Kentucky Statutes 61.692 – 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)
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(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 KRS § 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 KRS § 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 KRS § 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 KRS § 61.705 that the General Assembly had the authority to amend, reduce, or suspend, prior to July
1, 2013.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 107, sec. 33, effective July 14, 2018. — Amended
2013 Ky. Acts ch. 120, sec. 70, effective July 1, 2013. — Amended 1996 Ky. Acts ch.
167, sec. 21, effective July 15, 1996. — Amended 1993 (1st Extra. Sess.) Ky. Acts ch.
4, sec. 78, effective September 16, 1993. — Amended 1988 Ky. Acts ch. 349, sec. 29, effective July 15, 1988. — Amended 1976 Ky. Acts ch. 321, sec. 40. — Created 1972
Ky. Acts ch. 116, sec. 60.
Legislative Research Commission Note (12/13/2018). On December 13, 2018, the
Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch.
107), did not comply with the three-readings rule of Kentucky Constitution Section
46 and that the legislation is, therefore, constitutionally invalid and declared void.
That ruling applies to changes made to this statute in that Act.
(a) As provided in KRS § 6.696; and
Terms Used In Kentucky Statutes 61.692
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Contract: A legal written agreement that becomes binding when signed.
- 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.
(b) The General Assembly reserves the right to amend, reduce, or suspend any legislative changes to the provisions of KRS § 61.510 to KRS § 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 KRS § 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 KRS § 61.705 that the General Assembly had the authority to amend, reduce, or suspend, prior to July
1, 2013.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 107, sec. 33, effective July 14, 2018. — Amended
2013 Ky. Acts ch. 120, sec. 70, effective July 1, 2013. — Amended 1996 Ky. Acts ch.
167, sec. 21, effective July 15, 1996. — Amended 1993 (1st Extra. Sess.) Ky. Acts ch.
4, sec. 78, effective September 16, 1993. — Amended 1988 Ky. Acts ch. 349, sec. 29, effective July 15, 1988. — Amended 1976 Ky. Acts ch. 321, sec. 40. — Created 1972
Ky. Acts ch. 116, sec. 60.
Legislative Research Commission Note (12/13/2018). On December 13, 2018, the
Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch.
107), did not comply with the three-readings rule of Kentucky Constitution Section
46 and that the legislation is, therefore, constitutionally invalid and declared void.
That ruling applies to changes made to this statute in that Act.