2009 Kentucky Revised Statutes CHAPTER 161 SCHOOL EMPLOYEES -- TEACHERS' RETIREMENT AND TENURE 161.612 Membership of individuals providing part-time and substitute services -- Service credit -- Participation in benefits.
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161.612 Membership of individuals providing part-time and substitute services --
Service credit -- Participation in benefits.
Effective July 1, 2002, any individual occupying a position on a part-time basis that <br>requires certification or graduation from a four (4) year college or university as a <br>condition of employment and any individual providing part-time or substitute teaching <br>services that are the same or similar to those teaching services provided by certified, full-<br>time teachers shall be a member of the Kentucky Teachers' Retirement System, according <br>to the conditions and only to the extent set forth in this section, if the individual is <br>employed by one (1) of the public boards, institutions, or agencies set forth in KRS <br>161.220, excluding those public boards, institutions, and agencies described in KRS <br>161.220(4)(b) and (n). Members providing part-time and substitute services shall <br>participate in the retirement system as follows: <br>(1) Members providing part-time and substitute services shall accrue service credit as
provided under KRS 161.500 and be entitled to a retirement allowance upon <br>meeting the service retirement conditions of KRS 161.600. The board of trustees <br>shall adopt a methodology for accrediting service credit to these members on a pro <br>rata basis. The methodology adopted by the board of trustees may be amended as <br>necessary to ensure its actuarial soundness. The retirement allowance for members <br>providing part-time and substitute services shall be calculated pursuant to KRS <br>161.620, except that the provisions of KRS 161.620(3) shall not apply. Members <br>providing part-time and substitute services who meet the service retirement <br>conditions of KRS 161.600 may also be eligible to participate as approved by the <br>board of trustees in the medical insurance program provided by the retirement <br>system under KRS 161.675. Members providing part-time and substitute services <br>shall make contributions to the Kentucky Teachers' Retirement System at the rate <br>provided under KRS 161.540. A member who provides part-time or substitute <br>services, or in the event of the death of the member, the member's estate or <br>applicably designated beneficiary, will be entitled, within ninety (90) days of the <br>posting of the annual report submitted by the member's employer, to a refund of <br>contributions as permitted and limited by KRS 161.470;
(2) The board of trustees shall adopt eligibility conditions under which members
providing part-time and substitute services may participate in the benefits provided <br>under KRS 161.520, 161.655, 161.661, and 161.663. The board of trustees may <br>permit members providing part-time or substitute services to participate in other <br>benefits offered by the retirement system by promulgating administrative <br>regulations that establish eligibility conditions for participation in these benefits. All <br>eligibility conditions adopted by the board of trustees pursuant to this subsection <br>may be amended as necessary to ensure their actuarial soundness;
(3) In addition to the pro rata methodology adopted by the board of trustees under
subsection (1) of this section, members providing part-time and substitute services <br>shall be subject to all limitations and conditions regarding the accrual, retention, <br>accreditation, and use of service credit that apply to members providing full-time <br>services. In addition to the eligibility conditions set forth by the board of trustees <br>under subsection (2) of this section, members providing part-time and substitute
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services shall be subject to all limitations and conditions regarding both the <br>eligibility to participate and the extent of participation in any benefit offered under <br>KRS 161.220 to 161.716 that apply to members providing full-time services;
(4) Notwithstanding any other provisions of this section to the contrary, instructional
assistants who provide teaching services in the local school districts on a full-time <br>basis in positions covered by the County Employees Retirement System who are <br>used as substitute teachers on an emergency basis for five (5) days or less during <br>any one (1) fiscal year shall not be considered members of the Teachers' Retirement <br>System during that period in which they are serving as substitute teachers for five <br>(5) days or less;
(5) The board of trustees may adopt a pro rata methodology to determine the annual
compensation of members providing part-time and substitute services in order to <br>determine benefits provided under KRS 161.661 and 161.663. Members providing <br>part-time and substitute services who had retirement contributions posted to their <br>accounts during the previous fiscal year and who have not had those contributions <br>refunded to them are eligible to vote for the board of trustees;
(6) The board of trustees of the Teachers' Retirement System shall be responsible for
final determination of membership eligibility and may direct employers to take <br>whatever action that may be necessary to correct any error relating to membership; <br>and
(7) The provisions of this section are not subject to KRS 161.714.
Effective: July 1, 2008 <br>History: Amended 2008 Ky. Acts ch. 78, sec. 15, effective July 1, 2008. -- Amended
2004 Ky. Acts ch. 121, sec. 17, effective July 1, 2004. -- Created 2002 Ky. Acts <br>ch. 275, sec. 1, effective July 1, 2002.
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