2013 Kentucky Revised Statutes CHAPTER 61 - GENERAL PROVISIONS AS TO OFFICES AND OFFICERS -- SOCIAL SECURITY FOR PUBLIC EMPLOYEES -- EMPLOYEES RETIREMENT SYSTEM 61.645 Board of trustees -- Powers -- Members -- Executive director and other employees -- Appeals -- Other duties -- Annual financial report -- Trustee education program.
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61.645 Board of trustees -- Powers -- Members -- Executive director and other
employees -- Appeals -- Other duties -- Annual financial report -- Trustee
education program.
(1)
The County Employees Retirement System, Kentucky Employees Retirement
System, and State Police Retirement System shall be administered by the
board of trustees of the Kentucky Retirement Systems composed of thirteen
(13) members, who shall be selected as follows:
(a) The secretary of the Personnel Cabinet shall serve as trustee for as long
as he occupies the position of secretary under KRS 18A.015, except as
provided under subsections (5) and (6) of this section;
(b) Three (3) trustees, who shall be members or retired from the County
Employees Retirement System, elected by the members and retired
members of the County Employees Retirement System;
(c) One (1) trustee, who shall be a member or retired from the State Police
Retirement System, elected by the members and retired members of the
State Police Retirement System;
(d) Two (2) trustees, who shall be members or retired from the Kentucky
Employees Retirement System, elected by the members and retired
members of the Kentucky Employees Retirement System; and
(e) Six (6) trustees, appointed by the Governor of the Commonwealth. Of the
six (6) trustees appointed by the Governor:
1.
One (1) trustee shall be knowledgeable about the impact of pension
requirements on local governments;2.
One (1) trustee shall be
appointed from a list of three (3) applicants submitted by the
Kentucky League of Cities;
3
One (1) trustee shall be appointed from a list of three (3) applicants
submitted by the Kentucky Association of Counties;
4.
One (1) trustee shall be appointed from a list of three (3) applicants
submitted by the Kentucky School Boards Association; and
5.
Two (2) trustees shall have investment experience. For purposes of
this subparagraph, a trustee with "investment experience" means an
individual who does not have a conflict of interest, as provided by
KRS 61.655, and who has at least ten (10) years of experience in
one (1) of the following areas of expertise:
a.
A portfolio manager acting in a fiduciary capacity;
b.
A professional securities analyst or investment consultant;
c.
A current or retired employee or principal of a trust institution,
investment or finance organization, or endowment fund acting
in an investment-related capacity;
d.
A chartered financial analyst in good standing as determined
by the CFA Institute;
e.
A
university
professor,
teaching
economics
or
investment-related studies; or
f.
Any other professional with exceptional experience in the field
of public or private finances.
(2)
(3)
(4)
The board is hereby granted the powers and privileges of a corporation,
including but not limited to the following powers:
(a) To sue and be sued in its corporate name;
(b) To make bylaws not inconsistent with the law;
(c) To conduct the business and promote the purposes for which it was
formed;
(d) To contract for investment counseling, actuarial, auditing, medical, and
other professional or technical services as required to carry out the
obligations of the board without limitation, notwithstanding the provisions
of KRS Chapters 45, 45A, 56, and 57;
(e) To purchase fiduciary liability insurance;
(f) To acquire, hold, sell, dispose of, pledge, lease, or mortgage, the goods
or property necessary to exercise the board's powers and perform the
board's duties without limitation, notwithstanding the limitations of KRS
Chapters 45, 45A, and 56; and
(g) The board shall reimburse any trustee, officer, or employee for any legal
expense resulting from a civil action arising out of the performance of his
official duties.
(a) Notwithstanding the provisions of subsection (1) of this section, each
trustee shall serve a term of four (4) years or until his successor is duly
qualified except as otherwise provided in this section. An elected trustee
or a trustee appointed by the Governor under subsection (1)(e) of this
section, shall not serve more than three (3) consecutive four (4) year
terms. An elected trustee or a trustee appointed by the Governor under
subsection (1)(e) of this section, who has served three (3) consecutive
terms may be elected or appointed again after an absence of four (4)
years from the board.
(b) The term limits established by paragraph (a) of this subsection shall apply
to trustees serving on or after July 1, 2012, and all terms of office served
prior to July 1, 2012, shall be used to determine if the trustee has
exceeded the term limits provided by paragraph (a) of this subsection.
(a) The trustees selected by the membership of each of the various
retirement systems shall be elected by ballot. For each trustee to be
elected, the board may nominate, not less than six (6) months before a
term of office of a trustee is due to expire, three (3) constitutionally eligible
individuals.
(b) Individuals may be nominated by the retirement system members which
are to elect the trustee by presenting to the executive director, not less
than four (4) months before a term of office of a trustee is due to expire, a
petition, bearing the name, last four digits of the Social Security number,
and signature of no less than one-tenth (1/10) of the number voting in the
last election by the retirement system members.
(c) Within four (4) months of the nominations made in accordance with
paragraphs (a) and (b) of this subsection, the executive director shall
cause to be prepared an official ballot. The ballot shall carry the name,
address, and position title of each individual nominated by the board and
(5)
(6)
by petition. Provisions shall also be made for write-in votes.
(d) The ballots shall be distributed to the eligible voters by mail to their last
known residence address.
(e) The ballots shall be addressed to the Kentucky Retirement Systems in
care of a predetermined box number at a United States Post Office
located within Kentucky. Access to this post office box shall be limited to
the board's contracted auditing firm. The individual receiving a plurality of
votes shall be declared elected.
(f) The eligible voter shall cast his ballot by checking a square opposite the
name of the candidate of his choice. He shall sign and mail the ballot at
least thirty (30) days prior to the date the term to be filled is due to expire.
The latest mailing date shall be printed on the ballot.
(g) The board's contracted auditing firm shall report in writing the outcome to
the chair of the board of trustees. Cost of an election shall be payable
from the funds of the system for which the trustee is elected.
(h) For purposes of this subsection, an eligible voter shall be a person who
was a member of the retirement system on December 31 of the year
preceding the election year.
(i) Each individual who submits a request to be nominated by the board
under paragraph (a) of this subsection and each individual who is
nominated by the membership under paragraph (b) of this subsection
shall:
1.
Complete an application developed by the retirement systems which
shall include but not be limited to a disclosure of any prior felonies
and any conflicts of interest that would hinder the individual's ability
to serve on the board;
2.
Submit a resume detailing the individual's education and
employment history and a cover letter detailing the member's
qualifications for serving as trustee to the board; and
3.
Authorize the systems to have a criminal background check
performed. The criminal background check shall be performed by
the Department of Kentucky State Police.
Any vacancy which may occur in an appointed position shall be filled in the
same manner which provides for the selection of the particular trustee, and any
vacancy which may occur in an elected position shall be filled by appointment
by a majority vote of the remaining trustees, and if the secretary of the
Personnel Cabinet resigns his position as trustee, it shall be filled by
appointment made by the Governor; however, any vacancy shall be filled only
for the duration of the unexpired term.
(a) Membership on the board of trustees shall not be incompatible with any
other office unless a constitutional incompatibility exists. No trustee shall
serve in more than one (1) position as trustee on the board; and if a
trustee holds more than one (1) position as trustee on the board, he shall
resign a position.
(b) A trustee shall be removed from office upon conviction of a felony or for a
finding of a violation of any provision of KRS 11A.020 or 11A.040 by a
(7)
(8)
(9)
court of competent jurisdiction.
(c) A current or former employee of Kentucky Retirement Systems shall not
be eligible to serve as a member of the board.
Trustees who do not otherwise receive a salary from the State Treasury shall
receive a per diem of eighty dollars ($80) for each day they are in session or on
official duty, and they shall be reimbursed for their actual and necessary
expenses in accordance with state administrative regulations and standards.
(a) The board shall meet at least once in each quarter of the year and may
meet in special session upon the call of the chair or the executive director.
(b) The board shall elect a chair and a vice chair. The chair shall not serve
more than four (4) consecutive years as chair or vice-chair of the board.
The vice-chair shall not serve more than four (4) consecutive years as
chair or vice-chair of the board. A trustee who has served four (4)
consecutive years as chair or vice-chair of the board may be elected chair
or vice-chair of the board after an absence of two (2) years from the
positions.
(c) A majority of the trustees shall constitute a quorum and all actions taken
by the board shall be by affirmative vote of a majority of the trustees
present.
(a) The board of trustees shall appoint or contract for the services of an
executive director and fix the compensation and other terms of
employment for this position without limitation of the provisions of KRS
Chapters 18A and 45A and KRS 64.640. The executive director shall be
the chief administrative officer of the board.
(b) The board of trustees shall authorize the executive director to appoint the
employees deemed necessary to transact the business of the system. For
an appointee deemed to be in a policy-making position, the board shall
determine the compensation and other terms of employment for the
policy-making position without limitation of the provisions of KRS Chapter
18A. Anything in the Kentucky Revised Statutes to the contrary
notwithstanding, the power over and control of determining and
maintaining an adequate complement of employees shall be under the
exclusive jurisdiction of the board of trustees.
(c) Effective December 1, 2002, all employees of the Kentucky Retirement
Systems shall be transferred to a personnel system adopted by the board.
Employees of Kentucky Retirement Systems covered by the personnel
system adopted by the board shall be:
1.
Provided the same health insurance coverage as all other state
government employees as provided in KRS 18A.225;
2.
Eligible to participate in the deferred compensation system provided
for all state government employees as provided in KRS 18A.250 to
18A.265;
3.
Provided the same life insurance coverage provided all state
employees as provided in KRS 18A.205 to 18A.215;
4.
Reimbursed for all reasonable and necessary travel expenses and
disbursements incurred or made in the performance of official duties
(d)
in accordance with KRS Chapter 45;
5.
Ensured equal employment opportunity regardless of race, color,
gender, religion, national origin, disability, sexual orientation, or age;
6.
Given those holidays and rights granted to state employees as
provided in KRS 18A.190;
7.
Paid a salary not less than the salary paid as of the date of transfer
to the personnel system, unless voluntarily demoted or involuntarily
demoted for cause;
8.
Credited with all accumulated sick leave, compensatory time, and
annual leave accumulated in accordance with KRS Chapter 18A,
and for an employee leaving service, the system shall attest to the
employee's accumulated sick leave, compensatory time, and annual
leave which shall be credited with other state and county employers
to the extent provided for by statute or policy. The Kentucky
Retirement Systems may, at the discretion of the board, accept from
other state and county employers all accumulated sick leave,
compensatory time, and annual leave for an employee leaving a
state or county employer and accepting employment with the
Kentucky Retirement Systems. The executive branch shall accept
from the Kentucky Retirement Systems all accumulated sick leave,
compensatory time, and annual leave for an employee leaving the
Kentucky Retirement Systems and accepting employment with the
executive branch. The Kentucky Retirement Systems shall accept
from the executive branch all accumulated sick leave, compensatory
time, and annual leave for an employee leaving the executive
branch and accepting employment with the Kentucky Retirement
Systems;
9.
Classified with status upon transfer to the personnel system on
December 1, 2002, if the employee was classified with status as a
merit employee under KRS Chapter 18A. Any employee of the
Kentucky Retirement Systems transferred on December 1, 2002,
during the probationary period before earning classified status as a
merit system employee under KRS Chapter 18A shall transfer all
accrued probationary time and the time shall be credited to the
probationary time required to attain classified status in the personnel
system;
10. Ensured a grievance appeal procedure and the employee's right to
have a representative present at each step of the grievance
procedure; and
11. Ensured of the right of appeal in a manner consistent with the
provisions of KRS 18A.095 to the Kentucky Personnel Board and
employees classified with status in the personnel system shall not
be dismissed, demoted, suspended, or otherwise penalized except
for cause.
The board shall adopt by administrative regulation a fair, equitable, and
comprehensive personnel policy with a minimum of the following
provisions for the personnel system:
1.
(e)
(f)
(g)
A code of conduct including provisions describing performance of
duties, abuse of position, conflicts of interest, and outside
employment;
2.
An appointments plan including provisions describing the appointing
authority, appointments, equal employment policy, sexual
harassment policy, and drug-free workplace policy;
3.
A classification plan including provisions describing class
specifications, position actions, and employee actions;
4.
A compensation plan based on qualifications, experience, and
responsibilities and including provisions which describe a salary
schedule, salary adjustments, salary advancements, and an
employee suggestion program;
5.
Separations, disciplinary actions, and appeal policies including
provisions describing classified with status, exemptions from
classified with status, lay-offs, abolishment of position, dismissals
and notification of dismissal, dismissals during probationary period,
disciplinary actions, right of appeal, grievance and appeal
procedures, and an employee grievance and appeal committee;
6.
Service and benefits regulations including provisions describing
hours of work, fringe benefits, workers' compensation, payroll
deductions, holidays, inclement weather days, compensatory time,
retirement, resignations, employee evaluations, and political
activities; and
7.
Leave policies including provisions describing special leave, annual
leave, court leave and jury duty, military leave, voting leave,
educational leave, sick leave, family medical leave, leave without
pay, absence without leave, and blood donation leave.
The board shall require the executive director and the employees as it
thinks proper to execute bonds for the faithful performance of their duties
notwithstanding the limitations of KRS Chapter 62.
The board shall establish a system of accounting.
The board shall do all things, take all actions, and promulgate all
administrative regulations, not inconsistent with the provisions of KRS
16.505 to 16.652, 61.510 to 61.705, and 78.510 to 78.852, necessary or
proper in order to carry out the provisions of KRS 16.505 to 16.652,
61.510 to 61.705, and 78.510 to 78.852. Notwithstanding any other
evidence of legislative intent, it is hereby declared to be the controlling
legislative intent that the provisions of KRS 16.505 to 16.652, 61.510 to
61.705, and 78.510 to 78.852 conform with federal statute or regulation
and meet the qualification requirements under 26 U.S.C. sec. 401(a),
applicable federal regulations, and other published guidance. Provisions
of KRS 16.505 to 16.652, 61.510 to 61.705, and 78.510 to 78.852 which
conflict with federal statute or regulation or qualification under 26 U.S.C.
sec. 401(a), applicable federal regulations, and other published guidance
shall not be available. The board shall have the authority to promulgate
administrative regulations to conform with federal statute and regulation
and to meet the qualification requirements under 26 U.S.C. sec. 401(a),
(10)
(11)
(12)
(13)
(14)
including an administrative regulation to comply with 26 U.S.C. sec.
401(a)(9). The board shall have the authority to promulgate an
administrative regulation to comply with any consent decrees entered into
by the board in Civil Action No. 3:99CV500(C) in order to bring the
systems into compliance with the Age Discrimination in Employment Act,
29 U.S.C. Section 621, et seq., as amended.
All employees of the board shall serve during its will and pleasure.
Notwithstanding any statute to the contrary, employees shall not be considered
legislative agents under KRS 6.611.
The Attorney General, or an assistant designated by him, may attend each
meeting of the board and may receive the agenda, board minutes, and other
information distributed to trustees of the board upon request. The Attorney
General may act as legal adviser and attorney for the board, and the board
may contract for legal services, notwithstanding the limitations of KRS Chapter
12 or 13B.
(a) The system shall publish an annual financial report showing all receipts,
disbursements, assets, and liabilities. The annual report shall include a
copy of an audit conducted in accordance with generally accepted
auditing standards. Except as provided by paragraph (b) of this
subsection, the board may select an independent certified public
accountant or the Auditor of Public Accounts to perform the audit. If the
audit is performed by an independent certified public accountant, the
Auditor of Public Accounts shall not be required to perform an audit
pursuant to KRS 43.050(2)(a), but may perform an audit at his discretion.
All proceedings and records of the board shall be open for inspection by
the public. The system shall make copies of the audit required by this
subsection available for examination by any member, retiree, or
beneficiary in the office of the executive director of the Kentucky
Retirement Systems and in other places as necessary to make the audit
available to all members, retirees, and beneficiaries. A copy of the annual
audit shall be sent to the Legislative Research Commission no later than
ten (10) days after receipt by the board.
(b) At least once every five (5) years, the Auditor of Public Accounts shall
perform the audit described by this subsection, and the system shall
reimburse the Auditor of Public Accounts for all costs of the audit. The
Auditor of Public Accounts shall determine which fiscal year during the
five (5) year period the audit prescribed by this paragraph will be
completed.
All expenses incurred by or on behalf of the system and the board in the
administration of the system during a fiscal year shall be paid from the
retirement allowance account. Any other statute to the contrary
notwithstanding, authorization for all expenditures relating to the administrative
operations of the system shall be contained in the biennial budget unit request,
branch budget recommendation, and the financial plan adopted by the General
Assembly pursuant to KRS Chapter 48.
Any person adversely affected by a decision of the board, except as provided
under subsection (16) of this section or KRS 61.665, involving KRS 16.505 to
16.652, 61.510 to 61.705, and 78.510 to 78.852, may appeal the decision of
the board to the Franklin Circuit Court within sixty (60) days of the board action.
(15) (a) A trustee shall discharge his duties as a trustee, including his duties as a
member of a committee:
1.
In good faith;
2.
On an informed basis; and
3.
In a manner he honestly believes to be in the best interest of the
Kentucky Retirement Systems.
(b) A trustee discharges his duties on an informed basis if, when he makes
an inquiry into the business and affairs of the Kentucky Retirement
Systems or into a particular action to be taken or decision to be made, he
exercises the care an ordinary prudent person in a like position would
exercise under similar circumstances.
(c) In discharging his duties, a trustee may rely on information, opinions,
reports, or statements, including financial statements and other financial
data, if prepared or presented by:
1.
One (1) or more officers or employees of the Kentucky Retirement
Systems whom the trustee honestly believes to be reliable and
competent in the matters presented;
2.
Legal counsel, public accountants, actuaries, or other persons as to
matters the trustee honestly believes are within the person's
professional or expert competence; or
3.
A committee of the board of trustees of which he is not a member if
the trustee honestly believes the committee merits confidence.
(d) A trustee shall not be considered as acting in good faith if he has
knowledge concerning the matter in question that makes reliance
otherwise permitted by paragraph (c) of this subsection unwarranted.
(e) Any action taken as a trustee, or any failure to take any action as a
trustee, shall not be the basis for monetary damages or injunctive relief
unless:
1.
The trustee has breached or failed to perform the duties of the
trustee's office in compliance with this section; and
2.
In the case of an action for monetary damages, the breach or failure
to perform constitutes willful misconduct or wanton or reckless
disregard for human rights, safety, or property.
(f) A person bringing an action for monetary damages under this section
shall have the burden of proving by clear and convincing evidence the
provisions of paragraph (e)1. and 2. of this subsection, and the burden of
proving that the breach or failure to perform was the legal cause of
damages suffered by the Kentucky Retirement Systems.
(g) Nothing in this section shall eliminate or limit the liability of any trustee for
any act or omission occurring prior to July 15, 1988.
(h) In discharging his or her administrative duties under this section, a trustee
shall strive to administer the retirement system in an efficient and
cost-effective manner for the taxpayers of the Commonwealth of
(16)
(17)
(18)
(19)
Kentucky.
When an order by the system substantially impairs the benefits or rights of a
member, retired member, or recipient, except action which relates to
entitlement to disability benefits, or when an employer disagrees with an order
of the system as provided by KRS 61.598, the affected member, retired
member, recipient, or employer may request a hearing to be held in
accordance with KRS Chapter 13B. The board may establish an appeals
committee whose members shall be appointed by the chair and who shall have
authority to act upon the recommendations and reports of the hearing officer on
behalf of the board. The member, retired member, recipient, or employer
aggrieved by a final order of the board following the hearing may appeal the
decision to the Franklin Circuit Court, in accordance with KRS Chapter 13B.
The board shall give the Kentucky Education Support Personnel Association
twenty-four (24) hours notice of the board meetings, to the extent possible.
The board shall establish a formal trustee education program for all trustees of
the board. The program shall include but not be limited to the following:
(a) A required orientation program for all new trustees elected or appointed
to the board. The orientation program shall include training on:
1.
Benefits and benefits administration;
2.
Investment concepts, policies, and current composition and
administration of retirement systems investments;
3.
Laws, bylaws, and administrative regulations pertaining to the
retirement systems and to fiduciaries; and
4.
Actuarial and financial concepts pertaining to the retirement
systems.
If a trustee fails to complete the orientation program within one (1) year
from the beginning of his or her first term on the board, the retirement
systems shall withhold payment of the per diem and travel expenses due
to the board member under this section and KRS 16.640 and 78.780 until
the trustee has completed the orientation program;
(b) Annual required training for board members on the administration,
benefits, financing, and investing of the retirement systems. If a trustee
fails to complete the annual required training during the calendar or fiscal
year, the retirement systems shall withhold payment of the per diem and
travel expenses due to the board member under this section and KRS
16.640 and 78.780 until the board member has met the annual training
requirements; and
(c) The retirement systems shall incorporate by reference in an
administrative regulation, pursuant to KRS 13A.2251, the trustee
education program.
In order to improve public transparency regarding the administration of the
systems, the board of trustees shall adopt a best practices model by posting
the following information to the retirement systems' Web site and shall make
available to the public:
(a) Meeting notices and agendas for all meetings of the board. Notices and
agendas shall be posted to the retirement systems' Web site at least
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
seventy-two (72) hours in advance of the board or committee meetings,
except in the case of special or emergency meetings as provided by KRS
61.823;
The Comprehensive Annual Financial Report with the information as
follows:
1.
A general overview and update on the retirement systems by the
executive director;
2.
A listing of the board of trustees;
3.
A listing of key staff;
4.
An organizational chart;
5.
Financial information, including a statement of plan net assets, a
statement of changes in plan net assets, an actuarial value of
assets, a schedule of investments, a statement of funded status and
funding progress, and other supporting data;
6.
Investment information, including a general overview, a list of the
retirement system's professional consultants, a total return on
retirement systems investments over a historical period, an
investment summary, contracted investment management
expenses, transaction commissions, and a schedule of investments;
7.
The annual actuarial valuation report on the pension benefit and the
medical insurance benefit; and
8.
A general statistical section, including information on contributions,
benefit payouts, and retirement systems' demographic data;
All external audits;
All board minutes or other materials that require adoption or ratification by
the board of trustees. The items listed in this paragraph shall be posted
within seventy-two (72) hours of adoption or ratification of the board;
All bylaws, policies, or procedures adopted or ratified by the board of
trustees;
The retirement systems' summary plan description;
A document containing an unofficial copy of the statutes governing the
systems administered by Kentucky Retirement Systems;
A listing of the members of the board of trustees and membership on
each committee established by the board, including any investment
committees;
All investment holdings and commissions for each fund administered by
the board. The board shall update the list of holdings and commissions on
a quarterly basis for fiscal years beginning on or after July 1, 2008;
An update of investment returns, asset allocations, and the performance
of the funds against benchmarks adopted by the board for each fund and
for each asset class administered by the board. The update shall be
posted on a quarterly basis for fiscal years beginning on or after July 1,
2008;
A searchable database of the systems' expenditures and a listing of each
individual employed by the systems along with the employee's salary or
wages. In lieu of posting the information required by this paragraph to the
systems' Web site, the systems may provide the information through a
Web site established by the executive branch to inform the public about
executive branch agency expenditures and public employee salaries and
wages. No provision of this paragraph shall require the systems to
disclose confidential member information protected under KRS 61.661;
and
(l) Information regarding the systems' financial and actuarial condition that is
easily understood by the members, retired members, and the public.
(20) Notwithstanding the requirements of subsection (19) of this section, the
retirement systems shall not be required to furnish information that is protected
under KRS 61.661, exempt under KRS 61.878, or that, if disclosed, would
compromise the retirement systems' ability to competitively invest in real estate
or other asset classes, or to competitively negotiate vendor fees.
(21) Notwithstanding any other provision of KRS 16.505 to 16.652, 61.510 to
61.705, and 78.510 to 78.852 to the contrary, no funds of the systems
administered by Kentucky Retirement Systems, including fees and
commissions paid to an investment manager, private fund, or company issuing
securities, who manages systems assets, shall be used to pay fees and
commissions to unregulated placement agents. For purposes of this
subsection, "unregulated placement agent" means an individual or firm who
solicits investments on behalf of an investment manager, private fund, or
company issuing securities, who is prohibited by federal securities laws and
regulations promulgated thereunder from receiving compensation for soliciting
a government agency.
Effective:July 1, 2013
History: Amended 2013 Ky. Acts ch. 120, sec. 65, effective July 1, 2013. -Amended 2012 Ky. Acts ch. 75, sec. 8, effective April 11, 2012. -- Amended
2010 Ky. Acts ch. 127, sec. 1, effective July 15, 2010. -- Amended 2009 Ky.
Acts ch. 77, sec. 19, effective June 25, 2009. -- Amended 2008 (1st Extra.
Sess.) Ky. Acts ch. 1, sec. 21, effective June 27, 2008. -- Amended 2004 Ky.
Acts ch. 36, sec. 23, effective July 13, 2004. -- Amended 2003 Ky. Acts ch. 169,
sec. 10, effective March 31, 2003. -- Amended 2002 Ky. Acts ch. 52, sec. 11,
effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 385, sec. 23, effective
July 14, 2000. -- Amended 1998 Ky. Acts ch. 105, sec. 15, effective July 15,
1998; ch. 154, sec. 59, effective July 15, 1998; and ch. 246, sec. 2, effective
July 15, 1998. -- Amended 1996 Ky. Acts ch. 167, sec. 17, effective July 15,
1996; and ch. 318, sec. 29, effective July 15, 1996. -- Amended 1994 Ky. Acts
ch. 406, sec. 3, effective July 15, 1994; and ch. 485, sec. 21, effective July 15,
1994. Amended 1992 Ky. Acts ch. 240, sec. 40, effective July 14, 1992; and
ch. 437, sec. 1, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 299,
sec. 1, effective July 13, 1990; ch. 489, sec. 6, effective July 13, 1990; and
ch. 496, sec. 39, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 349,
sec. 24, effective July 15, 1988; and ch. 351, sec. 3, effective July 15, 1988. -Amended 1986 Ky. Acts ch. 90, sec. 20, effective July 15, 1986. -- Amended
1984 Ky. Acts ch. 232, sec. 2, effective July 13, 1984. -- Amended 1982 Ky.
Acts ch. 448, sec. 65, effective July 15, 1982. -- Amended 1980 Ky. Acts
ch. 186, sec. 13, effective July 15, 1980; and ch. 246, sec. 8, effective July 15,
1980. -- Amended 1978 Ky. Acts ch. 110, sec. 100, effective January 1, 1979. -Amended 1976 Ky. Acts ch. 321, secs. 29 and 40. -- Amended 1974 Ky. Acts
ch. 128, sec. 26. -- Amended 1972 Ky. Acts ch. 116, sec. 48. -- Amended 1962
Ky. Acts ch. 58, sec. 19. -- Amended 1960 Ky. Acts ch. 165, Part II, sec. 14. -Amended 1956 (1st Extra. Sess.) Ky. Acts ch. 7, Art. XV, sec. 1. -- Created 1956
Ky. Acts ch. 110, sec. 28.
Legislative Research Commission Note (4/11/2012). 2012 Ky. Acts ch. 75, sec.
18, provides that the amendments made to subsection (21) of this statute
regarding unregulated placement agents by 2012 Ky. Acts ch. 75, sec. 8, "shall
apply to contracts established or contracts renewed on or after July 1, 2012."
Legislative Research Commission Note (6/27/2008). The Reviser of Statutes has
altered the numbering of subsection (18)(a) of this statute from the way it
appears in 2008 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 21, under the authority of
KRS 7.136(1)(c).
Legislative Research Commission Note (6/27/2008). 2008 (1st Extra. Sess.) Ky.
Acts ch. 1, sec. 44, provides "The provisions of subsection (3) of Section 21 of
this Act (this statute)... that reduce the term limits of elected or appointed
members of the board of trustees of the Kentucky Retirement Systems... shall
apply to terms of office beginning after July 1, 2008."
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