Kentucky Statutes 78.545 – Matters administered for County Employees Retirement System in same manner as for Kentucky Employees Retirement System — References to Kentucky Retirement Systems to include County Employees Retirement System
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The following matters shall be administered for the County Employees Retirement System in the same manner subject to the same limitations and requirements as provided for the Kentucky Employees Retirement System as follows:
(1) Statement of member and employer, as provided for by KRS § 61.540;
(2) Beneficiary to be designated by member, change, rights, as provided for by
KRS § 61.542;
(3) Service credit determination, as provided for by KRS § 61.545;
(4) Retirement application procedure, effective retirement date, as provided for by
KRS § 61.590;
(5) Refund of contributions, conditions, as provided for by KRS § 61.625;
(6) Refund of contributions, death after retirement, as provided for by KRS § 61.630; (7) Recontribution and delayed contribution payments, purchase of service credit,
interest, and installment payments, as provided for by KRS § 61.552;
(8) Optional retirement plans, as provided for by KRS § 61.635;
(9) Board of trustees, conflict of interest, as provided for by KRS § 61.655;
(10) Custodian of funds, payments made, when, as provided for by KRS § 61.660; (11) Medical examiners and hearing procedures, as provided for by KRS § 61.665; (12) Correction of errors in records, as provided for by KRS § 61.685;
(13) Exemptions of retirement allowances, and qualified domestic relations orders, as provided for by KRS § 61.690;
(14) Credit for service prior to membership date, as provided for by KRS § 61.526; (15) Members’ account, confidential, as provided for by KRS § 61.661;
(16) Consent of employees to deductions and reciprocal arrangement between systems, as provided for by KRS § 61.680;
(17) Reinstated employee, contributions on creditable compensation, as provided for by KRS § 61.569;
(18) Statement to be made under oath, good faith reliance, as provided for in KRS
61.699;
(19) Direct deposit of recipient’s retirement allowance as provided for in KRS
61.623;
(20) Death or disability from a duty-related injury as provided in KRS § 61.621;
(21) Payment of small accounts upon death of member, retiree, or recipient without formal administration of the estate as provided in KRS § 61.703;
(22) Employer payment of increases in creditable compensation and adjustments to creditable compensation during the last five (5) years of employment as provided by KRS § 61.598;
(23) Calculation of retirement allowance, as provided by KRS § 61.599; and
(24) Benefit election for members of the Kentucky Retirement Systems as provided by KRS § 61.5955.
Effective April 1, 2021, as it relates to KRS § 61.590, 61.598, 61.655, 61.665, and
61.703, references to “Kentucky Retirement Systems” or “systems administered by Kentucky Retirement Systems” as it relates to benefit eligibility shall include the County Employees Retirement System and references to “Kentucky Retirement Systems” or the “Kentucky Retirement Systems board of trustees” as it relates to administrative decisions, duties, requirements, or conflict of interest provisions shall for purposes of the County Employees Retirement System mean the County Employees Retirement System or County Employees Retirement System board of trustees, as applicable.
Effective:April 1, 2021
History: Amended 2021 Ky. Acts ch. 102, sec. 20, effective April 1, 2021. — Amended 2020 Ky. Acts ch. 79, sec. 40, effective April 1, 2021. — Amended
2018 Ky. Acts ch. 107, sec. 42, effective July 14, 2018. — Amended 2017 Ky. Acts ch. 125, sec. 11, effective March 27, 2017. — Amended 2015 Ky. Acts ch.
28, sec. 11, effective June 24, 2015. — Amended 2013 Ky. Acts ch. 120, sec.
75, effective July 1, 2013. — Amended 2010 Ky. Acts ch. 148, sec. 8, effective
July 15, 2010. — Amended 2009 Ky. Acts ch. 77, sec. 29, effective June 25,
2009. — Amended 2002 Ky. Acts ch. 52, sec. 23, effective July 15, 2002. — Amended 2001 Ky. Acts ch. 7, sec. 3, effective June 21, 2001. — Amended 2000
Ky. Acts ch. 385, sec. 35, effective July 14, 2000. — Amended 1994 Ky. Acts ch.
485, sec. 27, effective July 15, 1994. Amended 1992 Ky. Acts ch. 240, sec.
55, effective July 14, 1992. — Amended 1990 Ky. Acts ch. 346, sec. 7, effective
July 13, 1990. — Amended 1988 Ky. Acts ch. 349, sec. 34, effective July 15,
1988. — Amended 1982 Ky. Acts ch. 423, sec. 17, effective July 15, 1982. — Amended 1978 Ky. Acts ch. 311, sec. 23, effective June 17, 1978. — Amended
1976 Ky. Acts ch. 321, secs. 33 and 40. — Amended 1974 Ky. Acts ch. 128, sec.
34, effective March 26, 1974. — Created 1972 Ky. Acts ch. 107, sec. 2; and ch.
116, sec. 64.
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.
(1) Statement of member and employer, as provided for by KRS § 61.540;
Terms Used In Kentucky Statutes 78.545
- 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
- Domestic: when applied to a corporation, partnership, business trust, or limited liability company, means all those incorporated or formed by authority of this state. See Kentucky Statutes 446.010
- Oath: A promise to tell the truth.
- Statute: A law passed by a legislature.
(2) Beneficiary to be designated by member, change, rights, as provided for by
KRS § 61.542;
(3) Service credit determination, as provided for by KRS § 61.545;
(4) Retirement application procedure, effective retirement date, as provided for by
KRS § 61.590;
(5) Refund of contributions, conditions, as provided for by KRS § 61.625;
(6) Refund of contributions, death after retirement, as provided for by KRS § 61.630; (7) Recontribution and delayed contribution payments, purchase of service credit,
interest, and installment payments, as provided for by KRS § 61.552;
(8) Optional retirement plans, as provided for by KRS § 61.635;
(9) Board of trustees, conflict of interest, as provided for by KRS § 61.655;
(10) Custodian of funds, payments made, when, as provided for by KRS § 61.660; (11) Medical examiners and hearing procedures, as provided for by KRS § 61.665; (12) Correction of errors in records, as provided for by KRS § 61.685;
(13) Exemptions of retirement allowances, and qualified domestic relations orders, as provided for by KRS § 61.690;
(14) Credit for service prior to membership date, as provided for by KRS § 61.526; (15) Members’ account, confidential, as provided for by KRS § 61.661;
(16) Consent of employees to deductions and reciprocal arrangement between systems, as provided for by KRS § 61.680;
(17) Reinstated employee, contributions on creditable compensation, as provided for by KRS § 61.569;
(18) Statement to be made under oath, good faith reliance, as provided for in KRS
61.699;
(19) Direct deposit of recipient’s retirement allowance as provided for in KRS
61.623;
(20) Death or disability from a duty-related injury as provided in KRS § 61.621;
(21) Payment of small accounts upon death of member, retiree, or recipient without formal administration of the estate as provided in KRS § 61.703;
(22) Employer payment of increases in creditable compensation and adjustments to creditable compensation during the last five (5) years of employment as provided by KRS § 61.598;
(23) Calculation of retirement allowance, as provided by KRS § 61.599; and
(24) Benefit election for members of the Kentucky Retirement Systems as provided by KRS § 61.5955.
Effective April 1, 2021, as it relates to KRS § 61.590, 61.598, 61.655, 61.665, and
61.703, references to “Kentucky Retirement Systems” or “systems administered by Kentucky Retirement Systems” as it relates to benefit eligibility shall include the County Employees Retirement System and references to “Kentucky Retirement Systems” or the “Kentucky Retirement Systems board of trustees” as it relates to administrative decisions, duties, requirements, or conflict of interest provisions shall for purposes of the County Employees Retirement System mean the County Employees Retirement System or County Employees Retirement System board of trustees, as applicable.
Effective:April 1, 2021
History: Amended 2021 Ky. Acts ch. 102, sec. 20, effective April 1, 2021. — Amended 2020 Ky. Acts ch. 79, sec. 40, effective April 1, 2021. — Amended
2018 Ky. Acts ch. 107, sec. 42, effective July 14, 2018. — Amended 2017 Ky. Acts ch. 125, sec. 11, effective March 27, 2017. — Amended 2015 Ky. Acts ch.
28, sec. 11, effective June 24, 2015. — Amended 2013 Ky. Acts ch. 120, sec.
75, effective July 1, 2013. — Amended 2010 Ky. Acts ch. 148, sec. 8, effective
July 15, 2010. — Amended 2009 Ky. Acts ch. 77, sec. 29, effective June 25,
2009. — Amended 2002 Ky. Acts ch. 52, sec. 23, effective July 15, 2002. — Amended 2001 Ky. Acts ch. 7, sec. 3, effective June 21, 2001. — Amended 2000
Ky. Acts ch. 385, sec. 35, effective July 14, 2000. — Amended 1994 Ky. Acts ch.
485, sec. 27, effective July 15, 1994. Amended 1992 Ky. Acts ch. 240, sec.
55, effective July 14, 1992. — Amended 1990 Ky. Acts ch. 346, sec. 7, effective
July 13, 1990. — Amended 1988 Ky. Acts ch. 349, sec. 34, effective July 15,
1988. — Amended 1982 Ky. Acts ch. 423, sec. 17, effective July 15, 1982. — Amended 1978 Ky. Acts ch. 311, sec. 23, effective June 17, 1978. — Amended
1976 Ky. Acts ch. 321, secs. 33 and 40. — Amended 1974 Ky. Acts ch. 128, sec.
34, effective March 26, 1974. — Created 1972 Ky. Acts ch. 107, sec. 2; and ch.
116, sec. 64.
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.