Kentucky Statutes 6.525 – Statutes governing plan — Exceptions — Consolidation of accounts — Combining service credit
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The Legislators’ Retirement Plan shall be governed by KRS § 21.560 and by provisions identical in terms with those provided in KRS § 21.345(1), 21.345(3) to (6), 21.357,
21.360(1), 21.370 to 21.410, 21.374, 21.420, 21.425, 21.450, 21.460, 21.470, 21.480,
21.525, 21.540, and 61.552 for the Judicial Retirement Plan, except that:
(1) Five (5) years of service as a legislator will be sufficient for vesting; and
(2) (a) A member of the Legislators’ Retirement Plan may combine his or her service credit with his or her service credit in the Teachers’ Retirement System, Kentucky Employees Retirement System, County Employees Retirement System, and State Police Retirement System at the time of his or her retirement, according to the procedure of KRS § 61.680(2)(a), except that the salary used to determine final compensation, if applicable, shall be based on the creditable compensation in KRS § 61.510(13) for service while a member of the General Assembly whether or not a member of the Legislators’ Retirement Plan.
(b) For members contributing on or after June 20, 2005, but prior to January 1,
2014: Upon 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 shall be consolidated for the purpose of determining eligibility and amount of benefits as provided in KRS § 61.680(2)(a) and in the same manner as for the other retirement systems using the highest salary regardless of the system in which it was earned. For purposes of this paragraph, “retirement” means the month in which the member elects to begin receiving benefits or benefits become payable due to the member’s death.
(c) A member who has an account in the Legislators’ Retirement Plan and the Judicial Retirement Plan may combine his or her service in both plans for purposes of determining:
1. Eligibility and the amount of benefits; and
2. Final compensation, provided the member began participating in the
Legislators’ Retirement Plan prior to January 1, 2014.
(d) A member who began participating in the Legislators’ Retirement Plan prior to January 1, 2014, may retire at the completion of twenty-seven (27) or more years of combined service credit, so long as at least fifteen (15) years of such credit were earned after January 1, 1960, and there shall be no reduction in the retirement allowance because of retirement before the age of sixty-five (65).
(e) For the purposes of this section, any reference in the KRS sections listed above to the Judicial Retirement Plan shall also be read as a reference to the Legislators’ Retirement Plan, and any reference to the Legislators’ Retirement Plan shall also be read as a reference to the Judicial Retirement Plan.
(3) Any other statute to the contrary notwithstanding, a member of any state- administered retirement system who has ceased to qualify for membership but
subsequently returns to a qualified status, shall, for the purposes of determining the date of entry into the state-administered retirement system for the subsequent period or periods of service, be deemed to have never left the retirement system.
Effective: July 14, 2022
History: Repealed, reenacted, and amended 2022 Ky. Acts ch. 55, sec. 6, effective July
14, 2022. — Amended 2018 Ky. Acts ch. 107, sec. 4, effective July 14, 2018. — Amended 2017 Ky. Acts ch. 125, sec. 9, effective March 27, 2017. — Amended 2016
Ky. Acts ch. 12, sec. 2, effective July 15, 2016. — Amended 2013 Ky. Acts ch. 120, sec. 17, effective July 1, 2013. — Amended 2010 Ky. Acts ch. 148, sec. 1, effective July 15, 2010. — Amended 2005 Ky. Acts ch. 86, sec. 5, effective June 20, 2005. — Amended 2003 Ky. Acts ch. 128, sec. 3, effective June 24, 2003. — Amended 2002
Ky. Acts ch. 90, sec. 5, effective July 15, 2002. — Amended 1998 Ky. Acts ch. 389, sec. 5, effective July 15, 1998. — Amended 1996 Ky. Acts ch. 31, sec. 1, effective July 15, 1996. — Amended 1994 Ky. Acts ch. 266, sec. 7, effective July 15, 1994. — Amended 1990 Ky. Acts ch. 489, sec. 14, effective July 13, 1990. — Amended 1988
Ky. Acts ch. 299, sec. 5, effective July 15, 1988. — Amended 1982 Ky. Acts ch. 326, sec. 13, effective July 1, 1982; and ch. 458, sec. 5, effective April 15, 1982. — Created 1980 Ky. Acts ch. 407, sec. 16, effective July 1, 1980.
Legislative Research Commission Note (7/1/2013). Section 17 of 2013 Ky. Acts ch.
120 amended the opening sentence of this statute to insert “Section 12 of this Act” into the list of KRS sections whose terms govern the Legislators’ Retirement Plan. Section 12 of that Act created KRS § 21.402. However, the Reviser of Statutes has not inserted a specific reference to KRS § 21.402 in this list, since the list contains a range of statutes (KRS § 21.370 to KRS § 21.410) that includes KRS § 21.402.
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.
21.360(1), 21.370 to 21.410, 21.374, 21.420, 21.425, 21.450, 21.460, 21.470, 21.480,
Terms Used In Kentucky Statutes 6.525
- Month: means calendar month. See Kentucky Statutes 446.010
- 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.
21.525, 21.540, and 61.552 for the Judicial Retirement Plan, except that:
(1) Five (5) years of service as a legislator will be sufficient for vesting; and
(2) (a) A member of the Legislators’ Retirement Plan may combine his or her service credit with his or her service credit in the Teachers’ Retirement System, Kentucky Employees Retirement System, County Employees Retirement System, and State Police Retirement System at the time of his or her retirement, according to the procedure of KRS § 61.680(2)(a), except that the salary used to determine final compensation, if applicable, shall be based on the creditable compensation in KRS § 61.510(13) for service while a member of the General Assembly whether or not a member of the Legislators’ Retirement Plan.
(b) For members contributing on or after June 20, 2005, but prior to January 1,
2014: Upon 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 shall be consolidated for the purpose of determining eligibility and amount of benefits as provided in KRS § 61.680(2)(a) and in the same manner as for the other retirement systems using the highest salary regardless of the system in which it was earned. For purposes of this paragraph, “retirement” means the month in which the member elects to begin receiving benefits or benefits become payable due to the member’s death.
(c) A member who has an account in the Legislators’ Retirement Plan and the Judicial Retirement Plan may combine his or her service in both plans for purposes of determining:
1. Eligibility and the amount of benefits; and
2. Final compensation, provided the member began participating in the
Legislators’ Retirement Plan prior to January 1, 2014.
(d) A member who began participating in the Legislators’ Retirement Plan prior to January 1, 2014, may retire at the completion of twenty-seven (27) or more years of combined service credit, so long as at least fifteen (15) years of such credit were earned after January 1, 1960, and there shall be no reduction in the retirement allowance because of retirement before the age of sixty-five (65).
(e) For the purposes of this section, any reference in the KRS sections listed above to the Judicial Retirement Plan shall also be read as a reference to the Legislators’ Retirement Plan, and any reference to the Legislators’ Retirement Plan shall also be read as a reference to the Judicial Retirement Plan.
(3) Any other statute to the contrary notwithstanding, a member of any state- administered retirement system who has ceased to qualify for membership but
subsequently returns to a qualified status, shall, for the purposes of determining the date of entry into the state-administered retirement system for the subsequent period or periods of service, be deemed to have never left the retirement system.
Effective: July 14, 2022
History: Repealed, reenacted, and amended 2022 Ky. Acts ch. 55, sec. 6, effective July
14, 2022. — Amended 2018 Ky. Acts ch. 107, sec. 4, effective July 14, 2018. — Amended 2017 Ky. Acts ch. 125, sec. 9, effective March 27, 2017. — Amended 2016
Ky. Acts ch. 12, sec. 2, effective July 15, 2016. — Amended 2013 Ky. Acts ch. 120, sec. 17, effective July 1, 2013. — Amended 2010 Ky. Acts ch. 148, sec. 1, effective July 15, 2010. — Amended 2005 Ky. Acts ch. 86, sec. 5, effective June 20, 2005. — Amended 2003 Ky. Acts ch. 128, sec. 3, effective June 24, 2003. — Amended 2002
Ky. Acts ch. 90, sec. 5, effective July 15, 2002. — Amended 1998 Ky. Acts ch. 389, sec. 5, effective July 15, 1998. — Amended 1996 Ky. Acts ch. 31, sec. 1, effective July 15, 1996. — Amended 1994 Ky. Acts ch. 266, sec. 7, effective July 15, 1994. — Amended 1990 Ky. Acts ch. 489, sec. 14, effective July 13, 1990. — Amended 1988
Ky. Acts ch. 299, sec. 5, effective July 15, 1988. — Amended 1982 Ky. Acts ch. 326, sec. 13, effective July 1, 1982; and ch. 458, sec. 5, effective April 15, 1982. — Created 1980 Ky. Acts ch. 407, sec. 16, effective July 1, 1980.
Legislative Research Commission Note (7/1/2013). Section 17 of 2013 Ky. Acts ch.
120 amended the opening sentence of this statute to insert “Section 12 of this Act” into the list of KRS sections whose terms govern the Legislators’ Retirement Plan. Section 12 of that Act created KRS § 21.402. However, the Reviser of Statutes has not inserted a specific reference to KRS § 21.402 in this list, since the list contains a range of statutes (KRS § 21.370 to KRS § 21.410) that includes KRS § 21.402.
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.