§ 61.010 Office not to be sold — Penalty — Contracts to sell are void
§ 61.012 Qualification for appointive office or position as to compliance with campaign finance laws
§ 61.015 Residence requirements for office or employment when city or district boundaries altered
§ 61.020 Commissions, which officers required to have
§ 61.030 Discharge of duties, when officer to enter upon
§ 61.035 Deputy may act for ministerial officer
§ 61.040 Conviction of certain crimes vacates office — Pardon does not avoid
§ 61.050 Officer’s acts before conviction are valid
§ 61.060 Official acts may be questioned collaterally, when
§ 61.070 Eligibility of General Assembly member or candidate as administrative board or commission member
§ 61.080 Incompatible offices
§ 61.090 Acceptance of incompatible office vacates first
§ 61.097 Involvement of local government officers, employees, and their spouses in contracts for solid waste management facilities — Effect on contract — Penalties
§ 61.098 Practice of law prohibited
§ 61.100 Dueling disqualifies person to hold office
§ 61.101 Definitions
§ 61.102 Reprisal against public employee for disclosure of violations of law prohibited — Construction of statute
§ 61.103 Definitions of “disclosure” and “contributing factor” — Civil action by employee authorized — Evidence
§ 61.110 State officers at capital may retain residence in home district
§ 61.120 Salary — Deduction from for failure to perform duty
§ 61.130 Salary of county attorney, county judge/executive or Commonwealth’s attorney — How deducted
§ 61.150 Member of General Assembly — How salary deducted
§ 61.160 Closing public offices
§ 61.165 Smoking policy for governmental office buildings or workplaces and postsecondary education institutions
§ 61.167 Smoking prohibited in public areas of Capitol and Capitol Annex — “Public area” defined — Each branch may designate smoking areas — Requirements for smoking area
§ 61.168 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
§ 61.169 Attorney representing person or entity involved in body-worn camera recording incident — Right to view copy of recording — Limitations — Sanctions
§ 61.170 Malfeasance or neglect of county officers — Penalty
§ 61.180 Drunkenness of officer on duty — Penalty
§ 61.200 Jury fees, penalty for buying
§ 61.210 Justices, county judges/executive, county attorneys, and mayors or council members of consolidated local government not to be interested in public improvements — Penalty
§ 61.220 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
§ 61.230 Sheriff and collector not to be interested in public improvements or claims against state or county — Penalty
§ 61.240 County attorney and clerks not to buy claims against county — Penalty
§ 61.251 Definitions for KRS 61.252
§ 61.252 Prohibition against city officers and employees contracting with city or city agency for property or services — Exceptions — Penalty
§ 61.298 Required written police pursuit policies — Subjects to be addressed — Filing with Justice and Public Safety Cabinet — Officers’ written confirmation of receipt — Annual review — Purpose
§ 61.300 Nonelective peace officer or deputy — Qualifications
§ 61.310 Compensation of peace officers — Other employment — Gratuities — Penalties
§ 61.315 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 regulatio
§ 61.320 County road officials to turn over money to successor — Penalty for failure
§ 61.330 Chief state school officer to deliver effects to successor — Penalty
§ 61.340 County or city clerk to deliver records to successor — Penalty for failure
§ 61.350 Cemetery companies and burying grounds, penalty for failure to enforce laws relating to
§ 61.360 Special local peace officers — Appointment — Fee — Qualifications — Removal — Duties — Not to impersonate public police officer
§ 61.362 Agreement permitting peace officers to patrol private residential property to enforce state and local traffic and motor vehicle laws
§ 61.365 Named federal employees deemed peace officers in Kentucky
§ 61.371 Definitions for KRS 61.371 to 61.377
§ 61.373 Restoration of public employee to position after military duty — Right to leave of absence — Appeals
§ 61.375 Restored employee discharged only for cause for year — Seniority
§ 61.377 Leaves of absence to permit induction in military service
§ 61.380 Certain counties may pay attendance expenses of officers at conferences, meetings or hearings — Statement of expenses to be filed
§ 61.385 Certain counties may reimburse officers and employees for use of personal motor vehicles on official business
§ 61.387 Equipment of conspicuously marked law enforcement vehicles used for transportation of prisoners
§ 61.390 Facsimile signatures and seals on certain public securities — Options
§ 61.392 Cabinets to report to Legislative Research Commission on number of full-time employees and full-time equivalents working under contract
§ 61.394 State employees’ leave of absence — Pay — Unused military leave
§ 61.395 Leave time for state employee who is disaster services volunteer — Short title
§ 61.396 Employees of political subdivisions eligible
§ 61.400 Suspension or removal of judge
§ 61.405 Use of excess fees by county sheriff or county clerk for health insurance or health maintenance organization coverage
§ 61.407 Transfer of leave balances and retirement service credits from unified prosecutorial system to executive branch
§ 61.409 Law enforcement agency not to establish requirements for employees relating to residency or voter registration — Exceptions — Application
§ 61.410 Declaration of policy
§ 61.420 Definitions for KRS 61.410 to 61.500
§ 61.430 Federal-state agreement
§ 61.435 Referendum on coverage under agreement — Separate system for state colleges
§ 61.440 Interstate instrumentalities
§ 61.450 Contributions by state employees
§ 61.460 Plans for coverage of employees of political subdivisions
§ 61.470 Contribution fund and contingent liability fund
§ 61.480 State contributions authorized
§ 61.490 Rules and regulations
§ 61.500 Retroactive effect of KRS 61.410 to 61.500
§ 61.505 Kentucky Public Pensions Authority — Purpose — Membership, vacancies, compensation, and meetings — Authority granted powers and privileges of corporation — Executive director, internal auditor, and employees — Expenses — Authorization of admin
§ 61.510 Definitions for KRS 61.510 to 61.705
§ 61.515 Retirement system established — Fund created
§ 61.520 Participation determined by board and fixed by executive order — Authority for order
§ 61.522 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
§ 61.523 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.”
§ 61.525 Membership
§ 61.526 Employee and employer may file statement of facts at retirement office — Procedures for verification
§ 61.527 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
§ 61.530 Nonelection of membership — Penalty
§ 61.535 Cessation of membership — Conditions — Forfeiture of retirement benefits
§ 61.540 Statement of member and employer — Summary plan description
§ 61.541 Creditable compensation of fee officers
§ 61.542 Designation of principal and contingent beneficiaries — Rights — Effects of change in certain conditions — Designation following cessation of membership
§ 61.543 Deduction or pick-up of employee contributions — Service credit — Educational leave
§ 61.545 Service credit determination — Division of service credit
§ 61.546 Sick leave for employees who began participating before January 1, 2014. (Declared void — See LRC Note Below)
§ 61.547 Transfer of annual and sick leave balances by employees
§ 61.550 Cessation of membership — Loss of allowance and benefits
§ 61.552 Credit for service — Purchases and grants
§ 61.553 Service credit — Police
§ 61.557 Service credit — United States employment service
§ 61.559 Service required for retirement allowance of members who began participating before January 1, 2014
§ 61.560 Employee’s contribution — Rate — Picked-up employee contributions
§ 61.565 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
§ 61.567 Employer’s contributions by credit union
§ 61.569 Reinstated employee — Contributions on creditable compensation
§ 61.570 Fund assets
§ 61.575 Members’ account — Interest — Transfer of account balance to retirement allowance account
§ 61.580 Retirement allowance account
§ 61.590 Filing of Notification of Retirement and Estimated Retirement Allowance forms — Selection of payment option — Effective date
§ 61.592 Retirement of persons working in hazardous positions
§ 61.593 Retirement allowance of former member in hazardous position
§ 61.595 Annual retirement allowance — Limitations
§ 61.5955 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
§ 61.597 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
§ 61.598 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 compe
§ 61.599 Calculation of retirement allowance for members of Kentucky Employees Retirement System
§ 61.5991 Quasi-governmental employers participating in KERS — Required reports — Audits — Legislative intent regarding future appropriations to subsidize retirement costs — Non-core services independent contractor
§ 61.600 Disability retirement
§ 61.605 Disability retirement allowance
§ 61.607 Maximum disability benefit — Determination — Combined payments not increased as a result of legislation — Annual report by disability recipient
§ 61.610 Employment and medical review after disability retirement — Filing of review forms — Duty of system to assist in obtaining records — Disability fraud investigator
§ 61.615 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
§ 61.621 Fred Capps Memorial Act — Eligibility for benefits for duty-related injury — Benefits for surviving spouse and dependent children — Receipt of benefits pending final determination
§ 61.623 Electronic fund transfer of retirement allowance required — Exceptions
§ 61.625 Refund of account balance or contributions
§ 61.630 Death after retirement — Refund of contributions
§ 61.635 Optional retirement plans
§ 61.637 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 servi
§ 61.640 Death before retirement — Beneficiary’s options — Taxable distributions
§ 61.645 Board of trustees — Powers — Members — Chief executive officer, general counsel, and other employees — Appeals — Other duties — Limitation on Governor’s authority — Annual Comprehensive Financial Report — Trustee education program — Informa
§ 61.646 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
§ 61.650 Board is trustee of funds — Investment committee — Standards of conduct —- Registration of securities — Control over assets in custodial account — Application of open records law — Cap on amount of assets managed by any one investment manager
§ 61.652 Administration of all excess benefit plans — Participation in plan — Determination of benefit amount — Required contribution of plans
§ 61.655 Conflict of interest — Trustees, employees, members of General Assembly, public servants
§ 61.660 Custodian of funds — Cash and securities
§ 61.661 Member’s account confidential — Release of certain information from accounts of current or former legislators — Response to subpoenas
§ 61.663 Excess benefit plan — Purpose — Excess benefit fund
§ 61.665 Medical examiners — Ruling on disability retirement — Appeal
§ 61.670 Duties of board — Actuarial tables, valuations, investigations, and analyses — Audit — Actuary for Legislative Research Commission
§ 61.675 Employer’s administrative duties — Audit — Filing of contributions and reports — Delinquency in making installment payments
§ 61.680 Consent of employees to deductions — Consolidation for determination of eligibility and determination of benefits — Waiver — Choice among retirement systems — Reciprocal arrangements
§ 61.685 Records — Audits — System’s authority to enforce its powers — Limitation of liability — Fraudulent claims to obtain benefits — Investigation, enforcement, and penalties
§ 61.690 Exemption of retirement allowances — Taxability after December 31, 1997 — Domestic relations orders
§ 61.691 Increase of benefits
§ 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)
§ 61.699 System’s ability to require statements under oath
§ 61.701 Kentucky Retirement Systems insurance trust fund — Purpose — Participation, regulation, and termination
§ 61.702 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 ta
§ 61.703 Collection of benefit less than $1,000 by surviving relative
§ 61.705 Death benefit — Designation of beneficiary — Debt owed at death — Assignment of benefit
§ 61.706 Kentucky Retirement Systems unfunded liability trust fund
§ 61.710 Persons subject to KRS 61.710 to 61.780
§ 61.720 Definitions
§ 61.730 Date for filing reports
§ 61.740 Information required to be filed
§ 61.750 Reports are public records — Publication of names of persons failing to file
§ 61.760 Registry may appoint employees, adopt regulations, hold hearings
§ 61.770 Registry may institute action to declare vacancy upon determination violation occurred
§ 61.780 Construction
§ 61.791 Definitions for KRS 61.791 to 61.799
§ 61.793 Prohibition against disclosure of personal information
§ 61.795 Exemptions to prohibition against disclosure of personal information
§ 61.797 Civil action for violation — Damages
§ 61.799 Severability clause
§ 61.800 Legislative statement of policy
§ 61.805 Definitions for KRS 61.805 to 61.850
§ 61.810 Exceptions to open meetings
§ 61.815 Requirements for conducting closed sessions
§ 61.820 Schedule of regular meetings to be made available
§ 61.823 Special meetings — Emergency meetings
§ 61.826 Video teleconferencing of meetings
§ 61.835 Minutes to be recorded — Open to public
§ 61.840 Conditions for attendance
§ 61.846 Enforcement by administrative procedure — Appeal
§ 61.848 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
§ 61.850 Construction
§ 61.870 Definitions for KRS 61.870 to 61.884
§ 61.871 Policy of KRS 61.870 to 61.884 — Strict construction of exceptions of KRS 61.878
§ 61.8715 Legislative findings
§ 61.872 Right of Kentucky residents to inspect public records — Written application — Limitation
§ 61.874 Abstracts, memoranda, copies — Agency may prescribe fee — Use of nonexempt public records for commercial purposes — Online access
§ 61.8745 Damages recoverable by public agency for person’s misuse of public records
§ 61.8746 Commercial use of booking photographs or official inmate photographs prohibited — Conditions — Right of action — Damages
§ 61.876 Agency to adopt rules and regulations — Standardized form to request public records
§ 61.878 Certain public records exempted from inspection except on order of court — Restriction of state employees to inspect personnel files prohibited
§ 61.880 Denial of inspection — Role of Attorney General
§ 61.882 Jurisdiction of Circuit Court in action seeking right of inspection — Burden of proof — Costs — Attorney fees
§ 61.884 Person’s access to record relating to him
§ 61.886 Appointment and commissioning of peace officers for the Breaks Interstate Park Commission and the Tennessee Valley Authority
§ 61.8865 State parks’ commissioner to ensure recommended commission peace officers meet certain requirements — Training and equipment expenses
§ 61.887 Powers of TVA and commission peace officers
§ 61.888 Cessation of powers
§ 61.889 Bond — Oath — Copies of bonds to be recorded
§ 61.890 Compensation
§ 61.891 Identification
§ 61.892 Disposition of persons arrested by TVA peace officer
§ 61.900 Definitions for KRS 61.902 to 61.930
§ 61.902 Appointment of special law enforcement officers by secretary
§ 61.904 Administration — Administrative regulations — Employees
§ 61.906 Requirements for appointment
§ 61.908 Fees
§ 61.910 Revocation or suspension of commission
§ 61.912 Power of arrest
§ 61.914 Other powers
§ 61.916 Use of deadly force to make an arrest
§ 61.918 Use of force less than deadly force
§ 61.920 Area of jurisdiction of special officer
§ 61.922 Construction
§ 61.924 Use of public emergency vehicles
§ 61.926 Special officers designated peace officers — Authorization to carry a concealed deadly weapon
§ 61.930 Citation of act
§ 61.9305 Working group on facial recognition technology — Members — Duties — Use policy requirements for law enforcement agencies that use facial recognition technology
§ 61.9307 Tik Tok application — Prohibition on use on state-owned networks and devices by executive and legislative branch employees and contractors — Exceptions
§ 61.931 Definitions for KRS 61.931 to 61.934
§ 61.932 Personal information security and breach investigation procedures and practices for certain public agencies and nonaffiliated third parties
§ 61.933 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
§ 61.934 Personal information security and breach investigation procedures and practices for legislative and judicial branches — Personal information disposal or destruction procedures
§ 61.980 Definitions for KRS 61.980 to 61.988
§ 61.982 Access requirements for state information technology equipment and software
§ 61.984 Procurement of information technology — Technology access contract clause — Alternative and nonvisual access standards
§ 61.986 Exclusion of technology access clause — Conditions — Exempting from access requirements — Compliance of existing equipment or software
§ 61.988 Action for injunctive relief for injury due to violation of KRS 61.980 to 61.988
§ 61.990 Penalties
§ 61.991 Penalties
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Terms Used In Kentucky Statutes > Chapter 61 - General Provisions as to Offices and Officers -- Social Security for Public Employees -- Employees Retirement System

  • Account: means either of the three (3) accounts created under KRS §. See Kentucky Statutes 304.42-050
  • Adjuster: means any person required to be licensed as an adjuster under Subtitle 9 of this chapter, who for a fee or compensation investigates or settles claims arising under contracts issued by a workers' compensation self-insured group on behalf of either the group member or the group. See Kentucky Statutes 304.50-015
  • Administrator: means the organization designated by the commissioner of the department to administer the fund. See Kentucky Statutes 304.44-010
  • 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.
  • Agent: means an individual or business entity required to be licensed by the Department of Insurance under Subtitle 9 of this chapter, to sell or solicit applications for insurance or to negotiate insurance contracts. See Kentucky Statutes 304.50-015
  • agent: includes managing general agent unless the context requires otherwise. See Kentucky Statutes 304.9-085
  • Allegation: something that someone says happened.
  • Amortization: Paying off a loan by regular installments.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • any other state: includes any state, territory, outlying possession, the District of Columbia, and any foreign government or country. See Kentucky Statutes 446.010
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assessment: means a levy made on members of the group to fund deficiencies. See Kentucky Statutes 304.50-015
  • Association: means the Joint Underwriting Association established pursuant to the provisions of this subtitle. See Kentucky Statutes 304.41-020
  • Association: means the Kentucky Life and Health Insurance Guaranty Association created under KRS §. See Kentucky Statutes 304.42-050
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • authorized: when used in the context of assessments means a resolution by the board of directors has been passed whereby an assessment will be called immediately or in the future from member insurers for a specific amount. See Kentucky Statutes 304.42-050
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • 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
  • Benefit plan: means a specific employee, union, or association of natural persons benefit plan. See Kentucky Statutes 304.42-050
  • Biennium: means the two (2) year period commencing on July 1 in each even- numbered year and ending on June 30 in the ensuing even-numbered year. See Kentucky Statutes 446.010
  • Blanket travel insurance: means a policy of travel insurance issued to any eligible group providing coverage for specific classes of persons defined in the policy, with coverage provided to all members of the eligible group without a separate charge to individual members of the eligible group. See Kentucky Statutes 304.52-010
  • board: means the governing body of a risk retention group elected by its owners to establish policy, elect or appoint officers and committees, and make other governing decisions. See Kentucky Statutes 304.45-020
  • Bona fide trade association: means an association of employers created for a noninsurance trade purpose and which has been operating in the Commonwealth for at least two (2) years prior to its sponsorship of a self-insured group. See Kentucky Statutes 304.50-015
  • branch budget: means an enactment by the General Assembly which provides appropriations and establishes fiscal policies and conditions for the biennial financial plan for the judicial branch, the legislative branch, and the executive branch, which shall include a separate budget bill for the Transportation Cabinet. See Kentucky Statutes 446.010
  • Business trust: includes , except when utilized in KRS Chapter 386, a "statutory trust" as organized under KRS Chapter 386A. See Kentucky Statutes 446.010
  • called: when used in the context of assessments means that a notice has been issued by the association to member insurers requiring that an authorized assessment be paid within the time frame set forth within the notice. See Kentucky Statutes 304.42-050
  • Cancellation fee waiver: means a contractual agreement between a supplier of travel services and its customer to waive some or all of the non-refundable cancellation fee provisions of the supplier's underlying travel contract with or without regard to the reason for the cancellation or form of reimbursement. See Kentucky Statutes 304.52-010
  • Certificate holder: means an individual person who elects and purchases group travel insurance. See Kentucky Statutes 304.52-010
  • Certificate of filing: means the certificate issued to a workers' compensation self- insured group to indicate that it has complied with the provisions of this subtitle which are prerequisites to its operation. See Kentucky Statutes 304.50-015
  • 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
  • Chambers: A judge's office.
  • City: includes town. See Kentucky Statutes 446.010
  • Commissioner: means the commissioner of the Department of Insurance. See Kentucky Statutes 304.41-020
  • Commissioner: means the commissioner of the Kentucky Department of Insurance or the insurance supervisor of another state. See Kentucky Statutes 304.45-020
  • Committee amendment: An amendment recommended by a committee in reporting a bill or other measure.
  • Committee substitute: Short for committee amendment in the nature of a substitute.
  • Common interests: means employers that are engaged in similar activities, share common standard industrial classification codes and common risk factors. See Kentucky Statutes 304.50-015
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Completed operations liability: means liability arising out of the installation, maintenance, or repair of any product at a site which is not owned or controlled by:
    (a) Any person who performs that work. See Kentucky Statutes 304.45-020
  • Consultant: means an individual, required to be licensed under Subtitle 9 of this chapter, who as an independent contractor in relation to his or her client, for fee or compensation other than from a workers' compensation self-insured group, in any manner advises or purports to advise any person actually or prospectively a member of such a group concerning coverage, advisability, rights, or interests under the contract or relative to the retention, exchange, surrender, or exercise of rights thereunder. See Kentucky Statutes 304.50-015
  • Contingent beneficiary: Receiver of property or benefits if the first named beneficiary fails to receive any or all of the property or benefits in question before his (her) death.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Coverage form: means coverage contract forms, endorsements, applications, indemnity agreements, clauses, riders, and all other documents regarding coverage. See Kentucky Statutes 304.50-015
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Deficiency: means that the self-insured group's assets are insufficient to enable the group to discharge its legal liabilities and other obligations and maintain the reserves required under this subtitle, or that the group has a negative members' fund balance. See Kentucky Statutes 304.50-015
  • Deficit: means the amount of any deficiency in the self-insured group or group self-insurance fund. See Kentucky Statutes 304.50-015
  • Department: means the Department of Insurance. See Kentucky Statutes 304.44-010
  • Dependent: A person dependent for support upon another.
  • 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.
  • Director: means a natural person designated in the articles of a risk retention group, or designated, elected, or appointed by any other manner, name, or title to act as a director. See Kentucky Statutes 304.45-020
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Docket: A log containing brief entries of court proceedings.
  • Donor: The person who makes a gift.
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Eligible group: means two (2) or more persons who are engaged in a common enterprise, or have an economic, educational, or social affinity or relationship, including but not limited to the following:
    (a) 1. See Kentucky Statutes 304.52-010
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Employee: means those persons covered under the provisions of KRS §. See Kentucky Statutes 304.50-015
  • Employer: means an employer mandatorily subject to and required to comply with the provisions of KRS Chapter 342, and those voluntarily covering excluded employees pursuant to KRS §. See Kentucky Statutes 304.50-015
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Extracontractual claims: include but are not limited to claims relating to bad faith in the payment of claims, punitive or exemplary damages, and attorneys' fees and costs. See Kentucky Statutes 304.42-050
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal agent: means a person or legal entity, other than a service organization or employees or agents of a service organization, designated by the trustees to receive, invest, and disburse the self-insured group's funds. See Kentucky Statutes 304.50-015
  • 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.
  • Foreign: when applied to a corporation, partnership, limited partnership, business trust, statutory trust, or limited liability company, includes all those incorporated or formed by authority of any other state. See Kentucky Statutes 446.010
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Forms: means coverage contract forms, endorsements, applications, indemnity agreements, clauses, riders, articles of association, articles of incorporation, trust agreements or bylaws of the proposed group, and all other documents regarding coverage and membership. See Kentucky Statutes 304.50-015
  • Fraud: Intentional deception resulting in injury to another.
  • Fulfillment materials: means documentation sent to the purchaser of a travel protection plan confirming the purchase and providing the travel protection plan's travel insurance coverage and travel assistance services details. See Kentucky Statutes 304.52-010
  • fund: means the fund established by this subtitle and administered as determined by the department. See Kentucky Statutes 304.44-010
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governmental entities: means cities, counties, urban-county governments, charter county governments, consolidated local governments, school districts, and other political subdivisions of the Commonwealth, and their boards, agencies, authorities, and commissions. See Kentucky Statutes 304.50-015
  • Group members: means employers who have joined a self-insured group. See Kentucky Statutes 304.50-015
  • Group self-insurance fund: means the contractual arrangement whereby twenty (20) or more employers with common interests or two (2) or more governmental entities associate to jointly self-insure their workers' compensation liability. See Kentucky Statutes 304.50-015
  • Group travel insurance: means travel insurance issued to any eligible group. See Kentucky Statutes 304.52-010
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Hazardous financial condition: means a condition in which, based on its present or reasonably anticipated financial condition, a risk retention group, although not yet financially impaired or insolvent, is unlikely to be able:
    (a) To meet obligations to policyholders with respect to known claims and reasonably anticipated claims. See Kentucky Statutes 304.45-020
  • Impaired insurer: means a member insurer which, after June 17, 1978, is not an insolvent insurer and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. See Kentucky Statutes 304.42-050
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • insolvency: means the inability of a self-insured group to pay its outstanding lawful obligations as they mature in the regular course of business, or to hold sufficient assets to prospectively pay all incurred workers' compensation benefits when due. See Kentucky Statutes 304.50-015
  • Insolvent insurer: means a member insurer which after June 17, 1978, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency. See Kentucky Statutes 304.42-050
  • Insurance: means primary insurance, excess insurance, reinsurance, surplus lines insurance, and any other arrangement for shifting and distributing risks which is determined to be insurance under the laws of this state. See Kentucky Statutes 304.45-020
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legal professional liability insurance: means insurance as defined in KRS §. See Kentucky Statutes 304.41-020
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Limited lines travel insurance producer: means a:
    (a) Licensed managing general agent. See Kentucky Statutes 304.52-010
  • managing general agent: is a n individual or business entity appointed by an insurer to solicit applications from agents for insurance contracts or to negotiate insurance contracts on behalf of an insurer and, if authorized to do so by an insurer, to effectuate and countersign insurance contracts. See Kentucky Statutes 304.9-085
  • Material relationship: includes but is not limited to:
    (a) The receipt in any one (1) twelve (12) month period by a person, a member of the person's immediate family, or any business with which the person is affiliated of compensation or payment of any other item of value from the risk retention group or a consultant or service provider to the risk retention group that exceeds or equals the greater of the following, as measured at the end of any fiscal quarter falling in the twelve (12) month period:
    1. See Kentucky Statutes 304.45-020
  • Material service provider contract: means a contract between a risk retention group and a service provider where the amount to be paid for the contract exceeds or equals the greater of the following:
    (a) Five percent (5%) of the risk retention group's annual gross written premium. See Kentucky Statutes 304.45-020
  • Member insurer: means any insurer or health maintenance organization licensed or authorized to transact in this state any kind of insurance or health maintenance organization business for which coverage is provided under KRS §. See Kentucky Statutes 304.42-050
  • Mine subsidence: means the collapse of underground coal mines resulting in direct damage to a structure. See Kentucky Statutes 304.44-010
  • Month: means calendar month. See Kentucky Statutes 446.010
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Partnership: includes both general and limited partnerships. See Kentucky Statutes 446.010
  • Person: means any individual, corporation, limited liability company, partnership, association, governmental body or entity, or voluntary organization. See Kentucky Statutes 304.42-050
  • Person: includes , but is not limited to, any individual, partnership, association, limited liability company, trust, or corporation. See Kentucky Statutes 304.50-015
  • Personal property: All property that is not real property.
  • Personal risk liability: means liability for damages because of injury to any person, damage to property, or other loss or damage arising from any personal, familial, or household responsibilities or activities, rather than from responsibilities or activities referred to in subsection (8) of this section. See Kentucky Statutes 304.45-020
  • Petit jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plan of operation or a feasibility study: means an analysis which presents the expected activities and results of a risk retention group, including, at a minimum:
    (a) Information sufficient to verify that its members are engaged in businesses or activities similar or related with respect to the liability to which its members are exposed by virtue of any related, similar, or common business, trade, product, services, premises, or operations. See Kentucky Statutes 304.45-020
  • Plan sponsor: means :
    (a) The employer in the case of a benefit plan established or maintained by a single employer. See Kentucky Statutes 304.42-050
  • Policy: means a contract of insurance providing mine subsidence insurance. See Kentucky Statutes 304.44-010
  • Policyholder: means an individual person who elects and purchases individual
    travel insurance. See Kentucky Statutes 304.52-010
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Premium: means the gross rate charged policyholders for insurance provided by this subtitle. See Kentucky Statutes 304.44-010
  • Premium: means the amount of money charged each member of the self-insured group to fund the obligations and expenses of the self-insured group. See Kentucky Statutes 304.50-015
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
  • public funds: means sums actually received in cash or negotiable instruments from all sources unless otherwise described by any state agency, state- owned corporation, university, department, cabinet, fiduciary for the benefit of any form of state organization, authority, board, bureau, interstate compact, commission, committee, conference, council, office, or any other form of organization whether or not the money has ever been paid into the Treasury and whether or not the money is still in the Treasury if the money is controlled by any form of state organization, except for those funds the management of which is to be reported to the Legislative Research Commission pursuant to KRS §. See Kentucky Statutes 446.010
  • Purchasing group: means any group which:
    (a) Has as one (1) of its purposes the purchase of liability insurance on a group basis. See Kentucky Statutes 304.45-020
  • Qualified actuary: means an associate or fellow of the Casualty Actuarial Society. See Kentucky Statutes 304.50-015
  • Quorum: The number of legislators that must be present to do business.
  • Rate: means the expected value of the future cost of insurance per exposure unit
    which accounts for the treatment of losses, expenses, and profit prior to any
    application of individual risk variations based on loss or expense considerations, but does not include minimum premium. See Kentucky Statutes 304.50-015
  • real estate: includes lands, tenements, and hereditaments and all rights thereto and interest therein, other than a chattel interest. See Kentucky Statutes 446.010
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Receivership court: means the court in the insolvent or impaired insurer's state having jurisdiction over the conservation, rehabilitation, or liquidation of the member insurer. See Kentucky Statutes 304.42-050
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Resident: means any person to whom a contractual obligation is owed and who resides in this state on the date when a member insurer is determined to be an impaired or insolvent insurer, whichever occurs first. See Kentucky Statutes 304.42-050
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Risk retention group: means any corporation or other limited liability association: (a) Whose primary activity consists of assuming and spreading all, or any portion,
    of the liability exposure of its group members. See Kentucky Statutes 304.45-020
  • Self-insurance year: means the annual period of certification of the self-insured group authorized under KRS §. See Kentucky Statutes 304.50-015
  • Self-insured group: means a group self-insurance fund. See Kentucky Statutes 304.50-015
  • Service organization: means a person or entity that provides services to a self- insured group and includes claims adjustment, safety engineering, statistical compilation, preparation of premium charges, loss and tax reports or other reports required by the commissioner, administration of the self-insured group, marketing services, placement of excess insurance, development of member payroll audits, administration of investments, or legal assistance. See Kentucky Statutes 304.50-015
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Specific excess insurance: means an insurance policy which insures the amount of a claim from one (1) occurrence involving one (1) or more employees or employers in the same occurrence or incident of exposure in excess of a specified dollar amount to a stated limit. See Kentucky Statutes 304.50-015
  • State: means a state, the District of Columbia, Puerto Rico, and a United States possession, territory, or protectorate. See Kentucky Statutes 304.42-050
  • State: means any state of the United States or the District of Columbia. See Kentucky Statutes 304.45-020
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Structure: means any dwelling, building, or fixture permanently affixed to realty, but does not include land, trees, plants, or crops. See Kentucky Statutes 304.44-010
  • Subpoena: A command to a witness to appear and give testimony.
  • Sworn: includes "affirmed" in all cases in which an affirmation may be substituted for an oath. See Kentucky Statutes 446.010
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Trustees: means persons elected by the group members or appointed by the board of directors of the sponsoring trade association or association of governmental entities to oversee the administration of the self-insured group. See Kentucky Statutes 304.50-015
  • Unallocated annuity contract: means any annuity contract or group annuity certificate which is not issued to and owned by an individual, except to the extent of any annuity benefits guaranteed to an individual by an insurer under such contract or certificate. See Kentucky Statutes 304.42-050
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Violate: includes failure to comply with. See Kentucky Statutes 446.010
  • Year: means calendar year. See Kentucky Statutes 446.010