Kentucky Statutes 21.480 – KRS 21.350 to 21.510 creates vested interest for members who began participating before January 1, 2014 — Exception — Amendment of benefits and rights
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(1) For members who begin participating in the Judicial Retirement Plan 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 through the inducement of qualified and experienced judges and commissioners to continue in service, KRS § 21.350 to KRS § 21.510, except as provided in KRS § 6.696, shall constitute an inviolable contract of the Commonwealth, and the rights and benefits provided therein shall, not be subject to reduction or impairment by alteration, amendment or repeal, except as provided in KRS § 6.696.
(2) (a) For members who begin participating in the Judicial Retirement Plan on or after January 1, 2014, the General Assembly reserves the right to amend, suspend, or reduce the benefits and rights provided under KRS § 21.345 to
21.580 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
21.345 to 21.580, for members who begin participating in the Judicial Retirement Plan on or after January 1, 2014, except the benefits specified by paragraph (b) of this subsection.
(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 Judicial Retirement Plan as provided by KRS § 21.345 to KRS § 21.580 that the General Assembly had the authority to amend, reduce, or suspend, prior to July 1, 2013.
Effective: July 14, 2022
History: Repealed, reenacted, and amended 2022 Ky. Acts ch. 55, sec. 10, effective July 14, 2022. — Amended 2018 Ky. Acts ch. 107, sec. 11, effective July 14, 2018. — Amended 2013 Ky. Acts ch. 120, sec. 31, effective July 1, 2013. — Amended 1993 (1st Extra. Sess.) Ky. Acts ch. 4, sec. 76, effective September 16, 1993. — Created
1960 Ky. Acts ch. 84, Art. III, sec. 14.
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.
(2) (a) For members who begin participating in the Judicial Retirement Plan on or after January 1, 2014, the General Assembly reserves the right to amend, suspend, or reduce the benefits and rights provided under KRS § 21.345 to
Terms Used In Kentucky Statutes 21.480
- 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.
21.580 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
21.345 to 21.580, for members who begin participating in the Judicial Retirement Plan on or after January 1, 2014, except the benefits specified by paragraph (b) of this subsection.
(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 Judicial Retirement Plan as provided by KRS § 21.345 to KRS § 21.580 that the General Assembly had the authority to amend, reduce, or suspend, prior to July 1, 2013.
Effective: July 14, 2022
History: Repealed, reenacted, and amended 2022 Ky. Acts ch. 55, sec. 10, effective July 14, 2022. — Amended 2018 Ky. Acts ch. 107, sec. 11, effective July 14, 2018. — Amended 2013 Ky. Acts ch. 120, sec. 31, effective July 1, 2013. — Amended 1993 (1st Extra. Sess.) Ky. Acts ch. 4, sec. 76, effective September 16, 1993. — Created
1960 Ky. Acts ch. 84, Art. III, sec. 14.
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.