2015 Kentucky Revised Statutes
CHAPTER 161 - SCHOOL EMPLOYEES -- TEACHERS' RETIREMENT AND TENURE
161.614 Court-ordered back salary and reinstatement.
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<![CDATA[161.614 Court-ordered back salary and reinstatement.
A court order awarding additional back salary to or reinstating a member as a result of
employment in a position covered by the Kentucky Teachers’ Retirement System
shall entitle the member to additional salary or service credit, or both, under the following
circumstances:
(1) Members shall make contributions to the Kentucky Teachers’ Retirement
System at the rate set forth in KRS 161.540 and members’ employers shall
make contributions at the rate set forth in KRS 161.550, with interest accruing on
all contributions at the rate of eight percent (8%) per annum from the end of each
fiscal year that back salary or the reinstatement was ordered. Contributions, plus
interest, shall be made for each year that back salary or reinstatement was ordered.
No service or salary credit shall be credited to a member’s account unless full
contributions are paid to the Kentucky Teachers’ Retirement System;
(2) The member may have court-ordered back salary credited to his or her account only
to the extent that the member actually received payment for the back salary and only
to the extent that the court-ordered back salary is within the salary scale that was
available to the member in the covered position for the years that the back salary
was awarded. Court-ordered back salary can be credited to the member’s
account only as permitted under KRS 161.220(9) and (10). The member may have
court-ordered service credited to his or her account only after the retirement system
has received the contributions and interest on the full compensation that would
normally be earned in the position that is the subject of the litigation;
(3) The member’s employer ordered to pay back salary or to reinstate the member
by a court of competent jurisdiction shall provide the retirement system with a
breakdown of the back salary awarded to the member on a year-by-year basis;
(4) The calculations of the contributions and interest required to be paid for courtordered back salary or reinstatement shall be provided by the retirement system to
the member or the member’s employer at the member’s or employer’s
request. Requests for these calculations shall be made with at least two (2) weeks of
advance notice to the retirement system to provide these calculations. The
retirement system will calculate accrued interest as of the last day of the month
during which payment of the full contributions are made;
(5) For purposes of this section, a settlement agreement that provides back salary or
reinstatement, and is adopted by order or judgment of a court of competent
jurisdiction or is referenced in an order dismissing the action as settled shall have
the same effect as a court order adjudicating the matter. Orders entered by a
government board or agency as a result of litigation conducted on an administrative
hearing level and legally binding arbitration awards shall be considered as court
orders for the purposes of this section; and
(6) Under no circumstances shall a member be entitled to service credit as a result of
court-ordered reinstatement that is in violation of the provisions of KRS 161.500.
Effective: July 1, 2008
History: Amended 2008 Ky. Acts ch. 78, sec. 16, effective July 1, 2008. -- Amended
2004 Ky. Acts ch. 121, sec. 18, effective July 1, 2004. -- Created 2002 Ky. Acts ch.
275, sec. 2, effective July 1, 2002.
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