Kentucky Statutes 61.661 – Member’s account confidential — Release of certain information from accounts of current or former legislators — Response to subpoenas
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(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 the Kentucky Public Pensions Authority 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 KRS § 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 KRS § 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.
Effective:April 14, 2022
History: Amended 2022 Ky. Acts ch. 192, sec. 3, effective April 12, 2022; and ch.
216, sec. 13, effective April 14, 2022. — Amended 2017 Ky. Acts ch. 4, sec. 1, effective January 9, 2017. — Amended 1996 Ky. Acts ch. 167, sec. 18, effective July 15, 1996. — Amended 1994 Ky. Acts ch. 485, sec. 22, effective July 15,
1994. Amended 1992 Ky. Acts ch. 240, sec. 42, effective July 14, 1992. — Amended 1990 Ky. Acts ch. 346, sec. 9, effective July 13, 1990. — Amended
1988 Ky. Acts ch. 349, sec. 44, effective July 15, 1988. — Created 1972 Ky. Acts ch. 116, sec. 52.
Legislative Research Commission Note (4/14/2022). This statute was amended by 2022 Ky. Acts chs. 192 and 216. Where these Acts are not in conflict, they have been codified together. In codification, the reference to the “Kentucky Retirement Systems” in the new language of subsection (1)(a)2. in ch. 192 was changed to the “Kentucky Public Pensions Authority” to conform with the housekeeping change to the same subsection in ch. 216, which transferred to the Kentucky Public Pensions Authority the duty to release account information. The Reviser of Statutes has changed this reference under the authority of KRS
7.136(2).
Legislative Research Commission Note (4/12/2022). 2022 Ky. Acts ch. 192, sec.
4, provides that the amendments made to this statute in that Act are retroactive
to July 1, 2021.
1. The member or recipient may authorize the release of his or her account information;
Terms Used In Kentucky Statutes 61.661
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
(a) Sending the document or package. See Kentucky Statutes 446.010 - Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Year: means calendar year. See Kentucky Statutes 446.010
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 the Kentucky Public Pensions Authority 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 KRS § 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 KRS § 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.
Effective:April 14, 2022
History: Amended 2022 Ky. Acts ch. 192, sec. 3, effective April 12, 2022; and ch.
216, sec. 13, effective April 14, 2022. — Amended 2017 Ky. Acts ch. 4, sec. 1, effective January 9, 2017. — Amended 1996 Ky. Acts ch. 167, sec. 18, effective July 15, 1996. — Amended 1994 Ky. Acts ch. 485, sec. 22, effective July 15,
1994. Amended 1992 Ky. Acts ch. 240, sec. 42, effective July 14, 1992. — Amended 1990 Ky. Acts ch. 346, sec. 9, effective July 13, 1990. — Amended
1988 Ky. Acts ch. 349, sec. 44, effective July 15, 1988. — Created 1972 Ky. Acts ch. 116, sec. 52.
Legislative Research Commission Note (4/14/2022). This statute was amended by 2022 Ky. Acts chs. 192 and 216. Where these Acts are not in conflict, they have been codified together. In codification, the reference to the “Kentucky Retirement Systems” in the new language of subsection (1)(a)2. in ch. 192 was changed to the “Kentucky Public Pensions Authority” to conform with the housekeeping change to the same subsection in ch. 216, which transferred to the Kentucky Public Pensions Authority the duty to release account information. The Reviser of Statutes has changed this reference under the authority of KRS
7.136(2).
Legislative Research Commission Note (4/12/2022). 2022 Ky. Acts ch. 192, sec.
4, provides that the amendments made to this statute in that Act are retroactive
to July 1, 2021.