2013 Kentucky Revised Statutes CHAPTER 21 - JUDICIAL RETIREMENT 21.402 Hybrid cash balance plan for members of Legislators' Retirement Plan and Judicial Retirement Plan who began participating on or after January 1, 2014 -- Member contributions and employer pay credits -- Interest credits -- Termination of employment -- Options upon retirement -- Individual members' accounts established by board of Judicial Form Retirement System.
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21.402 Hybrid cash balance plan for members of Legislators' Retirement Plan
and Judicial Retirement Plan who began participating on or after January
1, 2014 -- Member contributions and employer pay credits -- Interest
credits -- Termination of employment -- Options upon retirement -Individual members' accounts established by board of Judicial Form
Retirement System.
(1)
(2)
(3)
(4)
A member of the Legislators' Retirement Plan or the Judicial Retirement Plan,
whose participation in the Legislators' Retirement Plan or the Judicial
Retirement Plan begins on or after January 1, 2014, shall receive the
retirement benefits provided by this section in lieu of the retirement benefits
provided under KRS 6.520 and 21.400. The retirement benefit provided by this
section shall be known as the hybrid cash balance plan and shall operate as
another benefit tier within the Legislators' Retirement Plan and the Judicial
Retirement Plan.
The hybrid cash balance plan shall provide a retirement benefit based upon the
member's accumulated account balance, which shall include:
(a) Contributions made by the member as provided by KRS 6.500 to 6.577
and 21.345 to 21.580, except for employee contributions prescribed by
KRS 6.505(1)(d)2.b. and 21.360(1)(a)3.b.;
(b) An employer pay credit of four percent (4%) of the creditable
compensation earned by the employee for each month the employee is
contributing to the hybrid cash balance plan provided by this section; and
(c) Interest credits added annually to the member's accumulated account
balance as provided by this section.
(a) Member contributions and employer pay credits as provided by
subsection (2)(a) and (b) of this section shall be credited to the member's
account monthly as contributions are reported and posted to the plan.
(b) Interest credits, as provided by subsection (2)(c) of this section, shall be
credited to the member's account annually on June 30 of each fiscal year,
as determined by subsection (4) of this section.
(a) On June 30 of each fiscal year, the system shall determine if the member
contributed to the hybrid cash balance plan during the fiscal year.
(b) If the member contributed to the hybrid cash balance plan during the
fiscal year, the interest credit added to the member's account for that
fiscal year shall be determined by multiplying the member's accumulated
account balance on June 30 of the preceding fiscal year by a percentage
increase equal to:
1.
Four percent (4%); plus
2.
Seventy-five percent (75%) of the plan's geometric average net
investment return in excess of a four percent (4%) rate of return.
(c) If the member did not contribute to the hybrid cash balance plan during
the fiscal year, the interest credit added to the member's account for that
fiscal year shall be determined by multiplying the member's accumulated
account balance on June 30 of the preceding fiscal year by four percent
(4%).
(d)
(5)
(6)
(7)
(8)
For purposes of this subsection, "plan's geometric average net
investment return":
1.
Means the annual average geometric investment return, net of
administrative and investment fees and expenses, over the last five
(5) fiscal years as of the date the interest is credited to the member's
account; and
2.
Shall be expressed as a percentage and based upon the plan in
which the member has an account.
(e) No employer pay credits or interest credits shall be provided to a member
who has taken a refund of contributions as provided by KRS 21.460 or
who has retired and annuitized his or her accumulated account balance
as prescribed by this section.
(a) Upon termination of employment, a member who has less than five (5)
years of service credited under the Legislators' Retirement Plan and the
Judicial Retirement Plan, who elects to take a refund of his or her
accumulated account balance as provided by KRS 21.460, shall forfeit the
accumulated employer credit, and shall only receive a refund of his or her
accumulated contributions.
(b) Upon termination of employment, a member who has five (5) or more
years of service credited under the Legislators' Retirement Plan and the
Judicial Retirement Plan, who elects to take a refund of his or her
accumulated account balance as provided by KRS 21.460, shall receive a
full refund of his or her accumulated account balance.
A member participating in the hybrid cash balance plan provided by this
section may retire:
(a) Upon reaching normal retirement age, provided he or she has earned five
(5) or more years of service credited under the Legislators' Retirement
Plan and the Judicial Retirement Plan, or another state-administered
retirement system; or
(b) If the member is at least age fifty-seven (57) and has an age and years of
service total of at least eighty-seven (87) years. The years of service used
to determine eligibility for retirement under this paragraph shall only
include years of service credited under the Legislators' Retirement Plan
and the Judicial Retirement Plan, or another state-administered
retirement system.
A member eligible to retire under subsection (6) of this section may elect to:
(a) Receive a monthly retirement allowance payable for life by having his or
her accumulated account balance annuitized by the retirement systems in
accordance with the actuarial assumptions and actuarial methods
adopted by the board and in effect on the member's retirement date;
(b) Receive the actuarial equivalent of his or her retirement allowance
calculated under paragraph (a) of this subsection payable under one (1)
of the options set forth in KRS 21.420(8)(b); or
(c) Take a refund of his or her account balance as provided by KRS 21.460.
The board of the Judicial Form Retirement System shall establish individual
members' accounts for each member participating in the hybrid cash balance
(9)
plan as provided by this section. The Judicial Form Retirement System may
promulgate administrative regulations in accordance with KRS Chapter 13A to
administer the provisions of this section.
The provisions of this section shall not apply to members who began
participating in the Legislators' Retirement Plan or the Judicial Retirement Plan
prior to January 1, 2014.
Effective:July 1, 2013
History: Created 2013 Ky. Acts ch. 120, sec. 12, effective July 1, 2013.
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