2013 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
requires certification or graduation from a four (4) year college or university as a
condition of employment and any individual providing part-time or substitute teaching
services that are the same or similar to those teaching services provided by certified,
full-time teachers shall be a member of the Kentucky Teachers Retirement System,
according to the conditions and only to the extent set forth in this section, if the
individual is employed by one (1) of the public boards, institutions, or agencies set
forth in KRS 161.220, excluding those public boards, institutions, and agencies
described in KRS 161.220(4)(b) and (n). Members providing part-time and substitute
services shall participate in the retirement system as follows:
(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
meeting the service retirement conditions of KRS 161.600. The board of
trustees shall adopt a methodology for accrediting service credit to these
members on a pro rata basis. The methodology adopted by the board of
trustees may be amended as necessary to ensure its actuarial soundness. The
retirement allowance for members providing part-time and substitute services
shall be calculated pursuant to KRS 161.620, except that the provisions of KRS
161.620(3) shall not apply. Members providing part-time and substitute
services who meet the service retirement conditions of KRS 161.600 may also
be eligible to participate as approved by the board of trustees in the medical
insurance program provided by the retirement system under KRS 161.675.
Members providing part-time and substitute services shall make contributions
to the Kentucky Teachers Retirement System at the rate provided under KRS
161.540. A member who provides part-time or substitute services, or in the
event of the death of the member, the members estate or applicably
designated beneficiary, will be entitled, within ninety (90) days of the posting of
the annual report submitted by the members employer, to a refund of
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 under KRS 161.520, 161.655, 161.661, and 161.663. The board of
trustees may permit members providing part-time or substitute services to
participate in other benefits offered by the retirement system by promulgating
administrative regulations that establish eligibility conditions for participation in
these benefits. All eligibility conditions adopted by the board of trustees
pursuant to this subsection 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 shall be subject to all limitations and conditions regarding the accrual,
retention, accreditation, and use of service credit that apply to members
providing full-time services. In addition to the eligibility conditions set forth by
the board of trustees under subsection (2) of this section, members providing
part-time and substitute services shall be subject to all limitations and
(4)
(5)
(6)
(7)
conditions regarding both the eligibility to participate and the extent of
participation in any benefit offered under KRS 161.220 to 161.716 that apply to
members providing full-time services;
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 basis in positions covered by the County Employees
Retirement System who are used as substitute teachers on an emergency
basis for five (5) days or less during any one (1) fiscal year shall not be
considered members of the Teachers' Retirement System during that period in
which they are serving as substitute teachers for five (5) days or less;
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 determine benefits provided under KRS 161.661 and 161.663.
Members providing part-time and substitute services who had retirement
contributions posted to their accounts during the previous fiscal year and who
have not had those contributions refunded to them are eligible to vote for the
board of trustees;
The board of trustees of the Teachers Retirement System shall be
responsible for final determination of membership eligibility and may direct
employers to take whatever action that may be necessary to correct any error
relating to membership; and
The provisions of this section are not subject to KRS 161.714.
Effective:July 1, 2008
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 ch. 275, sec. 1, effective July 1, 2002.
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