2020 Kentucky Revised Statutes Chapter 21 - Judicial retirement 21.480 KRS 21.350 to 21.510 creates vested interest for members who began participating before January 1, 2014 -- Exceptions -- Amendment of benefits and rights. (Declared void -- See LRC Note Below).
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21.480 KRS 21.350 to 21.510 creates vested interest for members who began
participating before January 1, 2014 -- Exceptions -- Amendment of benefits
and rights. (Declared void -- See LRC Note Below)
(1)
(2)
(3)
For members who begin participating in the Judicial Retirement Plan prior to
January 1, 2014, it is hereby declared that in consideration of the contributions by
the members, and in further consideration of benefits received by the state through
the inducement of qualified and experienced judges and commissioners to continue
in service, KRS 21.350 to 21.510, except as provided in KRS 6.696, shall constitute
an inviolable contract of the Commonwealth, and the rights and benefits provided
therein shall, not be subject to reduction or impairment by alteration, amendment or
repeal, except:
(a) As provided in KRS 6.696; and
(b) The General Assembly reserves the right to amend, reduce, or suspend any
legislative changes to the provisions of KRS 21.345 to 21.580 that become
effective on or after July 1, 2018.
(a) For members who begin participating in the Judicial Retirement Plan on or
after January 1, 2014, the General Assembly reserves the right to amend,
suspend, or reduce the benefits and rights provided under KRS 21.345 to
21.580 if, in its judgment, the welfare of the Commonwealth so demands,
except that the amount of benefits the member has accrued at the time of
amendment, suspension, or reduction shall not be affected.
(b) For purposes of this subsection, the amount of benefits the member has
accrued at the time of amendment, suspension, or reduction shall be limited to
the accumulated account balance the member has accrued at the time of
amendment, suspension, or reduction.
(c) The provisions of this subsection shall not be construed to limit the General
Assembly's authority to change any other benefit or right specified by KRS
21.345 to 21.580, for members who begin participating in the Judicial
Retirement Plan on or after January 1, 2014, except the benefits specified by
paragraph (b) of this subsection.
The provisions of this section shall not be construed to limit the General Assembly's
authority to amend, reduce, or suspend the benefits and rights of members of the
Judicial Retirement Plan as provided by KRS 21.345 to 21.580 that the General
Assembly had the authority to amend, reduce, or suspend, prior to July 1, 2013.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 107, sec. 11, effective July 14, 2018. -- Amended
2013 Ky. Acts ch. 120, sec. 31, effective July 1, 2013. -- Amended 1993 (1st Extra.
Sess.) Ky. Acts ch. 4, sec. 76, effective September 16, 1993. -- Created 1960 Ky.
Acts ch. 84, Art. III, sec. 14.
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.
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