2018 Kentucky Revised Statutes CHAPTER 95 - CITY POLICE AND FIRE DEPARTMENTS .761 Adoption of civil service, employees retirement system, and police and firefighters' pension plan in cities with population of 1,000 to 7,999 -- Exemptions from classified service -- Limitations on creation of new fund after August 1, 1988.
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95.761 Adoption of civil service, employees retirement system, and police and
firefighters' pension plan in cities with population of 1,000 to 7,999 -Exemptions from classified service -- Limitations on creation of new fund after
August 1, 1988.
(1)
(2)
(3)
(4)
Any city with a population equal to or greater than one thousand (1,000) but less
than eight thousand (8,000) based upon the most recent federal decennial census
which has now, or in which there may be hereafter established a regular police or
fire department in the future, may by ordinance create a civil service commission,
whose duties shall be to hold examinations as to the qualifications of applicants for
employment within the police or fire departments. If a city elects to establish a civil
service system for its police and fire employees under this section, then it may adopt
either the provisions of this section, or KRS 95.762, 95.763, 95.764, 95.765, and
95.766, or it may adopt the provisions of KRS 90.300 to 90.420. A city meeting the
population criteria of this subsection may adopt the provisions of KRS 90.300 to
90.420 for municipal employees who are not police or fire personnel.
Any city may provide a retirement system for any of its employees, including police
and firefighters, pursuant to KRS 90.400 or 90.410. If a city creates a retirement
system for its police and firefighters pursuant to KRS 90.400 or 90.410, it shall
establish a board of trustees for that system. The provisions of KRS 90.400 and
90.410 notwithstanding, a majority of the board shall be members of the retirement
system elected by the members of the retirement system, except that if there are
fewer than six (6) active and retired members of the fund, the board of trustees shall
be composed of the mayor, city treasurer or chief financial officer, and two (2)
employees appointed by the mayor, one (1) from the city police department and one
(1) from the city fire department, who shall serve for one (1) year and until their
respective successors are appointed and qualified. If all of the members of the
pension fund are from one (1) department, no appointment shall be made from the
other department. The board of trustees shall control and manage the retirement
fund, for the exclusive purposes of providing benefits to members and their
beneficiaries and defraying reasonable expenses of administering the plan. The
board may contract with investment advisors or managers to perform investment
services as deemed necessary and prudent by the board.
A city meeting the criteria of subsection (6) of this section may adopt the provisions
of KRS 79.080 or 78.510 to 78.852 for any of its employees, or either KRS 95.520
to 95.620 or KRS 95.767 to 95.784 for its police and firefighters. After adoption of
the provisions of any of the statutes listed in this section, the city may not revoke,
rescind or repeal these adoptions for any employee covered thereby.
(a) Any of the following offices, positions, and places of employment, in the
police and fire departments, may be excluded from the classified service: The
chief of police, assistant chief of police, chief of firefighters and assistant
chief of firefighters.
(b) Any classified employee in either department who shall accept an appointment
and qualify as chief of police, assistant chief of police, chief of firefighters, or
assistant chief of firefighters, shall be deemed to have received a leave of
(5)
(6)
(7)
(8)
absence from the classified service for, and during the incumbency of, any of
said respective positions. Should any such chief or assistant chief, cease to
serve as such, the same classification and rank which he had prior to said
appointment shall be restored to him.
After August 1, 1988, no city shall create a new pension fund pursuant to this
section other than by adopting KRS 78.510 to 78.852, or by adopting a deferred
compensation program pursuant to KRS 18A.270 or a defined contribution or
money purchase plan qualified under Section 401(a) of the Internal Revenue Code
of 1954 as amended. Any city which adopted a pension system pursuant to this
section on or prior to August 1, 1988, shall participate in the County Employees
Retirement System effective August 1, 1988.
As used in subsections (2) and (3) of this section, "city" means only those cities that
were previously classified as cities of the fourth and fifth class under the
classification system that was in effect before August 1, 1988.
Notwithstanding subsection (1) of this section, no city shall adopt a civil service
system for any of its employees under KRS 90.300 to 90.420 or under KRS 95.761,
95.762, 95.763, 95.764, 95.765, and 95.766 during the months of November or
December in any even-numbered year.
Any city that creates a civil service commission pursuant to this section may repeal
or amend the ordinance at the discretion of the city legislative body. The city
legislative body shall not repeal any provisions of the ordinance governing the
maintenance of a pension fund.
Effective: July 15, 2016
History: Amended 2016 Ky. Acts ch. 31, sec. 16, effective July 15, 2016. -- Amended
2014 Ky. Acts ch. 92, sec. 140, effective January 1, 2015; and ch. 121, sec. 2,
effective July 15, 2014. -- Amended 1988 Ky. Acts ch. 11, sec. 11, effective July 15,
1988. -- Amended 1984 Ky. Acts ch. 177, sec. 6, effective July 13, 1984. -- Amended
1982 Ky. Acts ch. 256, sec. 1, effective July 15, 1982. -- Amended 1978 Ky. Acts ch.
164, sec. 33, effective June 17, 1978. -- Amended 1970 Ky. Acts ch. 26, sec. 1. -Amended 1966 Ky. Acts ch. 236, sec. 1. -- Created 1942 Ky. Acts ch. 9, sec. 2.
Legislative Research Commission Note (1/1/2015). This statute was amended by 2014
Ky. Acts chs. 92 and 121. Where these Acts are not in conflict, they have been
codified together. Where a conflict exists, Acts ch. 92, which was last enacted by the
General Assembly, prevails under KRS 446.250.
Legislative Research Commission Note. Acts 1988, ch. 11, § 19, provides: "In order
that city employees with a choice can make an informed decision on whether or not
to join the county employees retirement system, Kentucky retirement systems shall
conduct briefings for each affected pension system on the provisions of this Act.
Each employee shall receive a written summary of the retirement benefits which the
county employees retirement system offers, and each employee shall be given the
opportunity to attend an oral presentation. All such presentations shall be completed
by October 15, 1988, and each affected employee shall make his decision by
November 1, 1988. Failure of an employee subject to the provisions of this Act to
receive a written summary or to attend an oral briefing shall in no way invalidate any
of the provisions of this Act."
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