2014 Kentucky Revised Statutes CHAPTER 61 - GENERAL PROVISIONS AS TO OFFICES AND OFFICERS -- SOCIAL SECURITY FOR PUBLIC EMPLOYEES -- EMPLOYEES RETIREMENT SYSTEM 61.535 Cessation of membership -- Conditions -- Forfeiture of retirement benefits.
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61.535 Cessation of membership -- Conditions -- Forfeiture of retirement
benefits.
(1)
(2)
(3)
The membership of any person in the system shall cease:
(a) Upon withdrawal of his accumulated account balance at or any time after
termination of employment, regardless of length of service;
(b) Upon disability retirement;
(c) Upon service retirement;
(d) Upon death;
(e) For persons hired prior to August 1, 2000, upon termination of
employment with prejudice; or
(f) For persons hired on or after August 1, 2000, upon conviction of a felony
relating to the person's employment as provided in subsection (3) of this
section.
For purposes of KRS 61.510 to 61.705, 16.505 to 16.652, and 78.510 to
78.852, termination of employment with prejudice shall mean termination as
the result of conviction of the member in a court of competent jurisdiction of
embezzlement or larceny of public funds or property or malfeasance in office,
or the forcing of a member to make restitution for any funds or property
criminally taken by said member at the time of termination of employment.
Notwithstanding any provision of law to the contrary, an employee hired on or
after August 1, 2000, who participates in one (1) of the retirement systems
administered by the Kentucky Retirement Systems and who is convicted, in
any state or federal court of competent jurisdiction, of a felony related to his
employment shall forfeit rights and benefits earned under the retirement
system, except for the return of his accumulated contributions and interest
credited on those contributions. The payment of retirement benefits ordered
forfeited shall be stayed pending any appeal of the conviction. If the conviction
is reversed on final judgment, no retirement benefit shall be forfeited. The
employer shall notify the retirement system when an employee is convicted
under the provisions of this subsection.
Effective:July 1, 2013
History: Amended 2013 Ky. Acts ch. 120, sec. 46, effective July 1, 2013. -Amended 2000 Ky. Acts ch. 273, sec. 1, effective July 14, 2000. -- Amended
1988 Ky. Acts ch. 349, sec. 11, effective July 15, 1988. -- Amended 1976 Ky.
Acts ch. 321, sec. 40. -- Amended 1972 Ky. Acts ch. 116, sec. 25. -- Amended
1962 Ky. Acts ch. 58, sec. 4. -- Amended 1960 Ky. Acts ch. 165, Part II, sec. 4.
-- Created 1956 Ky. Acts ch. 110, sec. 6.
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