2013 Kentucky Revised Statutes CHAPTER 61 - GENERAL PROVISIONS AS TO OFFICES AND OFFICERS -- SOCIAL SECURITY FOR PUBLIC EMPLOYEES -- EMPLOYEES RETIREMENT SYSTEM 61.435 Referendum on coverage under agreement -- Separate system for state colleges.
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61.435 Referendum on coverage under agreement -- Separate system for
state colleges.
(1)
(2)
(3)
In order for any service performed by an employee in a position covered by a
retirement system to be included in an agreement as permitted by KRS 61.430,
a referendum pursuant to Section 218(d)(3) or 218(d)(7) of the Social Security
Act shall be held on the question of whether the service covered by the
retirement system should be included in the agreement. The procedure for
obtaining the vote of the members of the retirement systems shall be as
follows:
(a) Upon request of the political subdivision concerned, the Governor shall
authorize a referendum within the retirement system concerned and
designate an agency or individual to supervise the manner of conducting
it;
(b) Any referendum shall be conducted in accordance with the requirements
of Section 218(d)(3) or 218(d)(7) of the Social Security Act;
(c) In the case of a referendum authorized under Section 218(d)(6) of the
Social Security Act, the retirement system will be divided into two (2) parts
or divisions. One (1) part or division of the retirement system shall be
composed of positions of those members of the system who desire
coverage under the agreement as permitted by KRS 61.430. The
remaining part or division of the retirement system shall be composed of
positions of those members who do not desire coverage under such an
agreement. Each part or division shall be deemed to be a separate
retirement system for the purposes of Section 218(d) of the Social
Security Act. The positions of individuals who become members of the
system after such coverage is extended shall be included in the part or
division of the system composed of members desiring the coverage, with
the exception of positions that are excluded in the agreement.
Upon receiving satisfactory evidence that the conditions specified in this
section and Section 218(d)(3) or 218(d)(7) of the Social Security Act have been
fulfilled, the Governor or any agency or individual designated by the Governor
shall so certify to the commissioner.
For purposes of this section, in any case where a retirement system covers the
employees of two (2) or more political subdivisions, or of the Commonwealth
and one (1) or more political subdivisions, there are deemed to exist separate
retirement systems with respect to the Commonwealth or each political
subdivision. Also for purposes of this section, where a retirement system
covers the employees of one (1) or more of the state universities or of one (1)
or more of the public junior colleges or of any combination of state universities,
there shall be deemed to exist separate retirement systems with respect to
each state university and each public junior college.
Effective:July 15, 2002
History: Amended 2002 Ky. Acts ch. 155, sec. 1, effective July 15, 2002. -Amended 1998 Ky. Acts ch. 436, sec. 4, effective July 15, 1998. -- Created 1962
Ky. Acts ch. 12, sec. 4.
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