (2) No county judge/executive, county attorney, or mayor or council member of a consolidated local government shall, directly or indirectly, receive any benefits or emoluments from, furnish any material or other thing of value to be used in, or be interested in any contract let by the fiscal court or consolidated local government for, the construction of any roads, bridges, or parts thereof, or any other public or internal improvement. (3) Any officer who violates any of the provisions of this section shall be fined not less than fifty dollars ($50) nor more than two hundred dollars ($200) or imprisoned in the county jail not less than ten (10) nor more than forty (40) days, or both, and shall forfeit his office.", 61,61.220,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Fiscal court members and mayors or council members of a consolidated local government not to be interested in public improvements or claims against county — Penalty.,"(1) Any member of the fiscal court, or any mayor or council member of a consolidated local government, who becomes interested, directly or indirectly, in any contract for work to be done or material to be furnished for the county or any district thereof, or who becomes interested in any claim against the county shall be fined not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000) for each offense. (2) If any county judge/executive, justice of the peace, or mayor or council member of a consolidated local government is, by the same act, guilty of a violation of this section and KRS 61.210, he shall be punished as provided in KRS 61.210.", 61,61.230,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Sheriff and collector not to be interested in public improvements or claims against state or county — Penalty.,"Any sheriff or collector of taxes who becomes interested, directly or indirectly, in the construction of any public works or improvements in which the county or state is directly or indirectly interested, or on which he may be required to pay money, or who speculates in any claim against the state or county shall be fined not less than five hundred ($500) nor more than two thousand dollars ($2,000) for each offense.", 61,61.240,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,County attorney and clerks not to buy claims against county — Penalty.,"Any county attorney, circuit clerk or deputy, or county clerk or deputy who purchases or speculates in any claim allowed by the fiscal court of his county shall be fined in a sum twice the amount purchased or speculated in by him.", 61,61.250,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,First-class city officers and employees not to be interested in city contracts or work — Penalty. [Repealed.],, 61,61.251,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Definitions for KRS 61.252.,"As used in KRS 61.252: (1) “City agency” means any board, commission, authority, nonstock corporation, or other entity created by a city, either individually or jointly with any other unit of local government; (2) “Contract” means any agreement for the sale, lease, or purchase of any interest in real or personal property or the provision of any service; and (3) “Officer” means any person, whether compensated or not, and whether full-time or part-time, who is an elected or appointed officer of a city, or who is a member of the governing board of any city agency.", 61,61.252,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Prohibition against city officers and employees contracting with city or city agency for property or services — Exceptions — Penalty.,"(1) No officer or employee of any city or city agency shall directly or through others undertake, execute, hold, or enjoy, in whole or in part, any contract made, entered into, awarded, or granted by the officer’s or employee’s city or city agency, with the following exceptions: (a) The prohibition in this section shall not apply to contracts entered into before an elected officer filed as a candidate for city office, before an appointed officer was appointed to the office, or before an employee was hired by the city or city agency; provided that if the contract is renewable, the prohibition shall apply to any renewal of the contract that occurs after the officer is elected or appointed, or after the employee is hired, unless the provisions of paragraph (c) of this subsection are satisfied; (b) The prohibition in this section shall not apply if the contract is awarded after public notice and competitive bidding, unless the officer or employee is authorized to participate in establishing the contract specifications, or awarding, or managing the contract, in which case the provisions of paragraph (c) of this subsection shall be satisfied; (c) The prohibition in this section shall not apply if the following requirements are met: 1. The specific nature of the contract transaction and the nature of the officer’s or employee’s interest in the contract are publicly disclosed at a meeting of the governing body of the city or city agency; 2. The disclosure is made a part of the official record of the governing body of the city or city agency before the contract is executed; 3. A finding is made by the governing body of the city or city agency that the contract with the officer or employee is in the best interests of the public and the city or city agency because of price, supply, or other specific reasons; and 4. The finding is made a part of the official record of the governing body of the city or city agency before the contract is executed. (2) Violation of this section is a Class A misdemeanor, and upon conviction, the court may void any contract entered into in violation of this section. Additionally, violation of this section shall be grounds for removal from office or employment, in accordance with applicable provisions of law.", 61,61.260,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Officer of city of second or third class not to be interested in contract with city — Penalty. [Repealed.],, 61,61.270,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Fourth-class city officers not to be interested in contract with city — Penalty. [Repealed.],, 61,61.280,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Fifth and sixth-class city officers not to be interested in contract with city — Penalty. [Repealed.],, 61,61.290,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Local officers to make annual statement of collections and disbursements; publication; penalty for failure; publication of list of delinquent taxpayers; when legal publications to be in newspaper with largest bona fide circulation. [Repealed.],, 61,61.295,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Copy of published annual statement to be filed with Auditor. [Repealed.],, 61,61.298,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Required written police pursuit policies — Subjects to be addressed — Filing with Justice and Public Safety Cabinet — Officers’ written confirmation of receipt — Annual review — Purpose.,"(1) As used in this section, “law enforcement agency” means: (a) Any public agency that employs a police officer as defined in KRS 15.420 or a special law enforcement officer as defined in KRS 61.900; (b) Any public agency that is composed of or employs other public peace officers; and (c) Any elected or appointed peace officer who is authorized to exercise powers of a peace officer as defined in KRS 446.010. (2) On or before January 1, 2021, each law enforcement agency of this state shall adopt, implement, enforce, and maintain written policies that establish standards and procedures for the vehicular pursuit of any person who has violated or is suspected of violating the laws of this state. The policy shall create guidelines for determining when the interests of public safety and effective law enforcement justify the initiation or termination of a vehicular pursuit. The policy shall address the following subjects: (a) The definition of pursuit that will be governed under the law enforcement agency’s policy; (b) Decision-making criteria or principles that are designed to assist peace officers in determining whether to initiate a pursuit. The criteria or principles may include but shall not be limited to: 1. The potential for harm or potential danger to others if the fleeing individual evades or escapes immediate custody; 2. The seriousness of the offense committed or believed to be committed, by the fleeing individual or individuals, prior to the officer activating emergency equipment; 3. If the officer has a reasonable and articulable suspicion that the driver or an occupant of the vehicle in which they are fleeing represent a clear and present danger to the public safety; 4. Safety factors that pose a risk to peace officers, other motorists, pedestrians, or other third parties; 5. Vehicular or pedestrian traffic safety and volume; 6. Weather and vehicle conditions; 7. Potential speeds of the pursuit; and 8. Consideration of whether the identity of an offender is known and could be apprehended at a later time; (c) Responsibilities of the pursuing peace officer or officers, including pursuit tactics and when those tactics are appropriate for use by the officer or officers; (d) Procedures for designating the primary pursuit vehicle and for determining the total number of vehicles that are permitted to participate at one (1) time in the pursuit; (e) Coordination of communications during the pursuit, including but not limited to responsibilities of the pursuing officer to communicate with his or her communications center at the commencement of a pursuit regarding the location, direction of travel, reason for the pursuit, and ongoing status reporting during the pursuit; (f) A requirement that there is supervisory control of the pursuit, including the responsibilities of command staff or other supervisors during the pursuit, if a supervisor is available; (g) The circumstances and conditions where the use of pursuit intervention tactics, including but not limited to blocking, ramming, boxing, and roadblock procedures may be employed; (h) Decision-making criteria or principles that are designed to assist peace officers in making an ongoing determination during the course of the pursuit of whether to continue the pursuit or to terminate or discontinue it. The criteria or principles may include but shall not be limited to: 1. The potential for harm or potential danger to others if the fleeing individual evades or escapes immediate custody; 2. The seriousness of the offense committed or believed to have been committed by the individual or individuals that are fleeing; 3. Safety factors that pose a risk to peace officers, other motorists, pedestrians, or other third parties; 4. Vehicular or pedestrian traffic safety and volume; 5. Weather and vehicle conditions; 6. Speeds of the pursuit; 7. Consideration of whether the identity of an offender is known and could be apprehended at a later time; or 8. Where the officer has a reasonable and articulable suspicion that the driver or an occupant of the vehicle in which they are fleeing represent a clear and present danger to the public safety; (i) Procedures for coordinating the pursuit with other law enforcement agencies, including procedures for interjurisdictional pursuits; and (j) A process for reporting and evaluating each pursuit by the law enforcement agency. (3) The policy adopted by a law enforcement agency may be a model policy that has been endorsed by a national or state organization if the model complies with subsection (2) of this section and other laws of this Commonwealth. (4) Upon the initial adoption of the policy, a law enforcement agency shall cause a full copy of its policy to be filed with the Justice and Public Safety Cabinet, which shall maintain a list of law enforcement agencies that have complied with the requirements of this section. (5) Each law enforcement agency shall receive and maintain written confirmation from each officer in its employment that he or she has received a copy of the policy, and that he or she has received instruction or training specific to the law enforcement agency’s policy. (6) Any policy adopted pursuant to this section shall be reviewed annually and may be revised at any time by the agency adopting it. The agency shall cause a full copy of any revised policy to be filed with the Justice and Public Safety Cabinet within ten (10) days of its adoption. (7) The requirements of this section are solely intended to direct law enforcement agencies to adopt, implement, enforce, and maintain written vehicular pursuit policies and outline the subjects of these policies. This section shall not be interpreted or construed to: (a) Mandate the actions of individual peace officers of a law enforcement agency during any particular pursuit; (b) Restrict a law enforcement agency from adopting additional policy requirements, including policies that limit or prohibit vehicular pursuits; or (c) Create any civil liability upon peace officers, law enforcement agencies, or any public agency for the process of creating the vehicular pursuit policies or the process of documenting compliance with the vehicular pursuit policies.", 61,61.300,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Nonelective peace officer or deputy — Qualifications.,"No person shall serve as a deputy sheriff, patrol or other nonelective peace officer, or deputy peace officer, unless: (1) He or she is a citizen of the United States and is twenty-one (21) years of age or over; (2) A sheriff may require his or her deputies to reside in the county in which they serve. Any deputy sheriff appointed pursuant to this section who has not been a resident of the county in which he or she serves for a period of at least two (2) years shall not be an active participant in any labor dispute and shall immediately forfeit his or her position if he violates this provision; (3) He or she has never been convicted of a crime involving moral turpitude; (4) He or she has not within a period of two (2) years hired himself or herself out, performed any service, or received any compensation from any private source for acting, as a privately paid detective, policeman, guard, peace officer, or otherwise as an active participant in any labor dispute, or conducted the business of a private detective agency or of any agency supplying private detectives, private policemen, or private guards, or advertised or solicited any such business in connection with any labor dispute; and (5) He or she has complied with the provisions of KRS 15.334.", 61,61.310,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Compensation of peace officers — Other employment — Gratuities — Penalties.,"(1) “Peace officer,” as used in this section, means any sheriff, deputy sheriff, constable or deputy constable granted peace officer powers, patrol or any other peace officer or deputy peace officer except those appointed pursuant to KRS 61.360 or 277.270 and those employed by a board of education. (2) A peace officer shall not receive any compensation or remuneration, directly or indirectly, from any person for the performance of any service or duty, except that he or she may be compensated for employment authorized by subsection (4) of this section and accept donations in accordance with subsection (8) of this section. Any peace officer who violates this subsection may be removed from office, under the provisions of KRS 63.170. (3) (a) Peace officers shall receive for the performance of their services and duties only such compensation or remuneration as is regularly provided and paid out of the public funds to the amount and in the manner provided by law, except that they may be compensated from private funds for employment authorized by subsection (4) of this section and accept donations of private funds in accordance with subsection (8) of this section. (b) Except as set out in subsection (8) of this section, donations made by persons to any governmental unit or officer thereof do not constitute public funds within the meaning of this subsection. (4) A peace officer may, while in office, and during hours other than regular or scheduled duty hours, act in any private employment as guard or watchman or in any other similar or private employment. However, he may not participate directly or indirectly, in any labor dispute during his off-duty hours. Any peace officer who violates this subsection may be removed from office, under the provisions of KRS 63.170. (5) No principal peace officer shall appoint or continue the appointment of any deputy contrary to the provisions of this section. When it appears by the affidavit of two (2) citizens, taxpayers of the county, filed with any principal peace officer, that there is reasonable cause to believe that any of his deputies are receiving compensation from private sources contrary to the provisions of this section, the peace officer shall forthwith investigate the charges contained in the affidavit, and if he finds the charges are true he shall forthwith remove any such deputy from office. Failure to do so shall constitute neglect of duty on the part of the principal peace officer, and he may be removed from office under the provisions of KRS 63.170. (6) In addition to being subject to removal from office, any peace officer who violates any of the provisions of this section shall be fined not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000), or confined in jail for not more than one (1) year, or both. (7) Except as provided in subsection (8) of this section and KRS 61.360 and 277.280, any person who directly or indirectly pays or contributes or causes to be paid or contributed any money or other thing of value to any peace officer or to any governmental unit or officer thereof, either as a gift or donation for the performance of any public duty shall be fined not less than five hundred ($500) nor more than five thousand dollars ($5,000). (8) (a) A sheriff may accept a donation of money or goods to be used for the public purposes of his or her office if the sheriff establishes a register for recording all donations that includes, at a minimum: 1. The name and address of the donor; 2. A general description of the donation; 3. The date of acceptance of the donation; 4. The monetary amount of the donation, or its estimated worth; and 5. Any purpose for which the donation is given. The register shall constitute a public record, be subject to the provisions of KRS 61.870 to 61.884, and be made available to the public for inspection in the sheriff’s office during regular business hours. (b) Any donation to a sheriff shall only be used to further the public purpose of the office and shall not be used for the private benefit of the sheriff, his or her deputies, or other employees of the office. (c) All donations made in accordance with this subsection shall be expended and audited in the same manner as other funds or property of the sheriff’s office. (d) For the purposes of this section and KRS 521.060, a donation shall not be construed to mean a campaign contribution made to the sheriff for his or her reelection.", 61,61.315,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,"Benefits payable on death of certain peace officers, firefighters, correctional officers, jailers, school resource officers, members of a state National Guard or Reserve component and emergency medical services personnel — Administrative regulations — Estates to be exempted from probate fees — Funds allotted to a self-insuring account — Presumption that firefighter’s death from cancer resulted from act in the line of duty under certain conditions.","(1) As used in this section: (a) “Police officer” means every paid police officer, sheriff, or deputy sheriff, corrections employee with the power of a peace officer pursuant to KRS 196.037, any metropolitan or urban-county correctional officer with the power of a peace officer pursuant to KRS 446.010, any jailer or deputy jailer, any auxiliary police officer appointed pursuant to KRS 95.445, any police officer of a public institution of postsecondary education appointed pursuant to KRS 164.950, any school resource officer as defined in KRS 158.441, or any citation or safety officer appointed pursuant to KRS 83A.087 and 83A.088, elected to office, or employed by any county, airport board created pursuant to KRS Chapter 183, city, local board of education, or by the state; (b) “Firefighter” means every paid firefighter or volunteer firefighter who is employed by or volunteers his or her services to the state, airport board created pursuant to KRS Chapter 183, any county, city, fire district, or any other organized fire department recognized, pursuant to KRS 95A.262, as a fire department operated and maintained on a nonprofit basis in the interest of the health and safety of the inhabitants of the Commonwealth and shall include qualified civilian firefighters employed at Kentucky-based military installations; and (c) “Emergency medical services personnel” means any paid or volunteer emergency medical services personnel who is certified or licensed pursuant to KRS Chapter 311A and who is employed directly by, or volunteering directly for, any: 1. County; 2. City; 3. Fire protection district created under KRS 75.010 to 75.260; or 4. Emergency ambulance service district created under KRS 108.080 to 108.180; to provide emergency medical services. (2) The spouse of any police officer, sheriff, deputy sheriff, corrections employee with the power of a peace officer pursuant to KRS 196.037, any metropolitan or urban-county correctional officer with the power of a peace officer pursuant to KRS 446.010, any jailer or deputy jailer, any auxiliary police officer appointed pursuant to KRS 95.445, any police officer of a public institution of postsecondary education appointed pursuant to KRS 164.950, any school resource officer as defined in KRS 158.441, or any citation or safety officer appointed pursuant to KRS 83A.087 and 83A.088, firefighter, or member of the Kentucky National Guard on state active duty pursuant to KRS 38.030, or a member of a state National Guard or a Reserve component on federal active duty under Title 10 or 32 of the United States Code who names Kentucky as home of record for military purposes, whose death occurs on or after July 1, 2002, as a direct result of an act in the line of duty shall receive a lump-sum payment of eighty thousand dollars ($80,000) if there are no surviving children, which sum shall be paid by the State Treasurer from the general fund of the State Treasury. The spouse of any emergency medical services personnel whose death occurs on or after November 1, 2015, as a direct result of an act in the line of duty shall receive a lump-sum payment of eighty thousand dollars ($80,000) if there are no surviving children, which sum shall be paid by the State Treasurer from the general fund of the State Treasury. If there are surviving children and a surviving spouse, the payment shall be apportioned equally among the surviving children and the spouse. If there is no surviving spouse, the payment shall be made to the surviving children, eighteen (18) or more years of age. For surviving children less than eighteen (18) years of age, the State Treasurer shall: (a) Pay thirty-five thousand dollars ($35,000) to the surviving children; and (b) Hold forty-five thousand dollars ($45,000) in trust divided into equal accounts at appropriate interest rates for each surviving child until the child reaches the age of eighteen (18) years. If a child dies before reaching the age of eighteen (18) years, his or her account shall be paid to his or her estate. If there are no surviving children, the payment shall be made to any parents of the deceased. (3) The Kentucky Fire Commission shall be authorized to promulgate administrative regulations establishing criteria and procedures applicable to the administration of this section as it pertains to both paid and volunteer firefighters, including but not limited to defining when a firefighter has died in line of duty. Administrative hearings promulgated by administrative regulation under authority of this subsection shall be conducted in accordance with KRS Chapter 13B. (4) The Justice and Public Safety Cabinet may promulgate administrative regulations establishing criteria and procedures applicable to the administration of this section as it pertains to police officers, any metropolitan or urban-county correctional officers with the power of a peace officer pursuant to KRS 446.010, any school resource officer as defined in KRS 158.441, or any jailers or deputy jailers, including but not limited to defining when one has died in line of duty. Administrative hearings promulgated by administrative regulation under authority of this subsection shall be conducted in accordance with KRS Chapter 13B. (5) The Department of Corrections shall promulgate administrative regulations establishing the criteria and procedures applicable to the administration of this section as it pertains to correctional employees, including but not limited to defining which employees qualify for coverage and which circumstances constitute death in the line of duty. (6) The Kentucky Board of Emergency Medical Services shall promulgate administrative regulations establishing the criteria and procedures applicable to the administration of this section as it pertains to emergency medical services personnel, including but not limited to which employees or volunteers qualify for coverage and which circumstances constitute death in the line of duty. (7) The Department of Military Affairs shall promulgate administrative regulations establishing the criteria and procedures applicable to the administration of this section as it pertains to National Guard or Reserve component members, including but not limited to defining which National Guard or Reserve component members qualify for coverage and which circumstances constitute death in the line of duty. (8) The estate of anyone whose spouse or surviving children would be eligible for benefits under subsection (2) of this section, and the estate of any regular member of the United States Armed Forces who names Kentucky as home of record for military purposes whose death occurs as a direct result of an act in the line of duty, shall be exempt from all probate fees, including but not limited to those established by the Supreme Court of Kentucky pursuant to KRS 23A.200 and 24A.170, or imposed under KRS 24A.185, 64.012, and 172.180. (9) The benefits payable under this section shall be in addition to any benefits now or hereafter prescribed under any police, sheriff, firefighter’s, volunteer firefighter’s, emergency medical services personnel, or National Guard or Reserve retirement or benefit fund established by the federal government or by any state, county, or any municipality. (10) Any funds appropriated for the purpose of paying the death benefits described in subsection (2) of this section shall be allotted to a self-insuring account. These funds shall not be used for the purpose of purchasing insurance. (11) (a) For the purposes of this section, if a firefighter dies as a result of cancer, the death shall be a direct result of an act in the line of duty if the firefighter: 1. Was a firefighter for at least five (5) consecutive years; 2. Developed one (1) or more of the cancers listed in paragraph (b) of this subsection which caused the firefighter’s death within ten (10) years of separation from service as a firefighter; 3. Did not use tobacco products for a period of ten (10) years prior to the diagnosis of cancer; 4. Was under the age of sixty-five (65) at the time of death; 5. Was not diagnosed with any cancer prior to employment as a firefighter; and 6. Was exposed while in the course of firefighting to a known carcinogen as defined by the International Agency for Research on Cancer or the National Toxicology Program, and the carcinogen is reasonably associated with one (1) or more of the cancers listed in paragraph (b) of this subsection. (b) This section shall apply to the following cancers: 1. Bladder cancer; 2. Brain cancer; 3. Colon cancer; 4. Non-Hodgkin’s lymphoma; 5. Kidney cancer; 6. Liver cancer; 7. Lymphatic or haematopoietic cancer; 8. Prostate cancer; 9. Testicular cancer; 10. Skin cancer; 11. Cervical cancer; and 12. Breast cancer. (c) 1. The provisions of this subsection creating an entitlement to the line of duty death benefits shall apply exclusively to this section and shall not be interpreted or otherwise construed to create either an express or implied presumption of work-relatedness for any type of claim filed pursuant to KRS Chapter 342. 2. This paragraph is intended to provide clarification regarding the sole and exclusive application of this subsection to only the benefits available under this section and shall not be used as a bar or other type of limitation to impair or alter the rights and ability of a claimant to prove work-relatedness under KRS Chapter 342 or other laws.", 61,61.316,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Benefits to be paid on death of volunteer firefighter — Volunteer firefighter defined — Rules and regulations. [Repealed.],, 61,61.320,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,County road officials to turn over money to successor — Penalty for failure.,"Each county road official shall, at the expiration of his term of office, pay over to his successor all the money in his hands by virtue of his office, and take duplicate receipts therefor, one (1) of which shall be filed with the county clerk. If he fails to do so, the county may recover double the amount in his hands.", 61,61.330,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Chief state school officer to deliver effects to successor — Penalty.,"Upon retiring from office the chief state school officer shall deliver to his successor all books, papers, and effects belonging to the office, and on failure to do so he shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500), which shall be recovered by indictment in the Franklin Circuit Court.", 61,61.340,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,County or city clerk to deliver records to successor — Penalty for failure.,"Upon the resignation, removal from office or expiration of the term of office of a county or city clerk, he shall immediately, upon application, deliver to his successor, or such other person as the city or county legislative body orders, all books, records and other papers belonging to his office, and for failure to do so he shall be fined one thousand dollars ($1,000) and imprisoned from one (1) to twelve (12) months.", 61,61.350,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,"Cemetery companies and burying grounds, penalty for failure to enforce laws relating to.",Any civil or judicial officer in this state who fails or refuses to enforce any statute bearing upon cemetery companies or burying grounds shall be fined twenty-five dollars ($25) for each failure or refusal., 61,61.360,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Special local peace officers — Appointment — Fee — Qualifications — Removal — Duties — Not to impersonate public police officer.,"The Governor or his agent may appoint special local peace officers, for such time as he deems necessary, to preserve the peace and protect the property of any person from waste or destruction; provided, however, that no such peace officer(s) shall be actively employed at any factory, mine, workshop, retail establishment, or at any other location where a strike, a slowdown, a sit in, or any other type of work stoppage exists, if the employment of such peace officer(s) would result in the unreasonable expansion of the normal complement of such peace officers or the relieving of normal guards or peace officers to perform other duties. Upon the application of an owner of property for such services, and upon payment of a fee of ten dollars ($10) for each officer to be appointed, the Governor may immediately appoint the person recommended by the owner, if the person is eligible. No person shall be eligible for appointment under this section unless he has established to the satisfaction of the Governor that he possesses the following qualifications: (1) No person shall serve as a special local peace officer: (a) Unless he is a citizen of the United States, is twenty-one (21) years of age or over, and unless he is able to read and write; (b) Unless he has resided in the Commonwealth for a period of at least one (1) year; (c) Who has ever been convicted of or is under indictment for a crime involving moral turpitude, dishonesty, or fraud; unauthorized divulging or selling of information or evidence; impersonation of a law enforcement officer or employee of the United States or any state or political subdivision thereof; illegally using, carrying, or possessing a firearm or dangerous weapon; habitual drunkenness; using or selling or possessing narcotics; or who has been adjudged mentally disabled by a court of competent jurisdiction and such adjudication has not been set aside; or has renounced his citizenship, or, being an alien, is illegally or unlawfully in the United States; (d) Who within a period of two (2) years has hired himself out, performed any service, or received any compensation from any private source for acting, as a privately paid detective, policeman, guard, peace officer, or otherwise as an active participant in any labor dispute, or conducted the business of a private detective agency or of any agency supplying private detectives, private policemen, or private guards, or advertised or solicited any such business in connection with any labor dispute; (e) Unless he has filed his photograph with the county clerk of the county in which he is to serve, together with his affidavit stating his full name, age, and residence address and that he is not prohibited from serving by this section. (2) The photograph so filed with the county clerk shall constitute a public record. The Governor may remove any officer so appointed at will or at the request of the owner of the property. (3) The duties of the officer shall be confined to the premises of the property to be protected, except while in pursuit of a person fleeing from the property after committing an act of violence or destruction of the property. In that case, the officer may pursue the person and make arrest anywhere within this state. He may wear such badges and insignia as will plainly indicate to the public that he is a special local peace officer, but he shall not, in any event, wear any uniform, or any part thereof, of any public police officer; nor shall he in any way impersonate a public police officer or represent himself to any person or persons as being a public police officer; nor shall he perform any of the duties of a public police officer, except those specifically herein granted and at the places herein specifically designated. (4) Application fees shall be placed in the State Treasury and credited to a revolving fund for administrative expenses. (5) Every special local peace officer appointed pursuant to this section shall execute bond in the amount of five thousand dollars ($5,000).", 61,61.362,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Agreement permitting peace officers to patrol private residential property to enforce state and local traffic and motor vehicle laws.,"(1) Any public police department, sheriff’s office, or the Department of Kentucky State Police may, upon written agreement with a residential property owner or a residential property owners’ association, patrol the roadways and parking lots of private residential communities within the jurisdiction of the public police department, sheriff’s office, or the Department of Kentucky State Police and enforce the traffic and motor vehicle laws of the Commonwealth of Kentucky and local traffic and motor vehicle ordinances, on that residential private property. (2) This section shall not permit a public police department, sheriff’s office, or the Department of Kentucky State Police to enforce the private rules or regulations of the residential property owner. (3) This section shall not limit any peace officer from coming on residential private property for the enforcement of the law, provided that the entry upon residential private property is consistent with the provisions of the Constitution of the United States, the Constitution of Kentucky, the Kentucky Revised Statutes, and applicable court decisions.", 61,61.365,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Named federal employees deemed peace officers in Kentucky.,"The following persons who are employed by the federal government as law enforcement or investigative officers who have the power of arrest and who are residents of the Commonwealth of Kentucky shall be deemed peace officers and shall have the same powers and duties of any other peace officer in the Commonwealth, except that they shall not be required to serve process unless permitted to do so by their respective agencies: (1) Federal Bureau of Investigation special agents; (2) United States Secret Service special agents; (3) United States Marshal’s service deputies; (4) Drug Enforcement Administration special agents; (5) Bureau of Alcohol, Tobacco, Firearms, and Explosives special agents; (6) United States Forest Service special agents and law enforcement officers; (7) Special agents and law enforcement officers of the Office of the Inspector General of the United States Department of Agriculture; (8) United States Immigration and Customs Enforcement special agents; (9) United States National Park Service law enforcement rangers; and (10) United States Mint Police of the United States Department of the Treasury: (a) On the portion of United States Highway 31W that is located within the borders of the Fort Knox Military Reservation; (b) Within a local jurisdiction, upon the written request of the head of the local law enforcement agency identifying a specific event and time frame for which assistance is requested; and (c) Within the Commonwealth, upon the written request of the commissioner of the Department of Kentucky State Police identifying a specific event and time frame for which assistance is requested.", 61,61.370,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Reinstatement of War Veterans in public position or employment held before entering service. [Repealed.],, 61,61.371,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Definitions for KRS 61.371 to 61.379.,"As used in KRS 61.371 to 61.379, unless the context otherwise requires: (1) “Public employee” means a person appointed to a position in public service for which he is compensated on a full-time basis, excluding elected officers; (2) “Public service” means employment by the Commonwealth of Kentucky, or by any county, city, or political subdivision or by any department, board, agency, or commission thereof; (3) “Employer” means the officer, employee, board, commission or agency authorized by law to make appointments to a position in public service; (4) “Position” means an office or employment in the public service, excluding an office filled by popular election; (5) “Military duty” means training and service performed by an inductee, enlistee, or reservist or any entrant into a temporary component of the armed forces of the United States, and time spent in reporting for and returning from such training and service, or if a rejection occurs, from the place of reporting therefor. “Military duty” shall not include voluntary active duty for training of an individual as a reservist in the armed forces of the United States; (6) “Board” means the personnel board established by KRS Chapter 18A; (7) “Seniority” means the increase in compensation, status, and responsibility resulting from promotion or step progression within a class of a classified service or promotion or increase in compensation, status, and responsibility in the unclassified service.", 61,61.373,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Restoration of public employee to position after military duty — Right to leave of absence — Appeals.,"(1) Any public employee who leaves a position after June 16, 1966, voluntarily or involuntarily, in order to perform military duty, and who is relieved or discharged from such duty under conditions other than dishonorable, and who has not been absent from public employment due to military duty in time of war or national or state emergency for a period of time longer than the duration of the war or national or state emergency plus six (6) months or in time of peace for a period of time not longer than six (6) years, and makes application for reemployment within ninety (90) days after he is relieved from military duty or from hospitalization or treatment continuing after discharge for a period of not more than one (1) year: (a) If still physically qualified to perform the duties of his position, shall be restored to such position if it exists and is not held by a person with greater seniority, otherwise to a position of like seniority, status and pay; (b) If not qualified to perform the duties of his position by reason of disability sustained during such service, the public employee shall be placed in another position, the duties of which he is qualified to perform and which will provide him like seniority, status and pay, or the nearest approximation thereof consistent with the circumstances of his case. (2) (a) Officers and employees of this state, or any department or agency thereof, shall be granted a leave of absence by their employers for the period required to perform active duty or training in the National Guard or any reserve component of the Armed Forces of the United States. (b) Upon the officer’s or employee’s release from a period of active duty or training, except as provided in KRS 61.394, he or she shall be permitted to return to his or her former position of employment or a position with equivalent seniority, status, pay, and any other rights or benefits that would have been bestowed if he or she had not been absent. (c) An officer or employee who is not permitted to return to his or her former position may appeal the dismissal in accordance with KRS Chapter 18A. (3) In the case of any person who is entitled to be restored to a position in accordance with KRS 61.371 to 61.379, if the personnel board finds that the department or agency with which such person was employed immediately prior to his military duty: (a) Is no longer in existence and its functions have not been transferred to any other agency; or (b) For any reason it is not feasible for such person to be restored to employment by the department or agency, the board shall determine whether or not there is a position in any other department or agency of the same public employer for which the person is qualified and which is either vacant or held by a person having a temporary appointment thereto. In any case in which the board determines that there is such a position, the person shall be restored to the position by the department or agency in which the position exists.", 61,61.375,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Restored employee discharged only for cause for year — Seniority.,"Any person who is restored to a position in accordance with KRS 61.371 to 61.379 shall not be discharged from his position without cause within one (1) year after his restoration, and shall, without limiting other rights conferred by this or other sections, be considered as having been on furlough or leave of absence during his period of military duty. He shall be restored without loss of seniority, including, upon promotion or other advancement following completion of any period of employment required therefor, a seniority date in the advance position which will place him ahead of all persons previously junior to him who advanced to the position during his absence in the Armed Forces.", 61,61.377,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Leaves of absence to permit induction in military service.,"Any employee who holds a position in the public service shall be granted a leave of absence for the purpose of being inducted or otherwise entering military duty. If not accepted for such duty, the employee shall be reinstated in his position without loss of seniority or status, or reduction in his rate of pay. During the period the employee shall for all purposes be considered to have rendered service and to have been compensated therefor at his regular rate of pay.", 61,61.379,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Rules and regulations — Appeals from failure to restore or discharge — Procedure.,"The board shall adopt regulations to carry out the provisions of KRS 61.371 to 61.379 in accordance with KRS Chapter 13A. Any public employee who is not restored to a position, or who is discharged without cause within one (1) year after restoration, may appeal to the board for review. Upon review, both the employee and the employer may be represented by counsel. Technical rules as to admission of evidence shall not apply. If the board finds that the employer has violated the provisions of KRS 61.371 to 61.379 or regulations promulgated thereunder, it shall direct the employer to comply with the provisions and to compensate the employee for loss of pay suffered by reason of the violation; except any amount received by the employee during the period from his discharge to reinstatement from other public employment, unemployment compensation, or readjustment allowances from a public agency shall be deducted from such compensation.", 61,61.380,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,"Certain counties may pay attendance expenses of officers at conferences, meetings or hearings — Statement of expenses to be filed.","(1) In any county containing a city of the first class, the members of the fiscal court and any of its employees, the county judge/executive and county attorney and his assistants, when duly authorized by a majority vote of the fiscal court of such county, may attend conferences, meetings, legislative or judicial hearings upon matters pertaining to county government or to the county’s business, and the expenses of such attendance shall be borne and paid out of the county levy in the manner provided by such authorization. (2) Before any such expenses are so paid by the fiscal court, the attendant at any such meeting, conference or hearing shall, within ten (10) days after his return therefrom file with the fiscal court an itemized statement of all expenses incurred by him, and such statement shall be a public record and spread at large upon the minute book of such court.", 61,61.385,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Certain counties may reimburse officers and employees for use of personal motor vehicles on official business.,"Whenever the fiscal court of any county containing a city of the first class is authorized by law to furnish a motor vehicle to any officer or employee of the county, the fiscal court may permit such officer or employee to use his own motor vehicle in the discharge of his official duties, and whenever any such officer or employee incurs any expense incident to traveling in his own motor vehicle, while on official business, the amount allowed for such expense may be fixed by the fiscal court.", 61,61.387,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Equipment of conspicuously marked law enforcement vehicles used for transportation of prisoners.,"(1) All conspicuously marked motor vehicles used by the Department of Kentucky State Police, sheriffs’ departments, county police, urban-county police, and city police for transporting prisoners, which are conspicuously marked as law enforcement vehicles, shall be equipped with a screen or other protective device between the area where prisoners are transported and the driver of the vehicle, and the area in which the prisoner is enclosed shall be equipped so that the doors and windows cannot be opened from the inside of the vehicle. (2) Subsection (1) of this section shall not apply to vehicles used for investigative purposes nor to special purpose vehicles not normally used for the transportation of prisoners.", 61,61.390,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Facsimile signatures and seals on certain public securities — Options.,"(1) Any bonds heretofore or hereafter authorized to be issued by the state, any county, municipality, taxing or school district, including any corporation acting as an agency or instrumentality of such unit, whether created by statute, or organized under the provisions of the nonprofit corporation laws, under the provisions of any law heretofore or hereafter enacted and any interest coupons attached thereto may, if so authorized by the governing body of such unit, bear or be executed with the facsimile signature of any official authorized by such law to sign or to execute such bonds or coupons. In case any such law shall provide for the sealing of such bonds with the official or corporate seal of such unit or of its governing body or any official thereof, a facsimile of such seal may be imprinted on the bonds if so authorized by the governing body of such unit, and it shall not be necessary in such case to impress such seal physically upon such bonds. (2) In case any such law shall provide that bonds issued thereunder shall be negotiable, such bonds shall be offered for sale as negotiable bonds, payable to bearer, with or without attached coupons for the payment of interest and with or without privilege of registration as to principal only, or registration as to both principal and interest, as the governing body of the issuing unit may determine; but such governing body may nevertheless additionally provide, in its discretion, that any purchaser of all or any of such bonds shall have a right and privilege to designate, subject to such conditions and restrictions as the governing body may prescribe, that such bonds, or any of them, be issued in the first instance in fully registered nonnegotiable form, or in one (1) or more denominations of such purchaser’s own choosing, or both, whether in negotiable or nonnegotiable form, with or without attached coupons, with or without registration provision, and with or without rights of conversion or reconversion from one (1) form and denomination to another, at the option of the holder or holders from time to time. (3) In case any officer whose signature or a facsimile of whose signature shall appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery, and any bond may bear the facsimile signature of, or may be signed by, such persons as at the actual time of the execution of such bond shall be the proper officers to sign such bond although at the date of such bond such persons may not have been such officers. (4) The words “public securities” as used herein shall mean bonds, notes or other obligations for the payment of money issued by this state, by its political subdivisions, or by any department, agency or other instrumentality of this state or of any of its political subdivisions. (5) This section shall not repeal any other law authorizing the execution of public securities with facsimile signatures or seals.", 61,61.392,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Cabinets to report to Legislative Research Commission on number of full-time employees and full-time equivalents working under contract.,"(1) Within fifteen (15) days after April 5, 2010, and on a quarterly basis thereafter, the secretary of the Personnel Cabinet shall report to the Legislative Research Commission the number of employees in each program cabinet and department of the executive branch of state government. The report shall include the number of all full-time classified and unclassified employees employed pursuant to KRS Chapters 16, 18A, and 151B, listed by cabinet and department. (2) Within fifteen (15) days after April 5, 2010, and on a quarterly basis thereafter, the secretary of the Finance and Administration Cabinet shall report to the Legislative Research Commission the number of individuals working on a full-time equivalent and recurring basis, listed by contract or agreement and cabinet. (3) As used in this section, “recurring basis” means continuous employment for a period of not less than ninety (90) days.", 61,61.394,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,State employees’ leave of absence — Pay — Unused military leave.,"(1) All officers and employees of this state, or of any department or agency thereof who are members of the National Guard or of any reserve component of the Armed Forces of the United States, or of the reserve corps of the United States Public Health Service, shall be entitled to leave of absence from their respective duties, without loss of time, pay, regular leave, impairment of efficiency rating, or of any other rights or benefits to which they are entitled, while: (a) In the performance of duty or training in the service of a state or of the United States under competent orders as specified in this section; (b) Physically disabled as a result of an injury, illness, or disease incurred or aggravated in the line of duty while performing active-duty or inactive-duty training; or (c) Entitled to incapacitation pay pursuant to 37 U.S.C. sec. 204. Leave pursuant to paragraphs (b) and (c) of this subsection shall not exceed six (6) months unless approved by the employee’s appointing authority. (2) In any one (1) federal fiscal year, officers or employees, while on military leave, shall, upon request, be paid their salaries or compensations for a period or periods not exceeding twenty-one (21) calendar days. Any unused military leave in a federal fiscal year shall be carried over to the next year. Any unused military leave shall expire two (2) years after it has accrued.", 61,61.395,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Leave time for state employee who is disaster services volunteer — Short title.,"(1) As used in this section: (a) “Disaster” means disasters designated at level III and above in the American National Red Cross Regulations and Procedures; and (b) “State agency” means all departments, offices, commissions, boards, institutions, and political and corporate bodies of the state, including the offices of the clerk of the Supreme Court, clerks of the appellate courts, the several courts of the state, and the legislature, its committees, or commissions. (2) An employee of a state agency who is a certified disaster services volunteer of the American Red Cross may be granted leave from work with pay for not to exceed thirty (30) work days in any twelve (12) month period to participate in specialized disaster relief services for the American Red Cross for the services of that employee and upon the approval of that employee’s agency, without loss of seniority, pay, vacation time, sick time, compensatory time, or earned overtime accumulation. The agency shall compensate an employee granted leave under this section at the regular rate of pay for those regular work hours during which the employee is absent from work. (3) This section may be cited as the Disaster Services Volunteer Leave Act.", 61,61.396,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Employees of political subdivisions eligible.,"All officers and employees of counties, municipalities, school districts or other political subdivisions of the state who are members of the National Guard or of any reserve component of the Armed Forces of the United States, including the United States Public Health Service, shall be granted annual military leave by their respective employers as provided in KRS 61.394.", 61,61.400,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Suspension or removal of judge.,"If any judge of the Court of Justice fails to perform the duties of his office, the Chief Justice shall notify the Judicial Retirement and Removal Commission of the judge’s failure, unless in his opinion the disability is temporary. Whenever the Judicial Retirement and Removal Commission suspends or removes a judge of the Court of Justice without pay, it shall send a certified copy of its order to the Finance and Administration Cabinet and that cabinet shall carry out the order of the commission.", 61,61.405,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Use of excess fees by county sheriff or county clerk for health insurance or health maintenance organization coverage.,"(1) For the purpose of this section, “excess fees” means fees and commissions in an amount greater than the total salaries and expenses that are required by law to be paid by an office. (2) Notwithstanding the provisions of KRS 64.530(3), a sheriff or county clerk whose office earns excess fees during any fiscal year, and whose employees are not being provided with health insurance or health maintenance organization coverage by county government or by an agency of county government on the day that fiscal year closes, may purchase health insurance or health maintenance organization coverage, effective within one (1) month after the close of the fiscal year, that will cover all employees of the office, including the sheriff or county clerk if he desires, for at least twelve (12) months. (3) The type and extent of the health insurance or health maintenance organization coverage shall be determined by the sheriff or county clerk. The coverage shall be reasonable in relation to the amount of money available from the excess fees. (4) If a sheriff’s or county clerk’s office earns excess fees during any fiscal year, but the excess fees are not sufficient, in the judgment of the sheriff or county clerk, to provide employees with a reasonable degree of health insurance or health maintenance organization coverage, the sheriff or county clerk may use a combination of employee contributions and excess fees to purchase the insurance or coverage. (5) A sheriff or county clerk may purchase health insurance or health maintenance organization coverage under this section in cooperation with any governmental unit or combination of units allowed to cooperatively purchase coverage under KRS 79.080.", 61,61.407,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Transfer of leave balances and retirement service credits from unified prosecutorial system to executive branch.,"Any other statute to the contrary notwithstanding, the Executive Department of government shall accept from the unified prosecutorial system all accrued annual and sick leave balances and service credits of employees leaving the unified prosecutorial system and accepting appointments to the Executive Department. These leave balances shall be attested to by the former employer of the employee and shall not exceed those limits established by statute or administrative regulation for employees of the Executive Department. This provision shall apply to Executive Department employees who were contributing to the Kentucky Employees Retirement System or the State Police Retirement System on or after July 1, 2000.", 61,61.409,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,General Provisions,Law enforcement agency not to establish requirements for employees relating to residency or voter registration — Exceptions — Application.,"(1) No state, city, county, urban-county, charter county, or consolidated local government law enforcement agency shall set a residence requirement, except requiring residence within the Commonwealth, for any of its employees who do not possess peace officer powers. (2) No state, city, county, urban-county, charter county, or consolidated local government law enforcement agency shall require that an employee, whether that employee is a peace officer or not, be a registered voter. (3) The provisions of subsection (1) shall not preclude an employer or agency specified in subsection (1) from having a requirement for response to a specified location within a specified time limit for an employee or volunteer who is off-duty but who is on-call to respond for work. (4) The residence requirements of subsection (1) of this section requiring residency within the Commonwealth shall not apply to an employee of a law enforcement agency employed by that agency on July 15, 2002, until that employee’s employment relationship with the law enforcement agency is terminated.", 61,61.410,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Social Security for Public Employees,Declaration of policy.,"(1) It is declared to be the policy of the General Assembly to extend the federal old-age, survivors, disability, and hospital insurance coverage to all public employees regardless of whether the employees are occupying positions which are covered by a retirement system; but no employee occupying a position to which KRS 161.220 to 161.710 are applicable shall be held to fall within the class of persons sought to be affected by this statement of policy except for employees of the state universities and public junior colleges. (2) It is also the policy of the General Assembly that the protection afforded public employees by membership in a retirement system or by the right to receive periodic benefits under a retirement system will not be impaired as a result of any agreement made between the Commonwealth and the commissioner pursuant to KRS 61.410 to 61.500. (3) The General Assembly ratifies the extension of federal old-age, survivors, disability, and hospital insurance coverage to public employees in positions covered by a retirement system prior to June 14, 1962, if the procedures specified by former KRS 61.430(6) were substantially followed.", 61,61.420,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Social Security for Public Employees,Definitions for KRS 61.410 to 61.500.,"For the purpose of KRS 61.410 to 61.500: (1) “Wages” means all remuneration for employment as defined in subsection (2) of this section, including the cash value of all remuneration paid in any medium other than cash, except that the term shall not include that part of the remuneration which, even if it were for “employment” within the meaning of Federal Insurance Contributions Act, would not constitute “wages” within the meaning of that act; (2) “Employment” means any service performed by an employee in the employ of the Commonwealth, a political subdivision, or an interstate instrumentality, for those employers, except (a) service of an emergency nature, (b) service which in the absence of an agreement entered into under KRS 61.410 to 61.500 would constitute “employment” as defined in the Social Security Act, or (c) service which under the Social Security Act may not be included in any agreement between the Commonwealth and the commissioner entered into under KRS 61.410 to 61.500; except that service, the compensation for which is on a fee basis, may be excluded in any plan approved under KRS 61.410 to 61.500, and provided also, that service in any class or classes of positions, the exclusion of which is permitted under the Social Security Act, may be excluded in any plan approved under KRS 61.460; (3) “Employee” means any person in the service of the Commonwealth, a political subdivision, or an interstate instrumentality of which the Commonwealth is a principal and shall include all persons designated officers including those which are elected and those which are appointed; (4) “State agency” means the Division of Local Government Services, Office of the Controller, which agency shall be subject to the authority of the secretary of finance and administration; (5) “Political subdivision,” in addition to counties, municipal corporations, and school districts, includes instrumentalities of the Commonwealth, of one (1) or more of its political subdivisions, or of the Commonwealth and one (1) or more of its political subdivisions, and any other governmental unit thereof; (6) “Social Security Act” means the Act of Congress approved August 14, 1935, Chapter 531, 49 Stat. 620, officially cited as the “Social Security Act,” including regulations and requirements issued pursuant thereto, as that act has been and may from time to time be amended; (7) “Federal Insurance Contributions Act” means subchapters A, B, and C of Chapter 21 of the Federal Internal Revenue Code and all amendments thereto; (8) “Commissioner” means the Commissioner of Social Security and includes any individual to whom the commissioner may delegate any of the commissioner’s functions under the Social Security Act; and, with respect to any transactions regarding insurance coverage occurring prior to April 11, 1953, includes the federal security administrator and any individual to whom the administrator may have delegated any of the administrator’s functions under the Social Security Act; and, with respect to any transactions regarding insurance coverage occurring from April 11, 1953, to March 30, 1995, includes the Secretary of Health and Human Services and any individual to whom the secretary may have delegated any of the secretary’s functions under the Social Security Act; (9) “Insurance coverage” means coverage by the old-age, survivors, disability, and hospital insurance provisions of the Social Security Act.", 61,61.430,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Social Security for Public Employees,Federal-state agreement.,"Consistent with the terms and conditions of KRS 61.410 to 61.500, the state agency, with the approval of the Governor, is hereby authorized to enter into an agreement with the commissioner for the purpose of extending insurance coverage to employees with respect to services specified in the agreement which constitute employment as defined in KRS 61.420. An agreement entered into under this section may contain provisions relating to coverage, benefits, contributions, effective date, modification and termination of the agreement, administration and other appropriate provisions as the state agency and commissioner shall agree upon. Any agreement, subject to the provisions of the Social Security Act, shall provide in effect that: (1) Insurance coverage shall be provided for employees whose services are described in the agreement, and their dependents and survivors on the same basis as though the services constituted employment within the meaning of Title II of the Social Security Act; (2) The state shall pay to the Secretary of the Treasury, at times prescribed under the Social Security Act, contributions with respect to wages equal to the sum of the taxes imposed by sections 3101 and 3111 of the Federal Insurance Contributions Act if the services covered by the agreement constitute employment within the meaning of that act; (3) Insurance coverage will be afforded with respect to services performed after an effective date specified in the agreement or modification thereof; except that the effective date shall not be earlier than January 1, 1955, in the case of an agreement or modification made between January 1, 1955, and January 1, 1958; or earlier than January 1, 1956, in the case of an agreement or modification made at any time in the years 1958 or 1959; or earlier than the first day of the year in which the agreement or modification was made, in the case of an agreement or modification made at any time between January 1, 1960, and July 1, 1962; or earlier than the first day of the fifth year preceding the year in which the agreement or modification is made, in the case of an agreement or modification made at any time after July 1, 1962; (4) Insurance coverage shall be afforded with respect to all services constituting employment; except that in order for insurance coverage to be afforded with respect to services performed in the employ of a political subdivision of the state there must be in existence in regard to those services a plan which meets the requirements of KRS 61.460; (5) Subject to the provisions of KRS 61.435, insurance coverage shall be afforded with respect to all services in positions covered by a retirement system; except that no agreement shall be effective to afford insurance coverage to any services performed in positions to which KRS 161.220 to 161.710 are applicable except for services performed in positions in a state university or public junior college.", 61,61.435,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Social Security for Public Employees,Referendum on coverage under agreement — Separate system for state colleges.,"(1) In order for any service performed by an employee in a position covered by a retirement system to be included in an agreement as permitted by KRS 61.430, a referendum pursuant to Section 218(d)(3) or 218(d)(7) of the Social Security Act shall be held on the question of whether the service covered by the retirement system should be included in the agreement. The procedure for obtaining the vote of the members of the retirement systems shall be as follows: (a) Upon request of the political subdivision concerned, the Governor shall authorize a referendum within the retirement system concerned and designate an agency or individual to supervise the manner of conducting it; (b) Any referendum shall be conducted in accordance with the requirements of Section 218(d)(3) or 218(d)(7) of the Social Security Act; (c) In the case of a referendum authorized under Section 218(d)(6) of the Social Security Act, the retirement system will be divided into two (2) parts or divisions. One (1) part or division of the retirement system shall be composed of positions of those members of the system who desire coverage under the agreement as permitted by KRS 61.430. The remaining part or division of the retirement system shall be composed of positions of those members who do not desire coverage under such an agreement. Each part or division shall be deemed to be a separate retirement system for the purposes of Section 218(d) of the Social Security Act. The positions of individuals who become members of the system after such coverage is extended shall be included in the part or division of the system composed of members desiring the coverage, with the exception of positions that are excluded in the agreement. (2) Upon receiving satisfactory evidence that the conditions specified in this section and Section 218(d)(3) or 218(d)(7) of the Social Security Act have been fulfilled, the Governor or any agency or individual designated by the Governor shall so certify to the commissioner. (3) For purposes of this section, in any case where a retirement system covers the employees of two (2) or more political subdivisions, or of the Commonwealth and one (1) or more political subdivisions, there are deemed to exist separate retirement systems with respect to the Commonwealth or each political subdivision. Also for purposes of this section, where a retirement system covers the employees of one (1) or more of the state universities or of one (1) or more of the public junior colleges or of any combination of state universities, there shall be deemed to exist separate retirement systems with respect to each state university and each public junior college.", 61,61.440,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Social Security for Public Employees,Interstate instrumentalities.,"Any instrumentality jointly created by this state and any other state or states is hereby authorized, to the extent that this Commonwealth may confer authority, (1) to enter into an agreement with the commissioner whereby the benefits of the federal old-age, survivors, disability, and hospital insurance system shall be extended to employees of the instrumentality, (2) to require its employees to pay (and for that purpose to deduct from their wages) contributions equal to the amounts which they would be required to pay under subsection (1) of KRS 61.450 if they were covered by an agreement made pursuant to KRS 61.430, and (3) to make payments to the Secretary of the Treasury in accordance with the agreement, including payments from its own funds, and otherwise to comply with the agreement. The agreement shall, to the extent practicable, be consistent with the terms and provisions of KRS 61.430, and all other terms and provisions, of KRS 61.410 to 61.500.", 61,61.450,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Social Security for Public Employees,Contributions by state employees.,"(1) Every employee of the state whose services are covered by an agreement entered into under KRS 61.430 shall be required to pay for the period of coverage, into the contribution fund established by KRS 61.470, contributions, with respect to wages received for each calendar year at the rate established by the Federal Insurance Contributions Act, as amended, and the Social Security Act, as amended. Such liability shall arise in consideration of the employee’s retention in the service of the state, or his entry upon such service after March 14, 1951. (2) The contribution imposed by this section shall be collected by deducting the amount of the contribution from wages as and when paid, but failure to make such deduction shall not relieve the employee from liability for such contribution. (3) If more or less than the correct amount of the contribution imposed by this section is paid or deducted with respect to any wages, proper adjustment, or refund if adjustment is impracticable, shall be made, without interest, in such manner and at such times as the state agency shall prescribe.", 61,61.460,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Social Security for Public Employees,Plans for coverage of employees of political subdivisions.,"(1) Each political subdivision of the state is hereby authorized to submit for approval by the state agency a plan for extending insurance coverage to employees of the political subdivision; except that no plan shall provide insurance coverage to an employee occupying a position to which KRS 161.220 to 161.710 are applicable except for employees of the state universities and public junior colleges. Each plan and any amendments thereof shall be approved by the state agency if it finds that the plan, or the plan as amended, is in conformity with requirements as are provided in administrative regulations of the state agency, except that no plan shall be approved unless: (a) It is in conformity with the requirements of the Social Security Act and with the agreement entered into under KRS 61.430; (b) It provides that all services which constitute employment and are performed in the employ of the political subdivision by employees thereof, shall be covered by the plan; (c) It specifies the source or sources from which the funds necessary to make the payments required by paragraph (a) of subsection (3) and by subsection (4) of this section are expected to be derived and contains reasonable assurance that those sources will be adequate for that purpose; (d) It provides for methods of administration of the plan by the political subdivision as are found by the state agency to be necessary for the proper and efficient administration thereof; and (e) It provides that the political subdivision will make reports, in the form and containing the information, as the state agency may from time to time require, and will comply with any provisions the state agency or the commissioner may from time to time find necessary to assure the correctness and verification of the reports. (2) The state agency shall not finally refuse to approve a plan submitted by a political subdivision under subsection (1) of this section without reasonable notice and opportunity for hearing to the political subdivision affected thereby. (3) (a) Each political subdivision for which a plan has been approved under this section is authorized to and shall pay into the contribution fund, with respect to contributions due for wages paid prior to 1987, at the time or times as the state agency may by administrative regulation prescribe, contributions in the amounts and at the rates specified in the applicable agreement entered into by the state agency under KRS 61.430; and, furthermore, in anticipation of the due date of any payments of contributions required by this paragraph, is authorized to and shall make any advancements the state agency, by administrative regulation or contract, may require. (b) Each political subdivision is authorized to and shall make the payments as are determined by the state agency to be necessary for the purpose of defraying the expenses incurred by the state agency in administering KRS 61.410 to 61.500 for the benefit of those employees covered under any plan approved under subsection (1) of this section, but in no event shall such amount be greater than five percent (5%) of the contributions required under paragraph (a) of this subsection. The payments shall be made into the State Treasury and shall be credited to a separate trust and agency fund to be used by the state agency solely for the purpose stated in this paragraph. (c) Each political subdivision required to make payments under paragraph (a) of this subsection is authorized, in consideration of the employee’s retention in, or entry upon, employment after the effective date of KRS 61.410 to 61.500, to impose upon each of its employees, as to services which are covered by an approved plan, a contribution with respect to wages received for each calendar year, at the rate established by the Federal Insurance Contributions Act, as amended, and the Social Security Act, as amended. Contributions so collected for wages paid prior to 1987 shall be paid into the contribution fund in partial discharge of the liability of the political subdivision under paragraph (a) of this subsection. Failure to deduct the contribution shall not relieve the employer of liability therefor. (4) Delinquent payments due under paragraph (a) of subsection (3) of this section, with interest at the rate prescribed by Section 218 (j) of the Social Security Act, may be recovered by action in the Franklin Circuit Court against the political subdivision liable therefor or may, at the request of the state agency, be deducted from any other moneys payable to the subdivision by any department or agency of the state.", 61,61.470,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Social Security for Public Employees,Contribution fund and contingent liability fund.,"(1) There is hereby established a special fund to be known as the contribution fund. Such fund shall consist of and there shall be deposited therein: (a) All contributions, interest, and penalties under KRS 61.450 and 61.460; (b) All moneys appropriated or otherwise contributed thereto; (c) Any property or securities and earnings thereof acquired through the use of moneys belonging to the fund; (d) Interest earned upon any moneys in the fund, and (e) All sums recovered from the bond of the custodian or otherwise for losses sustained by the fund, and all other moneys received for the fund from any other source. All moneys in the fund shall be mingled and undivided. Subject to the provisions of KRS 61.410 to 61.500, the state agency is vested with full power, authority and jurisdiction over the fund, including all moneys and property or securities belonging thereto, and may perform any and all acts whether or not specifically designated, which are necessary to the administration thereof and are consistent with the provisions of KRS 61.410 to 61.500. (2) The contribution fund shall be a trust and agency fund which shall not lapse and shall be held separate and apart from any other funds or moneys of the state and shall be used and administered exclusively for the purposes of KRS 61.410 to 61.500. Withdrawals from such fund shall be made for, and solely for: (a) Payment of amounts required to be paid to the Secretary of the Treasury pursuant to an agreement entered into under KRS 61.430; (b) Payment of refunds provided for in subsection (3) of KRS 61.450; (c) Refunds of overpayments, not otherwise adjustable, made by a political subdivision; and (d) For payment of administrative costs for the administration of KRS 61.410 to 61.500 to the extent of the interest earned on investments of the contribution fund. (3) From the contribution fund the custodian of the fund shall pay to the Secretary of the Treasury such amounts at such time or times as may be directed by the state agency in accordance with any agreement entered into under KRS 61.430. (4) At the end of each fiscal year, the state agency shall make an estimate of the necessary operating costs of the state agency for the next fiscal year, including a contingent liability fund. After approval of this amount needed for necessary costs and contingent liability fund by the secretary of finance and administration, the realized investment earnings of the contribution fund available at the end of any fiscal year shall be reduced to this approved amount, and any excess is hereby authorized for transfer to the credit of the general fund. (5) The Treasurer of the state shall be ex officio treasurer and custodian of the contribution fund and shall administer such fund in accordance with the provisions of KRS 61.410 to 61.500 and the directions of the state agency, and shall pay all warrants drawn upon the fund in accordance with the provisions of this section and with such regulations as the state agency may prescribe pursuant thereto.", 61,61.480,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Social Security for Public Employees,State contributions authorized.,"Authorization is hereby granted to all offices, departments, boards, commissions, institutions, and all other agencies of the state government of the Commonwealth of Kentucky to make payments to the contribution fund out of moneys, not required by law or contract to be expended for other purposes, in any revolving, trust or agency fund, or out of appropriations for recurring expenses heretofore or hereafter made by the General Assembly from the general expenditure fund or special funds.", 61,61.490,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Social Security for Public Employees,Rules and regulations.,"The state agency shall make and publish such rules and regulations, not inconsistent with the provisions of KRS 61.410 to 61.500, as it finds necessary or appropriate to the efficient administration of the functions with which it is charged under KRS 61.410 to 61.500.", 61,61.500,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Social Security for Public Employees,Retroactive effect of KRS 61.410 to 61.500.,"The provisions of KRS 61.410 to 61.500 shall be retrospective to January 1, 1951, and any agreement entered into pursuant to it may be made with retroactive effect to January 1, 1951, or any date thereafter.", 61,61.505,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Social Security for Public Employees,"Kentucky Public Pensions Authority — Purpose — Membership, vacancies, compensation, and meetings — Authority granted powers and privileges of corporation — Executive director and employees — Expenses — Authorization of administrative expenses — Duties of members.","(1) There is created an eight (8) member Kentucky Public Pensions Authority whose purpose shall be to administer and operate: (a) A single personnel system for the staffing needs of the Kentucky Retirement Systems and the County Employees Retirement System; (b) A system of accounting that is developed by the Authority for the Kentucky Retirement Systems and the County Employees Retirement System; (c) Day-to-day administrative needs of the Kentucky Retirement Systems and the County Employees Retirement System, including but not limited to: 1. Benefit counseling and administration; 2. Information technology and services, including a centralized Web site for the Authority, the Kentucky Retirement Systems, and the County Employees Retirement System; 3. Legal services; 4. Employer reporting and compliance; 5. Processing and distribution of benefit payments, and other financial, investment administration, and accounting duties as directed by the Kentucky Retirement Systems board of trustees or the County Employees Retirement System board of trustees; 6. All administrative actions, orders, decisions, and determinations necessary to carry out benefit functions required by the Kentucky Retirement Systems and the County Employment Retirement System statutes, including but not limited to administration of reduced and unreduced retirement benefits, disability retirement, reemployment after retirement, service purchases, computation of sick-leave credit costs, correction of system records, qualified domestic relations orders, and pension spiking determinations; and 7. Completing and compiling financial data and reports; (d) Any jointly held assets used for the administration of the Kentucky Retirement Systems and the County Employees Retirement System, including but not limited to real estate, office space, equipment, and supplies; (e) The hiring of a single actuarial consulting firm who shall serve both the Kentucky Retirement Systems and the County Employees Retirement System; (f) The hiring of a single external certified public accountant who shall perform audits for both the Kentucky Retirement Systems and the County Employees Retirement System; (g) The promulgation of administrative regulations as an authority or on behalf of the Kentucky Retirement Systems and the County Employees Retirement System, individually or collectively, provided such regulations are not inconsistent with the provisions of this section and KRS 16.505 to 16.652, 61.505, 61.510 to 61.705, and 78.510 to 78.852, necessary or proper in order to carry out the provisions of this section and duties authorized by KRS 16.505 to 16.652 and 61.510 to 61.705; (h) A system of contracting management for administrative services; and (i) Other tasks or duties as directed solely or jointly by the boards of the Kentucky Retirement Systems or the County Employees Retirement System. (2) The eight (8) member Kentucky Public Pensions Authority shall be composed of the following individuals: (a) The chair of the Kentucky Retirement Systems board of trustees; (b) The chair of the County Employees Retirement System board of trustees; (c) The investment committee chair of the Kentucky Retirement Systems board of trustees, unless the investment committee chair is also the chair of the board of trustees in which case the chair of the Kentucky Retirement Systems shall appoint an individual who serves on the investment committee; (d) The investment committee chair of the County Employees Retirement System board of trustees, unless the investment committee chair is also the chair of the County Employees Retirement System board of trustees in which case the chair of the County Employees Retirement System shall appoint an individual who serves on the investment committee; (e) Two additional (2) trustees of the Kentucky Retirement Systems board of trustees selected by the chair of the Kentucky Retirement Systems board of trustees of which one (1) shall be a trustee who was elected by the membership of one (1) of the systems administered by Kentucky Retirement Systems and one (1) shall be a trustee of Kentucky Retirement Systems who was appointed by the Governor; and (f) Two additional (2) trustees of the County Employees Retirement System board of trustees selected by the chair of the County Employees Retirement System board of trustees of which one (1) shall be a trustee who was elected by the membership of the County Employees Retirement System and one (1) shall be a trustee of the County Employees Retirement System who was appointed by the Governor. (3) The Kentucky Public Pensions Authority is hereby granted the powers and privileges of a corporation, including but not limited to the following powers: (a) To sue and be sued in its corporate name; (b) To make bylaws not inconsistent with the law and in accordance with its duties as provided by this section; (c) To conduct the business and promote the purposes for which it was formed; (d) To carry out the obligations of the Authority subject to KRS Chapters 45, 45A, 56, and 57; (e) To purchase fiduciary liability insurance; and (f) The Kentucky Public Pensions Authority shall reimburse any Authority member, officer, or employee for any legal expense resulting from a civil action arising out of the performance of his or her official duties. The hourly rate of reimbursement for any contract for legal services under this paragraph shall not exceed the maximum hourly rate provided in the Legal Services Duties and Maximum Rate Schedule promulgated by the Government Contract Review Committee established pursuant to KRS 45A.705, unless a higher rate is specifically approved by the secretary of the Finance and Administration Cabinet or his or her designee. (4) Any vacancy which may occur in an appointed position on the Kentucky Public Pensions Authority shall be filled in the same manner which provides for the selection of the particular member of the Authority. No person shall serve in more than one (1) position as a member of the Authority and if a person holds more than one (1) position as a member of the Authority, he or she shall resign a position. (5) (a) Membership on the Authority shall not be incompatible with any other office unless a constitutional incompatibility exists. No Authority member shall serve in more than one (1) position as a member of the Authority. (b) An Authority member shall be removed from office upon conviction of a felony or for a finding of a violation of any provision of KRS 11A.020 or 11A.040 by a court of competent jurisdiction. (c) A current or former employee of the County Employees Retirement System, Kentucky Retirement Systems, or the Kentucky Public Pensions Authority shall not be eligible to serve as a member of the Authority. (6) Kentucky Public Pensions Authority members who do not otherwise receive a salary from the State Treasury shall receive a per diem of eighty dollars ($80) for each day they are in session or on official duty, and they shall be reimbursed for their actual and necessary expenses in accordance with state administrative regulations and standards, except that the members shall not receive a per diem or receive reimbursements on the same day they receive a per diem or reimbursements for service to the Kentucky Retirement Systems board of trustees or County Employees Retirement Systems board of trustees. (7) (a) The Authority shall meet at least once in each quarter of the year and may meet in special session upon the call of the chair or the executive director of the Authority. (b) The Authority shall elect a chair and a vice chair. The chair shall not serve more than four (4) consecutive years as chair or vice chair of the Authority. The vice chair shall not serve more than four (4) consecutive years as chair or vice chair of the Authority. A member who has served four (4) consecutive years as chair or vice chair of the Authority may be elected chair or vice chair of the Authority after an absence of two (2) years from the positions. (c) A majority of the Authority members shall constitute a quorum and all actions taken by the Authority shall be by affirmative vote of a majority of the Authority members present. (d) The Authority shall post on the Authority’s Web site and shall make available to the public: 1. All meeting notices and agendas of the Authority. Notices and agendas shall be posted to the Authority’s Web site at least seventy-two (72) hours in advance of the Authority’s meetings, except in the case of special or emergency meetings as provided by KRS 61.823; 2. All Authority minutes or other materials that require adoption or ratification by the Authority. The items listed in this subparagraph shall be posted within seventy-two (72) hours of adoption or ratification of the Authority; 3. All bylaws, policies, or procedures adopted or ratified by the Authority; and 4. A listing of the members of the Authority and membership on each committee established by the Authority. (8) (a) The Kentucky Public Pensions Authority shall appoint or contract for the services of an executive director and fix the compensation and other terms of employment for this position without limitation of the provisions of KRS Chapter 18A, 45A, and KRS 64.640. The executive director shall be the chief administrative officer of the Authority, the Kentucky Retirement Systems board of trustees, and the County Employees Retirement System board of trustees. The executive director shall work cooperatively with the chief executive officers of the Kentucky Retirement Systems and the County Employees Retirement System. The Authority shall annually conduct a performance evaluation of the executive director. (b) The Kentucky Public Pensions Authority shall authorize the executive director to appoint the employees deemed necessary to transact the duties of the Authority for the purposes outlined in subsection (1) of this section. After April 14, 2022, approval by the Authority shall be required for a petition to the secretary of the Personnel Cabinet for the creation of any new unclassified position pursuant to KRS 18A.115(1)(e), (g), (h), and (i). (c) Effective April 1, 2021, the Kentucky Public Pensions Authority shall assume responsibility of administering the staff of the Kentucky Retirement Systems in order to provide the services established by this section. (d) 1. All employees of the Kentucky Public Pensions Authority, except for the executive director and no more than six (6) unclassified employees of the Office of Investments employed pursuant to KRS 18A.115(1)(e), (g), (h), and (i), shall be subject to the state personnel system established pursuant to KRS 18A.005 to 18A.204 and shall have their salaries determined by the secretary of the Personnel Cabinet. 2. The employees exempted from the classified service under this paragraph shall not be subject to the salary limitations specified in KRS 64.640(2) and (3). 3. The Kentucky Public Pensions Authority shall adopt a written salary and classification plan fixing a range of compensation and written terms of employment for any of the unclassified employees of the Office of Investments it authorizes under this paragraph. The Authority shall authorize the executive director to appoint up to six (6) unclassified employees of the Office of Investments subject to the compensation ranges and terms of employment the Authority has established. The Authority may amend the written salary and classification plan adopted under this paragraph at any time. (e) The Authority shall annually review, approve, and submit a report to the Public Pension Oversight Board detailing the number of employees of the Authority, the salary paid to each employee, and the change in the salaries of each individual employed by the Authority over the prior year. (f) The Authority shall require the executive director and the employees as it thinks proper to execute bonds for the faithful performance of their duties notwithstanding the limitations of KRS Chapter 62. (g) Notwithstanding any other provision of statute to the contrary, including but not limited to any provision of KRS Chapter 12, the Governor shall have no authority to change any provision of this section by executive order or action, including but not limited to reorganizing, replacing, amending, or abolishing the membership of the Kentucky Public Pensions Authority. (9) All employees of the Authority shall serve during its will and pleasure. Notwithstanding any statute to the contrary, employees shall not be considered legislative agents under KRS 6.611. (10) The Attorney General, or an assistant designated by him or her, may attend each meeting of the Authority and may receive the agenda, board minutes, and other information distributed to Authority members upon request. The Attorney General may act as legal adviser and attorney for the Authority, and the Authority may contract for legal services, notwithstanding the limitations of KRS Chapter 12 or 13B. (11) (a) 1. All expenses incurred by or on behalf of the Kentucky Public Pensions Authority shall be paid by the systems administered by the Kentucky Retirement Systems or the County Employees Retirement System and shall be prorated, assigned, or allocated to each system as determined by Kentucky Public Pensions Authority. 2. Until June 30, 2024, any additional initial costs determined by the Authority to be attributable solely to establishing a separate County Employees Retirement System board and the Kentucky Public Pensions Authority as provided by this section and KRS 78.782 shall be paid by the County Employees Retirement System. Until June 30, 2024, any additional ongoing annual administrative and investment expenses that occur after the establishment of a separate County Employees Retirement System board and the Kentucky Public Pensions Authority that are determined by the Authority to be a direct result of establishing a separate County Employees Retirement System board and the Kentucky Public Pensions Authority shall be paid by the County Employees Retirement System. Beginning on and after July 1, 2024, any annual administrative and investment expenses shall be prorated, assigned, or allocated to each system as determined by the Kentucky Public Pensions Authority as provided by subparagraph 1. of this paragraph but without attribution to the establishment of a separate County Employees Retirement System board and the Kentucky Public Pensions Authority. 3. In order to evaluate the results of establishing a separate County Employees Retirement System board and the Kentucky Public Pensions Authority, on or before November 15, 2022, and on or before November 15 following the close of each successive fiscal year, the Kentucky Public Pensions Authority shall report to the Public Pensions Oversight Board the annual administrative and investment expenses of the Kentucky Retirement Systems and the County Employees Retirement System. The report shall include but not be limited to the process or manner the Authority used to prorate, assign, or allocate to each system its share of the expenses, the amount of expenses prorated, assigned, or allocated to each system itemized by category, and any efforts by the systems or the Authority to reduce administrative costs and staffing needs. (b) Any other statute to the contrary notwithstanding, authorization for all expenditures relating to the administrative operations of the Kentucky Public Pensions Authority, the Kentucky Retirement Systems, and the County Employees Retirement System shall be contained in the biennial budget unit request, branch budget recommendation, and the financial plan adopted by the General Assembly pursuant to KRS Chapter 48. The Kentucky Public Pensions Authority shall approve the biennial budget unit request prior to its submission by the Authority. The request from the Kentucky Public Pensions Authority shall include any specific administrative expenses requested by the Kentucky Retirement Systems board of trustees or the County Employees Retirement System board of trustees pursuant to KRS 61.645(13) or 78.782(13), as applicable, that are not otherwise expenses specified by paragraph (a) of this subsection. (12) (a) An Authority member shall discharge his or her duties as a member of the Authority, including his or her duties as a member of a committee of the Authority: 1. In good faith; 2. On an informed basis; and 3. In a manner he or she honestly believes to be in the best interest of the County Employees Retirement System and the Kentucky Retirement Systems, as applicable. (b) An Authority member discharges his or her duties on an informed basis if, when he or she makes an inquiry into the business and affairs of the Authority, system, or systems or into a particular action to be taken or decision to be made, he or she exercises the care an ordinary prudent person in a like position would exercise under similar circumstances. (c) In discharging his or her duties, an Authority member may rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by: 1. One (1) or more officers or employees of the Authority whom the Authority member honestly believes to be reliable and competent in the matters presented; 2. Legal counsel, public accountants, actuaries, or other persons as to matters the Authority member honestly believes are within the person’s professional or expert competence; or 3. A committee of the Authority of which he or she is not a member if the Authority member honestly believes the committee merits confidence. (d) An Authority member shall not be considered as acting in good faith if he or she has knowledge concerning the matter in question that makes reliance otherwise permitted by paragraph (c) of this subsection unwarranted. (e) Any action taken as a member of the Authority, or any failure to take any action as an Authority member, shall not be the basis for monetary damages or injunctive relief unless: 1. The Authority member has breached or failed to perform the duties of the member’s office in compliance with this section; and 2. In the case of an action for monetary damages, the breach or failure to perform constitutes willful misconduct or wanton or reckless disregard for human rights, safety, or property. (f) A person bringing an action for monetary damages under this section shall have the burden of proving by clear and convincing evidence the provisions of paragraph (e)1. and 2. of this subsection, and the burden of proving that the breach or failure to perform was the legal cause of damages suffered by the Kentucky Retirement Systems or County Employees Retirement System, as applicable. (g) In discharging his or her administrative duties under this section, an Authority member shall strive to administer the systems in an efficient and cost-effective manner for the taxpayers of the Commonwealth of Kentucky and shall take all actions available under the law to contain costs for the trusts, including costs for participating employers, members, and retirees.", 61,61.510,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Definitions for KRS 61.510 to 61.705.,"As used in KRS 61.510 to 61.705, unless the context otherwise requires: (1) “System” means the Kentucky Employees Retirement System created by KRS 61.510 to 61.705; (2) “Board” means the board of trustees of the system as provided in KRS 61.645; (3) “Department” means any state department or board or agency participating in the system in accordance with appropriate executive order, as provided in KRS 61.520. For purposes of KRS 61.510 to 61.705, the members, officers, and employees of the General Assembly and any other body, entity, or instrumentality designated by executive order by the Governor, shall be deemed to be a department, notwithstanding whether said body, entity, or instrumentality is an integral part of state government; (4) “Examiner” means the medical examiners as provided in KRS 61.665; (5) “Employee” means the members, officers, and employees of the General Assembly and every regular full-time, appointed or elective officer or employee of a participating department, including the Department of Military Affairs. The term does not include persons engaged as independent contractors, seasonal, emergency, temporary, interim, and part-time workers. In case of any doubt, the board shall determine if a person is an employee within the meaning of KRS 61.510 to 61.705; (6) “Employer” means a department or any authority of a department having the power to appoint or select an employee in the department, including the Senate and the House of Representatives, or any other entity, the employees of which are eligible for membership in the system pursuant to KRS 61.525; (7) “State” means the Commonwealth of Kentucky; (8) “Member” means any employee who is included in the membership of the system or any former employee whose membership has not been terminated under KRS 61.535; (9) “Service” means the total of current service and prior service as defined in this section; (10) “Current service” means the number of years and months of employment as an employee, on and after July 1, 1956, except that for members, officers, and employees of the General Assembly this date shall be January 1, 1960, for which creditable compensation is paid and employee contributions deducted, except as otherwise provided, and each member, officer, and employee of the General Assembly shall be credited with a month of current service for each month he serves in the position; (11) “Prior service” means the number of years and completed months, expressed as a fraction of a year, of employment as an employee, prior to July 1, 1956, for which creditable compensation was paid; except that for members, officers, and employees of the General Assembly, this date shall be January 1, 1960. An employee shall be credited with one (1) month of prior service only in those months he received compensation for at least one hundred (100) hours of work; provided, however, that each member, officer, and employee of the General Assembly shall be credited with a month of prior service for each month he served in the position prior to January 1, 1960. Twelve (12) months of current service in the system are required to validate prior service; (12) “Accumulated contributions” at any time means the sum of all amounts deducted from the compensation of a member and credited to his individual account in the members’ account, including employee contributions picked up after August 1, 1982, pursuant to KRS 61.560(4), together with interest credited, on such amounts and any other amounts the member shall have contributed thereto, including interest credited thereon. For members who begin participating on or after September 1, 2008, “accumulated contributions” shall not include employee contributions that are deposited into accounts established pursuant to 26 U.S.C. sec. 401(h) within the funds established in KRS 16.510 and 61.515, as prescribed by KRS 61.702(3)(b); (13) “Creditable compensation”: (a) Means all salary, wages, tips to the extent the tips are reported for income tax purposes, and fees, including payments for compensatory time, paid to the employee as a result of services performed for the employer or for time during which the member is on paid leave, which are includable on the member’s federal form W-2 wage and tax statement under the heading “wages, tips, other compensation,” including employee contributions picked up after August 1, 1982, pursuant to KRS 61.560(4). For members of the General Assembly, it shall mean all amounts which are includable on the member’s federal form W-2 wage and tax statement under the heading “wages, tips, other compensation,” including employee contributions picked up after August 1, 1982, pursuant to KRS 6.505(4) or 61.560(4); (b) Includes: 1. Lump-sum bonuses, severance pay, or employer-provided payments for purchase of service credit, which shall be averaged over the employee’s total service with the system in which it is recorded if it is equal to or greater than one thousand dollars ($1,000); 2. Cases where compensation includes maintenance and other perquisites, but the board shall fix the value of that part of the compensation not paid in money; 3. Lump-sum payments for creditable compensation paid as a result of an order of a court of competent jurisdiction, the Personnel Board, or the Commission on Human Rights, or for any creditable compensation paid in anticipation of settlement of an action before a court of competent jurisdiction, the Personnel Board, or the Commission on Human Rights, including notices of violations of state or federal wage and hour statutes or violations of state or federal discrimination statutes, which shall be credited to the fiscal year during which the wages were earned or should have been paid by the employer. This subparagraph shall also include lump-sum payments for reinstated wages pursuant to KRS 61.569, which shall be credited to the period during which the wages were earned or should have been paid by the employer; 4. Amounts which are not includable in the member’s gross income by virtue of the member having taken a voluntary salary reduction provided for under applicable provisions of the Internal Revenue Code; and 5. Elective amounts for qualified transportation fringes paid or made available on or after January 1, 2001, for calendar years on or after January 1, 2001, that are not includable in the gross income of the employee by reason of 26 U.S.C. sec. 132(f)(4); and (c) Excludes: 1. Living allowances, expense reimbursements, lump-sum payments for accrued vacation leave, and other items determined by the board; 2. For employees who begin participating on or after September 1, 2008, lump-sum payments for compensatory time; 3. For employees who begin participating on or after August 1, 2016, nominal fees paid for services as a volunteer; and 4. Any salary or wages paid to an employee for services as a Kentucky State Police school resource officer as defined by KRS 158.441; (14) “Final compensation” of a member means: (a) For a member who begins participating before September 1, 2008, who is employed in a nonhazardous position, the creditable compensation of the member during the five (5) fiscal years he or she was paid at the highest average monthly rate divided by the number of months of service credit during that five (5) year period multiplied by twelve (12). The five (5) years may be fractional and need not be consecutive. If the number of months of service credit during the five (5) year period is less than forty-eight (48), one (1) or more additional fiscal years shall be used; (b) For a member who is employed in a nonhazardous position, whose effective retirement date is between August 1, 2001, and January 1, 2009, and whose total service credit is at least twenty-seven (27) years and whose age and years of service total at least seventy-five (75), final compensation means the creditable compensation of the member during the three (3) fiscal years the member was paid at the highest average monthly rate divided by the number of months of service credit during that three (3) years period multiplied by twelve (12). The three (3) years may be fractional and need not be consecutive. If the number of months of service credit during the three (3) year period is less than twenty-four (24), one (1) or more additional fiscal years shall be used. Notwithstanding the provision of KRS 61.565, the funding for this paragraph shall be provided from existing funds of the retirement allowance; (c) For a member who begins participating before September 1, 2008, who is employed in a hazardous position, as provided in KRS 61.592, the creditable compensation of the member during the three (3) fiscal years he or she was paid at the highest average monthly rate divided by the number of months of service credit during that three (3) year period multiplied by twelve (12). The three (3) years may be fractional and need not be consecutive. If the number of months of service credit during the three (3) year period is less than twenty-four (24), one (1) or more additional fiscal years shall be used; (d) For a member who begins participating on or after September 1, 2008, but prior to January 1, 2014, who is employed in a nonhazardous position, the creditable compensation of the member during the five (5) complete fiscal years immediately preceding retirement divided by five (5). Each fiscal year used to determine final compensation must contain twelve (12) months of service credit. If the member does not have five (5) complete fiscal years that each contain twelve (12) months of service credit, then one (1) or more additional fiscal years, which may contain less than twelve (12) months of service credit, shall be added until the number of months in the final compensation calculation is at least sixty (60) months; or (e) For a member who begins participating on or after September 1, 2008, but prior to January 1, 2014, who is employed in a hazardous position as provided in KRS 61.592, the creditable compensation of the member during the three (3) complete fiscal years he or she was paid at the highest average monthly rate divided by three (3). Each fiscal year used to determine final compensation must contain twelve (12) months of service credit. If the member does not have three (3) complete fiscal years that each contain twelve (12) months of service credit, then one (1) or more additional fiscal years, which may contain less than twelve (12) months of service credit, shall be added until the number of months in the final compensation calculation is at least thirty-six (36) months; (15) “Final rate of pay” means the actual rate upon which earnings of an employee were calculated during the twelve (12) month period immediately preceding the member’s effective retirement date, including employee contributions picked up after August 1, 1982, pursuant to KRS 61.560(4). The rate shall be certified to the system by the employer and the following equivalents shall be used to convert the rate to an annual rate: two thousand eighty (2,080) hours for eight (8) hour workdays, nineteen hundred fifty (1,950) hours for seven and one-half (7-1/2) hour workdays, two hundred sixty (260) days, fifty-two (52) weeks, twelve (12) months, one (1) year; (16) “Retirement allowance” means the retirement payments to which a member is entitled; (17) “Actuarial equivalent” means a benefit of equal value when computed upon the basis of the actuarial tables that are adopted by the board. In cases of disability retirement, the options authorized by KRS 61.635 shall be computed by adding ten (10) years to the age of the member, unless the member has chosen the Social Security adjustment option as provided for in KRS 61.635(8), in which case the member’s actual age shall be used. For members who began participating in the system prior to January 1, 2014, no disability retirement option shall be less than the same option computed under early retirement; (18) “Normal retirement date” means the sixty-fifth birthday of a member, unless otherwise provided in KRS 61.510 to 61.705; (19) “Fiscal year” of the system means the twelve (12) months from July 1 through the following June 30, which shall also be the plan year. The “fiscal year” shall be the limitation year used to determine contribution and benefit limits as established by 26 U.S.C. sec. 415; (20) “Officers and employees of the General Assembly” means the occupants of those positions enumerated in KRS 6.150. The term shall also apply to assistants who were employed by the General Assembly for at least one (1) regular legislative session prior to July 13, 2004, who elect to participate in the retirement system, and who serve for at least six (6) regular legislative sessions. Assistants hired after July 13, 2004, shall be designated as interim employees; (21) “Regular full-time positions,” as used in subsection (5) of this section, shall mean all positions that average one hundred (100) or more hours per month determined by using the number of months actually worked within a calendar or fiscal year, including all positions except: (a) Seasonal positions, which although temporary in duration, are positions which coincide in duration with a particular season or seasons of the year and which may recur regularly from year to year, the period of time shall not exceed nine (9) months; (b) Emergency positions which are positions utilized by the employer during: 1. An emergency as determined by the employer for a period not exceeding thirty (30) working days and are nonrenewable; or 2. A state of emergency declared by the President of the United States or the Governor of the Commonwealth of Kentucky that are created or filled specifically for addressing the employer’s needs during and as a result of the declared emergency; (c) Temporary positions which are positions of employment with a participating department for a period of time not to exceed nine (9) months and are nonrenewable; (d) Part-time positions which are positions which may be permanent in duration, but which require less than a calendar or fiscal year average of one hundred (100) hours of work per month, determined by using the number of months actually worked within a calendar or fiscal year, in the performance of duty; and (e) Interim positions which are positions established for a one-time or recurring need not to exceed nine (9) months; (22) “Vested” for purposes of determining eligibility for purchasing service credit under KRS 61.552 means the employee has at least forty-eight (48) months of service if age sixty-five (65) or older or at least sixty (60) months of service if under the age of sixty-five (65). For purposes of this subsection, “service” means service in the systems administered by the Kentucky Retirement Systems and County Employees Retirement System; (23) “Parted employer” means a department, portion of a department, board, or agency, such as Outwood Hospital and School, which previously participated in the system, but due to lease or other contractual arrangement is now operated by a publicly held corporation or other similar organization, and therefore is no longer participating in the system. The term “parted employer” shall not include a department, board, or agency that ceased participation in the system pursuant to KRS 61.522; (24) “Retired member” means any former member receiving a retirement allowance or any former member who has filed the necessary documents for retirement benefits and is no longer contributing to the retirement system; (25) “Current rate of pay” means the member’s actual hourly, daily, weekly, biweekly, monthly, or yearly rate of pay converted to an annual rate as defined in final rate of pay. The rate shall be certified by the employer; (26) “Beneficiary” means the person or persons or estate or trust or trustee designated by the member in accordance with KRS 61.542 or 61.705 to receive any available benefits in the event of the member’s death. As used in KRS 61.702, “beneficiary” does not mean an estate, trust, or trustee; (27) “Recipient” means the retired member or the person or persons designated as beneficiary by the member and drawing a retirement allowance as a result of the member’s death or a dependent child drawing a retirement allowance. An alternate payee of a qualified domestic relations order shall not be considered a recipient, except for purposes of KRS 61.623; (28) “Level percentage of payroll amortization method” means a method of determining the annual amortization payment on the unfunded actuarial accrued liability as expressed as a percentage of payroll over a set period of years but that may be converted to a dollar value for purposes of KRS 61.565(1)(d). Under this method, the percentage of payroll shall be projected to remain constant for all years remaining in the set period of time and the unfunded actuarially accrued liability shall be projected to be fully amortized at the conclusion of the set period of years; (29) “Increment” means twelve (12) months of service credit which are purchased. The twelve (12) months need not be consecutive. The final increment may be less than twelve (12) months; (30) “Person” means a natural person; (31) “Retirement office” means the Kentucky Public Pensions Authority’s office building in Frankfort, unless otherwise designated by the Kentucky Public Pensions Authority; (32) “Last day of paid employment” means the last date employer and employee contributions are required to be reported in accordance with KRS 16.543, 61.543, or 78.615 to the retirement office in order for the employee to receive current service credit for the month. Last day of paid employment does not mean a date the employee receives payment for accrued leave, whether by lump sum or otherwise, if that date occurs twenty-four (24) or more months after previous contributions; (33) “Objective medical evidence” means reports of examinations or treatments; medical signs which are anatomical, physiological, or psychological abnormalities that can be observed; psychiatric signs which are medically demonstrable phenomena indicating specific abnormalities of behavior, affect, thought, memory, orientation, or contact with reality; or laboratory findings which are anatomical, physiological, or psychological phenomena that can be shown by medically acceptable laboratory diagnostic techniques, including but not limited to chemical tests, electrocardiograms, electroencephalograms, X-rays, and psychological tests; (34) “Participating” means an employee is currently earning service credit in the system as provided in KRS 61.543; (35) “Month” means a calendar month; (36) “Membership date” means: (a) The date upon which the member began participating in the system as provided in KRS 61.543; (b) For a member electing to participate in the system pursuant to KRS 196.167(4) or KRS 311A.022(2) who has not previously participated in the system or the Kentucky Teachers’ Retirement System, the date the member began participating in a defined contribution plan that meets the requirements of 26 U.S.C. sec. 403(b); (c) For members bound by an educational contract as a conditional employee to the state of Kentucky prior to December 31, 2003, the date on which the educational contract became effective; (37) “Participant” means a member, as defined by subsection (8) of this section, or a retired member, as defined by subsection (24) of this section; (38) “Qualified domestic relations order” means any judgment, decree, or order, including approval of a property settlement agreement, that: (a) Is issued by a court or administrative agency; and (b) Relates to the provision of child support, alimony payments, or marital property rights to an alternate payee; (39) “Alternate payee” means a spouse, former spouse, child, or other dependent of a participant, who is designated to be paid retirement benefits in a qualified domestic relations order; (40) “Accumulated employer credit” mean the employer pay credit deposited to the member’s account and interest credited on such amounts as provided by KRS 16.583 and 61.597; (41) “Accumulated account balance” means: (a) For members who began participating in the system prior to January 1, 2014, the member’s accumulated contributions; or (b) For members who began participating in the system on or after January 1, 2014, in the hybrid cash balance plan as provided by KRS 16.583 and 61.597, the combined sum of the member’s accumulated contributions and the member’s accumulated employer credit; (42) “Volunteer” means an individual who: (a) Freely and without pressure or coercion performs hours of service for an employer participating in one (1) of the systems administered by Kentucky Retirement Systems without receipt of compensation for services rendered, except for reimbursement of actual expenses, payment of a nominal fee to offset the costs of performing the voluntary services, or both; and (b) If a retired member, does not become an employee, leased employee, or independent contractor of the employer for which he or she is performing volunteer services for a period of at least twelve (12) months following the retired member’s most recent retirement date; (43) “Nominal fee” means compensation earned for services as a volunteer that does not exceed five hundred dollars ($500) per month with each participating employer. Compensation earned for services as a volunteer from more than one (1) participating employer during a month shall not be aggregated to determine whether the compensation exceeds the five hundred dollars ($500) per month maximum provided by this subsection; (44) “Nonhazardous position” means a position that does not meet the requirements of KRS 61.592 or has not been approved by the board as a hazardous position; (45) “Monthly average pay” means: (a) In the case of a member who dies as a direct result of an act in line of duty as defined in KRS 16.505 or who dies as a result of a duty-related injury as defined in KRS 61.621, the higher of the member’s monthly final rate of pay or the average monthly creditable compensation earned by the deceased member during his or her last twelve (12) months of employment; or (b) In the case where a member becomes totally and permanently disabled as a direct result of an act in line of duty as defined in KRS 16.505 or becomes disabled as a result of a duty-related injury as defined in KRS 61.621 and is eligible for the benefits provided by KRS 61.621(5)(a), the higher of the member’s monthly final rate of pay or the average monthly creditable compensation earned by the disabled member during his or her last twelve (12) months of employment prior to the date the act in line of duty or duty-related injury occurred; (46) “Authority” means the Kentucky Public Pensions Authority as provided by KRS 61.505; (47) “Executive director” means the executive director of the Kentucky Public Pensions Authority; and (48) “Instructional staff” means the employees of a state college or university participating under KRS 61.520 who are: (a) Faculty; (b) Staff responsible for teaching; or (c) Other individuals employed in an administrative position that is eligible for participation in the Teachers’ Insurance and Annuity Association (TIAA) or the Teachers’ Retirement System.", 61,61.515,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Retirement system established — Fund created.,"There is hereby created and established: (1) A retirement system for employees to be known as the “Kentucky Employees Retirement System” by and in which name it shall, pursuant to the provisions of KRS 61.510 to 61.705, transact all its business and shall have the powers and privileges of a corporation; and (2) (a) A fund, called the “Kentucky Employees Retirement Fund,” which shall consist of all the assets of the system as set forth in KRS 61.570 to 61.585. (b) All assets received in the fund shall be deemed trust funds to be held and applied solely as provided in KRS 61.510 to 61.705. (c) The assets in the fund shall be attributable to members participating in the Kentucky Employees Retirement System in both hazardous positions as defined in KRS 61.592 and nonhazardous positions as defined in KRS 61.510, and when payment is made from the fund: 1. No assets attributable to members in hazardous positions shall be used to pay benefits to members in nonhazardous positions; and 2. No assets attributable to members in nonhazardous positions shall be used to pay benefits to members in hazardous positions.", 61,61.520,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Participation determined by board and fixed by executive order — Authority for order.,"(1) Each department determined by the board to be eligible and qualified for participation shall participate in the system when the Governor by appropriate executive order, the authority to issue such executive order being granted, directs such department to participate in the system. The effective date of such participation shall be determined by the board and fixed by the Governor in his executive order. (2) (a) Notwithstanding the provisions of subsection (1) of this section, the Governor is authorized to permit any state college or university, which he directs by appropriate executive order to participate in the system after January 1, 1972, to include its noninstructional employees in the membership of the system while excluding the instructional employees of the state college or university from membership. (b) All employees of an agency participating under authority of paragraph (a) of this subsection shall be considered noninstructional employees except the members of the instructional staff as defined in KRS 61.510. (3) All executive orders issued under authority of this section since July 1, 1956, are hereby ratified by the General Assembly and each participating and contributing department, board, agency, corporation, board for mental health or individuals with an intellectual disability, or entity participating since that date under such executive order is hereby declared to be a participating department under the Kentucky Employees Retirement System. (4) Except as provided by KRS 61.522: (a) Once a department participates it shall continue to participate as long as it remains qualified; and (b) Any position initially required to participate in the Kentucky Employees Retirement System shall continue to participate as long as the position exists.", 61,61.521,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Participation date of circuit clerks. [Repealed.],, 61,61.522,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,"Definitions — Voluntary and involuntary cessation of participation by employer in retirement system — Effects of on employees, employers, and system — Statutes and administrative regulations that prevail regarding participation.","Notwithstanding any other provision of KRS 61.510 to 61.705 or 78.510 to 78.852 to the contrary: (1) For purposes of this section: (a) “Active member” means a member who is participating in the system; (b) “Employer” means the governing body of a department, as defined by KRS 61.510; (c) “Employer’s effective cessation date” means: 1. The last day of the system’s plan year in the year in which the employer has elected to cease participation in the system, provided the employer has met the requirements of this section and has given the Kentucky Retirement Systems sufficient notice as provided by administrative regulations promulgated by the systems; or 2. For Kentucky Employees Retirement System employers making an election to cease participating under the provisions of subsection (8) of this section, it shall be June 30, 2021; and (d) “Inactive member” means a member who is not participating with the system; (2) Any employer participating in the Kentucky Employees Retirement System on July 1, 2015, except as limited by subsection (6) of this section, may: (a) Voluntarily cease participation in its respective retirement system subject to the requirements and restrictions of this section; (b) Be required to involuntarily cease participation in the system under the provisions of this section if the board has determined the employer is no longer qualified to participate in a governmental plan or has failed to comply with the provisions of KRS 61.510 to 61.705; or (c) If the employer is participating in the Kentucky Employees Retirement System, request an estimate of the cost of voluntarily ceasing participation in the system prior to officially making a request to cease participation. For those Kentucky Employees Retirement System nonhazardous employers who are considering ceasing participating in the system under the provisions of subsection (8) of this section on June 30, 2021, the request for an estimate to voluntarily cease participating must be made prior to December 31, 2019, and the estimate shall be provided to that employer within sixty (60) days of the request, except that no estimate shall be required to be provided prior to January 31, 2020; (3) (a) If an employer desires to voluntarily cease participation in the Kentucky Employees Retirement System as provided by subsection (2)(a) of this section: 1. The employer shall adopt a resolution requesting to cease participation in the system and shall submit the resolution to the board for its approval. The board shall not be able to deny a resolution to cease participation in the Kentucky Employees Retirement System for any employer who seeks to voluntarily cease participation in the system as provided by subsection (8) of this section; 2. Except as provided by subsection (8)(d) of this section, the cessation of participation in the system shall apply to all employees of the employer; 3. The employer shall pay for all administrative costs of an actuarial study to be completed by the Kentucky Retirement Systems’ consulting actuary and for any other administrative costs for discontinuing participation in the system as determined by the board and as provided by this section; 4. The employer shall provide an alternative retirement program for employees who will no longer be covered by the system, which may include a voluntary defined contribution plan but, for Kentucky Employees Retirement System employers with effective cessation dates occurring on or after June 30, 2020, the alternative retirement program shall not include a defined benefit plan which by its nature can have an unfunded liability; 5. If the alternative retirement program established by the employer meets the qualification requirements under 26 U.S.C. sec. 401(a) or 26 U.S.C. sec. 403(b) and is capable of accepting trustee-to-trustee transfers of both pre-tax and post-tax contributions, employees of the employer ceasing participation may, except for those employees continuing to participate in the system as provided by subsection (8)(d)2. of this section, seek to transfer his or her account balance to the employer’s qualified alternate retirement program within sixty (60) days of the employer’s effective cessation date. An employee’s election to transfer his or her account balance within sixty (60) days of the employer’s effective cessation date is an irrevocable waiver of the right to obtain service credits in the system for the time worked for the employer ceasing participation; 6. The employer shall pay to the system by lump sum or in installments as provided by subsection (8) of this section, if eligible, the full actuarial cost, except as provided by subsection (8)(g)4. of this section, of the benefits accrued by its current and former employees in the system as determined separately for the pension fund and the insurance fund by the actuarial study required by subparagraph 3. of this paragraph. If the employer makes an election for employees to continue to participate in the system as provided by subsection (8)(d)2. of this section, the cost shall also include the present value of future normal costs of those employees who will continue to participate in the system after the employer’s effective cessation date. The full actuarial cost shall not include any employee who seeks a transfer of his or her account balance within sixty (60) days of the employer’s effective cessation date as provided by subparagraph 5. of this paragraph. The actuarial cost shall be fixed, and the employer shall not be subject to any increases or subsequent adjustments, once the lump sum is paid or the installment payments have commenced; and 7. Kentucky Employees Retirement System employers ceasing participating under the provisions of subsection (8) of this section who elect to pay their actuarial costs by a lump sum shall pay the entire costs, in one (1) or more payments, so that the full actuarial costs are paid by June 30, 2022. Interest on the unpaid principal amount of the full actuarial costs shall begin on July 1, 2021, and accrue until the full actuarial costs are paid. If the ceasing employer makes a payment prior to July 1, 2021, the ceasing employer shall receive a credit against their full actuarial costs to be determined as of June 30, 2021, that is equal to the amount of the prior payment plus interest for the period beginning on the date of the prior payment and ending on June 30, 2021. If a final payment is due by June 30, 2022, for an employer who has made a payment or payments on or before June 30, 2021, it shall be equal to any unpaid actuarial costs due plus interest as of the date of final payment. If the payment or payments made by the ceasing employer exceed the final full actuarial costs of ceasing participation, the employer shall by June 30, 2022, be refunded an amount equal to the overpayment plus interest for the period beginning on the date of the overpayment and ending on the date the refund is paid to the employer. If the ceasing employer fails to make the full lump-sum payment by June 30, 2022, the ceasing employer shall make installments as provided by subsection (8)(g) of this section, and the ceasing employer shall have the costs recalculated based upon making installment payments as provided by this section and shall be required to make up any missed installment payments as determined by the system. For purposes of this subparagraph, “interest” shall be equal to a rate of five and one-quarter percent (5.25%) per annum for pension costs and at a rate of six and one-quarter percent (6.25%) per annum for retiree health costs. (b) If the board determines an employer must involuntarily cease participation in the system as provided by subsection (2)(b) of this section: 1. The cessation of participation in the system shall apply to all employees of the employer; 2. The employer shall pay for all administrative costs of an actuarial study to be completed by the Kentucky Retirement Systems’ consulting actuary and for any other administrative costs for discontinuing participation in the system as determined by the board and as provided by this section; and 3. The employer shall pay by lump sum to the system the full actuarial cost of the benefits accrued by its current and former employees in the system as determined separately for the pension fund and the insurance fund by the actuarial study required by subparagraph 2. of this paragraph. The actuarial cost shall be fixed, and the employer shall not be subject to any increases or subsequent adjustments, once the lump sum is paid. A Kentucky Employees Retirement System employer who ceases participation in the systems under this paragraph shall not establish or contribute to on behalf of its employees a defined benefit plan which by its nature can have an unfunded liability; (4) Any employee hired on or after the employer’s effective cessation date by an employer who has ceased participation in the system as provided by this section shall not, regardless of his or her membership date in the systems administered by Kentucky Retirement Systems, be eligible to participate in the Kentucky Employees Retirement System through the employer that ceased participation for the duration of his or her employment with that employer; (5) If an employer has ceased participation in the system as provided by this section: (a) The rights of recipients and the vested rights of inactive members accrued as of the employer’s effective cessation date shall not be impaired or reduced in any manner as a result of the employer ceasing participation in the system; and (b) Except as provided by subsection (8)(d)2. of this section, employees of the employer ceasing participation shall accrue benefits through the employer’s effective cessation date but shall not accrue any additional benefits in the Kentucky Employees Retirement System, including earning years of service credit through the ceased employer, after the employer’s effective cessation date for as long as they remain employed by the employer. The day after the employer’s effective cessation date, each employee described by this paragraph, except as provided by subsection (8)(d)2. of this section, shall be considered an inactive member with respect to his or her employment with the employer that ceased participation and, subject to the provisions and limitations of KRS 61.510 to 61.705, shall: 1. Retain his or her accounts with the Kentucky Employees Retirement System and have those accounts credited with interest in accordance with KRS 61.510 to 61.705; 2. Retain his or her vested rights in accordance with paragraph (a) of this subsection; and 3. Be eligible to take a refund of his or her accumulated account balance in accordance with KRS 61.625 or any other available distribution if eligible; (6) Kentucky Employees Retirement System employers who are county attorney offices, Commonwealth’s attorney offices, local and district health departments governed by KRS Chapter 212, master commissioners, executive branch agencies whose employees are subject to KRS 18A.005 to 18A.200, state-administered retirement systems, state-supported universities and community colleges, property valuation administration offices, or employers in the legislative or judicial branch of Kentucky state government, shall not be eligible to voluntarily discontinue participation in the Kentucky Employees Retirement System, except that: (a) Any employer who is a nonstock nonprofit corporation organized under KRS Chapter 273 may voluntarily cease participation; and (b) Local and district health departments governed by KRS Chapter 212, state-supported universities and community colleges, and the Kentucky Higher Education Student Loan Corporation may voluntarily cease participation in the Kentucky Employees Retirement System solely under the provisions and requirements of subsection (8) of this section; (7) For purposes of this section, the full actuarial cost shall be determined by the Kentucky Retirement Systems’ consulting actuary separately for the pension fund and the insurance fund using the assumptions and methodology established by the system specifically for determining the full actuarial cost of ceasing participation as of the employer’s effective cessation date. For purposes of determining the full actuarial cost, the assumed rate of return used to calculate the cost shall be the lesser of the assumed rate of return utilized in the system’s most recent actuarial valuation or the yield on a thirty (30) year United States treasury bond as of the employer’s effective cessation date, but shall in no case be lower than: (a) Except as provided by paragraphs (b) to (e) of this subsection, the assumed rate of return utilized in the system’s most recent actuarial valuation minus three and one-half percent (3.5%); (b) Four and one-half percent (4.5%) for those Kentucky Employees Retirement System employers who voluntarily cease participation under the provisions of subsection (8) of this section who pay the costs of ceasing participation by lump-sum payment by June 30, 2022, and who do not make an election for their employees to continue to participate in the system after the employer’s effective cessation date as provided by subsection (8)(d)3. of this section; (c) Five and one-quarter percent (5.25%) for university and community college employers or three and one-half percent (3.5%) for all other Kentucky Employees Retirement System employers who voluntarily cease participation under the provisions of subsection (8) of this section who pay the costs of ceasing participation by lump-sum payment by June 30, 2022, and who do make an election for employees to continue to participate in the system after the employer’s effective cessation date as provided by subsection (8)(d)2. of this section; (d) Three and one-half percent (3.5%) for those Kentucky Employees Retirement System employers who voluntarily cease participation under the provisions of subsection (8) of this section who pay the costs of ceasing participation by installment payments and who do not make an election for employees to continue to participate in the system after the employer’s effective cessation date as provided by subsection (8)(d)3. of this section; or (e) Three percent (3%) for those Kentucky Employees Retirement System employers who voluntarily cease participation under the provisions of subsection (8) of this section who pay the costs of ceasing participation by installment payments and who do make an election for employees to continue to participate in the system after the employer’s effective cessation date as provided by subsection (8)(d)2. of this section; (8) Notwithstanding the provisions of this section, any Kentucky Employees Retirement System employer who is eligible to voluntarily cease participating as provided by subsection (6) of this section may, on or after April 1, 2020, but prior to May 1, 2021, except in the case of university or community college employers it shall be prior to January 1, 2021, elect to voluntarily cease participating in the systems for its nonhazardous employees by submitting a resolution in accordance with subsection (3)(a)1. of this section. If an employer makes an election to voluntarily cease participation by submitting a resolution as provided by this subsection: (a) The board shall accept any election to cease participation on or before June 30, 2021, and the employer’s effective cessation date shall be June 30, 2021. Prior to May 1, 2021, or January 1, 2021, in the case of university or community college employers, the employer may rescind a previously submitted election to cease participation; (b) Nonhazardous employees hired on or after the employer’s effective cessation date by an employer who has ceased participation in the system as provided by this section shall not, regardless of his or her membership date in the systems administered by Kentucky Retirement Systems, be eligible to participate in the Kentucky Employees Retirement System through the employer that ceased participation for the duration of his or her employment with that ceasing employer; (c) Nonhazardous employees hired prior to the employer’s effective cessation date, who began participating in the systems administered by Kentucky Retirement Systems on or after January 1, 2014, and who are participating in the hybrid cash balance plan as provided by KRS 61.597, shall continue to contribute and earn service credit in the systems through the employer’s effective cessation date. After the employer’s effective cessation date, the employee shall participate in the alternative retirement plan established by the employer as provided by subsection (3)(a)4. of this section. A nonhazardous employee covered by this paragraph who elects to transfer his or her account balance within sixty (60) days of the employer’s effective cessation date as provided by subsection (3)(a)5. of this section, shall, notwithstanding KRS 61.597, receive a transfer of the employee’s accumulated account balance, including the entire accumulated employer credit, regardless of the employee’s years of service credit; (d) 1. The employer shall, in the resolution submitted in accordance with subsection (3)(a)1. of this section, make an election as to whether or not nonhazardous employees hired prior to the employer’s effective cessation date, who began participating in the systems administered by Kentucky Retirement Systems prior to January 1, 2014, who are participating in the systems administered by Kentucky Retirement Systems through the employer, will continue to participate in the system after the employer’s effective cessation date. 2. If the employer makes an election for the employees described by this paragraph to continue participating in the system after the employer’s effective cessation date, these employees will continue to contribute and earn service credit in the systems for as long as they remain employed by the employer in a regular full-time position that is eligible to participate in the systems, except in the event the employer fails to make installment payments as provided by KRS 61.675(4). Any costs for the present value of future normal costs of the employees covered by this subparagraph who will contribute and earn service in the system after the employer’s effective cessation date shall be included in the cost calculation established by subsection (7) of this section. 3. If the employer does not make an election for the employees described by this paragraph to continue participating in the system after the employer’s effective cessation date, these employees shall continue to contribute and earn service credit in the systems through the employer’s effective cessation date. After the employer’s effective cessation date, these employees shall participate in the alternative retirement plan established by the employer as provided by subsection (3)(a)4. of this section; (e) The cost of ceasing participating to an individual employer shall be equal to the cost determined under subsection (7) of this section and shall include the costs of those employees who continue to participate in the system as provided by paragraph (d)2. of this subsection; (f) The employer may pay the full actuarial cost of ceasing participation by lump-sum payment or in installments as provided by paragraph (g) of this subsection; (g) If the employer elects to pay the costs in installment payments, the cost of ceasing participation as provided by this subsection shall be financed by the systems using the following method: 1. Annual payments occurring on or after July 1, 2021, shall be a set dollar value and shall be paid in monthly installments. In fiscal year 2021-2022, the set dollar value shall be equal to the higher of the actual contributions paid by the employer in fiscal year 2020-2021 or the annualized average of the creditable compensation reported to the systems by the ceasing employer over the last sixty (60) months occurring prior to July 1, 2019, for which contributions were paid by the ceasing employer, and multiplied by an employer rate of forty-nine and forty-seven one-hundredths percent (49.47%). Annual payments, for fiscal years occurring on or after July 1, 2022, which shall be paid monthly, shall be increased by one and one-half percent (1.5%) annually and shall be paid until the cost as provided by subsection (7) of this section and as adjusted annually by subparagraphs 2. and 3. of this paragraph are paid in full or until an employer as described by subparagraph 4. of this paragraph has paid for thirty (30) years from the effective cessation date; 2. Interest shall be assigned to the principal amount annually beginning on July 1, 2021, and for each July 1 thereafter, that is equal to a rate of five and one-quarter percent (5.25%) per annum for pension costs and at a rate of six and one-quarter percent (6.25%) per annum for retiree health costs; 3. If an employer is not projected by the systems to pay off the full actuarial costs to cease participation with interest as provided by subparagraph 2. of this paragraph at the conclusion of the thirty (30) year installment period from the employer’s effective cessation date, and the employer makes an election for employees to continue to participate in the system after the employer’s effective cessation date as provided by paragraph (d)2. of this subsection, then the systems shall adjust the base value for the first annual payments occurring on or after July 1, 2021, in order to keep the maximum period of installments to thirty (30) years; and 4. If an employer is not projected by the systems to pay off the full actuarial costs to cease participation with interest as provided by subparagraph 2. of this paragraph at the conclusion of the thirty (30) year installment period from the employer’s effective cessation date, and the employer does not make an election for employees to continue to participate in the system after the employer’s effective cessation date as provided by paragraph (d)3. of this subsection, the employer shall pay the amount determined by subparagraph 1. of this paragraph for thirty (30) years from the effective cessation date and no additional costs shall be billed to a ceasing employer after the conclusion of the thirty (30) year period nor shall the employer be subject to adjustments under subparagraph 3. of this paragraph. The system may request in future biennial executive branch budgets the additional funding needed on an annual basis to fully pay off the installments at the conclusion of the thirty (30) year period for the employers described by this paragraph, and it is the intent of the General Assembly to pay the additional funding needed by appropriation in the biennial executive branch budget. An employer ceasing participation who is making installment payments as provided by this paragraph may at any time pay off a portion of the remaining balance or the entire remaining balance and shall not be charged any interest for periods beyond the pay-off date for the balance that is paid off; (h) Kentucky Employees Retirement System employers eligible to cease participation under the provisions of this subsection who do not make an election to cease participation in the system prior to May 1, 2021, or prior to January 1, 2021, in the case of university and community college employers, shall be required to pay the full actuarially determined contributions established by KRS 61.565 and 61.702 for fiscal years occurring on or after July 1, 2021; and (i) Kentucky Employees Retirement System employers who elect to cease participation in the system as provided by this subsection who are currently receiving a distribution of general fund appropriations in the biennial executive branch budget under the provisions of 2018 Ky. Acts ch. 169, Part I, G., 4., (5), 2018 Ky. Acts ch. 169, Part I, G., 5., (2), or 2018 Ky. Acts ch. 169, Part I, G., 9., (2) to help pay employer contributions to the system shall continue to receive the same level of distribution of general fund appropriations to help pay the costs of ceasing participation until such time that the employer’s full actuarial costs of ceasing participation are paid off; (9) The Kentucky Retirement Systems shall promulgate administrative regulations pursuant to KRS Chapter 13A to administer this section; (10) (a) Any employer who voluntarily ceases participation, or who is required to involuntarily cease participation as provided in this section, shall hold the Commonwealth and the Kentucky Retirement Systems, including board members and employees of the Kentucky Retirement Systems, harmless from damages, attorney’s fees and costs from legal claims for any cause of action brought by any member or retired member of the departing employer related to the employer’s cessation of participation as set forth in this section. (b) Any employer who is voluntarily ceasing participation under the provisions of subsection (8) of this section shall be required to pledge any security in any relevant real estate, chattel paper, deposit accounts, documents, goods covered by documents, instruments, investment property, letters of credit rights, and money to the costs of ceasing participation until all costs of ceasing participation are paid in full; and (11) Notwithstanding any other provision of statute to the contrary, the provisions of KRS 61.510 to 61.705, and the administrative regulations promulgated thereunder, shall prevail regarding any question of participation in the systems of any employer or any employee of an employer who ceases participation in the Kentucky Employees Retirement System.", 61,61.523,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Cessation of participation by employer in retirement system and establishment of a governmental plan — Effects of on employees and employers — No legislative determination that employer ceasing to participate is a “governmental agency.”,"The following shall apply if an employer ceases participation in the Kentucky Employees Retirement System or the County Employees Retirement System under KRS 61.522 and, after ceasing participation, establishes an alternative retirement plan as required by KRS 61.522, which is a governmental plan within the meaning of 26 U.S.C. sec. 414(d) that provides for mandatory employee contributions: (1) Each employee of the employer participating in the governmental plan shall contribute a fixed percentage of compensation for each pay period he or she receives compensation. The fixed percentage of compensation provided by this subsection shall: (a) Be established in a written plan document by the board of directors or other governing body of the employer for specific classes of employees; (b) Comply with subsections (2) to (4) of this section; and (c) Only be changed by the board of directors or other governing body of the employer prospectively, provided the written plan document established by paragraph (a) of this subsection is amended to reflect the change; (2) The employer shall cause to be deducted from the compensation of each employee the contribution rate specified by subsection (1) of this section; (3) The deductions provided by this section shall be made notwithstanding that the minimum compensation provided by law for any employee shall be reduced thereby. Every employee shall be deemed to consent and agree to the deductions made as provided by this section, and payment of salary or compensation less these deductions shall be a full and complete discharge of all claims for services rendered by the person during the period covered by such payment, except as to benefits payable under the plans established by the employer that are covered by this section; (4) Each employer shall, solely for the purpose of compliance with 26 U.S.C. sec. 414(h), pick up the employee contributions required by this section and the contributions so picked up shall be treated as employer contributions in determining tax treatment under the United States Internal Revenue Code and KRS 141.010, except for purposes of the Federal Insurance Contributions Act. The picked-up employee contribution shall: (a) Be in lieu of employee contributions; (b) Not be included as gross income of the employee until such time as the contributions are distributed or made available to the employee; and (c) Be paid by the employer from the same source of funds which is used to pay compensation to the employee. The employee shall not be permitted to opt-out of the picked-up employee contributions, to receive the picked-up employee contributions directly instead of having them paid by the employer to the retirement plan, or to have any other cash or deferred election right to the picked-up contributions within the meaning of 26 C.F.R. sec. 1.401(k)-1(a)(3); and (5) The provisions of this section shall not be construed to be a determination or opinion by the Kentucky General Assembly as to whether or not an employer who ceases participation in the Kentucky Employees Retirement System or the County Employees Retirement System under KRS 61.522 is a governmental agency for purposes of establishing a governmental plan within the meaning of 26 U.S.C. sec. 414(d).", 61,61.525,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Membership.,"Membership in the system shall consist of the following: (1) All persons who become employees of a participating department after the date such department first participates in the system; (2) (a) All persons who are employees of a department on the date the department first participates in the system, either in service or on authorized leave from service, and who elect within thirty (30) days following the department’s participation, or in the case of persons on authorized leave, within thirty (30) days of their return to active service, to become members and thereby agree to make contributions as provided in KRS 61.515 to 61.705; (b) All persons who are employees of a department who did not elect to participate within thirty (30) days of the date the department first participated in the system or within thirty (30) days of their return to active service and who subsequently elect to participate the first day of a month after the department’s date of participation; (3) All persons who are employees of any credit union whose membership was initially limited to employees of state government and their families and which subsequently may have been extended to local government employees and their families; (4) All persons who were professional staff employees of the Council on Postsecondary Education or the Higher Education Assistance Authority and were contributing to the system on the effective date of Executive Order 74-762 or 75-964, respectively, and file a written election of their desire to continue in the system and all administrative and professional staff employees of the Higher Education Assistance Authority who, on or after January 1, 1993, are not participating in another retirement plan sponsored by the Higher Education Assistance Authority; (5) All persons who were professional staff employees of the Kentucky Authority for Educational Television on and after July 1, 1974; (6) All persons who are employees of the Teachers’ Retirement System except employees who are required to participate under the Teachers’ Retirement System under KRS 161.220(4)(d); (7) Membership in the system shall not include persons who are not eligible to participate in the system as provided by KRS 61.522 or those employees who are simultaneously participating in another state-administered defined benefit plan within Kentucky other than those administered by the Kentucky Retirement Systems, except for employees who have ceased to contribute to one (1) of the state-administered retirement plans as provided in KRS 21.360; and (8) Effective January 1, 1998, employees of the Kentucky Community and Technical College System who were previously contributing members and are not required to participate in the Teachers’ Retirement System as a member; employees who were previously contributing members transferred from the former Cabinet for Workforce Development as provided in KRS 164.5805(1)(a) and who have not exercised the option to participate in the new Kentucky Community and Technical College personnel system as provided in KRS 164.5805(1)(e); and new employees as of July 1, 1997, who are not eligible under the Teachers’ Retirement System or who are not contributing to an optional retirement plan established by the board of regents for the Kentucky Community and Technical College System.", 61,61.526,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Employee and employer may file statement of facts at retirement office — Procedures for verification.,"(1) Upon becoming a member of the Kentucky Employees Retirement System, the County Employees Retirement System, or the State Police Retirement System, the employee and employer may file in the retirement office, in the form and detail as the authority may prescribe, a statement of facts pertaining to the employee and other information the authority may require, including but not limited to a record of military service and previous employment with the employer. (2) If the records of the employer employing the member during the time the service was rendered do not substantiate the statement of facts filed by the member, the member shall be notified of any discrepancy. The member shall be advised that he has the responsibility of supplying verification of any unsubstantiated service. (3) At the request of the member, or the beneficiary if the member is deceased, the Authority’s executive director shall arrange a time and place or process to receive additional information in regard to the unsubstantiated service. After filing the request, the member or the beneficiary if the member is deceased, shall have a reasonable time but no more than six (6) months to present the additional information to substantiate the unsubstantiated service. (4) The system may allow a member to retire or obtain a refund without the member submitting a statement of facts pertaining to the member as described by this section.", 61,61.527,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,"Extension of system to include police court judges and their present and future survivors covered as of December 31, 1977, under retirement plans established by cities of second or third class — Procedure for transfer of coverage to state system.","(1) The system shall extend to and embrace police court judges and present and future survivors who are covered as of December 31, 1977, by pension plans established under KRS 26.650 or 26.652 and which existed as of July 31, 1976. (2) Within thirty (30) days after January 1, 1978, the city legislative body of each city with a pension plan established under KRS 26.650 or 26.652 shall furnish the system a record of the period of service and contributions of each person covered by the plan, and, for any survivor who is benefiting from the plan, the monthly pension amount being received and any other information requested by the system. (3) Upon receiving the information required by subsection (2) of this section, the system shall credit each person with service sufficient to guarantee that he or his survivors shall receive at a minimum the benefits to which he would be entitled under KRS 26.660, except that the service required for vesting shall be that required by the system rather than that required by KRS 26.650 or 26.652. In addition, each individual’s contributions to the plan under which he was covered as of December 31, 1977, shall be credited to his account in the system. (4) Each person covered by the system under this section shall have the same rights and responsibilities as any other member or retiree of the system but at no additional cost to the person. (5) Each city with a pension plan established under KRS 26.650 or 26.652 as of July 31, 1976, shall pay to the system an amount equal to that which would have existed in the police judge pension fund as of December 31, 1977, if the fund contained: (a) The actual amount paid by each police judge making contributions to the fund, and (b) Contributions by the city equal to the amount which would have been paid if the city had contributed to the fund at the rate provided for under KRS 61.565. (6) Within five (5) years after the system makes its determination, each city shall pay to the system the amount computed by the system under subsection (5) of this section. Any additional cost of funding benefits provided under subsection (3) of this section shall be paid by the state.", 61,61.530,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Nonelection of membership — Penalty.,"Any person who is an employee on the date his department first participates in the system, either in service or on leave from service, who does not elect within the time set forth in KRS 61.525 to become a member and thereby make contributions required of him by KRS 61.510 to 61.705, shall forfeit all right for credit for service with any department prior to the date he might subsequently elect to become a member, except as provided in KRS 61.552.", 61,61.535,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Cessation of membership — Conditions — Forfeiture of retirement benefits.,"(1) The membership of any person in the system shall cease: (a) Upon withdrawal of his accumulated account balance at or any time after termination of employment, regardless of length of service; (b) Upon disability retirement; (c) Upon service retirement; (d) Upon death; (e) For persons hired prior to August 1, 2000, upon termination of employment with prejudice; or (f) For persons hired on or after August 1, 2000, upon conviction of a felony relating to the person’s employment as provided in subsection (3) of this section. (2) For purposes of KRS 61.510 to 61.705 and 16.505 to 16.652, termination of employment with prejudice shall mean termination as the result of conviction of the member in a court of competent jurisdiction of embezzlement or larceny of public funds or property or malfeasance in office, or the forcing of a member to make restitution for any funds or property criminally taken by said member at the time of termination of employment. (3) Notwithstanding any provision of law to the contrary, an employee hired on or after August 1, 2000, who participates in one (1) of the retirement systems administered by the Kentucky Retirement Systems and who is convicted, in any state or federal court of competent jurisdiction, of a felony related to his employment shall forfeit rights and benefits earned under the retirement system, except for the return of his accumulated contributions and interest credited on those contributions. The payment of retirement benefits ordered forfeited shall be stayed pending any appeal of the conviction. If the conviction is reversed on final judgment, no retirement benefit shall be forfeited. The employer shall notify the retirement system when an employee is convicted under the provisions of this subsection.", 61,61.540,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Summary plan description — Publication.,"(1) Under administrative regulations promulgated by the board, each member and each employer may file at the retirement office, in the form the board may prescribe, a statement of the facts pertaining to the member and other information the system may require. (2) The Authority shall prepare and make available upon request to all members, retired members, or beneficiaries, a summary plan description, written in a manner that can be understood by the average member, retired member, or beneficiary, and sufficiently accurate and comprehensive to reasonably apprise them of their rights and obligations under the provisions of KRS 16.505 to 16.652, 61.510 to 61.705 and 78.510 to 78.852. (3) The summary plan description shall include: (a) The name of the retirement system, the name and business address of the executive director of the Kentucky Public Pensions Authority and the chief executive officer, and the name, business address, and title of each member of the board of trustees; (b) The name and business address of the person designated for the service of legal process; (c) The system’s requirements for participation and benefits; (d) A description of retirement formulas for normal, early and disability retirement, and survivor benefits; (e) A description of the requirements for vesting of pension benefits; (f) A reasonable list of circumstances which would result in disqualification, ineligibility, or denial or loss of benefits; (g) The sources of financing retirement benefits, and statutory requirements for funding; (h) A statement after each actuarial valuation as to whether funding requirements are being met; and (i) The procedures to be followed in presenting claims for benefits under the plan, and the remedies available under the plan for the redress of claims which are denied in whole or in part. (4) The system may publish the summary plan description in the form of a paper or electronic comprehensive pamphlet or booklet, or in the form of paper or electronic periodic newsletters which shall incorporate all the information required in the summary plan description within a period of two (2) years. Any changes in statutory requirements or administrative practices which alter the provisions of the plan as described in the summary plan description shall be summarized as required in subsection (1) of this section and shall be made available upon request to members in the form of a supplement to a comprehensive booklet, or reported in the periodic newsletter.", 61,61.541,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Creditable compensation of fee officers.,"The creditable compensation of fee officers who receive salary, fees, maintenance, or other perquisites as a result of their official duties is the gross amount received decreased by the cost of salary paid deputies and clerks and the cost of office supplies and other official expenses.", 61,61.542,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Designation of principal and contingent beneficiaries — Rights — Effects of change in certain conditions — Designation following cessation of membership.,"(1) Prior to the first day of the month in which the member receives his or her first retirement allowance and prior to the member filing a notification of retirement or a request for refund: (a) Each member may designate on the form prescribed by the Authority a principal beneficiary and contingent beneficiary for his or her account or accounts. The principal beneficiary or contingent beneficiary designated by the member shall be: 1. One (1) or more persons; or 2. The member’s estate; or 3. A trust; (b) If multiple persons are designated as provided by paragraph (a)1. of this subsection, the member shall indicate the percentage of total benefits each person is to receive. 1. If percentages are not indicated, payments will be disbursed equally to the named beneficiaries. 2. If the percentages indicated do not total one hundred percent (100%), each beneficiary shall receive an increased or decreased percentage which is proportional to the percentage allotted him or her by the member. 3. If any of the multiple beneficiaries die prior to the member’s death, the remaining beneficiaries shall be entitled to the deceased beneficiary’s percentage of the total benefits, and each shall receive a percentage of the deceased’s share which is equal to the percentage allotted them by the member; (c) The principal and contingent beneficiary designation established by the member pursuant to paragraph (a) of this subsection shall remain in full force and effect until changed by the member, except: 1. A final divorce decree terminates an ex-spouse’s status as beneficiary, unless the member has on file in the retirement office a beneficiary designation that redesignates the ex-spouse as beneficiary subsequent to the issuance of the divorce decree; 2. If a beneficiary or beneficiaries are convicted of any crime which prohibits that person or persons from receiving the benefits under KRS 381.280, the beneficiary or beneficiaries shall not be eligible for any of the benefits and the remaining beneficiary or beneficiaries or, if none, the member’s estate, shall become the beneficiary; and 3. When a notification of retirement has been filed at the retirement office, the designation of beneficiary on the notification of retirement, which shall be one (1) person, his or her estate, or a trust, shall supersede the designation of all previous beneficiaries, unless the notification of retirement is withdrawn, invalid, or voided. If the notification of retirement is withdrawn, invalid, or voided, the prior beneficiary designation on file with the system shall remain in full force and effect until changed by the member; and (d) Except as provided by paragraph (c)3. of this subsection, if the member fails to designate a beneficiary for his or her account or if the beneficiary designation is determined to be void by the system, the member’s estate shall become the beneficiary. (e) If the member has more than one (1) account in the Kentucky Employees Retirement System, County Employees Retirement System, or State Police Retirement System, the member shall not be eligible to name differing beneficiaries for each system but shall instead complete one (1) beneficiary designation form which shall be applicable to all systems in which the member has an account. (2) If the member dies prior to the first day of the month in which the member would have received his or her first retirement allowance and prior to filing a notification of retirement or a request for refund, any retirement benefits shall be payable to the principal beneficiary, except that: (a) If the death of the principal beneficiary or beneficiaries precedes the death of the member, or if the principal beneficiary is terminated by a divorce decree, the contingent beneficiary or beneficiaries become the principal beneficiary or beneficiaries; (b) If the principal beneficiary is one (1) person and is the member’s spouse and they are divorced on the date of the member’s death, the contingent beneficiary or beneficiaries become the principal beneficiary or beneficiaries; (c) If the member is survived by his or her principal beneficiary or beneficiaries who subsequently die prior to having on file at the retirement office the necessary forms prescribed under authority of KRS 61.590, the contingent beneficiary shall become the principal beneficiary or beneficiaries; (d) If the deaths of all the principal beneficiaries and all of the contingent beneficiaries precede the death of the member, the estate of the member becomes the beneficiary; and (e) If the member dies as a direct result of an act in line of duty as defined in KRS 16.505 or 78.510, or dies as a result of a duty-related injury as defined in KRS 61.621, the surviving spouse shall supersede all previously designated principal or contingent beneficiaries, unless the deceased member files a valid beneficiary designation form with the retirement office after the date of marriage to the surviving spouse. (3) Prior to the first day of the month in which the member would have received his or her first retirement allowance, a monthly benefit payable for life shall not be offered if the beneficiary designated under subsection (1) of this section is more than one (1) person, the member’s estate, or a trust. (4) When a notification of retirement as provided by KRS 61.590 or a form to change beneficiaries as provided by subsection (5)(a) and (b) of this section has been filed at the retirement office: (a) The designation of beneficiary on the notification of retirement or beneficiary change form shall supersede the designation of all previous beneficiaries; (b) The beneficiary designated by the member on the member’s notification of retirement or beneficiary change form shall be one (1) person, the member’s estate, or a trust; and (c) If the death of the beneficiary named on the notification of retirement precedes the first day of the month in which the member receives his or her first retirement allowance, the member may designate another beneficiary on the member’s notification of retirement. (5) On or after the first day of the month in which the member receives his or her first retirement allowance, the member shall not have the right to change his or her beneficiary, except that: (a) A retired member receiving the monthly retirement allowance under the basic payment option, a period certain option as provided by KRS 61.635(5) to (7), or the Social Security adjustment option without survivor rights as provided by KRS 61.635(8)(a) may elect to change his or her beneficiary at any time by filing a beneficiary change form as prescribed by the board with the retirement office. This paragraph shall not authorize a retired member to change the payment option he or she selected upon retirement; (b) A retired member receiving a monthly retirement allowance who marries or remarries following retirement may make a one (1) time election within one hundred twenty (120) days of marriage or remarriage to provide monthly survivorship benefits to his or her new spouse by: 1. Designating his or her new spouse as beneficiary by filing a beneficiary change form as prescribed by the board with the retirement office; and 2. Selecting a new monthly retirement allowance option under one (1) of the survivorship options provided by KRS 61.635(2), (3), (4), and (8)(b). Any new survivorship payment option shall be actuarially equivalent to the monthly retirement allowance the retired member was receiving prior to the change and shall not impact any other benefits otherwise payable to an alternate payee under KRS 61.690; (c) The estate of the retired member becomes the beneficiary if the date of death of the beneficiary precedes or coincides with the date of death of the retired member, and the retired member had not elected a new beneficiary under this subsection; (d) The estate of the retired member becomes the beneficiary if the retired member had designated a person as beneficiary who was the spouse or who later married the member and they were divorced on the date of the retired member’s death, and the retired member had not elected a new beneficiary under this subsection. An ex-spouse who was the named beneficiary on the member’s notification of retirement shall be reinstated as the member’s beneficiary for the payment options provided by KRS 61.635(2), (3), (4), and (8)(b) if they are remarried to each other as of the date of the retired member’s death, and the retired member had not elected a new beneficiary under this subsection; (e) The estate of the member shall not receive monthly payments if the member selected one (1) of the payment options provided by KRS 61.635(2), (3), (4), and (8)(b); and (f) For purposes of this subsection, “basic payment option” means the lifetime monthly retirement allowance otherwise provided to the retired member under KRS 16.505 to 16.652, 61.510 to 61.705, or 78.510 to 78.852 that is not one (1) of the optional retirement plans provided under KRS 61.635. (6) Following cessation of membership as provided by KRS 61.535 or 78.540, no beneficiary designation in one (1) account shall be effective for any new retirement account established. If the member fails to designate a beneficiary for his or her new retirement account or if the beneficiary designation is determined to be void by the system, the member’s estate shall become the beneficiary.", 61,61.543,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Deduction or pick-up of employee contributions — Service credit — Educational leave.,"(1) (a) Employee contributions shall be deducted each payroll period from the creditable compensation of each employee of an agency participating in the retirement system while he is classified as regular full-time as defined in KRS 61.510 unless the employee did not elect to become a member as provided by subsection (2) of KRS 61.525 or is not eligible to participate in the system as provided by KRS 61.522. (b) After August 1, 1982, employee contributions shall be picked up by the employer pursuant to KRS 61.560(4). Service credit will be allowed for each month the contributions are deducted or picked up during a fiscal or calendar year, if the member receives creditable compensation for an average of one hundred (100) hours or more of work per month. If the average number of hours of work is less than one hundred (100) per month, the member shall be allowed credit only for those months he receives creditable compensation for one hundred (100) hours of work. (2) Employee contributions shall not be deducted from the creditable compensation of an employee or picked up by the employer while he is seasonal, emergency, temporary, or part-time. No service credit will be earned. (3) Contributions shall not be made or picked up by the employer and no service credit will be earned by a member while on leave except: (a) A member on military leave shall be entitled to service credit in accordance with KRS 61.552; (b) A member on educational leave, approved by the Personnel Cabinet, who is receiving seventy-five percent (75%) or more of full salary, shall receive service credit and shall pay employee contributions, or the contributions shall be picked up in accordance with KRS 61.560 and his employer shall pay employer contributions in accordance with KRS 61.565. If a tuition agreement is broken by the member, the member and employer contributions paid or picked up during the period of educational leave shall be refunded; and (c) An employee on educational leave, approved by the appointing authority, not to exceed one (1) year, or with additional approval of one (1) additional year, and not to exceed two (2) years within a five (5) year period, who is receiving a salary of less than seventy-five percent (75%) of full salary, may elect to retain membership in the system during the period of leave. If the employee elects to retain membership in the system, he shall receive service credit by having employee contributions picked up in accordance with KRS 61.560. His employer shall pay employer contributions in accordance with KRS 61.565. If a tuition agreement is broken by the member, the employee and employer contributions paid or picked up during the period of educational leave shall be refunded to the contributor and no service credit shall be earned for the period of leave. (4) The retirement office, upon detection, shall refund any erroneous employer and employee contributions made to the retirement system and any interest credited in accordance with KRS 61.575. (5) Notwithstanding the provisions of this section and KRS 61.560, employees engaged pursuant to KRS 148.026 and 56.491 in a regular full-time position as defined in KRS 61.510(21) prior to January 1, 1993, shall be allowed service credit for each month the employee received creditable compensation for an average of one hundred (100) or more hours of work, if the employee pays to the retirement system the contributions that would have been deducted for the period of employment. The contributions shall be credited to the member’s account and shall not be picked up pursuant to KRS 61.560(4). The employer contributions for the period, plus interest calculated at the actuarial rate, shall be due within thirty (30) days of notice of receipt of payment from the employee.", 61,61.545,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Service credit determination — Division of service credit.,"(1) The Authority shall determine by appropriate administrative regulations how much service in any year is the equivalent of a year of service credit and how much service in any calendar month is the equivalent of a month of service credit. It shall not allow credit for more than one (1) year of service for all service rendered in any period of twelve (12) consecutive months except as provided in KRS 61.546 in the case of the Kentucky Retirement Systems or KRS 78.616 in the case of the County Employees Retirement System. (2) (a) If an employee participates in more than one (1) of the retirement systems administered by the Kentucky Retirement Systems and County Employees Retirement System, the employee’s service credit shall be divided between each system determined by dividing the employee’s creditable compensation in each system by the employee’s total creditable compensation in all systems. (b) 1. If an employee earns creditable compensation in both a hazardous position, as defined by KRS 61.592 or KRS 78.5520, and a nonhazardous position, the employee’s service credit shall be divided between the employee’s hazardous and nonhazardous positions determined by dividing the employee’s creditable compensation in the hazardous and nonhazardous positions by the employee’s combined hazardous and nonhazardous creditable compensation, except as provided by subparagraph 2. of this paragraph. 2. If an employee is participating in a hazardous position, as defined by KRS 61.592, that meets the definition of a regular full-time position under KRS 61.510(21) or 78.510(21) based solely upon his or her service in a hazardous position, and is simultaneously employed in a nonhazardous position with a different participating employer that would not be considered a regular full-time position based solely upon his or her service in the nonhazardous position, the employee may make a one (1) time irrevocable election within thirty (30) days of employment in the nonhazardous position to not participate in the system for his or her employment in the nonhazardous position with that employer.", 61,61.546,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,"Sick leave for employees who began participating before January 1, 2014. [Declared void — See LRC Note Below]","(1) Except as otherwise provided by this section, any member of the Kentucky Employees Retirement System or the State Police Retirement System whose retirement date is July 14, 1984, or thereafter, shall receive credit for unused sick leave accrued while contributing to the retirement system from which the retirement benefit is to be paid in accordance with this section. (2) (a) Upon the member’s notification of retirement as prescribed in KRS 16.576 or 61.590, the employer shall certify the retiring member’s unused, accumulated sick leave balance to the system. (b) The member’s sick leave balance, expressed in days, shall be divided by the average number of working days per month in the state service and rounded to the nearest number of whole months. (c) Except as provided by subsections (3) and (4) of this section, the member’s sick leave balance, expressed in months, shall upon retirement be added to his service credit for the purpose of determining his annual retirement allowance under KRS 16.505 to 16.652 or 61.510 to 61.705 and for the purpose of determining whether the member is eligible to receive a retirement allowance under KRS 16.505 to 16.652 or 61.510 to 61.705. (3) For a member who begins participating in the Kentucky Employees Retirement System or the State Police Retirement System on or after September 1, 2008: (a) The member shall receive no more than twelve (12) months of service credit upon retirement for accumulated unused sick leave accrued while contributing to the retirement system or systems from which the retirement benefit is to be paid; (b) The service credited for accumulated unused sick leave as limited by this section and added to the member’s service credit shall be used for purposes of determining the member’s annual retirement allowance under KRS 16.505 to 16.652 and 61.510 to 61.705; and (c) The service credited for accumulated unused sick leave and added to the member’s service credit shall not be used to determine whether a member is eligible to receive a retirement allowance under any of the provisions of KRS 16.505 to 16.652 and 61.510 to 61.705 or to reduce any applicable actuarial reductions. (4) For a member who began participating in the Kentucky Employees Retirement System or the State Police Retirement System prior to September 1, 2008, who retires on or after July 1, 2023, the service credited for accumulated unused sick leave and added to the member’s service credit shall not be used to determine whether a member is eligible to receive a retirement allowance under any of the provisions of KRS 16.505 to 16.652 and 61.510 to 61.705 or to reduce any applicable actuarial reductions. (5) Notwithstanding any other provision of this section to the contrary, the value of any accumulated sick leave that is added to the member’s service credit in the Kentucky Employees Retirement System or the State Police Retirement System on or after July 1, 2010, shall be paid to the retirement system by the last participating Kentucky Employees Retirement System or State Police Retirement System employer based upon a formula adopted by the board. (6) The provisions of this section shall not apply to a participating agency whose employees are not employed by the Commonwealth until the agency certifies to the system that a sick leave program has been formally adopted and is universally administered within the agency, except that any agency participating in the Kentucky Employees Retirement System who has not adopted a sick leave program prior to August 1, 2018, shall not be eligible to adopt a sick leave program under this section. (7) This section shall not apply to members who begin participating in the systems administered by Kentucky Retirement Systems on or after January 1, 2014.", 61,61.547,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Transfer of annual and sick leave balances by employees.,"Any other statute to the contrary notwithstanding, the Executive Department of government shall accept from the Judicial and Legislative Departments of government, all accrued annual and sick leave balances and service credits of employees leaving such departments and accepting appointments to the Executive Department. These leave balances shall be attested to by the former employer of the employee and shall not exceed those limits established by statute or administrative regulation for employees of the Executive Department. This procedure shall be reversed for those employees leaving the Executive Department of government and accepting appointments to the Judicial and Legislative Departments.", 61,61.550,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Cessation of membership — Loss of allowance and benefits.,"When membership ceases, except in the case of retirement, the member shall thereafter lose all right to any retirement allowance or benefits under KRS 61.510 to 61.705 and 16.505 to 16.652 arising from service prior to the date of such cessation of membership.", 61,61.552,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Credit for service — Purchases and grants.,"(1) Called to Active Duty Military Service. An employee of an employer participating in the system who is called to active military duty in the Armed Forces of the United States shall be credited in accordance with 38 U.S.C. sec. 4318 with service credit, creditable compensation, and in the case of employees participating in the hybrid cash balance plan, employee contributions, employer credits, and interest credits, for a period of active military duty of up to six (6) years, provided: (a) The employee was called to active military duty in the Armed Forces of the United States: 1. After he or she began participating in the system and provided the employee was on leave of absence from the employer and did not withdraw his or her accumulated account balance; or 2. Prior to the date he or she began participating in the system and terminated employment with his or her employer; (b) The employee entered active military service within three (3) months of his or her last day of paid employment; (c) His or her discharge military service was terminated in a manner other than as described in 38 U.S.C. sec. 4304; and (d) He or she returns to work with an employer participating in the system within two (2) years after completion of the period of active military duty, or upon the subsequent termination of any total disability which existed at the expiration of the two (2) years after discharge. For periods of active military duty that meet the requirements of this subsection, the employer shall pay the employer contributions payable under KRS 61.565, 61.702, 78.5536, and 78.635. (2) (a) Omitted Service. Any person who is entitled to service credit for employment which was not reported by the employer in accordance with KRS 16.543, 61.543, or 78.615 may obtain credit for the service subject to the provisions of this subsection. (b) Provided the person pays for the omitted service with within six (6) months of notification by the system, the cost of the service shall be equal to the employee contributions that would have been paid if the person had been correctly reported in accordance with KRS 16.543, 61.543, or 78.615. (c) Any employee participating in one (1) of the state-administered retirement systems entitled to service credit under paragraph (a) of this subsection who has not repaid the employee contributions due within six (6) months of notification by the system may purchase the credit after the six (6) months by paying to the system the employee contributions plus interest at the actuarially assumed rate from the date of initial notification under paragraph (b) of this subsection. (d) Omitted service purchased under this subsection shall: 1. Be considered service credited under KRS 16.543(1), 61.543(1), or 78.615(1) for purposes of determining eligibility for retirement benefits under KRS 78.510 to 78.852; and 2. Not be credited to the member’s account until the employer contributions due and any interest or penalties on the delinquent employer contributions for the period of omitted service are received by the system. (e) Employees who begin participating on or after January 1, 2014, in the hybrid cash balance plan provided by KRS 16.583 or 61.597 or 78.5512 or 78.5516 shall, upon payment of the employee and employer contributions due under this subsection, have their accumulated account balance increased by the employee contributions, employer pay credits, and interest credits that would have been credited to their member’s account if the contributions had been paid on time. (f) Contributions payable by the employer under this subsection for omitted service shall be considered delinquent from the date the employee should have been reported and received service credit in accordance with KRS 16.543, 61.543, and 78.615. (3) (a) Recontribution of a Refund. Any employee participating in one (1) of the state-administered retirement systems who has been refunded his or her accumulated account balance under the provisions of KRS 61.625, thereby losing service credit in the system, may regain the credit by paying to the system the amount or amounts refunded by the system with interest at a rate determined by the board. Service purchased under this subsection on or after January 1, 2014, shall not be used to determine the member’s participation date in the systems. (b) Recontribution of a refund purchased under this subsection shall not be used in determining a retirement allowance until the member has accrued at least six (6) months of service credit in a state-administered retirement system, excluding the service purchased under this subsection. If the member does not accrue at least six (6) months of service credit in a state-administered retirement system, excluding service purchased under this subsection, then the payment plus interest as provided in KRS 16.560, 61.575, or 78.640 shall be refunded upon retirement, death, or written request following termination of employment. The service requirement shall be waived if the member dies or becomes disabled as provided for by KRS 16.582, 61.600, 61.621, 78.5522, or 78.5524. (4) (a) Summer Months. Any employee participating in one (1) of the state-administered retirement systems who is or has been employed by a school board or community action agency participating in the County Employees Retirement System or a state-operated school under KRS Chapter 167 or an institution of higher learning participating in the Kentucky Employees Retirement System, who receives service credit for less than twelve (12) months each year, may purchase the additional months of service credit needed to total one (1) year of service credit, except the amount purchased for any specific year shall not exceed three (3) months. (b) The cost of the summer months service credit shall be determined by the formula established by subsection (10) of this section and may be purchased by the employee, or the employer on behalf of the employee, or the cost may be paid by both the employer and employee in which case the employer and employee shall each pay fifty percent (50%) of the cost. Service credit shall not be credited to the member’s account until both the employer’s and employee’s payment are received by the system. (c) If the employee has purchased service credit under this subsection based on months reported by the employer for the fiscal year, and an audit of the employee’s account reduces the number of months of service credit for which the employee is eligible to no fewer than nine (9) months, the employee shall retain credit for the months purchased unless the employee is ineligible for any service in the fiscal year. The employee shall be eligible to purchase the additional months under this subsection to total one (1) year. (d) This subsection shall not apply to members who began participating in the County Employees Retirement System on or after January 1, 2014. (5)   Vested Service Purchases. Any employee who began participating in the County Employees Retirement System, the Kentucky Employees Retirement System, or the State Police Retirement System prior to January 1, 2014, who is vested may purchase service credit for: (a) Past service. “Past service” means periods of employment: 1. Between July 1, 1956, in the case of the Kentucky Employees Retirement System, or July 1, 1958, in the case of the County Employees Retirement System, and the effective date of participation by the employer; 2. Where the employee did not participate in the system due to the employee not electing to participate as provided in KRS 61.525(2) or 78.540(1); and 3. With a public agency that did not participate in the Kentucky Employees Retirement System but would have been eligible to participate under KRS 61.520 or a political subdivision that did not participate in the County Employees Retirement System but would have been eligible to participate under KRS 78.530, provided the public agency or political subdivision has merged with or been taken over by a participating employer; (b) State university service, provided the university does not participate in a state-administered retirement system and the university service being purchased was in a nonteaching position that did not participate in a defined benefit retirement program; (c) 1. Up to ten (10) years of out-of-state service. “Out-of-state” means service credited to a state or local government-administered public defined benefit plan in another state that is not a defined benefit plan for teachers. 2. Up to ten (10) years of out-of-state hazardous service. “Out-of-state hazardous service” means service in a regular full-time position that was credited to a defined benefit retirement plan administered by a state or local government in another state, if the service could be certified as hazardous pursuant to KRS 61.592 or 78.5520, as applicable. The employee may purchase out-of-state hazardous service under this subparagraph provided the employee is vested to receive benefits from the State Police Retirement System or hazardous duty benefits from the Kentucky Employees Retirement System or the County Employees Retirement System. The employee must purchase out-of-state service or out-of-state hazardous service in the system in which he or she is vested based solely upon the service in that system; (d) Active military duty, which means periods of active military duty in the Armed Forces of the United States, provided: 1. The employee’s military service was terminated in a manner other than as described in 38 U.S.C. sec. 4304; and 2. The service has not been credited as free military service under subsection (1) of this section; (e) National Guard service. An employee may purchase one (1) month of service for each six (6) months of service in the National Guard or the military reserves of the United States. The service shall be treated as service earned prior to participation in the system; (f) Federal service. “Federal service” means service with the United States government, that is not service in the Armed Forces; (g) Seasonal, emergency, interim, probationary, or temporary employment or part-time employment as provided by KRS 61.510(21) or 78.510(21) averaging one hundred (100) or more hours of work per month on a calendar or fiscal year basis. If the average number of hours of work is less than one hundred (100) per month, the member may purchase credit for only those months he or she receives creditable compensation for one hundred (100) hours of work; (h) Part-time employment in a noncertified position at a school board prior to the 1990-91 school year which averaged eighty (80) or more hours of work per month on a calendar or fiscal year basis. If the average number of hours of work is less than eighty (80) per month, the noncertified employee of a school board shall be allowed to purchase credit only for those months he or she receives creditable compensation for eighty (80) hours of work; (i) Any period of: 1. Authorized maternity leave without pay or sick leave without pay; 2. Unpaid leave authorized under the federal Family and Medical Leave Act; 3. Approved educational leave; and 4. Agency-approved leave to work for a work-related labor organization if the agency subsequently participated in the County Employees Retirement System, but only if the board receives a favorable private letter ruling from the United States Internal Revenue Service or a favorable opinion letter from the United States Department of Labor; (j) Non-participating employer service, which means periods of employment with the following types of agencies provided the agency does not participate in a state-administered retirement system: 1. A regional community services program for mental health organized and operated under the provisions of KRS 210.370 to 210.480; 2. A community action agency created under KRS 273.405 to 273.453. The service provided by this subparagraph shall be purchased in the County Employees Retirement System; 3. An area development district created pursuant to KRS 147A.050; or 4. A business development corporation created pursuant to KRS 155.001 to 155.230, provided the system receives a favorable private letter ruling from the United States Internal Revenue Service or a favorable opinion letter from the United States Department of Labor; (k) Urban-county government service, which means employment in an urban-county government position that would qualify for hazardous duty coverage under KRS 61.592 or 78.5520. The provisions of this paragraph shall only be applicable to vested members participating in the State Police Retirement System or in a hazardous position in the Kentucky Employees Retirement System or the County Employees Retirement System; (l) Periods of service as assistants to officers and employees of the General Assembly for persons who were unable to acquire service under KRS 61.510(20) for service performed after January 1, 1960; (m) Service as a volunteer in the Kentucky Peace Corps, created by KRS 154.1-720; and (n) Employment with a vocational technical school in a noncertified part-time position averaging eighty (80) or more hours per month, determined by using the number of months actually worked within a calendar or fiscal year. The service provided by this paragraph shall be purchased in the Kentucky Employees Retirement System. (6)   Non-qualified service. Provided the employee’s participation date in the system is prior to July 15, 2002, and provided the employee has total service in all state-administered retirement systems of at least one hundred eighty (180) months of service credit, the employee may purchase a combined maximum total of five (5) years of service credit, known as non-qualified service, which is not otherwise purchasable under any of the provisions of KRS 16.505 to 16.652, 61.510 to 61.705, or 78.510 to 78.852. The service purchased under this paragraph shall not be used in determining a retirement allowance until the member has accrued at least two hundred forty (240) months of service, excluding service purchased under this subsection. If the member does not accrue at least two hundred forty (240) months of service, excluding service purchased under this subsection, upon retirement, death, or written request following termination, the payment, plus interest as provided in KRS 16.560, 61.575, or 78.640, as applicable, shall be refunded. (7) For purposes of service purchased under subsections (2) to (6) of this section: (a) Except for subsection (6) of this section, the service must qualify as regular full-time as provided by KRS 61.510 and 78.510; (b) No service credit may be purchased for periods already credited to the system or another public defined benefit retirement fund, including non-qualified service purchased in another state-administered retirement system; (c) Except as provided by paragraph (a)2.a. of subsection (9) of this section, the employee payment for service purchases shall not be picked up, as described in KRS 16.545(4), 61.560(4), or 78.610(4), by the employer; (d) Except for service purchased under subsection (2) or (3) of this section, service purchases made pursuant to this section may be purchased by the entire amount of service available or by increments. Service purchases made pursuant to subsections (2) and (3) of this section shall only be purchased by the entire amount of service available; and (e) Service purchases as provided by subsections (5)(b), (5)(d) to (f), (5)(j)1., and (6) of this section may be purchased in any system in which the member has service credit. (8) (a) Employer purchase of past service. Any employer participating in the system may purchase service credit, between July 1, 1956, in the case of the Kentucky Employees Retirement System, or July 1, 1958, in the case of the County Employees Retirement System, and the participation date of the employer, for present employees of the county or department who have elected coverage under KRS 61.525(2) or 78.540(1), provided the employee began participating in the system prior to January 1, 2014. (b) A Kentucky Employees Retirement System employer shall pay the cost of the service credit within the fiscal year the election is made to purchase the service credit. A County Employees Retirement System employer may purchase the service, with interest at the rate actuarially assumed by the board, over a period not to exceed ten (10) years. (c) If an employer elects to purchase service under the provisions of this subsection, any present employee who would be eligible to receive service credit under the provisions of this subsection and has purchased service credit under subsection (5)(a) of this section shall have his or her payment for the service credit refunded with interest at the rate paid under KRS 61.575 or 78.640; and (d) Any payments made by an employer under this subsection shall be deposited to the retirement allowance account of the system and these funds shall not be considered accumulated contributions of the individual members. (9) (a) An employee participating in the system may purchase service credit under any of the provisions of KRS 16.505 to 16.652, 61.510 to 61.705, or 78.510 to 78.852 for which he or she is eligible to purchase, or as otherwise required by 38 U.S.C. ch. 43, by: 1. Making a lump-sum payment on a before-tax basis as provided in subparagraph 3. of this paragraph, or on an after-tax basis if the employee is purchasing service credit under subsection (1) or (3) of this section, service available pursuant to 38 U.S.C. ch. 43 not otherwise provided for in this section, or grandfathered service as defined in paragraph (b) of this subsection; 2. Entering into an agreement to purchase service credit through an installment purchase of service agreement with the systems as provided by paragraph (c) of this subsection: a. On a before-tax basis in which the service is purchased pursuant to the employer pick-up provisions in 26 U.S.C. sec. 414(h)(2); or b. On an after-tax basis if the employee is purchasing service credit under subsection (1) or (3) of this section, service available pursuant to 38 U.S.C. ch. 43 not otherwise provided for in this section, or grandfathered service as defined in paragraph (b) of this subsection; or 3. Transferring funds to the system through a direct trustee-to-trustee transfer as permitted under the applicable sections of the Internal Revenue Code and any regulations or rulings issued thereunder, through a direct rollover as contemplated by and permitted under 26 U.S.C. sec. 401(a)(31) and any regulations or rulings issued thereunder, or through a rollover of funds pursuant to and permitted under the rules specified in 26 U.S.C. secs. 402(c) and 408(d)(3). The system shall accept the transfer or rollover to the extent permitted under the rules specified in the applicable provisions of the Internal Revenue Code and any regulations and rulings issued thereunder. (b) For purposes of this subsection, “grandfathered service” means service purchases for which a member, whose membership date in the system is prior to July 1, 1999, is eligible to purchase under KRS 16.505 to 16.652, 61.510 to 61.705, or 78.510 to 78.852, that were available for all members of the system to purchase on August 5, 1997. (c) 1. For service purchased under a before-tax or after-tax installment purchase of service agreement as provided by paragraph (a)2. of this subsection, the cost of the service shall be computed in the same manner as for a lump-sum payment which shall be the principal, except that interest compounded annually at the actuarial rate in effect at the time the member elects to make the purchase shall be added for the period that the installments are to be made. 2. Multiple service purchases may be combined under a single installment agreement, except that no employee may make more than one (1) installment purchase at the same time. 3. For after-tax installment purchase of service agreements, the employee may elect to stop the installment payments by notifying the system; may have the installment purchase recalculated to add one (1) or more additional service purchases; or may pay by lump sum the remaining principal or a portion of the remaining principal. 4. Before-tax installment purchase of service agreements shall be irrevocable, and the employee shall not be able to stop installment payments or to pay off the remaining balance of the purchase of service agreement, except upon termination of employment or death. 5. One (1) year of installment payments shall be made for each one thousand dollars ($1,000) or any part thereof of the total cost, except that the total period allowed for installments shall not be less than one (1) year and shall not exceed five (5) years. 6. The employee shall pay the installments by payroll deduction for after-tax purchase of service agreements, and the employer shall pick up installments for before-tax purchase of service agreements. Upon notification by the system, the employer shall report the installment payments monthly continuously over each twelve (12) month period at the same time as, but separate from, regular employee contributions on the forms or by the computer format specified by the board. 7. The system shall determine how much of the total cost represents payment for one (1) month of the service to be purchased and shall credit one (1) month of service to the member’s account each time this amount has been paid. The first service credited shall represent the first calendar month of the service to be purchased and each succeeding month of service credit shall represent the succeeding months of that service. 8. If the employee utilizing an installment purchase of service agreement dies, retires, does not continue employment in a position required to participate in the system, or elects to stop an after-tax installment purchase of service agreement, the member, or in the case of death, the beneficiary, shall have sixty (60) days to pay the remaining principal or a portion of the remaining principal of the installment purchase of service agreement by lump sum, subject to the restrictions of paragraph (a)1. of this subsection, or by transfer of funds under paragraph (a)3. of this subsection, except that payment by the member shall be filed with the system prior to the member’s effective retirement date. If the member or beneficiary does not pay the remaining cost, the system shall refund to the member or the beneficiary the payment, payments, or portion of a payment that does not represent a full month of service purchased, except as provided by subsection (6) of this section. 9. If the employer does not report installment payments on an employee for sixty (60) days for an after-tax installment purchase of service agreement, except in the case of employees on military leave or sick leave without pay, the installment purchase shall cease and the system shall refund to the employee the payment, payments, or portion of a payment that does not represent a full month of service purchased. 10. Installment payments of employees on military leave or sick leave without pay shall be suspended during the period of leave and shall resume without recalculation upon the employee’s return from leave. 11. If payments have ceased under subparagraph 8. or 9. of this paragraph and the member later becomes a participating employee in the County Employees Retirement System, Kentucky Employees Retirement System, or State Police Retirement System, the employee may complete the adjusted original installment purchase by lump sum or installment payments, subject to the restrictions of this subsection. If the employee elects to renew the installment purchase, the cost of the remaining service shall be recalculated in accordance with subsection (10) of this section. (d) Member payments, including interest, properly received pursuant to this subsection, shall be deposited to the member’s account and considered as accumulated contributions of the individual member. (10) (a) The cost of purchasing service credit under any provision of this section, except as provided by subsections (1) to (3) of this section, shall be determined by multiplying the higher of the employee’s current rate of pay, final rate of pay, or final compensation as of the end of the month in which the purchase is made times the actuarial factor times the number of years of service being purchased. The actuarial factor used to determine the cost of purchasing service credit shall assume the earliest date the member may retire without a reduction in benefits and the cost-of-living adjustments provided to members upon retirement. (b) Service purchased on or after August 1, 2004, under the provisions of KRS 16.505 to 16.652, 61.510 to 61.705, or 78.510 to 78.852, except for service purchased under subsections (1) to (3) of this section or service purchased as described by paragraph (d) of this subsection, shall not be used to determine eligibility for or the amount of the monthly insurance contribution under KRS 61.702 or 78.5536. (c) For a member whose participation begins on or after August 1, 2004, service purchased under the provisions of KRS 16.505 to 16.652, 61.510 to 61.705, or 78.510 to 78.852, except for service purchased under subsections (1) to (3) of this section or service purchased as described by paragraph (d) of this subsection: 1. Shall not be used to determine eligibility for a retirement allowance under disability retirement, early retirement, normal retirement, or upon death of the member under any of the provisions of KRS 16.505 to 16.652, 61.510 to 61.705, or 78.510 to 78.852; and 2. Shall only be used to determine the amount of the retirement allowance of a member who is eligible for a retirement allowance under disability, early retirement, normal retirement, or upon death of the member under any of the provisions of KRS 16.505 to 16.652, 61.510 to 61.705, or 78.510 to 78.852, based on service earned as a participating employee. (d) Paragraphs (b) and (c) of this subsection shall not apply to a member who was bound by an educational contract as a conditional employee to the state of Kentucky prior to December 31, 2003, regardless of participation date or membership date in the system. Educational leave, seasonal service, or any other qualified service purchased by a member with this classification under this section shall be used to determine eligibility for benefits, membership dates or participation dates, and the amount of benefit for: 1. A retirement allowance under disability retirement, early retirement, normal retirement, or death under any of the provisions of KRS 16.505 to 16.652, 61.510 to 61.705, and 78.510 to 78.852; and 2. The monthly insurance contribution under KRS 61.702 or 78.5536.", 61,61.5525,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Method for determining purchase of service credit — Exceptions. [Repealed],, 61,61.553,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Service credit — Police.,"A Kentucky Employees Retirement System member’s work performed in the Department of Kentucky State Police or its predecessor agency, the State Highway Patrol, prior to July 1, 1956, shall be creditable as prior service in the Kentucky Employees Retirement System if the member has not received prior service credit in the State Police Retirement System for such period of work. The purpose of this section is to grant prior service credit to state employees who cannot obtain such credit under the State Police Retirement System because of the maximum State Police employment age established by KRS 16.520.", 61,61.554,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Persons employed by Legislative Research Commission for six legislative bienniums may purchase credit in Kentucky Employees Retirement System. [Repealed.],, 61,61.555,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,"Service credit, creditable compensation, and other credits for military service. [Repealed]",, 61,61.557,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Service credit — United States employment service.,"(1) Inasmuch as the takeover of the Kentucky State Employment Service by the federal government, through its United States Employment Service and War Manpower Commission, was recognized by both federal and state governments as a temporary measure during the war emergency, and the employment service was, in fact, returned to the state government at the close of the emergency period, the employees of the service are recognized as employees of the Commonwealth for the purposes of KRS 61.510 to 61.692 during the period of control by the federal government, in the same manner as if they had been employed in another department of the government of the Commonwealth during that period. (2) If a parted employer rejoins a department as a result of the cancellation of a contract or lease arrangement, thereby causing each employee thereof to again become an employee as defined in KRS 61.510(5), the system may negotiate with the publicly held corporation or other similar organizations for payment for the years of service credit under the system for all employees working on the date the contract or other lease arrangement is canceled in order to avoid an impairment in the retirement benefits of the employees, if any payment accepted by the system for the service is consistent with the provisions of KRS 61.552(7)(b) and (8). No payment made pursuant to this section shall be picked up by the employer, as described in KRS 61.560(4).", 61,61.558,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Service credit for other public employment by delayed contribution payment — Recalculation of benefits for retirees. [Repealed.],, 61,61.559,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,"Service required for retirement allowance of members who began participating before January 1, 2014.","(1) In lieu of any other benefits due under KRS 61.510 to 61.705, a member who begins participating before September 1, 2008, who has attained the age of sixty-five (65) and who has obtained at least one (1) month of service credit but no more than forty-seven (47) months of service may elect to receive an annual retirement allowance payable monthly or less frequently, as determined by the board, which shall be determined by multiplying his accumulated contributions by two (2) and converting this amount to an annual retirement allowance based on an annuity rate adopted by the board which would pay the actuarial equivalent of twice his accumulated contributions over the lifetime of the retired member. (2) A member who begins participating before September 1, 2008, who is sixty-five (65) years of age or older is eligible for a retirement allowance determined under KRS 61.595 provided such member has forty-eight (48) months of service, at least twelve (12) of which are current service, or a retirement allowance determined under KRS 61.595 prior to age sixty-five (65) provided: (a) The member has attained age fifty-five (55) and has service of sixty (60) months at least twelve (12) of which are current service; or (b) The member is a retired member of the State Police Retirement System, has attained age fifty-five (55), and has service of forty-eight (48) months at least twelve (12) of which are current service; or (c) The member is less than age fifty-five (55) and has twenty-five (25) or more years of service, at least fifteen (15) of which are current service; or (d) The member has thirty (30) or more years of service at least fifteen (15) of which are current service, or the member of the Kentucky Employees Retirement System has twenty-seven (27) or more years of service, at least fifteen (15) of which are current service; or (e) The member of the Kentucky Employees Retirement System has, at least, twenty-six (26) years of service credit, at least sixteen (16) of which are current consecutive years of service as a cabinet secretary or administrative head of one (1) of the three (3) branches of government; or (f) The member has attained age fifty-five (55) and was an employee of a parted employer at the time his employer became ineligible to continue participation in the system, and his service in the system when added to his service with the parted employer subsequent to his separation from state government equals the early retirement service eligibility requirement of the system on the date his employer became ineligible to continue participation in the system. (3) A member who begins participating on or after September 1, 2008, but prior to January 1, 2014, is eligible for a retirement allowance determined under KRS 61.595 if: (a) The member is sixty-five (65) years of age or older and has at least five (5) years of service credited under KRS 16.543(1), 61.543(1), or another state-administered retirement system; (b) The member is fifty-seven (57) years of age or older and has an age and years of service total of at least eighty-seven (87) years. The years of service used to determine eligibility for a retirement allowance under this paragraph shall only include years of service credited under KRS 16.543(1), 61.543(1), or another state-administered retirement system; or (c) The member is sixty (60) years of age or older and has at least ten (10) years of service credited under KRS 16.543(1), 61.543(1), or another state-administered retirement system. 61.543(1), or (4) Subsections (1) to (3) of this section shall not apply to members who begin participating in the system on or after January 1, 2014. Members who begin participating in the system on or after January 1, 2014, shall receive the retirement benefits prescribed by KRS 61.597.", 61,61.560,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Employee’s contribution — Rate — Picked-up employee contributions.,"(1) Each employee shall, commencing on August 1, 1986, contribute for each pay period for which he receives compensation five percent (5%) of his creditable compensation, except that members of the General Assembly, who elect the survivorship option provided in KRS 61.635(13), shall each contribute six and six-tenths percent (6.6%) of creditable compensation commencing with the payroll period immediately following his election of the option. Any other provisions of KRS 61.515 to 61.705 notwithstanding, any reemployed retiree, as described in KRS 61.637, who became reemployed prior to September 1, 2008, and began participating in another retirement account shall contribute five percent (5%) of his creditable compensation, or the amount required by KRS 61.592(3) if applicable. (2) Each employer shall cause to be deducted from the creditable compensation of each employee for each and every payroll period the contribution payable by each such employee as provided in KRS 61.515 to 61.705. (3) The deductions provided for herein shall be made notwithstanding that the minimum compensation provided by law for any employee shall be reduced thereby. Every employee shall be deemed to consent and agree to the deductions made as provided herein; and payment of salary or compensation less such deductions shall be a full and complete discharge of all claims for services rendered by such person during the period covered by such payment, except as to any benefits provided by KRS 61.515 to 61.705. (4) Each employer shall, solely for the purpose of compliance with Section 414(h) of the United States Internal Revenue Code, pick up the employee contributions required by this section for all compensation earned after August 1, 1982, and the contributions so picked up shall be treated as employer contributions in determining tax treatment under the United States Internal Revenue Code and KRS 141.010. These contributions shall not be included as gross income of the employee until such time as the contributions are distributed or made available to the employee. The picked-up employee contribution shall satisfy all obligations to the retirement system satisfied prior to August 1, 1982, by the employee contribution, and the picked-up employee contribution shall be in lieu of an employee contribution. Each employer shall pay these picked-up employee contributions from the same source of funds which is used to pay earnings to the employee. The employee shall have no option to receive the contributed amounts directly instead of having them paid by the employer to the system. Employee contributions picked up after August 1, 1982, shall be treated for all purposes of KRS 61.515 to 61.705 in the same manner and to the same extent as employee contributions made prior to August 1, 1982. (5) The provisions of this section shall not apply to individuals who are not eligible for membership as provided by KRS 61.522.", 61,61.565,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,"Employer’s contributions — Computation of normal cost contribution and accrued liability — Contribution — Notification of change in employer contribution rate — Employers to pay full contribution. [Effective until April 1, 2023]","(1) (a) Each employer participating in the State Police Retirement System as provided for in KRS 16.505 to 16.652 and the Kentucky Employees Retirement System as provided for in KRS 61.510 to 61.705 shall contribute annually to the respective retirement system an amount determined by the actuarial valuation completed in accordance with KRS 61.670 and as specified by this section. Employer contributions for each respective retirement system shall be equal to the sum of the “normal cost contribution” and the “actuarially accrued liability contribution.” (b) For purposes of this section, the normal cost contribution shall be computed as a percentage of pay and shall be an annual amount that is sufficient when combined with employee contributions to fund benefits earned during the year in the respective system. The amount shall be: 1. Paid as a percentage of creditable compensation reported for each employee participating in the system and accruing benefits; and 2. The same percentage of pay for all employees who are participating in the same retirement system, except that separate percentage rates shall be developed in each system for those employers whose employees are participating in hazardous duty retirement coverage as provided by KRS 61.592. (c) For purposes of this section, the actuarially accrued liability contribution for all employers, except for contributions paid by nonhazardous employers in the Kentucky Employees Retirement System on or after July 1, 2021, shall be: 1. Computed by amortizing the total unfunded actuarially accrued liability of each system over a closed period of thirty (30) years beginning with the 2019 actuarial valuation using the level percentage of payroll amortization method, except that any increase or decrease in the unfunded actuarially accrued liability occurring after the completion of the 2019 actuarial valuation shall be amortized over a closed period of twenty (20) years beginning with the actuarial valuation in which the increase or decrease in the unfunded actuarially accrued liability is recognized. An increase or decrease in the unfunded actuarially accrued liability may result from, but not be limited to, legislative changes to benefits, changes in actuarial methods or assumptions, or actuarial gains or losses; 2. Paid as a percentage of payroll on the creditable compensation reported for each employee participating in the system and accruing benefits; and 3. The same percentage of pay for all employees who are participating in the same retirement system, except that separate percentage rates shall be developed in each system for those employers whose employees are participating in hazardous duty retirement coverage as provided by KRS 61.592. (d) 1. For purposes of this section, the actuarially accrued liability contribution for nonhazardous employers in the Kentucky Employees Retirement System on or after July 1, 2021: a. Shall be an annual dollar amount that is sufficient to amortize the total unfunded actuarially accrued liability of the system over a closed period of thirty (30) years beginning with the 2019 actuarial valuation using the level percentage of payroll amortization method, except that any increase or decrease in the unfunded actuarially accrued liability occurring after the completion of the 2019 actuarial valuation shall be amortized over a closed period of twenty (20) years beginning with the actuarial valuation in which the increase or decrease in the unfunded actuarially accrued liability is recognized. An increase or decrease in the unfunded actuarially accrued liability may result from but not be limited to legislative changes to benefits, changes in actuarial methods or assumptions, or actuarial gains or losses; b. Shall be prorated to each individual nonhazardous employer in the Kentucky Employees Retirement System by multiplying the annual dollar amount of the actuarially accrued liability contribution for the system as determined by subdivision a. of this subparagraph by the individual employer’s percentage of the system’s total actuarially accrued liability as of the June 30, 2019, actuarial valuation which shall be determined solely by the system’s consulting actuary and assigned to each employer based upon the last participating employer of the member or retiree as of June 30, 2019. The individual employer’s percentage of the system’s total actuarially accrued liability as of the June 30, 2019, actuarial valuation shall be used to determine the individual employer’s prorated dollar amount of the system’s actuarially accrued liability contribution in all future fiscal years of the amortization period or periods, except that the employer’s percentage shall be adjusted to reflect any employer who voluntarily or involuntarily ceases participation as provided by KRS 61.522 and except as provided by subparagraphs 4. and 5. of this paragraph. For purposes of this subdivision, all executive branch departments, program cabinets and their respective departments, and administrative bodies enumerated in KRS 12.020, and any other executive branch agencies administratively attached to a department, program cabinet, or administrative body enumerated in KRS 12.020, shall be considered a single individual employer and only one (1) value shall be computed for these executive branch employers. For purposes of this subdivision, all employers of the legislative branch, including the Legislative Research Commission and the General Assembly that covers legislators and staff who participate in the Kentucky Employees Retirement System, shall be considered a single individual employer and only one (1) value shall be computed for these employers. For purposes of this subdivision, all employers of the judicial branch, including the Administrative Office of the Courts, the Judicial Form Retirement System, and all master commissioners, shall be considered a single individual employer and only one (1) value shall be computed for these employers. Upon request by any nonhazardous employer covered by this paragraph, the system shall, within ninety (90) days of the employer’s request, provide the requesting employer with any: i. Identifying, demographic, financial, or any other information that was provided to the system’s actuary to determine the employer’s share of the system’s total actuarially accrued liability, including individual data provided to the actuary on each member, retiree, or recipient whose cost was assigned to the employer. The data shall also include identifying information that will allow the employer to match its records to the members, retirees, and recipients that resulted in the cost that has been assigned to the employer; and ii. Calculations produced by the actuary on each member, retiree, or recipient during the completion of the valuation that resulted in the cost assigned to the employer under this paragraph. The data shall include identifying information that will allow the employer to match its records to the members, retirees, and recipients that resulted in the cost that has been assigned to the employer; c. Shall be payable by an individual employer in equal monthly dollar installments during the fiscal year in accordance with the reporting requirements specified by KRS 61.675 so that the individual employer pays its full prorated dollar amount of the actuarially accrued liability contribution as determined by subdivision b. of this subparagraph; and d. Notwithstanding subdivision b. of this subparagraph for those individual participating employers who are local and district health departments governed by KRS Chapter 212, community mental health centers, and employers whose employees are not subject to KRS 18A.005 to 18A.200, who received or were eligible to receive a distribution of general fund appropriations in the 2018-2020 biennial executive branch budget to assist in paying retirement costs under 2018 Ky. Acts ch. 169, Part I, G., 4., (5); 2018 Ky. Acts ch. 169, Part I, G., 5., (2); or 2018 Ky. Acts ch. 169, Part I, G., 9., (2), shall not, once the initial dollar amounts are established in accordance with this paragraph, be adjusted in terms of dollars paid by the individual employer, except that adjustments shall be made by the system upon completion of an actuarial investigation as provided by KRS 61.670, so long as at least four (4) years have passed since the last adjustment to the actuarially accrued liability contribution for these employers. The provisions of this subdivision shall not be interpreted to mean that employers described by this subdivision may continue paying the dollar value of contributions or employer contribution rates established or paid by the employer in budget periods occurring prior to July 1, 2021. 2. Individual employers, solely for purposes of collecting employer contributions from various fund sources during the fiscal year, may convert the actuarially accrued liability contribution established by this paragraph to a percentage of pay and may adjust the percent of pay during the fiscal year in order to pay the required dollar value of actuarially accrued liability contribution required by this paragraph. No provision of this subparagraph shall be construed to reduce an individual employer’s actuarially accrued liability contribution as otherwise provided by this paragraph. 3. The provisions of this paragraph shall not apply to those employers who cease participation as provided by KRS 61.522. 4. In the event an individual Kentucky Employees Retirement System nonhazardous employer who is required to pay an actuarially accrued liability contribution as provided by this paragraph and as calculated from the 2019 actuarial valuation or subsequent valuations, merges with another employer or entity, forms a new or separate employer or entity, or splits or separates operations into multiple employers or entities, the system shall, except for those employers or entities who pay the costs to cease participation as provided by KRS 61.522, have full authority to assign a portion or all of the total actuarially accrued liability contribution to the merged, new, split, or separate employers or entities, regardless of whether or not the merged, new, split, or separate employers or entities participate in the system. In the case of a district health department established pursuant to KRS Chapter 212, which ceases to operate or which has a county or counties that withdraw from the district health department, the systems shall assign the total actuarially accrued liability contribution based upon the proportion of taxable property of each county as certified by the Department for Public Health in the Cabinet for Health and Family Services in accordance with KRS 212.132. The system shall establish by administrative regulations the process of assigning actuarially accrued liability contributions as authorized by this subparagraph. 5. a. An employer who is not in the executive, legislative, or judicial branch of Kentucky state government as enumerated in subparagraph 1.b. of this paragraph may on or before July 1, 2021, appeal to the board regarding any current or former employees or retirees the employer believes should not be used to determine the employer’s percentage of the system’s total actuarially accrued liability. The only appeals that shall be submitted by the employer or considered by the board shall be potential errors where the last participating employer is in dispute, situations where employees of the employer were hired through a contract between the executive branch and the employer for the employee to provide services to the executive branch, or situations where a community mental health center was contracted to provide services at a facility previously operated by the executive branch. The employer shall submit the information required by the board to verify potential errors or contract employees with employers. b. The board shall review and issue a final determination regarding any appeals by December 31, 2021. In situations where the board determines the last participating employer was incorrect and should be assigned to another employer, the system shall, effective for employer contributions payable on or after July 1, 2022, assign the cost to the executive branch until such time ownership of the liability can be determined and assigned to the correct employer. In situations where the board determines certain employees of employers were hired through a contract between the executive branch and the employer for an employee or employees to provide services to the executive branch, those liabilities shall, effective for employer contributions payable on or after July 1, 2022, be assigned to the executive branch. In situations where the board determines the community mental health center was contracted to provide services at a facility previously operated by the executive branch, the liabilities for employees providing services at that facility shall, effective for employer contributions payable on or after July 1, 2022, be assigned to the executive branch. c. No appeal shall be submitted by the employer or considered by the board regarding the assumptions or methodology used by the actuary to determine a particular employer’s percentage of the system’s total actuarially accrued liability or the use of the last participating employer to assign liabilities to an employer, except as otherwise provided by this subparagraph. d. The board shall within thirty (30) days following the final determinations submit to the Public Pension Oversight Board the list of appeals that were approved, the number of employees involved, and any costs that will be transferred to the executive branch effective July 1, 2022. (e) The employer contributions computed under this section shall be determined using: 1. The entry age normal cost funding method; 2. An asset smoothing method that smooths investment gains and losses over a five (5) year period; and 3. Other funding methods and assumptions established by the board in accordance with KRS 61.670. (2) (a) Except as limited by subsection (1)(d)1.d. of this section as it relates to the Kentucky Employees Retirement System, normal cost contribution rates and the actuarially accrued liability contribution shall be determined by the board on the basis of the annual actuarial valuation last preceding the July 1 of a new biennium. (b) The board shall not have the authority to amend contribution rates as of July 1 of the second year of the biennium for the Kentucky Employees Retirement System and the State Police Retirement System. (3) The system shall advise each employer prior to July 1 of any change in the employer contribution rate. Based on the employer contribution rate, each employer shall include in the budget sufficient funds to pay the employer contributions as determined by the board under this section. (4) All employers, including the General Assembly, shall pay the full actuarially required contributions, as prescribed by this section, to the Kentucky Employees Retirement System and the State Police Retirement System in fiscal years occurring on or after July 1, 2020.", 61,61.565,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,"Employer’s contributions — Computation of normal cost contribution and accrued liability — Contribution — Notification of change in employer contribution rate — Costs for employer pay credits — Employers to pay full contribution. [Effective April 1, 2023]","(1) (a) Each employer participating in the State Police Retirement System as provided for in KRS 16.505 to 16.652 and the Kentucky Employees Retirement System as provided for in KRS 61.510 to 61.705 shall contribute annually to the respective retirement system an amount determined by the actuarial valuation completed in accordance with KRS 61.670 and as specified by this section. Employer contributions for each respective retirement system shall be equal to the sum of the “normal cost contribution” and the “actuarially accrued liability contribution.” (b) For purposes of this section, the normal cost contribution shall be computed as a percentage of pay and shall be an annual amount that is sufficient when combined with employee contributions to fund benefits earned during the year in the respective system. The amount shall be: 1. Paid as a percentage of creditable compensation reported for each employee participating in the system and accruing benefits; and 2. The same percentage of pay for all employees who are participating in the same retirement system, except that separate percentage rates shall be developed in each system for those employers whose employees are participating in hazardous duty retirement coverage as provided by KRS 61.592. (c) For purposes of this section, the actuarially accrued liability contribution for all employers, except for contributions paid by nonhazardous employers in the Kentucky Employees Retirement System on or after July 1, 2021, shall be: 1. Computed by amortizing the total unfunded actuarially accrued liability of each system over a closed period of thirty (30) years beginning with the 2019 actuarial valuation using the level percentage of payroll amortization method, except that any increase or decrease in the unfunded actuarially accrued liability occurring after the completion of the 2019 actuarial valuation shall be amortized over a closed period of twenty (20) years beginning with the actuarial valuation in which the increase or decrease in the unfunded actuarially accrued liability is recognized. An increase or decrease in the unfunded actuarially accrued liability may result from, but not be limited to, legislative changes to benefits, changes in actuarial methods or assumptions, or actuarial gains or losses; 2. Paid as a percentage of payroll on the creditable compensation reported for each employee participating in the system and accruing benefits; and 3. The same percentage of pay for all employees who are participating in the same retirement system, except that separate percentage rates shall be developed in each system for those employers whose employees are participating in hazardous duty retirement coverage as provided by KRS 61.592. (d) 1. For purposes of this section, the actuarially accrued liability contribution for nonhazardous employers in the Kentucky Employees Retirement System on or after July 1, 2021: a. Shall be an annual dollar amount that is sufficient to amortize the total unfunded actuarially accrued liability of the system over a closed period of thirty (30) years beginning with the 2019 actuarial valuation using the level percentage of payroll amortization method, except that any increase or decrease in the unfunded actuarially accrued liability occurring after the completion of the 2019 actuarial valuation shall be amortized over a closed period of twenty (20) years beginning with the actuarial valuation in which the increase or decrease in the unfunded actuarially accrued liability is recognized. An increase or decrease in the unfunded actuarially accrued liability may result from but not be limited to legislative changes to benefits, changes in actuarial methods or assumptions, or actuarial gains or losses; b. Shall be prorated to each individual nonhazardous employer in the Kentucky Employees Retirement System by multiplying the annual dollar amount of the actuarially accrued liability contribution for the system as determined by subdivision a. of this subparagraph by the individual employer’s percentage of the system’s total actuarially accrued liability as of the June 30, 2019, actuarial valuation which shall be determined solely by the system’s consulting actuary and assigned to each employer based upon the last participating employer of the member or retiree as of June 30, 2019. The individual employer’s percentage of the system’s total actuarially accrued liability as of the June 30, 2019, actuarial valuation shall be used to determine the individual employer’s prorated dollar amount of the system’s actuarially accrued liability contribution in all future fiscal years of the amortization period or periods, except that the employer’s percentage shall be adjusted to reflect any employer who voluntarily or involuntarily ceases participation as provided by KRS 61.522 and except as provided by subparagraphs 4. and 5. of this paragraph. For purposes of this subdivision, all executive branch departments, program cabinets and their respective departments, and administrative bodies enumerated in KRS 12.020, and any other executive branch agencies administratively attached to a department, program cabinet, or administrative body enumerated in KRS 12.020, shall be considered a single individual employer and only one (1) value shall be computed for these executive branch employers. For purposes of this subdivision, all employers of the legislative branch, including the Legislative Research Commission and the General Assembly that covers legislators and staff who participate in the Kentucky Employees Retirement System, shall be considered a single individual employer and only one (1) value shall be computed for these employers. For purposes of this subdivision, all employers of the judicial branch, including the Administrative Office of the Courts, the Judicial Form Retirement System, and all master commissioners, shall be considered a single individual employer and only one (1) value shall be computed for these employers. Upon request by any nonhazardous employer covered by this paragraph, the system shall, within ninety (90) days of the employer’s request, provide the requesting employer with any: i. Identifying, demographic, financial, or any other information that was provided to the system’s actuary to determine the employer’s share of the system’s total actuarially accrued liability, including individual data provided to the actuary on each member, retiree, or recipient whose cost was assigned to the employer. The data shall also include identifying information that will allow the employer to match its records to the members, retirees, and recipients that resulted in the cost that has been assigned to the employer; and ii. Calculations produced by the actuary on each member, retiree, or recipient during the completion of the valuation that resulted in the cost assigned to the employer under this paragraph. The data shall include identifying information that will allow the employer to match its records to the members, retirees, and recipients that resulted in the cost that has been assigned to the employer; c. Shall be payable by an individual employer in equal monthly dollar installments during the fiscal year in accordance with the reporting requirements specified by KRS 61.675 so that the individual employer pays its full prorated dollar amount of the actuarially accrued liability contribution as determined by subdivision b. of this subparagraph; and d. Notwithstanding subdivision b. of this subparagraph for those individual participating employers who are local and district health departments governed by KRS Chapter 212, community mental health centers, and employers whose employees are not subject to KRS 18A.005 to 18A.200, who received or were eligible to receive a distribution of general fund appropriations in the 2018- 2020 biennial executive branch budget to assist in paying retirement costs under 2018 Ky. Acts ch. 169, Part I, G., 4., (5); 2018 Ky. Acts ch. 169, Part I, G., 5., (2); or 2018 Ky. Acts ch. 169, Part I, G., 9., (2), shall not, once the initial dollar amounts are established in accordance with this paragraph, be adjusted in terms of dollars paid by the individual employer, except that adjustments shall be made by the system upon completion of an actuarial investigation as provided by KRS 61.670, so long as at least four (4) years have passed since the last adjustment to the actuarially accrued liability contribution for these employers. The provisions of this subdivision shall not be interpreted to mean that employers described by this subdivision may continue paying the dollar value of contributions or employer contribution rates established or paid by the employer in budget periods occurring prior to July 1, 2021. 2. Individual employers, solely for purposes of collecting employer contributions from various fund sources during the fiscal year, may convert the actuarially accrued liability contribution established by this paragraph to a percentage of pay and may adjust the percent of pay during the fiscal year in order to pay the required dollar value of actuarially accrued liability contribution required by this paragraph. No provision of this subparagraph shall be construed to reduce an individual employer’s actuarially accrued liability contribution as otherwise provided by this paragraph. 3. The provisions of this paragraph shall not apply to those employers who cease participation as provided by KRS 61.522. 4. In the event an individual Kentucky Employees Retirement System nonhazardous employer who is required to pay an actuarially accrued liability contribution as provided by this paragraph and as calculated from the 2019 actuarial valuation or subsequent valuations, merges with another employer or entity, forms a new or separate employer or entity, or splits or separates operations into multiple employers or entities, the system shall, except for those employers or entities who pay the costs to cease participation as provided by KRS 61.522, have full authority to assign a portion or all of the total actuarially accrued liability contribution to the merged, new, split, or separate employers or entities, regardless of whether or not the merged, new, split, or separate employers or entities participate in the system. In the case of a district health department established pursuant to KRS Chapter 212, which ceases to operate or which has a county or counties that withdraw from the district health department, the systems shall assign the total actuarially accrued liability contribution based upon the proportion of taxable property of each county as certified by the Department for Public Health in the Cabinet for Health and Family Services in accordance with KRS 212.132. The system shall establish by administrative regulations the process of assigning actuarially accrued liability contributions as authorized by this subparagraph. 5. a. An employer who is not in the executive, legislative, or judicial branch of Kentucky state government as enumerated in subparagraph 1.b. of this paragraph may on or before July 1, 2021, appeal to the board regarding any current or former employees or retirees the employer believes should not be used to determine the employer’s percentage of the system’s total actuarially accrued liability. The only appeals that shall be submitted by the employer or considered by the board shall be potential errors where the last participating employer is in dispute, situations where employees of the employer were hired through a contract between the executive branch and the employer for the employee to provide services to the executive branch, or situations where a community mental health center was contracted to provide services at a facility previously operated by the executive branch. The employer shall submit the information required by the board to verify potential errors or contract employees with employers. b. The board shall review and issue a final determination regarding any appeals by December 31, 2021. In situations where the board determines the last participating employer was incorrect and should be assigned to another employer, the system shall, effective for employer contributions payable on or after July 1, 2022, assign the cost to the executive branch until such time ownership of the liability can be determined and assigned to the correct employer. In situations where the board determines certain employees of employers were hired through a contract between the executive branch and the employer for an employee or employees to provide services to the executive branch, those liabilities shall, effective for employer contributions payable on or after July 1, 2022, be assigned to the executive branch. In situations where the board determines the community mental health center was contracted to provide services at a facility previously operated by the executive branch, the liabilities for employees providing services at that facility shall, effective for employer contributions payable on or after July 1, 2022, be assigned to the executive branch. c. No appeal shall be submitted by the employer or considered by the board regarding the assumptions or methodology used by the actuary to determine a particular employer’s percentage of the system’s total actuarially accrued liability or the use of the last participating employer to assign liabilities to an employer, except as otherwise provided by this subparagraph. d. The board shall within thirty (30) days following the final determinations submit to the Public Pension Oversight Board the list of appeals that were approved, the number of employees involved, and any costs that will be transferred to the executive branch effective July 1, 2022. (e) The employer contributions computed under this section shall be determined using: 1. The entry age normal cost funding method; 2. An asset smoothing method that smooths investment gains and losses over a five (5) year period; and 3. Other funding methods and assumptions established by the board in accordance with KRS 61.670. (2) (a) Except as limited by subsection (1)(d)1.d. of this section as it relates to the Kentucky Employees Retirement System, normal cost contribution rates and the actuarially accrued liability contribution shall be determined by the board on the basis of the annual actuarial valuation last preceding the July 1 of a new biennium. (b) The board shall not have the authority to amend contribution rates as of July 1 of the second year of the biennium for the Kentucky Employees Retirement System and the State Police Retirement System. (3) (a) The system shall advise each employer prior to July 1 of any change in the employer contribution rate. (b) Costs for the benefits provided under KRS 16.583(2)(b)2. and 16.584 shall be included in the employer contribution rate payable to the State Police Retirement System but shall be reported as a separate line item in the actuarial valuation for purposes of KRS 16.584 and in any correspondence to the Department of Kentucky State Police, the state budget director, and the Legislative Research Commission regarding employer costs for the State Police Retirement System. (c) Based on the employer contribution rate, each employer shall include in the budget sufficient funds to pay the employer contributions as determined by the board under this section. (4) All employers, including the General Assembly, shall pay the full actuarially required contributions, as prescribed by this section, to the Kentucky Employees Retirement System and the State Police Retirement System in fiscal years occurring on or after July 1, 2020, except as authorized for the program established by KRS 16.583(2)(b)2. and 16.584.", 61,61.567,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Employer’s contributions by credit union.,A credit union whose employees are eligible for membership in the system as provided in KRS 61.525 shall make employer’s contributions to the system on behalf of its employees., 61,61.569,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Reinstated employee — Contributions on creditable compensation.,"(1) A reinstated employee who has been ordered reinstated by the Personnel Board under authority of KRS 18A.095 or by court order or by order of the Human Rights Commission shall tender to the system the member contribution he would have paid on the creditable compensation he would have earned as defined under KRS 18A.105 had he not been dismissed. The employer shall pay the employer contributions as defined under KRS 18A.105 on the member’s creditable compensation. (2) No service credit shall be allowed for any time that the member contributions are not paid.", 61,61.570,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Fund assets.,"All of the assets of the system shall be held and invested in the Kentucky employees retirement fund and credited, according to the purpose for which they are held, to one (1) of three (3) accounts, namely, the members’ account, the retirement allowance account, and accounts established pursuant to 26 U.S.C. sec. 401(h) within the funds established in KRS 16.510, 61.515, and 78.520, as prescribed by KRS 61.702(2)(b).", 61,61.575,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Members’ account — Interest — Transfer of account balance to retirement allowance account.,"(1) The members’ account shall be the account to which: (a) All members’ contributions, or contributions picked up by the employer after August 1, 1982, and interest allowances as provided in KRS 61.510 to 61.692 shall be credited, except as provided by KRS 61.702(3)(b); and (b) For members who begin participating in the system on or after January 1, 2014, the employer pay credit and interest credited on such amounts as provided by KRS 16.583 and 61.597 shall be credited. Only funds from this account shall be used to return the accumulated contributions or accumulated account balances of a member when required by reason of any provision of KRS 61.510 to 61.705. Prior to the member’s retirement, death, or refund in accordance with KRS 61.625, no funds shall be made available from the member account. (2) Each member’s contribution or contribution picked up by the employer shall be credited to the individual account of the contributing member, except as provided by KRS 61.702(3)(b). (3) (a) Each member shall have his or her individual account credited with interest on June 30 of each fiscal year. (b) For a member who begins participating before September 1, 2008, interest shall be credited to his or her individual account at a rate determined by the board but not less than two percent (2%) per annum on the accumulated account balance of the member on June 30 of the preceding fiscal year. (c) For a member who begins participating on or after September 1, 2008, but prior to January 1, 2014, interest shall be credited to his or her individual account at a rate of two and one-half percent (2.5%) per annum on the accumulated account balance of the member on June 30 of the preceding fiscal year. (d) For a member who begins participating on or after January 1, 2014, in the hybrid cash balance plan, interest shall be credited in accordance with KRS 16.583 and 61.597. (e) The amounts of interest credited to a member’s account under this subsection shall be transferred from the retirement allowance account. (4) (a) Upon the retirement of a member who began participating in the system prior to January 1, 2014, his or her accumulated account balance shall be transferred from the members’ account to the retirement allowance account. (b) Upon the retirement of a member who began participating in the system on or after January 1, 2014, who elects to annuitize his or her accumulated account balance as prescribed by KRS 16.583(7)(a) or 61.597(7)(a) or (b), the member’s accumulated account balance shall be transferred to the retirement allowance account.", 61,61.580,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Retirement allowance account.,"The retirement allowance account shall be the account in which shall be accumulated all employer contributions and amounts transferred from the members’ account, and to which all income from the invested assets of the system shall be credited. From this account shall be paid the expenses of the system and the board incurred in administration of the system, retirement allowances, and any other benefits payable after a member’s retirement and from this account shall be transferred to the members’ account: (1) The employer pay credit added monthly to each member’s individual accounts as provided by KRS 16.583 and 61.597; and (2) The interest credited annually to each member’s individual account as provided by KRS 61.510 to 61.705.", 61,61.585,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Uninvested funds — Maximum. [Repealed.],, 61,61.590,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Filing of Notification of Retirement and Estimated Retirement Allowance forms — Selection of payment option — Effective date.,"(1) (a) A member or beneficiary eligible to receive retirement benefits under any of the provisions of KRS 61.510 to 61.705, 78.510 to 78.852, and 16.510 to 16.652 shall have on file at the retirement office on the form prescribed by the board, a correctly completed notification of retirement, giving his or her name, address, Social Security number or Kentucky Public Pensions Authority member identification number, last day of employment, and other information the Authority may require. The form entitled “Notification of Retirement” shall not be filed more than six (6) months before the member’s effective retirement date. (b) A member eligible to receive retirement benefits under any of the provisions of KRS 61.510 to 61.705, 78.510 to 78.852, and 16.510 to 16.652 shall certify in writing on the “Notification of Retirement” form or another form prescribed by the board that no prearranged agreement existed prior to the member’s retirement between the member and any participating agency in the systems administered by the Kentucky Retirement Systems or any participating agency in the County Employees Retirement System for the member to return to employment with the participating agency. No retirement benefits shall be paid to the member until the member completes the certification required by this paragraph. (2) After receipt of the correctly completed form entitled “Notification of Retirement,” the Authority shall cause to be prepared an estimate of the amounts the member or beneficiary may expect to receive under the various plans available to the member or beneficiary. This information shall be recorded on a form entitled “Estimated Retirement Allowance” and forwarded to the member or beneficiary. (3) The member or beneficiary shall file at the retirement office the form entitled “Estimated Retirement Allowance” after he or she has checked one (1) payment option of his or her choice, signed the document, and had his or her signature witnessed. A member shall not have the right to select a different payment option on or after the first day of the month in which the member receives his or her first retirement allowance or after the effective date of a deferred retirement option as provided by subsection (6) of this section, except as provided by KRS 61.542(5). A beneficiary shall not have the right to select a different payment option after the effective date of the beneficiary’s retirement allowance as provided in subsection (7) of this section. (4) A member or beneficiary choosing a monthly payment option shall have on file at the retirement office his or her birth certificate or other acceptable evidence of date of birth. If a survivorship option is chosen, proof of dates of birth of the beneficiary and member shall be on file at the retirement office. (5) (a) The effective date of normal retirement shall be the first month following the month in which employment from all employers participating in any of the systems administered by Kentucky Retirement Systems and all employers participating in the County Employees Retirement System was terminated. (b) The effective date of disability retirement shall be the first month following the month in which the member’s last day of paid employment in a regular full-time position occurred, provided the member files the form entitled “Estimated Retirement Allowance” no later than six (6) months following the date the notification of approval for disability retirement benefits is sent by United States first-class mail to the member’s last address on file in the retirement office, by electronic mail to the member’s last electronic mail address on file in the retirement office, or by other electronic means. If the member fails to file the form entitled “Estimated Retirement Allowance” within six (6) months of the date the notification of approval for disability retirement benefits is sent, then the member’s form entitled “Notification of Retirement” shall be void. The member shall be required to submit a new form entitled “Notification of Retirement” to apply for disability retirement and reestablish eligibility for disability retirement benefits. (c) The effective date of early retirement shall be the first month following the month a correctly completed form entitled “Notification of Retirement” is filed at the retirement office or a future month designated by the member, if employment from all employers participating in any of the systems administered by Kentucky Retirement Systems and all employers participating in the County Employees Retirement System has been terminated and if the member files the form entitled “Estimated Retirement Allowance” no later than six (6) months following termination. If the member fails to file the form entitled “Estimated Retirement Allowance” within six (6) months following the effective retirement date of the member, then the member’s form entitled “Notification of Retirement” shall be void and the member shall be required to submit a new form entitled “Notification of Retirement” to apply for early retirement. (6) The effective date of a deferred retirement option as provided under KRS 16.576(5) shall be the month following age sixty-five (65), or the month following written notification from the member that he or she wishes to begin receiving retirement payments. In the event of the death of a member who has deferred his or her retirement allowance, the effective date of retirement shall be the month following the member’s death. (7) Notwithstanding the provisions of KRS 16.578 or 61.640, the effective date of a beneficiary’s retirement allowance under normal, early, or disability retirement shall be as prescribed in subsection (5) or (6) of this section if the member dies before the first day of the month in which the member would have received his or her first retirement allowance and his or her beneficiary becomes eligible for payments under KRS 16.578 or 61.640.", 61,61.592,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,"Retirement of persons working in hazardous positions. [Effective until April 1, 2023]","(1) (a) “Hazardous position” for employees participating in the Kentucky Employees Retirement System means: 1. Any position whose principal duties involve active law enforcement, including the positions of probation and parole officer and Commonwealth detective, active fire suppression or prevention, or other positions, including but not limited to pilots of the Transportation Cabinet and paramedics and emergency medical technicians, with duties that require frequent exposure to a high degree of danger or peril and also require a high degree of physical conditioning; 2. Positions in the Department of Corrections in state correctional institutions and the Kentucky Correctional Psychiatric Center with duties that regularly and routinely require face-to-face contact with inmates; and 3. Positions of employees who elect coverage under KRS 196.167(3)(b)2. and who continue to provide educational services and support to inmates as a Department of Corrections employee. (b) The effective date of participation under hazardous duty coverage for positions in the Department of Alcoholic Beverage Control shall be April 1, 1998. The employer and employee contributions shall be paid by the employer and forwarded to the retirement system for the period not previously reported. (2) Each employer may request of the board hazardous duty coverage for those positions as defined in subsection (1) of this section. Upon request, each employer shall certify to the system, in the manner prescribed by the board, the names of all employees working in a hazardous position as defined in subsection (1) of this section for which coverage is requested. The certification of the employer shall bear the approval of the agent or agency responsible for the budget of the department or county indicating that the required employer contributions have been provided for in the budget of the employing department or county. The system shall determine whether the employees whose names have been certified by the employer are working in positions meeting the definition of a hazardous position as provided by subsection (1) of this section. This process shall not be required for employees who elect coverage under KRS 196.167(3)(b)2. (3) (a) An employee who elects coverage under KRS 196.167(3)(b)2., and an employee participating in the Kentucky Employees Retirement System who is determined by the system to be working in a hazardous position in accordance with subsection (2) of this section, shall contribute, for each pay period for which he or she receives compensation, eight percent (8%) of his or her creditable compensation. (b) Each employer shall pay employer contributions based on the creditable compensation of the employees determined by the system to be working in a hazardous position at the employer contribution rate as determined by the board. The rate shall be determined by actuarial methods consistent with the provisions of KRS 61.565. (c) If the employer participated in the system prior to electing hazardous duty coverage, the employer may pay to the system the cost of converting the nonhazardous service to hazardous service from the date of participation to the date the payment is made, or the employer may establish a payment schedule for payment of the cost of the hazardous service above that which would be funded within the existing employer contribution rate. The employer may extend the payment schedule to a maximum of thirty (30) years. Payments made by the employer under this subsection shall be deposited to the retirement allowance account of the proper retirement system and these funds shall not be considered accumulated contributions of the individual members. If the employer elects not to make the additional payment, the employee may pay the cost of converting the service and provide payment for the cost as provided by KRS 61.552(9). Payments made by the employee under this subsection shall not be picked up, as described in KRS 61.560(4), by the employer. If neither the employer nor employee makes the payment, the service prior to hazardous coverage shall remain nonhazardous. The provisions of this paragraph shall not apply to members who begin participating in the systems administered by Kentucky Retirement Systems on or after January 1, 2014. (4) The normal retirement age, retirement allowance, hybrid cash balance plans, other benefits, eligibility requirements, rights, and responsibilities of a member in a hazardous position, as prescribed by subsections (1), (2), and (3) of this section, and the responsibilities, rights, and requirements of his or her employer shall be as prescribed for a member and employer participating in the State Police Retirement System as provided for by KRS 16.505 to 16.652. (5) Any person employed in a hazardous position after July 1, 1972, shall be required to undergo a thorough medical examination by a licensed physician, and a copy of the medical report of the physician shall be retained on file by the employee’s department or county and made available to the system upon request. (6) If doubt exists regarding the benefits payable to a hazardous position employee under this section, the board shall determine the benefits payable under KRS 61.510 to 61.705 or 16.505 to 16.652.", 61,61.592,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,"Retirement of persons working in hazardous positions. [Effective April 1, 2023]","(1) (a) “Hazardous position” for employees participating in the Kentucky Employees Retirement System means: 1. Any position whose principal duties involve active law enforcement, including the positions of probation and parole officer and Commonwealth detective, active fire suppression or prevention, or other positions, including but not limited to pilots of the Transportation Cabinet and paramedics and emergency medical technicians, with duties that require frequent exposure to a high degree of danger or peril and also require a high degree of physical conditioning; 2. Positions in the Department of Corrections in state correctional institutions and the Kentucky Correctional Psychiatric Center with duties that regularly and routinely require face-to-face contact with inmates; and 3. Positions of employees who elect coverage under KRS 196.167(3)(b)2. and who continue to provide educational services and support to inmates as a Department of Corrections employee. (b) The effective date of participation under hazardous duty coverage for positions in the Department of Alcoholic Beverage Control shall be April 1, 1998. The employer and employee contributions shall be paid by the employer and forwarded to the retirement system for the period not previously reported. (2) Each employer may request of the board hazardous duty coverage for those positions as defined in subsection (1) of this section. Upon request, each employer shall certify to the system, in the manner prescribed by the board, the names of all employees working in a hazardous position as defined in subsection (1) of this section for which coverage is requested. The certification of the employer shall bear the approval of the agent or agency responsible for the budget of the department or county indicating that the required employer contributions have been provided for in the budget of the employing department or county. The system shall determine whether the employees whose names have been certified by the employer are working in positions meeting the definition of a hazardous position as provided by subsection (1) of this section. This process shall not be required for employees who elect coverage under KRS 196.167(3)(b)2. (3) (a) An employee who elects coverage under KRS 196.167(3)(b)2., and an employee participating in the Kentucky Employees Retirement System who is determined by the system to be working in a hazardous position in accordance with subsection (2) of this section, shall contribute, for each pay period for which he or she receives compensation, eight percent (8%) of his or her creditable compensation. (b) Each employer shall pay employer contributions based on the creditable compensation of the employees determined by the system to be working in a hazardous position at the employer contribution rate as determined by the board. The rate shall be determined by actuarial methods consistent with the provisions of KRS 61.565. (c) If the employer participated in the system prior to electing hazardous duty coverage, the employer may pay to the system the cost of converting the nonhazardous service to hazardous service from the date of participation to the date the payment is made, or the employer may establish a payment schedule for payment of the cost of the hazardous service above that which would be funded within the existing employer contribution rate. The employer may extend the payment schedule to a maximum of thirty (30) years. Payments made by the employer under this subsection shall be deposited to the retirement allowance account of the proper retirement system and these funds shall not be considered accumulated contributions of the individual members. If the employer elects not to make the additional payment, the employee may pay the cost of converting the service and provide payment for the cost as provided by KRS 61.552(9). Payments made by the employee under this subsection shall not be picked up, as described in KRS 61.560(4), by the employer. If neither the employer nor employee makes the payment, the service prior to hazardous coverage shall remain nonhazardous. The provisions of this paragraph shall not apply to members who begin participating in the systems administered by Kentucky Retirement Systems on or after January 1, 2014. (4) The normal retirement age, retirement allowance, hybrid cash balance plans except as provided by KRS 16.583(2)(b)2. and 16.584, other benefits, eligibility requirements, rights, and responsibilities of a member in a hazardous position, as prescribed by subsections (1), (2), and (3) of this section, and the responsibilities, rights, and requirements of his or her employer shall be as prescribed for a member and employer participating in the State Police Retirement System as provided for by KRS 16.505 to 16.652. (5) Any person employed in a hazardous position after July 1, 1972, shall be required to undergo a thorough medical examination by a licensed physician, and a copy of the medical report of the physician shall be retained on file by the employee’s department or county and made available to the system upon request. (6) If doubt exists regarding the benefits payable to a hazardous position employee under this section, the board shall determine the benefits payable under KRS 61.510 to 61.705 or 16.505 to 16.652.", 61,61.593,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Retirement allowance of former member in hazardous position.,"Any former member of the Kentucky Employees Retirement System who was determined to be in a hazardous position in accordance with KRS 61.592(1) and (2) and whose service retirement from such position was effective after such determination but prior to July 1, 1976, due to the revocation of any medical certification required for the continued performance of the duties of the hazardous position shall have his retirement allowance recomputed in accordance with KRS 61.592 as amended by Chapter 321, Section 21, Acts of the 1976 General Assembly.", 61,61.595,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Annual retirement allowance — Limitations.,"(1) Effective July 1, 1990, upon retirement at normal retirement date or subsequent thereto, a Kentucky Employees Retirement System member may receive an annual retirement allowance, payable monthly during his or her lifetime, which shall consist of an amount equal to one and ninety-seven hundredths percent (1.97%) of final compensation multiplied by the number of years of service credit, except that: (a) Effective February 1, 1999, a member of the Kentucky Employees Retirement System who was participating in one (1) of the state-administered retirement systems as of January 1, 1998, and continues to participate through January 1, 1999, shall receive an annual retirement allowance, payable monthly during his or her lifetime, which shall consist of an amount equal to two percent (2%) of final compensation multiplied by the number of years of service credit. Any Kentucky Employees Retirement System member whose effective date of retirement is between February 1, 1999, and January 31, 2009, and who has at least twenty (20) years of service credit in one (1) of the state-administered retirement systems and who was participating in one (1) of the state-administered retirement systems as of January 1, 1998, and continues to participate through January 1, 1999, shall receive an annual retirement allowance, payable monthly during his or her lifetime, which shall consist of an amount equal to two and two-tenths percent (2.2%) of final compensation multiplied by the number of years of service credit. Notwithstanding the provisions of KRS 61.565, the funding for this paragraph shall be provided from existing funds of the retirement allowance account; (b) The annual normal retirement allowance for members of the General Assembly, who serve during the 1974 or 1976 General Assembly, and will have eight (8) years or more of total legislative service as of January 6, 1978, shall not be less than two hundred forty dollars ($240) multiplied by the number of years of service as a member of the General Assembly; (c) For a member of the Kentucky Employees Retirement System who begins participating on or after September 1, 2008, the annual retirement allowance upon retirement shall be equal to: 1. a. One and one-tenth percent (1.1%) of final compensation for each year of service if the member has earned ten (10) or less years of service at retirement; b. One and three-tenths percent (1.3%) of final compensation for each year of service if the member has earned greater than ten (10) but no more than twenty (20) years of service at retirement; c. One and one-half percent (1.5%) of final compensation for each year of service if the member has earned greater than twenty (20) but no more than twenty-six (26) years of service at retirement; or d. One and three-quarters percent (1.75%) of final compensation for each year of service if the member has earned greater than twenty-six (26) but no more than thirty (30) years of service at retirement; and 2. Two percent (2.0%) of final compensation for each year of service earned in excess of thirty (30) years of service at retirement; (d) The annual normal retirement allowance for members of the General Assembly who will have fewer than eight (8) years of service as of December 31, 1975, shall be as prescribed in Chapter 116, section 36(1), Acts of the 1972 General Assembly for legislative service prior to January 1, 1974; (e) Former members of the General Assembly who have eight (8) or more years of legislative service prior to the 1976 Regular Session are eligible for an increased retirement allowance of two hundred forty dollars ($240) times the years of legislative service, if the member pays to the Kentucky Employees Retirement System thirty-five percent (35%) of the actuarial cost of the higher benefit, as determined by the system, except that a former member with sixteen (16) or more years of legislative service, or his or her beneficiary, who is receiving a retirement allowance, also is eligible under this section and may apply for a recomputation of his retirement allowance. The employer’s share of sixty-five percent (65%) of the computed actuarial cost shall be paid from the State Treasury to the Kentucky Employees Retirement System upon presentation of a properly documented claim to the Finance and Administration Cabinet. If any member with sixteen (16) or more years of legislative service previously applied for and is receiving a retirement allowance, he or she may reapply and his or her retirement allowance shall be recomputed in accordance with this paragraph, and he or she shall thereafter be paid in accordance with the option selected by him or her at the time of the reapplication; and (f) The annual normal retirement allowance for a member with ten (10) or more years of service, in the Kentucky Employees Retirement System, at least one (1) of which is current service, shall not be less than five hundred twelve dollars ($512). (2) (a) Upon service retirement prior to normal retirement date, a member may receive an annual retirement allowance payable monthly during his or her lifetime which shall be determined in the same manner as for retirement at his or her normal retirement date with years of service and final compensation being determined as of the date of his or her actual retirement, but the amount of the retirement allowance so determined shall be reduced at an amount determined by the board’s actuary to reflect the earlier commencement of benefits. (b) A member of the Kentucky Employees Retirement System who begins participating before September 1, 2008, who has twenty-seven (27) or more years of service credit, at least fifteen (15) of which are current service, may retire with no reduction in the retirement allowance. A member who begins participating before September 1, 2008, who has earned vested service credit in a retirement system, other than the Teachers’ Retirement System, sponsored by a Kentucky institution of higher education, the Council on Postsecondary Education, or the Higher Education Assistance Authority, may count the vested service toward attaining the necessary years of service credit as provided in KRS 61.559(2)(c) and (d) to qualify for a retirement allowance. The credit from a Kentucky institution of higher education, the Council on Postsecondary Education, or the Higher Education Assistance Authority shall not be used toward the minimum fifteen (15) years of current service required by KRS 61.559(2)(c) and (d) or to calculate his or her retirement allowance pursuant to this section. The provisions of this paragraph shall not be construed to limit the use of Teachers’ Retirement System credit pursuant to KRS 61.680(2)(a). (c) A member of the Kentucky Employees Retirement System who begins participating on or after September 1, 2008, may retire with no reduction in benefits if the member is fifty-seven (57) years of age or older and has an age and years of service total of at least eighty-seven (87) years. The years of service used to determine eligibility for an unreduced retirement allowance under this paragraph shall only include years of service credited under KRS 16.543(1), 61.543(1), or 78.615(1) or another state-administered retirement system. (3) Subsections (1) and (2) of this section shall not apply to members who begin participating in the system on or after January 1, 2014. Members who begin participating in the system on or after January 1, 2014, shall receive the retirement benefits prescribed by KRS 61.597.", 61,61.5955,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,"Election by member participating in KERS, CERS, or SPRS on or after September 1, 2008, but before January 1, 2014 — Participation in hybrid cash balance plan — Private letter ruling — Administrative regulations — Restriction.","Notwithstanding any provision of KRS 16.505 to 16.652, 61.510 to 61.705, and 78.510 to 78.852 to the contrary: (1) Subject to the provisions of this section, any member who began participating in the Kentucky Employees Retirement System, the County Employees Retirement System, or the State Police Retirement System on or after September 1, 2008, but prior to January 1, 2014, may in lieu of the benefits he or she is currently eligible to receive from the systems, elect to receive the benefits and rights provided to members who began participating in the systems on or after January 1, 2014, including participating in the hybrid cash balance plan created pursuant to KRS 61.597 or 78.5512 for members in nonhazardous duty positions or pursuant to KRS 16.583 or 78.5516 for members in hazardous duty positions, as applicable; (2) The election provided by this section shall be made in writing and on a form prescribed by the Kentucky Public Pensions Authority and shall apply to all service or accounts in the Kentucky Retirement Systems or the County Employees Retirement System; (3) For each member who makes an election provided by this section: (a) Any service credit the member has accrued prior to January 1, 2014, shall be considered as service credit earned on or after January 1, 2014, for purposes of determining benefits under KRS 16.505 to 16.652, 61.510 to 61.705, and 78.510 to 78.852; (b) On the member’s effective election date, the value of the member’s accumulated contributions, less any interest, shall be deposited into the member’s hybrid cash balance account as provided by KRS 16.583, 61.597, 78.5512, or 78.5516, as applicable, and considered part of the member’s accumulated account balance; (c) On the member’s effective election date, an employer pay credit as provided by KRS 16.583, 61.597, 78.5512, or 78.5516, as applicable, shall be added to the member’s accumulated account balance for each month the member contributed to the Kentucky Employees Retirement System, the County Employees Retirement System, or the State Police Retirement System prior to his or her effective election date; and (d) Interest credits as provided by KRS 16.583, 61.597, 78.5512, or 78.5516, as applicable, shall only be applied for periods occurring on or after the member’s effective election date; (4) Before accepting an election provided by this section, the Kentucky Public Pensions Authority shall provide the member with information detailing the potential results of the member’s election; (5) An election made pursuant to this section shall be irrevocable; (6) (a) A member of the Kentucky Employees Retirement System, the County Employees Retirement System, or the State Police Retirement System shall not be eligible to make an election prescribed by this section until the Kentucky Retirement Systems receives a favorable private letter ruling from the Internal Revenue Service regarding this section. (b) If the Internal Revenue Service denies the request for a private letter ruling as provided by paragraph (a) of this subsection, this section shall be void. (c) The Kentucky Public Pensions Authority may promulgate administrative regulations under KRS Chapter 13A in order to carry out this section; and (7) This section shall not apply to retirees who were reemployed on or after September 1, 2008, and who are not eligible to participate in the systems during reemployment.", 61,61.5956,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,"Optional 401(a) money purchase plan for new nonhazardous members who begin participating in KERS or CERS on or after January 1, 2019. [Declared void — See LRC Note Below] [Repealed]",, 61,61.596,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Service credit bonus for early retirement — Payments by agencies — Forfeiture upon reemployment. [Repealed.],, 61,61.597,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Hybrid cash balance plan for certain members of Kentucky Employees Retirement System in nonhazardous duty positions — Member contributions and employer pay credits — Interest credits — Termination of employment — Options upon retirement.,"(1) A member of the Kentucky Employees Retirement System who is participating in a nonhazardous position, whose participation in the systems begins on or after January 1, 2014, and those members making an election pursuant to KRS 61.5955, shall receive the retirement benefits provided by this section in lieu of the retirement benefits provided under KRS 61.559 and 61.595. The retirement benefit provided by this section shall be known as the hybrid cash balance plan and shall operate as another benefit tier within the Kentucky Employees Retirement System. (2) The hybrid cash balance plan shall provide a retirement benefit based upon the member’s accumulated account balance, which shall include: (a) Contributions made by the member as provided by KRS 16.505 to 16.652 and 61.510 to 61.705, except for employee contributions prescribed by KRS 61.702(3)(b); (b) An employer pay credit of four percent (4%) of the creditable compensation earned by the employee for each month the employee is contributing to the hybrid cash balance plan provided by this section; and (c) Interest credits added annually to the member’s accumulated account balance as provided by this section. (3) (a) Member contributions and employer pay credits as provided by subsection (2)(a) and (b) of this section shall be credited to the member’s account monthly as contributions are reported and posted to the system in accordance with KRS 61.675. (b) Interest credits, as provided by subsection (2)(c) of this section, shall be credited to the member’s account annually on June 30 of each fiscal year, as determined by subsection (4) of this section. (4) (a) On June 30 of each fiscal year, the system shall determine if the member contributed to the hybrid cash balance plan or the County Employees Retirement System during the fiscal year. (b) If the member contributed to the hybrid cash balance plan or the County Employees Retirement System during the fiscal year, the interest credit added to the member’s account for that fiscal year shall be determined by multiplying the member’s accumulated account balance on June 30 of the preceding fiscal year by a percentage increase equal to: 1. Four percent (4%); plus 2. Seventy-five percent (75%) of the system’s geometric average investment return in excess of the four percent (4%) rate of return. (c) If the member did not contribute to the hybrid cash balance plan or the County Employees Retirement System during the fiscal year, the interest credit added to the member’s account for that fiscal year shall be determined by multiplying the member’s accumulated account balance on June 30 of the preceding fiscal year by a percentage increase equal to four percent (4%). (d) For purposes of this subsection, “system’s geometric average net investment return”: 1. Means the annual average geometric investment return, net of administrative and investment fees and expenses, over the last five (5) fiscal years as of the date the interest is credited to the member’s account; and 2. Shall be expressed as a percentage and based upon the system in which the member has an account. (e) No employer pay credits or interest credits shall be provided to a member who has taken a refund of contributions as provided by KRS 61.625 or who has retired and annuitized his or her accumulated account balance as prescribed by this section. (5) (a) Upon termination of employment, a member who has less than five (5) years of service credited under KRS 16.543(1), 61.543(1), and 78.615(1), who elects to take a refund of his or her accumulated account balance as provided by KRS 61.625, shall forfeit the accumulated employer credit, and shall only receive a refund of his or her accumulated contributions. (b) Upon termination of employment, a member who has five (5) or more years of service credited under KRS 16.543(1), 61.543(1), and 78.615(1), who elects to take a refund of his or her accumulated account balance as provided by KRS 61.625, shall receive a full refund of his or her accumulated account balance. (6) A member participating in the hybrid cash balance plan provided by this section may retire: (a) At his or her normal retirement date, provided he or she has earned five (5) or more years of service credited under KRS 16.543(1), 61.543(1), 78.615(1), or another state-administered retirement system; or (b) If the member is at least age fifty-seven (57) and has an age and years of service total of at least eighty-seven (87) years. The years of service used to determine eligibility for retirement under this paragraph shall only include years of service credited under KRS 16.543(1), 61.543(1), 78.615(1), or another state-administered retirement system. (7) A member eligible to retire under subsection (6) of this section may elect to: (a) Receive a monthly retirement allowance payable for life by having his or her accumulated account balance annuitized by the retirement systems in accordance with the actuarial assumptions and actuarial methods adopted by the board and in effect on the member’s retirement date; (b) Receive the actuarial equivalent of his or her retirement allowance calculated under paragraph (a) of this subsection payable under one (1) of the options set forth in KRS 61.635, except for the option provided by KRS 61.635(11); or (c) Take a refund of his or her account balance as provided by KRS 61.625. (8) The provisions of this section shall not apply to members who began participating in the Kentucky Employees Retirement System prior to January 1, 2014, except for those members who make an election pursuant to KRS 61.5955.", 61,61.598,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,"Limitations and exclusions on increases in creditable compensation in last five years of service for employees retiring on or after January 1, 2018 — Exceptions — Employer to pay actuarial costs resulting from certain increases in creditable compensation — Inquiries from employers — Hearing and appeal — Reporting of exemptions — Inapplicability to hybrid cash balance and money purchase plan participants.","(1) For purposes of this section, “bona fide promotion or career advancement”: (a) Means a professional advancement in substantially the same line of work held by the employee in the four (4) years immediately prior to the final five (5) fiscal years preceding retirement or a change in employment position based on the training, skills, education, or expertise of the employee that imposes a significant change in job duties and responsibilities to clearly justify the increased compensation to the member; and (b) Does not include any circumstance where an elected official participating in the Kentucky Employees Retirement System or the County Employees Retirement System takes a position of employment with a different employer participating in any of the state-administered retirement systems. (2) (a) For employees retiring from the Kentucky Employees Retirement System, the County Employees Retirement System, or the State Police Retirement System on or after January 1, 2018, the systems shall, for each of the retiring employee’s last five (5) fiscal years of employment, identify any fiscal year in which the creditable compensation increased at a rate of ten percent (10%) or more annually over the immediately preceding fiscal year’s creditable compensation. The employee’s creditable compensation in the fiscal year immediately prior to the employee’s last five (5) fiscal years of employment shall be utilized to compare the initial fiscal year in the five (5) fiscal year period. (b) Except as limited or excluded by subsections (3) and (4) of this section, any amount of increase in creditable compensation for a fiscal year identified under paragraph (a) of this subsection that exceeds ten percent (10%) more than the employee’s creditable compensation from the immediately preceding fiscal year shall not be included in the creditable compensation used to calculate the retiring employee’s monthly retirement allowance. If the creditable compensation for a specific fiscal year identified under paragraph (a) of this subsection as exceeding the ten percent (10%) increase limitation is not used to calculate the retiring employee’s monthly retirement allowance, then no reduction in creditable compensation shall occur for that fiscal year. (c) If the creditable compensation of the retiring employee is reduced as provided by paragraph (b) of this subsection, the retirement systems: 1. Shall refund the employee contributions and interest attributable to the reduction in creditable compensation; and 2. Shall not refund the employer contributions paid but shall utilize those funds to pay down the unfunded liability of the pension fund in which the retiring employee participated. (3) (a) In order to ensure the prospective application of the limitations on increases in creditable compensation contained in subsection (2) of this section, only the creditable compensation earned by the retiring employee on or after July 1, 2017, shall be subject to reduction under subsection (2) of this section. Creditable compensation earned by the retiring employee prior to July 1, 2017, shall not be subject to reduction under subsection (2) of this section. (b) If the reductions in creditable compensation during a retiring member’s entire last five (5) years of employment results in a reduction in his or her monthly retirement allowance of less than twenty-five dollars ($25) per month or an actuarially equivalent value under the various payment options, then no reduction in creditable compensation or retirement allowances shall occur under subsection (2) of this section. (4) Subsection (2) of this section shall not apply to: (a) A bona fide promotion or career advancement as defined by subsection (1) of this section; (b) A lump-sum payment for compensatory time paid to an employee upon termination of employment; (c) A lump-sum payment made pursuant to an alternate sick leave program under KRS 78.616(5) that is paid to an employee upon termination of employment; (d) Increases in creditable compensation in a fiscal year over the immediately preceding fiscal year, where in the immediately preceding fiscal year the employer reported the employee as being on leave without pay for any reason, including but not limited to sick leave without pay, maternity leave, leave authorized under the Family Medical Leave Act, and any period of time where the employee received workers’ compensation benefit payments that were not reported to the plan as creditable compensation; (e) Increases in creditable compensation directly attributable to an employee’s receipt of compensation for: 1. Overtime hours worked while serving as a participating employee under any state or federal grant, grant pass-through, or similar program that requires overtime as a condition or necessity of the employer’s receipt of the grant; or 2. The first one hundred (100) hours of mandatory overtime hours that the employee is individually required to work by the employer during a fiscal year. This subparagraph shall not be construed to apply to overtime hours voluntarily worked by the employee or in situations in which the employee has the option to elect out of participation in overtime hours. Any mandatory overtime hours exempt under this subparagraph shall be in addition to any overtime hours otherwise exempt under the provisions of this subsection; and (f) Increases in creditable compensation directly attributable to an employee’s receipt of compensation for overtime performed during and as a result of a state of emergency declared by: 1. The President of the United States or the Governor of the Commonwealth of Kentucky; or 2. A local government in which the Governor authorizes mobilization of the Kentucky National Guard pursuant to KRS 38.030 and 39A.950 during such time as the National Guard is mobilized. (5) (a) For employees retiring on or after January 1, 2014, but prior to July 1, 2017, the last participating employer shall be required to pay for any additional actuarial costs resulting from annual increases in an employee’s creditable compensation greater than ten percent (10%) over the employee’s last five (5) fiscal years of employment that are not the direct result of a bona fide promotion or career advancement. The cost shall be determined by the retirement systems. (b) Lump-sum payments for compensatory time paid to an employee upon termination of employment shall be exempt from this subsection. (c) The Authority shall be required to answer inquiries from participating employers regarding this subsection. Upon request of the employer prior to the employee’s change of position or hiring, the systems shall make a determination that is binding to the systems as to whether or not a change of position or hiring constitutes a bona fide promotion or career advancement. (d) For any additional actuarial costs charged to the employer under this subsection, the systems shall allow the employer to pay the costs without interest over a period of one (1) year from the date of receipt of the employer’s final invoice. (6) The Authority shall determine whether increases in creditable compensation during the last five (5) fiscal years of employment prior to retirement constitute a bona fide promotion or career advancement and may promulgate administrative regulations in accordance with KRS Chapter 13A to administer this section. All state-administered retirement systems shall cooperate to implement this section. (7) Any employer who disagrees with a determination made by the system in accordance with this section regarding whether an increase in compensation constitutes a bona fide promotion or career advancement for purposes of subsection (5) of this section may request a hearing and appeal the decision in accordance with KRS 61.645(16) or 78.782(16). (8) For the fiscal year beginning July 1, 2017, and subsequent years, the Kentucky Retirement Systems and the County Employees Retirement System shall provide a means for employers to separately report the specific exceptions provided in subsection (4) of this section within the reporting system utilized by the employers for making employer reports under KRS 16.645, 61.675, and 78.545. The Kentucky Retirement Systems and the County Employees Retirement System shall continually provide communication, instructions, training, and educational opportunities for employers regarding how to appropriately report exemptions established by subsection (4) of this section. (9) This section shall not apply to employees participating in the hybrid cash balance plan as provided by KRS 16.583, 61.597, 78.5512, and 78.5516.", 61,61.599,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Calculation of retirement allowance for members of Kentucky Employees Retirement System.,"(1) The annual retirement allowance for a member of the Kentucky Employees Retirement System shall not exceed the maximum benefit as set forth in the Internal Revenue Code. (2) (a) The retirement allowance for a member of the Kentucky Employees Retirement System shall be calculated by using the member’s known creditable compensation prior to his or her last month’s employment and an estimate of his or her creditable compensation during the last month he or she was employed. Based upon this calculation, the State Treasurer shall be requested to issue the initial retirement payment. (b) A new calculation shall be made when the official report has been received of the member’s creditable compensation during his or her last month’s employment. However, the retirement allowance determined in accordance with paragraph (a) of this subsection shall be the official retirement allowance unless the new calculation derives an amount which is two dollars ($2) greater or less than the amount of the initial retirement payment. If the member or beneficiary chose an actuarial equivalent refund payment option, the amount of estimated retirement allowance shall be the official retirement allowance unless the new calculation produces an amount which is one hundred dollars ($100) greater or less than the amount of the initial retirement payment.", 61,61.5991,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Quasi-governmental employers participating in KERS — Required reports — Audits — Legislative intent regarding future appropriations to subsidize retirement costs — Non-core services independent contractor.,"Except as otherwise provided by this section, the following shall apply to nonhazardous employers in the Kentucky Employees Retirement System, who contributed to the system in fiscal year 2019-2020 except in the case of county attorneys, who are local and district health departments governed by KRS Chapter 212, state-supported universities and community colleges, county attorneys, mental health/mental retardation boards, domestic violence shelters, rape crisis centers, child advocacy centers, or any other agency that is eligible to voluntarily cease participation in the Kentucky Employees Retirement System as provided by KRS 61.522: (1) (a) Each employer, except for county attorneys, shall report to the Authority for each fiscal year occurring on or after July 1, 2021, the following persons for which no employer contributions were paid by the employer to the system during the fiscal year for services provided to the employer: 1. Except as provided by paragraph (b)3. of this subsection, persons employed as an independent contractor, a leased employee, or via any other employment arrangement as determined by the Authority, who if employed directly by the employer would qualify as a regular full-time employee in accordance with KRS 61.510(21); and 2. Persons employed directly by the employer who meet the definition of a regular full-time employee in accordance with KRS 61.510(21), who are not being reported to the system in accordance with KRS 61.675. (b) The reporting required by this paragraph shall: 1. Be reported in a format, detail, and frequency as determined solely by the Authority; 2. Except as provided by subparagraph 3. of this paragraph, include persons providing services to the employer as an independent contractor, a leased employee, or via any other employment arrangement as determined by the Authority, and those services have historically been provided or are currently being provided by employees eligible to participate in the system through the employer; and 3. Exclude: a. Contracts for professional services that have not historically been provided by employees of the employer; b. Any contracts entered into prior to January 1, 2021, with a person or company to provide services as an independent contractor, a leased employee, or other employment arrangement as determined by the Authority, but only for the duration of the original contract, excluding any renewal periods, and only for those services and persons included in the original contract, except as provided in subdivision c. of this subparagraph; and c. Contracts providing services through a non-core services independent contractor as defined in subsection (9) of this section, regardless of whether or not the contract was initiated before January 1, 2021, or on or after January 1, 2021. (c) In any case of doubt, the Authority shall determine whether data should be reported on a specific person providing services to the employer and the Authority may by promulgation of administrative regulation provide guidance on which persons should be included for reporting purposes; (2) (a) Notwithstanding any other provision of statute to the contrary, the Authority shall: 1. Have full power, including any authority under KRS 61.685, to audit an employer who is subject to the provisions of this section to ensure compliance and accuracy of the data required to be reported by the employer in accordance with this section; and 2. Perform audits on a percentage of employers who are subject to the reporting requirements of this subsection, as determined by the board, for the purpose of ensuring that all eligible employees are being reported and contributions are being paid in accordance with KRS 61.510 to 61.705. The system shall have full power and authority, including any authority and power granted under KRS 61.675 and 61.685, to accomplish the audits required by this subparagraph. An audit time frame and schedule shall be adopted by the board, made available to impacted employers, and reported to the Public Pension Oversight Board. (b) If the Authority determines an employer has knowingly falsified data required to be reported under this section: 1. The Authority shall indicate in the annual report submitted in accordance with subsection (3) of this section that the employer has knowingly falsified data and shall include a brief summary of the reasons for the Authority’s determination; 2. The employer shall no longer be eligible to receive any future appropriations or subsidies from the state to assist in paying employer contributions to the system; and 3. The employer shall be required to pay back to the state any appropriations or subsidies provided in the biennial executive branch budget that were used to directly assist the employer in paying employer contributions to the system on or after July 1, 2021. (c) If an employer fails to submit the information required by this section or does not comply with requests from the Authority regarding this subsection and subsection (1) of this section to verify or audit the employer’s information: 1. The Authority shall indicate in the annual report submitted in accordance with subsection (3) of this section that the employer is noncompliant with the Authority’s requests and shall include a brief summary of the reasons for the Authority’s determination; and 2. The employer may lose eligibility to receive any future appropriations or subsidies from the state to assist in paying employer contributions to the system, except that if an employer does not comply with requests from the Authority pursuant to an audit conducted in accordance with paragraph (a)2. of this subsection the employer shall lose eligibility to receive any future appropriations or subsidies from the state to assist in paying employer contributions to the system until such time as the employer complies with the audit; (3) The Authority shall within sixty (60) days following the close of each fiscal year occurring on or after July 1, 2021, determine and report the following to the state budget director’s office and the Legislative Research Commission for each employer subject to this section, except for county attorneys: (a) The number of regular full-time employees of the employer who were reported to the system during the prior fiscal year for which contributions were reported in accordance with KRS 61.675; (b) The number of persons providing services to the employer under subsection (1) of this section during the prior fiscal year who were not reported to the system and for which no contributions were reported; (c) A percentage computed by dividing the number of employees reported in paragraph (a) of this subsection by the combined sum of the number of employees and persons reported in paragraphs (a) and (b) of this subsection and multiplying by one hundred (100); and (d) The information required by subsection (2) of this section for any employer who has been determined by the Authority to have knowingly falsified data or is noncompliant in submitting the data required by this section to the Authority; (4) It is the intent of the General Assembly in fiscal years occurring on or after July 1, 2021, to provide appropriations for county attorneys for retirement costs in the Kentucky Employees Retirement System that is equal to the difference between the dollar value of actual contributions paid by the employer in fiscal year 2019-2020 to the system and the dollar value of contributions projected to be paid by the employer to the system in fiscal year 2021-2022; (5) For fiscal year 2021-2022, it is the intent of the General Assembly to provide a subsidy towards the retirement costs of employers covered by this section, except for county attorneys who are provided a subsidy by subsection (4) of this section, that is equal to the difference between the dollar value of actual contributions paid by the employer to the system in fiscal year 2019-2020 and the dollar value of contributions projected to be paid by the employer to the system in fiscal year 2021-2022; (6) It is the intent of the General Assembly that for fiscal years occurring on or after July 1, 2022: (a) To provide a subsidy towards the retirement costs of each employer subject to this section, except for county attorneys who are provided a subsidy by subsection (4) of this section, who has made efforts to increase or maintain the number of employees reported to the system. Specifically, it is the intent of the General Assembly to provide subsidies only to those employers who have a percentage of employees reported to the system as specified by subsection (3)(c) of this section, equal to or greater than: 1. Sixty percent (60%) for any subsidies provided in fiscal years occurring on or after July 1, 2022, to June 30, 2024; and 2. Eighty percent (80%) for any subsidies provided in fiscal years occurring on or after July 1, 2024. Eligibility for a subsidy provided in each fiscal year of the budget shall be based upon the most recent percentage of employees reported by the Authority; (b) For those employers eligible for a subsidy under paragraph (a) of this subsection, to provide a subsidy that is equal to the dollar value of the subsidy provided to the employer in fiscal year 2021-2022 multiplied by the following percentage: 1. For local and district health departments governed by KRS Chapter 212, state-supported universities and community colleges, and any other employer subject to this section that has taxing or fee authority: a. Ninety percent (90%) in fiscal year 2022-2023; b. Eighty percent (80%) in fiscal year 2023-2024; c. Seventy percent (70%) in fiscal year 2024-2025; d. Sixty percent (60%) in fiscal year 2025-2026; and e. Fifty percent (50%) in fiscal years occurring on or after July 1, 2026; and 2. For any other employer who does not have taxing or fee authority: a. Ninety percent (90%) in fiscal years 2022-2024; and b. Seventy-five percent (75%) in fiscal years occurring on or after July 1, 2024; and (c) The subsidy provided by this subsection shall be adjusted to reflect the assignment of liabilities based upon the appeal process in KRS 61.565(1)(d)5.; (7) The Council on State Governments (CSG), the Kentucky Educational Television (KET) Foundation, Association of Commonwealth’s Attorneys, the Kentucky High School Athletic Association (KHSAA), the Municipal Power Association of Kentucky, the Kentucky Office of Bar Admissions, the Nursing Home Ombudsman, the Kentucky Association of Regional Programs (KARP), and the Kentucky Association of Sexual Assault Programs are, notwithstanding the provisions of subsections (1) to (6) of this section, exempt from the reporting requirements and from receiving a subsidy to assist in paying employer contribution rates; (8) The provisions of this section shall not obligate the General Assembly to provide any specific level of subsidy to assist in paying employer contributions of any employer covered by this section, and employers shall be responsible for any and all future retirement contributions payable by the employer regardless of the actual amount of subsidy included in future executive branch budgets; and (9) For purposes of this section, “non-core services independent contractor” means a company or business that is not owned or controlled, in whole or in part, by an employer participating in the system, whose business is not limited to providing services to one (1) or more employers participating in the system, but instead also provides services to the general public or other public agencies not participating in the system, which are limited to facilities services, grounds services, custodial services, bookstore services, dining services, construction services, trade or maintenance services, health services for university students and employees of the employer, information technology services, public relation services, photography services, design services, safety services at universities, hospitality services, entertainment production services, mail services, printing and copier services, sports arena and stadium management, farrier services, assistive services at universities such as interpreters or sign language services, or delivery services.", 61,61.600,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Disability retirement.,"(1) Any person may qualify to retire on disability, subject to the following conditions: (a) The person shall have sixty (60) months of service, twelve (12) of which shall be current service credited under KRS 16.543(1), 61.543(1), or 78.615(1); (b) For a person whose membership date is prior to August 1, 2004, the person shall not be eligible for an unreduced retirement allowance; (c) The person’s application shall be on file in the retirement office no later than twenty-four (24) months after the person’s last day of paid employment, as defined in KRS 61.510, in a regular full-time position, as defined in KRS 61.510; and (d) The person shall receive a satisfactory determination pursuant to KRS 61.665. (2) A person’s disability reapplication based on the same claim of incapacity shall be accepted and reconsidered for disability if accompanied by new objective medical evidence. The reapplication shall be on file in the retirement office no later than twenty-four (24) months after the person’s last day of paid employment in a regular full-time position. (3) Upon the examination of the objective medical evidence by licensed physicians pursuant to KRS 61.665, it shall be determined that: (a) The person, since his last day of paid employment, has been mentally or physically incapacitated to perform the job, or jobs of like duties, from which he received his last paid employment. In determining whether the person may return to a job of like duties, any reasonable accommodation by the employer as provided in 42 U.S.C. sec. 12111(9) and 29 C.F.R. Part 1630 shall be considered; (b) The incapacity is a result of bodily injury, mental illness, or disease. For purposes of this section, “injury” means any physical harm or damage to the human organism other than disease or mental illness; (c) The incapacity is deemed to be permanent; and (d) The incapacity does not result directly or indirectly from bodily injury, mental illness, disease, or condition which pre-existed membership in the system or the County Employees Retirement System or reemployment, whichever is most recent. For purposes of this subsection, reemployment shall not mean a change of employment between employers participating in the retirement systems administered by the Kentucky Retirement Systems or the County Employees Retirement System with no loss of service credit. (4) Paragraph (d) of subsection (3) of this section shall not apply if: (a) The incapacity is a result of bodily injury, mental illness, disease, or condition which has been substantially aggravated by an injury or accident arising out of or in the course of employment; or (b) The person has at least sixteen (16) years’ current or prior service for employment with employers participating in the retirement systems administered by the Kentucky Retirement Systems or the County Employees Retirement System. (5) (a) 1. An incapacity shall be deemed to be permanent if it is expected to result in death or can be expected to last for a continuous period of not less than twelve (12) months from the person’s last day of paid employment in a regular full-time position. 2. The determination of a permanent incapacity shall be based on the medical evidence contained in the member’s file and the member’s residual functional capacity and physical exertion requirements. (b) The person’s residual functional capacity shall be the person’s capacity for work activity on a regular and continuing basis. The person’s physical ability shall be assessed in light of the severity of the person’s physical, mental, and other impairments. The person’s ability to walk, stand, carry, push, pull, reach, handle, and other physical functions shall be considered with regard to physical impairments. The person’s ability to understand, remember, and carry out instructions and respond appropriately to supervision, coworkers, and work pressures in a work setting shall be considered with regard to mental impairments. Other impairments, including skin impairments, epilepsy, visual sensory impairments, postural and manipulative limitations, and environmental restrictions, shall be considered in conjunction with the person’s physical and mental impairments to determine residual functional capacity. (c) The person’s physical exertion requirements shall be determined based on the following standards: 1. Sedentary work shall be work that involves lifting no more than ten (10) pounds at a time and occasionally lifting or carrying articles such as large files, ledgers, and small tools. Although a sedentary job primarily involves sitting, occasional walking and standing may also be required in the performance of duties. 2. Light work shall be work that involves lifting no more than twenty (20) pounds at a time with frequent lifting or carrying of objects weighing up to ten (10) pounds. A job shall be in this category if lifting is infrequently required but walking and standing are frequently required, or if the job primarily requires sitting with pushing and pulling of arm or leg controls. If the person has the ability to perform substantially all of these activities, the person shall be deemed capable of light work. A person deemed capable of light work shall be deemed capable of sedentary work unless the person has additional limitations such as the loss of fine dexterity or inability to sit for long periods. 3. Medium work shall be work that involves lifting no more than fifty (50) pounds at a time with frequent lifting or carrying of objects weighing up to twenty-five (25) pounds. If the person is deemed capable of medium work, the person shall be deemed capable of light and sedentary work. 4. Heavy work shall be work that involves lifting no more than one hundred (100) pounds at a time with frequent lifting or carrying of objects weighing up to fifty (50) pounds. If the person is deemed capable of heavy work, the person shall also be deemed capable of medium, light, and sedentary work. 5. Very heavy work shall be work that involves lifting objects weighing more than one hundred (100) pounds at a time with frequent lifting or carrying of objects weighing fifty (50) or more pounds. If the person is deemed capable of very heavy work, the person shall be deemed capable of heavy, medium, light, and sedentary work.", 61,61.605,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Disability retirement allowance.,"(1) Upon disability retirement, except as provided by subsection (2) of this section, an employee may receive an annual retirement allowance payable monthly during his or her lifetime which shall be determined in the same manner as for retirement at his or her normal retirement date with years of service and final compensation being determined as of the date of his or her disability except that service credit shall be added to the person’s total service beginning with his or her last date of paid employment and continuing to his or her sixty-fifth birthday; however, the maximum service credit added shall not exceed the total service the person had upon his or her last day of paid employment, and the maximum combined service credit for calculating his or her disability retirement allowance, including total service and added service, shall not exceed twenty-five (25) years. If, however, a person has accumulated twenty-five (25) or more years of total service, he or she shall receive added service necessary to bring his or her combined service credit, including total and added service, to twenty-seven (27) years. (2) (a) For a member whose participation begins on or after August 1, 2004, but prior to January 1, 2014, the disability retirement allowance shall be the higher of twenty percent (20%) of the member’s monthly final rate of pay or the retirement allowance determined in the same manner as for retirement at his or her normal retirement date with years of service and final compensation being determined as of the date of his disability. (b) For a member who begins participating on or after January 1, 2014, in the hybrid cash balance plan as provided by KRS 61.597, the disability retirement allowance shall be the higher of twenty percent (20%) of the member’s monthly final rate of pay or the retirement allowance determined in the same manner as for retirement at his or her normal retirement date under KRS 61.597.", 61,61.607,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Maximum disability benefit — Determination — Combined payments not increased as a result of legislation — Annual report by disability recipient.,"Notwithstanding any other provisions of KRS 16.505 to 16.652 or 61.510 to 61.705, a maximum disability benefit is hereby established which shall apply, upon disability retirement, to any disabled employee’s account to which service credit is added to determine disability benefits or in any case where disability benefits are determined by computing a percentage of the disabled employee’s final monthly rate of pay or monthly average pay. The maximum disability benefit shall be determined by the following formula: (1) Add the monthly benefit payable to the disabled employee from the Kentucky Retirement Systems and the County Employees Retirement System, using the monthly disability retirement allowance without any reduction due to the selection of an optional payment plan under KRS 61.635 but excluding dependent children’s allowances, if any, to his or her monthly benefit, if any, from Social Security, even though these payments may not begin for a period of time as required for qualification under the federal Social Security law, excluding spouse or dependent benefits, and his or her monthly benefit, if any, from workers’ compensation, even though these payments may not have begun as of the date the disabled member applies for disability retirement benefits, excluding spouse or dependent children’s allowances, from workers’ compensation, to arrive at a projected combined monthly benefit. (2) If the projected combined monthly benefit exceeds one hundred percent (100%) of the disabled employee’s final rate of pay or his or her final compensation, whichever is greater, his or her disability retirement allowance from the Kentucky Retirement Systems and the County Employees Retirement System shall be reduced to an amount which would cause his or her projected combined monthly benefit to equal one hundred percent (100%) of his or her final rate of pay or his or her final compensation, whichever is greater; however, the disability retirement allowance shall not be reduced below an amount which would result from a computation of his or her disability retirement allowance from the Kentucky Retirement Systems and the County Employees Retirement System using the disabled employee’s actual total service. (3) The system may pay estimated benefits to a disabled employee, upon qualification for disability retirement, based on an estimate of his or her Social Security and workers’ compensation benefits until the amounts are actually determined, at which time a final calculation of the member’s actual benefits shall be determined and his or her account corrected retroactive to his or her effective retirement date. (4) Any increase in Social Security benefits or workers’ compensation benefits which becomes law, regardless of their effective date, subsequent to the disabled employee’s effective retirement date, shall not be considered in determination of the maximum benefit payable, as the maximum benefit payable is based on the amount of combined benefits under these programs as of the disabled employee’s effective retirement date. (5) Any disabled recipient whose potential payments from the system were reduced as provided for in this section shall advise the Authority if his or her payments under the Federal Social Security Act or Workers’ Compensation Act cease at any time subsequent to his or her effective retirement date. Upon investigation, if the system determines that the disabled recipient continues to be eligible for disability benefits, the system may increase his or her retirement allowance by adding to his or her payment an amount equal to the reduction applied upon the effective retirement date in accordance with subsection (2) of this section. (6) The amount of combined disability benefit payments made to an individual on or after April 1, 2021, from the Kentucky Retirement Systems or the County Employees Retirement System shall not be increased as a result of the passage of 2021 Ky. Acts ch. 102. (7) Subsequent to his or her effective retirement date, each disability recipient who is still eligible to receive disability payments based upon a total and permanent disability that occurred as a direct result of an act in line of duty as defined in KRS 16.505 or a disablement that occurred as a result of a duty-related injury as defined in KRS 61.621, shall annually file on a form or via an electronic method established by the Authority, information on whether payments to the recipient have ceased or began under the federal Social Security Act or Workers’ Compensation Act and the Authority shall make any necessary adjustments as provided by this section.", 61,61.610,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Employment and medical review after disability retirement — Filing of review forms — Duty of system to assist in obtaining records — Disability fraud investigator.,"(1) Once each year following the retirement of a person on a disability retirement allowance, except for persons who become totally and permanently disabled as a direct result of an act in line of duty as defined in KRS 16.505 or become disabled as a result of a duty-related injury as defined in KRS 61.621 in which case shall be once every three (3) years following retirement, or less frequently as determined by the board’s medical examiner but not less than once every five (5) years, the system may require the person, prior to his or her normal retirement date, to undergo an employment and medical staff review and, if necessary, be required to file at the retirement office on the review form prescribed by the board current employment information and current medical information for the bodily injury, mental illness, or disease for which he or she receives a disability retirement allowance. The person shall have one hundred eighty (180) days from the day the system sent the review form by United States first-class mail to the person’s last address on file in the retirement office, by electronic mail to the person’s last electronic mail address on file in the retirement office, or by other electronic means, to file at the retirement office the review form and the current employment and medical information. The person shall certify to the retirement office that the review form, including current employment and medical information, is ready to be evaluated by the medical examiner in accordance with KRS 61.615. (2) If, after good faith efforts, the person informs the system that he or she has been unable to obtain the employment or medical information, the system shall assist the person in obtaining the records and may use the authority granted pursuant to KRS 61.685(1) to obtain the records. (3) If the person fails or refuses to file at the retirement office the review form, including the current employment and medical information, his or her retirement allowance shall be discontinued or reduced on the first day of the month following the expiration of the one hundred eighty (180) days from the day the system sent the review form by United States first-class mail to the person’s last address on file in the retirement office, by electronic mail to the person’s last electronic mail address on file in the retirement office, or by other electronic means. The Authority shall send notice of the discontinuance or reduction of the disability retirement allowance by United States first-class mail to the person’s last address on file in the retirement office, by electronic mail to the person’s last electronic mail address on file in the retirement office, or by other electronic means. If the person’s benefits are discontinued or reduced under this section, his or her rights to further disability retirement allowances shall cease, except as provided by KRS 61.615. (4) The Kentucky Public Pensions Authority shall hire or contract for the services of one (1) or more investigators to investigate potential fraud involving disability benefits with the system. The investigators shall evaluate potential cases of disability fraud and conduct spot audits for potential fraud as determined by the system in cases involving members who become totally and permanently disabled as a direct result of an act in line of duty as defined in KRS 16.505 or become disabled as a result of a duty-related injury as defined in KRS 61.621.", 61,61.615,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,"Disability retirement allowance — Reduction — Discontinuance — Medical examiners — Hearings and appeals — Early retirement and reinstatement of disability allowance for member who began participating before January 1, 2014.","(1) If the board’s medical examiner determines that a recipient of a disability retirement allowance is, prior to his or her normal retirement date, employed in a position with the same or similar duties, or in a position with duties requiring greater residual functional capacity and physical exertion, as the position from which he or she was disabled, except where the recipient has returned to work on a trial basis not to exceed nine (9) months, the system may reduce or discontinue the retirement allowance. Each recipient of a disability retirement allowance who is engaged in gainful employment shall notify the system of any employment; otherwise, the system shall have the right to recover payments of a disability retirement allowance made during the employment. (2) If the board’s medical examiner determines that a recipient of a disability retirement allowance is, prior to his or her normal retirement date, no longer incapacitated by the bodily injury, mental illness, or disease for which he or she receives a disability retirement allowance, the board may reduce or discontinue the retirement allowance. (3) The system shall have full power and exclusive authority to reduce or discontinue a disability retirement allowance and the system shall utilize the services of a medical examiner as provided in KRS 61.665, in determining whether to continue, reduce, or discontinue a disability retirement allowance under this section. (a) The system shall select a medical examiner to evaluate the forms and medical information submitted by the person. If there is objective medical evidence of a mental impairment, the medical examiner may request the board’s licensed mental health professional to assist in determining the level of the mental impairment. (b) The medical examiners shall be paid a reasonable amount by the retirement system for each case evaluated. (c) The medical examiner shall recommend that disability retirement allowance be continued, reduced, or discontinued. 1. If the medical examiner recommends that the disability retirement allowance be continued, the system shall make retirement payments in accordance with the retirement plan selected by the person. 2. If the medical examiner recommends that the disability retirement allowance be reduced or discontinued, the system shall send notice of the recommendation by United States first-class mail to the person’s last address on file in the retirement office, by electronic mail to the person’s last electronic mail address on file in the retirement office, or by other electronic means. a. The person shall have sixty (60) days from the day that the system sent the notice to file at the retirement office additional supporting employment or medical information and certify to the retirement office that the forms and additional supporting employment information or medical information are ready to be evaluated by the medical examiner or to appeal the recommendation of the medical examiner to reduce or discontinue the disability retirement allowance by filing at the retirement office a request for a formal hearing. b. If the person fails or refuses to file at the retirement office the forms, the additional supporting employment information, and current medical information or to appeal the recommendation of the medical examiners to reduce or discontinue the disability retirement allowance, his or her retirement allowance shall be discontinued on the first day of the month following the expiration of the period of the sixty (60) days from the day the system sent the notice of the recommendation by United States first-class mail to the person’s last address on file in the retirement office, by electronic mail to the person’s last electronic mail address on file in the retirement office, or by other electronic means. (d) The medical examiner shall make a recommendation based upon the evaluation of additional supporting medical information submitted in accordance with paragraph (c)2.a. of this subsection. 1. If the medical examiner recommends that the disability retirement allowance be continued, the system shall make disability retirement payments in accordance with the retirement plan selected by the person. 2. If the medical examiner recommends that the disability retirement allowance be reduced or discontinued based upon the evaluation of additional supporting medical information, the system shall send notice of this recommendation by United States first-class mail to the person’s last address on file in the retirement office, by electronic mail to the person’s last electronic mail address on file in the retirement office, or by other electronic means. a. The person shall have sixty (60) days from the day that the system sent the notice of the recommendation to appeal the recommendation to reduce or discontinue the disability retirement allowance by filing at the retirement office a request for formal hearing. b. If the person fails or refuses to appeal the recommendation of the medical examiners to reduce or discontinue the disability retirement allowance, his or her retirement allowance shall be discontinued on the first day of the month following the expiration of the period of the sixty (60) days from the day the system sent the notice of the recommendation by United States first-class mail to the person’s last address on file in the retirement office, by electronic mail to the person’s last electronic mail address on file in the retirement office, or by other electronic means. (e) Any person whose disability benefits have been reduced or discontinued, pursuant to paragraph (c)2. or (d)2. of this subsection, may file at the retirement office a request for formal hearing to be conducted in accordance with KRS Chapter 13B. The right to demand a formal hearing shall be limited to a period of sixty (60) days after the person had notice, as described in paragraph (c) or (d) of this subsection. The request for formal hearing shall be filed with the system, at the retirement office in Frankfort. The request for formal hearing shall include a short and plain statement of the reasons the reduction, discontinuance, or denial of disability retirement is being contested. (f) Failure of the person to request a formal hearing within the period of time specified shall preclude the person from proceeding any further with contesting the reduction or discontinuation of disability retirement allowance, except as provided in subsection (6)(d) of this section. This paragraph shall not limit the person’s right to appeal to a court. (g) A final order of the board shall be based on substantial evidence appearing in the record as a whole and shall set forth the decision of the board and the facts and law upon which the decision is based. If the board orders that the person’s disability retirement allowance be discontinued or reduced, the order shall take effect on the first day of the month following the day the system sent the order by United States first-class mail to the person’s last address on file in the retirement office, by electronic mail to the person’s last electronic mail address on file in the retirement office, or by other electronic means. Judicial review of the final board order shall not operate as a stay and the system shall discontinue or reduce the person’s disability retirement allowance as provided in this section. (h) Notwithstanding any other provisions of this section, the system may require the person to submit to one (1) or more medical or psychological examinations at any time. The system shall be responsible for any costs associated with any examinations of the person requested by the medical examiner or the system for the purpose of providing medical information deemed necessary by the medical examiner or the system. Notice of the time and place of the examination shall be provided to the person or his or her legal representative. If the person fails or refuses to submit to one (1) or more medical examinations, his or her rights to further disability retirement allowance shall cease. (i) All requests for a hearing pursuant to this section shall be made in writing. (4) The board may establish an appeals committee whose members shall be appointed by the chair and who shall have the authority to act upon the recommendations and reports of the hearing officer pursuant to this section on behalf of the board. (5) Any person aggrieved by a final order of the board may seek judicial review after all administrative appeals have been exhausted by filing a petition for judicial review in the Franklin Circuit Court in accordance with KRS Chapter 13B. (6) If a disability retirement allowance is reduced or discontinued for a person who began participating in the system prior to January 1, 2014, the person may apply for early retirement benefits as provided under KRS 61.559, subject to the following provisions: (a) The person may not change his or her beneficiary or payment option, except as provided by KRS 61.542(5); (b) If the person has returned to employment with an employer participating in one (1) of the systems administered by Kentucky Retirement Systems, the service and creditable compensation shall be used in recomputing his or her benefit, except that the person’s final compensation shall not be less than the final compensation last used in determining his or her retirement allowance; (c) The benefit shall be reduced as provided by KRS 61.595(2); (d) The person shall remain eligible for reinstatement of his or her disability allowance upon reevaluation by the medical review board until his or her normal retirement age. The person shall apply for reinstatement of disability benefits in accordance with the provisions of this section. An application for reinstatement of disability benefits shall be administered as an application under KRS 61.600, and only the bodily injuries, mental illnesses, diseases, or conditions for which the person was originally approved for disability benefits shall be considered. Bodily injuries, mental illnesses, diseases, or conditions that came into existence after the person’s last day of paid employment shall not be considered as a basis for reinstatement of disability benefits. Bodily injuries, mental illnesses, diseases, or conditions alleged by the person as being incapacitating, but which were not the basis for the award of disability retirement benefits, shall not be considered. If the person establishes that the disability benefits should be reinstated, the retirement system shall pay disability benefits effective from the first day of the month following the month in which the person applied for reinstatement of the disability benefits; and (e) Upon attaining normal retirement age, the person shall receive the higher of either his or her disability retirement allowance or his or her early retirement allowance. (7) If a disability retirement allowance is reduced or discontinued for a person who began participating in the system on or after January 1, 2014, the person shall remain eligible for reinstatement of his or her disability allowance as provided under subsection (6)(d) of this section. (8) No disability retirement allowance shall be reduced or discontinued by the system after the person’s normal retirement date except in case of reemployment as provided for by KRS 61.637. If a disability retirement allowance has been reduced or discontinued, except if the person is reemployed as provided for by KRS 61.637, the retirement allowance shall be reinstated upon attainment of the person’s normal retirement date to the retirement allowance prior to adjustment. No reinstated payment shall be less than the person is receiving upon attainment of the person’s normal retirement date.", 61,61.620,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Disability retirement allowance — Cessation — Effect of reemployment. [Repealed.],, 61,61.621,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Fred Capps Memorial Act — Eligibility for benefits for duty-related injury — Benefits for surviving spouse and dependent children — Receipt of benefits pending final determination.,"(1) Notwithstanding any provision of any statutes to the contrary, effective June 1, 2000, any employee participating in one (1) of the state-administered retirement systems who is not in a hazardous duty position, as defined in KRS 61.592 or 78.5520, shall be eligible for minimum benefits equal to the benefits payable under this section or KRS 61.702 or 78.5536, as applicable, if the employee dies or becomes totally and permanently disabled to engage in any occupation for remuneration or profit as a result of a duty-related injury. (2) (a) For purposes of this section, “duty-related injury” means: 1. a. A single traumatic event that occurs while the employee is performing the duties of his or her position; or b. A single act of violence committed against the employee that is found to be related to his or her job duties, whether or not it occurs at his or her job site; and 2. The event or act of violence produces a harmful change in the human organism evidenced by objective medical findings. (b) “Duty-related injury” does not include the effects of the natural aging process, a communicable disease unless the risk of contracting the disease is increased by nature of the employment, or a psychological, psychiatric, or stress-related change in the human organism unless it is the direct result of a physical injury. (3) (a) If the employee dies as a result of a duty-related injury and is survived by a spouse, the surviving spouse shall be the beneficiary, and this shall supersede the designation of all previous beneficiaries of the deceased employee’s retirement account, except as provided in KRS 61.542(2)(e). (b) The surviving spouse, provided he or she supersedes all previously designated beneficiaries, may elect to receive the benefits payable under KRS 61.640 or other applicable death benefit statutes, or may elect to receive a lump-sum payment of ten thousand dollars ($10,000) and a monthly payment equal to seventy-five percent (75%) of the member’s monthly average pay beginning in the month following the member’s death and continuing each month until the death of the surviving spouse. (c) In addition, if the member is also survived by dependent children, monthly payments shall be made for each dependent child equal to ten percent (10%) of the deceased member’s monthly average pay, except that the combined maximum payment made to the: 1. Surviving spouse and dependent children under this subsection shall not exceed one hundred percent (100%) of the deceased member’s monthly average pay; and 2. Dependent children, while the surviving spouse is living, shall not exceed twenty-five percent (25%) of the deceased member’s monthly average pay. Payments made to the dependent children under this subsection shall be divided equally among all the dependent children. (4) If the employee dies as a result of a duty-related injury and is not survived by a spouse but is survived by a dependent child or children, the following benefits shall be paid to the dependent child or children: (a) Fifty percent (50%) of the deceased member’s monthly average pay, if the deceased member has one (1) dependent child; (b) Sixty-five percent (65%) of the deceased member’s monthly average pay, if the deceased member has two (2) dependent children; or (c) Seventy-five percent (75%) of the deceased member’s monthly average pay, if the deceased member has three (3) or more dependent children. Payments made to the dependent children under this subsection shall be divided equally among all the dependent children. (5) If the employee is determined to be disabled as provided in KRS 61.600, or other applicable disability statutes in any other state-administered retirement system, as the result of a duty-related injury, the employee may elect to receive benefits determined under the provisions of KRS 61.605, or other applicable disability statutes in any other state-administered retirement system, except that: (a) If an employee is working in a nonhazardous position that could be certified as a hazardous position based upon KRS 61.592, the monthly retirement allowance shall not be less than seventy-five percent (75%) of the employee’s monthly average pay; or (b) If an employee is working in a nonhazardous position that could not be certified as a hazardous position based upon KRS 61.592, the monthly retirement allowance shall not be less than twenty-five percent (25%) of the employee’s monthly final rate of pay. For purposes of determining a disability that is the result of a duty related injury, the service requirement in KRS 61.600(1)(a), or other applicable statutes in any other state-administered retirement system, shall be waived. (6) (a) In the period of time following the disability of a member covered by subsection (5)(a) of this section during which dependent children survive, a monthly payment shall be made for each dependent child who is alive which shall be equal to ten percent (10%) of the disabled member’s monthly average pay, except that: 1. Member and dependent children payments under this section shall not exceed one hundred percent (100%) of the member’s monthly average pay; and 2. Total maximum dependent children’s benefits shall not exceed twenty-five percent (25%) of the member’s monthly average pay while the member is living and forty percent (40%) of the disabled member’s monthly average pay after the member’s death. The payment shall commence in the month following the date of disability of the member and shall be payable to the dependent children, or to a legally appointed guardian, or as directed by the system and shall be divided equally among all dependent children. (b) In the period of time following the disability of a member covered by subsection (5)(b) of this section during which dependent children survive, a monthly payment shall be made for each dependent child who is alive which shall be equal to ten percent (10%) of the disabled member’s monthly final rate of pay; except that total maximum dependent children’s benefits shall not exceed forty percent (40%) of the disabled member’s monthly final rate of pay at the time any particular payment is due. The payment shall commence in the month following the date of disability of the member and shall be payable to the dependent children, or to a legally appointed guardian, or as directed by the system. (7) Benefits for death as a result of a duty-related injury to a dependent child shall be payable under this section notwithstanding an election by a surviving spouse or beneficiary to withdraw the deceased member’s accumulated account balance as provided in KRS 61.625 or benefits under any other provisions of KRS 61.515 to 61.705 or other applicable death benefit statutes in any other state-administered retirement system. (8) (a) A spouse applying for benefits under this section who is also eligible for benefits under KRS 61.640 or 78.5532 may elect to receive benefits under KRS 61.640(2)(a) or (b) or 78.5532(2)(a) or (b) while the application for benefits under this section is pending. (b) If a final determination results in a finding of eligibility for benefits under this section, the system shall recalculate the benefits due the spouse in accordance with this subsection. (c) If the spouse has been paid less than the amount of benefits to which the spouse was entitled to receive under this section, the system shall pay the additional funds due to the spouse. (d) If the spouse has been paid more than the benefit the spouse was eligible to receive under this section, then the system shall deduct the amount owed by the spouse from the ten thousand dollars ($10,000) lump-sum payment and from the monthly retirement allowance payments until the amount owed to the systems has been recovered. (9) For purposes of this section, “dependent child” has the same meaning as in KRS 16.505. (10) This section shall be known as “The Fred Capps Memorial Act.”", 61,61.623,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Electronic fund transfer of retirement allowance required — Exceptions.,"(1) A recipient who begins receiving a retirement allowance August 1, 2000, or after, from the Kentucky Employees Retirement System, the County Employees Retirement System, or the State Police Retirement System shall have the retirement allowance paid by electronic fund transfer to a financial institution designated by the recipient except as provided by subsection (5) of this section. (2) When an individual becomes eligible to receive a monthly retirement allowance, the retirement system shall provide an authorization for deposit of retirement payment form to the recipient to have the monthly retirement allowance deposited to an account in a financial institution. (3) The recipient shall provide the information and authorization required for the electronic transfer of funds from the State Treasurer’s office to the designated financial institution. (4) At any time while receiving a retirement allowance, the recipient may change the designated institution by completing a new authorization for deposit of retirement payment form and filing the form at the retirement office in Frankfort. The last authorization for deposit of retirement payment on file at the retirement office shall control the electronic transfer of the recipient’s retirement allowance. (5) (a) A recipient may request to be paid by check issued by the State Treasurer instead of by electronic transfer by completing and filing at the retirement office a request for payment by check form. (b) The request shall be approved if: 1. The recipient certifies that he does not currently have an account with a financial institution; or 2. The recipient’s bank certifies that it does not participate in the electronic funds transfer program. (c) The retirement office shall, every five (5) years, require the recipient to certify that the original conditions under which he requested payment by check continue. If the original conditions do not exist, the recipient shall complete an authorization for direct deposit of retirement payment form and file it with the retirement office.", 61,61.625,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Refund of account balance or contributions.,"(1) (a) Prior to the member’s effective retirement date, a member if living, or if not living, his designated beneficiary, shall have the right to request a refund of his accumulated account balance if the member’s employment has been terminated and the member is not participating in the same system. (b) Upon the death of a member occurring on or after his or her effective retirement date, the member’s beneficiary shall have the right to request a refund of the member’s accumulated contributions, reduced by the amount of any retirement allowances previously received. (2) Payments made under this section shall be in lieu of any other benefits due for the period of service under any of the provisions of KRS 16.505 to 16.652, 61.510 to 61.705, and 78.510 to 78.852, unless the period of service is regained as provided under KRS 61.552. Payments of taxable distributions made pursuant to this section shall be subject to state and federal tax as appropriate. (3) A refund of contributions of members whose benefits have been terminated pursuant to KRS 6.696 shall be governed by that section. (4) A refund of contributions to members whose benefits have been terminated pursuant to KRS 61.535(3) shall be governed by the provisions of that subsection.", 61,61.626,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Transfer of contributions — Conditions. [Repealed.],, 61,61.630,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Death after retirement — Refund of contributions.,"(1) If a retired member who did not elect an optional retirement plan dies at any time on or after the first day of the month in which the member received or would have received his or her first retirement allowance but before receiving total retirement allowances provided in KRS 16.510 to 16.652, KRS 61.515 to 61.705, and KRS 78.520 to 78.852 at least equal to his accumulated contributions as of the date of his or her retirement, the difference between the accumulated contributions and the total allowances shall be payable in a lump sum to the properly designated beneficiary. Except as otherwise provided by KRS 61.542(5), if a living person designated as the beneficiary predeceases the retired member, the estate shall become the beneficiary. Except as otherwise provided by KRS 61.542(5), if a spouse designated as the beneficiary is divorced from the retired member as of the member’s death, the estate shall become the beneficiary. (2) If a retired member who elected an optional retirement plan and his or her beneficiary both die at any time on or after the first day of the month in which the member received or would have received his or her first retirement allowance but before receiving total retirement allowances provided in KRS 16.510 to 16.652, KRS 61.515 to 61.705, and KRS 78.520 to 78.852 at least equal to the retired member’s accumulated contributions as of the date of his or her retirement, the difference between the accumulated contributions and the total allowances shall be payable in a lump sum to the estate of the last deceased, except that the retired member’s estate shall receive the payment if the beneficiary was the spouse and they were divorced as of the date of the member’s death. If the retired member and beneficiary die simultaneously, the estate of the retired member shall become the beneficiary. (3) If a beneficiary receiving a lifetime retirement allowance under KRS 16.578 or 61.640 dies before receiving total retirement allowances provided in KRS 16.510 to 16.652, KRS 61.515 to 61.705, and KRS 78.520 to 78.852 at least equal to the member’s accumulated contributions as of the date of the member’s death, the difference between the accumulated contributions and the total allowances shall be payable in a lump sum to the estate of the beneficiary. (4) If a beneficiary receiving a retirement allowance for sixty (60) or one hundred twenty (120) months certain under KRS 16.576, 16.578, or 61.640, or a beneficiary receiving a retirement allowance under KRS 61.635(5), (6), or (7), dies before receiving all payments under the plan, the executor or administrator of his or her estate shall receive a lump sum payment which shall be the actuarial equivalent to the remaining payments. (5) If the system is unable to verify a recipient’s whereabouts or whether the recipient is living, the system shall suspend the recipient’s retirement allowance. If the recipient is located, the system shall restore to the recipient all suspended retirement allowances.", 61,61.635,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Optional retirement plans.,"(1) Each member shall have the right to elect to have his or her retirement allowance payable under any one (1) of the options set forth in this section in lieu of the retirement allowance otherwise payable to the member upon retirement under any of the provisions of KRS 16.505 to 16.652, 61.510 to 61.705, and 78.510 to 78.852. The amount of any optional retirement allowance shall be actuarially equivalent to the amount of retirement allowance otherwise payable to the member. (2) Survivorship one hundred percent (100%). The member may elect to receive a decreased retirement allowance during his or her lifetime and have the retirement allowance continued after the member’s death to his or her beneficiary during the lifetime of the person. (3) Survivorship sixty-six and two-thirds percent (66-2/3%). The member may elect to receive a decreased retirement allowance during his or her lifetime and have two-thirds (2/3) of the retirement allowance continue after the member’s death to his or her beneficiary during the lifetime of the person. (4) Survivorship fifty percent (50%). The member may elect to receive a decreased retirement allowance during his or her lifetime and have one-half (1/2) of the retirement allowance continued after the member’s death to his or her beneficiary during the lifetime of the person. (5) Life with ten (10) years certain. The member less than age seventy-six (76) may elect to receive a monthly retirement allowance during his or her lifetime which shall guarantee payments for one hundred twenty (120) months. If the member dies before receiving payments for one hundred twenty (120) months, the member’s beneficiary shall receive the remaining payments monthly, for the duration of the one hundred twenty (120) months’ period. However, if the trust is designated as beneficiary, the trustee of the trust may elect to receive a lump-sum payment which shall be the actuarial equivalent to the remaining payments, or the trustee may elect to continue the remaining monthly payments to the trust of the member. If the estate is designated as beneficiary, the estate shall receive a lump-sum payment which shall be the actuarial equivalent to the remaining payments. (6) Life with fifteen (15) years certain. The member less than age sixty-eight (68) may elect to receive a monthly retirement allowance during his or her lifetime which shall guarantee payments for one hundred eighty (180) months. If the member dies before receiving payments for one hundred eighty (180) months, the member’s beneficiary shall receive the remaining payments monthly for the duration of the one hundred eighty (180) months’ period. However, if the trust is designated as beneficiary, the trustee of the trust may elect to receive a lump-sum payment which shall be the actuarial equivalent to the remaining payments, or the trustee may elect to continue the remaining payments to the trust of the member. If the estate is designated as beneficiary, the estate shall receive a lump-sum payment which shall be the actuarial equivalent to the remaining payments. (7) Life with twenty (20) years certain. The member less than age sixty-two (62) may elect to receive a monthly retirement allowance during his or her lifetime which shall guarantee payments for two hundred forty (240) months. If the member dies before receiving payments for two hundred forty (240) months, the member’s beneficiary shall receive the remaining payments for the duration of the two hundred forty (240) months period. However, if the trust is beneficiary, the trustee of the trust may elect to receive a lump-sum payment which shall be the actuarial equivalent to the remaining payments, or the trustee may elect to continue the remaining payments to the trust of the member. If the estate is designated as beneficiary, the estate shall receive a lump-sum payment which shall be the actuarial equivalent to the remaining payments. (8) Social Security adjustment options. These options shall be available to any member who has not attained age sixty-two (62) as follows: (a) No survivor rights. The member may elect to receive an increased retirement allowance from his or her effective retirement date through the month he or she attains age sixty-two (62) at which time his retirement allowance shall be decreased for the remainder of his or her lifetime; (b) Survivor rights. The member may elect to receive an increased retirement allowance from his or her effective retirement date through the month he attains age sixty-two (62) based on the option payable under subsection (2) of this section, if the retirement allowance shall be decreased in the month following the month he or she attains age sixty-two (62), or the month following the month he or she would have attained age sixty-two (62), in event of the member’s death, and have the retirement allowance continue after the member’s death to his or her beneficiary during the lifetime of the person. (9) Beneficiary Social Security adjustment option. This option is available to the beneficiary of a deceased member if the beneficiary, who is a person, has not attained age sixty (60), and is eligible to receive Social Security payments at age sixty (60). The beneficiary may elect to receive during his or her lifetime an increased retirement allowance based on his or her annual benefit payable for life. The payment shall begin on his or her effective retirement date and continue through the month he or she attains age sixty (60) at which time his or her retirement allowance shall be decreased for the remainder of his or her lifetime. (10) Pop-up option. The member may elect to receive a decreased retirement allowance during his or her lifetime and have the retirement allowance continued after the member’s death to his or her beneficiary during the lifetime of the person. If the beneficiary dies prior to the member, or if the beneficiary is the member’s spouse and they divorce, the member’s retirement allowance shall increase to the amount that would have been payable as a single life annuity. (11) Actuarial equivalent refund. A member who began participating in the system prior to January 1, 2014, may elect to receive a one (1) time lump-sum payment which shall be the actuarial equivalent of the amount payable for a period of sixty (60) months under KRS 61.595 (1). (12) Partial lump-sum option. (a) No survivor rights. A member retiring on or before January 1, 2009, may elect to receive a one-time lump-sum payment equal to twelve (12), twenty-four (24), or thirty-six (36) monthly retirement allowances payable under the applicable retirement formula for the system and receive a reduced monthly retirement allowance payable for his or her lifetime. The lump-sum payment shall be paid in the month the first monthly retirement allowance is payable. (b) Survivor rights. A member retiring on or before January 1, 2009, may elect to receive a one-time lump-sum payment equal to twelve (12), twenty-four (24), or thirty-six (36) monthly retirement allowances payable under subsection (2) of this section and receive a reduced monthly retirement allowance payable for his or her lifetime. The lump-sum payment shall be paid in the month the first monthly retirement allowance is payable. The reduced retirement allowance shall be continued after the member’s death to his or her beneficiary during the lifetime of the person. (13) The other provisions of this section notwithstanding, the beneficiary of a retired member of the General Assembly shall, after the member’s death, receive sixty-six and two-thirds percent (66-2/3%) of the member’s retirement allowance during his or her lifetime if the member of the General Assembly began participating in the system prior to January 1, 2014, and has elected this option and has made contributions in accordance with subsection (14) of this section and of KRS 61.560. The retirement allowance of the retired member of the General Assembly shall not be actuarially reduced to provide for this survivor benefit. (14) A member of the General Assembly who began participating in the system prior to January 1, 2014, who wishes to obtain the survivorship option specified in subsection (13) of this section shall so notify the Kentucky Public Pensions Authority: (a) Within thirty (30) days after first becoming a member of the General Assembly if he or she is not a member of the General Assembly on July 15, 1980; or (b) Within thirty (30) days after July 15, 1980, if he or she is a member of the General Assembly on July 15, 1980. (15) The system shall forward to members of the General Assembly a form on which a member who began participating in the system prior to January 1, 2014, may elect the option provided for in subsections (13) and (14) of this section. (16) The options described in subsections (2), (3), (4), (8)(b), (10), (12)(b), and (13) of this section shall be extended to the member only if the designated beneficiary is a person.", 61,61.637,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,"Suspension of retirement payments on reemployment — Reinstatement — Recomputation of allowance — Waiver of provisions in certain instances — Reemployment in a different position — Effect of reemployment of retired member — Retired member serving as volunteer, independent contractor, or leased employee — Effect of reelection for same office — Resignation not required of certain mayors and city legislative body members to draw benefits — Certification of absence of prearranged agreement or qualification as independent contractor or leased employee — Forms.","(1) A retired member who is receiving monthly retirement payments under any of the provisions of KRS 61.510 to 61.705 and 78.510 to 78.852 and who is reemployed as an employee by a participating agency prior to August 1, 1998, shall have his or her retirement payments suspended for the duration of reemployment. Monthly payments shall not be suspended for a retired member who is reemployed if he or she anticipates that he or she will receive less than the maximum permissible earnings as provided by the Federal Social Security Act in compensation as a result of reemployment during the calendar year. The payments shall be suspended at the beginning of the month in which the reemployment occurs. (2) Employer and employee contributions shall be made as provided in KRS 61.510 to 61.705 and 78.510 to 78.852 on the compensation paid during reemployment, except where monthly payments were not suspended as provided in subsection (1) of this section or would not increase the retired member’s last monthly retirement allowance by at least one dollar ($1), and the member shall be credited with additional service credit. (3) In the month following the termination of reemployment, retirement allowance payments shall be reinstated under the plan under which the member was receiving payments prior to reemployment. (4) (a) Notwithstanding the provisions of this section, the payments suspended in accordance with subsection (1) of this section shall be paid retroactively to the retired member, or his or her estate, if he or she does not receive more than the maximum permissible earnings as provided by the Federal Social Security Act in compensation from participating agencies during any calendar year of reemployment. (b) If the retired member is paid suspended payments retroactively in accordance with this section, employee contributions deducted during his or her period of reemployment, if any, shall be refunded to the retired employee, and no service credit shall be earned for the period of reemployment. (c) If the retired member is not eligible to be paid suspended payments for his or her period of reemployment as an employee, his or her retirement allowance shall be recomputed under the plan under which the member was receiving payments prior to reemployment as follows: 1. The retired member’s final compensation shall be recomputed using creditable compensation for his or her period of reemployment; however, the final compensation resulting from the recalculation shall not be less than that of the member when his or her retirement allowance was last determined; 2. If the retired member initially retired on or subsequent to his or her normal retirement date, his or her retirement allowance shall be recomputed by using the formula in KRS 61.595(1); 3. If the retired member initially retired prior to his or her normal retirement date, his or her retirement allowance shall be recomputed using the formula in KRS 61.595(2), except that the member’s age used in computing benefits shall be his or her age at the time of his or her initial retirement increased by the number of months of service credit earned for service performed during reemployment; 4. The retirement allowance payments resulting from the recomputation under this subsection shall be payable in the month following the termination of reemployment in lieu of payments under subparagraph 3. of this paragraph. The member shall not receive less in benefits as a result of the recomputation than he or she was receiving prior to reemployment or would receive as determined under KRS 61.691; and 5. Any retired member who was reemployed prior to March 26, 1974, shall begin making contributions to the system in accordance with the provisions of this section on the first day of the month following March 26, 1974. (5) A retired member, or his or her estate, shall pay to the retirement fund the total amount of payments which are not suspended in accordance with subsection (1) of this section if the member received more than the maximum permissible earnings as provided by the Federal Social Security Act in compensation from participating agencies during any calendar year of reemployment, except the retired member or his or her estate may repay the lesser of the total amount of payments which were not suspended or fifty cents ($0.50) of each dollar earned over the maximum permissible earnings during reemployment if under age sixty-five (65), or one dollar ($1) for every three dollars ($3) earned if over age sixty-five (65). (6) (a) “Reemployment” or “reinstatement” as used in this section shall not include a retired member who has been ordered reinstated by the Personnel Board under authority of KRS 18A.095. (b) A retired member who has been ordered reinstated by the Personnel Board under authority of KRS 18A.095 or by court order or by order of the Human Rights Commission and accepts employment by an agency participating in the Kentucky Employees Retirement System or County Employees Retirement System shall void his or her retirement by reimbursing the system in the full amount of his or her retirement allowance payments received. (7) (a) Effective August 1, 1998, the provisions of subsections (1) to (4) of this section shall no longer apply to a retired member who is reemployed in a position covered by the same retirement system from which the member retired. Reemployed retired members shall be treated as new members upon reemployment. Any retired member whose reemployment date preceded August 1, 1998, who does not elect, within sixty (60) days of notification by the retirement systems, to remain under the provisions of subsections (1) to (4) of this section shall be deemed to have elected to participate under this subsection. (b) A retired member whose disability retirement was discontinued pursuant to KRS 61.615 and who is reemployed in one (1) of the systems administered by the Kentucky Retirement Systems or County Employees Retirement System prior to his or her normal retirement date shall have his or her accounts combined upon termination for determining eligibility for benefits. If the member is eligible for retirement, the member’s service and creditable compensation earned as a result of his or her reemployment shall be used in the calculation of benefits, except that the member’s final compensation shall not be less than the final compensation last used in determining his or her retirement allowance. The member shall not change beneficiary or payment option designations. This provision shall apply to members reemployed on or after August 1, 1998. (8) If a retired member accepts employment or begins serving as a volunteer with an employer participating in the systems administered by Kentucky Retirement Systems or County Employees Retirement System within twelve (12) months of his or her retirement date, the retired member shall notify the Authority and the participating employer shall submit the information required or requested by the Authority to confirm the individual’s employment or volunteer status. The retired member shall not be required to notify the Authority regarding any employment or volunteer service with a participating agency that is accepted after twelve (12) months following his or her retirement date. (9) If the retired member is under a contract to provide services as an independent contractor or leased employee to an employer participating in the systems administered by Kentucky Retirement Systems or County Employees Retirement System within twelve (12) months of his or her retirement date, the member shall submit a copy of that contract to the Authority, and the Authority shall determine if the member is an independent contractor or leased employee for purposes of retirement benefits. The retired member and the participating employer shall submit the information required or requested by the Authority to confirm the individual’s status as an independent contractor or leased employee. The retired member shall not be required to notify the Authority regarding any services entered into as an independent contractor or leased employee with a participating agency that the employee enters into after twelve (12) months following his or her retirement date. (10) If a member is receiving a retirement allowance, or has filed the forms required for a retirement allowance, and is employed within one (1) month of the member’s initial retirement date in a position that is required to participate in the same retirement system from which the member retired, the member’s retirement shall be voided and the member shall repay to the retirement system all benefits received. The member shall contribute to the member account established for him or her prior to his or her voided retirement. The retirement allowance for which the member shall be eligible upon retirement shall be determined by total service and creditable compensation. (11) (a) If a member of the Kentucky Employees Retirement System retires from a department which participates in more than one (1) retirement system and is reemployed within one (1) month of his or her initial retirement date by the same department in a position participating in another retirement system, the retired member’s retirement allowance shall be suspended for the first month of his or her retirement, and the member shall repay to the retirement system all benefits received for the month. (b) A retired member of the County Employees Retirement System who after initial retirement is hired by the county from which the member retired shall be considered to have been hired by the same employer. (12) (a) If a hazardous member who retired prior to age fifty-five (55), or a nonhazardous member who retired prior to age sixty-five (65), is reemployed within six (6) months of the member’s termination by the same employer, the member shall obtain from his or her previous and current employers a copy of the job description established by the employers for the position and a statement of the duties performed by the member for the position from which he or she retired and for the position in which he or she has been reemployed. (b) The job descriptions and statements of duties shall be filed with the retirement office. (13) If the retirement system determines that the retired member has been employed in a position with the same principal duties as the position from which the member retired: (a) The member’s retirement allowance shall be suspended during the period that begins on the month in which the member is reemployed and ends six (6) months after the member’s termination; (b) The retired member shall repay to the retirement system all benefits paid from systems administered by Kentucky Retirement Systems or County Employees Retirement System under reciprocity, including medical insurance benefits, that the member received after reemployment began; (c) Upon termination, or subsequent to expiration of the six (6) month period from the date of termination, the retired member’s retirement allowance based on his or her initial retirement account shall no longer be suspended, and the member shall receive the amount to which he or she is entitled, including an increase as provided by KRS 61.691; (d) Except as provided in subsection (7) of this section, if the position in which a retired member is employed after initial retirement is a regular full-time position, the retired member shall contribute to a second member account established for him or her in the retirement system. Service credit gained after the member’s date of reemployment shall be credited to the second member account; and (e) Upon termination, the retired member shall be entitled to benefits payable from his or her second retirement account. (14) (a) If the retirement system determines that the retired member has not been reemployed in a position with the same principal duties as the position from which he or she retired, the retired member shall continue to receive his or her retirement allowance. (b) If the position is a regular full-time position, the member shall contribute to a second member account in the retirement system. (15) (a) If a retired member is reemployed at least one (1) month after initial retirement in a different position, or at least six (6) months after initial retirement in the same position, and prior to normal retirement age, the retired member shall contribute to a second member account in the retirement system and continue to receive a retirement allowance from the first member account. (b) Service credit gained after reemployment shall be credited to the second member account. Upon termination, the retired member shall be entitled to benefits payable from the second member account. (16) A retired member who is reemployed and contributing to a second member account shall not be eligible to purchase service credit under any of the provisions of KRS 16.505 to 16.652, 61.510 to 61.705, or 78.510 to 78.852 which he or she was eligible to purchase prior to his or her initial retirement. (17) Notwithstanding any provision of subsections (1) to (7)(a) and (10) to (15) of this section, the following shall apply to retired members who are reemployed by an agency participating in one (1) of the systems administered by Kentucky Retirement Systems or County Employees Retirement System on or after September 1, 2008: (a) Except as provided by paragraphs (c) and (d) of this subsection, if a member is receiving a retirement allowance from one (1) of the systems administered by Kentucky Retirement Systems or County Employees Retirement System, or has filed the forms required to receive a retirement allowance from one (1) of the systems administered by Kentucky Retirement Systems or County Employees Retirement System, and is employed in a regular full-time position required to participate in one (1) of the systems administered by Kentucky Retirement Systems or County Employees Retirement System or is employed in a position that is not considered regular full-time with an agency participating in one (1) of the systems administered by Kentucky Retirement Systems or County Employees Retirement System within three (3) months following the member’s initial retirement date, the member’s retirement shall be voided, and the member shall repay to the retirement system all benefits received, including any health insurance benefits. If the member is returning to work in a regular full-time position required to participate in one (1) of the systems administered by Kentucky Retirement Systems: 1. The member shall contribute to a member account established for him or her in one (1) of the systems administered by Kentucky Retirement Systems or County Employees Retirement System, and employer contributions shall be paid on behalf of the member by the participating employer; and 2. Upon subsequent retirement, the member shall be eligible for a retirement allowance based upon total service and creditable compensation, including any additional service or creditable compensation earned after his or her initial retirement was voided; (b) Except as provided by paragraphs (c) and (d) of this subsection, if a member is receiving a retirement allowance from one (1) of the systems administered by Kentucky Retirement Systems or County Employees Retirement System and is employed in a regular full-time position required to participate in one (1) of the systems administered by Kentucky Retirement Systems or County Employees Retirement System after a three (3) month period following the member’s initial retirement date, the member may continue to receive his or her retirement allowance during the period of reemployment subject to the following provisions: 1. If a member is reemployed by a participating agency within twelve (12) months of the member’s retirement date, the participating agency shall certify in writing on a form prescribed by the Authority that no prearranged agreement existed between the employee and agency prior to the employee’s retirement for the employee to return to work with the participating agency. If an elected official is reelected to a new term of office in the same position as the elected official held prior to retirement and takes office within twelve (12) months of his or her retirement date, he or she shall be deemed by the Authority as having a prearranged agreement under the provisions of this subparagraph and shall have his or her retirement voided. If the participating agency fails to complete the certification, the member’s retirement shall be voided and the provisions of paragraph (a) of this subsection shall apply to the member and the employer. Employment that is accepted by the retired member after twelve (12) months following the member’s retirement date shall not constitute a prearranged agreement under this paragraph; 2. Notwithstanding any other provision of KRS Chapter 16, 61, or 78 to the contrary, the member shall not contribute to the systems and shall not earn any additional benefits for any work performed during the period of reemployment; 3. Except as provided by KRS 70.291 to 70.293, 95.022, and 164.952 and except for any retiree employed as a school resource officer as defined by KRS 158.441, the employer shall pay employer contributions as specified by KRS 61.565, 61.702, and 78.635, as applicable, on all creditable compensation earned by the employee during the period of reemployment. The additional contributions paid shall be used to reduce the unfunded actuarial liability of the systems; and 4. Except as provided by KRS 70.291 to 70.293, 95.022, and 164.952 and except for any retiree employed as a school resource officer as defined by KRS 158.441, the employer shall be required to reimburse the systems for the cost of the health insurance premium paid by the systems to provide coverage for the retiree, not to exceed the cost of the single premium. Effective July 1, 2015, local school boards shall not be required to pay the reimbursement required by this subparagraph for retirees employed by the board for eighty (80) days or less during the fiscal year; (c) If a member is receiving a retirement allowance from the State Police Retirement System or from hazardous duty retirement coverage with the Kentucky Employees Retirement System or the County Employees Retirement System, or has filed the forms required to receive a retirement allowance from the State Police Retirement System or from hazardous duty retirement coverage with the Kentucky Employees Retirement System or the County Employees Retirement System, and is employed in a regular full-time position required to participate in the State Police Retirement System or in a hazardous duty position with the Kentucky Employees Retirement System or the County Employees Retirement System within one (1) month following the member’s initial retirement date, the member’s retirement shall be voided, and the member shall repay to the retirement system all benefits received, including any health insurance benefits. If the member is returning to work in a regular full-time position required to participate in one (1) of the systems administered by Kentucky Retirement Systems or County Employees Retirement System: 1. The member shall contribute to a member account established for him or her in one (1) of the systems administered by Kentucky Retirement Systems or County Employees Retirement System, and employer contributions shall be paid on behalf of the member by the participating employer; and 2. Upon subsequent retirement, the member shall be eligible for a retirement allowance based upon total service and creditable compensation, including any additional service or creditable compensation earned after his or her initial retirement was voided; (d) If a member is receiving a retirement allowance from the State Police Retirement System or from hazardous duty retirement coverage with the Kentucky Employees Retirement System or the County Employees Retirement System and is employed in a regular full-time position required to participate in the State Police Retirement System or in a hazardous duty position with the Kentucky Employees Retirement System or the County Employees Retirement System after a one (1) month period following the member’s initial retirement date, the member may continue to receive his or her retirement allowance during the period of reemployment subject to the following provisions: 1. If a member is reemployed by a participating agency within twelve (12) months of the member’s retirement date, the participating agency shall certify in writing on a form prescribed by the Authority that no prearranged agreement existed between the employee and agency prior to the employee’s retirement for the employee to return to work with the participating agency. If an elected official is reelected to a new term of office in the same position as the elected official held prior to retirement and takes office within twelve (12) months of his or her retirement date, he or she shall be deemed by the Authority as having a prearranged agreement under the provisions of this subparagraph and shall have his or her retirement voided. If the participating agency fails to complete the certification, the member’s retirement shall be voided and the provisions of paragraph (c) of this subsection shall apply to the member and the employer. Employment that is accepted by the retired member after twelve (12) months following the member’s retirement date shall not constitute a prearranged agreement under this paragraph; 2. Notwithstanding any other provision of KRS Chapter 16, 61, or 78 to the contrary, the member shall not contribute to the systems and shall not earn any additional benefits for any work performed during the period of reemployment; 3. Except as provided by KRS 70.291 to 70.293, 95.022, and 164.952 and except for any retiree employed as a school resource officer as defined by KRS 158.441, the employer shall pay employer contributions as specified by KRS 61.565, 61.702, and 78.635, as applicable, on all creditable compensation earned by the employee during the period of reemployment. The additional contributions paid shall be used to reduce the unfunded actuarial liability of the systems; 4. Except as provided by KRS 70.291 to 70.293, 95.022, and 164.952 and except for any retiree employed as a school resource officer as defined by KRS 158.441, the employer shall be required to reimburse the systems for the cost of the health insurance premium paid by the systems to provide coverage for the retiree, not to exceed the cost of the single premium; (e) Notwithstanding paragraphs (a) to (d) of this subsection, a retired member who qualifies as a volunteer for an employer participating in one (1) of the systems administered by Kentucky Retirement Systems or County Employees Retirement System and who is receiving reimbursement of actual expenses, a nominal fee for his or her volunteer services, or both, shall not be considered an employee of the participating employer and shall not be subject to paragraphs (a) to (d) of this subsection if: 1. Prior to the retired member’s most recent retirement date, he or she did not receive creditable compensation from the participating employer in which the retired member is performing volunteer services; 2. Any reimbursement or nominal fee received prior to the retired member’s most recent retirement date has not been credited as creditable compensation to the member’s account or utilized in the calculation of the retired member’s benefits; 3. The retired member has not purchased or received service credit under any of the provisions of KRS 61.510 to 61.705 or 78.510 to 78.852 for service with the participating employer for which the retired member is performing volunteer services; and 4. Other than the status of volunteer, the retired member does not become an employee, leased employee, or independent contractor of the employer for which he or she is performing volunteer services for a period of at least twelve (12) months following the retired member’s most recent retirement date. If a retired member, who provided volunteer services with a participating employer under this paragraph violates any provision of this paragraph, then he or she shall be deemed an employee of the participating employer as of the date he or she began providing volunteer services and both the retired member and the participating employer shall be subject to paragraphs (a) to (d) of this subsection for the period of volunteer service; (f) Notwithstanding any provision of this section, any mayor or member of a city legislative body shall not be required to resign from his or her position as mayor or as a member of the city legislative body in order to begin drawing benefits from the systems administered by Kentucky Retirement Systems or subject to any provision of this section as it relates solely to his or her service as a mayor or member of the city legislative body if the mayor or member of a city legislative body: 1. Has not participated in the County Employees Retirement System prior to retirement, but is otherwise eligible to retire from the Kentucky Employees Retirement System or the State Police Retirement System; or 2. Has been or is participating in the County Employees Retirement System and is at least sixty-two (62) years of age. If a mayor or member of a city legislative body who is at least sixty-two (62) years of age retires from the systems administered by Kentucky Retirement Systems but remains in office after his or her effective retirement date, the mayor or member of the city legislative body shall not accrue any further service credit or benefits in the systems administered by Kentucky Retirement Systems for any employment occurring on or after the effective retirement date; (g) Notwithstanding any provision of this section, any current or future part-time adjunct instructor for the Kentucky Fire Commission who has not participated in the Kentucky Employees Retirement System prior to retirement, but who is otherwise eligible to retire from the County Employees Retirement System, shall not be: 1. Required to resign from his or her position as a part-time adjunct instructor for the Kentucky Fire Commission in order to begin drawing benefits from the County Employees Retirement System; or 2. Subject to any provision of this section as it relates solely to his or her service as a part-time adjunct instructor for the Kentucky Fire Commission; (h) If a member is receiving a retirement allowance from any of the retirement systems administered by the Kentucky Retirement Systems or County Employees Retirement System and enters into a contract or becomes a leased employee of an employer under contract with an employer participating in one (1) of the systems administered by the Kentucky Retirement Systems or County Employees Retirement System: 1. At any time following retirement, if the Authority determines the employment arrangement does qualify as an independent contractor or leased employee, the member may continue to receive his or her retirement allowance during the period of the contract; 2. Within three (3) months following the member’s initial retirement date, if the Authority determines the employment arrangement does not qualify as an independent contractor or leased employee, the member’s retirement shall be voided in accordance with paragraph (a) of this subsection; 3. After three (3) months but within twelve (12) months following the member’s initial retirement, if the Authority determines the employment arrangement does not qualify as an independent contractor or leased employee and that a prearranged agreement existed between the member and the agency for the member to return to work with the agency, the member’s retirement shall be voided in accordance with paragraph (a) of this subsection; and 4. After a twelve (12) month period following the member’s initial retirement, the member may continue to receive his or her retirement allowance during the period of the contract and the member shall not be required to notify the system or submit any documentation for purposes of this section to the system. The initiation of a contract or the initial date of the leased employment of a retired member by a participating agency that occurs after twelve (12) months or more following the retired member’s retirement date shall not constitute a prearranged agreement under this subsection; and (i) The Authority shall issue a final determination regarding a certification of the absence of a prearranged agreement or the retired member’s qualification as an independent contractor or leased employee as required under this section no later than thirty (30) days after the retired member and participating employer provide all required forms and additional information required by the Authority. (18) The Authority shall promulgate administrative regulations to implement the requirements of this section, including incorporating by reference board-prescribed forms that a retired member and participating agency shall provide the systems under subsections (8), (9), and (17) of this section.", 61,61.640,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Death before retirement — Beneficiary’s options — Taxable distributions.,"(1) If a member dies prior to the first day of the month in which the member would have received his or her first retirement allowance, the member’s beneficiary shall be eligible for the benefits provided by this section if the member had on file a written designation of a beneficiary with the retirement office as provided by KRS 61.542 and the member met the following conditions at the date of his or her death: (a) The member was eligible to retire under KRS 61.559(2) or (3), 61.5956(5)(a) or (b), or 61.597(6)(a) or (b); (b) The member was in active employment or on authorized leave of absence with five (5) or more years of service credit and died prior to his or her normal retirement date or was normal retirement age or older and had at least four (4) years of service credit; or (c) The member was not in active employment or on authorized leave of absence with twelve (12) or more years of service credit and died prior to his or her normal retirement date. (2) If the beneficiary eligible for benefits as provided in subsection (1) of this section is a single person, then the beneficiary may elect to receive: (a) A monthly benefit payable for the life of the beneficiary that is equal to the benefit that would have been paid had the member retired immediately prior to his or her date of death and elected to receive benefits payable under the survivorship one hundred percent (100%) option as provided in KRS 61.635(2); (b) A monthly benefit payable for the life of the beneficiary under the beneficiary Social Security adjustment option as provided in KRS 61.635(9) that is the actuarial equivalent to the amount computed under paragraph (a) of this subsection; (c) A monthly benefit payable for a period of sixty (60) months that is the actuarial equivalent to the amount computed under paragraph (a) of this subsection; (d) A monthly benefit payable for a period of one hundred twenty (120) months that is the actuarial equivalent to the amount computed under paragraph (a) of this subsection; (e) If the member began participating in the system prior to January 1, 2014, a monthly benefit payable for: 1. Sixty (60) months certain; 2. One hundred twenty (120) months certain; 3. The actuarial equivalent refund; or 4. The Social Security adjustment option; that is equivalent to the benefit the member would have been entitled to receive based on his or her years of service and final compensation at the date of his or her death reduced by the survivorship fifty percent (50%) factor as provided for in KRS 61.635(4), then reduced by fifty percent (50%), and that is the actuarial equivalent to the amount computed under paragraph (a) of this subsection; or (f) The higher of a refund of the member’s accumulated account balance as described in KRS 61.625(1) or one (1) time lump-sum payment which shall be the actuarial equivalent of the amount payable under paragraph (a) of this subsection for a period of sixty (60) months. (3) If the beneficiary eligible for benefits as provided by subsection (1) of this section are multiple beneficiaries or a trust, then the multiple beneficiaries by consensus or the trustee may elect to receive the actuarial equivalent amounts payable under subsection (2)(c), (d), (e), or (f) of this section using the assumption that the beneficiary’s age is the same as the member’s age. (4) If the beneficiary eligible for benefits as provided in subsection (1) of this section is the member’s estate, then the beneficiary shall receive the higher of a refund of the member’s accumulated account balance as described in KRS 61.625(1) or the one (1) time lump-sum payment payable under subsection (2)(f) of this section, using the assumption that the beneficiary’s age is the same as the member’s age. (5) Payments of taxable distributions made pursuant to this section shall be subject to state and federal income tax as appropriate.", 61,61.645,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,"Board of trustees — Powers — Members — Chief executive officer, general counsel, and other employees — Appeals — Other duties — Limitation on Governor’s authority — Annual financial report — Trustee education program — Information made available to public.","(1) The Kentucky Employees Retirement System and State Police Retirement System shall be administered by the board of trustees of the Kentucky Retirement Systems composed of nine (9) members, who shall be selected as follows: (a) One (1) trustee, who shall be a member or retired from the State Police Retirement System, elected by the members and retired members of the State Police Retirement System; (b) Two (2) trustees, who shall be members or retired from the Kentucky Employees Retirement System, elected by the members and retired members of the Kentucky Employees Retirement System; (c) Six (6) trustees, appointed by the Governor of the Commonwealth, subject to Senate confirmation in accordance with KRS 11.160 for each appointment or reappointment. Of the six (6) trustees appointed by the Governor, three (3) trustees shall have investment experience and three (3) trustees shall have retirement experience; (d) For purposes of paragraph (c) of this subsection, a trustee with “investment experience” means an individual who does not have a conflict of interest, as provided by KRS 61.655, and who has at least ten (10) years of experience in one (1) of the following areas of expertise: 1. A portfolio manager acting in a fiduciary capacity; 2. A professional securities analyst or investment consultant; 3. A current or retired employee or principal of a trust institution, investment or finance organization, or endowment fund acting in an investment-related capacity; 4. A chartered financial analyst in good standing as determined by the CFA Institute; or 5. A university professor, teaching investment-related studies; and (e) For purposes of paragraph (c) of this subsection, a trustee with “retirement experience” means an individual who does not have a conflict of interest, as provided by KRS 61.655, and who has at least ten (10) years of experience in one (1) of the following areas of expertise: 1. Experience in retirement or pension plan management; 2. A certified public accountant with relevant experience in retirement or pension plan accounting; 3. An actuary with relevant experience in retirement or pension plan consulting; 4. An attorney licensed to practice law in the Commonwealth of Kentucky with relevant experience in retirement or pension plans; or 5. A current or former university professor whose primary area of emphasis is economics or finance. (2) The board is hereby granted the powers and privileges of a corporation, including but not limited to the following powers: (a) To sue and be sued in its corporate name; (b) To make bylaws not inconsistent with the law; (c) To conduct the business and promote the purposes for which it was formed; (d) Except as provided in KRS 61.650(6), to contract for investment counseling, auditing, medical, and other professional or technical services as required to carry out the obligations of the board subject to KRS Chapters 45, 45A, 56, and 57. Actuarial consulting services shall be provided by a firm hired by the Kentucky Public Pensions Authority; (e) To purchase fiduciary liability insurance; (f) Except as provided in KRS 61.650(6), to acquire, hold, sell, dispose of, pledge, lease, or mortgage, the goods or property necessary to exercise the board’s powers and perform the board’s duties subject to KRS Chapters 45, 45A, and 56; and (g) The board shall reimburse any trustee, officer, or employee for any legal expense resulting from a civil action arising out of the performance of his or her official duties. The hourly rate of reimbursement for any contract for legal services under this paragraph shall not exceed the maximum hourly rate provided in the Legal Services Duties and Maximum Rate Schedule promulgated by the Government Contract Review Committee established pursuant to KRS 45A.705, unless a higher rate is specifically approved by the secretary of the Finance and Administration Cabinet or his or her designee. (3) (a) Notwithstanding the provisions of subsection (1) of this section, each trustee shall serve a term of four (4) years or until his or her successor is duly qualified except as otherwise provided in this section. An elected trustee or a trustee appointed by the Governor under subsection (1)(c) of this section, shall not serve more than three (3) consecutive four (4) year terms. An elected trustee or a trustee appointed by the Governor under subsection (1)(c) of this section, who has served three (3) consecutive terms may be elected or appointed again after an absence of four (4) years from the board. (b) The term limits established by paragraph (a) of this subsection shall apply to trustees serving on or after July 1, 2012, and all terms of office served prior to July 1, 2012, shall be used to determine if the trustee has exceeded the term limits provided by paragraph (a) of this subsection. (4) (a) The trustees selected by the membership of each of the various retirement systems shall be elected by ballot. For each trustee to be elected, the board may nominate, not less than six (6) months before a term of office of a trustee is due to expire, three (3) constitutionally eligible individuals. (b) Individuals may be nominated by the retirement system members which are to elect the trustee by presenting to the executive director, not less than four (4) months before a term of office of a trustee is due to expire, a petition, bearing the name, last four (4) digits of the Social Security number, and signature of no less than one-tenth (1/10) of the number voting in the last election by the retirement system members. (c) Within four (4) months of the nominations made in accordance with paragraphs (a) and (b) of this subsection, the executive director shall cause to be prepared an official ballot. The ballot shall include the name, address, and position title of each individual nominated by the board and by petition. Provisions shall also be made for write-in votes. (d) Except as provided by paragraph (j) of this subsection, the ballots shall be distributed to the eligible voters by mail to their last known residence address on file with the Kentucky Public Pensions Authority. Ballots shall not be distributed by mail to member addresses reported as invalid to the Kentucky Public Pensions Authority. (e) The ballots shall be addressed to the Kentucky Retirement Systems in care of a predetermined box number at a United States Post Office or submitted electronically as provided by paragraph (j) of this subsection. Access to this post office box shall be limited to the board’s contracted firm. The individual receiving a plurality of votes shall be declared elected. (f) The eligible voter shall cast his or her ballot by selecting the candidate of his or her choice. He or she shall sign and mail the ballot or submit the electronic ballot at least thirty (30) days prior to the date the term to be filled is due to expire. The latest mailing date, or date of submission in the case of electronic ballots, shall be provided on the ballot. (g) The board’s contracted firm shall report in writing the outcome to the chair of the board of trustees. Cost of an election shall be payable from the funds of the system for which the trustee is elected. (h) For purposes of this subsection, an eligible voter shall be a person who was a member of the retirement system on December 31 of the year preceding the election year. (i) Each individual who submits a request to be nominated by the board under paragraph (a) of this subsection and each individual who is nominated by the membership under paragraph (b) of this subsection shall: 1. Complete an application developed by the retirement systems which shall include but not be limited to a disclosure of any prior felonies and any conflicts of interest that would hinder the individual’s ability to serve on the board; 2. Submit a resume detailing the individual’s education and employment history and a cover letter detailing the member’s qualifications for serving as trustee to the board; and 3. Authorize the systems to have a criminal background check performed. The criminal background check shall be performed by the Department of Kentucky State Police. (j) In lieu of the ballots mailed to members and retired members as provided by this subsection, the systems may by promulgation of administrative regulation pursuant to KRS Chapter 13A conduct trustee elections using electronic ballots, except that the systems shall mail a paper ballot upon request of any eligible voter. (5) (a) Any vacancy which may occur in an appointed position during a term of office shall be filled in the same manner which provides for the selection of the particular trustee, and any vacancy which may occur in an elected position during a term of office shall be filled by appointment by a majority vote of the remaining elected trustees with a person selected from the system in which the vacancy occurs; however, any vacancy shall be filled only for the duration of the unexpired term. In the event of a vacancy of an elected trustee during a term of office, Kentucky Retirement Systems shall notify members of the system in which the vacancy occurs of the vacancy and the opportunity to be considered for the vacant position. Any vacancy during a term of office shall be filled within ninety (90) days of the position becoming vacant. (b) Any appointments or reappointments to an appointed position on the board shall be made no later than thirty (30) days prior to an appointed member’s term of office ending. (6) (a) Membership on the board of trustees shall not be incompatible with any other office unless a constitutional incompatibility exists. No trustee shall serve in more than one (1) position as trustee on the board; and if a trustee holds more than one (1) position as trustee on the board, he or she shall resign a position. (b) A trustee shall be removed from office upon conviction of a felony or for a finding of a violation of any provision of KRS 11A.020 or 11A.040 by a court of competent jurisdiction. (c) A current or former employee of Kentucky Retirement Systems, County Employees Retirement System, or the Kentucky Public Pensions Authority shall not be eligible to serve as a member of the board. (7) Trustees who do not otherwise receive a salary from the State Treasury shall receive a per diem of eighty dollars ($80) for each day they are in session or on official duty, and they shall be reimbursed for their actual and necessary expenses in accordance with state administrative regulations and standards. (8) (a) The board shall meet at least once in each quarter of the year and may meet in special session upon the call of the chair or the chief executive officer. (b) The board shall elect a chair and a vice chair. The chair shall not serve more than four (4) consecutive years as chair or vice-chair of the board. The vice-chair shall not serve more than four (4) consecutive years as chair or vice-chair of the board. A trustee who has served four (4) consecutive years as chair or vice-chair of the board may be elected chair or vice-chair of the board after an absence of two (2) years from the positions. (c) A majority of the trustees shall constitute a quorum and all actions taken by the board shall be by affirmative vote of a majority of the trustees present. (9) (a) The board of trustees shall appoint or contract for the services of a chief executive officer and general counsel and fix the compensation and other terms of employment for these positions without limitation of the provisions of KRS Chapters 18A and 45A and KRS 64.640. The chief executive officer shall serve as the legislative and executive adviser to the board. The general counsel shall serve as legal adviser to the board. The chief executive officer and general counsel shall work with the executive director of the Kentucky Public Pensions Authority to carry out the provisions of KRS 16.505 to 16.652 and 61.510 to 61.705. The executive director of the Kentucky Public Pensions Authority shall be the chief administrative officer of the board. (b) Prior to April 1, 2021, the board of trustees shall authorize the executive director to appoint the employees deemed necessary to transact the business of the system. Effective April 1, 2021, the responsibility of appointing employees and managing personnel needs shall be transferred to the Kentucky Public Pensions Authority established by KRS 61.505. (c) The board shall require the chief executive officer and may require the general counsel to execute bonds for the faithful performance of his or her duties notwithstanding the limitations of KRS Chapter 62. (d) The board shall have a system of accounting established by the Kentucky Public Pensions Authority. (e) The board shall do all things, take all actions, and promulgate all administrative regulations, not inconsistent with the provisions of KRS 16.505 to 16.652 and 61.510 to 61.705, necessary or proper in order to carry out the provisions of KRS 16.505 to 16.652 and 61.510 to 61.705. Notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that the provisions of KRS 16.505 to 16.652 and 61.510 to 61.705 conform with federal statute or regulation and meet the qualification requirements under 26 U.S.C. sec. 401(a), applicable federal regulations, and other published guidance. Provisions of KRS 16.505 to 16.652 and 61.510 to 61.705 which conflict with federal statute or regulation or qualification under 26 U.S.C. sec. 401(a), applicable federal regulations, and other published guidance shall not be available. The board shall have the authority to promulgate administrative regulations to conform with federal statute and regulation and to meet the qualification requirements under 26 U.S.C. sec. 401(a), including an administrative regulation to comply with 26 U.S.C. sec. 401(a)(9). (f) Notwithstanding any other provision of statute to the contrary, including but not limited to any provision of KRS Chapter 12, the Governor shall have no authority to change any provision of KRS 16.505 to 16.652 and 61.510 to 61.705 by executive order or action, including but not limited to reorganizing, replacing, amending, or abolishing the membership of the Kentucky Retirement Systems board of trustees. (10) Notwithstanding any statute to the contrary, employees shall not be considered legislative agents under KRS 6.611. (11) The Attorney General, or an assistant designated by him or her, may attend each meeting of the board and may receive the agenda, board minutes, and other information distributed to trustees of the board upon request. The Attorney General may act as legal adviser and attorney for the board, and the board may contract for legal services, notwithstanding the limitations of KRS Chapter 12 or 13B. (12) (a) The Kentucky Public Pensions Authority shall publish an annual financial report showing all receipts, disbursements, assets, and liabilities for the systems. The annual report shall include a copy of an audit conducted in accordance with generally accepted auditing standards. Except as provided by paragraph (b) of this subsection, the board may select the independent certified public accountant hired by the Kentucky Public Pensions Authority or the Auditor of Public Accounts to perform the audit. If the audit is performed by an independent certified public accountant, the Auditor of Public Accounts shall not be required to perform an audit pursuant to KRS 43.050(2)(a), but may perform an audit at his or her discretion. All proceedings and records of the board shall be open for inspection by the public. The Kentucky Public Pensions Authority shall make copies of the audit required by this subsection available for examination by any member, retiree, or beneficiary in the offices of the Kentucky Public Pensions Authority and in other places as necessary to make the audit available to all members, retirees, and beneficiaries. A copy of the annual audit shall be sent to the Legislative Research Commission no later than ten (10) days after receipt by the board. (b) At least once every five (5) years, the Auditor of Public Accounts shall perform the audit described by this subsection, and the system shall reimburse the Auditor of Public Accounts for all costs of the audit. The Auditor of Public Accounts shall determine which fiscal year during the five (5) year period the audit prescribed by this paragraph will be completed. (13) All expenses incurred by or on behalf of the system and the board in the administration of the system during a fiscal year shall be paid from the retirement allowance account, including any administrative expenses for the Kentucky Public Pensions Authority that are assigned to the Kentucky Retirement Systems by KRS 61.505. The board shall submit any administrative expenses that are specific to the Kentucky Retirement Systems that are not otherwise covered by KRS 61.505(11)(a). (14) Any person adversely affected by a decision of the board, except as provided under subsection (16) of this section or KRS 61.665, involving KRS 16.505 to 16.652 and 61.510 to 61.705, may appeal the decision of the board to the Franklin Circuit Court within sixty (60) days of the board action. (15) (a) A trustee shall discharge his or her duties as a trustee, including his or her duties as a member of a committee: 1. In good faith; 2. On an informed basis; and 3. In a manner he or she honestly believes to be in the best interest of the Kentucky Retirement Systems. (b) A trustee discharges his or her duties on an informed basis if, when he or she makes an inquiry into the business and affairs of the Kentucky Retirement Systems or into a particular action to be taken or decision to be made, he or she exercises the care an ordinary prudent person in a like position would exercise under similar circumstances. (c) In discharging his or her duties, a trustee may rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by: 1. One (1) or more officers or employees of the Kentucky Retirement Systems whom the trustee honestly believes to be reliable and competent in the matters presented; 2. Legal counsel, public accountants, actuaries, or other persons as to matters the trustee honestly believes are within the person’s professional or expert competence; or 3. A committee of the board of trustees of which he or she is not a member if the trustee honestly believes the committee merits confidence. (d) A trustee shall not be considered as acting in good faith if he or she has knowledge concerning the matter in question that makes reliance otherwise permitted by paragraph (c) of this subsection unwarranted. (e) Any action taken as a trustee, or any failure to take any action as a trustee, shall not be the basis for monetary damages or injunctive relief unless: 1. The trustee has breached or failed to perform the duties of the trustee’s office in compliance with this section; and 2. In the case of an action for monetary damages, the breach or failure to perform constitutes willful misconduct or wanton or reckless disregard for human rights, safety, or property. (f) A person bringing an action for monetary damages under this section shall have the burden of proving by clear and convincing evidence the provisions of paragraph (e)1. and 2. of this subsection, and the burden of proving that the breach or failure to perform was the legal cause of damages suffered by the Kentucky Retirement Systems. (g) Nothing in this section shall eliminate or limit the liability of any trustee for any act or omission occurring prior to July 15, 1988. (h) In discharging his or her administrative duties under this section, a trustee shall strive to administer the retirement system in an efficient and cost-effective manner for the taxpayers of the Commonwealth of Kentucky and shall take all actions available under the law to contain costs for the trusts, including costs for participating employers, members, and retirees. (16) When an order by the system substantially impairs the benefits or rights of a member, retired member, or recipient, except action which relates to entitlement to disability benefits, or when an employer disagrees with an order of the system as provided by KRS 61.598, the affected member, retired member, recipient, or employer may request a hearing to be held in accordance with KRS Chapter 13B. The board may establish an appeals committee whose members shall be appointed by the chair and who shall have authority to act upon the recommendations and reports of the hearing officer on behalf of the board. The member, retired member, recipient, or employer aggrieved by a final order of the board following the hearing may appeal the decision to the Franklin Circuit Court, in accordance with KRS Chapter 13B. The board may establish a joint administrative appeals committee with the County Employees Retirement System and may also establish a joint disability appeals committee with the County Employees Retirement System. (17) The board shall give the Kentucky Education Support Personnel Association twenty-four (24) hours notice of the board meetings, to the extent possible. (18) The board shall establish a formal trustee education program for all trustees of the board. The program shall include but not be limited to the following: (a) A required orientation program for all new trustees elected or appointed to the board. The orientation program shall include training on: 1. Benefits and benefits administration; 2. Investment concepts, policies, and current composition and administration of retirement systems investments; 3. Laws, bylaws, and administrative regulations pertaining to the retirement systems and to fiduciaries; and 4. Actuarial and financial concepts pertaining to the retirement systems. If a trustee fails to complete the orientation program within one (1) year from the beginning of his or her first term on the board, the retirement systems shall withhold payment of the per diem and travel expenses due to the board member under this section and KRS 16.640 until the trustee has completed the orientation program; (b) Annual required training for board members on the administration, benefits, financing, and investing of the retirement systems. If a trustee fails to complete the annual required training during the calendar or fiscal year, the retirement systems shall withhold payment of the per diem and travel expenses due to the board member under this section and KRS 16.640 until the board member has met the annual training requirements; and (c) The retirement systems shall incorporate by reference in an administrative regulation, pursuant to KRS 13A.2251, the trustee education program. (19) In order to improve public transparency regarding the administration of the systems, the board of trustees shall adopt a best practices model by posting the following information to the Kentucky Public Pensions Authority’s Web site and shall make available to the public: (a) Meeting notices and agendas for all meetings of the board. Notices and agendas shall be posted to the Kentucky Public Pensions Authority’s Web site at least seventy-two (72) hours in advance of the board or committee meetings, except in the case of special or emergency meetings as provided by KRS 61.823; (b) The Comprehensive Annual Financial Report with the information as follows: 1. A general overview and update on the retirement systems by the executive director; 2. A listing of the board of trustees; 3. A listing of key staff; 4. An organizational chart; 5. Financial information, including a statement of plan net assets, a statement of changes in plan net assets, an actuarial value of assets, a schedule of investments, a statement of funded status and funding progress, and other supporting data; 6. Investment information, including a general overview, a list of the retirement system’s professional consultants, a total net of fees return on retirement systems investments over a historical period, an investment summary, contracted investment management expenses, transaction commissions, and a schedule of investments; 7. The annual actuarial valuation report on the pension benefit and the medical insurance benefit; and 8. A general statistical section, including information on contributions, benefit payouts, and retirement systems’ demographic data; (c) All external audits; (d) All board minutes or other materials that require adoption or ratification by the board of trustees. The items listed in this paragraph shall be posted within seventy-two (72) hours of adoption or ratification of the board; (e) All bylaws, policies, or procedures adopted or ratified by the board of trustees; (f) The retirement systems’ summary plan description; (g) A document containing an unofficial copy of the statutes governing the systems administered by Kentucky Retirement Systems; (h) A listing of the members of the board of trustees and membership on each committee established by the board, including any investment committees; (i) All investment holdings in aggregate, fees, and commissions for each fund administered by the board, which shall be updated on a quarterly basis for fiscal years beginning on or after July 1, 2017. The systems shall request from all managers, partnerships, and any other available sources all information regarding fees and commissions and shall, based on the requested information received: 1. Disclose the dollar value of fees and commissions paid to each individual manager or partnership; 2. Disclose the dollar value of any profit sharing, carried interest, or any other partnership incentive arrangements, partnership agreements, or any other partnership expenses received by or paid to each manager or partnership; and 3. As applicable, report each fee or commission by manager or partnership consistent with standards established by the Institutional Limited Partners Association (ILPA). In addition to the requirements of this paragraph, the systems shall also disclose the name and address of all individual underlying managers or partners in any fund of funds in which system assets are invested; (j) An update of net of fees investment returns, asset allocations, and the performance of the funds against benchmarks adopted by the board for each fund, for each asset class administered by the board, and for each manager. The update shall be posted on a quarterly basis for fiscal years beginning on or after July 1, 2017; (k) A searchable database of the systems’ expenditures and a listing of each individual employed by the systems along with the employee’s salary or wages. In lieu of posting the information required by this paragraph to the Kentucky Public Pensions Authority’s Web site, the systems may provide the information through a Web site established by the executive branch to inform the public about executive branch agency expenditures and public employee salaries and wages; (l) All contracts or offering documents for services, goods, or property purchased or utilized by the systems; and (m) Information regarding the systems’ financial and actuarial condition that is easily understood by the members, retired members, and the public. (20) Notwithstanding the requirements of subsection (19) of this section, the retirement systems shall not be required to furnish information that is protected under KRS 61.661, exempt under KRS 61.878, or that, if disclosed, would compromise the retirement systems’ ability to competitively invest in real estate or other asset classes, except that no provision of this section or KRS 61.878 shall exclude disclosure and review of all contracts, including investment contracts, by the board, the Auditor of Public Accounts, and the Government Contract Review Committee established pursuant to KRS 45A.705 or the disclosure of investment fees and commissions as provided by this section. If any public record contains material which is not excepted under this section, the systems shall separate the excepted material by removal, segregation, or redaction, and make the nonexcepted material available for examination. (21) Notwithstanding any other provision of KRS 16.505 to 16.652 and 61.510 to 61.705 to the contrary, no funds of the systems administered by Kentucky Retirement Systems, including fees and commissions paid to an investment manager, private fund, or company issuing securities, who manages systems assets, shall be used to pay fees and commissions to placement agents. For purposes of this subsection, “placement agent” means a third-party individual, who is not an employee, or firm, wholly or partially owned by the entity being hired, who solicits investments on behalf of an investment manager, private fund, or company issuing securities.", 61,61.646,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Transfer of administration of County Employees Retirement System from Kentucky Retirement Systems board of trustees to County Employees Retirement System board of trustees established in KRS 78.782 — Intent to enact future legislation.,"(1) Effective April 1, 2021: (a) Except as provided by KRS 61.505, the administration of the County Employees Retirement System shall be transferred from the Kentucky Retirement Systems board of trustees to the County Employees Retirement System board of trustees established by KRS 78.782. (b) Except as provided by KRS 61.505, the administration of the Kentucky Employees Retirement System and the State Police Retirement System shall continue to be the responsibility of the Kentucky Retirement Systems board of trustees as amended by KRS 61.645. (c) The Kentucky Public Pensions Authority established by KRS 61.505 shall provide personnel needs, day-to-day administrative needs, and other duties specified by KRS 61.505 to the Kentucky Retirement Systems board of trustees and the County Employees Retirement System board of trustees. The staff of the Kentucky Retirement Systems shall become the staff of the Kentucky Public Pensions Authority. (2) It is the intent of the General Assembly to enact legislation in the 2021 Regular Session to create separate statutory structures as it relates to benefits for the Kentucky Retirement Systems and the County Employees Retirement System that are currently shared by the Kentucky Employees Retirement System, the County Employees Retirement System, and the State Police Retirement System while retaining shared statutes that relate to administrative provisions that will be the responsibility of the Kentucky Public Pensions Authority.", 61,61.650,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Board is trustee of funds — Investment committee — Standards of conduct — Control over assets in custodial account — Application of open records law — Cap on amount of assets managed by any one investment manager — Investment procurement policy.,"(1) (a) The board shall be the trustee of funds created by KRS 16.510, 61.515, and 61.701 pertaining to the accounts for the Kentucky Employees Retirement System or State Police Retirement System, notwithstanding the provisions of any other statute to the contrary, and shall have exclusive power to invest and reinvest such assets in accordance with federal law. (b) 1. The board shall establish an investment committee whose membership shall be composed of the following: a. The three (3) trustees of the Kentucky Retirement Systems board appointed by the Governor pursuant to KRS 61.645 who have investment experience; and b. Additional trustees appointed by the board chair. 2. The investment committee shall have authority to implement the investment policies adopted by the board and act on behalf of the board on all investment-related matters and to acquire, sell, safeguard, monitor, and manage the assets and securities of the several funds. (c) A trustee, officer, employee, employee of the Kentucky Public Pensions Authority, or other fiduciary shall discharge duties with respect to the retirement system: 1. Solely in the interest of the members and beneficiaries; 2. For the exclusive purpose of providing benefits to members and beneficiaries and paying reasonable expenses of administering the system; 3. With the care, skill, and caution under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an activity of like character and purpose; 4. Impartially, taking into account any differing interests of members and beneficiaries; 5. Incurring any costs that are appropriate and reasonable; and 6. In accordance with a good-faith interpretation of the law governing the retirement system. (d) In addition to the standards of conduct prescribed by paragraph (c) of this subsection: 1. All internal investment staff of the Kentucky Public Pensions Authority, and investment consultants shall adhere to the Code of Ethics and Standards of Professional Conduct, and all board trustees shall adhere to the Code of Conduct for Members of a Pension Scheme Governing Body. All codes cited in this subparagraph are promulgated by the CFA Institute; and 2. Investment managers shall comply with all applicable provisions of the federal Investment Advisers Act of 1940, as amended, and the rules and regulations promulgated thereunder, and shall comply with all other applicable federal securities statutes and related rules and regulations that apply to investment managers. (2) The board, through adopted written policies, shall maintain ownership and control over its assets held in its unitized managed custodial account. (3) The board, in keeping with its responsibility as trustee and wherever consistent with its fiduciary responsibilities, shall give priority to the investment of funds in obligation calculated to improve the industrial development and enhance the economic welfare of the Commonwealth. (4) The contents of real estate appraisals, engineering or feasibility estimates, and evaluations made by or for the system relative to the acquisition or disposition of property, until such time as all of the property has been acquired or sold, shall be excluded from the application of KRS 61.870 to 61.884 and shall be subject to inspection only upon order of a court of competent jurisdiction. (5) Based upon market value at the time of purchase, the board shall limit the amount of assets managed by any one (1) active or passive investment manager to fifteen percent (15%) of the assets in the pension and insurance funds. (6) All contracts for the investment or management of assets of the systems shall not be subject to KRS Chapters 45, 45A, 56, and 57. Instead, the board shall conduct the following process to develop and adopt an investment procurement policy with which all prospective contracts for the investment or management of assets of the systems shall comply: (a) On or before July 1, 2017, the board shall consult with the secretary of the Finance and Administration Cabinet or his or her designee to develop an investment procurement policy, which shall be written to meet best practices in investment management procurement; (b) Thirty (30) days prior to adoption, the board shall tender the preliminary investment procurement policy to the secretary of the Finance and Administration Cabinet or his or her designee for review and comment; (c) Upon receipt of comments from the secretary of the Finance and Administration Cabinet or his or her designee, the board shall choose to adopt or not adopt any recommended changes; (d) Upon adoption, the board shall tender the final investment procurement policy to the secretary of the Finance and Administration Cabinet or his or her designee; (e) No later than thirty (30) days after receipt of the investment procurement policy, the secretary or his or her designee shall certify whether the board’s investment procurement policy meets or does not meet best practices for investment management procurement; and (f) Any amendments to the investment procurement policy shall adhere to the requirements set forth by paragraphs (b) to (e) of this subsection.", 61,61.652,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Administration of all excess benefit plans — Participation in plan — Determination of benefit amount — Required contribution of plans.,"(1) The Kentucky Employees Excess Benefit Plan established in KRS 61.663 and the State Police Excess Benefit Plan established in KRS 16.568 shall be administered by the board of trustees of the Kentucky Retirement Systems. The County Employees Excess Benefit Plan established in KRS 78.652 shall be administered by the board of trustees of the County Employees Retirement System. Each board shall have the same authority in its administration as it has in the administration of the Kentucky Employees Retirement System, the County Employees Retirement System, and the State Police Retirement System, as applicable. (2) The plans shall constitute qualified governmental excess benefit plans as provided in 26 U.S.C. sec. 415(m). (3) All retired members and beneficiaries of the two (2) retirement systems administered by the Kentucky Retirement Systems and (1) retirement system administered by the County Employees Retirement System, whose effective retirement dates are July 1, 1998, or after, and whose retirement allowances have been limited by 26 U.S.C. sec. 415 shall be participants in the plans. Each member’s participation in the plans shall be determined each fiscal year and will cease for any year in which the retirement allowance is not limited by 26 U.S.C. sec. 415. (4) A participant shall receive a benefit equal to the difference between the retirement allowance otherwise payable from the system prior to any reduction or limitation required by 26 U.S.C. sec. 415 and the actual retirement allowance payable as limited by 26 U.S.C. sec. 415. The benefit shall be subject to withholding for applicable state and federal taxes. The benefit shall be paid in accordance with the retirement payment option selected by the member or beneficiary for the retirement allowance. (5) (a) Each board, in accordance with the recommendation of the actuary, shall determine the required contribution for each plan the respective board administers in order to pay benefits each fiscal year. The required contribution for each of the three (3) plans in each fiscal year shall be the total amount of benefits payable under this section to all participants plus the amount required to pay the administrative expenses of the plan and the employer’s share of any employment taxes on the benefits paid from the plan. (b) The required contribution shall be paid by the participating employers. (c) The required contribution for each plan shall be deposited into the separate fund. The plan is intended to be exempt from federal income tax under 26 U.S.C. sec. 115 and 26 U.S.C. sec. 415(m)(1). (d) The benefit liability of each plan shall be determined on a fiscal year basis, and contributions shall not be accumulated to pay benefits in future fiscal years. Any assets of the plans not used to pay benefits in the current fiscal year shall be used for payment of the administrative expenses of the plan for the current or future fiscal years or shall be paid to the appropriate retirement system as an additional employer contribution. (6) The benefits payable from the plans shall be treated in accordance with KRS 61.690. (7) The board shall promulgate administrative regulations to modify the benefits payable under the plans as necessary for the plans to be qualified under 26 U.S.C. sec. 415(m). (8) The provisions of this section, and any administrative regulations promulgated as a result of this section, shall be applied retroactively to retired members, and beneficiaries, whose effective retirement dates are between July 1, 1998, and July 14, 2000.", 61,61.655,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,"Conflict of interest — Trustees, employees, members of General Assembly, public servants.","(1) No trustee or employee of the Kentucky Retirement Systems board shall: (a) Have any interest, direct or indirect, in the gains or profits of any investment or any other legal, business, or financial transaction made by the board, save insofar as any such trustee or employee may be a member, employee, or beneficiary of the retirement system; (b) Directly or indirectly, for himself or as an agent, use the assets of the retirement system, except to make current and necessary payments authorized by the board; (c) Become an endorser or surety or in any manner an obligor for moneys loaned by or borrowed from the board; (d) Have a contract or agreement with the retirement system, individually or through a business owned by the trustee or the employee; (e) Use his or her official position with the retirement system to obtain a financial gain or benefit or advantage for himself or herself or a family member; (f) Use confidential information acquired during his or her tenure with the retirement system to further his or her own economic interests or that of another person; or (g) Hold outside employment with, or accept compensation from, any person or business with which he or she has involvement as part of his or her official position with the retirement system. The provisions of this subsection shall not prohibit a trustee from serving as an employee of an agency participating in one (1) of the systems administered by Kentucky Retirement Systems. (2) No trustee or employee of the board of trustees, who has served as a trustee or employee of the board on or after July 1, 2017, shall have any interest, direct or indirect, in the gains or profits of any investment or any other legal, business, or financial transaction made by the board of trustees for a period of five (5) years following termination of his or her position, except that any such trustee or employee may be a member, employee, or beneficiary of the systems administered by Kentucky Retirement Systems. (3) (a) No person who is serving as a member of the General Assembly or is a public servant as defined by KRS 11A.010(9) shall have any interest, direct or indirect, in the gains or profits of any investment or any other legal, business, or financial transaction made by the board of trustees, except that any such member or public servant may be a member, employee, or beneficiary of the systems administered by Kentucky Retirement Systems. (b) No person who was serving as a member of the General Assembly on or after July 1, 2017, or was serving as a public servant as defined by KRS 11A.010(9) on or after July 1, 2017, shall have any interest, direct or indirect, in the gains or profits of any investment or any other legal, business, or financial transaction made by the board of trustees for a period of five (5) years following termination of his or her position, except that any such member or public servant may be a member, employee, or beneficiary of the systems administered by Kentucky Retirement Systems.", 61,61.660,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Custodian of funds — Cash and securities.,"(1) The State Treasurer shall be the custodian of the funds received under authority of KRS 61.510 to 61.705, 16.510 to 16.652 and 78.510 to 78.852 and shall be responsible for the safekeeping of all cash and securities in his custody. All payments from the fund shall be made by him on warrants issued by the Finance and Administration Cabinet. Payments may be in the form of checks, which shall clearly show on the envelope or other mailing device the name and address of the Kentucky Retirement Systems, County Employees Retirement System, or direct deposit bank transfers. (2) The Kentucky Public Pensions Authority shall appoint a custodian or custodians of the cash and securities acquired under authority of KRS 61.510 to 61.705, 16.510 to 16.652, and 78.510 to 78.852; and the custodian or custodians shall be responsible for the safekeeping of all cash and securities in its custody.", 61,61.661,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Member’s account confidential — Release of certain information from accounts of current or former legislators — Response to subpoenas.,"(1) (a) Each current, former, or retired member’s account shall be administered in a confidential manner, and specific data regarding a current, former, or retired member shall not be released for publication, except that: 1. The member or recipient may authorize the release of his or her account information; 2. The Kentucky Public Pensions Authority may release account information to the employer or to other state and federal agencies as it deems necessary or in response to a lawful subpoena or order issued by a court of law, except that Kentucky Retirement Systems shall be required to release account information to the employer as required by KRS 61.565(1)(d)1.b.; or 3. a. Upon request by any person, the systems shall release the following information from the accounts of any member or retired member of the Kentucky Employees Retirement System, the County Employees Retirement System, or the State Police Retirement System, if the member or retired member is a current or former officeholder in the Kentucky General Assembly: i. The first and last name of the member or retired member; ii. The system or systems in which the member has an account or from which the retired member is receiving a monthly retirement allowance; iii. The status of the member or retired member, including but not limited to whether he or she is a contributing member, a member who is not currently contributing to the systems but has not retired, a retired member, or a retired member who has returned to work following retirement with an agency participating in the systems; iv. If the individual is a retired member, the monthly retirement allowance that he or she was receiving at the end of the most recently completed fiscal year; v. If the individual is a member who has not yet retired, the estimated monthly retirement allowance that he or she is eligible to receive at his or her normal retirement date based upon his or her service credit, final compensation, and accumulated account balance at the end of the most recently completed fiscal year; and vi. The current employer or last participating employer of the member or retired member, if applicable. b. No information shall be disclosed under this subparagraph from an account that is paying benefits to a beneficiary due to the death of a member or retired member. (b) A current, former, or retired member’s account shall be exempt from the provisions of KRS 171.410 to 171.990. (c) The release of information under paragraph (a)3. of this subsection shall not constitute a violation of the Open Records Act, KRS 61.870 to 61.884. (2) (a) When a subpoena is served upon any employee of the Kentucky Retirement Systems, the County Employees Retirement System, or the Kentucky Public Pensions Authority, requiring production of any specific data regarding a current, former, or retired member, it is sufficient if the employee of the Kentucky Public Pensions Authority charged with the responsibility of being custodian of the original delivers within five (5) working days, by certified mail or by personal delivery, legible and durable copies of records, certified by the employee, or an affidavit stating the information required by the subpoena to the person specified in the subpoena. The production of documents or an affidavit shall be in lieu of any personal testimony of any employee of the Kentucky Retirement Systems, the County Employees Retirement System, or the Kentucky Public Pensions Authority, unless, after the production of documents or affidavit, a separate subpoena is served upon the systems or the Authority specifically directing the testimony of an employee of the systems or of the Authority. When a subpoena is served on any employee of the systems or of the Authority requiring the employee to give deposition for any purpose, in the absence of a court order requiring the deposition of a specific employee, the systems or the Authority may designate an employee to be deposed upon the matter referred to in the subpoena. (b) The certification required by this subsection shall be signed before a notary public by the employee and shall include the full name of the member or recipient, the member’s or recipient’s Social Security number, and a legend substantially to the following effect: “The records are true and complete reproductions of the original or microfiched records which are housed in the retirement systems office. This certification is given in lieu of his or her personal appearance.” (c) When an affidavit or copies of records are personally delivered, a receipt shall be presented to the person receiving the records for his or her signature and shall be immediately signed and returned to the person delivering the records. When an affidavit or copies of records are sent via certified mail, the receipt used by the postal authorities shall be sufficient to prove delivery and receipt of the affidavit or copies of records. (d) When the affidavit or copies of records are delivered to a party for use in deposition, they shall, after termination of the deposition, be delivered personally or by certified mail to the clerk of the court or other body before which the action or proceeding is pending. It shall be the responsibility of the party or attorney to transmit the receipt obtained to the employee of the Kentucky Public Pensions Authority charged with responsibility of being custodian of the original. Upon issuance of a final order terminating the case and after the normal retention period for court records expires, the affidavit or copies of records shall be permanently disposed of by the clerk in a manner that protects the confidentiality of the information contained therein. (e) Records of the Kentucky Public Pensions Authority that are susceptible to photostatic reproduction may be proved as to foundation, identity, and authenticity without any preliminary testimony, by use of legible and durable copies, certified in accordance with the provisions of this subsection.", 61,61.663,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Excess benefit plan — Purpose — Excess benefit fund.,"There is created and established: (1) An excess benefit plan to be known as the Kentucky Employees Retirement System Excess Benefit Plan. The plan is created for the purpose of providing the retirement allowances payable from the retirement system under KRS 61.515 to 61.705 that would otherwise be limited by 26 U.S.C. sec. 415. (2) A state fund to be known as the Kentucky Employees Retirement System Excess Benefit Fund which shall consist of all the assets of the plan. (3) The administration and assets of the plan shall be as set forth in KRS 61.652.", 61,61.665,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Medical examiners — Ruling on disability retirement — Appeal.,"(1) The Authority shall employ or contract for the services of at least three (3) physicians, licensed in the state and not members of the system, upon terms and conditions it prescribes to serve as medical examiners, whose duty it shall be to pass upon all medical examinations required under KRS 61.510 to 61.705, 16.505 to 16.652, and 78.510 to 78.852, to investigate all health or medical statements and certificates made by or in behalf of any person in connection with the payment of money to the person under KRS 61.510 to 61.705, 16.505 to 16.652, and 78.510 to 78.852, and who shall report in writing to the system the conclusions and recommendations upon all matters referred to them. The Authority may employ or contract for the services of one (1) or more licensed mental health professionals in making recommendations regarding mental impairments. (2) (a) Each person requesting disability retirement shall file at the retirement office an application for disability retirement and supporting medical information to report the person’s physical and mental condition. The person shall also file at the retirement office a complete description of the job and duties from which he or she received his or her last pay as well as information regarding whether the person has made a request for reasonable accommodation as provided for in 42 U.S.C. sec. 12111(9) and 29 C.F.R. pt. 1630 or reasonable accommodation as provided for in 42 U.S.C. sec. 12111(9) and 29 C.F.R. pt. 1630 has been offered to the person. The person shall certify to the retirement office that the application for disability retirement and supporting medical information are ready to be evaluated by the medical examiners in accordance with paragraph (d) of this subsection. If, after good faith efforts, the person informs the Authority that he or she has been unable to obtain the employment or medical information, the Authority shall assist the person in obtaining the records and may use the authority granted pursuant to KRS 61.685(1) to obtain the records. If the person fails to file, at the retirement office within one hundred eighty (180) days of the date the person filed his or her notification of retirement, any of the forms, certifications, or information required by this subsection, the person’s application for disability retirement shall be void. Any subsequent filing of an application for disability retirement or supporting medical information shall not be evaluated, except as provided in paragraph (f) of this subsection or KRS 61.600(2), 78.5522, or 78.5524. (b) The employer shall file at the retirement office a complete description of the job and duties for which the person was last paid and shall submit a detailed description of any reasonable accommodations attempted. (c) The cost of medical examinations and the filing of the medical information, reports, or data with the retirement office shall be paid by the person applying for disability retirement. (d) The Authority shall select three (3) medical examiners to evaluate the medical evidence submitted by the person. The medical examiners shall recommend that disability retirement be approved, or that disability retirement be denied. If there is evidence of a mental impairment, the medical examiners may request the Authority’s licensed mental health professional to assist in determining the level of the mental impairment. (e) If two (2) or more of the three (3) medical examiners recommend that the person be approved for disability retirement, the system shall make retirement payments in accordance with the retirement plan selected by the person. (f) If two (2) or more of the three (3) medical examiners recommend that the person be denied disability retirement, the Authority shall send notice of this recommendation by United States first-class mail to the person’s last address on file in the retirement office, by electronic mail to the person’s last electronic mail address on file in the retirement office, or by other electronic means. The person shall have one hundred eighty (180) days from the day that the Authority sent the notice to file at the retirement office additional supporting medical information and certify to the retirement office that the application for disability retirement and supporting medical information are ready to be evaluated by the medical examiners or to appeal his or her denial of disability retirement by filing at the retirement office a request for a formal hearing. Any subsequent filing of an application for disability retirement or supporting medical information shall not be evaluated, except as provided in KRS 61.600(2), 78.5522, or 78.5524. (g) If two (2) or more of the three (3) medical examiners recommend that the person be approved for disability retirement based upon the evaluation of additional supporting medical information in accordance with paragraph (f) of this subsection, the system shall make retirement payments in accordance with the retirement plan selected by the person. (h) If two (2) or more of the three (3) medical examiners recommend that the person be denied disability retirement based upon the evaluation of additional supporting medical information in accordance with paragraph (f) of this subsection, the Authority shall send notice of this recommendation by United States first-class mail to the person’s last address on file in the retirement office, by electronic mail to the person’s last electronic mail address on file in the retirement office, or by other electronic means. The person shall have one hundred eighty (180) days from the day that the Authority sent the notice to appeal his or her denial of disability retirement by filing at the retirement office a request for a formal hearing. (i) The medical examiners shall be paid a reasonable amount by the retirement system for each case evaluated. (j) Notwithstanding the foregoing provisions of this section, the Authority may pay for one (1) or more medical examinations of the person requested by the medical examiners for the purpose of providing medical information deemed necessary by the medical examiners. The system may require the person to submit to one (1) or more medical examinations. (3) (a) Any person whose disability benefits have been reduced, discontinued, or denied pursuant to subsection (2)(f) or (2)(h) of this section may file at the retirement office a request for a formal hearing to be conducted in accordance with KRS Chapter 13B. The right to demand a formal hearing shall be limited to a period of one hundred eighty (180) days after the person had notice of the system’s determination, as described in subsection (2)(f) or (2)(h) of this section. The request for a formal hearing shall be filed with the executive director, at the retirement office in Frankfort. The request for a formal hearing shall include a short and plain statement of the reasons the denial of disability retirement is being contested. (b) Failure of the person to request a formal hearing within the period of time specified shall preclude the person from proceeding any further with the application for disability retirement, except as provided in KRS 61.600(2), 78.5522, or 78.5524. This paragraph shall not limit the person’s right to appeal to a court. (c) The system may require the person requesting the formal hearing to submit to one (1) or more medical or psychological examinations. Notice of the time and place of the examination shall be provided to the person or his or her legal representative. The system shall be responsible for the cost of the examination. (d) A final order of the board shall be based on substantial evidence appearing in the record as a whole and shall set forth the decision of the board and the facts and law upon which the decision is based. (e) All requests for a hearing pursuant to this section shall be made in writing. (4) The boards of the Kentucky Retirement Systems and the County Employees Retirement Systems may each establish an appeals committee whose members shall be appointed by the chair and that shall have the authority to act upon the recommendations and reports of the hearing officer pursuant to this section on behalf of each respective board. The boards of the Kentucky Retirement Systems and the County Employees Retirement System may establish a joint appeals committee that shall be authorized to select a chair from among its committee members and to act upon the recommendations and reports of the hearing officer pursuant to this section on behalf of both boards. (5) Any person aggrieved by a final order of the board may seek judicial review after all administrative appeals have been exhausted by filing a petition for judicial review in the Franklin Circuit Court in accordance with KRS Chapter 13B.", 61,61.670,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,"Duties of board — Actuarial tables, valuations, investigations, and analyses — Audit — Actuary for Legislative Research Commission.","(1) (a) As soon as practicable after its organization, the board shall adopt the actuarial tables necessary for the administration of the system and for the annual determination of actuarial assets and liabilities of the system. (b) The board shall cause an actuarial valuation to be made annually. The valuation shall at a minimum include: 1. A description of the actuarial assumptions used in the actuarial valuation, which shall be reasonably related to the experience of the system and represent the actuary’s best estimate of anticipated experience; 2. A description of any funding methods utilized or required by state law in the development of the actuarial valuation results; 3. A description of any changes in actuarial assumptions and methods from the previous year’s actuarial valuation; 4. The actuarially recommended contribution rate for employers for the upcoming budget periods; 5. A thirty (30) year projection of the funding levels, unfunded liabilities, and actuarially recommended contribution rates for employers based upon the actuarial assumptions, funding methods, and experience of the system as of the valuation date; and 6. A sensitivity analysis that evaluates the impact of changes in system assumptions, including but not limited to the investment return assumption, payroll growth assumption, and medical inflation rates, on employer contribution rates, funding levels, and unfunded liabilities. (c) 1. At least once in each two (2) year period, the board shall cause an actuarial investigation to be made of all of the economic experience under the retirement system, including but not limited to the inflation rate, investment return, and payroll growth assumptions, relative to the economic assumptions and funding methods previously adopted by the board. 2. At least once in each five (5) year period, the board shall cause an actuarial investigation to be made of all the demographic experience under the retirement system, including but not limited to mortality tables, withdrawal rates, and retirement rate assumptions, relative to the demographic actuarial assumptions previously adopted by the board. 3. Each actuarial investigation shall include at a minimum a summary of the changes in actuarial assumptions and funding methods recommended in the investigation and the projected impact of the recommended changes on funding levels, unfunded liabilities, and actuarially recommended contribution rates for employers over a thirty (30) year period. (d) Pursuant to the actuarial investigations, the board shall, from time to time, revise the actuarial tables previously adopted by the board and shall thereupon revise the bases of the rates of contributions required under KRS 61.510 to 61.692 and KRS 16.505 to 16.652. (e) For any change in actuarial assumptions, funding methods, retiree health insurance premiums and subsidies, or any other decisions made by the board that impact system liabilities and actuarially recommended contribution rates for employers and that are not made in conjunction with the actuarial investigations required by paragraph (c) of this subsection, an actuarial analysis shall be completed showing the projected impact of the changes on funding levels, unfunded liabilities, and actuarially recommended contribution rates for employers over a thirty (30) year period. (f) All actuarial investigations, analyses, and valuations shall be certified to the board by an actuary who shall be a fellow of the Conference of Consulting Actuaries or a member of the American Academy of Actuaries. (2) A copy of each actuarial investigation, actuarial analysis, and annual valuation required by subsection (1) of this section shall be forwarded electronically to the Legislative Research Commission no later than ten (10) days after receipt by the board, and the Legislative Research Commission shall distribute the information received to the committee staff and co-chairs of any committee that has jurisdiction over the Kentucky Retirement Systems. The actuarial valuation required by subsection (1)(b) of this section shall be submitted no later than November 15 following the close of the fiscal year. (3) The Legislative Research Commission may employ an actuary with the same qualifications as the actuary employed by the board, and the board shall, free of charge, provide the actuary employed by the Commission with the same data provided to its own actuary, and any supplementary data he or she may require. The actuary employed by the Commission shall review the assumptions, determinations and recommendations of the board actuary, and legislative proposals related to the retirement systems, and report his or her findings to the Commission and to the board. Except as provided by KRS 7A.240(5), the board shall pay fifty percent (50%) of the cost of the Commission’s actuary, and the Commission shall pay the other fifty percent (50%).", 61,61.675,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Employer’s administrative duties — Audit — Filing of contributions and reports — Delinquency in making installment payments.,"(1) Except as provided by subsection (5) of this section, the employer shall prepare the records and, from time to time, shall furnish the information the system may require in the discharge of its duties. Upon employment of an employee, the employer shall inform him of his duties and obligations in connection with the system as a condition of employment. (2) The system may at any time conduct an audit of the employer in order to determine if the employer is complying with the provisions of KRS 16.505 to 16.652, 61.610 to 61.705, or 78.510 to 78.852. The system shall have access to and may examine all books, accounts, reports, correspondence files, and records of any employer. Every employer, employee, or agency reporting official of a department or county, as defined in KRS 78.510(3), having records in his possession or under his control, shall permit access to and examination of the records upon the request of the system. (3) (a) Any agency participating in the Kentucky Employees Retirement System which is not an integral part of the executive branch of state government shall file the following at the retirement office on or before the tenth day of the month following the period being reported: 1. The employer and employee contributions required under KRS 61.560, 61.565, and 61.702; 2. The employer contributions and reimbursements for retiree health insurance premiums required under KRS 61.637; and 3. A record of all contributions to the system on the forms prescribed by the board. (b) If the agency fails to file all contributions and reports on or before the tenth day of the month following the period being reported, interest on the delinquent contributions at the actuarial rate adopted by the board compounded annually, but not less than one thousand dollars ($1,000), may be added to the amount due the system. (4) If a nonhazardous employer in the Kentucky Employees Retirement System is delinquent in paying the employer contributions required by KRS 61.565 for a period of ninety (90) days or more for those contributions payable on or after July 1, 2021, or if an employer who voluntarily ceases participation in the Kentucky Employees Retirement System as provided by KRS 61.522(8) elects to pay off the costs of ceasing participation by installment payments as provided by KRS 61.522(8)(g) and subsequently is delinquent in making installment payments for a period of ninety (90) days or more: (a) Employees of the employer who are participating in the system or who are continuing to participate in the system after the employer’s effective cessation date as provided by KRS 61.522(8)(d)2. shall not accrue any additional service credit or benefits in the system through the employer or ceasing employer until such time as the employer has satisfied the required employer contributions or installment payments to the system; (b) The board may file an action in the Franklin Circuit Court to collect any delinquent employer contributions or installment payments owed by the employer and to attach so much of the general fund appropriations of the delinquent employer as is necessary to achieve full compliance with the provisions of KRS 61.522(8) or 61.565; and (c) The systems shall notify the Finance and Administration Cabinet, and the Finance and Administration Cabinet may withhold or intercept from the employer or ceasing employer a sufficient portion of any appropriated state funds not yet disbursed to the employer or ceasing employer to satisfy the required employer contributions or installment payments to the system. (5) Employers shall not be required to report any information or pay employer contributions on any individual serving as a volunteer who is receiving compensation from the employer equal to or less than a nominal fee as defined by KRS 61.510 and 78.510 if the compensation paid to the volunteer is excluded from the definition of creditable compensation as provided by KRS 61.510(13) or 78.510(13).", 61,61.680,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Consent of employees to deductions — Consolidation for determination of eligibility and determination of benefits — Waiver — Choice among retirement systems — Reciprocal arrangements.,"(1) Prior to August 1, 1982, every employee shall be deemed to consent and agree to any deduction from his or her compensation required by KRS 6.500 to 6.535, 16.505 to 16.652, 61.510 to 61.692, 78.510 to 78.852, and to all other provisions thereof. Thereafter, employee contributions shall be picked up by the employer pursuant to KRS 61.560(4). (2) (a) Notwithstanding any other provisions of KRS 6.500 to 6.535, 16.505 to 16.652, 61.510 to 61.692, 78.510 to 78.852 and 161.220 to 161.714: 1. Upon death, disability, or service retirement, a member’s accounts under the Legislators’ Retirement Plan, State Police Retirement System, Kentucky Employees Retirement System, County Employees Retirement System, and Teachers’ Retirement System, except for service prohibited by KRS 161.623(2), shall be consolidated for the purpose of determining eligibility and amount of benefits, including those members who participate in the hybrid cash balance plan within the Kentucky Employees Retirement System, the County Employees Retirement System, and the State Police Retirement System, on or after January 1, 2014, and regardless of the transition of administration of the County Employees Retirement System to the County Employees Retirement System board of trustees; 2. Vested service credit in a retirement system, other than the Teachers’ Retirement System, sponsored by a Kentucky institution of higher education and accepted by the Kentucky Employees Retirement System or the County Employees Retirement System, may be used to determine eligibility for twenty-seven (27) year retirement for an employee who begins participating before September 1, 2008, but not the amount of benefits; 3. The computation of benefits shall be based on the applicable formula in each system and service credit in each system, but the final compensation, excluding compensation earned under KRS 161.155(10), shall be determined as if all service were in one (1) system; 4. If the member has prior service in more than one (1) system administered by Kentucky Retirement Systems, he or she shall obtain at least twelve (12) months’ current service in each system in which he or she has prior service in order to validate the prior service in each system for purposes of determining consolidated benefits under this subsection; and 5. Upon the determination of benefits, each system shall pay the applicable amount of benefits due the member. (b) The provisions of paragraph (a) of this subsection shall be waived if the member: 1. Notifies the system of his or her desire to maintain separate retirement accounts in the State Police Retirement System, Kentucky Employees Retirement System, or County Employees Retirement System; or 2. Fails to simultaneously retire from all state-administered retirement systems in which the member has an account or fails to retire from any other systems not administered by Kentucky Retirement Systems within one (1) month of the member’s effective retirement date in the systems administered by Kentucky Retirement Systems. (c) If the member has not contributed at least one (1) year in a system in which he or she has prior service, his or her current service in the system shall be valid for purposes of determining eligibility and in computation of benefits on a consolidated basis. (3) (a) A member with service credit in the Kentucky Employees Retirement System, State Police Retirement System, or the County Employees Retirement System who becomes the holder of an office entitling him or her to membership in the Judicial Retirement Plan or the Legislators’ Retirement Plan, but who does not elect within thirty (30) days after taking office in such service to participate in the plan, in accordance with KRS 6.505 or 21.360, shall be deemed to have elected to retain membership in the system in which he or she is a member, either the Kentucky Employees Retirement System, State Police Retirement System, or the County Employees Retirement System. In that event, the agency employing the member shall withhold employee contributions, or picked-up employee contributions after August 2, 1982, make employer contributions and remit these contributions to the system in which the member retained his or her membership. (b) Any person entitled to membership in the Judicial Retirement Plan or the Legislators’ Retirement Plan, who does not elect within thirty (30) days after taking office to participate in the plan, in accordance with KRS 6.505 or 21.360, and who at the time of taking office is not a contributing member of, or does not have service credit in, any of the retirement systems mentioned in this section, or the Teachers’ Retirement System, shall participate in the Kentucky Employees Retirement System. (c) A member of one (1) of the state-administered retirement plans who ceases to contribute to the plan as provided in KRS 21.360 and who is employed in a nonelected position by an agency participating in the Kentucky Retirement Systems or Kentucky Teachers’ Retirement System shall be deemed to have elected membership in the system in which the employer of the nonelected position participates. A member of one (1) of the state-administered retirement plans who ceases to contribute to the plan as provided in KRS 21.360 and who is not employed in a nonelected position by an agency participating in the Kentucky Retirement Systems shall be deemed to have elected membership in the Kentucky Employees Retirement System. (4) (a) Prior to July 1, 1976, a person entering the service of an employer participating in the Kentucky Employees Retirement System or the County Employees Retirement System with service credit in the Teachers’ Retirement System and who desires to retain membership in the Teachers’ Retirement System, and who is permitted by that system to continue, shall be exempt from participating in the Kentucky Employees Retirement System or the County Employees Retirement System. (b) Any person who has elected to retain membership in the Teachers’ Retirement System as provided in paragraph (a) of this subsection may cancel his or her election and participate in the system under which his or her position would normally participate, if he or she elects to cancel his or her option prior to January 1, 1977. (c) Any member of the General Assembly who upon election is a contributing member of the Teachers’ Retirement System and who does not elect within thirty (30) days after taking office to participate in the Legislators’ Retirement Plan, in accordance with KRS 6.505, shall during his or her term of office participate in the Kentucky Employees Retirement System unless an election to retain membership in the Teachers’ Retirement System is filed in writing within ninety (90) days after his or her term of office begins. No contributions may be made to the Teachers’ Retirement System for the same period of service under the Legislators’ Retirement Plan or the Kentucky Employees Retirement System as a member of the General Assembly, but contributions made to the Teachers’ Retirement System while a member of the General Assembly shall be transferred to the Legislators’ Retirement Plan, as provided for in KRS 6.535, when the member elects to join the Legislators’ Retirement Plan, and service credit in the Legislators’ Retirement Plan shall be granted as provided for in KRS 6.505(5). (5) Any member of the Kentucky Employees Retirement System or County Employees Retirement System who is working in a position covered by one (1) of these retirement systems and his or her employee contributions, service credit and employer contributions made on his or her behalf are being transferred to the other retirement system shall contribute to the system in which his or her employer participates, or after August 1, 1982, the employer shall pick up the employee contributions, and no further contributions or service credit shall be transferred to the system in which he or she elected to retain membership, as subsection (2) of this section eliminates the necessity of the transfers. (6) (a) Except as provided by KRS 61.545(3)(b)2., any member of the Kentucky Employees Retirement System or County Employees Retirement System who is working in more than one (1) position covered by the same retirement system, shall have his or her wages and contributions consolidated and his or her retirement account administered as a single account. If part-time positions are involved, an accumulation of all hours worked within the same retirement system shall be used to determine eligibility under KRS 61.510(21). (b) The provisions of this subsection shall not apply to an individual serving as a volunteer who is receiving compensation from the employer equal to or less than a nominal fee as defined by KRS 61.510 and 78.510 if the compensation paid to the volunteer is excluded from the definition of creditable compensation as provided by KRS 61.510(13) or 78.510(13). (7) (a) Notwithstanding the provisions of subsection (2) of this section, a person who does not have the amount of service required for service retirement in the State Police Retirement System, Kentucky Employees Retirement System, County Employees Retirement System, Legislators’ Retirement Plan, or Teachers’ Retirement System, but who is a member of one (1) of the systems or is a former member of one (1) or more of the systems with valid service credit therein, shall become eligible for service retirement benefits attributable to the amount of his or her actual service credit in each system in which he or she has service credit when his or her combined service credit in all the systems, plus any service credit he or she has in the Judicial Retirement Plan, is equal to that required for service retirement in each respective system. The computation of benefits shall be based on the applicable formula in each system and service credit in each system, except that total service in all systems, unless prohibited by KRS 161.623(2), shall be used to determine the reduction for early retirement, if any. Except as provided in KRS 21.360, the final compensation shall be determined by using the creditable compensation reported to the State Police Retirement System, Kentucky Employees Retirement System, County Employees Retirement System, Legislators’ Retirement Plan, or Teachers’ Retirement System and only as much of the compensation earned in the Judicial Retirement Plan as is needed to satisfy the final compensation requirement applicable in the respective retirement systems. (b) Paragraph (a) of this subsection shall be waived if the member fails to simultaneously retire from all state-administered retirement systems in which the member has an account or fails to retire from any other systems not administered by Kentucky Retirement Systems within one (1) month of the member’s effective retirement date in the systems administered by the Kentucky Retirement Systems. (8) Each retirement system from which the member retires shall pay a retirement allowance upon receipt of required forms and documents, except that no retirement system shall pay a retirement allowance or annuity until all forms and documents are filed at all retirement systems in compliance with each system’s requirements.", 61,61.685,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,"Records — Audits — System’s authority to enforce its powers — Limitation of liability — Fraudulent claims to obtain benefits — Investigation, enforcement, and penalties.","(1) Notwithstanding the provisions of KRS Chapter 413, upon discovery of any error or omission in system records, the system shall correct all records, including but not limited to membership in the system, service credit, member and employer contributions, and benefits paid or payable. The system may conduct audits to detect possible fraud, misrepresentation, and change in circumstance, which may result in errors or omissions in the system’s records. The system, by its executive director or by representatives appointed in writing by the executive director, may take testimony or depositions, and may examine records, documents, or files of any person whose records, documents, or files may furnish knowledge concerning any system records, when the executive director or representative deems this reasonably necessary for purposes incident to the performance of the system’s functions. The system may enforce these powers by application to the Franklin Circuit Court, which court may compel compliance with the orders of the executive director or representatives appointed by the executive director. (2) Neither the board nor any of its individual members shall be liable to any person for any claim arising from the failure of any participating employer, or any employer who should have been participating in any retirement system operated by the board, to make retirement contributions on behalf of the person. (3) (a) For purposes of this subsection: 1. “Knowingly” means, with respect to conduct or to a circumstance described by this subsection, that a person is aware that his or her conduct is of that nature or that the circumstance exists; and 2. “Person” means a natural person, individual, county, city, agency, board or commission, sole proprietorship, partnership, corporation, limited liability company, organization, association, business, trust, or other legal entity. “Person” may be construed as singular or plural. (b) A person shall be liable under this subsection if he or she knowingly: 1. Submits or causes to be submitted a false or fraudulent claim for the payment or receipt of any benefit provided under KRS 16.505 to 16.652, 61.510 to 61.705, and 78.510 to 78.852; 2. Makes, uses, or causes to be made or used a false record or statement material to a false or fraudulent claim to obtain benefits provided under KRS 16.505 to 16.652, 61.510 to 61.705, and 78.510 to 78.852; or 3. Possesses or otherwise has custody or control of money, records, or property used or to be used by the Kentucky Public Pensions Authority or the systems it administers and fails to deliver or delivers less than all of the money, records, or property to which the authority or the retirement systems it administers are entitled, including but not limited to member agencies failing to report and remit employer and employee contributions and employment records to the authority. (c) A person found to have committed one (1) or more of the actions under paragraph (b) of this subsection by a preponderance of the evidence in an administrative process before the authority or in an action before the Franklin Circuit Court in conformity with all due process protections shall be liable for: 1. Restitution of any payments received for which the person was not entitled to receive by reason of violation of KRS 16.505 to 16.652, 61.510 to 61.705, or 78.510 to 78.852 and interest at the maximum legal rate pursuant to KRS 360.010 in effect on the date any payment was made for the period from the date payment was made to the date of repayment to the authority; 2. A civil payment in an amount up to three (3) times the amount of the excess payments; 3. A civil payment of five hundred dollars ($500) for each false or fraudulent claim submitted for the payment of benefits under KRS 16.505 to 16.652, 61.510 to 61.705, and 78.510 to 78.852; and 4. Legal fees and costs of investigation and enforcement of civil remedies, including all attorneys’ fees and costs of litigation. (d) Upon the written request of the authority, the Attorney General shall investigate and file the necessary actions to enforce civil penalties for violations of this subsection and, if funds are recovered by or on behalf of the authority in any legal action, may recover reasonable costs of litigation as determined by the court as provided by KRS 48.005. (e) Civil payments, interest, and costs of investigation and enforcement of civil remedies, including attorneys’ fees and other costs not included under paragraph (d) of this subsection, recovered on behalf of the authority under this subsection shall be made payable to the State Treasurer and remitted to the Kentucky Public Pensions Authority for deposit in the affected trusts administered by the Kentucky Public Pension Authority. The affected trusts shall be made whole, and any additional penalties and fees shall be distributed to the trusts as a whole consistent with the methods used to distribute administrative expenses between the trusts. (f) The remedies under this section are separate from and cumulative to any other administrative, civil, or criminal remedies available to the authority and the systems it administers under federal or state law or regulation.", 61,61.690,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,"Exemption of retirement allowances — Taxability after December 31, 1997 — Domestic relations orders.","(1) Except as otherwise provided by this section and KRS 61.705(4), all retirement allowances and other benefits accrued or accruing to any person under the provisions of KRS 61.510 to 61.705, 16.505 to 16.652, and 78.510 to 78.852, and the accumulated account balance and cash securities in the funds created under KRS 61.510 to 61.705, 16.505 to 16.652, and 78.510 to 78.852, are hereby exempt from any state, county, or municipal tax, and shall not be subject to execution, attachment, garnishment, or any other process, and shall not be assigned. (2) Notwithstanding the provisions of subsection (1) of this section, retirement benefits accrued or accruing to any person under the provisions of KRS 61.510 to 61.705, 16.505 to 16.652, and 78.510 to 78.852 on or after January 1, 1998, shall be subject to the tax imposed by KRS 141.020, to the extent provided in KRS 141.010 and 141.0215 (3) Qualified domestic relations orders issued by a court or administrative agency shall be honored by the retirement system if: (a) The benefits payable pursuant to the order meet the requirements of a qualified domestic relations order as provided by 26 U.S.C. sec. 414(p). The retirement system shall follow applicable provisions of 26 U.S.C. sec. 414(p) in administering qualified domestic relations orders; (b) The order meets the requirements established by the retirement system and by subsections (3) to (11) of this section. The board of trustees of the retirement system shall establish the requirements, procedures, and forms necessary for the administration of qualified domestic relations orders by promulgation of administrative regulations in accordance with KRS Chapter 13A; and (c) The order is on the form established by the retirement system pursuant to the retirement system’s authority provided under paragraph (3)(b) of this subsection. (4) A qualified domestic relations order shall not: (a) Require the retirement system to take any action not authorized under state or federal law; (b) Require the retirement system to provide any benefit, allowance, or other payment not authorized under state or federal law; (c) Grant or be construed to grant the alternate payee any separate right, title, or interest in or to any retirement benefit other than to receive payments from the participant’s account in accordance with the administrative regulations promulgated by the retirement system and as provided by subsections (3) to (11) of this section; or (d) Grant any separate interest to any person other than the participant. (5) Any qualified domestic relations order submitted to the retirement system shall specify the dollar amount or percentage amount of the participant’s benefit to be paid to the alternate payee. In calculating the amount to be paid to the alternate payee, the court or administrative agency that is responsible for issuing the order shall follow the requirements set forth in the administrative regulations promulgated by the board of trustees. Notwithstanding any other statute to the contrary, the board shall not be required to honor a qualified domestic relations order that does not follow the requirements set forth in the administrative regulations promulgated by the board of trustees. (6) If the qualified domestic relations order meets the requirements established by the system and by subsections (3) to (11) of this section, payments to the alternate payee shall begin under the following conditions: (a) If the participant is retired and is receiving a monthly retirement allowance, the month following the date the retirement system receives a qualified domestic relations order that complies with the administrative regulations promulgated by the retirement system and subsections (3) to (11) of this section; or (b) If the participant is not retired, the month of the participant’s effective retirement date in which the first retirement allowance is payable to the participant or the month in which the participant receives a refund of his or her accumulated account balance as provided by KRS 61.625. (7) An alternate payee’s benefits and rights under a qualified domestic relations order shall terminate upon the earlier of: (a) The death of the participant; (b) The death of the alternate payee; or (c) The termination of the participant’s benefits under any of the provisions of KRS 16.505 to 16.652, 61.510 to 61.705, and 78.510 to 78.852. (8) An alternate payee shall not receive a monthly payment under a qualified domestic relations order if the participant is not receiving a monthly retirement allowance. (9) The cost of living adjustment provided to the participant pursuant to KRS 61.691 or 78.5518 shall be divided between the participant and alternate payee in a qualified domestic relations order as follows: (a) If the order specifies the alternate payee is to receive a percentage of the participant’s benefit, then the cost of living adjustment shall be divided between the participant and the alternate payee based upon the percentage of the total benefit each is receiving upon the participant’s retirement or upon the date the order is approved by the retirement system, whichever is later; or (b) If the order specifies that the alternate payee is to receive a set dollar amount of the participant’s benefit, then the order shall specify that: 1. The cost of living adjustment shall be divided between the participant and the alternate payee based upon the percentage of the total benefit each is receiving upon the participant’s retirement or upon the date the order is approved by the retirement system, whichever is later; or 2. The alternate payee shall receive no cost of living adjustment. If the order does not specify the division of the cost of living adjustment as required by this paragraph, then no cost of living adjustment shall be payable to the alternate payee. If no cost of living adjustment is provided to the alternate payee, then the participant shall receive the full cost of living adjustment he or she would have received if the order had not been applied to the participant’s account. (10) Except in cases involving child support payments, the retirement system may charge reasonable and necessary fees and expenses to the recipient and the alternate payee of a qualified domestic relations order for the administration of the qualified domestic relations order by the retirement system. All fees and expenses shall be established by administrative regulations promulgated by the board of trustees of the retirement system. The qualified domestic relations order shall specify whether the fees and expenses provided by this subsection shall be paid: (a) Solely by the participant; (b) Solely by the alternate payee; or (c) Equally shared by the participant and alternate payee. (11) The retirement system shall honor a qualified domestic relations order issued prior to July 15, 2010, if: (a) The order was on file and approved by the retirement system prior to July 15, 2010. All benefits, including cost of living adjustments payable to the alternate payee, for orders that meet the requirements of this paragraph shall not be eliminated or reduced as a result of the provisions of subsections (3) to (10) of this section and KRS 61.510(27) and 78.510(26); or (b) The order or an amended version of the order meets the requirements established by this section and the administrative regulations promulgated by the retirement system. The order shall not apply to benefit payments issued by the retirement system prior to the date the order was approved by the retirement system.", 61,61.691,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Increase of benefits.,"(1) Effective August 1, 1996, to July 1, 2008, a recipient of a retirement allowance under KRS 16.505 to 16.652 and 61.510 to 61.705 shall have his or her retirement allowance increased on July 1 of each year by the percentage increase in the annual average of the consumer price index for all urban consumers for the most recent calendar year as published by the federal Bureau of Labor Statistics, not to exceed five percent (5%). In determining the annual employer contribution rate, only the cost of increases granted as of the most recent valuation date shall be recognized. The benefits of this subsection as provided on August 1, 1996, to July 1, 2008, shall not be considered as benefits protected by the inviolable contract provisions of KRS 16.652 and 61.692. The General Assembly reserves the right to suspend or reduce the benefits conferred in this subsection if in their judgment the welfare of the Commonwealth so demands. (2) (a) Effective July 1, 2009, and on July 1 of each year thereafter, a recipient of a retirement allowance under KRS 16.505 to 16.652 and 61.510 to 61.705 shall have his or her retirement allowance increased by one and one-half percent (1.5%), if: 1. The funding level of the system is greater than one hundred percent (100%) and subsequent legislation authorizes the use of any surplus actuarial assets to provide an increase in retirement allowances described by this subsection for the system which has the surplus actuarial assets; or 2. The General Assembly appropriates sufficient funds or directs payment of funds to fully prefund the increase described by this subsection in the year the increase is provided. (b) The board of trustees of the Kentucky Retirement Systems shall, at least thirty (30) days prior to the beginning of regular sessions of the General Assembly held in even-numbered years, advise the General Assembly of the following: 1. Which systems have a funding level greater than one hundred percent (100%) and can support an increase in recipients’ retirement allowances as provided by paragraph (a) of this subsection over the next budget biennium without reducing the funding level of the system below one hundred percent (100%); and 2. If no surplus actuarial assets are available, the level of funds needed to fully prefund an increase for system recipients over the next budget biennium if a one and one-half percent (1.5%) increase is provided annually over the biennium. (c) For purposes of this subsection, “funding level” means the actuarial value of assets divided by the actuarially accrued liability expressed as a percentage that is determined and reported by the system’s actuary in the system’s actuarial valuation. (d) The full increase described by this subsection shall only be provided if the recipient has been receiving a benefit for at least twelve (12) months prior to the effective date of the increase. If the recipient has been receiving a benefit for less than twelve (12) months prior to the effective date of the increase provided by this subsection, the increase shall be reduced on a pro rata basis for each month the recipient has not been receiving benefits in the twelve (12) months preceding the effective date of the increase. (e) In determining the annual employer contribution rate, only the cost of increases granted as of the most recent valuation date shall be recognized. (f) The benefits of this subsection as provided on July 1, 2009, and thereafter shall not be considered as benefits protected by the inviolable contract provisions of KRS 16.652 and 61.692. The General Assembly reserves the right to suspend or reduce the benefits conferred in this subsection if, in its judgment, the welfare of the Commonwealth so demands. (3) A reemployed retired member whose payments are suspended as provided under KRS 61.637 shall be eligible for an increase in his or her suspended retirement allowance as provided under this section, computed as if he or she were receiving the retirement allowance at the time the increase under this section is effective. (4) In addition to the increase to a recipient’s retirement allowance as provided by subsection (2) of this section, the General Assembly may, by subsequent legislation, provide supplemental increases to a recipient’s retirement allowance to help adjust for actual changes in the recipient’s cost of living if the General Assembly appropriates sufficient funds to fully prefund the benefit in the year the increase is provided.", 61,61.692,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,"Benefits not to be reduced or impaired for members who began participating before January 1, 2014 — Exceptions — Amendment of benefits and rights. [Declared void — See LRC Note Below]","(1) For members who begin participating in the Kentucky Employees Retirement System prior to January 1, 2014, it is hereby declared that in consideration of the contributions by the members and in further consideration of benefits received by the state from the member’s employment, KRS 61.510 to 61.705 shall constitute an inviolable contract of the Commonwealth, and the benefits provided therein shall not be subject to reduction or impairment by alteration, amendment, or repeal, except: (a) As provided in KRS 6.696; and (b) The General Assembly reserves the right to amend, reduce, or suspend any legislative changes to the provisions of KRS 61.510 to 61.705 that become effective on or after July 1, 2018. (2) (a) For members who begin participating in the Kentucky Employees Retirement System on or after January 1, 2014, the General Assembly reserves the right to amend, suspend, or reduce the benefits and rights provided under KRS 61.510 to 61.705 if, in its judgment, the welfare of the Commonwealth so demands, except that the amount of benefits the member has accrued at the time of amendment, suspension, or reduction shall not be affected. (b) For purposes of this subsection, the amount of benefits the member has accrued at the time of amendment, suspension, or reduction shall be limited to the accumulated account balance the member has accrued at the time of amendment, suspension, or reduction. (c) The provisions of this subsection shall not be construed to limit the General Assembly’s authority to change any other benefit or right specified by KRS 61.510 to 61.705, except the benefits specified by paragraph (b) of this subsection, for members who begin participating in the Kentucky Employees Retirement System on or after January 1, 2014. (3) The provisions of this section shall not be construed to limit the General Assembly’s authority to amend, reduce, or suspend the benefits and rights of members of the Kentucky Employees Retirement System as provided by KRS 61.510 to 61.705 that the General Assembly had the authority to amend, reduce, or suspend, prior to July 1, 2013.", 61,61.695,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,"Alteration, amendment or repeal. [Repealed.]",, 61,61.699,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,System’s ability to require statements under oath.,"(1) Any person, including, but not limited to, members and agency reporting officials, who makes a statement, report, or representation, shall, at the request of the system, make the statement, report, or representation under oath with an acknowledgment that a false statement, report, or representation shall be punishable by law. (2) Notwithstanding subsection (1) of this section, the system may, in its discretion, rely in good faith on any unsworn statement, report, or representation without further inquiry.", 61,61.700,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,False statements or falsification of records — Penalty. [Repealed.],, 61,61.701,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,"Kentucky Retirement Systems insurance trust fund — Purpose — Participation, regulation, and termination.","(1) (a) There is hereby maintained a trust fund known as “Kentucky Retirement Systems insurance trust fund.” (b) Insurance trust fund assets shall be deemed trust funds to be held and applied solely as provided in this section. Assets shall not be used for any other purpose and shall not be used to pay the claims of creditors or any individual, person, or employer participating in the Kentucky Employees Retirement System, County Employees Retirement System, or State Police Retirement System. (c) The trust fund has been established as a trust exempt from taxation under 26 U.S.C. sec. 115. (2) The insurance trust fund has been created for the purpose of providing a trust separate from the retirement funds. Trust fund assets are and shall be: (a) Dedicated for use for health benefits as provided in KRS 61.702 and 78.5536 and as permitted under 26 U.S.C. secs. 105 and 106, to retired recipients and employees of employers participating in the Kentucky Employees Retirement System, County Employees Retirement System, and State Police Retirement System, and to certain of their dependents or beneficiaries, including but not limited to qualified beneficiaries as described in 42 U.S.C. secs. 300bb-1 et seq.; (b) For recordkeeping purposes, segregated from the retirement trust funds established under KRS 16.510, 61.515, and 78.520 and attributable to members of the State Police Retirement System, the Kentucky Employees Retirement System, and the County Employees Retirement System, respectively, and when payment is made from the insurance trust fund: 1. The assets attributable to members of the Kentucky Employees Retirement System shall not be used to pay health benefits for members of the County Employees Retirement System or the State Police Retirement System; 2. The assets attributable to members of the County Employees Retirement System shall not be used to pay health benefits for members of the Kentucky Employees Retirement System or the State Police Retirement System; and 3. The assets attributable to members of the State Police Retirement System shall not be used to pay health benefits for members of the Kentucky Employees Retirement System or the County Employees Retirement System; and (c) For recordkeeping purposes for the assets attributable to the members of the Kentucky Employees Retirement System and the County Employees Retirement System, further segregated between members in hazardous positions as defined in KRS 61.592 and 78.510 and members in nonhazardous positions as defined in KRS 61.510 and 78.510, and when payment is made from the insurance trust fund: 1. The assets attributable to members in hazardous positions shall not be used to pay health benefits to members in nonhazardous positions; and 2. The assets attributable to members in nonhazardous positions shall not be used to pay health benefits to members in hazardous positions. (3) The boards shall manage the assets of the insurance fund in the same manner in which the respective board administers its retirement funds, except that separate accounting and financial reporting shall be maintained for the insurance trust fund. (4) In addition to the requirements of subsection (2) of this section, the employers participating in the trust funds are limited to the Commonwealth, political subdivisions of the Commonwealth, and entities whose income is exempt from taxation under 26 U.S.C. sec. 115. No other entity may participate in the insurance trust funds. (5) If the insurance trust fund is terminated, the assets in the insurance trust fund may revert, after the payment of all liabilities, to the participating employers as determined by the board of trustees. (6) The respective board of trustees may adopt regulations and procedures and take all action necessary and appropriate to provide that the income of the insurance trust fund the board administers is exempt from taxation under Title 26 of United States Code. (7) The establishment of the Kentucky Retirement Systems insurance trust fund shall not diminish or expand the rights of any recipients, employees, or dependents to health benefits.", 61,61.702,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Group hospital and medical insurance plan coverage — Inclusion in Kentucky Employees Health Plan — Employee and employer contributions — Minimum service requirements — Members with service in other retirement systems — Exemption from premium tax — Administrative regulation.,"(1) For purposes of this section: (a) “Hospital and medical insurance plan” may include, at the board’s discretion, any one (1) or more of the following: 1. Any hospital and medical expense policy or certificate, provider-sponsored integrated health delivery network, self-insured medical plan, health maintenance organization contract, or other health benefit plan; 2. Any health savings account as permitted by 26 U.S.C. sec. 223 or health reimbursement arrangement or a similar account as may be permitted by 26 U.S.C. sec. 105 or 106. Such arrangement or account, at the board’s discretion, may reimburse any medical expense permissible under 26 U.S.C. sec. 213; or 3. A medical insurance reimbursement program established by the board through the promulgation of administrative regulation under which members purchase individual health insurance coverage through a health insurance exchange established under 42 U.S.C. sec. 18031 or 18041; (b) “Monthly contribution rate” is the amount determined by the board based upon the requirements of subsection (4)(a) to (d) of this section, except that for members who began participating in the system on or after July 1, 2003, the term shall mean the amount determined in subsection (4)(e) of this section; and (c) “Months of service” means the total months of combined service used to determine benefits under the system, except service added to determine disability benefits or service otherwise prohibited from being used to determine retiree health benefits under KRS 16.505 to 16.652 or 61.510 to 61.705 shall not be counted as “months of service.” For current and former employees of the Council on Postsecondary Education who were employed prior to January 1, 1993, and who earn at least fifteen (15) years of service credit in the Kentucky Employees Retirement System, “months of service” shall also include vested service in another retirement system other than the Kentucky Teachers’ Retirement System sponsored by the Council on Postsecondary Education. (2) (a) 1. The board of trustees of the system shall arrange by appropriate contract or on a self-insured basis to provide a group hospital and medical insurance plan coverage for: a. Present and future recipients of a retirement allowance from the Kentucky Employees Retirement System and the State Police Retirement System; and b. The spouse and each qualified dependent of a recipient who is a former member or the beneficiary, provided the spouse and dependent meet the requirements to participate in the hospital and medical insurance plans established, contracted, or authorized by the system. 2. Any recipient who chooses coverage under a hospital and medical insurance plan shall pay, by payroll deduction from the retirement allowance, electronic funds transfer, or by another method, the difference between the premium cost of the hospital and medical insurance plan coverage selected and the monthly contribution rate to which he or she would be entitled under this section. (b) 1. For present and future recipients of a retirement allowance from the system who are not eligible for Medicare and for those recipients described in subparagraph 3.b. of this paragraph, the board may authorize these participants to be included in the Kentucky Employees Health Plan as provided by KRS 18A.225 to 18A.2287 and shall provide benefits for recipients in the plan equal to those provided to state employees having the same Medicare hospital and medical insurance eligibility status. Notwithstanding the provisions of any other statute except subparagraph 3.b. of this paragraph, system recipients shall be included in the same class as current state employees for purposes of determining medical insurance policies and premiums in the Kentucky Employees Health Plan as provided by KRS 18A.225 to 18A.2287. 2. Regardless of age, if a recipient or the spouse or dependent child of a recipient who elects coverage becomes eligible for Medicare, he or she shall participate in the plans offered by the systems for Medicare eligible recipients. Individuals participating in the Medicare eligible plans may be required to obtain and pay for Medicare Part A and Part B coverage, in order to participate in the Medicare eligible plans offered by the system. 3. The system shall continue to provide the same hospital and medical insurance plan coverage for recipients and qualifying dependents after the age of sixty-five (65) as before the age of sixty-five (65), if: a. The recipient is not eligible for Medicare coverage; or b. The recipient would otherwise be eligible for Medicare coverage but is subject to the Medicare Secondary Payer Act under 42 U.S.C. sec. 1395y(b) and has been reemployed by a participating agency which offers the recipient a hospital and medical insurance benefit or by a participating agency which is prevented from offering a hospital and medical benefit to the recipient as a condition of reemployment under KRS 70.293, 95.022, or 164.952. Individuals who are eligible, pursuant to this subdivision, to be included in the Kentucky Employees Health Plan as provided by KRS 18A.225 to 18A.2287 may be rated as a separate class from other eligible employees and retirees for the purpose of determining medical insurance premiums. (c) For recipients of a retirement allowance who are not eligible for the same level of hospital and medical benefits as recipients living in Kentucky having the same Medicare hospital and medical insurance eligibility status, the board shall provide a medical insurance reimbursement plan as described in subsection (6) of this section. (d) Notwithstanding anything in KRS Chapter 16 or 61 to the contrary, the board of trustees, in its discretion, may take necessary steps to ensure compliance with 42 U.S.C. secs. 300bb-1 et seq. (3) (a) Each employer participating in the Kentucky Employees Retirement System or the State Police Retirement System as provided in KRS 16.505 to 16.652 or 61.510 to 61.705 shall contribute to the insurance trust fund established under KRS 61.701 the amount necessary to provide the monthly contribution rate as provided for under this section. Such employer contribution rate shall be developed by appropriate actuarial method as a part of the determination of each respective employer contribution rate determined under KRS 61.565. (b) 1. Each employer described in paragraph (a) of this subsection shall deduct from the creditable compensation of each member whose membership date begins on or after September 1, 2008, an amount equal to one percent (1%) of the member’s creditable compensation. The deducted amounts shall, at the discretion of the board, be credited to accounts established pursuant to 26 U.S.C. sec. 401(h), within the funds established in KRS 16.510 and 61.515, or the insurance trust fund established under KRS 61.701. Notwithstanding the provisions of this paragraph, a transfer of assets between the accounts established pursuant to 26 U.S.C. sec. 401(h), within the funds established in KRS 16.510 and 61.515, and the insurance trust fund established under KRS 61.701 shall not be allowed. 2. The employer shall file the contributions as provided by subparagraph 1. of this paragraph at the retirement office in accordance with KRS 61.675. Any interest or penalties paid on any delinquent contributions shall be credited to accounts established pursuant to 26 U.S.C. sec. 401(h), within the funds established in KRS 16.510 and 61.515, or the insurance trust fund established under KRS 61.701. Notwithstanding any minimum compensation requirements provided by law, the deductions provided by this paragraph shall be made, and the compensation of the member shall be reduced accordingly. 3. Each employer shall submit payroll reports, contributions lists, and other data as may be required by administrative regulation promulgated by the board of trustees pursuant to KRS Chapter 13A. 4. Every member shall be deemed to consent and agree to the deductions made pursuant to this paragraph, and the payment of salary or compensation less the deductions shall be a full and complete discharge of all claims for services rendered by the person during the period covered by the payment, except as to any benefits provided by KRS 16.505 to 16.652 or 61.510 to 61.705. No member may elect whether to participate in, or choose the contribution amount to accounts established pursuant to 26 U.S.C. sec. 401(h) within the funds established in KRS 16.510 and 61.515, or the insurance trust fund established under KRS 61.701. The member shall have no option to receive the contribution required by this paragraph directly instead of having the contribution paid to accounts established pursuant to 26 U.S.C. sec. 401(h) within the funds established in KRS 16.510 and 61.515, or the insurance trust fund established under KRS 61.701. No member may receive a rebate or refund of contributions. If a member establishes a membership date prior to September 1, 2008, pursuant to KRS 61.552(2) or (3), then this paragraph shall not apply to the member and all contributions previously deducted in accordance with this paragraph shall be refunded to the member without interest. The contribution made pursuant to this paragraph shall not act as a reduction or offset to any other contribution required of a member or recipient under KRS 16.505 to 16.652 or 61.510 to 61.705. 5. The board of trustees, at its discretion, may direct that the contributions required by this paragraph be accounted for within accounts established pursuant to 26 U.S.C. sec. 401(h) within the funds established in KRS 16.510 and 61.515, or the insurance trust fund established under KRS 61.701, through the use of separate accounts. (4) (a) The premium required to provide hospital and medical insurance plan coverage under this section shall be paid wholly or partly from funds contributed by: 1. The recipient of a retirement allowance, by payroll deduction from his or her retirement allowance, or by other method; 2. The insurance trust fund established under KRS 61.701 or accounts established pursuant to 26 U.S.C. sec. 401(h) within the funds established in KRS 16.510 and 61.515; 3. Another state-administered retirement system, including the County Employees Retirement System, under a reciprocal arrangement, except that any portion of the premium paid from the funds specified by subparagraph 2. of this paragraph under a reciprocal agreement shall not exceed the amount that would be payable under this section if all the member’s service were in the systems administered by the Kentucky Retirement Systems. If the board provides for cross-referencing of insurance premiums, the employer’s contribution for the working member or spouse shall be applied toward the premium, and the insurance trust fund established under KRS 61.701 or accounts established pursuant to 26 U.S.C. sec. 401(h) within the funds established in KRS 16.510 and 61.515 shall pay the balance; or 4. A combination of the fund sources described by subparagraphs 1. to 3. of this paragraph. Group rates under the hospital and medical insurance plan shall be made available to the spouse, each dependent child, and each disabled child, regardless of the disabled child’s age, of a recipient who is a former member or the beneficiary, if the premium for the hospital and medical insurance for the spouse, each dependent child, and each disabled child, or beneficiary is paid by payroll deduction from the retirement allowance, electronic funds transfer, or by another method. For purposes of this subsection only, a child shall be considered disabled if he or she has been determined to be eligible for federal Social Security disability benefits or meets the dependent disability standard established by the Department of Employee Insurance in the Personnel Cabinet. (b) For a member who began participating in the system prior to July 1, 2003, the monthly contribution rate shall be paid by the system from the funds specified under paragraph (a)2. of this subsection and shall be equal to a percentage of the single premium to cover the retired member as follows: 1. One hundred percent (100%) of the monthly premium for single coverage shall be paid for a retired member who had two hundred forty (240) months of service or more upon retirement or for a retired member who when he or she was an employee became disabled as a direct result of an act in line of duty as defined in KRS 16.505 or as a result of a duty-related injury as defined in KRS 61.621; 2. Seventy-five percent (75%) of the monthly premium for single coverage shall be paid for a retired member who had less than two hundred forty (240) months of service but at least one hundred eighty (180) months of service upon retirement, provided such retired member agrees to pay the remaining twenty-five percent (25%) by payroll deduction from his or her retirement allowance, electronic funds transfer, or by another method; 3. Fifty percent (50%) of the monthly premium for single coverage shall be paid for a retired member who had less than one hundred eighty (180) months of service but had at least one hundred twenty (120) months of service upon retirement, provided such retired member agrees to pay the remaining fifty percent (50%) by payroll deduction from his or her retirement allowance, electronic funds transfer, or by another method; or 4. Twenty-five percent (25%) of the monthly premium for single coverage shall be paid for a retired member who had less than one hundred twenty (120) months of service but had at least forty-eight (48) months of service upon retirement, provided such retired member agrees to pay the remaining seventy-five percent (75%) by payroll deduction from his or her retirement allowance, electronic funds transfer, or by another method. (c) Notwithstanding paragraph (b) of this subsection, for a member participating in the system prior to July 1, 2003, who: 1. Dies as a direct result of an act in line of duty as defined in KRS 16.505 or dies as a result of a duty-related injury as defined in KRS 61.621, the monthly premium shall be paid for his or her spouse so long as the spouse remains eligible for a monthly retirement benefit; 2. Becomes totally and permanently disabled as defined in KRS 16.582 as a direct result of an act in line of duty as defined in KRS 16.505 or becomes disabled as a result of a duty-related injury as defined in KRS 61.621 and is eligible for the benefits provided by KRS 61.621(5)(a), the monthly premium shall be paid for his or her spouse so long as the member and the spouse individually remain eligible for a monthly retirement benefit; and 3. Dies as a direct result of an act in line of duty as defined in KRS 16.505, dies as a result of a duty-related injury as defined in KRS 61.621, becomes totally and permanently disabled as defined in KRS 16.582 as a direct result of an act in line of duty as defined in KRS 16.505, or becomes disabled as a result of a duty-related injury as defined in KRS 61.621 and is eligible for the benefits provided by KRS 61.621(5)(a), the monthly premium shall be paid for each dependent child as defined in KRS 16.505, so long as the member remains eligible for a monthly retirement benefit, unless deceased, and each dependent child individually remains eligible under KRS 16.505. (d) 1. For a member who began participating in the system prior to July 1, 2003, who was determined to be in a hazardous position in the Kentucky Employees Retirement System or in a position in the State Police Retirement System, the funds specified under paragraph (a)2. of this subsection shall also pay a percentage of the monthly contribution rate sufficient to fund the premium costs for hospital and medical insurance coverage for the spouse and for each dependent child of a recipient. 2. The percentage of the monthly contribution rate paid for the spouse and each dependent child of a recipient who was in a hazardous position in accordance with subparagraph 1. of this paragraph shall be based solely on the member’s service in a hazardous position using the formula in paragraph (b) of this subsection. (e) For members who begin participating in the system on or after July 1, 2003: 1. Participation in the insurance benefits provided under this section shall not be allowed until the member has earned at least one hundred twenty (120) months of service in the state-administered retirement systems, except that for members who begin participating in the system on or after September 1, 2008, participation in the insurance benefits provided under this section shall not be allowed until the member has earned at least one hundred eighty (180) months of service credited under KRS 16.543(1) or 61.543(1), or another state-administered retirement system. 2. A member who meets the minimum service requirements as provided by subparagraph 1. of this paragraph shall upon retirement be eligible for the following monthly contribution rate to be paid on his or her behalf from the funds specified under paragraph (a)2. of this subsection: a. For members with service in a nonhazardous position, a monthly insurance contribution of ten dollars ($10) for each year of service as a participating employee in a nonhazardous position; and b. For members with service in a hazardous position or who participate in the State Police Retirement System, a monthly insurance contribution of fifteen dollars ($15) for each year of service as a participating employee in a hazardous position or the State Police Retirement System. c. Upon the death of the retired member, the beneficiary, if the beneficiary is the member’s spouse, shall be entitled to a monthly insurance contribution of ten dollars ($10) for each year of service the member attained as a participating employee in a hazardous position. 3. The minimum service requirement to participate in benefits as provided by subparagraph 1. of this paragraph shall be waived for a member who receives a satisfactory determination of a hazardous disability that is a direct result of an act in line of duty as defined in KRS 16.505, and the member shall be entitled to the benefits payable under this subsection as though the member had twenty (20) years of service in a hazardous position. 4. The minimum service required to participate in benefits as provided by subparagraph 1. of this paragraph shall be waived for a member who is disabled as a result of a duty-related injury as defined in KRS 61.621 and is eligible for the benefits provided by KRS 61.621(5)(b), and the member shall be entitled to the benefits payable under this subsection as though the member had twenty (20) years of service in a nonhazardous position. 5. Notwithstanding the provisions of this paragraph, the minimum service requirement to participate in benefits as provided by subparagraph 1. of this paragraph shall be waived for a for a member who dies as a direct result of an act in line of duty as defined in KRS 16.505, who becomes totally and permanently disabled as defined in KRS 16.582 as a direct result of an act in line of duty as defined in KRS 16.505, who dies as a result of a duty-related injury as defined in KRS 61.621, or who becomes disabled as a result of a duty-related injury as defined in KRS 61.621 and is eligible for the benefits provided by KRS 61.621(5)(a), and the premium for the member, the member’s spouse, and for each dependent child as defined in KRS 16.505 shall be paid in full by the systems so long as the member, member’s spouse, or dependent child individually remains eligible for a monthly retirement benefit. 6. Except as provided by subparagraph 5. of this paragraph, the monthly insurance contribution amount shall be increased: a. On July 1 of each year by one and one-half percent (1.5%). The increase shall be cumulative and shall continue to accrue after the member’s retirement for as long as a monthly insurance contribution is payable to the retired member or beneficiary but shall not apply to any increase in the contribution attributable to the increase specified by subdivision b. of this subparagraph; and b. On January 1 of each year by five dollars ($5) for members who have accrued an additional full year of service as a participating employee beyond the career threshold, subject to the following restrictions: i. The additional insurance contribution provided by this subdivision shall only be applied to the monthly contribution amounts provided under subparagraph 2.a. and b. of this paragraph; ii. The additional insurance contribution provided by this subdivision shall only be payable towards the health plans offered by the system to retirees who are not eligible for Medicare or for reimbursements provided to retirees not eligible for Medicare pursuant to subsection (6)(a)2. of this section; and iii. In order for the annual increase to occur as provided by this subdivision, the funding level of retiree health benefits for the system in which the employee is receiving the additional insurance contribution shall be at least ninety percent (90%) as of the most recent actuarial valuation and be projected by the actuary to remain ninety percent (90%) for the year in which the increase is provided. 7. The benefits of this paragraph provided to a member whose participation begins on or after July 1, 2003, shall not be considered as benefits protected by the inviolable contract provisions of KRS 16.652 or 61.692. The General Assembly reserves the right to suspend or reduce the benefits conferred in this paragraph if in its judgment the welfare of the Commonwealth so demands. 8. An employee whose membership date is on or after September 1, 2008, who retires and is reemployed in a regular full-time position required to participate in the system or the County Employees Retirement System shall not be eligible for health insurance coverage or benefits provided by this section and shall take coverage with his or her employing agency during the period of reemployment in a regular full-time position. 9. For purposes of this paragraph: a. “Career threshold” for a member with service in a nonhazardous position means twenty-seven (27) years of service credited under KRS 16.543(1), 61.543(1), 78.615(1), or another state-administered retirement system and for a member with service in a hazardous position means the service requirements specified by KRS 16.577(2) or (3) or 16.583(6)(b), as applicable; and b. “Funding level” means the actuarial value of assets divided by the actuarially accrued liability expressed as a percentage that is determined and reported by the system’s actuary in the annual actuarial valuation. (f) For members with service in another state-administered retirement system who select hospital and medical insurance plan coverage through the system: 1. The system shall compute the member’s combined service, including service credit in another state-administered retirement system, and calculate the portion of the member’s premium monthly contribution rate to be paid by the funds specified under paragraph (a)2. of this subsection according to the criteria established in paragraphs (a) to (e) of this subsection. Each state-administered retirement system shall pay annually to the insurance trust fund established under KRS 61.701 the portion of the system’s cost of the retiree’s monthly contribution for single coverage for hospital and medical insurance plan which shall be equal to the percentage of the member’s number of months of service in the other state-administered retirement plan divided by his or her total combined service and in conjunction with the reciprocal agreement established between the system and the other state-administered retirement systems. The amounts paid by the other state-administered retirement plans and by the Kentucky Retirement Systems from funds specified under paragraph (a)2. of this subsection shall not be more than one hundred percent (100%) of the monthly contribution adopted by the respective boards of trustees; 2. A member may not elect coverage for hospital and medical benefits through more than one (1) of the state-administered retirement systems; and 3. A state-administered retirement system shall not pay any portion of a member’s monthly contribution for medical insurance unless the member is a recipient or annuitant of the plan. (5) Premiums paid for hospital and medical insurance coverage procured under authority of this section shall be exempt from any premium tax which might otherwise be required under KRS Chapter 136. The payment of premiums by the funds described by subsection (4)(a)2. of this section shall not constitute taxable income to an insured recipient. No commission shall be paid for hospital and medical insurance procured under authority of this section. (6) (a) The board shall promulgate an administrative regulation to establish a medical insurance reimbursement plan to provide reimbursement for hospital and medical insurance plan premiums of recipients of a retirement allowance who: 1. Are not eligible for the same level of hospital and medical benefits as recipients living in Kentucky and having the same Medicare hospital and medical insurance eligibility status; or 2. Are eligible for retiree health subsidies as provided by subsection (4)(d) of this section, except for those recipients eligible for full premium subsidies under subsection (4)(e)5. of this section. The reimbursement program as provided by this subparagraph shall be available to the recipient regardless of the hospital and medical insurance plans offered by the systems. (b) An eligible recipient shall file proof of payment for hospital and medical insurance plan coverage with the retirement office. Reimbursement to eligible recipients shall be made on a quarterly basis. The recipient shall be eligible for reimbursement of substantiated medical insurance premiums for an amount not to exceed the total monthly contribution rate determined under subsection (4) of this section. (c) For purposes of recipients described by paragraph (a)1. of this subsection, the plan shall not be made available if all recipients are eligible for the same coverage as recipients living in Kentucky.", 61,61.703,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,"Collection of benefit less than $1,000 by surviving relative.","(1) Upon the death of a member, retiree, or recipient who has an existing account or other benefit in a retirement system administered by the Kentucky Retirement Systems that totals no more than one thousand dollars ($1,000), the surviving spouse, or if none, a surviving child, or if none, a surviving parent, or if none, a surviving brother or sister, may without formal administration of the estate collect the account subject to the provisions of this section. (2) The surviving spouse, child, parent, or brother or sister who makes demand for the deceased member, retiree, or recipient account shall file with the retirement office an affidavit stating that he or she is entitled to payment of the account. The affidavit shall conform to the requirements of the administrative regulation promulgated by the board. (3) After having paid the account to the surviving spouse, child, parent, or brother or sister, the retirement system shall be discharged and held harmless to the same extent as if conducting business with a personal representative. The retirement system shall not be required to inquire into the truth or veracity of any statement made in the affidavit. In the event any person or entity establishes a superior right to the account, the surviving spouse, child, parent, or brother or sister, and not the retirement system or the Kentucky Public Pensions Authority, shall be answerable and accountable to any appointed personal representative for the estate.", 61,61.705,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Kentucky Employees Retirement System,Death benefit — Designation of beneficiary — Debt owed at death — Assignment of benefit.,"(1) Upon the death of a retired member of the Kentucky Employees Retirement System or State Police Retirement System who was receiving a monthly retirement allowance based on a minimum of forty-eight (48) months of service or whose retirement allowance based on a minimum of forty-eight (48) months was suspended in accordance with KRS 61.637, a death benefit of five thousand dollars ($5,000) shall be paid. If the retired member had more than one (1) account in the Kentucky Employees Retirement System or State Police Retirement System, or was eligible for a benefit under KRS 78.5538 from the County Employees Retirement System, the systems shall pay only one (1) five thousand dollar ($5,000) death benefit. Each system’s cost shall be prorated between the systems based upon the level of service credit in each system. Application for the death benefit made to the Kentucky Retirement Systems shall include acceptable evidence of death and of the eligibility of the applicant to act on the deceased retired member’s behalf. (2) The death benefit shall be paid to a beneficiary named by the retired member. Upon retirement or any time thereafter, the retired member may designate on the form prescribed by the board, death benefit designation, a person, the retired member’s estate, a trust or trustee, or a licensed funeral home, as the beneficiary of the death benefit provided by this section or KRS 78.5538. The beneficiary for the death benefit may or may not be the same beneficiary designated in accordance with KRS 61.590(1) but only one (1) designation shall be available to a retired member who has service in both the County Employees Retirement System and the Kentucky Retirement Systems. If the beneficiary designated under this section is a person and that person dies prior to the member, or if the beneficiary was the retired member’s spouse and they were divorced on the date of the retired member’s death, then the retired member’s estate shall become the beneficiary, unless the retired member has filed a subsequent death benefit designation. If a licensed funeral home is designated as beneficiary and the licensed funeral home cannot be reasonably identified or located by Kentucky Retirement Systems at the time of the retired member’s death, then the retired member’s estate shall become the beneficiary of the death benefit. (3) If, at the time of the retired member’s death, a debt to the Kentucky Retirement Systems remains on his or her account, the balance owed shall be deducted from the five thousand dollars ($5,000) death benefit. (4) Upon the death of a retired member, the death benefit provided pursuant to this section may be assigned by the designated beneficiary to a bank or licensed funeral home.", 61,61.706,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Unfunded Liability Trust Fund,Kentucky Retirement Systems unfunded liability trust fund.,"(1) The Kentucky Retirement Systems unfunded liability trust fund is created and shall be administered by the Finance and Administration Cabinet. (2) (a) The trust fund shall consist of: 1. Contributions, gifts, and donations; 2. Any moneys designated by the General Assembly for deposit into the fund; and 3. Any other proceeds from grants, appropriations, or other moneys made available for the purposes of the trust fund. (b) Any donor may designate to which system within the Kentucky Retirement Systems the donation shall benefit, including: 1. The Kentucky Employees Retirement System nonhazardous fund; 2. The Kentucky Employees Retirement System hazardous fund; 3. The County Employees Retirement System nonhazardous fund; 4. The County Employees Retirement System hazardous fund; or 5. The State Police Retirement System. (c) Checks submitted for donations shall be made payable to the Kentucky State Treasurer. (3) Moneys in the trust fund: (a) Shall be disbursed quarterly to the Kentucky Retirement Systems; (b) Shall be used to eliminate any unfunded liability and supplement the investible assets of the Kentucky Retirement Systems; and (c) Are hereby appropriated for the purposes set forth in paragraph (b) of this subsection. (4) Notwithstanding KRS 45.229, any moneys remaining in the fund at the close of the fiscal year shall not lapse but shall be carried forward into the succeeding fiscal year to be used for the purposes provided by subsection (3) of this section. (5) Interest earned on any moneys in the trust fund shall accrue to the trust fund. (6) (a) The Finance and Administration Cabinet shall separately account for each contribution, gift, or donation made to the trust fund and shall publish on its Web site a listing of each contribution, gift, or donation made and a cumulative total of the value of all contributions, gifts, or donations, including the cumulative total, since the creation of the fund, for each donor or association of donors or entities, other than those wishing to remain anonymous. (b) Information listed on the Web site related to each contribution may include all information set out in this paragraph, as reported by the donor: 1. The name of donor; 2. The location of the donor by county, if the donor is located in Kentucky, or by state, if the donor is located outside Kentucky; and 3. The title or position of the donor, or the association of the donor with any other entity. (c) Anonymous donations shall be accepted without requiring any of the information provided in paragraph (b) of this subsection. (7) The Finance and Administration Cabinet may work in conjunction with management consultants and others willing to give of their time and talents to create a strategic plan to encourage individuals, foundations, associations, corporations, and other entities to make donations to the fund.", 61,61.710,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Financial Disclosure,Persons subject to KRS 61.710 to 61.780.,"(1) KRS 61.710 to 61.780 apply to Justices and Judges of the Court of Justice, Commonwealth’s attorneys, and all candidates for all those offices. KRS 61.710 to 61.780 also apply to a person appointed to a vacancy in an unexpired term of any office mentioned above. (2) KRS 61.710 to 61.780 also apply to: (a) Any employee of a daily newspaper of 50,000 or more circulation published in Kentucky who either orally, or in writing contributes to the editorial policy of the newspaper; and (b) Any employee of a radio or television station that is owned in common with a newspaper described above who directly or indirectly contributes to the editorial policy of the station.", 61,61.720,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Financial Disclosure,Definitions.,"As used in KRS 61.710 to 61.780: “Financial interest” means an economic interest in the form of stocks, bonds, realty, equity or credit or interests in a corporation, proprietorship or partnership or otherwise.", 61,61.730,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Financial Disclosure,Date for filing reports.,"Each person subject to KRS 61.710 to 61.780, while holding office or employment, shall file with the Kentucky Registry of Election Finance, by March 15 of each year, the written report required by KRS 61.740. Each person who is a candidate for any of the subject offices shall file with the Registry of Election Finance, by March 15 of the year in which he becomes a candidate, the report required by KRS 61.740. Nothing in KRS 61.710 to 61.780 shall be construed to require the filing of more than one (1) complete report for each subject individual each year, except that each individual shall, in writing, notify the Registry of Election Finance of the acquisition or termination of any interests subject to the requirements of KRS 61.710 to 61.780 by January 1 of each year.", 61,61.740,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Financial Disclosure,Information required to be filed.,"(1) Persons required to file information under KRS 61.710 to 61.780 shall file with the Registry of Election Finance the following: (a) A description of each financial interest, direct or indirect, of a value of $1,000 or greater of himself, his spouse and his dependents, and his principal employer. Exempted from this disclosure are interests in the form of accounts in banks, savings and loan associations, and credit unions and equity interests valued at less than $1,000. (b) A list of every office, directorship or employment held by the subject individual and by his spouse and dependents and his principal employer in any entity regardless of the income received or equity held, excepting such activities in political, religious or charitable entities if compensation of less than $1,000 per year is received. (c) A list of all entities to whom the subject individual and his principal employer furnished compensated services valued at more than $1,000 during the period covered by the report. (2) The values of the interests required to be reported under this section need not be disclosed. Any entity required to be reported under this section need not be identified by name. Such entity may instead be identified by the principal types of economic activities in which it engages, together with such additional detail, to be prescribed by the registry, as will fairly indicate its interests. Where disclosure is required because of legal services rendered to it, such entity may also be described by the type of legal services rendered to it.", 61,61.750,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Financial Disclosure,Reports are public records — Publication of names of persons failing to file.,"Reports required by KRS 61.710 to 61.780 shall be filed with the Kentucky Registry of Election Finance and shall be public record, subject to inspection by any citizen of the Commonwealth. Within thirty (30) days after reports are due, the Registry of Election Finance shall publish a list of those persons who have filed reports, and shall notify any person required to file, who has failed to file such report, by certified mail, return receipt requested of his failure to comply with KRS 61.710 to 61.780.", 61,61.760,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Financial Disclosure,"Registry may appoint employees, adopt regulations, hold hearings.","(1) The Registry of Election Finance shall appoint such employees as are necessary to provide the service to carry out all purposes of KRS 61.710 to 61.780, including an attorney or attorneys on a full or part-time basis. (2) The registry shall adopt such regulations and official forms and perform such duties as are necessary to implement the provisions of KRS 61.710 to 61.780. The registry is authorized and empowered to: (a) Develop prescribed forms for the making of the required reports; (b) Prepare and publish a manual for the individuals subject to KRS 61.710 to 61.780 describing the requirements of the law, including uniform methods of reporting; (c) Permit copying or photocopying of any reports as requested by any person; (d) Ascertain whether any individual subject to the requirements of KRS 61.710 to 61.780 has failed to file a report or has filed a defective report, give notice to delinquents of failure to file the report, as provided in KRS 61.740; (e) Hold public hearings, investigate any violations in reporting, and issue subpoenas for the production of documents and attendance of witnesses.", 61,61.770,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Financial Disclosure,Registry may institute action to declare vacancy upon determination violation occurred.,"The office or candidacy of any person required by KRS 61.710 to 61.780 to file a report who fails to file the report required by KRS 61.710 to 61.780 within thirty (30) days after receipt of the registry’s notice of noncompliance provided in KRS 61.750 or willfully files fraudulent information shall be void, and the office or candidacy shall be filled as provided by law for the filling of the vacancy. An action to declare a vacancy under KRS 61.710 to 61.780 may be brought by the registry upon its determination, after investigation and hearing, that a violation of KRS 61.710 to 61.780 has occurred.", 61,61.780,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Financial Disclosure,Construction.,Nothing contained in KRS 61.710 to 61.780 shall be construed so as to cause any person to violate the provisions of KRS 421.210., 61,61.782,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Financial Disclosure Review Commission,Financial Disclosure Review Commission created. [Repealed.],, 61,61.784,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Financial Disclosure Review Commission,Membership — Appointment — Terms — Compensation — Executive director. [Repealed.],, 61,61.786,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Financial Disclosure Review Commission,Officers subject to review. [Repealed.],, 61,61.788,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Financial Disclosure Review Commission,Submission of information by officers — Form — Questioning by commission — Meetings of commission. [Repealed.],, 61,61.790,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Financial Disclosure Review Commission,Information held confidential. [Repealed.],, 61,61.800,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Open Meetings of Public Agencies,Legislative statement of policy.,The General Assembly finds and declares that the basic policy of KRS 61.805 to 61.850 is that the formation of public policy is public business and shall not be conducted in secret and the exceptions provided for by KRS 61.810 or otherwise provided for by law shall be strictly construed., 61,61.805,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Open Meetings of Public Agencies,Definitions for KRS 61.805 to 61.850.,"As used in KRS 61.805 to 61.850, unless the context otherwise requires: (1) “Meeting” means all gatherings of every kind, including video teleconferences, regardless of where the meeting is held, and whether regular or special and informational or casual gatherings held in anticipation of or in conjunction with a regular or special meeting; (2) “Public agency” means: (a) Every state or local government board, commission, and authority; (b) Every state or local legislative board, commission, and committee; (c) Every county and city governing body, council, school district board, special district board, and municipal corporation; (d) Every state or local government agency, including the policy-making board of an institution of education, created by or pursuant to state or local statute, executive order, ordinance, resolution, or other legislative act; (e) Any body created by or pursuant to state or local statute, executive order, ordinance, resolution, or other legislative act in the legislative or executive branch of government; (f) Any entity when the majority of its governing body is appointed by a “public agency” as defined in paragraph (a), (b), (c), (d), (e), (g), or (h) of this subsection, a member or employee of a “public agency,” a state or local officer, or any combination thereof; (g) Any board, commission, committee, subcommittee, ad hoc committee, advisory committee, council, or agency, except for a committee of a hospital medical staff or a committee formed for the purpose of evaluating the qualifications of public agency employees, established, created, and controlled by a “public agency” as defined in paragraph (a), (b), (c), (d), (e), (f), or (h) of this subsection; and (h) Any interagency body of two (2) or more public agencies where each “public agency” is defined in paragraph (a), (b), (c), (d), (e), (f), or (g) of this subsection; (3) “Action taken” means a collective decision, a commitment or promise to make a positive or negative decision, or an actual vote by a majority of the members of the governmental body; and (4) “Member” means a member of the governing body of the public agency and does not include employees or licensees of the agency. (5) “Video teleconference” means one (1) meeting, occurring in two (2) or more locations, where individuals can see and hear each other by means of video and audio equipment.", 61,61.810,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Open Meetings of Public Agencies,Exceptions to open meetings.,"(1) All meetings of a quorum of the members of any public agency at which any public business is discussed or at which any action is taken by the agency, shall be public meetings, open to the public at all times, except for the following: (a) Deliberations for decisions of the Kentucky Parole Board; (b) Deliberations on the future acquisition or sale of real property by a public agency, but only when publicity would be likely to affect the value of a specific piece of property to be acquired for public use or sold by a public agency; (c) Discussions of proposed or pending litigation against or on behalf of the public agency; (d) Grand and petit jury sessions; (e) Collective bargaining negotiations between public employers and their employees or their representatives; (f) Discussions or hearings which might lead to the appointment, discipline, or dismissal of an individual employee, member, or student without restricting that employee’s, member’s, or student’s right to a public hearing if requested. This exception shall not be interpreted to permit discussion of general personnel matters in secret; (g) Discussions between a public agency and a representative of a business entity and discussions concerning a specific proposal, if open discussions would jeopardize the siting, retention, expansion, or upgrading of the business; (h) State and local cabinet meetings and executive cabinet meetings; (i) Committees of the General Assembly other than standing committees; (j) Deliberations of judicial or quasi-judicial bodies regarding individual adjudications or appointments, at which neither the person involved, his representatives, nor any other individual not a member of the agency’s governing body or staff is present, but not including any meetings of planning commissions, zoning commissions, or boards of adjustment; (k) Meetings which federal or state law specifically require to be conducted in privacy; (l) Meetings which the Constitution provides shall be held in secret; (m) That portion of a meeting devoted to a discussion of a specific public record exempted from disclosure under KRS 61.878(1)(m). However, that portion of any public agency meeting shall not be closed to a member of the Kentucky General Assembly; and (n) Meetings of any selection committee, evaluation committee, or other similar group established under KRS Chapter 45A or 56 or other state or local law, to select a successful bidder for award of a state or local contract. (2) Any series of less than quorum meetings, where the members attending one (1) or more of the meetings collectively constitute at least a quorum of the members of the public agency and where the meetings are held for the purpose of avoiding the requirements of subsection (1) of this section, shall be subject to the requirements of subsection (1) of this section. Nothing in this subsection shall be construed to prohibit discussions between individual members where the purpose of the discussions is to educate the members on specific issues.", 61,61.815,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Open Meetings of Public Agencies,Requirements for conducting closed sessions.,"(1) Except as provided in subsection (2) of this section, the following requirements shall be met as a condition for conducting closed sessions authorized by KRS 61.810: (a) Notice shall be given in regular open meeting of the general nature of the business to be discussed in closed session, the reason for the closed session, and the specific provision of KRS 61.810 authorizing the closed session; (b) Closed sessions may be held only after a motion is made and carried by a majority vote in open, public session; (c) No final action may be taken at a closed session; and (d) No matters may be discussed at a closed session other than those publicly announced prior to convening the closed session. (2) Public agencies and activities of public agencies identified in paragraphs (a), (c), (d), (e), (f), but only so far as (f) relates to students, (g), (h), (i), (j), (k), (l), and (m) of subsection (1) of KRS 61.810 shall be excluded from the requirements of subsection (1) of this section.", 61,61.820,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Open Meetings of Public Agencies,Schedule of regular meetings to be made available.,"(1) All meetings of all public agencies of this state, and any committees or subcommittees thereof, shall be held at specified times and places which are convenient to the public. In considering locations for public meetings, the agency shall evaluate space requirements, seating capacity, and acoustics. (2) All public agencies shall provide for a schedule of regular meetings by ordinance, order, resolution, bylaws, or by whatever other means may be required for the conduct of business of that public agency. The schedule of regular meetings shall be made available to the public.", 61,61.823,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Open Meetings of Public Agencies,Special meetings — Emergency meetings.,"(1) Except as provided in subsection (5) of this section, special meetings shall be held in accordance with the provisions of subsections (2), (3), and (4) of this section. (2) The presiding officer or a majority of the members of the public agency may call a special meeting. (3) The public agency shall provide written notice of the special meeting. The notice shall consist of the date, time, and place of the special meeting and the agenda. Discussions and action at the meeting shall be limited to items listed on the agenda in the notice. (4) (a) As soon as possible, written notice shall be delivered personally, transmitted by facsimile machine, or mailed to every member of the public agency as well as each media organization which has filed a written request, including a mailing address, to receive notice of special meetings. The notice shall be calculated so that it shall be received at least twenty-four (24) hours before the special meeting. The public agency may periodically, but no more often than once in a calendar year, inform media organizations that they will have to submit a new written request or no longer receive written notice of special meetings until a new written request is filed. (b) A public agency may satisfy the requirements of paragraph (a) of this subsection by transmitting the written notice by electronic mail to public agency members and media organizations that have filed a written request with the public agency indicating their preference to receive electronic mail notification in lieu of notice by personal delivery, facsimile machine, or mail. The written request shall include the electronic mail address or addresses of the agency member or media organization. (c) As soon as possible, written notice shall also be posted in a conspicuous place in the building where the special meeting will take place and in a conspicuous place in the building which houses the headquarters of the agency. The notice shall be calculated so that it shall be posted at least twenty-four (24) hours before the special meeting. (5) In the case of an emergency which prevents compliance with subsections (3) and (4) of this section, this subsection shall govern a public agency’s conduct of a special meeting. The special meeting shall be called pursuant to subsection (2) of this section. The public agency shall make a reasonable effort, under emergency circumstances, to notify the members of the agency, media organizations which have filed a written request pursuant to subsection (4)(a) of this section, and the public of the emergency meeting. At the beginning of the emergency meeting, the person chairing the meeting shall briefly describe for the record the emergency circumstances preventing compliance with subsections (3) and (4) of this section. These comments shall appear in the minutes. Discussions and action at the emergency meeting shall be limited to the emergency for which the meeting is called.", 61,61.825,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Open Meetings of Public Agencies,Requirements for holding special meetings. [Repealed.],, 61,61.826,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Open Meetings of Public Agencies,Video teleconferencing of meetings.,"(1) A public agency may conduct any meeting through video teleconference. (2) Notice of a video teleconference meeting shall: (a) Comply with the requirements of KRS 61.820 or 61.823 as appropriate; (b) Clearly state that the meeting will be a video teleconference; (c) Provide specific information on how any member of the public or media organization may view the meeting electronically; and (d) In any case where the public agency has elected to provide a physical location, or in any circumstance where two (2) or more members of the public agency are attending a video teleconference meeting from the same physical location, precisely identify a primary physical location of the video teleconference where all members can be seen and heard and the public may attend in accordance with KRS 61.840. (3) The same procedures with regard to participation, distribution of materials, and other matters shall apply in all video teleconference locations. Members of the public agency who participate in a video teleconference shall remain visible on camera at all times that business is being discussed. (4) Any interruption in the video or audio broadcast of a video teleconference at any location shall result in the suspension of the video teleconference until the broadcast is restored. (5) If a regular meeting is changed to a video conference, the meeting shall remain a regular meeting if the meeting occurs on the same date and time as originally scheduled and the public agency follows the provisions of KRS 61.823(4) to provide a notice that meets the requirements of subsection (2)(b) to (d) of this section.", 61,61.830,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Open Meetings of Public Agencies,Action voidable for noncompliance. [Repealed.],, 61,61.835,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Open Meetings of Public Agencies,Minutes to be recorded — Open to public.,"The minutes of action taken at every meeting of any such public agency, setting forth an accurate record of votes and actions at such meetings, shall be promptly recorded and such records shall be open to public inspection at reasonable times no later than immediately following the next meeting of the body.", 61,61.840,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Open Meetings of Public Agencies,Conditions for attendance.,"No condition other than those required for the maintenance of order shall apply to the attendance of any member of the public at any meeting of a public agency. No person may be required to identify himself in order to attend any such meeting. All agencies shall provide meeting room conditions, including adequate space, seating, and acoustics, which insofar as is feasible allow effective public observation of the public meetings. All agencies shall permit news media coverage, including but not limited to recording and broadcasting.", 61,61.845,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Open Meetings of Public Agencies,Enforcement. [Repealed.],, 61,61.846,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Open Meetings of Public Agencies,Enforcement by administrative procedure — Appeal.,"(1) If a person enforces KRS 61.805 to 61.850 pursuant to this section, he shall begin enforcement under this subsection before proceeding to enforcement under subsection (2) of this section. The person shall submit a written complaint to the presiding officer of the public agency suspected of the violation of KRS 61.805 to 61.850. The complaint shall state the circumstances which constitute an alleged violation of KRS 61.805 to 61.850 and shall state what the public agency should do to remedy the alleged violation. The public agency shall determine within three (3) days, excepting Saturdays, Sundays, and legal holidays, after the receipt of the complaint whether to remedy the alleged violation pursuant to the complaint and shall notify in writing the person making the complaint, within the three (3) day period, of its decision. If the public agency makes efforts to remedy the alleged violation pursuant to the complaint, efforts to remedy the alleged violation shall not be admissible as evidence of wrongdoing in an administrative or judicial proceeding. An agency’s response denying, in whole or in part, the complaint’s requirements for remedying the alleged violation shall include a statement of the specific statute or statutes supporting the public agency’s denial and a brief explanation of how the statute or statutes apply. The response shall be issued by the presiding officer, or under his authority, and shall constitute final agency action. (2) If a complaining party wishes the Attorney General to review a public agency’s denial, the complaining party shall forward to the Attorney General a copy of the written complaint and a copy of the written denial within sixty (60) days from receipt by that party of the written denial. If the public agency refuses to provide a written denial, a complaining party shall provide a copy of the written complaint within sixty (60) days from the date the written complaint was submitted to the presiding officer of the public agency. The Attorney General shall review the complaint and denial and issue within ten (10) days, excepting Saturdays, Sundays, and legal holidays, a written decision which states whether the agency violated the provisions of KRS 61.805 to 61.850. In arriving at the decision, the Attorney General may request additional documentation from the agency. On the day that the Attorney General renders his decision, he shall mail a copy to the agency and a copy to the person who filed the complaint. (3) (a) If a public agency agrees to remedy an alleged violation pursuant to subsection (1) of this section, and the person who submitted the written complaint pursuant to subsection (1) of this section believes that the agency’s efforts in this regard are inadequate, the person may complain to the Attorney General. (b) The person shall provide to the Attorney General: 1. The complaint submitted to the public agency; 2. The public agency’s response; and 3. A written statement of how the public agency has failed to remedy the alleged violation. (c) The adjudicatory process set forth in subsection (2) of this section shall govern as if the public agency had denied the original complaint. (4) (a) A party shall have thirty (30) days from the day that the Attorney General renders his decision to appeal the decision. An appeal within the thirty (30) day time limit shall be treated as if it were an action brought under KRS 61.848. (b) If an appeal is not filed within the thirty (30) day time limit, the Attorney General’s decision, as to whether the agency violated the provisions of KRS 61.805 to 61.850, shall have the force and effect of law and shall be enforceable in the Circuit Court of the county where the public agency has its principal place of business or where the alleged violation occurred. (5) A public agency shall notify the Attorney General of any actions filed against that agency in Circuit Court regarding enforcement of KRS 61.805 to 61.850.", 61,61.848,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Open Meetings of Public Agencies,Enforcement by judicial action — De novo determination in appeal of Attorney General’s decision — Voidability of action not substantially complying — Awards in willful violation actions.,"(1) The Circuit Court of the county where the public agency has its principal place of business or where the alleged violation occurred shall have jurisdiction to enforce the provisions of KRS 61.805 to 61.850, as they pertain to that public agency, by injunction or other appropriate order on application of any person. (2) A person alleging a violation of the provisions of KRS 61.805 to 61.850 shall not have to exhaust his remedies under KRS 61.846 before filing suit in a Circuit Court. However, he shall file suit within sixty (60) days from his receipt of the written denial referred to in subsections (1) and (2) of KRS 61.846 or, if the public agency refuses to provide a written denial, within sixty (60) days from the date the written complaint was submitted to the presiding officer of the public agency. (3) In an appeal of an Attorney General’s decision, where the appeal is properly filed pursuant to subsection (4)(a) of KRS 61.846, the court shall determine the matter de novo. (4) Except as otherwise provided by law or rule of court, proceedings arising under this section take precedence on the docket over all other causes and shall be assigned for hearing and trial at the earliest practicable date. (5) Any rule, resolution, regulation, ordinance, or other formal action of a public agency without substantial compliance with the requirements of KRS 61.810, 61.815, 61.820, and KRS 61.823 shall be voidable by a court of competent jurisdiction. (6) Any person who prevails against any agency in any action in the courts regarding a violation of KRS 61.805 to 61.850, where the violation is found to be willful, may be awarded costs, including reasonable attorneys’ fees, incurred in connection with the legal action. In addition, it shall be within the discretion of the court to award the person an amount not to exceed one hundred dollars ($100) for each instance in which the court finds a violation. Attorneys’ fees, costs, and awards under this subsection shall be paid by the agency responsible for the violation.", 61,61.850,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Open Meetings of Public Agencies,Construction.,KRS 61.805 to 61.850 shall not be construed as repealing any of the laws of the Commonwealth relating to meetings but shall be held and construed as ancillary and supplemental thereto., 61,61.870,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Open Records,Definitions for KRS 61.870 to 61.884.,"As used in KRS 61.870 to 61.884, unless the context requires otherwise: (1) “Public agency” means: (a) Every state or local government officer; (b) Every state or local government department, division, bureau, board, commission, and authority; (c) Every state or local legislative board, commission, committee, and officer; (d) Every county and city governing body, council, school district board, special district board, and municipal corporation; (e) Every state or local court or judicial agency; (f) Every state or local government agency, including the policy-making board of an institution of education, created by or pursuant to state or local statute, executive order, ordinance, resolution, or other legislative act; (g) Any body created by state or local authority in any branch of government; (h) Any body which, within any fiscal year, derives at least twenty-five percent (25%) of its funds expended by it in the Commonwealth of Kentucky from state or local authority funds. However, any funds derived from a state or local authority in compensation for goods or services that are provided by a contract obtained through a public competitive procurement process shall not be included in the determination of whether a body is a public agency under this subsection; (i) Any entity where the majority of its governing body is appointed by a public agency as defined in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (j), or (k) of this subsection; by a member or employee of such a public agency; or by any combination thereof; (j) Any board, commission, committee, subcommittee, ad hoc committee, advisory committee, council, or agency, except for a committee of a hospital medical staff, established, created, and controlled by a public agency as defined in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (i), or (k) of this subsection; and (k) Any interagency body of two (2) or more public agencies where each public agency is defined in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (i), or (j) of this subsection; (2) “Public record” means all books, papers, maps, photographs, cards, tapes, discs, diskettes, recordings, software, or other documentation regardless of physical form or characteristics, which are prepared, owned, used, in the possession of or retained by a public agency. “Public record” shall not include any records owned or maintained by or for a body referred to in subsection (1)(h) of this section that are not related to functions, activities, programs, or operations funded by state or local authority; (3) (a) “Software” means the program code which makes a computer system function, but does not include that portion of the program code which contains public records exempted from inspection as provided by KRS 61.878 or specific addresses of files, passwords, access codes, user identifications, or any other mechanism for controlling the security or restricting access to public records in the public agency’s computer system. (b) “Software” consists of the operating system, application programs, procedures, routines, and subroutines such as translators and utility programs, but does not include that material which is prohibited from disclosure or copying by a license agreement between a public agency and an outside entity which supplied the material to the agency; (4) (a) “Commercial purpose” means the direct or indirect use of any part of a public record or records, in any form, for sale, resale, solicitation, rent, or lease of a service, or any use by which the user expects a profit either through commission, salary, or fee. (b) “Commercial purpose” shall not include: 1. Publication or related use of a public record by a newspaper or periodical; 2. Use of a public record by a radio or television station in its news or other informational programs; or 3. Use of a public record in the preparation for prosecution or defense of litigation, or claims settlement by the parties to such action, or the attorneys representing the parties; (5) “Official custodian” means the chief administrative officer or any other officer or employee of a public agency who is responsible for the maintenance, care and keeping of public records, regardless of whether such records are in his actual personal custody and control; (6) “Custodian” means the official custodian or any authorized person having personal custody and control of public records; (7) “Media” means the physical material in or on which records may be stored or represented, and which may include, but is not limited to paper, microform, disks, diskettes, optical disks, magnetic tapes, and cards; (8) “Mechanical processing” means any operation or other procedure which is transacted on a machine, and which may include, but is not limited to a copier, computer, recorder or tape processor, or other automated device; (9) “Booking photograph and photographic record of inmate” means a photograph or image of an individual generated by law enforcement for identification purposes when the individual is booked into a detention facility as defined in KRS 520.010 or photograph and image of an inmate taken pursuant to KRS 196.099; and (10) “Resident of the Commonwealth” means: (a) An individual residing in the Commonwealth; (b) A domestic business entity with a location in the Commonwealth; (c) A foreign business entity registered with the Secretary of State; (d) An individual that is employed and works at a location or locations within the Commonwealth; (e) An individual or business entity that owns real property within the Commonwealth; (f) Any individual or business entity that has been authorized to act on behalf of an individual or business entity defined in paragraphs (a) to (e) of this subsection; or (g) A news-gathering organization as defined in KRS 189.635(8)(b)1.a. to e.", 61,61.871,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Open Records,Policy of KRS 61.870 to 61.884 — Strict construction of exceptions of KRS 61.878.,"The General Assembly finds and declares that the basic policy of KRS 61.870 to 61.884 is that free and open examination of public records is in the public interest and the exceptions provided for by KRS 61.878 or otherwise provided by law shall be strictly construed, even though such examination may cause inconvenience or embarrassment to public officials or others.", 61,61.8715,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Open Records,Legislative findings.,"The General Assembly finds an essential relationship between the intent of this chapter and that of KRS 171.410 to 171.740, dealing with the management of public records, and of KRS 42.720 to 42.742, 45.253, 171.420, 186A.040, and 186A.285, dealing with the coordination of strategic planning for computerized information systems in state government; and that to ensure the efficient administration of government and to provide accountability of government activities, public agencies are required to manage and maintain their records according to the requirements of these statutes. The General Assembly further recognizes that while all government agency records are public records for the purpose of their management, not all these records are required to be open to public access, as defined in this chapter, some being exempt under KRS 61.878.", 61,61.872,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Open Records,Right of Kentucky residents to inspect public records — Written application — Limitation.,"(1) All public records shall be open for inspection by any resident of the Commonwealth, except as otherwise provided by KRS 61.870 to 61.884, and suitable facilities shall be made available by each public agency for the exercise of this right. No resident of the Commonwealth shall remove original copies of public records from the offices of any public agency without the written permission of the official custodian of the record. (2) (a) Any resident of the Commonwealth shall have the right to inspect public records. The official custodian may require a written application, signed by the applicant and with his or her name printed legibly on the application, describing the records to be inspected. The official custodian may require the applicant to provide a statement in the written application of the manner in which the applicant is a resident of the Commonwealth under KRS 61.870(10)(a) to (f). (b) The written application shall be: 1. Hand delivered; 2. Mailed; 3. Sent via facsimile; or 4. Sent via e-mail to the public agency’s official custodian of public records or his or her designee at the e-mail address designated in the public agency’s rules and regulations adopted pursuant to KRS 61.876. (c) A public agency shall not require the use of any particular form for the submission of an open records request, but shall accept for any request the standardized form developed under KRS 61.876(4). (3) A resident of the Commonwealth may inspect the public records: (a) During the regular office hours of the public agency; or (b) By receiving copies of the public records from the public agency through the mail. The public agency shall mail copies of the public records to a person whose residence or principal place of business is outside the county in which the public records are located after he or she precisely describes the public records which are readily available within the public agency. If the resident of the Commonwealth requesting the public records requests that copies of the records be mailed, the official custodian shall mail the copies upon receipt of all fees and the cost of mailing. (4) If the person to whom the application is directed does not have custody or control of the public record requested, that person shall notify the applicant and shall furnish the name and location of the official custodian of the agency’s public records. (5) If the public record is in active use, in storage or not otherwise available, the official custodian shall immediately notify the applicant and shall designate a place, time, and date for inspection of the public records, not to exceed five (5) days from receipt of the application, unless a detailed explanation of the cause is given for further delay and the place, time, and earliest date on which the public record will be available for inspection. (6) If the application places an unreasonable burden in producing public records or if the custodian has reason to believe that repeated requests are intended to disrupt other essential functions of the public agency, the official custodian may refuse to permit inspection of the public records or mail copies thereof. However, refusal under this section shall be sustained by clear and convincing evidence.", 61,61.874,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Open Records,"Abstracts, memoranda, copies — Agency may prescribe fee — Use of nonexempt public records for commercial purposes — Online access.","(1) Upon inspection, the applicant shall have the right to make abstracts of the public records and memoranda thereof, and to obtain copies of all public records not exempted by the terms of KRS 61.878. When copies are requested, the custodian may require a written request and advance payment of the prescribed fee, including postage where appropriate. If the applicant desires copies of public records other than written records, the custodian of the records shall duplicate the records or permit the applicant to duplicate the records; however, the custodian shall ensure that such duplication will not damage or alter the original records. (2) (a) Nonexempt public records used for noncommercial purposes shall be available for copying in either standard electronic or standard hard copy format, as designated by the party requesting the records, where the agency currently maintains the records in electronic format. Nonexempt public records used for noncommercial purposes shall be copied in standard hard copy format where agencies currently maintain records in hard copy format. Agencies are not required to convert hard copy format records to electronic formats. (b) The minimum standard format in paper form shall be defined as not less than 81/2 inches x 11 inches in at least one (1) color on white paper, or for electronic format, in a flat file electronic American Standard Code for Information Interchange (ASCII) format. If the public agency maintains electronic public records in a format other than ASCII, and this format conforms to the requestor’s requirements, the public record may be provided in this alternate electronic format for standard fees as specified by the public agency. Any request for a public record in a form other than the forms described in this section shall be considered a nonstandardized request. (3) The public agency may prescribe a reasonable fee for making copies of nonexempt public records requested for use for noncommercial purposes which shall not exceed the actual cost of reproduction, including the costs of the media and any mechanical processing cost incurred by the public agency, but not including the cost of staff required. If a public agency is asked to produce a record in a nonstandardized format, or to tailor the format to meet the request of an individual or a group, the public agency may at its discretion provide the requested format and recover staff costs as well as any actual costs incurred. (4) (a) Unless an enactment of the General Assembly prohibits the disclosure of public records to persons who intend to use them for commercial purposes, if copies of nonexempt public records are requested for commercial purposes, the public agency may establish a reasonable fee. (b) The public agency from which copies of nonexempt public records are requested for a commercial purpose may require a certified statement from the requestor stating the commercial purpose for which they shall be used, and may require the requestor to enter into a contract with the agency. The contract shall permit use of the public records for the stated commercial purpose for a specified fee. (c) The fee provided for in subsection (a) of this section may be based on one or both of the following: 1. Cost to the public agency of media, mechanical processing, and staff required to produce a copy of the public record or records; 2. Cost to the public agency of the creation, purchase, or other acquisition of the public records. (5) It shall be unlawful for a person to obtain a copy of any part of a public record for a: (a) Commercial purpose, without stating the commercial purpose, if a certified statement from the requestor was required by the public agency pursuant to subsection (4)(b) of this section; or (b) Commercial purpose, if the person uses or knowingly allows the use of the public record for a different commercial purpose; or (c) Noncommercial purpose, if the person uses or knowingly allows the use of the public record for a commercial purpose. A newspaper, periodical, radio or television station shall not be held to have used or knowingly allowed the use of the public record for a commercial purpose merely because of its publication or broadcast, unless it has also given its express permission for that commercial use. (6) Online access to public records in electronic form, as provided under this section, may be provided and made available at the discretion of the public agency. If a party wishes to access public records by electronic means and the public agency agrees to provide online access, a public agency may require that the party enter into a contract, license, or other agreement with the agency, and may charge fees for these agreements. Fees shall not exceed: (a) The cost of physical connection to the system and reasonable cost of computer time access charges; and (b) If the records are requested for a commercial purpose, a reasonable fee based on the factors set forth in subsection (4) of this section.", 61,61.8745,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Open Records,Damages recoverable by public agency for person’s misuse of public records.,"A person who violates subsections (2) to (6) of KRS 61.874 shall be liable to the public agency from which the public records were obtained for damages in the amount of: (1) Three (3) times the amount that would have been charged for the public record if the actual commercial purpose for which it was obtained or used had been stated; (2) Costs and reasonable attorney’s fees; and (3) Any other penalty established by law.", 61,61.8746,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Open Records,Commercial use of booking photographs or official inmate photographs prohibited — Conditions — Right of action — Damages.,"(1) A person shall not utilize a booking photograph or a photograph of an inmate taken pursuant to KRS 196.099 originally obtained from a public agency for a commercial purpose if: (a) The photograph will be placed in a publication or posted on a Web site; and (b) Removal of the photograph from the publication or Web site requires the payment of a fee or other consideration. (2) Any person who has requested the removal of a booking photograph or photo taken pursuant to KRS 196.099 of himself or herself: (a) Which was subsequently placed in a publication or posted on a Web site; and (b) Whose removal requires the payment of a fee or other consideration; shall have a right of action in Circuit Court by injunction or other appropriate order and may also recover costs and reasonable attorney’s fees. (3) At the court’s discretion, any person found to have violated this section in an action brought under subsection (2) of this section, may be liable for damages for each separate violation, in an amount not less than: (a) One hundred ($100) dollars a day for the first thirty (30) days; (b) Two hundred and fifty ($250) dollars a day for the subsequent thirty (30) days; and (c) Five hundred ($500) dollars a day for each day thereafter. If a violation is continued for more than one (1) day, each day upon which the violation occurs or is continued shall be considered and constitute a separate violation.", 61,61.876,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Open Records,Agency to adopt rules and regulations — Standardized form to request public records.,"(1) Each public agency shall adopt rules and regulations in conformity with the provisions of KRS 61.870 to 61.884 to provide full access to public records, to protect public records from damage and disorganization, to prevent excessive disruption of its essential functions, to provide assistance and information upon request and to ensure efficient and timely action in response to application for inspection, and such rules and regulations shall include but shall not be limited to: (a) The principal office of the public agency and its regular office hours; (b) The title, mailing address, and e-mail address of the official custodian of the public agency’s records; (c) The fees, to the extent authorized by KRS 61.874 or other statute, charged for copies; (d) The procedures to be followed in requesting public records. (2) Each public agency shall display in a prominent location accessible to the public, including on its Web site: (a) A copy of its rules and regulations pertaining to public records; (b) The mailing address, e-mail address, and phone number of the official custodian of the records or his or her designee to which all requests for public records shall be made; and (c) The form developed by the Attorney General under subsection (4) of this section that may be used to request public records. (3) The Finance and Administration Cabinet may promulgate administrative regulations pursuant to KRS Chapter 13A, pertaining to public records, for all state administrative agencies, except for the Legislative Research Commission and the Administrative Office of the Courts, each of which may promulgate administrative regulations for their respective agencies, pertaining to public records. (4) The Attorney General shall promulgate by administrative regulation under KRS Chapter 13A a standardized form that may be used to request public records from a public agency. The form shall not allow any request for information other than the following: (a) The name of the requesting party; (b) The mailing or e-mail address of the requesting party, if copies of records are requested; (c) Whether the request is for a commercial purpose; (d) A description of the documents requested; (e) A statement that the person making the request: 1. Is a resident of the Commonwealth under KRS 61.870(10); and 2. The statement includes the manner in which the requester is a resident of the Commonwealth under KRS 61.870(10)(a) to (f); and (f) The signature of the requesting party. (5) The Attorney General shall make the form readily available to the public, including on the Attorney General’s Web site. The form shall be accepted by every public agency for any request for public records made on or after June 29, 2021.", 61,61.878,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Open Records,Certain public records exempted from inspection except on order of court — Restriction of state employees to inspect personnel files prohibited.,"(1) The following public records are excluded from the application of KRS 61.870 to 61.884 and shall be subject to inspection only upon order of a court of competent jurisdiction, except that no court shall authorize the inspection by any party of any materials pertaining to civil litigation beyond that which is provided by the Rules of Civil Procedure governing pretrial discovery: (a) Public records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy; (b) Records confidentially disclosed to an agency and compiled and maintained for scientific research. This exemption shall not, however, apply to records the disclosure or publication of which is directed by another statute; (c) 1. Records confidentially disclosed to an agency or required by an agency to be disclosed to it, generally recognized as confidential or proprietary, which if openly disclosed would permit an unfair commercial advantage to competitors of the entity that disclosed the records; 2. Records confidentially disclosed to an agency or required by an agency to be disclosed to it, generally recognized as confidential or proprietary, which are compiled and maintained: a. In conjunction with an application for or the administration of a loan or grant; b. In conjunction with an application for or the administration of assessments, incentives, inducements, and tax credits as described in KRS Chapter 154; c. In conjunction with the regulation of commercial enterprise, including mineral exploration records, unpatented, secret commercially valuable plans, appliances, formulae, or processes, which are used for the making, preparing, compounding, treating, or processing of articles or materials which are trade commodities obtained from a person; or d. For the grant or review of a license to do business. 3. The exemptions provided for in subparagraphs 1. and 2. of this paragraph shall not apply to records the disclosure or publication of which is directed by another statute; (d) Public records pertaining to a prospective location of a business or industry where no previous public disclosure has been made of the business’ or industry’s interest in locating in, relocating within or expanding within the Commonwealth. This exemption shall not include those records pertaining to application to agencies for permits or licenses necessary to do business or to expand business operations within the state, except as provided in paragraph (c) of this subsection; (e) Public records which are developed by an agency in conjunction with the regulation or supervision of financial institutions, including but not limited to banks, savings and loan associations, and credit unions, which disclose the agency’s internal examining or audit criteria and related analytical methods; (f) The contents of real estate appraisals, engineering or feasibility estimates and evaluations made by or for a public agency relative to acquisition of property, until such time as all of the property has been acquired. The law of eminent domain shall not be affected by this provision; (g) Test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examination before the exam is given or if it is to be given again; (h) Records of law enforcement agencies or agencies involved in administrative adjudication that were compiled in the process of detecting and investigating statutory or regulatory violations if the disclosure of the information would harm the agency by revealing the identity of informants not otherwise known or by premature release of information to be used in a prospective law enforcement action or administrative adjudication. Unless exempted by other provisions of KRS 61.870 to 61.884, public records exempted under this provision shall be open after enforcement action is completed or a decision is made to take no action; however, records or information compiled and maintained by county attorneys or Commonwealth’s attorneys pertaining to criminal investigations or criminal litigation shall be exempted from the provisions of KRS 61.870 to 61.884 and shall remain exempted after enforcement action, including litigation, is completed or a decision is made to take no action. The exemptions provided by this subsection shall not be used by the custodian of the records to delay or impede the exercise of rights granted by KRS 61.870 to 61.884; (i) Preliminary drafts, notes, correspondence with private individuals, other than correspondence which is intended to give notice of final action of a public agency; (j) Preliminary recommendations, and preliminary memoranda in which opinions are expressed or policies formulated or recommended; (k) All public records or information the disclosure of which is prohibited by federal law or regulation or state law; (l) Public records or information the disclosure of which is prohibited or restricted or otherwise made confidential by enactment of the General Assembly, including any information acquired by the Department of Revenue in tax administration that is prohibited from divulgence or disclosure under KRS 131.190; (m) 1. Public records the disclosure of which would have a reasonable likelihood of threatening the public safety by exposing a vulnerability in preventing, protecting against, mitigating, or responding to a terrorist act and limited to: a. Criticality lists resulting from consequence assessments; b. Vulnerability assessments; c. Antiterrorism protective measures and plans; d. Counterterrorism measures and plans; e. Security and response needs assessments; f. Infrastructure records that expose a vulnerability referred to in this subparagraph through the disclosure of the location, configuration, or security of critical systems, including public utility critical systems. These critical systems shall include but not be limited to information technology, communication, electrical, fire suppression, ventilation, water, wastewater, sewage, and gas systems; g. The following records when their disclosure will expose a vulnerability referred to in this subparagraph: detailed drawings, schematics, maps, or specifications of structural elements, floor plans, and operating, utility, or security systems of any building or facility owned, occupied, leased, or maintained by a public agency; and h. Records when their disclosure will expose a vulnerability referred to in this subparagraph and that describe the exact physical location of hazardous chemical, radiological, or biological materials. 2. As used in this paragraph, “terrorist act” means a criminal act intended to: a. Intimidate or coerce a public agency or all or part of the civilian population; b. Disrupt a system identified in subparagraph 1.f. of this paragraph; or c. Cause massive destruction to a building or facility owned, occupied, leased, or maintained by a public agency. 3. On the same day that a public agency denies a request to inspect a public record for a reason identified in this paragraph, that public agency shall forward a copy of the written denial of the request, referred to in KRS 61.880(1), to the executive director of the Kentucky Office of Homeland Security and the Attorney General. 4. Nothing in this paragraph shall affect the obligations of a public agency with respect to disclosure and availability of public records under state environmental, health, and safety programs. 5. The exemption established in this paragraph shall not apply when a member of the Kentucky General Assembly seeks to inspect a public record identified in this paragraph under the Open Records Law; (n) Public or private records, including books, papers, maps, photographs, cards, tapes, discs, diskettes, recordings, software, or other documentation regardless of physical form or characteristics, having historic, literary, artistic, or commemorative value accepted by the archivist of a public university, museum, or government depository from a donor or depositor other than a public agency. This exemption shall apply to the extent that nondisclosure is requested in writing by the donor or depositor of such records, but shall not apply to records the disclosure or publication of which is mandated by another statute or by federal law; (o) Records of a procurement process under KRS Chapter 45A or 56. This exemption shall not apply after: 1. A contract is awarded; or 2. The procurement process is canceled without award of a contract and there is a determination that the contract will not be resolicited; (p) Client and case files maintained by the Department of Public Advocacy or any person or entity contracting with the Department of Public Advocacy for the provision of legal representation under KRS Chapter 31; (q) Except as provided in KRS 61.168, photographs or videos that depict the death, killing, rape, or sexual assault of a person. However, such photographs or videos shall be made available by the public agency to the requesting party for viewing on the premises of the public agency, or a mutually agreed upon location, at the request of; 1. a. Any victim depicted in the photographs or videos, his or her immediate family, or legal representative; b. Any involved insurance company or its representative; or c. The legal representative of any involved party; 2. Any state agency or political subdivision investigating official misconduct; or 3. A legal representative for a person under investigation for, charged with, pled guilty to, or found guilty of a crime related to the underlying incident. The person under investigation for, charged with, pled guilty to, or found guilty of a crime related to the underlying incident or their immediate family shall not be permitted to have access to the photographs or videos; and (r) Communications of a purely personal nature unrelated to any governmental function. (2) No exemption in this section shall be construed to prohibit disclosure of statistical information not descriptive of any readily identifiable person. (3) No exemption in this section shall be construed to deny, abridge, or impede the right of a public agency employee, including university employees, an applicant for employment, or an eligible on a register to inspect and to copy any record including preliminary and other supporting documentation that relates to him. The records shall include, but not be limited to, work plans, job performance, demotions, evaluations, promotions, compensation, classification, reallocation, transfers, lay-offs, disciplinary actions, examination scores, and preliminary and other supporting documentation. A public agency employee, including university employees, applicant, or eligible shall not have the right to inspect or to copy any examination or any documents relating to ongoing criminal or administrative investigations by an agency. (4) If any public record contains material which is not excepted under this section, the public agency shall separate the excepted and make the nonexcepted material available for examination. (5) The provisions of this section shall in no way prohibit or limit the exchange of public records or the sharing of information between public agencies when the exchange is serving a legitimate governmental need or is necessary in the performance of a legitimate government function. (6) When material is made available pursuant to a request under subsection (1)(q) of this section, the public agency shall not be required to make a copy of the recording except as provided in KRS 61.169, and the requesting parties shall not be limited in the number of times they may view the material.", 61,61.880,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Open Records,Denial of inspection — Role of Attorney General.,"(1) If a person enforces KRS 61.870 to 61.884 pursuant to this section, he or she shall begin enforcement under this subsection before proceeding to enforcement under subsection (2) of this section. Each public agency, upon any request for records made under KRS 61.870 to 61.884, shall determine within five (5) days, excepting Saturdays, Sundays, and legal holidays, after the receipt of any such request whether to comply with the request and shall notify in writing the person making the request, within the five (5) day period, of its decision. An agency response denying, in whole or in part, inspection of any record shall include a statement of the specific exception authorizing the withholding of the record and a brief explanation of how the exception applies to the record withheld. The response shall be issued by the official custodian or under his or her authority, and it shall constitute final agency action. (2) (a) If a complaining party wishes the Attorney General to review a public agency’s denial of a request to inspect a public record, the complaining party shall forward to the Attorney General a copy of the written request and a copy of the written response denying inspection. If the public agency refuses to provide a written response, a complaining party shall provide a copy of the written request. The Attorney General shall review the request and denial and issue within twenty (20) days, excepting Saturdays, Sundays and legal holidays, a written decision stating whether the agency violated provisions of KRS 61.870 to 61.884. (b) In unusual circumstances, the Attorney General may extend the twenty (20) day time limit by sending written notice to the complaining party and a copy to the denying agency, setting forth the reasons for the extension, and the day on which a decision is expected to be issued, which shall not exceed an additional thirty (30) work days, excepting Saturdays, Sundays, and legal holidays. As used in this section, “unusual circumstances” means, but only to the extent reasonably necessary to the proper resolution of an appeal: 1. The need to obtain additional documentation from the agency or a copy of the records involved; 2. The need to conduct extensive research on issues of first impression; or 3. An unmanageable increase in the number of appeals received by the Attorney General. (c) On the day that the Attorney General renders his or her decision, he or she shall mail a copy to the agency and a copy to the person who requested the record in question. The burden of proof in sustaining the action shall rest with the agency, and the Attorney General may request additional documentation from the agency for substantiation. The Attorney General may also request a copy of the records involved, but they shall not be disclosed. (3) Each agency shall notify the Attorney General of any actions filed against that agency in Circuit Court regarding the enforcement of KRS 61.870 to 61.884. The Attorney General shall not, however, be named as a party in any Circuit Court actions regarding the enforcement of KRS 61.870 to 61.884, nor shall he or she have any duty to defend his or her decision in Circuit Court or any subsequent proceedings. (4) If a person feels the intent of KRS 61.870 to 61.884 is being subverted by an agency short of denial of inspection, including but not limited to the imposition of excessive fees, delay past the five (5) day period described in subsection (1) of this section, excessive extensions of time, or the misdirection of the applicant, the person may complain in writing to the Attorney General, and the complaint shall be subject to the same adjudicatory process as if the record had been denied. (5) (a) A party shall have thirty (30) days from the day that the Attorney General renders his or her decision to appeal the decision. An appeal within the thirty (30) day time limit shall be treated as if it were an action brought under KRS 61.882. (b) If an appeal is not filed within the thirty (30) day time limit, the Attorney General’s decision shall have the force and effect of law and shall be enforceable in the Circuit Court of the county where the public agency has its principal place of business or the Circuit Court of the county where the public record is maintained.", 61,61.882,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Open Records,Jurisdiction of Circuit Court in action seeking right of inspection — Burden of proof — Costs — Attorney fees.,"(1) The Circuit Court of the county where the public agency has its principal place of business or the Circuit Court of the county where the public record is maintained shall have jurisdiction to enforce the provisions of KRS 61.870 to 61.884, by injunction or other appropriate order on application of any person. (2) A person alleging a violation of the provisions of KRS 61.870 to 61.884 shall not have to exhaust his remedies under KRS 61.880 before filing suit in a Circuit Court. (3) In an appeal of an Attorney General’s decision, where the appeal is properly filed pursuant to KRS 61.880(5)(a), the court shall determine the matter de novo. In an original action or an appeal of an Attorney General’s decision, where the appeal is properly filed pursuant to KRS 61.880(5)(a), the burden of proof shall be on the public agency. The court on its own motion, or on motion of either of the parties, may view the records in controversy in camera before reaching a decision. Any noncompliance with the order of the court may be punished as contempt of court. (4) Except as otherwise provided by law or rule of court, proceedings arising under this section take precedence on the docket over all other causes and shall be assigned for hearing and trial at the earliest practicable date. (5) Any person who prevails against any agency in any action in the courts regarding a violation of KRS 61.870 to 61.884 may, upon a finding that the records were willfully withheld in violation of KRS 61.870 to 61.884, be awarded costs, including reasonable attorney’s fees, incurred in connection with the legal action. If such person prevails in part, the court may in its discretion award him costs or an appropriate portion thereof. In addition, it shall be within the discretion of the court to award the person an amount not to exceed twenty-five dollars ($25) for each day that he was denied the right to inspect or copy said public record. Attorney’s fees, costs, and awards under this subsection shall be paid by the agency that the court determines is responsible for the violation.", 61,61.884,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Open Records,Person’s access to record relating to him.,"Any person shall have access to any public record relating to him or in which he is mentioned by name, upon presentation of appropriate identification, subject to the provisions of KRS 61.878.", 61,61.886,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Breaks Interstate Park Commission and Tennessee Valley Authority Peace Officers,Appointment and commissioning of peace officers for the Breaks Interstate Park Commission and the Tennessee Valley Authority.,"(1) As used in KRS 61.886 to 61.892: (a) “Commission” means the Breaks Interstate Park Commission created in KRS 148.220; and (b) “TVA” means the Tennessee Valley Authority. (2) The Tennessee Valley Authority or the Breaks Interstate Park Commission may apply to the Governor for the appointment and commissioning of peace officers. Such persons shall be selected from a list submitted by TVA or the commission to the Governor. The Governor, upon such application being made and upon the payment to the Kentucky State Treasurer of a one (1) time fee of five dollars ($5) for each officer to be appointed, shall appoint, for annually renewable terms of one (1) year, such persons or as many thereof as the Governor deems proper to be such peace officers and shall give commissions to those appointed. Appointments and annual renewals of appointments under this subsection shall be subject to approval by the sheriff of each county in which the peace officer will normally operate, not including counties into which he or she may pursue and arrest persons under KRS 61.887. Such commissions shall be recorded in the office of Secretary of State. (3) Upon the request of the commission, the commissioner of the Department of Parks may request the Governor to appoint and commission individuals designated by the commissioner that meet the requirements of KRS 61.8865 as peace officers. The Governor, upon such application being made and upon the payment to the Kentucky State Treasurer of a one (1) time fee of five dollars ($5) for each officer to be appointed, shall appoint for annually renewable terms of one (1) year such persons or as many thereof as the Governor deems proper to be such peace officers and shall give commissions to those appointed. Appointments and annual renewals of appointments under this subsection shall be subject to approval by the sheriff of each county in which the peace officer will normally operate, not including counties into which he or she may pursue and arrest persons under KRS 61.887. Such commissions shall be recorded in the office of Secretary of State. (4) No person shall be eligible for appointment and commission as a TVA or commission peace officer unless he or she has established to the satisfaction of the Governor that, except for county residency requirements, he or she: (a) Possesses the qualifications prescribed for nonelective peace officers by KRS 61.300; and (b) Is a resident of Kentucky, or an adjoining state in which TVA or the commission operates, and has been for at least two (2) years at the time of his or her appointment. (5) A TVA or commission peace officer shall not be considered a hazardous duty position within the meaning of KRS 61.592 and shall not be eligible to participate in the Kentucky Law Enforcement Foundation Program fund unless the officer meets the requirements of KRS 15.382, 15.404, and 15.440.", 61,61.8865,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Breaks Interstate Park Commission and Tennessee Valley Authority Peace Officers,State parks’ commissioner to ensure recommended commission peace officers meet certain requirements — Training and equipment expenses.,"(1) The commissioner of the Department of Parks shall ensure that an employee of the commission that is being recommended by the commission to be appointed and commissioned in accordance with KRS 61.886(3) shall: (a) Meet the minimum qualifications of KRS 61.886(3); (b) Abide by the Department of Parks’ law enforcement in-service training requirements, if any; and (c) Abide by the law enforcement directive of the Department of Parks, unless exceptions by the department are granted in writing. (2) Expenses associated with training and equipping an employee of the commission as a commission peace officer to the Department of Parks’ standards shall be paid by the commission unless otherwise agreed upon by the department.", 61,61.887,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Breaks Interstate Park Commission and Tennessee Valley Authority Peace Officers,Powers of TVA and commission peace officers.,"(1) (a) Each TVA or commission peace officer appointed and commissioned pursuant to KRS 61.886 to 61.892 throughout every county in the Commonwealth in which TVA or the commission operates or owns or controls property, including leasehold interests: 1. Shall have and exercise the powers of sheriffs in making arrests for public offenses committed upon, about, or against such property or on public roads and the rights-of-way passing through or over such property; 2. Shall have and exercise the powers of sheriffs in making arrests in any situation in which a person is placed in imminent danger of death or serious injury; 3. Shall have authority to carry weapons for the reasonable purposes of his or her office and in performance of his or her assigned duties; 4. While in pursuit of a person fleeing after committing an act described in subparagraph 1. or 2. of this paragraph, may pursue the person and make arrest anywhere in the Commonwealth; and 5. Shall be subject to all the liabilities of sheriffs. (b) In addition to the powers enumerated in paragraph (a) of this subsection, commission peace officers shall have the power to enforce the rules and regulations of the commission. (2) TVA officers or commission peace officers appointed and commissioned pursuant to KRS 61.886 to 61.892 may, throughout any county in the Commonwealth in which TVA or the commission operates or owns or controls property, including leasehold interests, have and exercise the powers of sheriff in that county if the sheriff of that county provides prior written authorization to the TVA or commission defining the extent of supplemental authority being granted. Any supplemental authority granted pursuant to this subsection shall expire with the officer’s commission granted under KRS 61.886 and may be renewed, as provided in this subsection, upon renewal of the commission authorized under KRS 61.886. (3) When countywide authority has not been granted under subsection (2) of this section, a sheriff of a county in which the TVA or commission has property, the chief of police of a city within the county, or the commissioner of the Department of Kentucky State Police may extend peace officer authority within the city or county, as appropriate, during a disaster or other emergency.", 61,61.888,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Breaks Interstate Park Commission and Tennessee Valley Authority Peace Officers,Cessation of powers.,"When TVA or the commission no longer needs the services of a person appointed and commissioned as a TVA or commission peace officer pursuant to this section, notice to that effect, signed by the general manager of TVA, the chairperson of the commission, or the person having responsibility for general supervision of the work of such officer, shall be filed in the office of the Secretary of State. The Secretary of State shall note the fact upon the margin of the record, and thereupon the power of the person to act as a TVA or commission peace officer shall cease.", 61,61.889,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Breaks Interstate Park Commission and Tennessee Valley Authority Peace Officers,Bond — Oath — Copies of bonds to be recorded.,"Each TVA or commission peace officer appointed pursuant to KRS 61.886 to 61.892 shall, before he or she enters upon the discharge of the duties of his or her office, execute bond in the sum of fifty thousand dollars ($50,000), with good security, conditioned upon the faithful performance of his or her duty as such officer, and take and subscribe an oath of office and the oath required by Section 228 of the Constitution of Kentucky. The bond and oath shall be entered of record by the Secretary of State, and the execution of the bond and the taking of the oath shall be endorsed upon the commission of the person so qualifying. In lieu of such individual bonds, a duly executed bond covering all TVA or commission peace officers appointed and commissioned pursuant to this section, as principals, with TVA as surety, in the amount of fifty thousand dollars ($50,000) for each such officer and conditioned for the faithful performance of his or her duties may be filed by TVA or the commission with the Secretary of State of the Commonwealth in which event individual bonds shall not be required.", 61,61.890,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Breaks Interstate Park Commission and Tennessee Valley Authority Peace Officers,Compensation.,The compensation of the TVA peace officers appointed and commissioned pursuant to KRS 61.886 to 61.892 shall be fixed and paid by TVA., 61,61.891,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Breaks Interstate Park Commission and Tennessee Valley Authority Peace Officers,Identification.,"Each TVA peace officer appointed and commissioned pursuant to KRS 61.886 to 61.892 shall, while on duty, wear a badge or shield identifying him as an employee either of the TVA public safety service or of the TVA Land Between the Lakes Protection Section. When acting as a detective in the service of TVA as an employee in the performance of his assigned duties, he may wear his badge, shield, or weapon concealed. Each TVA peace officer may, while on duty, wear such other insignia and identification, including uniform, as will plainly indicate to the public that he is a TVA peace officer.", 61,61.892,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Breaks Interstate Park Commission and Tennessee Valley Authority Peace Officers,Disposition of persons arrested by TVA peace officer.,"The keepers of jails in any county or municipality wherein the violation occurs for which any such arrest is made by a TVA peace officer shall receive all persons arrested by such officers to be dealt with according to law, and persons so arrested shall be received by keepers of jails on the same basis and shall have the same status as prisoners arrested by any other police officer.", 61,61.900,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Special Law Enforcement Officers,Definitions for KRS 61.902 to 61.930.,"As used in KRS 61.902 to 61.930: (1) “Commission” means a commission issued to an individual by the secretary of justice and public safety, entitling the individual to perform special law enforcement duties on public property; (2) “Council” means the Kentucky Law Enforcement Council; (3) “Cabinet” means the Justice and Public Safety Cabinet; (4) “Public property” means property currently owned or used by any organizational unit or agency of state, county, city, metropolitan government, or a combination of these. The term shall include property currently owned or used by public airport authorities; (5) “Secretary” means the secretary of the Justice and Public Safety Cabinet; (6) “Special law enforcement officer”: (a) Means one whose duties include the protection of specific public property from intrusion, entry, larceny, vandalism, abuse, intermeddling, or trespass; (b) Means one whose duties include the prevention, observation, or detection of, or apprehension for, any unlawful activity on specific public property; (c) Means one whose special duties include the control of the operation, speed, and parking of motor vehicles, bicycles, and other vehicles, and the movement of pedestrian traffic on specific public property; (d) Means one whose duties include the answering of any intrusion alarm on specific public property; (e) Shall include the Capitol police, the Capital Plaza police, school resource officers as defined in KRS 158.441 who are employed directly by a local board of education, public airport authority security officers, and the officers of the other public security forces established for the purpose of protecting specific public property; and (f) Shall not include members of a lawfully organized police unit or police force of state, county, city, or metropolitan government, or a combination of these, who are responsible for the detection of crime and the enforcement of the general criminal law enforcement of the state; it shall not include any of the following officials or officers: 1. Sheriffs, sworn deputy sheriffs, constables, sworn deputy constables, and coroners; 2. Auxiliary and reserve police appointed under KRS 95.160 or 95.445, or citation and safety officers authorized by KRS 83A.087 and 83A.088; 3. State park rangers and officers of the Division of Law Enforcement within the Department of Fish and Wildlife Resources; 4. Officers of the Transportation Cabinet responsible for law enforcement; 5. Officers of the Department of Corrections responsible for law enforcement; 6. Fire marshals and deputy fire marshals; 7. Other officers not mentioned above who are employed directly by state government and are responsible for law enforcement; 8. Federal peace officers; 9. Those campus security officers who are commissioned under KRS 164.950; 10. Private security guards, private security patrolmen, and investigators licensed pursuant to state statute; and 11. Railroad policemen covered by KRS 277.270 and 277.280; and (7) “Sworn public peace officer” means one who derives plenary or special law enforcement powers from, and is a full-time employee of, the federal government, the Commonwealth, or any political subdivision, agency, department, branch, or service of either, or of any municipality.", 61,61.902,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Special Law Enforcement Officers,Appointment of special law enforcement officers by secretary.,"(1) The secretary of the Justice and Public Safety Cabinet may commission special law enforcement officers, for such time as he or she deems necessary, to protect and to enforce the law on public property. (2) Notwithstanding subsection (1) of this section, in the case of a special law enforcement officer employed as a school resource officer, the commission shall be for four (4) years, provided the officer continues to meet all statutory and regulatory requirements. (3) Upon application of a unit or agency of state, county, city or metropolitan government, the secretary may appoint those persons recommended by the unit or agency who satisfy the requirements of KRS 61.900 to 61.930.", 61,61.904,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Special Law Enforcement Officers,Administration — Administrative regulations — Employees.,"KRS 61.900 to 61.930 shall be administered by the secretary, or by any agency within the cabinet designated by the secretary and acting under his authority. The secretary shall promulgate and enforce such administrative regulations as may be reasonable and necessary to carry out the provisions of KRS 61.900 to 61.930. The secretary may appoint such employees, and delegate such duties to the same, as he or she, in his or her sound discretion, deems appropriate.", 61,61.906,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Special Law Enforcement Officers,Requirements for appointment.,"In order to qualify for a commission as a special law enforcement officer under KRS 61.900 to 61.930, an individual must present satisfactory evidence of compliance with the following conditions and requirements: (1) No person shall be eligible for a commission who: (a) Has been dishonorably discharged from the Armed Forces of the United States; (b) Has been convicted in any jurisdiction of any felony or of any crime involving moral turpitude for which he or she has not received a full pardon; (c) Has been convicted of any other offense or offenses more than five (5) times within the previous three (3) years; (d) Has by any court of competent jurisdiction been declared mentally disabled by reason of an intellectual disability or disease and has not been restored; or (e) Suffers from habitual drunkenness or from narcotics addiction or dependence, or from any physical defect or deficiency which the secretary determines to materially impair the applicant’s ability to perform the duties of a special law enforcement officer. (2) Every person to be eligible for a commission shall: (a) Have reached his or her twenty-first birthday; (b) Provide, on forms supplied by the secretary, such information pertaining to himself as may reasonably be requested thereon, including, but not limited to his: name; age; date of birth; current address and employment; prior addresses and employment for the past ten (10) years; aliases, if any; arrest and conviction record, if any; Social Security number; fingerprints; photographs; and general physical description. The accuracy of such information shall be attested by the applicant and his or her attestation shall be notarized by one authorized to administer oaths; (c) Be of good moral character; (d) Provide references from two (2) reputable individuals who are not related to him or her and who have known him or her well for a period of not less than three (3) years, attesting to his or her good character; (e) Pay the fees provided in KRS 61.908; and (f) Provide evidence satisfactory to the secretary that he or she meets the following requirements: 1. Is a graduate of an accredited high school or of an equivalent technical or vocational training or education program satisfactory to the secretary; or holds a High School Equivalency Diploma; provided, however, that all special local peace officers formally commissioned under KRS 61.360 and with unexpired commissions on December 31, 1976, shall be deemed to have met the requirements of this subsection; 2. Has successfully completed not fewer than eighty (80) hours of training in a program approved by the council and dealing comprehensively with the subjects of criminal law and the law of arrest, search and seizure; or has been employed as a full-time sworn public peace officer for a period of not less than one (1) year within the past five (5) years, and has never been discharged for cause from employment as a sworn public peace officer; or has been employed in a full-time capacity as a military policeman engaged in law enforcement for the United States Armed Forces for a period of not less than one (1) year within the past five (5) years; or has successfully completed a written, oral and practical examination approved by the council and dealing comprehensively with the subject matter of criminal law and the law of arrest, search and seizure; and 3. Demonstrates, in written and practical examinations approved by the council, knowledge of and proficiency in firearms safety, range firing, the moral and legal aspects of firearms use, and first aid. Provided, however, that all special local peace officers formally commissioned under KRS 61.360 and with unexpired commissions on December 31, 1976, shall be deemed to have met the requirements of these subsections.", 61,61.908,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Special Law Enforcement Officers,Fees.,"The following fees shall be required with respect to applications, examinations, and training for commissions: (1) With the initial application, a fee of twenty-five dollars ($25); (2) With application for renewal, a fee of twenty-five dollars ($25); (3) Prior to any written examination approved by the Kentucky Law Enforcement Council, a fee of fifteen dollars ($15); (4) Prior to any practical examinations on firearms proficiency approved by the council, a fee of twenty dollars ($20); and (5) Prior to any training program approved by the council for special law enforcement officers, a reasonable fee as determined by the secretary to cover the cost of training; (6) All funds received by the cabinet as fees pursuant to this section shall be available for use by the secretary in administering the provisions of KRS 61.900 to 61.930, and any excess funds not expended at the end of the fiscal year shall revert to the general fund.", 61,61.910,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Special Law Enforcement Officers,Revocation or suspension of commission.,"The secretary shall revoke or suspend the commission of any special law enforcement officer whenever he shall determine: (1) That the commission-holder does not meet, or no longer meets, the requirements and conditions for the commission; or (2) That the commission-holder has knowingly falsified an application or portion thereof, or has made any knowingly false or misleading statement of a material fact to the secretary or any of his delegates, agents or officers; or (3) That the commission-holder has violated: any provision of KRS 61.900 to 61.930; or any rule, regulations or order of the secretary; or any law of the Commonwealth or of the United States, the violation of which the secretary determines to bear a reasonable relationship to eligibility for the commission.", 61,61.912,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Special Law Enforcement Officers,Power of arrest.,"Any duly commissioned special law enforcement officer shall, while performing law enforcement duties upon the public property he or she is hired to protect, be empowered to arrest: (1) Persons committing, in his or her presence and upon the public property he or she is hired to protect, any misdemeanor, any traffic violation, or any other violation as defined by KRS 500.080; (2) Provided there exists probable cause to believe a felony has been committed upon the premises he or she is hired to protect, any person whom the officer reasonably and actually believes to have committed such felony upon the public property.", 61,61.914,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Special Law Enforcement Officers,Other powers.,"Duly commissioned special law enforcement officers shall have the power to issue tickets for parking violations committed upon the public property in their presence and the power of peace officers under KRS 431.015 to issue citations for misdemeanors, and other violations as defined by KRS 500.080, committed in their presence upon the public property.", 61,61.916,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Special Law Enforcement Officers,Use of deadly force to make an arrest.,"A special law enforcement officer may, in the course of accomplishing any lawful arrest for a felony committed upon the public property as herein provided, use and apply that force which he believes is necessary to make the arrest, except that he may only use deadly force to make such an arrest if: (1) The officer, in making the arrest, is authorized to act as a special law enforcement officer; and (2) The arrest is for a felony involving the use or threatened use of physical force likely to cause death or serious physical injury; and (3) The officer believes that the person to be arrested is likely to endanger human life unless arrested without delay.", 61,61.918,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Special Law Enforcement Officers,Use of force less than deadly force.,"A special law enforcement officer may, in the course of accomplishing any lawful arrest for a criminal offense other than a felony committed upon the public property as herein provided, use and apply that force, less than deadly force, which he believes is necessary to make the arrest.", 61,61.920,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Special Law Enforcement Officers,Area of jurisdiction of special officer.,"The powers and duties of special law enforcement officers shall be confined to the premises of the public property to be protected, except while in pursuit of a person fleeing from the property after committing any felony or misdemeanor, other than traffic violations, on the property. In such case the officer may pursue the person and make arrest anywhere within this state. In the course of making a lawful arrest for a felony after such pursuit, he may use and apply that force which he believes is necessary to make the arrest, except that he may only use deadly force in making such an arrest if the conditions specified in KRS 61.916 are satisfied. In the course of making a lawful arrest for a criminal offense other than a felony after such pursuit, he may use and apply that force, less than deadly force, which he believes is necessary to make the arrest.", 61,61.922,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Special Law Enforcement Officers,Construction.,"Nothing in KRS 61.900 to 61.930 shall be construed as being in derogation of the common law, or of any statute of the Commonwealth, pertaining to: (1) Arrest by a private citizen; or (2) In any civil or criminal case, the defenses of protection of self, protection of another, protection of property, prevention of a suicide or crime and any other applicable justification defense set forth in KRS Chapter 503.", 61,61.924,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Special Law Enforcement Officers,Use of public emergency vehicles.,Duly commissioned special law enforcement officers shall have the right to use and operate public emergency vehicles in accordance with KRS 189.910 through 189.993., 61,61.926,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Special Law Enforcement Officers,Special officers designated peace officers — Authorization to carry a concealed deadly weapon.,Special law enforcement officers duly commissioned under KRS 61.900 to 61.930 shall be deemed “peace officers” within the meaning of KRS 527.020 and shall be authorized to carry a concealed deadly weapon on or about their persons when necessary for their protection in the discharge of their official duties., 61,61.928,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Special Law Enforcement Officers,Revocation of existing commissions — Issuance of new commissions. [Repealed.],, 61,61.930,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Special Law Enforcement Officers,Citation of act.,KRS 61.900 to 61.926 may be cited as “The Special Law Enforcement Officer Act.”, 61,61.9305,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Special Law Enforcement Officers,Working group on facial recognition technology — Members — Duties — Use policy requirements for law enforcement agencies that use facial recognition technology.,"(1) As used in this section: (a) “Facial recognition technology” means the use of algorithmic comparison of images of an individual’s facial features for the purposes of verification or identification, unless used for the sole purpose of authentication in order to access a secure device or secure premises; (b) “Law enforcement agency” means any: 1. Public agency that employs a police officer as defined in KRS 15.420 or a special law enforcement officer as defined in KRS 61.900; 2. Public agency that is composed of or employs other public peace officers; and 3. Elected or appointed peace officer who is authorized to exercise powers of a peace officer as defined in KRS 446.010; and (c) “Model facial recognition technology policy” means the model policy developed and published under this section regarding the use of facial recognition technology. (2) A working group on facial recognition technology is hereby created and shall be attached to the Justice and Public Safety Cabinet for administrative purposes. The working group shall be chaired by the secretary of the Justice and Public Safety Cabinet or his or her designee and composed of representatives from the following organizations as nominated by the secretary and appointed by the Governor: (a) The Kentucky Association of Chiefs of Police; (b) The Department of Criminal Justice Training; (c) The Kentucky League of Cities; (d) The Kentucky Association of Counties; and (e) The Kentucky Sheriffs’ Association. (3) On or before January 1, 2024, the working group established pursuant to subsection (2) of this section shall create and make publicly available a model policy for use by law enforcement agencies, which shall: (a) Specify the authorized uses of facial recognition technology consistent with the law, including but not limited to: 1. How search results using facial recognition technology relate to establishing probable cause for arrests; and 2. The prohibition of using facial recognition technology to identify a person participating in constitutionally protected activities in public spaces unless there is probable cause to believe that an offense has been committed; (b) Specify requirements for persons within a law enforcement agency that are authorized to use facial recognition technology; (c) Require a law enforcement agency to specify a process for the agency to document instances in which facial recognition technology is used; (d) Provide procedures for the confirmation of any initial findings generated by facial recognition technology by a secondary examiner; (e) Specify data integrity and retention policies applicable to the data collected by the organization, including processes that address: 1. Maintenance and updating of records used; 2. A routine audit schedule to ensure compliance with the policy; 3. The length of time the organization will keep the data; and 4. The processes by which data will be deleted; (f) Specify data security measures applicable to the law enforcement agency’s use of facial recognition technology, including: 1. How data collected will be securely stored and accessed; and 2. Rules and procedures for sharing data with other entities, which ensure that those entities comply with the sharing agency’s policy as part of the data-sharing agreement; (g) Specify training procedures and processes to ensure all personnel who utilize facial recognition technology or access its data are knowledgeable about and able to ensure compliance with the policy; (h) Specify a process that requires a law enforcement agency utilizing facial recognition technology to compare a publicly available or lawfully acquired image against a database of publicly available or lawfully acquired images; (i) Specify a minimum accuracy standard for face matches in all demographic groups to ensure nondiscrimination against any demographic group with reference to a Face Recognition Vendor Test conducted by the National Institute of Standards and Technology; (j) Provide a specific mechanism to produce a record of prior uses of facial recognition technology that can be used to audit and verify images and information used to make a match of a person; and (k) Provide a process that addresses the privacy of persons by excluding, redacting, blurring, or otherwise obscuring nudity or sexual conduct involving any identifiable person. (4) A law enforcement agency that uses facial recognition technology shall have a use policy in place prior to using the technology. A law enforcement agency shall file a full copy of its policy or any revision of its policy with the Justice and Public Safety Cabinet within thirty (30) days of the adoption or revision. (5) This section shall not apply to a generally available consumer product that includes facial recognition technology, provided that the facial recognition technology is intended only for personal or household use. A law enforcement agency shall not use facial recognition technology under this subsection for law enforcement purposes.", 61,61.931,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Personal Information Security and Breach Investigations,Definitions for KRS 61.931 to 61.934.,"As used in KRS 61.931 to 61.934: (1) “Agency” means: (a) The executive branch of state government of the Commonwealth of Kentucky; (b) Every county, city, municipal corporation, urban-county government, charter county government, consolidated local government, and unified local government; (c) Every organizational unit, department, division, branch, section, unit, office, administrative body, program cabinet, bureau, board, commission, committee, subcommittee, ad hoc committee, council, authority, public agency, instrumentality, interagency body, special purpose governmental entity, or public corporation of an entity specified in paragraph (a) or (b) of this subsection or created, established, or controlled by an entity specified in paragraph (a) or (b) of this subsection; (d) Every public school district in the Commonwealth of Kentucky; and (e) Every public institution of postsecondary education, including every public university in the Commonwealth of Kentucky and public college of the entire Kentucky Community and Technical College System; (2) “Commonwealth Office of Technology” means the office established by KRS 42.724; (3) “Encryption” means the conversion of data using technology that: (a) Meets or exceeds the level adopted by the National Institute of Standards Technology as part of the Federal Information Processing Standards: and (b) Renders the data indecipherable without the associated cryptographic key to decipher the data; (4) “Law enforcement agency” means any lawfully organized investigative agency, sheriff’s office, police unit, or police force of federal, state, county, urban-county government, charter county, city, consolidated local government, unified local government, or any combination of these entities, responsible for the detection of crime and the enforcement of the general criminal federal and state laws; (5) “Nonaffiliated third party” means any person that: (a) Has a contract or agreement with an agency; and (b) Receives personal information from the agency pursuant to the contract or agreement; (6) “Personal information” means an individual’s first name or first initial and last name; personal mark; or unique biometric or genetic print or image, in combination with one (1) or more of the following data elements: (a) An account number, credit card number, or debit card number that, in combination with any required security code, access code, or password, would permit access to an account; (b) A Social Security number; (c) A taxpayer identification number that incorporates a Social Security number; (d) A driver’s license number, state identification card number, or other individual identification number issued by any agency; (e) A passport number or other identification number issued by the United States government; or (f) Individually identifiable health information as defined in 45 C.F.R. sec. 160.103, except for education records covered by the Family Educational Rights and Privacy Act, as amended, 20 U.S.C. sec. 1232g; (7) (a) “Public record or record,” as established by KRS 171.410, means all books, papers, maps, photographs, cards, tapes, disks, diskettes, recordings, and other documentary materials, regardless of physical form or characteristics, which are prepared, owned, used, in the possession of, or retained by a public agency. (b) “Public record” does not include any records owned by a private person or corporation that are not related to functions, activities, programs, or operations funded by state or local authority; (8) “Reasonable security and breach investigation procedures and practices” means data security procedures and practices developed in good faith and set forth in a written security information policy; and (9) (a) “Security breach” means: 1. The unauthorized acquisition, distribution, disclosure, destruction, manipulation, or release of unencrypted or unredacted records or data that compromises or the agency or nonaffiliated third party reasonably believes may compromise the security, confidentiality, or integrity of personal information and result in the likelihood of harm to one (1) or more individuals; or 2. The unauthorized acquisition, distribution, disclosure, destruction, manipulation, or release of encrypted records or data containing personal information along with the confidential process or key to unencrypt the records or data that compromises or the agency or nonaffiliated third party reasonably believes may compromise the security, confidentiality, or integrity of personal information and result in the likelihood of harm to one (1) or more individuals. (b) “Security breach” does not include the good-faith acquisition of personal information by an employee, agent, or nonaffiliated third party of the agency for the purposes of the agency if the personal information is used for a purpose related to the agency and is not subject to unauthorized disclosure.", 61,61.932,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Personal Information Security and Breach Investigations,Personal information security and breach investigation procedures and practices for certain public agencies and nonaffiliated third parties.,"(1) (a) An agency or nonaffiliated third party that maintains or otherwise possesses personal information, regardless of the form in which the personal information is maintained, shall implement, maintain, and update security procedures and practices, including taking any appropriate corrective action, to protect and safeguard against security breaches. (b) Reasonable security and breach investigation procedures and practices established and implemented by organizational units of the executive branch of state government shall be in accordance with relevant enterprise policies established by the Commonwealth Office of Technology. Reasonable security and breach investigation procedures and practices established and implemented by units of government listed under KRS 61.931(1)(b) and (c) that are not organizational units of the executive branch of state government shall be in accordance with policies established by the Department for Local Government. The Department for Local Government shall consult with public entities as defined in KRS 65.310 in the development of policies establishing reasonable security and breach investigation procedures and practices for units of local government pursuant to this subsection. Reasonable security and breach investigation procedures and practices established and implemented by public school districts listed under KRS 61.931(1)(d) shall be in accordance with administrative regulations promulgated by the Kentucky Board of Education. Reasonable security and breach investigation procedures and practices established and implemented by educational entities listed under KRS 61.931(1)(e) shall be in accordance with policies established by the Council on Postsecondary Education. The Commonwealth Office of Technology shall, upon request of an agency, make available technical assistance for the establishment and implementation of reasonable security and breach investigation procedures and practices. (c) 1. If an agency is subject to any additional requirements under the Kentucky Revised Statutes or under federal law, protocols or agreements relating to the protection and privacy of personal information, the agency shall comply with these additional requirements, in addition to the requirements of KRS 61.931 to 61.934. 2. If a nonaffiliated third party is required by federal law or regulation to conduct security breach investigations or to make notifications of security breaches, or both, as a result of the nonaffiliated third party’s unauthorized disclosure of one (1) or more data elements of personal information that is the same as one (1) or more of the data elements of personal information listed in KRS 61.931(6)(a) to (f), the nonaffiliated third party shall meet the requirements of KRS 61.931 to 61.934 by providing to the agency a copy of any and all reports and investigations relating to such security breach investigations or notifications that are required to be made by federal law or regulations. This subparagraph shall not apply if the security breach includes the unauthorized disclosure of data elements that are not covered by federal law or regulation but are listed in KRS 61.931(6)(a) to (f). (2) (a) For agreements executed or amended on or after January 1, 2015, any agency that contracts with a nonaffiliated third party and that discloses personal information to the nonaffiliated third party shall require as part of that agreement that the nonaffiliated third party implement, maintain, and update security and breach investigation procedures that are appropriate to the nature of the information disclosed, that are at least as stringent as the security and breach investigation procedures and practices referenced in subsection (1)(b) of this section, and that are reasonably designed to protect the personal information from unauthorized access, use, modification, disclosure, manipulation, or destruction. (b) 1. A nonaffiliated third party that is provided access to personal information by an agency, or that collects and maintains personal information on behalf of an agency shall notify the agency in the most expedient time possible and without unreasonable delay but within seventy-two (72) hours of determination of a security breach relating to the personal information in the possession of the nonaffiliated third party. The notice to the agency shall include all information the nonaffiliated third party has with regard to the security breach at the time of notification. Agreements referenced in paragraph (a) of this subsection shall specify how the cost of the notification and investigation requirements under KRS 61.933 are to be apportioned when a security breach is suffered by the agency or nonaffiliated third party. 2. The notice required by subparagraph 1. of this paragraph may be delayed if a law enforcement agency notifies the nonaffiliated third party that notification will impede a criminal investigation or jeopardize homeland or national security. If notice is delayed pursuant to this subparagraph, notification shall be given as soon as reasonably feasible by the nonaffiliated third party to the agency with which the nonaffiliated third party is contracting. The agency shall then record the notification in writing on a form developed by the Commonwealth Office of Technology that the notification will not impede a criminal investigation and will not jeopardize homeland or national security. The Commonwealth Office of Technology shall promulgate administrative regulations under KRS 61.931 to 61.934 regarding the content of the form.", 61,61.933,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Personal Information Security and Breach Investigations,Notification of personal information security breach — Investigation — Notice to affected individuals of result of investigation — Personal information not subject to requirements — Injunctive relief by Attorney General.,"(1) (a) Any agency that collects, maintains, or stores personal information that determines or is notified of a security breach relating to personal information collected, maintained, or stored by the agency or by a nonaffiliated third party on behalf of the agency shall as soon as possible, but within seventy-two (72) hours of determination or notification of the security breach: 1. Notify the commissioner of the Kentucky State Police, the Auditor of Public Accounts, and the Attorney General. In addition, an agency shall notify the secretary of the Finance and Administration Cabinet or his or her designee if an agency is an organizational unit of the executive branch of state government; notify the commissioner of the Department for Local Government if the agency is a unit of government listed in KRS 61.931(1)(b) or (c) that is not an organizational unit of the executive branch of state government; notify the commissioner of the Kentucky Department of Education if the agency is a public school district listed in KRS 61.931(1)(d); and notify the president of the Council on Postsecondary Education if the agency is an educational entity listed under KRS 61.931(1)(e). Notification shall be in writing on a form developed by the Commonwealth Office of Technology. The Commonwealth Office of Technology shall promulgate administrative regulations KRS 61.931 to 61.934 regarding the contents of the form; and 2. Begin conducting a reasonable and prompt investigation in accordance with the security and breach investigation procedures and practices referenced in KRS 61.932(1)(b) to determine whether the security breach has resulted in or is likely to result in the misuse of the personal information. (b) Upon conclusion of the agency’s investigation: 1. If the agency determined that a security breach has occurred and that the misuse of personal information has occurred or is reasonably likely to occur, the agency shall: a. Within forty-eight (48) hours of completion of the investigation, notify in writing all officers listed in paragraph (a)1. of this subsection, and the commissioner of the Department for Libraries and Archives, unless the provisions of subsection (3) of this section apply; b. Within thirty-five (35) days of providing the notifications required by subdivision a. of this subparagraph, notify all individuals impacted by the security breach as provided in subsection (2) of this section, unless the provisions of subsection (3) of this section apply; and c. If the number of individuals to be notified exceeds one thousand (1,000), the agency shall notify, at least seven (7) days prior to providing notice to individuals under subdivision b. of this subparagraph, the Commonwealth Office of Technology if the agency is an organizational unit of the executive branch of state government, the Department for Local Government if the agency is a unit of government listed under KRS 61.931(1)(b) or (c) that is not an organizational unit of the executive branch of state government, the Kentucky Department of Education if the agency is a public school district listed under KRS 61.931(1)(d), or the Council on Postsecondary Education if the agency is an educational entity listed under KRS 61.931(1)(e); and notify all consumer credit reporting agencies included on the list maintained by the Office of the Attorney General that compile and maintain files on consumers on a nationwide basis, as defined in 15 U.S.C. sec. 1681a(p), of the timing, distribution, and content of the notice; or 2. If the agency determines that the misuse of personal information has not occurred and is not likely to occur, the agency is not required to give notice, but shall maintain records that reflect the basis for its decision for a retention period set by the State Archives and Records Commission as established by KRS 171.420. The agency shall notify the appropriate entities listed in paragraph (a)1. of this subsection that the misuse of personal information has not occurred. (2) (a) The provisions of this subsection establish the requirements for providing notice to individuals under subsection (1)(b)1.b. of this section. Notice shall be provided as follows: 1. Conspicuous posting of the notice on the Web site of the agency; 2. Notification to regional or local media if the security breach is localized, and also to major statewide media if the security breach is widespread, including broadcast media, such as radio and television; and 3. Personal communication to individuals whose data has been breached using the method listed in subdivision a., b., or c. of this subparagraph that the agency believes is most likely to result in actual notification to those individuals, if the agency has the information available: a. In writing, sent to the most recent address for the individual as reflected in the records of the agency; b. By electronic mail, sent to the most recent electronic mail address for the individual as reflected in the records of the agency, unless the individual has communicated to the agency in writing that they do not want email notification; or c. By telephone, to the most recent telephone number for the individual as reflected in the records of the agency. (b) The notice shall be clear and conspicuous, and shall include: 1. To the extent possible, a description of the categories of information that were subject to the security breach, including the elements of personal information that were or were believed to be acquired; 2. Contact information for the notifying agency, including the address, telephone number, and toll-free number if a toll-free number is maintained; 3. A description of the general acts of the agency, excluding disclosure of defenses used for the protection of information, to protect the personal information from further security breach; and 4. The toll-free numbers, addresses, and Web site addresses, along with a statement that the individual can obtain information from the following sources about steps the individual may take to avoid identity theft, for: a. The major consumer credit reporting agencies; b. The Federal Trade Commission; and c. The Office of the Kentucky Attorney General. (c) The agency providing notice pursuant to this subsection shall cooperate with any investigation conducted by the agencies notified under subsection (1)(a) of this section and with reasonable requests from the Office of Consumer Protection of the Office of the Attorney General, consumer credit reporting agencies, and recipients of the notice, to verify the authenticity of the notice. (3) (a) The notices required by subsection (1) of this section shall not be made if, after consultation with a law enforcement agency, the agency receives a written request from a law enforcement agency for a delay in notification because the notice may impede a criminal investigation. The written request may apply to some or all of the required notifications, as specified in the written request from the law enforcement agency. Upon written notification from the law enforcement agency that the criminal investigation has been completed, or that the sending of the required notifications will no longer impede a criminal investigation, the agency shall send the notices required by subsection (1)(b)1. of this section. (b) The notice required by subsection (1)(b)1.b. of this section may be delayed if the agency determines that measures necessary to restore the reasonable integrity of the data system cannot be implemented within the timeframe established by subsection (1)(b)1.b. of this section, and the delay is approved in writing by the Office of the Attorney General. If notice is delayed pursuant to this subsection, notice shall be made immediately after actions necessary to restore the integrity of the data system have been completed. (4) Any waiver of the provisions of this section is contrary to public policy and shall be void and unenforceable. (5) This section shall not apply to: (a) Personal information that has been redacted; (b) Personal information disclosed to a federal, state, or local government entity, including a law enforcement agency or court, or their agents, assigns, employees, or subcontractors, to investigate or conduct criminal investigations and arrests or delinquent tax assessments, or to perform any other statutory duties and responsibilities; (c) Personal information that is publicly and lawfully made available to the general public from federal, state, or local government records; (d) Personal information that an individual has consented to have publicly disseminated or listed; or (e) Any document recorded in the records of either a county clerk or circuit clerk of a county, or in the records of a United States District Court. (6) The Office of the Attorney General may bring an action in the Franklin Circuit Court against an agency or a nonaffiliated third party that is not an agency, or both, for injunctive relief, and for other legal remedies against a nonaffiliated third party that is not an agency to enforce the provisions of KRS 61.931 to 61.934. Nothing in KRS 61.931 to 61.934 shall create a private right of action.", 61,61.934,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Personal Information Security and Breach Investigations,Personal information security and breach investigation procedures and practices for legislative and judicial branches — Personal information disposal or destruction procedures.,"(1) The legislative and judicial branches of state government shall implement, maintain, and update reasonable security and breach investigation procedures and practices, including taking any appropriate corrective action, to protect and safeguard against security breaches consistent with KRS 61.931 to 61.934. (2) The Department for Libraries and Archives shall establish procedures for the appropriate disposal or destruction of records that include personal information pursuant to the authority granted the Department for Libraries and Archives under KRS 171.450.", 61,61.935,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Chief Information Officer,"Legislative findings. [Repealed, reenacted and amended.]",, 61,61.936,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Chief Information Officer,"Chief information officer. [Repealed, reenacted and amended.]",, 61,61.937,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Chief Information Officer,Authority to enter into memoranda of agreement and contracts. [Repealed.],, 61,61.938,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Chief Information Officer,Office of the Chief Information Officer — Duties — Authority for administrative regulations. [Repealed.],, 61,61.940,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Information Resources,Legislative declarations. [Repealed.],, 61,61.942,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Information Resources,Definitions for KRS 61.940 to 61.953. [Repealed.],, 61,61.945,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Information Resources,Kentucky Information Resources Management Commission. [Repealed.],, 61,61.948,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Information Resources,Powers of commission. [Repealed.],, 61,61.950,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Information Resources,Meetings — Roles and duties — Administrative Regulations. [Repealed.],, 61,61.951,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Information Resources,Office for the Kentucky Information Resources Management Commission — Executive director. [Repealed.],, 61,61.953,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Information Resources,Contents of five-year statewide information resources management plan. [Repealed.],, 61,61.954,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Information Resources,Construction of KRS 61.940 to 61.953 with respect to judicial and legislative branches. [Repealed.],, 61,61.955,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Information Resources,Communications Advisory Council. [Repealed.],, 61,61.957,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Information Resources,Chairman — Duties of council. [Repealed.],, 61,61.958,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Information Resources,"Geographic Information Advisory Council — Purpose — Members — Conflicts of interest. [Repealed, reenacted and amended.]",, 61,61.959,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Information Resources,"Duties of Geographic Information Advisory Council. [Repealed, reenacted and amended.]",, 61,61.960,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Public Access to Governmental Databases,Definitions for KRS 61.965 to 61.975 and 61.992. [Repealed.],, 61,61.965,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Public Access to Governmental Databases,Application of KRS 61.965 to 61.975. [Repealed.],, 61,61.970,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Public Access to Governmental Databases,Use of database or geographic information system. [Repealed.],, 61,61.975,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Public Access to Governmental Databases,Public records available for inspection — Fees for copying or contracts for electronic use. [Repealed.],, 61,61.980,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Information Access Assistive Technology,Definitions for KRS 61.980 to 61.988.,"As used in KRS 61.980 to 61.988: (1) “Access” means the ability to receive, use, and manipulate data and operate controls included in information technology to be in compliance with nationally accepted accessibility and usability standards such as those established by Section 255 of the Federal Telecommunications Act of 1996 and Section 508 of the Federal Workforce Investment Act of 1998; (2) “Individual with a disability” means an individual who is considered to have a disability for the purpose of any federal or state law, and who is or would be able by information-access-assistive technology to maintain a level of functioning or to achieve a greater level of functioning in any major life activity; (3) “Blind or visually impaired individual” means an individual who: (a) Has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision so that the widest diameter of the visual field subtends an angle no greater than twenty (20) degrees; (b) Has a medically indicated expectation of visual deterioration; or (c) Has a medically diagnosed limitation in visual functioning that restricts the individual’s ability to read and write standard print at levels expected of individuals of comparable ability; (4) “Covered entity” means the state or any state-assisted organization; (5) “Deaf” or “hard of hearing” means persons who have hearing disorders and includes people who cannot hear and understand speech clearly through the ear alone, with or without hearing aids; (6) “Information technology” means all electronic information processing hardware and software, including but not limited to telecommunications and any electronic information equipment or interconnected system that is used in the acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of audio, video, graphics, and text; (7) “Assistive technology” means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, customized, fabricated, or is otherwise an alternative means that is used to increase, maintain, or improve functional capabilities of individuals with disabilities; (8) “Nonvisual” means output methods not requiring sight, including but not limited to synthesized speech and Braille; (9) “State” means the Commonwealth of Kentucky or any of its departments, agencies, public bodies, or other instrumentalities; (10) “State-assisted organization” means a college, university, nonprofit organization, person, political subdivision, school system, or other entity supported in whole or in part by state funds; (11) “Telecommunications” means the transmission of information, images, pictures, voice, or data by radio, video, or other electronic or impulse means; and (12) “Undue burden” means significant difficulty or expense, including but not limited to a difficulty or expense associated with technical feasibility.", 61,61.982,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Information Access Assistive Technology,Access requirements for state information technology equipment and software.,"The head of each covered entity shall ensure that information technology equipment and software used by the entity’s employees, program participants, and the general public: (1) Provide individuals with disabilities, including blind or visually impaired, or deaf or hard of hearing, with access, including but not limited to interactive use of equipment and services, that is equivalent to the access provided individuals who are not disabled, blind or visually impaired, or deaf or hard of hearing; (2) Are designed to present information, including but not limited to prompts used for interactive communication, in formats intended for both visual and nonvisual use; and (3) Have been purchased under a contract that includes the technology access clause required by KRS 61.984.", 61,61.984,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Information Access Assistive Technology,Procurement of information technology — Technology access contract clause — Alternative and nonvisual access standards.,"The Finance and Administration Cabinet shall develop a technology access clause which shall be in compliance with Section 255 of the Federal Telecommunication Act of 1996 and with Section 508 of the Federal Workforce Investment Act of 1998 and shall establish alternative, including nonvisual, access standards for use in the procurement of information technology by covered entities in accordance with the following requirements: (1) The technology access clause shall require compliance with the standards established under this section. Except as otherwise provided in KRS 61.986, the technology access clause shall be included in all contracts entered into after July 14, 2000, for the procurement of information technology by, or for the use of, covered entities. (2) The alternative and nonvisual access standards shall include the specifications necessary to meet the requirements of KRS 61.982. The standards shall include the following minimum specifications: (a) Effective, interactive control and use of technology, including the operating system, applications programs, and format of the data presented shall be readily achievable by alternative and nonvisual means; (b) The technology equipped for alternative and nonvisual access shall be compatible with information technology used by other individuals with whom the person with a disability, including the blind or visually impaired individual, must interact; (c) Alternative and nonvisual access technology shall be integrated into networks used to share communications among employees, program participants, and the public; and (d) The technology for alternative or nonvisual access shall have the capability of providing equivalent access by nonvisual or other alternative means to telecommunications or other interconnected network services used by persons who are not disabled.", 61,61.986,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Information Access Assistive Technology,Exclusion of technology access clause — Conditions — Exempting from access requirements — Compliance of existing equipment or software.,"(1) For the purpose of procurement, the head of any covered entity may, with respect to access software or peripheral devices and other assistive technology pertinent to individuals with disabilities access to information technology obtained following July 14, 2000, approve the exclusion of the technology access clause if the cost of the software or peripheral devices or other assistive technology for the covered entity presents an undue burden. (2) The head of any covered entity shall not approve the exclusion of the technology access clause from any contract with respect to: (a) The compatibility of standard operating systems and software with nonvisual access or other assistive software, peripheral devices, or any assistive technology; or (b) The initial design, development, and installation of information systems, including the design and procurement of interactive equipment and software. (3) Nothing in this section shall require the installation of software or peripheral devices for nonvisual or alternative access if the information technology is being used by individuals who are not blind, visually impaired, or otherwise disabled. However, the applications programs and underlying operating system, including the format of the data, used for the manipulation and presentation of information shall permit the installation and effective use of nonvisual access software and peripheral devices. (4) Information technology purchased prior to July 14, 2000, shall be brought into compliance with KRS 61.980 to 61.988 when the covered entity upgrades or replaces the existing equipment or software. Nothing in KRS 61.980 to 61.988 shall be construed or interpreted to require the replacement or upgrade of existing equipment or software.", 61,61.988,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Information Access Assistive Technology,Action for injunctive relief for injury due to violation of KRS 61.980 to 61.988.,Any person injured by a violation of KRS 61.980 to 61.988 may bring an action for injunctive relief in the Circuit Court of the county in which the person resides or in which the covered entity is located. An action for injunctive relief shall be commenced within four (4) years after the cause of action accrues. A cause of action for a continuing violation of KRS 61.980 to 61.988 shall accrue at the time of the latest occurrence of the violation., 61,61.990,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Penalties,Penalties.,"(1) Any person who exercises any of the functions of a nonelective peace officer or deputy peace officer in violation of the provisions of KRS 61.300 shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or imprisoned in the county jail for not more than six (6) months, or both. (2) Any person who violates any of the provisions of KRS 61.360 shall be fined not less than twenty-five dollars ($25) nor more than five hundred dollars ($500) or be imprisoned not less than ten (10) days nor more than sixty (60) days, or both. (3) Any person who willfully violates the provisions of KRS 61.102(1) shall be guilty of a Class A misdemeanor. (4) A court, in rendering a judgment in an action filed under KRS 61.102 and 61.103, shall order, as it considers appropriate, reinstatement of the employee, the payment of back wages, full reinstatement of fringe benefits and seniority rights, exemplary or punitive damages, or any combination thereof. A court may also award the complainant all or a portion of the costs of litigation, including reasonable attorney fees and witness fees.", 61,61.991,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Penalties,Penalties.,"(1) Any person who knowingly attends a meeting of any public agency covered by KRS 61.805 to 61.850 of which he is a member, not held in accordance with the provisions of KRS 61.805 to 61.850 shall be punished by a fine of not more than one hundred dollars ($100). (2) (a) Any official of a public agency who willfully conceals or destroys any record with the intent to violate KRS 61.870 to 61.884 shall be guilty of a Class A misdemeanor for each separate violation. (b) Any official of a public agency who fails to produce any record after entry of final judgment directing that such records shall be produced shall be guilty of contempt. (3) Any person who violates any of the provisions of KRS 61.900 to 61.930 shall be fined not more than two hundred fifty dollars ($250) or imprisoned not more than ninety (90) days, or both.", 61,61.992,General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System,Penalties,Penalties for KRS 61.960 to 61.975. [Repealed.],, 62,62.010,Oaths and Bonds,Oaths,Oath of office — When to be taken.,"(1) No officer shall enter upon the duties of his office until he takes the oath required of him by law. (2) Each person elected to an office shall take the oath of office on or before the day the term of office to which he has been elected begins, except in years where the first Monday in January falls upon January 1. In years where the first Monday falls upon January 1, no penalty shall be applied to any officer that fails to take the oath of office, so long as the oath of office is taken within thirty (30) days of the first Monday of January. (3) Each person appointed to an office shall take the oath of office within thirty (30) days after he receives notice of his appointment.", 62,62.020,Oaths and Bonds,Oaths,Persons authorized to administer official oaths — Certification and filing.,"(1) The official oath of any officer may be administered by: (a) Any active, retired, or senior status justice or judge of the Court of Justice or active, retired, or senior status federal judge, with Kentucky jurisdiction; (b) Any member of the General Assembly may administer an oath statewide; or (c) Any county judge/executive, notary public, clerk of a court, or justice of the peace, within his district or county. (2) For those officers listed in paragraphs (a), (b), (c), (d), and (e) of this subsection, the person administering the oath shall certify in writing that the oath of office was administered and the date of its administration. The person administering the oath shall file a written certification: (a) In the Secretary of State’s office for: 1. A member of the General Assembly; 2. An officer elected from the state at large; 3. An officer elected from a district greater than one (1) county; or 4. An officer elected from a city whose boundaries extend beyond those of a single county; (b) In the Secretary of State’s office for: 1. An officer appointed cabinet secretary; or 2. An officer appointed a deputy or assistant to an elected constitutional officer and who is required by separate statute to take the oath of office; (c) In the Governor’s office for the Secretary of State and the assistant Secretary of State; (d) In the office of the county clerk for the county from which an officer is elected to countywide office or office for a district within the county. However, the requirements of this paragraph shall not apply when the requirements of paragraph (a) of this subsection apply; and (e) In the office of a circuit clerk for a county clerk within the jurisdiction of that circuit clerk.", 62,62.030,Oaths and Bonds,Oaths,Oath of fiduciaries.,"Every person, before entering on the duty of executor, administrator, guardian, curator or conservator of a person who is mentally disabled, or any other like trust or employment, in lieu of all other oaths not expressly required by law, shall take in substance the following oath or affirmation “I do solemnly swear (or affirm) that I will faithfully perform the duties of … according to law.”", 62,62.040,Oaths and Bonds,Oaths,Peace officers’ oath to suppress gaming.,"(1) Every peace officer shall take an oath that he will endeavor, to the best of his ability, to detect and prosecute all gamblers and others violating the laws against gaming. (2) The oath specified in subsection (1) of this section may be administered by any person who may administer an oath pursuant to KRS 62.020. A person shall not administer the oath specified in subsection (1) of this section to himself or herself.", 62,62.050,Oaths and Bonds,Bonds,Bonds — When to be given.,"(1) Except as otherwise provided by statute, no officer required by law to give bond shall enter upon the duties of his office until he gives the bond, except in years where the first Monday in January falls upon January 1. In years where the first Monday falls upon January 1, no penalty shall be applied to any officer that fails to give bond, so long as bond is given within thirty (30) days of the first Monday of January. (2) Except as otherwise provided by statute, each person elected to an office who is required to give bond shall give the bond on or before the day the term of office to which he has been elected begins. (3) Each person appointed to an office who is required to give bond shall give the bond within thirty (30) days after he receives notice of his appointment.", 62,62.0501,Oaths and Bonds,Bonds,Certain officers without bond given extension of time to comply — Suspension of penalties.,"Any officer currently in office who did not obtain a bond in conformity to the requirements of KRS 62.050 or other statute applicable to bonding of his office shall be deemed to have complied with the applicable provisions of law if he shall have in place within thirty (30) days of January 27, 1995, such a bond, and no penalty or other forfeiture authorized by KRS 62.990 or other statute for not having previously conformed with applicable provisions of law shall apply to the officer.", 62,62.0503,Oaths and Bonds,Bonds,Validation of acts of certain officers without bonds — Sunset provision.,"(1) Any act done, prior to his removal from office, by an officer removed from office pursuant to provisions of KRS 62.990 or other applicable statute for a violation of KRS 62.050 or other bonding statute is legalized, as against the Commonwealth, to the extent that the act may have been invalid solely because of failure to file the required bond in a timely manner. (2) Any act done by an officer subject to removal from office pursuant to the provisions of KRS 62.990 or other applicable statute for a violation of KRS 62.050 or other bonding statute is legalized, as against the Commonwealth, to the extent that the act may have been invalid solely because of failure to file the required bond, or to file the required bond in a timely manner. (3) The provisions of this section shall apply to any covered act done by any officer currently in office. (4) The provisions of this section shall expire on December 31, 1999.", 62,62.055,Oaths and Bonds,Bonds,Bonds of county clerks — Minimum — Record.,"(1) Every county clerk, before entering on the duties of his office, shall execute bond to the Commonwealth, with corporate surety authorized and qualified to become surety on bonds in this state. Any county clerk holding office as of January 1, 1978, who has not executed bond as provided herein shall do so within thirty (30) days from February 9, 1978. (2) In counties containing a consolidated local government or a city of the first class, the amount of the county clerk’s bond shall be at least five hundred thousand dollars ($500,000). In counties containing an urban-county form of government, the amount of county clerk’s bond shall be at least four hundred thousand dollars ($400,000). In counties containing a city of the home rule class but not a city of the first class, a consolidated local government, or an urban-county form of government, the amount of the county clerk’s bond shall be at least one hundred thousand dollars ($100,000). (3) The bond of the county clerk shall be examined and approved by the fiscal court, which shall record the approval in its minutes. The fiscal court shall record the bond in the county clerk’s records and a copy of the bond shall be transmitted within one (1) month to the Department of Revenue, where it shall be recorded and preserved. Except in those counties where the fees of the county clerk are paid into the State Treasury, the premium on the county clerk’s bond shall be paid by the county. (4) Where circumstances in a particular county indicate that the amount of the bond may not be sufficient, the Department of Revenue may request the fiscal court to increase the bond as provided in KRS 62.060. The fiscal court shall then require a bond of sufficient amount to safeguard the Commonwealth.", 62,62.060,Oaths and Bonds,Bonds,"Bonds of officers, depositories and fiduciaries — Form — Conditions — Amount — Renewal.","(1) Except as provided by KRS 395.130, the bond required by law to be executed and given by any public official, depository of public funds, or any fiduciary, and other bond required by law for the discharge or performance of any public or fiducial office, trust or employment, shall be a covenant to the Commonwealth of Kentucky from the principal and surety or sureties that the principal will faithfully discharge his duties, and there shall be no other obligation in the bond. The bond shall be limited in a definite penal sum, which shall be determined and fixed by the officer or officers whose duty it is to approve the bond. The bond of each fiduciary shall be fixed in a penal sum of not less than the estimated value of the estate which the fiduciary is in charge of. The officer or officers taking any bond mentioned in this section may, at any time when it appears to be to the interest of the obligee, increase the penal sum of the bond or require a renewal thereof with other or additional sureties. (2) A bond or obligation taken in any form other than that required by subsection (1) shall be binding on the parties thereto according to its terms. (3) This section shall not apply to bonds given pursuant to KRS 62.160 to 62.200.", 62,62.065,Oaths and Bonds,Bonds,Individual not to be surety on more than one bond — Nonapplicability of limitation to corporate sureties.,"Individual sureties on bonds required by law to be executed and given by an officer of any city or county as provided in subsection (1) of KRS 62.060, shall not become surety on more than one (1) bond of any such officer at the same time. The limitations on individuals making bonds shall not apply to corporate sureties.", 62,62.070,Oaths and Bonds,Bonds,Action and recovery on bond.,"Actions may be brought from time to time on any bond required by law for the discharge or performance of any public or fiducial office, trust or employment, in the name of the Commonwealth, for its benefit or for that of any person injured by a breach of the covenant or condition, at the proper costs of the party suing, against the parties jointly or severally, together with the personal representatives, heirs and devisees or distributees of such of them as may be dead. Recovery against the surety shall be limited to the amount of the penalty fixed in the bond, but recovery against the principal shall not be limited by the amount of the penalty fixed in the bond. Recovery on the bond shall not be restricted to duties or responsibilities belonging to the office, trust or employment at the date the bond is executed, but may include any duties or responsibilities thereafter imposed by law or lawfully assumed.", 62,62.080,Oaths and Bonds,Bonds,Liability for public funds placed in depository.,"All persons required by law to give bonds for the discharge or performance of any public or fiducial office, trust or employment are relieved from all liability as insurers of funds that come into their hands or subject to their control after the funds are deposited in good faith in a depository or depositories in the county approved by the fiscal court, and the obligors in the bonds shall not be responsible for loss of, or delay in payment of such funds by reason of the failure or suspension of such depository.", 62,62.090,Oaths and Bonds,Bonds,Proceeding for release and indemnity of sureties — Where brought.,"If a surety in any official bond, or bond of a personal representative, guardian, conservator, curator, assignee or trustee, master commissioner, receiver, or in any bond or covenant which by law may be required to be executed in court, or before an officer at the commencement or during the progress of any civil judicial proceeding, wishes to be relieved from future liability and to obtain indemnity for liability already incurred, or either, he may file a motion in the court in which the original bond was given or in whose clerk’s office the bond is required to be kept. If the bond was not given in any court or is not required to be kept in any office, the motion shall be filed in the Circuit Court of the county in which the principal resides, or if the principal has no residence in this state, then in the Circuit Court of the county of the residence of the surety. The motion may be filed in the court or the motion and notice, with return showing service, may be filed in the office of the clerk of the court.", 62,62.100,Oaths and Bonds,Bonds,Notice of proceeding.,"(1) The surety shall give written notice to the principal requiring him, by a day named in the notice, to appear before the court in which the motion is filed. (2) If the principal is within the state, the notice shall be not less than ten (10) days, otherwise there shall be thirty (30) days’ notice to his attorney if he has one in the county where the bond is executed, and if none, there shall be thirty (30) days’ notice published pursuant to KRS Chapter 424. (3) The notice shall apprise the party of the object of the motion, whether for a new bond with other surety to effect a discharge from future liability, or as indemnity for the past acts of the principal, or for both. If indemnity for liability incurred is one of the objects, notice in like manner shall be given to each of the other sureties in the bond who have not joined in the motion.", 62,62.110,Oaths and Bonds,Bonds,New bond discharges sureties — Stipulation for indemnity.,"If a new bond is given all the sureties making the motion shall be discharged from all liability for the acts of the principal thereafter done. If the object is so specified, the bond shall contain a covenant to indemnify the said sureties against any loss, cost or damage legally incurred by reason of the suretyship.", 62,62.120,Oaths and Bonds,Bonds,Failure to give new bond.,"(1) If a new bond is not given on the day named in the notice or fixed by the court, the party moved against shall, if he is an officer, be at once removed from office. If he is not an officer his powers shall be revoked and he shall be deprived of all right further to act in discharge of the duties or functions of the trust, post or employment. The court shall make all needful orders for the protection of the surety and for the benefit of the estate or trust which had been confided to the principal. (2) If a new bond is not given within thirty (30) days after the day named in the notice the surety shall be automatically released from all further liability and shall not be responsible for any acts of default of the principal thereafter done, notwithstanding a failure to remove the principal from office or to revoke his powers. (3) If the notice and motion is made by a surety on a bond for costs and a new bond is not executed within the time fixed by the court, the action shall be dismissed. If a new bond is executed, the liability of the former surety shall cease upon its execution.", 62,62.130,Oaths and Bonds,Bonds,Adoption of proceeding by other sureties or personal representative.,"The remedy given to the surety by KRS 62.090 to 62.120 may be adopted by his personal representative. Any surety in the bond may, at any time before the final action upon the motion, unite with the movant and ask for the same relief.", 62,62.140,Oaths and Bonds,Bonds,"Premiums on bonds paid by state, when.","(1) Each county clerk, jailer and sheriff whose fees are paid into the State Treasury, and who has the bond required of him by law executed by an incorporated surety company authorized to do a surety business in Kentucky, shall have a claim against the state for the amount of the premium paid by him, payable as other claims are paid, but only if the fees theretofore paid into the State Treasury by such officer are sufficient to pay the premium in addition to his other official expenses theretofore incurred that are entitled to be paid out of such fees. The amount of premium to be paid by the state shall be approved by the judge or court who approved the bond. (2) Every claim made under this section for the payment of a premium on a bond shall be verified by affidavit of the officer executing the bond as principal.", 62,62.145,Oaths and Bonds,Bonds,"Premiums on bonds of county clerks in counties of less than 200,000. [Repealed.]",, 62,62.150,Oaths and Bonds,Bonds,Premiums on bonds of county officers in counties of two hundred thousand population.,"All elective or appointive county officers of any county containing a population of two hundred thousand (200,000) or more who, upon assuming their respective offices, are required under the law to execute a bond for the faithful discharge and performance of their duties, and who shall have such bond executed by any incorporated surety company authorized to do a surety business in the State of Kentucky, shall pay the premium on such bond, and the amount paid for such premium shall be and become a valid claim against the county, except where the law provides that it be paid by the state, and shall be paid in the same manner as other claims are paid. In each case in which a claim is made for the payment of premium on the bond executed as above set out, the officer executing the bond as principal shall verify the claim by his affidavit.", 62,62.155,Oaths and Bonds,Bonds,"Sheriff’s general obligation bonds and state revenue bond, state to pay premiums on.","With the exception of the sheriff’s county levy bond, and with the exception of those bonds upon which the premium is now paid by the state or county, each sheriff shall have a valid claim against the state for the amounts paid by him for premiums on the bonds required of him by law, when the bonds have been executed by an incorporated surety company authorized to do a surety business in Kentucky, and when the claims are verified by the sheriff’s affidavit. This section is intended to supersede subsection (1) of KRS 62.140 with respect to sheriffs whose fees are paid into the State Treasury.", 62,62.156,Oaths and Bonds,Bonds,"Sheriff’s county levy bond, county to pay premiums on.","Each sheriff who is required by law to furnish at his own expense a bond for the collection of county revenue shall have a claim against the county for the amount paid for the premium on his county revenue bond when the bond has been executed by an incorporated surety company authorized to do a surety business in Kentucky, and when the claim is verified by his affidavit.", 62,62.160,Oaths and Bonds,Bonds,Bonds of state officers — Minimum sum — Increase or renewal.,"(1) The state officers elected by the voters of the state at large, except the Governor and the Lieutenant Governor, the heads of departments, offices, and cabinets of the state government, the adjutant general, the members of the Public Service Commission, the members of the State Fair Board and Fish and Wildlife Resources Commission, and the members of the Board of Tax Appeals, Board of Claims, Crime Victims Compensation Board, and the Alcoholic Beverage Control Board, shall each give bond. The amounts of the bonds shall be fixed by the Governor, which amounts as to those offices set forth in subsection (2) of this section shall be not less than the amounts set forth for the respective offices. At any time when it appears to be to the interest of the Commonwealth, the Governor may increase the penal sum of any bond or require a renewal of the bond with other or additional surety. (2) The minimum sum of the bond for the following offices shall be as follows: Click to view", 62,62.170,Oaths and Bonds,Bonds,Bonds of state employees — Blanket bonds — Amount — Insurance companies that may participate.,"(1) The secretary of the Finance and Administration Cabinet shall secure, except for state officers required by KRS 62.160 to file bond, blanket bonds, with or without cosureties, written on a blanket position form, to cover all other officers, employees, or deputies of the Commonwealth of Kentucky, including all judges, clerks, and employees of the Court of Justice, including all other members of boards or commissions or employees of those boards or commissions, and including all superintendents, receivers, or employees of penal or eleemosynary institutions managed or directed by the Justice and Public Safety Cabinet, the Cabinet for Health and Family Services, or any other department or agency of the Commonwealth of Kentucky. Nothing in this subsection shall be deemed to prohibit the securing of any such blanket position bond on a departmental, board, commission, agency, or institutional basis. (2) The secretary of the Finance and Administration Cabinet may secure one (1) or more excess blanket bonds, with or without cosureties, to cover selected groups of persons covered by the bond or bonds required in the preceding paragraph to provide additional coverage which he or she may deem necessary by the exposures indicated in accordance with the duties and responsibilities indicated by the personnel classification schedules of the Personnel Cabinet and, for Court of Justice officers and personnel, by the Administrative Office of the Courts and in accordance with the amounts of money and property handled by the respective officers and employees. (3) Such bond or bonds shall be written by and participated in only by insurance companies licensed by the Department of Insurance to do business in this state and shall be countersigned by a duly authorized licensed resident agent of the company. The bonds may be written with or without cosureties. Further, the bonds are to be a percentage of the total risks, the Department of Insurance to approve the amount of the risk written by any one (1) company. (4) The penal amount of the bond secured pursuant to this section shall be fixed by the secretary of the Finance and Administration Cabinet in accordance with the duties and responsibilities indicated by the personnel classification schedules of the Personnel Cabinet and, for Court of Justice officers and personnel, by the Administrative Office of the Courts, and in accordance with the amounts of money and property handled by the respective officers and employees.", 62,62.180,Oaths and Bonds,Bonds,Condition of bonds of state officers — Ex officio liability.,Each bond provided for in KRS 62.160 shall be a covenant to the Commonwealth of Kentucky that the principal will faithfully discharge his duties and will faithfully account for and pay over all money and property that may come into his possession by virtue of his office or position. Liability on the bond of any officer shall extend to any position held by him ex officio., 62,62.190,Oaths and Bonds,Bonds,Conditions of blanket bonds.,"The bonds provided for by section 62.170 of the Kentucky Revised Statutes shall be covenants to the Commonwealth of Kentucky that the officers, employees or holders of positions covered by the bond will faithfully account for and pay over all money and property that may come into their possession by virtue of their office, employment or position.", 62,62.200,Oaths and Bonds,Bonds,Corporate surety on bonds of state officers and employees — Approval as to form and legality — Filing.,"(1) Each bond mentioned in KRS 62.160 to 62.190 shall be executed by a corporate surety authorized to do a surety business in Kentucky. No bond shall be accepted until it has been approved by the Attorney General as to form and legality, except the bond of the Attorney General which shall be accepted when approved in such respects by the Governor. (2) All bonds given pursuant to KRS 62.160 to 62.190, except the bond of the Secretary of State, shall be filed in the office of the Secretary of State. The bond of the Secretary of State shall be filed in the office of the Governor.", 62,62.210,Oaths and Bonds,Bonds,Office of county clerk liable for acts of deputy clerk — Liability of deputy clerk to county clerk.,"The office of county clerk, rather than the individual holder of the office, shall be liable for the acts or omissions of deputy clerks. When a deputy clerk omits to act or acts in such a way as to render the clerk responsible, and the clerk discharges such responsibility, the deputy clerk shall be liable to the clerk for all damages and costs which are caused by the deputy’s act or omission.", 62,62.990,Oaths and Bonds,Penalties,Penalties.,"(1) Any person who violates KRS 62.010(1) or 62.050(1) on or after the date thirty (30) days after January 27, 1995, shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). (2) (a) If any person violates KRS 62.010(2) or (3) before January 1, 2010, his or her office shall be considered vacant. (b) If any person violates KRS 62.010(2) or (3) on or after January 1, 2010, his office shall be considered vacant, and he shall not be eligible for the same office for two (2) years. (3) Any person convicted or removed from office under subsection (2) of this section prior to January 10, 1995, may apply to the Circuit Court for relief from the disability of being unable to serve in office. The Circuit Court, upon receipt of the application, shall modify the sentence to remove the disability of holding the office. This subsection shall not be construed to require the removal from office of a person who has been appointed to fill the remainder of the term of a person removed from office under KRS 62.050 and 62.990.", 63,63.010,"Resignations, Removals, and Vacancies",Resignations,Resignations — How made — To whom tendered — Record of.,"All resignations of office shall be tendered in writing to the court or officer required to fill the vacancy, and received and recorded by the court or officer in its or his records. Resignations to the Governor shall be recorded in the Executive Journal.", 63,63.020,"Resignations, Removals, and Vacancies",Removals,Impeachment and removal by address.,Proceedings for impeachment or removal by address may be instituted by the House of Representatives without a petition from any person., 63,63.030,"Resignations, Removals, and Vacancies",Removals,Petition for impeachment.,"(1) Any person may, by written petition to the House of Representatives, signed by himself, verified by his own affidavit and the affidavits of such others as he deems necessary, and setting forth the facts, pray the impeachment of any officer. (2) The House shall refer the petition to a committee, with power to send for persons and papers, to report thereon.", 63,63.035,"Resignations, Removals, and Vacancies",Removals,Articles of impeachment.,"(1) If an impeachment is recommended by the committee of the House of Representatives to which it is referred, the committee shall draw up the articles of impeachment in accusation of the officer and submit the articles to the House with the recommendation for impeachment. (2) The articles of impeachment shall state with reasonable certainty the misdemeanor in office for which impeachment is sought; and if there be more than one (1) misdemeanor, each shall be stated separately and distinctly.", 63,63.040,"Resignations, Removals, and Vacancies",Removals,Prosecution — Witnesses.,"(1) If an impeachment is ordered by the House of Representatives a committee shall be appointed to prosecute it, and the committee chairman shall, within five (5) days, lay the impeachment before the Senate. (2) The Senate shall appoint a day for hearing the impeachment. The accused shall be summoned by precept, issued by the clerk of the Senate, to appear on that day. The precept shall be served in person, or a copy left at his residence with a member of his family over the age of sixteen (16) years, together with a copy of the impeachment. (3) The clerk of the Senate shall, at the instance of the chairman of the committee, or of the accused, issue process for the summoning of witnesses, and the production of books, papers, documents or tangible things. Process so issued shall be executed by peace officers or officers specially appointed by the Senate for that purpose in the same manner as similar process of courts. Upon disobedience to the process, the Senate may order the clerk to issue process for arresting the witnesses and seizing the books, papers, documents or tangible things. Disobedience may be punished in the manner provided for other witnesses before the General Assembly. (4) A witness so summoned shall receive the same compensation, and have the same privilege in going, remaining and returning, as a witness in Circuit Court.", 63,63.050,"Resignations, Removals, and Vacancies",Removals,Oath of Senators trying.,"Before the Senate proceeds to try an impeachment the presiding officer and every member present shall take the following oath or affirmation: “I do solemnly swear (or affirm) that I will faithfully and impartially try the impeachment against A. B., and give my decision according to the law and the evidence.”", 63,63.055,"Resignations, Removals, and Vacancies",Removals,Absence of Senators.,The Senate shall determine what amount of absence of a Senator during the trial shall exclude the Senator from voting on the final decision., 63,63.060,"Resignations, Removals, and Vacancies",Removals,Petition for removal by address.,"A person may, in the manner prescribed by KRS 63.030, petition either the Senate or House of Representatives or both to have an officer removed by address, which petition shall, in like manner, be referred to a committee.", 63,63.070,"Resignations, Removals, and Vacancies",Removals,Costs of proceeding upon petition.,"(1) In a proceeding for impeachment or removal by address, if the committee reports against the petition and the report is not overruled by the house petitioned, the petitioner shall be liable to witnesses and to the accused for the costs of investigation before the committee. These costs shall be taxed by the clerk of the house appointing the committee. (2) In an impeachment proceeding prosecuted before the Senate, if the accused is acquitted the petitioner shall pay the costs of the accused; and if the accused is convicted, he shall pay the petitioner the costs incurred in behalf of the prosecution. Costs mentioned in this subsection shall be taxed by the clerk of the Senate. (3) Costs taxed pursuant to this section may be recovered on motion, after five (5) days’ notice, in a Circuit Court.", 63,63.075,"Resignations, Removals, and Vacancies",Removals,Costs of proceeding without petition.,"In a proceeding for impeachment instituted by the House of Representatives without a petition from any person, if the accused be acquitted he shall be entitled to his costs, to be taxed by the clerk of the Senate against the Commonwealth. If the accused be convicted, he shall pay the costs, to be taxed by the clerk and recovered by motion by the Attorney General, in the Franklin Circuit Court.", 63,63.080,"Resignations, Removals, and Vacancies",Removals,Officers appointed by Governor may be removed without cause — Exceptions — Removal of university or KCTCS board members for cause or to comply with proportional representation requirements.,"(1) Except as provided in subsection (2) of this section and otherwise provided by law, any person appointed by the Governor, either with or without the advice and consent of the Senate, may be removed from office by the Governor for any cause the Governor deems sufficient, by an order of the Governor entered in the executive journal removing the officer. (2) (a) Except as provided in subsections (3) and (4) of this section, members of the Kentucky Board of Education; the board of trustees of the University of Kentucky; the board of trustees of the University of Louisville; and the board of regents respectively of Eastern Kentucky University, Western Kentucky University, Morehead State University, Kentucky State University, Northern Kentucky University, Murray State University, and the Kentucky Community and Technical College System shall not be removedexcept for cause. (b) Members of the Council on Postsecondary Education shall not be removed except for cause. (c) A member of a board of trustees or board of regents specified in paragraph (a) of this subsection may be removed for cause as follows: 1. The Governor or the board of trustees or board of regents, as applicable, shall notify, in writing, the member and the Council on Postsecondary Education that the member should be removed for cause and shall specify the conduct warranting removal; 2. The member shall have seven (7) days to voluntarily resign or to provide evidence to the Council on Postsecondary Education that the member’s conduct does not warrant removal; 3. Within thirty (30) days after receipt of notice from the Governor or the board, the Council on Postsecondary Education shall review the written notice, investigate the member and the conduct alleged to support removal, and make a nonbinding recommendation, in writing, to the Governor as to whether the member should be removed, a copy of which shall also be provided to the Legislative Research Commission; 4. The Governor shall then make a determination, in writing, whether the member should be removed and shall notify the member, the applicable board, the Council on Postsecondary Education, and the Legislative Research Commission of the determination; and 5. If the Governor’s determination is to remove the member, the Governor shall remove the member by executive order, and shall replace the member with a new appointment according to the applicable statutes for the board of trustees or board of regents. (d) For the purposes of this subsection, a member may be removed for cause for conduct including but not limited to malfeasance, misfeasance, incompetence, or gross neglect of duty. (3) For a board specified in subsection (2)(a) of this section that is required by law to have proportional representation in its membership based on residence, political affiliation, gender, minority racial composition, or professional qualifications, the Governor or other appointing authority may remove any member of the board and replace him or her with another individual in order to bring the membership into compliance with the statutory proportional representation requirement for the board, provided that the Governor or other appointing authority shall: (a) Only exercise the removal authority granted in this subsection if appointment at the end of the next expiring term of a member, or at the end of the next expiring term of members if two (2) or more members’ terms expire at the same time, cannot cure the deficiency in the proportional representation requirement; (b) Remove the fewest number of members necessary to bring the membership into compliance with the proportional representation requirement for the board; (c) Identify the order in which the members were appointed to their current terms on the board and, beginning with the most recently appointed member who may be removed and replaced to bring the membership into compliance with the proportional representation requirement, remove the member or members according to the length of their tenure on the board, without taking into account any prior term of service on the board by the member; (d) Provide any member proposed to be removed with the following: 1. Written notice, at least seven (7) days prior to the member’s removal from the board, stating the statutory proportional representation requirement that the member does not satisfy; and 2. An opportunity during the seven (7) day notice period for the member to voluntarily resign or to provide evidence to the Governor or other appointing authority that the member does satisfy the proportional representation requirement or that another member on the board who also does not satisfy the requirement has a shorter tenure than the member proposed to be removed; (e) Replace any removed member with only those individuals who will bring the board into compliance with the proportional representation requirement; and (f) Appoint any new member in the same manner as provided by law for the member being removed and to fill the remainder of the removed member’s unexpired term. (4) For a board of trustees or board of regents specified in subsection (2)(a) of this section, the Governor may remove for cause all appointed members of the board and replace the entire appointed membership as follows: (a) The Governor shall notify, in writing, the board and the Council on Postsecondary Education that the entire appointed membership of the board should be removed for cause and shall specify the conduct warranting removal; (b) The board or its members shall have seven (7) days to voluntarily resign or to provide evidence to the Council on Postsecondary Education that the conduct of the board or of individual members does not warrant removal; (c) Within thirty (30) days after receipt of notice from the Governor, the Council on Postsecondary Education shall review the written notice, investigate the board and the conduct alleged to support removal, and make a nonbinding recommendation, in writing, to the Governor as to whether the appointed board membership should be removed, a copy of which shall also be provided to the Legislative Research Commission; (d) The Governor shall then make a determination, in writing, whether the entire appointed board membership should be removed and shall notify the members, the Council on Postsecondary Education, and the Legislative Research Commission of the determination; and (e) If the Governor’s determination is to remove the entire appointed membership of the board, the Governor shall remove the members by executive order, and shall replace the members with new appointments according to the applicable statutes for the board of trustees or board or regents. For the purposes of this subsection, the entire appointed membership of a board of trustees or board of regents may be removed for cause if the board is no longer functioning according to its statutory mandate as specified in the enabling statutes applicable to the board, or if the board membership’s conduct as a whole constitutes malfeasance, misfeasance, incompetence, or gross neglect of duty, such that the conduct cannot be attributed to any single member or members.", 63,63.090,"Resignations, Removals, and Vacancies",Removals,Definition of “neglect of duty” as used in KRS 63.100 to 63.160.,"As used in KRS 63.100 to 63.160, unless the context requires otherwise, “neglect of duty” includes the following things listed but does not exclude things not listed: (1) The commission of a trespass or wrongful act in the performance of official duty; (2) Accepting a bribe to neglect official duty; (3) Gross neglect equivalent to fraud; (4) Willful neglect and such forms of misfeasance or malfeasance as involve a failure in the performance of the duties required by law; (5) Careless or intentional failure to exercise due diligence in the performance of official duty; (6) Habitual drunkenness in office; or, (7) Gross immorality or misconduct in office amounting to neglect of duty.", 63,63.100,"Resignations, Removals, and Vacancies",Removals,Removal of peace officers for neglect — Charges — Notice.,"(1) A peace officer guilty of neglect of duty shall be removed from office in the manner prescribed by KRS 63.100 to 63.130. (2) The Governor shall sign written charges setting forth the grounds for removal of the officer. The charges, when considered collectively, must be supported by the affidavit of at least two (2) witnesses, but it shall not be necessary to support each separate count or individual charge embraced in the charges by two (2) affidavits. The affidavits must be filed by the Governor as a part of the record in the proceedings. The charges need not possess the formalities and exactness of an indictment. The charges shall be recorded in the Executive Journal and an attested copy thereof shall be made by the Secretary of State, and served upon the officer sought to be removed. No response shall be filed to the charges, but they shall stand traversed of record. (3) Notice must be given to the officer sought to be removed, stating the time and place of the hearing, and giving him at least twenty (20) days to prepare his defense.", 63,63.110,"Resignations, Removals, and Vacancies",Removals,Hearing — Order of removal.,"(1) The case shall be heard before the Governor on oral testimony or by depositions, as the Governor may direct. Testimony before the Governor shall be taken upon oath administered by the Governor or by a stenographer designated by him, and shall be taken down in shorthand notes and transcribed by the stenographer. All exhibits, depositions and the transcript of testimony taken before the Governor shall be filed in the office of the Secretary of State as a part of the record in the proceedings. The officer sought to be removed shall have the right to appear in person before the Governor and testify and be represented by counsel. The hearing need not be conducted under the forms of court procedure. (2) The Governor shall consider all the testimony offered by each side and make findings of fact, and if the Governor finds from the testimony that the officer is guilty of neglect of duty, he shall enter an order removing the officer from office. The order of removal, together with the findings of fact, shall be signed by the Governor and recorded in the Executive Journal.", 63,63.120,"Resignations, Removals, and Vacancies",Removals,Appeal to Court of Appeals.,"(1) Any peace officer removed from office under the provisions of KRS 63.110 may, within ten (10) days from the date of the entry of the order removing him, appeal to the Court of Appeals by obtaining from the Secretary of State a certified copy of all charges, findings of fact and orders entered in the proceedings against him and filing them with the clerk of the Court of Appeals, and entering a motion before the clerk for an appeal. The motion shall set forth the alleged errors of fact and law committed by the Governor. No response shall be filed to the motion. The Governor shall be made appellee in the appeal, and notice thereof shall be served upon the Governor immediately after the motion is filed with the clerk. If the Governor is out of his office or away from the seat of government, the notice shall be served on the Attorney General or one (1) of the assistants in his office. The Secretary of State shall, after the appeal has been filed, immediately deliver the original record to the clerk of the Court of Appeals, and append thereto a certificate showing that it is the entire record in the case on file. (2) The judgment of the court shall be final and shall be certified to the Secretary of State. If the order of removal entered by the Governor is affirmed it shall become effective immediately and the office held by the peace officer shall be deemed vacant. (3) The original papers in the case shall be returned to the Secretary of State after the case has been disposed of in the Court of Appeals.", 63,63.130,"Resignations, Removals, and Vacancies",Removals,Proceedings do not bar criminal action.,"The removal of an officer from office under the provisions of KRS 63.090 to 63.120 shall not be a bar to criminal prosecution for misfeasance, malfeasance, or willful neglect in discharge of official duties.", 63,63.140,"Resignations, Removals, and Vacancies",Removals,Removal of peace officer for losing custody of prisoner.,"If any prisoner or other person lawfully in custody is taken from a peace officer and lynched, killed, maimed or injured, it shall be prima facie evidence of neglect of duty on the part of the peace officer. When such neglect of duty, or such lynching or injury is made to appear to the Governor, he shall at once publish a proclamation declaring the office of the peace officer vacant, and at the same time mail a copy of the proclamation to the peace officer, whereupon the office shall be immediately vacated.", 63,63.150,"Resignations, Removals, and Vacancies",Removals,Vacancies — How filled.,"The county judge/executive shall at once fill the vacancy created by a removal under KRS 63.140, either for the remainder of the term or temporarily as the occasion may demand, as provided for by KRS 63.220. Until a vacancy in the office of sheriff or jailer is filled, the coroner shall act as sheriff, and the county clerk shall take charge of the jail.", 63,63.160,"Resignations, Removals, and Vacancies",Removals,Reinstatement by Governor.,"(1) Any peace officer removed from office pursuant to KRS 63.140 may, within ten (10) days thereafter, file with the Governor a petition for reinstatement. He shall give written notice of the filing of such petition to the county attorney of his county and the Commonwealth’s attorney of the district of which his county is a part, and the Governor shall give notice to the Attorney General. (2) The Governor shall hear the evidence, which may be oral or by deposition, and arguments presented. If the Governor is of the opinion that the peace officer did all in his power to protect the life and person of the prisoner, and did not neglect to perform his legal duty, the Governor shall order the immediate reinstatement of the removed peace officer. The order of the Governor shall be final, and should he fail to reinstate, his previous order removing shall also be final. (3) When a peace officer is reinstated under this section, his original fidelity bond shall continue in full force and effect.", 63,63.170,"Resignations, Removals, and Vacancies",Removals,Removal of peace officer or constable for violating KRS 61.310.,"Any “peace officer” as defined in KRS 61.310 or constable who violates any of the provisions of KRS 61.310(2), (4), or (5) may be removed from office by the same courts and in the same manner that a nonelective peace officer may be removed under the provisions of KRS 63.180.", 63,63.180,"Resignations, Removals, and Vacancies",Removals,Proceeding for removal of nonelective peace officer or deputy constable.,"(1) Any person serving as a nonelective peace officer, deputy peace officer, or deputy constable in violation of the provisions of KRS 61.300 shall be subject to removal. The Circuit Court of the county in which such person is serving and the Circuit Court of Franklin County shall have concurrent jurisdiction of all proceedings for the removal of any such person. The proceedings shall be in equity and the procedure shall be as set forth in subsections (2), (3) and (4) of this section. (2) The Commonwealth’s attorney of the judicial circuit or the county attorney of the county in which such person is serving, the Attorney General, or any three (3) or more citizens of said county may file a petition in equity setting forth the facts constituting a violation of the provisions of KRS 61.300. If instituted by the Commonwealth’s attorney, county attorney or Attorney General, the proceeding shall be in the name of the Commonwealth, and if instituted by three (3) or more citizens, it shall be in the name of such citizens as plaintiffs. A copy of the petition shall be served upon the person complained against, who shall have ten (10) days in which to answer. (3) Thereafter the proceeding shall be heard and determined by the court as a proceeding in equity. The court shall render a final judgment within sixty (60) days from the date the petition is filed, unless the court, for good cause shown, extends the time for the final hearing, but in no case shall it be extended beyond ninety (90) days from the date the petition is filed. (4) If it appears upon final hearing that any nonelective peace officer or deputy peace officer is disqualified under the provisions of KRS 61.300, the court shall enter a judgment forthwith removing the officer from office.", 63,63.190,"Resignations, Removals, and Vacancies",Vacancies,Vacancies filled by the Governor.,"In every case where there is no other provision of law for the filling of a vacancy in any office, the vacancy shall be filled by appointment by the Governor.", 63,63.200,"Resignations, Removals, and Vacancies",Vacancies,United States Senator — Procedures for filling of vacancy.,"(1) (a) The Governor shall fill vacancies in the office of United States Senator by appointment and the appointee shall serve until a successor has been elected and qualified under subsection (2), (3), (4), or (5) of this section. (b) The appointee shall be selected from a list of three (3) names submitted by the state executive committee of the same political party as the Senator who held the vacant seat to be filled, shall have been continuously registered as a member of that political party since December 31 of the preceding year, and shall be named within twenty-one (21) days from the date of the list submission (c) In the event the vacant seat was held by a person who was not a member of any political party as defined under KRS 118.015, the Governor shall appoint any qualified voter who is not a member of any political party as defined under KRS 118.015. (d) Upon appointment, the Governor shall, under the seal of the Commonwealth, certify the appointment to the President of the Senate of the United States. The certificate of appointment shall be countersigned by the Secretary of State. (2) If a vacancy occurs more than three (3) months before the election in any year in which any regular election is held in this state, the remainder of the unexpired term shall be filled as follows: (a) Candidates for the unexpired term shall file petitions of nomination no later than the fourth Tuesday in August before the date of the scheduled regular election; (b) Petitions shall meet the requirements established under KRS 118.315, except: 1. The signatures of no more than one thousand (1,000) petitioners shall be required; 2. The petition of nomination shall contain a selection where a candidate shall designate whether the political party affiliation, or lack of affiliation, shall be placed on the ballot with the name of the candidate; and 3. The designation made under subparagraph 2. of this paragraph shall not be changed following the filing of the nomination papers; (c) The order of the names on the ballot for the candidates to be voted for shall be determined by lot at a public drawing to be held in the office of the Secretary of State at 2 p.m., prevailing time, on the Thursday following the last Tuesday in August; (d) After the order of names has been determined under paragraph (c) of this subsection, the Secretary of State shall certify to the county clerks: 1. The name of each candidate; and 2. The party affiliation, or lack of affiliation, of the candidate if designated for inclusion on the ballot as provided in paragraph (b) of this subsection; (e) All candidates qualifying to be placed on the ballot shall be listed in a separate column or columns, or in a separate line or lines, and in a manner so that the casting of a vote for all of the candidates of a political party will not operate to cast a vote for any candidate for a vacancy in the United States Senate. The words “Vote for one” shall be printed in the appropriate location; (f) 1. No candidate shall be elected to fill a vacancy at any regular election held under this subsection unless the candidate receives a majority of the votes cast in the regular election; 2. If no candidate receives a majority of the votes cast, a runoff election shall be held between the candidates receiving the two (2) highest numbers of votes cast in the regular election; 3. If a runoff election is required as provided in this paragraph, it shall be held seventy (70) days after the date of the regular election at which the two (2) candidates were selected; and 4. The candidate receiving the highest number of votes cast in the runoff election to fill the vacancy shall be the candidate elected to fill the unexpired term of the office of United States Senator; (g) If a vacancy occurs in the nomination of a candidate eligible for the special election because of death, disqualification to hold the office sought, severe disabling condition, or withdrawal, the remaining candidate or candidates receiving the second highest number of votes shall be the second candidate or candidates in the special election; (h) The order of names on the ballot of the two (2) candidates to be voted for under paragraph (f) of this subsection shall be determined by lot at a public drawing to be held in the office of the Secretary of State at 2 p.m., prevailing time, on the Thursday following the certification by the State Board of Elections under KRS 118.425; (i) After the order of names has been determined, the Secretary of State shall give certification to the county clerks in accordance with paragraph (d) of this subsection; and (j) The successful candidate in the special election held for the purpose of filling the unexpired term in the office of United States Senator shall take office immediately as provided under subsection (9) of this section. (3) If a vacancy occurs less than three (3) months before the regular election in any year in which any regular election is held in this state, and if a regular election is scheduled in the succeeding year, the vacancy shall be filled by appointment under subsection (1) of this section, and the unexpired term shall be filled at the regular election in the succeeding year. (4) If a vacancy occurs less than three (3) months before the regular election in any year in which any regular election is held in this state, but no regular election is scheduled in the succeeding year, or if a vacancy occurs during any year in which no regular election is scheduled, the Governor shall issue a writ of election. The writ of election shall: (a) Be signed by the Governor; (b) Be issued within thirty (30) days of the occurrence of the vacancy; (c) Set the date of the special election which shall be held no sooner than sixty (60) days, and no later than ninety (90) days, following the issuance of the writ; and (d) Be directed to the sheriffs as required under KRS 118.740. (5) (a) Candidates in any special election held under this section shall file petitions of nomination no later than forty-nine (49) days before the date of the election. (b) Petitions shall meet the requirements established under KRS 118.315, except: 1. The signatures of no more than one thousand (1,000) petitioners shall be required; 2. The petition of nomination shall contain a selection where a candidate shall designate whether the political party affiliation, or lack of affiliation, shall be placed on the ballot with the name of the candidate; and 3. The designation made under subparagraph 2. of this paragraph shall not be changed following the filing of the nomination papers. (c) All candidates qualifying for the election shall be placed on the same ballot regardless of any candidate’s political party affiliation, or lack of affiliation. (d) The order of the names on the ballot for the candidates to be voted for shall be determined by lot at a public drawing to be held in the office of the Secretary of State at 2 p.m., prevailing time, no later than forty-seven (47) days before the day of the election. (e) After the order of names has been determined under paragraph (d) of this subsection, the Secretary of State shall certify to the county clerks: 1. The name of each candidate; and 2. The party affiliation, or lack of affiliation, of the candidate if designated for inclusion on the ballot as provided in paragraph (b) of this subsection. (6) (a) No candidate shall be elected to fill a vacancy at any special election held under subsection (5) of this section unless the candidate receives a majority of the votes cast in the special election. (b) If no candidate receives a majority of the votes cast, a special runoff election shall be held between the candidates receiving the two (2) highest numbers of votes cast in the special election. (c) If a special runoff election is required as provided in this subsection, it shall be held forty-nine (49) days after the date of the special election. (d) The candidate receiving the highest number of votes cast in the special runoff election to fill the vacancy shall be the candidate elected to fill the unexpired term of the office of United States Senator. (7) Any special election or special runoff election held under this section shall proceed in the manner prescribed in KRS 118.740 to 118.775, except as otherwise provided in this section. (8) After the returns for any election under this section have been canvassed and certified by the State Board of Elections, the Governor shall certify the election of the person elected in accordance with KRS 118.465. (9) Any person elected to fill an unexpired term in the office of United States Senator under this section shall take office immediately upon certification of the election results by the State Board of Elections and administration of the oath of office. (10) Notwithstanding any other statute to the contrary, if the unexpired term will end at the next succeeding regular election, the office shall be filled by appointment in accordance with subsection (1) of this section until the winner of the election takes office in January. (11) Notwithstanding the provisions of KRS 117.085 and any other statute to the contrary, ballots for any special election or special runoff election under this section shall be printed as soon as practicable following the certification by the Secretary of State under KRS 118.225.", 63,63.210,"Resignations, Removals, and Vacancies",Vacancies,County judge/executive — Notice of vacancy.,"When a vacancy occurs in the office of county judge/executive, the county clerk shall immediately notify the Governor of the vacancy.", 63,63.220,"Resignations, Removals, and Vacancies",Vacancies,Vacancies in county offices.,"(1) A vacancy in the office of sheriff, coroner, surveyor, county clerk, county attorney, jailer, or constable, shall be filled by the county judge/executive, or by the mayor in a consolidated local government. (2) Appointments to fill vacancies under this section shall be until the successor is elected, as provided in Section 152 of the Constitution, and qualified.", 63,63.990,"Resignations, Removals, and Vacancies",Penalties,Penalties.,Any peace officer removed from office under the provisions of KRS 63.090 to 63.160 and not reinstated shall be disqualified from holding any office in this state for a period of four (4) years., 64,64.005,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Clerk’s fee for filing bond or release on recognizance.,"(1) The clerks of the Supreme Court, the Court of Appeals, and the Circuit Courts shall collect a fee of twenty-five dollars ($25) for taking or filing any bond or release on recognizance. (2) Such fee shall be deposited in the general fund of the State Treasury.", 64,64.010,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Clerks’ fees. [Repealed.],, 64,64.011,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Fees of clerk of Court of Appeals and circuit clerks for attesting order book or court record. [Repealed.],, 64,64.012,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Fees of county clerks — Use of fees for recording real estate mortgages — Reimbursement of clerk — Handling of fee.,"The county clerk shall receive for the following services the following fees: (1) The county clerk shall receive for the following services the following fees: (a) 1. Recording and indexing of a: a. Deed of trust or assignment for the benefit of creditors; b. Deed; c. Deed of assignment; d. File-stamped copy of documents set forth in KRS 14A.2-040(1) or (2) that have been filed first with the Secretary of State; e. Real estate option; f. Power of attorney; g. Revocation of power of attorney; h. Lease which is recordable by law; i. Deed of release of a mortgage or lien under KRS 382.360; j. United States lien; k. Release of a United States lien; l. Release of any recorded encumbrance other than state liens; m. Lis pendens notice concerning proceedings in bankruptcy; n. Lis pendens notice; o. Mechanic’s and artisan’s lien under KRS Chapter 376; p. Assumed name; q. Notice of lien issued by the Internal Revenue Service; r. Notice of lien discharge issued by the Internal Revenue Service; s. Original, assignment, amendment, or continuation financing statement; t. Making a record for the establishment of a city, recording the plan or plat thereof, and all other service incident; u. Survey of a city, or any part thereof, or any addition to or extensions of the boundary of a city; v. Recording with statutory authority for which no specific fee is set, except a military discharge; w. Will or other probate document pursuant to KRS Chapter 392 or 394; x. Court ordered name change pursuant to KRS Chapter 401; y. Land use restriction according to KRS 100.3681; and z. Filing with statutory authority for which no specific fee is set. For all items in this subsection if the entire thereof does not exceed five (5) pages  . . . . . $33.00 And, for all items in this subsection exceeding five (5) pages, for each additional page  . . . . . $3.00 And, for all items in this subsection for each additional reference relating to same instrument  . . . . . $4.00 2. The thirty-three dollar ($33) fee imposed by this subsection shall be divided as follows: a. Twenty-seven dollars ($27) shall be retained by the county clerk; and b. Six dollars ($6) shall be paid to the affordable housing trust fund established in KRS 198A.710 and shall be remitted by the county clerk within ten (10) days following the end of the quarter in which the fee was received. Each remittance to the affordable housing trust fund shall be accompanied by a summary report on a form prescribed by the Kentucky Housing Corporation. (b) For noting a security interest on a certificate of title pursuant to KRS Chapter 186A  . . . . . $12.00 (c) For filing the release of collateral under a financing statement and noting same upon the face of the title pursuant to KRS Chapter 186 or 186A  . . . . . $5.00 (d) Filing or recording state tax or other state liens  . . . . . $5.00 (e) Filing release of a state tax or other state lien  . . . . . $5.00 (f) Acknowledging or notarizing any deed, mortgage, power of attorney, or other written instrument required by law for recording and certifying same  . . . . . $5.00 (g) Recording plats, maps, and surveys, not exceeding 24 inches by 36 inches, per page  . . . . . $40.00 (h) Recording a bond, for each bond  . . . . . $10.00 (i) Each bond required to be taken or prepared by the clerk  . . . . . $4.00 (j) Copy of any bond when ordered  . . . . . $3.00 (k) Administering an oath and certificate thereof  . . . . . $5.00 (l) Issuing a license for which no other fee is fixed by law  . . . . . $8.00 (m) Issuing a solicitor’s license  . . . . . $15.00 (n) Marriage license, indexing, recording, and issuing certificate thereof  . . . . . $26.50 (o) Every order concerning the establishment, changing, closing, or discontinuing of roads, to be paid out of the county levy when the road is established, changed, closed, or discontinued, and by the applicant when it is not  . . . . . $3.00 (p) Registration of licenses for professional persons required to register with the county clerk  . . . . . $10.00 (q) Certified copy of any record  . . . . . $5.00 Plus fifty cents ($.50) per page after three (3) pages (r) Filing certification required by KRS 65.070(2)(a) . . . . . $5.00 (s) Filing notification and declaration and petition of candidates for Commonwealth’s attorney  . . . . . $200.00 (t) Filing notification and declaration and petition of candidates for county and independent boards of education  . . . . . $20.00 (u) Filing notification and declaration and petition of candidates for boards of soil and water conservation districts  . . . . . $20.00 (v) Filing notification and declaration and petition of candidates for other office  . . . . . $50.00 (w) Filing declaration of intent to be a write-in candidate for office  . . . . . $50.00 (x) Filing petitions for elections, other than nominating petitions  . . . . . $50.00 (y) Notarizing any signature, per signature  . . . . . $2.00 (z) Filing bond for receiving bodies under KRS 311.310 . . . . . $10.00 (aa) Noting the assignment of a certificate of delinquency and recording and indexing the encumbrance under KRS 134.126 or 134.127 . . . . . $27.00 (ab) Filing a going-out-of-business permit under KRS 365.445 . . . . . $50.00 (ac) Filing a renewal of a going-out-of-business permit under KRS 365.445 . . . . . $50.00 (ad) Filing and processing a transient merchant permit under KRS 365.680 . . . . . $25.00 (ae) Recording and indexing a real estate mortgage: 1. For a mortgage that does not exceed thirty (30) pages  . . . . . $63.00 2. And, for a mortgage that exceeds thirty (30) pages, for each additional page  . . . . . $3.00 (af) Filing or recording a lien or release of lien by a consolidated local government, urban-county government, unified local government, or city of any class  . . . . . $20.00 (2) The sixty-three dollar ($63) fee imposed by subsection (1)(ae) of this section shall be divided as follows: (a) Fifty-seven dollars ($57) shall be retained by the county clerk; and (b) Six dollars ($6) shall be paid to the affordable housing trust fund established in KRS 198A.710 and shall be remitted by the county clerk within ten (10) days following the end of the quarter in which the fee was received. Each remittance to the affordable housing trust fund shall be accompanied by a summary report on a form prescribed by the Kentucky Housing Corporation. (3) (a) For services related to the permanent storage of records listed in paragraphs (a), (g), (n), and (ae) of subsection (1) of this section, the clerk shall be entitled to receive a reimbursement of ten dollars ($10). (b) This fee shall: 1. Not be paid annually to the fiscal court under KRS 64.152; 2. Not be paid to the Finance and Administration Cabinet under KRS 64.345; 3. Be accumulated and transferred to the fiscal court or the legislative body of a consolidated local government or an urban-county government on a monthly basis within ten (10) days following the end of the month; 4. Be maintained by the fiscal court or the legislative body of a consolidated local government or an urban-county government in a separate bank account and accounted for in a separate fund; and 5. Not lapse to the general fund of the county, consolidated local government, or urban-county government. (c) The moneys accumulated from this fee shall be held in perpetuity by the fiscal court or the legislative body of a consolidated local government or an urban-county government for the county clerk’s exclusive use for: 1. Equipment related to the permanent storage of and access to records, including deed books, binders, shelves, microfilm equipment, and fireproof equipment; 2. Hardware for the permanent storage of and access to records, including computers, servers, and scanners; 3. Software for the permanent storage of and access to records, including vendor services and consumer subscription fees; 4. Personnel costs for the permanent storage of and access to records, including overtime costs for personnel involved in the digitization of records; and 5. Cloud storage and cybersecurity services for the permanent storage of and access to records. (d) Notwithstanding KRS 68.275, claims by a county clerk that are for the approved expenditures in paragraph (c) of this subsection shall be paid by the county judge/executive or the chief executive officer of a consolidated local government or an urban-county government by a warrant drawn on the fund and co-signed by the treasurer of the county, consolidated local government, or urban-county government. (e) No later than July 1 of each year, each county fiscal court or legislative body of a consolidated local government or an urban-county government shall submit a report to the Legislative Research Commission detailing the receipts, expenditures, and any amounts remaining in the fund.", 64,64.015,Fees and Compensation of Public Officers and Employees,Fees and Compensation,"Fees of county clerks for taking acknowledgments, certifying, and recording deeds for state or county road systems.","(1) County clerks shall be paid out of the state road fund the fees provided for in KRS 64.012, for taking acknowledgments, certifying, and recording deeds conveying right-of-way to be used in the state road system. (2) County clerks shall be paid by the fiscal court the fees provided for in KRS 64.012, for taking acknowledgments, certifying, and recording deeds conveying right-of-way to be used in the county road system.", 64,64.017,Fees and Compensation of Public Officers and Employees,Fees and Compensation,County clerk’s expense allowance.,"(1) The county clerk of any county shall receive a maximum annual expense allowance of $3,600 to be paid from the fees collected by the clerk. In counties of less than 75,000 population, the expense allowance shall be taken in monthly installments of $300 from fees collected on a calendar year basis. In counties of 75,000 or more population, the allowance shall be paid in semimonthly installments of $150 according to the procedures found in KRS 64.345(4). The expense allowance provided by this section shall be in addition to other lawful expense payments. (2) If the amount of fees collected will not fund the full amount of the annual expense allowance, then the county clerk shall receive the excess of such fees after all other lawful expenses and salaries have been paid. The fiscal court of any county may pay that portion of the maximum annual expense allowance for which no excess fees are available.", 64,64.018,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Advancement to county clerk — Conditions — Administrative regulations.,"(1) (a) A county clerk in a county containing a population of less than seventy thousand (70,000) may be entitled to receive an advancement to: 1. Defray necessary official expenses; and 2. Supplement the payment of the salaries of the county clerk or the county clerk’s deputies and assistants. (b) 1. The secretary of the Finance and Administration Cabinet shall, on the first day of each calendar month, determine the necessary amount that may be advanced to the county clerk. 2. The advance shall be the lesser of: a. One-twelfth (1/12) of the total fees collected by the county clerk for the preceding year; or b. Sixty thousand ($60,000) dollars per month. (c) When approved by the secretary of the Finance and Administration Cabinet, a warrant shall be drawn on the State Treasury in favor of the county clerk for such advancement. (d) Funds advanced under this section shall be repaid by the county clerk to whom the funds were advanced no later than the close of the calendar year in which the funds were advanced. If the funds are not timely repaid, then the county clerk in his or her official capacity or the surety for the county clerk shall be liable to the Commonwealth. (2) If a county clerk makes a request for funds from the State Treasury to defray necessary official expenses, the county clerk shall not be required to submit a detailed statement of his or her personal assets and liabilities as a condition of the application process. (3) The Finance and Administration Cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A as necessary to implement the provisions of this section.", 64,64.019,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Procedures for obtaining copies of records under control of county clerk — Per-page fee.,"Notwithstanding any other provision of the Kentucky Revised Statutes: (1) A county clerk may establish procedures for obtaining copies of records under his or her control, including restricting the use of devices including but not limited to scanners, cameras, computers, personal copiers, or other devices that may be used by an individual seeking a copy of a document maintained by the clerk, but a clerk shall not restrict the ability of any person to make handwritten notes regarding documents and records maintained by the clerk. (2) (a) Unless the provisions of paragraph (b) of this subsection apply, the county clerk shall collect a per-page fee, not to exceed fifty cents ($0.50) per page, for providing legal size or smaller paper copies of records or documents maintained by the clerk. (b) If a higher fee for copying a document or record is specifically established by statute, the provisions of that statute shall prevail over the provisions of this subsection.", 64,64.020,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Circuit clerks. [Repealed.],, 64,64.030,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Advance fees of circuit clerk. [Repealed.],, 64,64.035,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Fees of clerks of county and quarterly courts in certain counties containing a city of the second class. [Repealed.],, 64,64.040,Fees and Compensation of Public Officers and Employees,Fees and Compensation,"Circuit and county clerks in counties of 75,000 population or over. [Repealed.]",, 64,64.050,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Collection of fees and payment after leaving office.,"(1) When the term of any county clerk in counties of seventy-five thousand (75,000) population or over expires, or he dies or resigns, or is removed from office, he or his personal representative, trustee, or committee, as the case may be, shall at once deliver to his successor in office all accounts, claims, and fees due him in his official capacity. The successor shall have the fees, claims, and accounts collected, or the Department for Local Government may, in its discretion, when said accounts, fees, and claims are so delivered to the successor, appoint a person to collect them. If a collector is appointed, the successor shall at once, or when demanded by the collector, deliver to him all accounts, fees, and claims uncollected. The successor or collector, as the case may be, shall, every sixty (60) days after receiving the accounts, fees, and claims, report to the Department for Local Government, under oath, the amount collected thereon, and at the same time pay to the Department for Local Government the amount so collected, and shall continue to so report for three (3) years, unless the accounts, fees, and claims are sooner collected. (2) The Department for Local Government shall, upon each payment, draw a warrant on the State Treasurer in favor of the person collecting, for an amount equal to twenty percent (20%) of the amount so paid in, which shall be the full compensation allowed for the collection. (3) If the amount paid to any clerk during his term or incumbency was not sufficient to pay the salaries and office expenses of the clerk, the Department for Local Government shall, out of the money collected and paid in as provided in subsection (1) of this section, pay to the clerk, or to the person entitled to receive the same, an amount sufficient to supply the deficit due for salaries and expenses, not exceeding seventy-five percent (75%) of the amount of fees accrued during his official term and which have been collected and paid to the Department for Local Government.", 64,64.055,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Salary for circuit clerks — Adjustment for changes in consumer price index — Limits. [Repealed.],, 64,64.056,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Manner of setting compensation of clerks of the Circuit Court — Salary increases.,Compensation of clerks of the Circuit Court shall be set in accordance with the judicial personnel system. The Chief Justice shall include anticipated salary increases for clerks of the Circuit Court in the judicial branch budget recommendation. The increases may be limited by the General Assembly in the judicial branch budget bill., 64,64.057,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Annual salary increments for deputy circuit clerks.,"Deputy circuit clerks may receive annual salary increments for each year’s services, subject to determination by the Supreme Court.", 64,64.058,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Expense account for circuit clerks.,"Each Circuit Court clerk shall receive an annual expense allowance of three thousand six hundred dollars ($3,600) per year. A lump-sum payment shall be made by the Administrative Office of the Courts to each Circuit Court clerk in the first month of each quarter as of July, 1984, in the amount of nine hundred dollars ($900) per quarter. The allowance shall be in addition to reimbursement for official travel and the regular compensation provided for by KRS 64.056.", 64,64.060,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Peace officers generally.,"(1) Sheriffs, constables granted peace officer powers, coroners, marshals, and policemen shall be paid out of the State Treasury for the following services the following fees: (a) Apprehending a person on charge of felony, or a fugitive from justice charged with a felony in this state  . . . . .  $10.00 (b) Executing a process of contempt in a criminal case when the court excuses the contempt  . . . . .  $1.60 (c) Executing a summons upon a witness in behalf of the Commonwealth in a felony case  . . . . .  $3.00 (d) Summoning a jury, on order of a court, in a county other than that in which the action is pending, a reasonable allowance to be fixed by the court. (e) Summoning and attending a jury in a case of felony  . . . . .  $2.50 (2) No claim for services incidental to examining courts shall be allowed to any sheriff, deputy sheriff, constable, marshal, policeman, or other officer authorized to execute process in felony cases until the grand jury has returned an indictment for a felony. (3) Constables and deputy constables authorized to exercise the powers of a peace officer under KRS 70.325(2) shall be entitled to the fees provided under subsection (1) of this section and shall be subject to the requirements of subsection (2) of this section.", 64,64.070,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Officers conveying prisoners.,"(1) (a) Except as provided in KRS 441.540, an officer conveying a prisoner to the penitentiary shall be paid out of the State Treasury the rate per mile paid state employees for official travel in privately-owned vehicles, as established by administrative regulation of the Finance and Administration Cabinet, pursuant to KRS Chapter 13A, to be calculated by the nearest traveled route, and shall be paid all actual necessary expenses for feeding, lodging and transporting the prisoner; (b) Upon the production of the receipt of the warden of the penitentiary for the delivery of a prisoner, and a complete verified account of all expenses incurred, giving the names of the guards employed and distance traveled, the Finance and Administration Cabinet shall audit the account of the officer for conveying the prisoner and, if found correct, draw a warrant for its payment. (2) (a) For conveying a prisoner charged with a felony from one (1) county to another, an officer shall receive the same mileage and expenses allowed for conveying a prisoner to the penitentiary, to be paid out of the State Treasury except as provided in KRS 441.530; (b) Upon the production of the receipt of the jailer of the county to which the prisoner is transferred, and a complete verified account of all expenses incurred, giving the names of the guards employed and the distance traveled, the Finance and Administration Cabinet shall audit the account of the officer for conveying the prisoner and if found correct shall draw a warrant for its payment. (3) (a) For arresting a person charged with a misdemeanor upon a warrant issued from another county, and conveying the person to the county jail of the county from which the warrant issued, an officer shall be paid out of the county treasury of the county from which the warrant was issued the same mileage and expenses allowed for conveying a prisoner to the penitentiary; (b) The officer shall present to the county judge/executive of the county from which the warrant issued a verified and itemized statement of his mileage and expenses and the county judge/executive shall direct the county treasurer to pay the same out of the county treasury. (4) For conveying a prisoner charged with a felony to the jail of the county in which he was arrested, an officer shall be paid out of the State Treasury the rate per mile paid state employees for official travel in privately-owned vehicles, as established by administrative regulation of the Finance and Administration Cabinet, adopted pursuant to KRS Chapter 13A, for each mile traveled in going and returning. (5) The number of guards employed in conveying prisoners to the penitentiary or from one (1) county to another shall not exceed one (1) for every two (2) prisoners. Where only one (1) prisoner is conveyed no guard shall be employed, except that the Circuit Judge may appoint one (1) guard for each prisoner to the nearest railroad station.", 64,64.080,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Advance fees for execution of process.,"Unless a party has established his right to prosecute or defend as a poor person under KRS 453.190, or unless the party is the Commonwealth, a county, city, or any agency thereof, no officer shall be required to execute any process in a civil case on behalf of a party until the party has deposited with the clerk of the court from which the process issued a sum, not exceeding five dollars ($5), sufficient to pay the fees for executing all process on behalf of that party in the case. Upon filing due return showing service the officer shall be paid his proper fee by the clerk. Any portion of the deposit not used to pay fees for process actually executed shall be returned to the party who paid it. If the process is sent to the officer from another county, he shall not be required to execute it unless it is accompanied by the fee or a certificate from the clerk that there is a sufficient sum on deposit to pay the fee.", 64,64.090,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Fees charged by sheriffs.,"(1) Sheriffs may charge and collect the following fees from the Commonwealth and any of its agencies, including the Department of Kentucky State Police, when the source of payment is not otherwise specified, if the Commonwealth, any of its agencies, or the Department of Kentucky State Police makes a request that the sheriff perform any of the following: (a) Executing and returning process  . . . . . $20.00; (b) Serving an order of court and return  . . . . . 3.00; (c) Summoning or subpoenaing each witness, fee to be paid by requester to sheriff before service  . . . . . 10.00; (d) Summoning an appraiser or reviewer  . . . . . 2.00; (e) Attending a surveyor, when ordered by a court, per deputy or sheriff assigned  . . . . . 20.00; (f) Taking any bond that he is authorized or required to take in any action  . . . . . 5.00; (g) Collecting money under execution or distress warrant, if the debt is paid or the property sold, or a delivery bond given and not complied with, six percent (6%) on the first three hundred dollars ($300) and three percent (3%) on the residue; when he or she levies an execution or distress warrant, and the defendant replevies the debt, or the writ is stayed by legal proceedings or by the order of the plaintiff, half of the above commissions, to be charged to the plaintiff and collected as costs in the case; (h) Taking a recognizance of a witness  . . . . . 3.00; (i) Levying an attachment  . . . . . 5.00; (j) When property attached is sold by an officer other than the officer levying the attachment, the court shall, in the judgment, make the officer an additional and reasonable allowance for levying the attachment, and the fee of the officer selling the property shall be lessened by that sum. Reasonable charges for removing and taking care of attached property shall be allowed by order of court; (k) Summoning a garnishee  . . . . . 3.00; (l) Summoning a jury in a misdemeanor case, attending the trial, and conducting the defendant to jail, to be paid by the party convicted  . . . . . 8.00; (m) Serving process or arresting the party in misdemeanor cases, to be paid by the plaintiff  . . . . . 30.00; (n) Serving an order or process of revivor  . . . . . 3.00; (o) Executing a writ of possession against each tenant or defendant  . . . . . 7.00; (p) Executing a capias ad satisfaciendum, the same commission as collecting money on execution. If the debt is not paid, but stayed or secured, half commission; (q) Summoning and attending a jury in a case of forcible entry and detainer, besides fees for summoning witnesses  . . . . . 8.00; (r) Collecting militia fines and fee-bills, ten percent (10%), to be deducted out of the fee-bill or fine; (s) Levying for a fee-bill  . . . . . 3.00; (t) Serving a notice  . . . . . 2.00; (u) Serving summons, warrants or process of arrest in cases of children born out of wedlock  . . . . . 6.00; (v) Serving a civil summons in a nonsupport case  . . . . . 10.00; (w) Serving each order appointing surveyors of roads, to be paid out of the county levy  . . . . . 5.00; (x) Serving each summons or order of court in applications concerning roads, to be paid out of the county levy if the road is established, and in all other cases to be paid by the applicant  . . . . . 5.00; (y) Like services in cases of private passways to be paid by the applicant  . . . . . 5.00; (z) Executing each writ of habeas corpus, to be paid by the petitioner  . . . . . 3.00; (aa) All services under a writ issued under KRS 381.460 to 381.570 . . . . . 10.00; (bb) Fingerprinting persons for professional, trade, or commercial purposes, or for personal use, per set of impressions  . . . . . 10.00; (cc) Taking or copying photographs for professional, trade, or commercial purposes, or for personal use, per photograph  . . . . . 5.00; and (dd) For services in summoning grand and petit jurors and performing his or her duties under KRS Chapter 29A the sheriff shall be allowed, for each person so summoned, and paid out of the State Treasury for constructive service the sum of $1.50 and for personal service the sum of $3.00. (2) Sheriffs shall charge and collect a fee of sixty dollars ($60) from any person not requesting the service of the sheriff on behalf of the Commonwealth, any of its agencies, or the Department of Kentucky State Police for the services provided in subsection (1) of this section where a percentage, commission, or reasonable fee is not otherwise allowed. If a percentage, commission, or reasonable fee is allowed, that amount shall be paid. If payment is specified from a person other than the person who requested the service, then the person specified shall be responsible for payment. (3) Sheriffs may charge and collect a fee of twenty-five dollars ($25) for the handling of an impounded vehicle and a fee of twenty-five dollars ($25) per day for the storage of an impounded vehicle.", 64,64.091,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Assessment by the fiscal court of additional fees on sheriff’s service of subpoenas and civil summonses.,"(1) A fiscal court, by ordinance, may assess additional fees on subpoena and civil summons service by the local sheriff for the purpose of paying expenses for courthouses, bonds related to them, and administration expenses of courthouses. The fees may be added as follows: (a) In addition to the fees normally charged for the service of a subpoena, the person requesting service may be charged a fee of ten dollars ($10); and (b) In addition to the fees normally charged for the service of a civil summons, the person requesting service may be charged a fee of ten dollars ($10). (2) Nothing in this section shall change any other fee allocation allowed by statute.", 64,64.092,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Compensation of sheriffs and other law enforcement officers or agencies for attending court and providing security services — Rates.,"Compensation of sheriffs and other law enforcement officers or agencies for attending court shall be as follows: (1) Compensation shall be provided only for the actual time for which the sheriff or other officer is ordered to be physically present in the courtroom or is ordered to be physically present to discharge a duty ordered by the Chief Circuit Judge, Chief District Judge, or Judge of the Court of Appeals, as appropriate. (2) Compensation shall not be provided for more than one (1) sheriff or other officer per courtroom unless the need for additional personnel is certified in writing by the Chief Circuit Judge, Chief District Judge, or Judge of the Court of Appeals, as appropriate, and the utilization of additional personnel is approved by the Chief Justice, or his designee. In the event of an emergency of such nature precluding contacting the Chief Justice or his designee, the Chief Circuit Judge, Chief District Judge, or Judge of the Court of Appeals may authorize such assignment of additional personnel for a period not to exceed twenty-four (24) hours. (3) Where a single sheriff or other law enforcement officer serves more than one (1) court or courtroom during a single day, he shall be paid as if he had served only one (1) courtroom during that day. Dual compensation for service during a single day shall not be permitted. (4) Time, for compensation purposes, shall be computed as the actual time spent in the courtroom pursuant to court direction or order and the actual time spent in other service to the court as directed or ordered by the appropriate judge. (5) Time spent in court service by a sheriff or other law enforcement officer shall be certified by the judge of the court which the officer attended and by the Chief Judge of the Circuit Court, if the service was to the Circuit Court, or by the Chief Judge of the District Court, if the service was to the District Court. (6) The sheriff or other law enforcement officer serving a Circuit or District Court shall be compensated at the rate of eight dollars ($8) per hour of service. If service is for a part of an hour, then compensation for such service shall be prorated for the actual number of minutes’ service within a given hour. (7) The sheriff shall receive the disbursements provided for in KRS 42.320(2)(i) to help defray the cost of providing security services and related activities to the court. The moneys received by the sheriff under this subsection are authorized official expenses to be considered operating expenses of the sheriff’s office and shall not be considered as part of his compensation.", 64,64.095,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Mileage allowance to officers serving papers. [Repealed.],, 64,64.100,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Record of sheriffs’ fees.,"Each sheriff shall keep an accurate account of all fees collected by him from all sources. The clerk issuing process in a civil case shall keep an accurate account of all fees paid to the sheriff for the execution thereof, and report the amount to the fiscal court, which shall record it for the purpose of determining the amount of the sheriff’s annual income.", 64,64.110,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Account and receipt to be given before distraint.,"Every sheriff shall, upon request, deliver to the person from whom fees are demanded, or to his agent, an account stating distinctly every item of the demand, and offer to give a receipt for the same, before he may make distress therefor.", 64,64.120,Fees and Compensation of Public Officers and Employees,Fees and Compensation,"Sheriffs in certain counties containing second-class city and of less than 75,000 population. [Repealed.]",, 64,64.121,Fees and Compensation of Public Officers and Employees,Fees and Compensation,"Salaries and other necessary expenses of sheriff and deputies to be paid on the sheriff’s death or incapacity in counties with population less than 70,000 — Applicability of KRS 64.368 if population decreases below 70,000.","(1) “Incapacity” means a condition under which a sheriff or his or her personal representative may apply to the Circuit or District Judge that presides over the sheriff’s county for an order to determine that the sheriff is physically or mentally unable to discharge the duties of his or her office. The application to the Circuit or District Judge shall include and be supported by an affidavit by the sheriff’s physician documenting the sheriff’s incapacitating condition. (2) If a sheriff in a county containing a population of less than seventy thousand (70,000) dies or is incapacitated during his or her term of office, the fiscal court of that county shall on or before the first day of March of the year following the death or date of incapacity of the sheriff pay to the sheriff or to the personal representative of the sheriff sufficient money to reimburse the sheriff or his or her estate for the salaries of his deputies and assistants and other necessary expenses of his or her office that were paid by the sheriff during the year of his or her death or incapacity. Additionally, for each month that the sheriff or his or her personal representative performed the duties of sheriff during the year of his or her death or incapacity, the fiscal court shall pay to the sheriff or to the sheriff’s personal representative a sum of money equal to one-twelfth (1/12) of the total salary received by the county’s sheriff in the year prior to the year of the death or incapacity. The sheriff’s salary and all fees and commissions paid to the sheriff during the year of his or her death or incapacity shall be deducted from the amount that the sheriff or his or her personal representative is to receive by this section. (3) If a county’s population that equaled or exceeded seventy thousand (70,000) is less than seventy thousand (70,000) after the most recent federal decennial census, then the provisions of KRS 64.368 shall apply.", 64,64.125,Fees and Compensation of Public Officers and Employees,Fees and Compensation,"Sheriffs in certain counties containing second-class city, population between 70,000 and 75,000, and valuation less than $100,000,000. [Repealed.]",, 64,64.130,Fees and Compensation of Public Officers and Employees,Fees and Compensation,"Sheriffs in counties of 75,000 population or over. [Repealed.]",, 64,64.140,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Advancement to sheriffs for expenses.,"(1) Any sheriff may be entitled to receive an advancement to defray necessary official expenses and to apply to the payment of the salaries of the sheriff or the sheriff’s deputies and assistants. The secretary of the Finance and Administration Cabinet shall, on the first day of each calendar month, determine the necessary amount that may be advanced to the sheriff, which amount shall not exceed one-twelfth (1/12) of the total fees collected by the sheriff for the preceding year and may be for a less amount, and in no event shall it exceed sixty thousand ($60,000) dollars per month. When approved by the secretary of the Finance and Administration Cabinet, a warrant shall be drawn on the State Treasury in favor of the sheriff for such advancement. At the end of each calendar year the sum of such advancements shall be deducted from the part of the total of fees and commissions paid into the State Treasury by the sheriff, pursuant to Section 106 of the Constitution of Kentucky, that is available for use for the payment of the salaries of the sheriff, the sheriff’s deputies and assistants, and necessary office expenses. (2) If the office of sheriff becomes vacant, the sums advanced under this section shall be charged against that part of the fees and the commissions of the office of the sheriff that have been, or shall be, paid into the State Treasury during the calendar year in which the advancements were made, and that is available for payment of the salaries of the sheriff, the sheriff’s deputies and assistants, and necessary expenses of the office. (3) If the total of fees and commissions paid into the State Treasury by the sheriff for any calendar year is insufficient to match the amount of advancements made to the sheriff, his or her sureties and the sheriff in his or her official capacity shall be liable to the state for any excess of advancements over the total of fees and commissions paid into the State Treasury. (4) If a sheriff makes a request for funds from the State Treasury to defray necessary official expenses, the sheriff shall not be required to submit a detailed statement of his or her personal assets and liabilities as a condition of the application process.", 64,64.150,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Jailers’ fees. [Repealed.],, 64,64.152,Fees and Compensation of Public Officers and Employees,Fees and Compensation,"County clerk’s settlement with fiscal court for excess fees in counties of less than 75,000.","(1) In counties containing a population of less than seventy-five thousand (75,000), the county clerk shall provide to the fiscal court by March 15 of each year a complete statement for the preceding calendar year of all funds received by his office in an official capacity or for official services, and of all expenditures of his office, including his salary, compensation of deputies and assistants, and reasonable expenses. (2) At the time of filing the statement required by subsection (1) of this section, the clerk shall pay to the fiscal court any income of his office, including income from investments, which exceeds the sum of his maximum salary as permitted by the Constitution and other reasonable expenses, including compensation of deputies and assistants. The settlement for excess fees shall be subject to correction by audit conducted pursuant to KRS 43.070 or 64.810, and the provisions of this section shall not be construed to amend KRS 64.820. (3) When the county clerk vacates his office, the provisions of KRS 64.830 shall be applicable.", 64,64.160,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Jailers in certain counties containing second-class city. [Repealed.],, 64,64.170,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Crediting jailers. [Repealed.],, 64,64.180,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Coroners. [Repealed.],, 64,64.185,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Coroners and deputies — Compensation schedules — Continuing education — Expense allowance — Training requirements — Limitation on number of deputy coroners.,"(1) (a) Coroners shall receive out of the county, consolidated local government, charter county government, urban-county government, or unified local government treasury, whichever is appropriate, the monthly compensation the fiscal court of each county shall fix, subject to the following minimums: Click to view (b) Coroners who hold a current certificate of continuing education, issued jointly by the Department of Criminal Justice Training, Justice and Public Safety Cabinet, and the Office of the Kentucky State Medical Examiner, Justice and Public Safety Cabinet, and who have completed the course described in subsection (4)(b) of this section, shall be paid the following minimum monthly compensation set forth in this subsection in recognition of the training: Click to view (2) Deputy coroners who hold a current certificate of continuing education, as described in subsection (1)(b) of this section, and have completed the course described in subsection (4)(b) of this section, shall receive out of the county, consolidated local government, charter county government, urban-county government, or unified local government treasury, whichever is appropriate, the monthly compensation the fiscal court of each county shall fix, subject to the following minimums: Click to view (3) The fiscal court of any county, or the legislative body of a consolidated local government, charter county government, urban-county government, or unified local government may compensate coroners and deputy coroners an additional amount of up to three hundred dollars ($300) per month as an expense allowance. (4) (a) The initial course of continuing education required under subsection (1)(b) of this section shall consist of a forty (40) hour basic training course prescribed by the Justice and Public Safety Cabinet. Annually thereafter the coroner shall attend and successfully complete at least eighteen (18) hours of approved training in order to be compensated in accordance with subsection (1)(b) of this section. (b) Within three (3) years of initially assuming office, in order to be compensated in accordance with subsections (1)(b) and (2) of this section, a coroner or deputy coroner shall attend and complete a course of at least four (4) hours provided by the Department of Criminal Justice Training that shall include instruction on the grieving process and best practices for providing a notice of death to a spouse or next of kin and may include instruction on other similar topics. A coroner or deputy coroner that has completed the course shall not be required to retake the course. (5) If a deputy coroner assumes the office of coroner after receiving the training stipulated in this section, the deputy coroner shall be compensated in accordance with the compensation schedule set forth in subsection (1)(b) of this section. (6) The number of deputy coroners in a county shall not exceed one (1) for each twenty-five thousand (25,000) inhabitants, or fraction thereof, according to the most recent federal census, but every coroner may, subject to the approval of the legislative body of the county, consolidated local government, charter county government, urban-county government, or unified local government, appoint additional deputy coroners, regardless of population.", 64,64.190,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Constables.,"Constables may collect for the performance of the following services the following fees, as long as such services are provided in accordance with other applicable laws: Click to view Any other services a constable is authorized by law to perform, the same fees allowed sheriffs for similar services.", 64,64.200,Fees and Compensation of Public Officers and Employees,Fees and Compensation,"Constables in counties of over 250,000 population not containing an urban-county government or a consolidated local government.","(1) In counties containing a population of over 250,000, excluding urban-county governments or consolidated local governments, for the performance of the duties of his office, each constable shall be exclusively compensated by a salary of nine thousand six hundred dollars ($9,600) per annum to be paid in equal monthly installments out of the county treasury. (2) Each constable and deputy constable, if deputy constables have been authorized under KRS 70.320, shall daily deliver or cause to be delivered to the recorder for the justice’s district in which he holds office all moneys received or collected by him by virtue of his office, or the recorder may receive such moneys for the officer, and in either event the recorder shall daily issue to each officer a receipt for moneys received from or for him. Each recorder shall keep such records of each daily transaction, in such manner and form, and showing such information, as the fiscal court of the county requires. (3) All moneys received or collected on account of or resulting from the performance of the duties or the exercise of the powers incident to the offices of constable and deputy constable, if deputy constables have been authorized under KRS 70.320, shall be paid into the county treasury. (4) Before the tenth day of each calendar month the recorder for each justice’s district shall prepare a sworn statement showing the correct amounts of money received or collected during the next preceding calendar month from the administration of the offices of constable and deputy constable, if deputy constables have been authorized under KRS 70.320. The statement shall be in the form and shall disclose the information required by the fiscal court. Each monthly statement, and as many copies thereof as the fiscal court may require, shall be subscribed and sworn to by the recorder. On or before the tenth day of each calendar month each recorder shall deliver one (1) or more copies of the monthly statement to the fiscal court, or such person as the fiscal court designates, and at the same time deliver by certified check, payable to the order of the county treasurer, the total sum of money received by the recorder under the provisions of this section during the next preceding calendar month. During the interims between such monthly statements each recorder shall safely preserve the funds coming into his hands by virtue of this section in a bank designated by the justice of the peace, which bank shall duly execute a depository bond in a sufficient amount to cover monthly balances.", 64,64.210,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Allowance to constables and deputies in counties containing first-class city.,Fiscal courts of counties containing a city of the first class shall authorize the payment of two hundred dollars ($200) per month out of the county treasury to constables and deputy constables using their own automobile in the performance of their official duties., 64,64.220,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Officers holding examining courts. [Repealed.],, 64,64.230,Fees and Compensation of Public Officers and Employees,Fees and Compensation,County judges. [Repealed.],, 64,64.240,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Police judges and justices of the peace. [Repealed.],, 64,64.250,Fees and Compensation of Public Officers and Employees,Fees and Compensation,"Justices of the peace in counties of over 250,000 population not containing a consolidated local government.","(1) Except for a county containing a consolidated local government, in counties containing a population of over two hundred fifty thousand (250,000), each justice of the peace shall be exclusively compensated for the performance of the duties of his office by a salary to be determined by the fiscal court at a rate no less than nine thousand six hundred dollars ($9,600) per annum but no greater than twelve thousand dollars ($12,000) per annum, which shall be paid, in equal monthly installments, out of the county treasury. (2) The provisions of subsections (2), (3), and (4) of KRS 64.200 shall apply to justices of the peace in counties containing a population of over two hundred fifty thousand (250,000) except in a county containing a consolidated local government, the same as to constables, and the recorder shall perform the same duties and functions in regard to moneys collected by or for justices of the peace as they are required by KRS 64.200 to perform in regard to moneys collected by or for constables.", 64,64.255,Fees and Compensation of Public Officers and Employees,Fees and Compensation,"Justices of the peace in counties of less than 250,000 population — Compensation — Return of fees. [Repealed.]",, 64,64.257,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Justices of the peace in counties containing a city of the first class — Filing fees. [Repealed.],, 64,64.258,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Office expense assistance payments to justice of the peace. [Repealed.],, 64,64.260,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Commissioners and receivers. [Repealed.],, 64,64.262,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Fees of master commissioners and receivers. [Repealed.],, 64,64.265,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Master commissioner for court of continuous session may be paid salary in addition to fees. [Repealed.],, 64,64.270,Fees and Compensation of Public Officers and Employees,Fees and Compensation,"Salary, expenses of master commissioners, receivers. [Repealed.]",, 64,64.275,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Shortage in receiver’s fees in certain counties. [Repealed.],, 64,64.280,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Shortage in commissioner’s fees in certain counties. [Repealed.],, 64,64.285,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Compensation of fiscal court members adjusted to current purchasing power of the dollar.,"In order to equate current compensation for fiscal court services with the purchasing power of the dollar and to keep abreast of such compensation’s initial value and purchasing power, the fiscal court of any county, on or before September 1, 1972, may adjust, within the limits of KRS 64.530(6), the compensation of the justices of the peace or county commissioners serving on a fiscal court of a county.", 64,64.290,Fees and Compensation of Public Officers and Employees,Fees and Compensation,"Notaries, examiners and other officers. [Repealed.]",, 64,64.300,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Exemption from fees of notaries public.,"No fee or compensation shall be allowed or paid for affixing the jurat of a notary public to any application, affidavit, certificate or other paper necessary to be filed in support of any claim for the benefits of federal legislation for any person or his dependents who has served as a member of the National Guard or a reserve component or as an active member of the Army, Navy, Air Force, Coast Guard, or Marine Corps of the United States.", 64,64.310,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Arbitrators and appraisers.,"(1) Arbitrators shall be allowed $1.50 per day, to be paid by the successful party and taxed as costs. (2) When land or improvements, in a county containing a population of 150,000 or over, are ordered by a court to be sold, and an appraisement is required, the appraisers shall be paid out of the proceeds of the sale a reasonable compensation fixed by the court, to be taxed as a part of the costs of the action.", 64,64.320,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Surveyors.,"Any court shall pay or order payment, as the case may be, of reasonable compensation relating to the nature of the work to the county surveyor, and his agents who assist him, for any services it orders the surveyor to perform pursuant to KRS 73.040. The surveyor may refuse to deliver to any party or file in court any plat or report of survey until his fees for making it have been paid.", 64,64.330,Fees and Compensation of Public Officers and Employees,Fees and Compensation,"Chain-carriers, viewers and processioners.","(1) Chain-carriers and markers shall be paid, by the person causing the survey to be made, one dollar ($1) per day. If the survey is made under an order of court their services and the fees to which they are entitled shall be reported by the surveyor in his report. (2) Viewers of a road shall be paid, by the applicant, one dollar ($1) per day. (3) Processioners shall be paid, by the employer, two dollars ($2) per day.", 64,64.340,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Fee in misdemeanor cases must be collected from defendant.,"No officer shall be entitled to any fee in a proceeding for a misdemeanor unless the fee is recovered and collected from the defendant, in which case the fee allowed and taxed shall be the same as for similar services in civil cases.", 64,64.345,Fees and Compensation of Public Officers and Employees,Fees and Compensation,"Clerks and sheriffs and jailers in counties having population of 70,000 or more — Compensation — Expenses — Deputies and assistants — Applicability of KRS 64.368 if population decreases below 70,000 — Expenses not to exceed annual approved budgetary amounts.","(1) The county clerk and sheriff of each county having a population of seventy thousand (70,000) or over shall receive an annual salary pursuant to the salary schedule in KRS 64.5275. (2) In counties containing a city of the first class, an urban-county form of government, or a consolidated local government, the amount, if any, allowed for the necessary office expenses of each officer shall be approved by the fiscal court in counties containing a city of the first class, by the legislative body in counties containing an urban-county form of government, or by the legislative council in a consolidated local government. This approval shall be signed by the county judge/executive in a county containing a city of the first class, the executive authority in a county having an urban-county form of government, or the mayor in a consolidated local government. Approval by the fiscal court, urban-county legislative body, or legislative council of a consolidated local government under this subsection shall not include oversight of expenditure of the funds. This oversight shall be retained by the Office of the Controller created pursuant to KRS 42.0201. In counties having a consolidated local government or containing a city of the first class, each sheriff’s deputy who uses his own automobile in the performance of official duties shall be authorized an allotment for expenses incurred, up to a maximum of three hundred dollars ($300) per month, to be paid out of the fees and commissions of the sheriff’s office. In all other counties with a population of seventy thousand (70,000) or more, the amount, if any, allowed for the necessary office expenses of each officer shall be fixed by the fiscal court by an order entered upon the fiscal court order book no later than January 15 of each year. Necessary office expenses for sheriffs and county clerks in counties containing a city of the first class, an urban-county form of government, or a consolidated local government, and counties with a population of seventy thousand (70,000) or more shall include discretionary funds to cover additional expenses related to special training and travel related to homeland security emergencies, academy graduations, retirements, state and national sheriff’s conventions, and extraordinary office expenses in amounts authorized by the approving authority. A certified copy of the orders, and of any subsequent changes made therein, shall, as soon as entered, be forwarded to the Finance and Administration Cabinet. (3) Each officer shall, on the first day of each month, send to the Finance and Administration Cabinet a statement, subscribed and sworn to by him, showing the amount of money received or collected by or for him the preceding month as fees or compensation for official duties and shall, with these statements, send to the Finance and Administration Cabinet the amount so collected or received. The Finance and Administration Cabinet may extend the time for filing the statement and making the payment for a period not exceeding ten (10) days in any month. (4) The salary of each officer and his deputies and assistants and his office expenses shall be paid semimonthly by the State Treasurer upon the warrant of the Finance and Administration Cabinet made payable to the officer. If seventy-five percent (75%) of the amount paid into the State Treasury in any month by any of such officers is not sufficient to pay the salaries and expenses of his office for that month, the deficit may be made up out of the amount paid in any succeeding month; but in no event shall the amount allowed by the Finance and Administration Cabinet to any officer for salaries and expenses exceed seventy-five percent (75%) of the amount paid to the Finance and Administration Cabinet by the officer during his official term. (5) In counties containing a city of the first class, an urban-county form of government, or a consolidated local government, the number of deputies and assistants allowed to each officer and the compensation allowed to each deputy and assistant shall be approved at reasonable amounts upon motion of each officer by the fiscal court in counties containing a city of the first class, by the legislative council in a consolidated local government, and by the legislative body in counties containing an urban-county form of government. This approval shall be signed by the county judge/executive in a county containing a city of the first class, the executive authority in a county having an urban-county form of government, or the mayor in a consolidated local government. Approval by the fiscal court, urban-county legislative body, or legislative council of a consolidated local government under this subsection shall not include oversight of expenditure of the funds. This oversight shall be retained by the Office of the Controller. In all other counties with a population of seventy thousand (70,000) or more, the number of deputies and assistants allowed to each officer and the compensation allowed to each deputy and assistant shall be fixed at reasonable amounts upon motion of each officer by the fiscal court by an order entered upon the fiscal court order book no later than January 15 of each year. A certified copy of the orders, and of any subsequent changes made therein, shall, as soon as entered, be forwarded to the Finance and Administration Cabinet. (6) If a county’s population that equaled or exceeded seventy thousand (70,000) is less than seventy thousand (70,000) after the most recent federal decennial census, then the provisions of KRS 64.368 shall apply. (7) The Office of the Controller shall recognize the amount allowed for necessary office expenses of each officer under subsection (2) of this section as the official budget for the office. The Office of the Controller shall use professional judgment in creating the appropriate fund and account structure to ensure that the offices do not exceed annual approved budgetary amounts or expend more than the resources available for the term of office.", 64,64.346,Fees and Compensation of Public Officers and Employees,Fees and Compensation,"County contribution toward office expenses of clerks, sheriffs, and jailers in counties having population of 70,000 or more — Applicability of KRS 64.368 if population decreases below 70,000.","(1) The fiscal court in counties containing a population of seventy thousand (70,000) or over may authorize and pay out of the general fund of the county for any expenditures which, in its discretion, are deemed necessary for the efficient operation of the offices of the county and Circuit Court clerk, sheriff, and jailer. (2) If a county’s population that equaled or exceeded seventy thousand (70,000) is less than seventy thousand (70,000) after the most recent federal decennial census, then the provisions of KRS 64.368 shall apply.", 64,64.347,Fees and Compensation of Public Officers and Employees,Fees and Compensation,"Population, how determined — Effect of change of population during term of officer.","The population of a county shall, for the purposes of KRS 64.346, be determined by the most recent federal decennial census enumeration; provided: however that the provisions of those sections and subsections shall not become operative to such officers mentioned therein during their term in counties determined to have acquired, since the last census, a population of more than 75,000.", 64,64.348,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Compensation of sheriffs and other law-enforcement officers or agencies for attending court — Rates. [Renumbered.],, 64,64.350,Fees and Compensation of Public Officers and Employees,Fees and Compensation,"Return of fees to counties whose officers pay fees into State Treasury — Applicability of KRS 64.368 if population decreases below 70,000.","(1) In counties having a population of seventy thousand (70,000) or more, the salaries of the county clerks and sheriffs and of their deputies and all necessary office expenses, including the equipping, furnishing, maintaining, and operation of the offices, shall be paid out of the State Treasury in amounts not to exceed seventy-five percent (75%) of the fees collected by the officers respectively, and received into the Treasury; and twenty-five percent (25%) of the fees collected by the officers respectively, and received into the State Treasury shall be paid in the manner provided by law for the payment of other claims against the state to the fiscal courts, urban-county governments, or consolidated local governments of the respective counties. The amount of twenty-five percent (25%) of the fees collected by the jailers during each calendar year shall be paid to the fiscal courts, urban-county governments, or consolidated local governments of the respective counties by April 1 of each year succeeding the calendar year during which the fees were received by the Finance and Administration Cabinet. The amount of twenty-five percent (25%) of the fees collected by the county clerks and sheriffs during each calendar year shall be paid to the fiscal courts, urban-county governments, or consolidated local governments of the respective counties quarterly no later than April 15, July 15, October 15, and January 15. Each payment shall be for the preceding three (3) months during which fees were received by the Finance and Administration Cabinet. Adjustments necessary to insure that exactly twenty-five percent (25%) of fees collected are returned to the fiscal courts, urban-county governments, or consolidated local governments shall be made in the January 15 payment. After payment of the salaries and expenses specified in this subsection, any remaining balance of the seventy-five percent (75%) of the fees collected by the officers respectively at the end of their official term shall be paid by the State Treasurer to the fiscal courts, urban-county governments, or consolidated local governments of the respective counties, subject to the provisions of subsection (2) of this section. (2) Notwithstanding the provisions of subsection (1) of this section, all sums received into the State Treasury and representing seventy-five percent (75%) of the fees collected by the sheriffs specified in subsection (1) of this section from any county or consolidated local government in which a metropolitan correctional services department has been established shall be expended from the State Treasury for the payment of the salaries and costs specified in subsection (1) of this section, and in Section 106 of the Constitution of Kentucky. After payment of the salaries and costs specified in this subsection, the remaining balance representing fees collected by sheriffs shall be paid by the State Treasury to the fiscal court or to the consolidated local government of the county in which a metropolitan correctional services department has been established by April 1 of each year succeeding the calendar year in which the fees were received by the Finance and Administration Cabinet. (3) If a county’s population that equaled or exceeded seventy thousand (70,000) is less than seventy thousand (70,000) after the most recent decennial census, then the provisions of KRS 64.368 shall apply.", 64,64.355,Fees and Compensation of Public Officers and Employees,Fees and Compensation,"Fees in counties of 70,000 or more are property of respective county — Applicability of KRS 64.368 if population decreases below 70,000.","(1) It is hereby declared to be the intent of the General Assembly that all fees of the office of county clerk and sheriff in counties having a population of seventy thousand (70,000) or more that are paid into the State Treasury pursuant to the provisions of Section 106 of the Constitution of Kentucky are the property of the respective county, and these fees along with those collected by the circuit clerk shall be computed as part of the county’s total tax effort for the purpose of determining credit for any federally funded program. (2) If a county’s population that equaled or exceeded seventy thousand (70,000) is less than seventy thousand (70,000) after the most recent federal decennial census, then the provisions of KRS 64.368 shall apply.", 64,64.360,Fees and Compensation of Public Officers and Employees,Fees and Compensation,"Clerks, sheriffs and jailers in counties of seventy-five thousand population may require security of depositories. [Repealed.]",, 64,64.365,Fees and Compensation of Public Officers and Employees,Fees and Compensation,"Clerks and sheriffs in counties of 75,000 population not liable for default of approved depository.","Clerks and sheriffs who are required under Constitution Section 106 to pay the fees collected by them into the State Treasury are relieved from all liability as insurers of funds that come into their hands or subject to their control after the funds are deposited in good faith in a depository or depositories in the county approved by the fiscal court, and the obligors in the bonds shall not be responsible for loss of, or delay in payment of such funds by reason of the failure or suspension of such depository.", 64,64.368,Fees and Compensation of Public Officers and Employees,Fees and Compensation,"Clerks and sheriffs in counties whose population drops below 70,000.","If a county clerk and sheriff are operating under the procedures applicable to counties equaling or exceeding populations of seventy thousand (70,000), and after the most recent federal decennial census the county population is less than seventy thousand (70,000), the county clerk and sheriff shall continue to operate and shall continue to be treated in the same manner as if the county’s population equals or exceeds seventy thousand (70,000).", 64,64.370,Fees and Compensation of Public Officers and Employees,Fees and Compensation,Conditions of bond or collateral. [Repealed.],, 64,64.380,Fees and Compensation of Public Officers and Employees,Fees and Compensation,"Effect of security on liability of officer and depository, liability when security not taken. [Repealed.]",, 64,64.400,Fees and Compensation of Public Officers and Employees,Fee-Bills,Constable may distrain for fees — Duty concerning.,"A constable may distrain for his own fees, or may place his fees in another officer’s hands for collection, and may distrain for other officers’ fees placed in his hands for collection. He shall account for officers’ fees six (6) months after they are placed in his hands.", 64,64.410,Fees and Compensation of Public Officers and Employees,Fee-Bills,How fee-bills made out — Provisions concerning.,"(1) The fee-bills of every officer shall be made out at length, in figures and in plain English, and signed by the officer in his official capacity. (2) No officer shall demand or receive for his services: (a) Any other or greater fee than is allowed by law; (b) Any fee for services rendered when the law has not fixed a compensation therefor; (c) Any fee for services not actually rendered. (3) Where there are more plaintiffs or defendants than one (1) in an action and they sever in their pleadings or otherwise, so that part of them cause an officer to render separate services for him or them, for which the others ought not to be liable, the fees for such services shall be charged separately to those for whom the service is rendered. (4) No officer in making out his fee-bill shall omit the name of any person properly chargeable therewith, or insert the name of a person not properly chargeable. (5) Fees against a person acting in a trust capacity shall be made out against him in such capacity and he shall only be liable therefor to the extent of the trust funds in his hands liable to the payment thereof. (6) No fee-bill shall be made out, or compensation allowed hereafter, for any ex officio services rendered by any officer.", 64,64.420,Fees and Compensation of Public Officers and Employees,Fee-Bills,Collection of fees after death of officer.,"(1) Except as otherwise provided in KRS 64.050, if any officer dies before making out a fee-bill or collecting his fees, his deputy, or, if none, his personal representative, may, within two (2) years after the services were rendered, make out and sign a fee-bill therefor, and may list the fee-bill in due time for collection with the proper officer, and the fee-bill shall be collectible and distrainable as if issued by the deceased officer in his lifetime. (2) Any person against whom an illegal fee-bill is made by a deputy or personal representative shall be entitled to the same remedies against such deputy or personal representative as are given against an officer. (3) If any person against whom a fee-bill is issued under this section makes an affidavit that the fee was paid to the officer in his lifetime, and produces the affidavit to the officer having the fee-bill for collection, such officer shall forthwith return the fee-bill and affidavit to the person who issued it, and the same shall thereafter be collectible by action only, as other debts.", 64,64.430,Fees and Compensation of Public Officers and Employees,Fee-Bills,"Fee-bills due and distrainable, when.","(1) All fees are due and payable within two (2) months after the services are rendered. (2) The fee for the attendance of a witness may be distrained for immediately after it is due, and shall retain its distrainable power for three (3) years, after which it shall only be collectible as other debts of like quality. (3) The fees of all officers shall be distrainable on and after January 1 next ensuing the rendition of the services; and whether an officer lists the same or not, it shall retain its distrainable force for three (3) years, after which it shall only be collectible as other debts of like quality. (4) When the officer rendering the services makes an affidavit on the back of the fee-bill that the person it is against is about to leave the state with his effects, or that he intends and is about to fraudulently sell or dispose of his effects with the intent of hindering and delaying his creditors in the collection thereof, the officer’s fees may be distrained for immediately after the services are rendered.", 64,64.440,Fees and Compensation of Public Officers and Employees,Fee-Bills,Demand must be made before distress.,No distress shall be made for any fee-bill until the same is exhibited to and a demand of payment thereof is made from the person it is against., 64,64.450,Fees and Compensation of Public Officers and Employees,Fee-Bills,Action against officer issuing illegal fee-bill.,"An officer who issues a fee-bill that contains any illegal or improper item or item for services not rendered, or that omits the name of any of the parties legally chargeable therewith or that issues for a fee against any person not legally chargeable with the same, or that has been paid, or does not strictly comport in every particular with the laws in respect to fee-bills, shall be liable to an action at the suit of any person upon whose property a distraint is made by virtue of such fee-bill. No officer issuing such fee-bill shall, in defense of such action, justify under the fee-bill. In such action the finding of the jury shall not be less than three (3) times the amount of the fee-bill.", 64,64.460,Fees and Compensation of Public Officers and Employees,Fee-Bills,Illegal fee-bill may be examined by Circuit Judge — Proceedings.,"(1) Any person who pays any fee-bill or claim for fees which he believes contains an erroneous, improper or illegal item, or charge for services not actually rendered, or does not comport with the law in every respect, may hand the fee-bill to the Circuit Judge of the county in which he resides, and if there is any item in the fee-bill not authorized by law or if it does not comport with the law in every respect, the Circuit Judge shall quash the fee-bill, and order the officer to repay the amount of the fee-bill to the person who paid it, and pay the costs of the proceeding. (2) The judge shall enter a fine against the officer who issued the fee-bill, in favor of the person aggrieved, of not less than one dollar ($1.00) nor more than four dollars ($4.00) for each illegal item contained therein. The production of the fee-bill by the party charged shall be prima facie evidence of its payment. (3) If the judge is of the opinion that there is no improper charge or illegal item in the fee-bill, he shall restore it to the person placing it in his hands, without costs or expense. (4) A fieri facias, indorsed that no surety is to be taken, may issue in behalf of the person aggrieved for all the sums and costs adjudged under this section. (5) Before any judgment is entered under the provisions of this section, the defendant in the proceeding must be given at least two (2) days’ notice thereof by rule or otherwise.", 64,64.470,Fees and Compensation of Public Officers and Employees,Fee-Bills,Remedy for distress for illegal fee-bill.,"(1) If distraint is made upon the property of a person for a fee-bill that has any unjust or improper charge or item therein, or any item not made out in every respect agreeably to the requirements of law, the person may apply to the officer making the distraint for an exact copy of the fee-bill, and the officer shall make out and deliver the same to such person forthwith. (2) Upon receipt of such copy, the person on whom the distraint is made may present it to the circuit judge of the county of his residence, and if, on inspection thereof, the judge is of the opinion that the fee-bill contains any unjust item, or item not made out in every respect according to the requirements of law, he shall, by written indorsement thereon, order the officer to stay proceedings under the distraint until the matter is determined in court. (3) Upon the receipt of the order, the officer who made the distraint shall obey it, restore the property distrained to the owner, and return the fee-bill and copy with the judge’s order thereon to the circuit clerk’s office of his county, with the facts of the case indorsed on the fee-bill. (4) The officer who issued the fee-bill shall be notified as directed in subsection (5) of KRS 64.460. (5) The court shall quash the fee-bill, and render judgment against the officer issuing the same for the amounts and in the manner stated in KRS 64.460, and execution may issue therefor.", 64,64.475,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Executive Branch Compensation Advisory Council — Organization — Staff — Duties — Recommendations.,"(1) There is hereby established an advisory council to be known as the Executive Branch Compensation Advisory Council. (a) The council shall consist of three (3) voting members: the state budget director, the secretary of the Governor’s Executive Cabinet, and the secretary of the Finance and Administration Cabinet. (b) The state budget director shall serve as the chair of the council. (c) If a voting member is unable to attend a meeting of the council, he or she shall designate, in writing, a member of his or her staff to attend in his or her place, and such designation shall confer on such designee, for that meeting only, the authority to act, including the right to vote on any matter coming before the council. (2) The council shall be attached to the Personnel Cabinet for administrative purposes. Personnel Cabinet staff shall provide necessary administrative and operational support for the council. The council may, from time to time, utilize the services of professional and technical personnel employed by other agencies of state government, if the need arises. The council shall meet on a quarterly basis at a time and place to be determined by the council. Additional meetings may be called upon request of two (2) voting members of the council. (3) The duties of the council shall include the following: (a) Advise and make recommendations to the secretary of the Personnel Cabinet on appropriate salaries for the following: 1. The heads of the various departments in the executive branch of state government, with the exception of: a. Departments headed by constitutionally elected officers; b. The Department of Education; c. The Council on Postsecondary Education; and d. The Kentucky Authority for Educational Television; 2. The heads of offices, as defined in KRS 12.010; 3. The administrative heads of boards and commissions and for their employees, if they are not covered by the salary schedules set forth in KRS Chapter 16, KRS Chapter 18A, or KRS Chapter 151B, notwithstanding any other statute to the contrary empowering a board, commission, authority, or other administrative body for which the Personnel Cabinet provides personnel and payroll services except for any board governing any of the Kentucky Retirement Systems, the County Employees Retirement System, the Kentucky Public Pensions Authority, the Kentucky Higher Education Assistance Authority, the Kentucky Authority for Educational Television, or the Council on Postsecondary Education to establish, set, or approve the salaries of its administrative head and other employees; 4. Requests from boards, commissions, or cabinet heads to approve salary increases in excess of those increases provided other state employees to individuals in the positions listed in paragraphs (a), (b), and (c) of this subsection; (b) Advise the secretary of the Personnel Cabinet on requests from agencies to establish or abolish a separate salary schedule, or schedules, reflective of the marketplace need to recruit and hire classified employees in technical or professional fields when the classified service salary schedule is inadequate. A positive recommendation of such requests shall not be granted unless significant credible evidence exists of a job market shortage and an inadequacy of the classified or unclassified salary schedules to recruit and retain competent, qualified applicants for such positions; and (c) Recommend that the Personnel Cabinet conduct salary surveys of the executive branch positions outlined in subsection (3)(a)1., 2., and 3. of this section, using state governments in the seven (7) states contiguous to the Commonwealth, other states in the southeastern United States, and private sector employers, where appropriate. (4) The council’s recommendations shall: (a) Take into consideration the provisions of KRS 64.640, if the specific position in question is subject to the provisions of KRS 64.640; and (b) Not take into consideration the provisions of KRS 64.640, if the specific position in question is exempt from the provisions of KRS 64.640.", 64,64.480,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Compensation of elective state officers — Adjustment of salaries.,"(1) Effective, with respect to the offices of Governor on December 11, 1979, and Lieutenant Governor on the fifth Tuesday following the regular November election in 1975, and with respect to the other offices named in this section on the first Monday in January, 1976, the compensation of the following named officers, payable monthly out of the State Treasury, shall be the sum per annum designated for the respective offices, as follows: Governor, forty-five thousand dollars ($45,000) until December 11, 1981, then fifty thousand dollars ($50,000) until December 13, 1983, and then sixty thousand dollars ($60,000) until January 1, 1985; Lieutenant Governor, twenty-seven thousand nine hundred dollars ($27,900) per annum, plus any compensation received while acting in the place of the Governor; Attorney General, Commissioner of Agriculture, Secretary of State, State Treasurer, Auditor of Public Accounts, and clerk of the Supreme Court of Kentucky elected in November, 1975, as clerk of the Court of Appeals, twenty-seven thousand nine hundred dollars ($27,900). (2) In order to equate or adjust the compensation of the Lieutenant Governor, Attorney General, Commissioner of Agriculture, Secretary of State, State Treasurer, Auditor of Public Accounts, and clerk of the Supreme Court of Kentucky with the purchasing power of the 1949 dollar, the Department for Local Government of Kentucky shall compute by the second Friday in February of every year, beginning in 1977, the maximum permissible compensation of the officials mentioned in this subsection based precisely upon the consumer price index formula approved in Matthews v. Allen, Kentucky, 360 S.W.2d 139 (1962). Thus the maximum permissible compensation effective for the entire year of 1977 and subsequent years will be the actual compensation to be paid said officials. The year of adjustment will be the particular full calendar year involved. (3) It is the intention of the Legislature that the constitutionally permissible adjustment of salaries of these officials be framed around equating current salaries with the purchasing power of the dollar in 1949 when Section 246 of the Constitution of Kentucky was amended. Section 246 of the Constitution of Kentucky, as amended, established a monetary level of twelve thousand dollars ($12,000) per annum for said officials. The formula merely effects an adjustment of the constitutional monetary level in terms of the current consumer price index. (4) In order to adjust the compensation of the Governor to reflect changes in the purchasing power of the dollar, the Department for Local Government shall compute by the second Friday in February of every year, beginning in 1985, an adjusted salary of the Governor by multiplying sixty thousand dollars ($60,000) by the increase in the consumer price index during the period from January 1, 1984, to the beginning of the then-current calendar year. The actual compensation paid to the Governor for the entire calendar year of 1985 and subsequent years shall be the adjusted salary.", 64,64.485,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Salaries of Justices and Judges of Court of Justice — Adjustments for changes in consumer price index — Limits. [Repealed.],, 64,64.486,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Salary supplements for Chief Justice and chief judges.,"In addition to the salary provided for in KRS 48.195 as adjusted by salary increments the General Assembly may from time to time provide, the Chief Justice of the Supreme Court, the Chief Judge of the Court of Appeals, the chief regional Circuit Judges, and the chief regional District Judges shall receive the following salary supplements per annum establishing a total salary differential of: five thousand dollars ($5,000), Chief Justice, Supreme Court; three thousand dollars ($3,000), Chief Judge, Court of Appeals; and one thousand dollars ($1,000), chief regional Circuit and District Judges, over other justices and judges of their courts respectively.", 64,64.490,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Compensation of additional Court of Appeals Commissioners. [Repealed.],, 64,64.495,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Compensation of judges and commissioners of the Court of Appeals. [Repealed.],, 64,64.496,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Compensation of judges and commissioners of the Court of Appeals. [Repealed.],, 64,64.497,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Salaries of judges of the Court of Appeals. [Repealed.],, 64,64.498,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Compensation of circuit judges. [Repealed.],, 64,64.499,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Compensation of circuit judges. [Repealed.],, 64,64.500,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Expenses of circuit judges. [Repealed.],, 64,64.502,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Construction of KRS 64.500. [Repealed.],, 64,64.505,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,"Expenses allowed certain circuit judges — Claims for, how made. [Repealed.]",, 64,64.507,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Salary of district judges. [Repealed.],, 64,64.510,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Compensation of commonwealth’s attorneys. [Repealed.],, 64,64.515,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Expenses of commonwealth’s attorney. [Repealed.],, 64,64.518,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,"Compensation of assistants and stenographers of commonwealth’s attorney in counties of 200,000. [Repealed.]",, 64,64.520,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,"Compensation of assistants, stenographers and circuit detectives for commonwealth’s attorneys. [Repealed.]",, 64,64.525,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Compensation of circuit detectives. [Repealed.],, 64,64.527,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Annual computation of consumer price index for determination of rate of adjustment of compensation of certain elected county officials.,"In order to equate the compensation of jailers who do not operate full service jails, constables in counties having an urban-county form of government, justices of the peace, county commissioners, and coroners with the purchasing power of the dollar, the Department for Local Government shall compute by the second Friday in February of every year the annual increase or decrease in the consumer price index of the preceding year by using 1949 as the base year in accordance with Section 246 of the Constitution of Kentucky which provides that the above elected officials shall be paid at a rate no greater than seven thousand two hundred dollars ($7,200) per annum. The Department for Local Government shall notify the appropriate governing bodies charged by law to fix the compensation of the above elected officials of the annual rate of compensation to which the elected officials are entitled in accordance with the increase or decrease in the consumer price index. Upon notification from the Department for Local Government, the appropriate governing body may set the annual compensation of the above elected officials at a rate no greater than that stipulated by the Department for Local Government.", 64,64.5275,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Legislative finding relating to certain county officers — Maximum salary schedule — Annual incentive for completed training units.,"(1) The General Assembly of the Commonwealth of Kentucky hereby finds and determines that county judges/executive, county clerks, jailers who operate a full service jail, and sheriffs in all counties are officers whose duties or jurisdictions are coextensive with that of the Commonwealth within the meaning of Section 246 of the Constitution of Kentucky. (2) Effective on the first Monday in January of 1999, the maximum salary of county judges/executive, county clerks, jailers who operate a full service jail, and sheriffs shall be fixed by the Department for Local Government according to a salary schedule in accordance with Section 246 of the Kentucky Constitution. The salary schedule provides that these officials, as officers whose jurisdiction or duties are coextensive with the Commonwealth, shall be paid at a rate no greater than twelve thousand dollars ($12,000) per annum as adjusted for any increase or decrease in the consumer price index and as described in subsection (4) of this section. (3) The salary schedule for county judges/executive, county clerks, jailers who operate a full service jail, and sheriffs in all counties provides for nine (9) levels of salary based upon the population of the county in the year prior to the election of county officials as determined by the United States Department of Commerce, Bureau of the Census’s annual estimates. To implement the salary schedule, the Department for Local Government shall, by November 1 of each year preceding the election of county officials, certify for each county the population group applicable to each county based on the most recent estimates of the United States Department of Commerce, Bureau of the Census. For the purposes of this section, the salary schedule for county judges/executive, county clerks, jailers who operate a full service jail, and sheriffs shall remain as determined by the Department for Local Government pursuant to this section, regardless of changes in the population estimates or the actual census count that may occur during the term for which the official has been elected or appointed. The salary schedule provides four (4) steps for yearly increments within each population group. County officers named in this section shall be paid according to the first step within their population group for the first year or portion thereof they serve in office. Thereafter, each officer, on January 1 of each subsequent year, shall be advanced automatically to the next step in the salary schedule until the maximum salary figure for the population group is reached. Prior to assuming office on the first Monday in January, 1999, or thereafter, any person assuming any of the offices for which the salary is determined by this section must certify to the commissioner of the Department for Local Government the total number of years, not to exceed four (4) years, that the person has previously served in the office. The Department for Local Government shall place the officer in the proper step based upon a formula of one (1) incremental step per full calendar year of service: Click to view (4) Upon publication of the annual consumer price index by the United States Department of Commerce, the Department for Local Government shall fix the salary of the county judge/executive, county clerk, jailer who operates a full service jail, and sheriff at an annual rate of salary to which the county official is entitled pursuant to the increase in the Consumer Price Index and the salary schedule contained in this section. This salary determination shall be retroactive to the preceding January 1. (5) Notwithstanding any provision contained in this section, no county official holding office on July 15, 1998, shall receive any reduction in salary or reduction in adjustment to salary otherwise allowable by the statutes in force on July 15, 1998. (6) In addition to the step increases based on service in office, each officer shall be paid an annual incentive of one hundred dollars ($100) per calendar year for each forty (40) hour training unit successfully completed, based on continuing service in that office and, except as provided in this subsection, completion of at least forty (40) hours of approved training in each subsequent calendar year. If an officer fails, without good cause as determined by the commissioner of the Department for Local Government, to obtain the minimum amount of approved training in any year, the officer shall lose all training incentives previously accumulated. Each training unit shall be approved and certified by the Department for Local Government. No officer shall receive more than one (1) training unit per calendar year nor more than four (4) incentive payments per calendar year. Each officer shall be allowed to carry forward up to forty (40) hours of training credit into the following calendar year for the purpose of satisfying the minimum amount of training for that year. Each annual incentive payment shall be adjusted by the Department for Local Government on an annual basis for any increase or decrease in the consumer price index in the same manner as salaries are adjusted as described in subsection (4) of this section. The Department for Local Government shall promulgate administrative regulations in accordance with KRS Chapter 13A to establish guidelines for the approval and certification of training units. (7) Except in counties that contain an urban-county form of government, justices of the peace who serve on fiscal courts, county commissioners, and jailers who operate life safety jails, jailers who are part of a transportation plan, or jailers who act as court bailiffs shall also be eligible for the training incentive payments in accordance with subsection (6) of this section. (8) The provisions of this section shall not apply to a county judge/executive in a county which has established a consolidated local government pursuant to KRS Chapter 67C.", 64,64.5277,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Definitions for KRS 64.5277 to 64.5279.,"As used in KRS 64.5277 to 64.5279: (1) “City” means: (a) Any city of any class; (b) An urban-county government that does not participate in the county officers training program under KRS 64.5275; and (c) A consolidated local government that does not participate in the county officers training program under KRS 64.5275; (2) “City officer” means: (a) Any individual elected to a city office existing under KRS Chapter 83A; (b) Any individual elected to a city office existing under KRS Chapter 67A or 67C, if the respective government does not participate in the county officers training program under KRS 64.5275; (c) Any individual appointed to fill a vacancy in an elected city office as defined under paragraph (a) or (b) of this subsection; and (d) Any individual serving in a nonelected city office as defined by KRS 83A.080 that is designated by the city as eligible for participation in the city officers training program in the ordinance adopted pursuant to KRS 64.5278; (3) “Training incentive multiplier” means a number of one (1) to four (4) that is used to calculate the final training incentive to be paid to a city officer eligible to participate in the training incentive program; and (4) “Training unit” means fifteen (15) clock hours of attendance or participation in qualifying courses during a calendar year.", 64,64.5278,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Ordinance establishing incentive program for city officers to obtain educational training — Training incentive payments — Continuing education hours required — Proof of attendance and evaluation of courses.,"(1) Any city may elect, by adopting an ordinance meeting the requirements of this section, to establish an incentive program for city officers to obtain educational training related to their duties and responsibilities as city officers and the functions of city governments. (2) The ordinance shall apply to all elected city officers within the city, and the city may allow any nonelected city officer holding an office existing or created under KRS 83A.080 to participate in the incentive program. (3) The ordinance shall designate a base training incentive payment amount that shall be awarded to the city officer for the completion of a training unit during service as a city officer within the city. This base incentive payment amount shall be no less than one hundred dollars ($100) and no more than five hundred dollars ($500). The training incentive payment amount established in the ordinance shall not be adjusted by any index reporting changes to consumer prices or any other method to account for inflation. (4) The ordinance shall require city officers to complete a number of continuing education hours equal to at least one (1) training unit during each calendar year in order to receive a training incentive payment. (5) The ordinance shall state that the city shall award the training incentive payment to the city officer for the completion of a training unit during the calendar year. The training incentive payment awarded shall be the base training incentive payment multiplied by the training incentive multiplier earned by the city officer. The city officer shall accumulate no more than one (1) training incentive multiplier per calendar year of continuous service, for a maximum of four (4) training incentive multipliers. (6) The ordinance shall provide that a city officer who fails to earn at least one (1) training unit in any calendar year shall receive no training incentive payment for that calendar year and shall have his or her training incentive multiplier reset to one (1) for the following year. (7) The ordinance may permit the city officer to carry forward no more than fifteen (15) hours of excess credit hours earned in one (1) calendar year to apply to the minimum fifteen (15) hours training unit required in the next calendar year. “Excess hours” means credit hours earned beyond fifteen (15) during a single calendar year. (8) The ordinance shall require the city officer to present proof of his or her completion of the annual training unit and shall establish the time that the city officers shall receive their training incentive payments. (9) Each city shall, in the ordinance establishing the city officers training program, establish a policy regarding the reimbursement to the city officer, or payment to the provider for the city officer’s attendance of an event hosting a course where the officer seeks to earn credit. (10) The ordinance shall specify criteria for the presentation of proof of attendance by city officers and the criteria for the evaluation of a course’s relevance to the duties and functions of city officers and the functions of city governments. In addition to other courses that may be deemed relevant by the city, courses that provide instruction on statutory powers and duties of cities and city officers, intergovernmental relationships, municipal finance and budgeting, municipal taxation, ethics, open records, open meetings, economic development, or municipal police powers shall satisfy the criteria established in the ordinance.", 64,64.5279,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Repeal of training incentive program for city officers — Designation of incentive payments relative to retirement and compensation — Alternate incentives for continuing education and training.,"(1) A city may, by ordinance, elect to repeal the training incentive program. (2) The training incentive payments provided under KRS 64.5278 shall not be included in the calculation for a retirement allowance for any city officer participating in the County Employees Retirement System set out in KRS 78.510 to 78.852. (3) Training incentive payments provided under KRS 64.5278 shall not be considered compensation and shall not be required to be included in the ordinance establishing the compensation of elected city officers under KRS 67C.129, 67C.131, 83A.070, or when applicable, KRS 64.610. (4) Training incentive payments provided under KRS 64.5278 shall not be a factor in setting elected city officers’ maximum compensation under KRS 83A.075(2). (5) Nothing in KRS 64.5277 to 64.5279 shall be construed to prohibit a city from enacting or establishing alternative incentives for the continuing education and training of its elected officers or employees.", 64,64.528,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Compensation of specified officials adjusted to current purchasing power of the dollar.,"In order to equate the current rate of compensation of Commonwealth’s attorneys, county clerks, county judges/executive, county attorneys, sheriffs, justices of the peace, and commissioners with the present value and purchasing power of the dollar, the court required by law to fix the compensation of the officials named in this section may, on or before September 1, 1974, adjust said officials’ compensation within the limits set forth in Acts 1974, Chapter 254, and may provide that said officials be entitled to the maximum amount of compensation for the entire 1974 calendar year.", 64,64.530,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,"Compensation of county officers, employees, deputies and assistants, and members of fiscal court — Excess fees — Applicability of KRS 64.368 if population decreases below 70,000.","(1) Except as provided in subsections (5) and (6) of this section, the fiscal court of each county shall fix the reasonable compensation of every county officer and employee except the officers named in KRS 64.535 and the county attorney and jailer. The fiscal court may provide a salary for the county attorney. (2) For the purposes of this section, justices of the peace and constables in all counties shall be deemed to be county officers and deputies or assistants of county officers shall be deemed to be county employees, but employees of county boards or commissions which are now authorized by law to fix the compensation of their employees shall not be deemed to be county employees for the purposes of this section. (3) In the case of officers compensated from fees, or partly from fees and partly by salary, the fiscal court shall fix the reasonable maximum compensation that any officer except the officers named in KRS 64.535 may receive from both sources. The fiscal court may also fix the reasonable maximum amount that the officer may expend each year for expenses of his office. The fiscal court shall fix annually the reasonable maximum amount, including fringe benefits, which the officer may expend for deputies and assistants, and allow the officer to determine the number to be hired and the individual compensation of each deputy and assistant. Any revenue received by a county clerk in any calendar year shall be used exclusively for the statutory duties of the county clerk and budgeted accordingly. At the conclusion of each calendar year, any excess fees remaining shall be paid to the fiscal court pursuant to KRS 64.152. (4) In the case of county officers elected by popular vote and the county attorney, in the event the fiscal court provides him a salary, the monthly compensation of the officer and of his deputies and assistants shall be fixed by the fiscal court, consistent with the provisions of subsection (3) of this section, not later than the first Monday in May in the year in which the officers are elected, and the compensation of the officer shall not be changed during the term but the compensation of his deputies or assistants may be reviewed and adjusted by the fiscal court not later than the first Monday in May of any successive year upon the written request of the officer. On or before August 1, 1966, the fiscal court shall fix the salary provided herein for the county attorneys for the term commencing in January, 1966, notwithstanding any other provisions of this section which may be inconsistent herewith. (5) Nothing in this section shall apply to property valuation administrators or their deputies, assistants, and expenses, in any county, or to the circuit court clerk, county clerk, sheriff, jailer, and their deputies, assistants, and expenses, in counties having a population of seventy thousand (70,000) or more. If a county’s population that equaled or exceeded seventy thousand (70,000) is less than seventy thousand (70,000) after the most recent federal decennial census, then the provisions of KRS 64.368 shall apply. (6) Justices of the peace serving on a fiscal court in any county, and county commissioners serving on a fiscal court in any county shall be paid for their services, out of the county treasury, not to exceed the maximum compensation allowable under KRS 64.527. The fiscal court shall fix the amount to be received within the above limit, but no change of compensation shall be effective as to any member of a fiscal court during his term of office. All of said annual salaries shall be payable monthly. Justices of the peace and county commissioners shall not receive any compensation for their services on the fiscal court, other than as provided by this section; provided, however, justices of the peace and county commissioners may receive no more than three thousand six hundred dollars ($3,600) annually or three hundred dollars ($300) per month as an expense allowance for serving on committees of the fiscal court. The fiscal court shall fix the amount to be received within the above limit, but no change of compensation except as provided in KRS 64.285 shall be effective as to any member of a fiscal court during his term of office.", 64,64.535,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Annual salaries of certain county officers.,"The county judge/executive, clerk, jailer who operates a full service jail, and sheriff shall each receive a monthly salary of one-twelfth (1/12) of the amount indicated by the salary schedule in KRS 64.5275.", 64,64.540,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Audit of accounts of county fee officers.,"The fiscal court of any county is authorized to have an annual audit made of the accounts of any county officer or employee, within the meaning of KRS 64.530, who is compensated in whole or in part by fees, except those officers enumerated in subsection (5) of KRS 64.530.", 64,64.550,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Denial of authority to create county office or position.,Nothing in KRS 64.480 to 64.740 is intended to authorize the fiscal court of any county to create any office or make any employment not authorized by law., 64,64.560,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Compensation of sheriff for county patrol duties. [Repealed.],, 64,64.570,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Compensation of reporters for circuit courts. [Repealed.],, 64,64.580,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Compensation of city officers and employees. [Repealed.],, 64,64.590,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,"Compensation of officers and employees of political subdivisions or local governmental units or districts other than counties or cities, including school districts.","In the case of any political subdivision or local governmental unit or district other than a county or city, having a governing body or authority composed of more than one (1) member, such governing body or authority shall fix the compensation of every officer and employee of the political subdivision, local governmental unit, or district whose compensation is payable from the funds of the political subdivision, governmental unit, or district, except that in the case of officers elected by popular vote the same limitations and restrictions shall apply as are applicable under KRS 83A.070 to the fixing of compensation of city officers elected by popular vote. Nothing in this section is intended to confer any power on any governing board or authority, with respect to the compensation of its own members, that it does not specifically possess under other statutes. This section applies to school districts, but is not intended to supersede any present provision of law relating to the fixing or payment of the compensation of teachers.", 64,64.600,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,School officers and employes deemed officers and employes of state. [Repealed.],, 64,64.610,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Employees of county or city boards or commissions — Compensation.,"Any county or city board or commission, or combined city-county board or commission, which now has authority by law to fix the compensation of its employees, either with or without statutory limits, shall have power to fix the compensation of its employees subject only to the limitations contained in KRS 64.480 to 64.740.", 64,64.620,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Limit on compensation of local officers and employes. [Repealed.],, 64,64.625,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,"Compensation of physicians employed by county, city-county, or district health departments.","Physicians employed by county, city-county, and district health departments may, upon written recommendation of the hiring and paying authorities expressly approved in writing by the secretary for health and family services, receive compensation in excess of, and without regard to, any limitation imposed by any existing statute, as employees of local health units. Such rates shall be based upon studies of the duties and responsibilities of the positions and upon a comparison for rates being paid for similar or comparable services elsewhere. The secretary for health and family services may also take into consideration other appropriate factors, including the scarcity of physicians qualified for public health work and the availability of local funds therefor.", 64,64.630,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Fees not authorized to be changed.,"Nothing in KRS 64.480 to 64.740 is intended to change or to authorize any public officer or body to change the amount or rate of any fee or percentage prescribed by law, it being the intention of KRS 64.480 to 64.740, with respect to officers receiving compensation from fees or percentages, to fix or provide for the fixing of the maximum compensation that may be received by the officer, and not the sources of such compensation.", 64,64.640,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Compensation of state officers and employees generally.,"(1) Except as otherwise provided in subsection (2) of this section, and excepting officers elected by popular vote, employees of the General Assembly, including employees of the Legislative Research Commission, members of boards and commissions, those officers and employees of Kentucky Educational Television exempt from classified service as provided in KRS 18A.115, presidents and employees of the state universities and the state colleges, officers employed by the Department of Kentucky State Police under KRS Chapter 16, and persons employed by the commissioner of parks on a temporary basis under KRS 148.026, the Personnel Cabinet shall prepare schedules of compensation, payable out of the State Treasury, with a minimum salary rate, and other salary rates as are deemed necessary or advisable, for the office or position of employment of every state officer and employee, including specifically the offices and positions of employment in every constitutional administrative department, statutory administrative department, independent agency, board, commission, or other unit of state government. The language of any statute empowering a board, commission, authority, or other administrative body for which the Personnel Cabinet provides personnel and payroll services, except for any board governing any of the Kentucky Retirement Systems, the County Employees Retirement System, the Kentucky Public Pensions Authority, the Kentucky Higher Education Assistance Authority, the Kentucky Authority for Educational Television, or the Council on Postsecondary Education, to establish, set, or approve the salaries of its administrative head and other employees to the contrary notwithstanding, the establishment or setting of salaries for administrative heads or other employees shall be subject to the approval of the secretary of the Personnel Cabinet. The schedules and rates shall be based upon studies of the duties and responsibilities of the offices and positions and upon a comparison with rates being paid for similar or comparable services elsewhere, and in the preparation of such schedules, the Personnel Cabinet shall ascertain and record the duties, responsibilities, and authority pertaining to the various offices and positions in the state service, and classify such positions in the manner provided in KRS 18A.030, 18A.035, 18A.110, 18A.130, 18A.135, and 18A.150 to 18A.160. No such schedule shall become effective until it has been approved by the Governor by executive order. (2) The Governor shall set the compensation payable out of the State Treasury to each officer or position in the state service, which officer or position heads a statutory administrative department, independent agency, or other unit of state government, except for those excluded under subsection (1) of this section. Such compensation shall be based upon studies of the duties and responsibilities and classification of the positions by the Governor and upon a comparison with compensation being paid for similar or comparable services elsewhere, provided, however, such compensation shall not exceed the total taxable compensation of the Governor derived from state sources, the provisions of KRS 64.660 to the contrary notwithstanding. For the purposes of this section, the total taxable compensation of the Governor from state sources shall include the amount provided for compensation to the Governor under KRS 64.480 and any benefits or discretionary spending accounts that are imputed as taxable income for federal tax purposes. (3) The compensation payable out of the State Treasury to officers and employees subordinate to any office or position covered by subsection (2) of this section shall not exceed the maximum rate established pursuant to subsection (2) of this section for such office or position, except with respect to physicians as provided in KRS 64.655 and employees of the Public Service Commission of Kentucky whose compensation shall be fixed, within constitutional limits, by the Personnel Cabinet with the approval of the Governor as provided in subsection (1) of this section. (4) Nothing in this section shall preclude the allowance of maintenance to officers and employees of the state.", 64,64.645,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Maximum salary of university president and state college presidents. [Repealed.],, 64,64.650,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Limit on compensation of subordinate state officers and employes; when maintenance allowable. [Repealed.],, 64,64.655,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Compensation and maintenance of physicians employed by the state.,"(1) As used in this section, unless the context clearly requires otherwise: “Physician” means a person authorized by law to practice medicine in this state. (2) Notwithstanding the provisions of KRS 64.640, the Personnel Cabinet may, upon the recommendation of the hiring authority and with the approval of the Governor, establish rates of compensation and maintenance within the constitutional limit for each position requiring the services of a qualified physician in any department, agency, or other unit of state government. Such rates shall be based upon studies of the duties and responsibilities of the positions and upon a comparison with rates being paid for similar or comparable services elsewhere.", 64,64.660,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Compensation of members of public boards and commissions.,"Nothing in KRS 64.480 to 64.740 is intended to authorize the increase of the compensation now fixed by law for the members of any public board or commission for their services as members of the board or commission, except members of fiscal courts to the extent authorized in subsection (3) of KRS 64.530.", 64,64.670,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Compensation of public officers and employes for 1950. [Repealed.],, 64,64.680,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,"Applicability of KRS 64.480 to 64.760 to officers in office on June 30, 1950. [Repealed.]",, 64,64.690,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,"Applicability of other statutes dealing with compensation — Applicability of KRS 64.368 if population decreases below 70,000.","(1) Except as provided in KRS 64.610 and in this section, KRS 64.480 to 64.740 are intended to supersede any existing statute, fixing the compensation, or authorizing any public officer or body to fix the compensation, of any public officer or employee covered by KRS 64.480 to 64.740. (2) Any public officer or body which has authority to fix the compensation of any state officer or employee covered by KRS 64.640 shall exercise such authority, subject to the schedule and limits of compensation for the particular office or position prescribed in KRS 64.640. The secretary of the Personnel Cabinet shall have the authority to monitor and require compliance with the provisions of this section and KRS 64.640 and 64.475. (3) KRS 64.480 to 64.740 are not intended to supersede any existing statute, with respect to the compensation of circuit clerks, county clerks, sheriffs, master commissioners, and receivers, and their deputies and assistants, in counties containing a population of seventy thousand (70,000) or more, or property valuation administrators, their deputies, and assistants, in any county. (4) If a county’s population that equaled or exceeded seventy thousand (70,000) is less than seventy thousand (70,000) after the most recent federal decennial census, then the provisions of KRS 64.368 shall apply.", 64,64.700,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Old compensation rates applicable until specific action taken by salary-fixing authority. [Repealed.],, 64,64.710,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Expense accounts and contingent funds prohibited — Exceptions.,"No public officer or employee shall receive or be allowed or paid any lump sum expense allowance, or contingent fund for personal or official expenses, except where such allowance or fund either is expressly provided for by statute or is specifically appropriated by the General Assembly.", 64,64.720,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,When compensation of county officers and employees payable out of county treasury.,"Except where the law provides that the compensation shall be paid out of the fees of the office, the fiscal court may authorize payment of compensation out of the county treasury to any county officer or employee specifically provided for by law.", 64,64.730,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Effect of failure to fix compensation of officer prior to commencement of term.,"Where any public body is required by KRS 64.480 to 64.740 to fix the compensation of an officer, and of his deputies and assistants, for terms commencing after June 30, 1950, not later than the first Monday in May in the year in which such officers are elected, and the body fails to do so, the compensation of the officer, and of his deputies and assistants, shall be the same as for the preceding term.", 64,64.740,Fees and Compensation of Public Officers and Employees,Compensation of Public Officers and Employees Generally,Protection of employees under civil service.,Nothing in KRS 64.480 to 64.740 is intended to supersede any existing provision of law with respect to protection of employees under civil service against reduction of compensation., 64,64.741,Fees and Compensation of Public Officers and Employees,Public Officials Compensation Commission,Definitions for KRS 64.742 to 64.745. [Repealed],, 64,64.742,Fees and Compensation of Public Officers and Employees,Public Officials Compensation Commission,Public Officials Compensation Commission. [Repealed],, 64,64.743,Fees and Compensation of Public Officers and Employees,Public Officials Compensation Commission,Organization — Compensation — Staff. [Repealed],, 64,64.744,Fees and Compensation of Public Officers and Employees,Public Officials Compensation Commission,Studies — Recommendations. [Repealed],, 64,64.745,Fees and Compensation of Public Officers and Employees,Public Officials Compensation Commission,Reports. [Repealed],, 64,64.750,Fees and Compensation of Public Officers and Employees,Public Officials Compensation Commission,Nonseverability of 1950 Act relating to compensation of public officers and employes. [Repealed.],, 64,64.760,Fees and Compensation of Public Officers and Employees,Public Officials Compensation Commission,"Recognition that compensation of public officers and employes, jurors and election officers constitutes an essential governmental expense. [Repealed.]",, 64,64.770,Fees and Compensation of Public Officers and Employees,County Officials’ Compensation Board,County Officials’ Compensation Board. [Repealed.],, 64,64.780,Fees and Compensation of Public Officers and Employees,County Officials’ Compensation Board,Questionnaires — Reports of recommendations. [Repealed.],, 64,64.810,Fees and Compensation of Public Officers and Employees,Accounts and Accounting,"Annual audit of books of fiscal court or county office by certified public accountant, if auditor declines to perform audit — Procedure.","(1) (a) Any fiscal court, county clerk, or sheriff may employ a certified public accountant to audit the books, accounts, and papers of the county or his office in lieu of the audit conducted by the State Auditor of Public Accounts required by KRS 43.070, if the Auditor of Public Accounts declines to perform the audit or has failed to respond to written notice of intent to employ a certified public accountant within thirty (30) days of receipt of the notice. (b) In the case of a documented emergency requiring an immediate audit which the Auditor of Public Accounts cannot complete within the requested deadline, the Auditor of Public Accounts shall authorize the fiscal court, the county clerk, or sheriff to engage a certified public accountant to complete the emergency audit. A certified public accountant may be engaged to conduct an emergency audit only after guaranteeing in writing to the Auditor of Public Accounts that the audit and audit report will be finished within the deadline originally requested of the Auditor of Public Accounts. The fiscal court shall bear the full cost of any county audit conducted pursuant to this paragraph. The county clerk or the sheriff shall bear the full cost of any audit of his office conducted pursuant to this paragraph, from funds received or collected by him, and the cost of the audit shall be construed as an expense of his office. Audits conducted pursuant to this paragraph shall be subject to the provisions of subsections (4) and (5) of this section. (2) A fiscal court which has elected to employ a certified public accountant pursuant to subsection (1)(a) of this section shall notify the State Auditor in writing by July 31 following the fiscal year to be audited of the name of the certified public accountant it has employed. The fiscal court shall bear the full cost of any audit conducted pursuant to this section. An elected official who has elected to employ a certified public accountant pursuant to subsection (1)(a) of this section shall: (a) Notify the fiscal court and the State Auditor in writing by January 30 following the calendar year to be audited of the name of the certified public accountant employed by said official to audit the books, accounts, and papers of his office; and (b) Bear the cost of the audit from funds received or collected by him, and the cost of the audit shall be construed as an expense of his office. (3) Any contract with a certified public accountant entered into pursuant to subsection (1)(a) of this section shall specify the following: (a) The audit of a county official shall be completed by August 1 following the calendar year being audited, and the audit of a county budget shall be completed by February 1 following the fiscal year being audited; (b) The certified public accountant shall forward a copy of the fee officer audit report and management letters to the county official, fiscal court of the county, and the Auditor of Public Accounts upon completion of the audit, and no later than August 1 following the calendar year being audited; (c) The certified public accountant shall forward a copy of the county budget audit report and management letters to the fiscal court of the county and the Auditor of Public Accounts upon completion of the audit and no later than February 1 following the fiscal year being audited; and (d) The Auditor of Public Accounts shall have the right to review the certified public accountant’s work papers before and after the release of the audit. (4) After preliminary review of the certified public accountant’s work papers, should discrepancies be found, the Auditor of Public Accounts shall notify the fiscal court or fee official of the discrepancies. Should the certified public accountant not correct such discrepancies prior to the release of the audit, the Auditor’s office may conduct its own audit to verify the findings of the certified public accountant’s report. If such audit is conducted, the expenses to said county or county official, as directed by KRS 43.070(4) shall be construed as an allowable expense of office. If the audit conducted by the Auditor of Public Accounts discloses discrepancies in the audit by the certified public accountant, the findings of the Auditor of Public Accounts shall be deemed official for purposes of collection of money owed the county pursuant to KRS 64.820. (5) No later than February 1 following the fiscal year being audited, or August 1 following the calendar year being audited, the fiscal court or county official shall submit the accountant’s written report to the Governor, the General Assembly, the Attorney General, the State Librarian, and county attorney of his county. In addition the fiscal court or the official shall send the report to the newspaper having the largest paid circulation in the county, and the letter of transmittal accompanying the report shall be published in said newspaper in accordance with the provisions of KRS Chapter 424. (6) This section shall not be construed as eliminating the requirement that the books, accounts, and papers of the above-named officials be audited yearly.", 64,64.820,Fees and Compensation of Public Officers and Employees,Accounts and Accounting,Collection of amount due county from county officials as determined by audit.,"(1) The fiscal court shall collect any amount due the county from county officials as determined by the audit of the official conducted pursuant to KRS 43.070 and 64.810 if the amount can be collected without suit. (2) In the event the fiscal court cannot collect the amount due the county from the county official without suit, the fiscal court shall then direct the county attorney to institute suit for the collection of the amount reported by the Auditor or certified public accountant to be due the county within ninety (90) days from the date of receiving the Auditor’s or certified public accountant’s report.", 64,64.830,Fees and Compensation of Public Officers and Employees,Accounts and Accounting,Settlement of accounts upon vacation of office — Quietus.,"(1) An outgoing county official, as soon as his successor has been qualified and inducted into office and his official bond approved, shall immediately vacate his office, deliver to his successor all books, papers, records and other property held by virtue of his office, and make a complete settlement of his accounts as county official, except as otherwise provided in this section. (2) Each outgoing county official shall make a final settlement with the fiscal court of his county by March 15 immediately following the expiration of his term of office for all money received by him as county official and to obtain his quietus, and immediately thereafter he shall deliver these records to the incumbent county official. (3) The outgoing county official and his bondsmen or sureties shall be relieved in securing his quietus and in the final settlement of his accounts of all responsibility for collecting and accounting for the amounts covered by the receipt and the incoming county official shall be charged with full responsibility for collecting and accounting for these amounts as otherwise provided by law for the collection and accounting of taxes. (4) The outgoing county official shall be allowed and paid by the fiscal court the reasonable expenses actually incurred in preparing the receipt required under this section. Reasonable expenses actually incurred may include his office expenses and salary, and salaries of deputies and employees paid in accordance with the schedule of the previous year or the amount paid an auditor necessary in determining and verifying the final settlement to the fiscal court.", 64,64.840,Fees and Compensation of Public Officers and Employees,Accounts and Accounting,"Issuance of receipt for payment of fine, forfeiture, tax, or fee — County government’s  payment acceptance options.","(1) Except for taxes collected on behalf of the state for which standard receipt forms had been supplied by the state prior to 1974, all county officials shall, upon the receipt of any fine, forfeiture, tax, or fee, prepare a receipt that meets the specifications of the state local finance officer, if the fine, forfeiture, tax, or fee is paid: (a) In cash; (b) By a party appearing in person to pay; or (c) By check, credit card, or debit card account received through the mail, if the party includes an addressed, postage-paid return envelope and a request for receipt. (2) One (1) copy of the receipt shall be given to the person paying the fine, forfeiture, tax, or fee and one (1) copy shall be retained by the official for his own records. One (1) copy of the receipt shall be retained by the official to be placed with the daily bank deposit. (3) A county government may, but shall not be required to, accept payment of any fine, forfeiture, tax, or fee by check, draft, electronic funds transfer, debit or credit card account, or other similar means of payment. If an individual chooses to pay a fine, forfeiture, tax, or fee by any means other than cash, the county government may recover any transaction fee that would otherwise be incurred by the county for submitting or processing the transaction as part of and in addition to the original amount of the fine, forfeiture, tax, or fee.", 64,64.850,Fees and Compensation of Public Officers and Employees,Accounts and Accounting,Commingling of public and private funds prohibited.,It shall be unlawful for any county official to deposit public funds with individual or private funds in any bank or other depository or for any such official to withdraw public funds for any purpose other than that for which they were received and deposited.,