2017 Kentucky Revised Statutes CHAPTER 61 - GENERAL PROVISIONS AS TO OFFICES AND OFFICERS -- SOCIAL SECURITY FOR PUBLIC EMPLOYEES -- EMPLOYEES RETIREMENT SYSTEM .555 Service credit and purchases, creditable compensation, and other credits for military service.
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61.555 Service credit and purchases, creditable compensation, and other
credits for military service.
(1)
(a)
(b)
(c)
(2)
(a)
(b)
After August 1, 1998, any employee entering the Armed Forces of the
United States after he first participates in the system, who joins the Armed
Forces within three (3) months of the last day of paid employment, being
on leave of absence from service and not withdrawing his accumulated
account balance, shall be credited for retirement purposes with service
credit and creditable compensation as provided in 38 U.S.C. sec. 4318 for
his period of active military duty in the Armed Forces of the United States,
not to exceed six (6) years, if:
1.
The member's military service was terminated in a manner other
than as described in 38 U.S.C. sec. 4304; and
2.
The member returns to work with an employer participating in one
(1) of the retirement systems administered by the Kentucky
Retirement Systems within two (2) years after completion of the
period of active military duty, or upon the subsequent termination of
any total disability which existed at the expiration of the two (2)
years after discharge.
A member eligible for the benefit prescribed by this subsection who
participates in the hybrid cash balance plan as provided by KRS 16.583
and 61.597 shall also have his or her member account credited with
employee contributions, employer pay credits, and interest credits, as
provided by KRS 16.583 and 61.597, as though the member were
employed during the member's period of active military duty described by
this subsection.
The employer shall remit to the retirement systems the employer
contributions that would have been due under KRS 61.565 and 61.702 for
periods of service credited under this subsection.
After August 1, 1998, any employee who, prior to the date he first
participated in the system, terminated his employment with an agency
participating in one (1) of the systems administered by the Kentucky
Retirement Systems and within three (3) months entered the Armed
Forces of the United States and who returns to work with an employer
participating in one (1) of the retirement systems administered by the
Kentucky Retirement Systems within two (2) years after completion of the
period of active military duty, or upon the subsequent termination of any
total disability which existed at the expiration of the two (2) years after
discharge, shall be credited for retirement purposes with service credit
and creditable compensation as provided in 38 U.S.C. sec. 4318 for his
period of active military duty in the Armed Forces, not to exceed six (6)
years if his military service was terminated in a manner other than as
described in 38 U.S.C. sec. 4304.
A member eligible for the benefit prescribed by this subsection who
participates in the hybrid cash balance plan as provided by KRS 16.583
and 61.597 shall also have his or her member account credited with
employee contributions, employer pay credits, and interest credits, as
provided by KRS 16.583 and 61.597, as though the member were
(3)
(4)
(5)
(6)
(7)
employed during the member's period of active military duty described by
this subsection.
(c) The employer shall remit to the retirement systems the employer
contributions that would have been due under KRS 61.565 and 61.702 for
periods of service credited under this subsection.
Any National Guard technician involuntarily serving on active military duty
during the period between January 26, 1968, and January 1, 1970, who
completes his eight (8) years' service while on military duty during this period,
shall have that portion of his active military duty, necessary to the completion of
eight (8) years' current service, credited to his account, as current service
without having to meet the reemployment criteria.
Any employee eligible for retirement as prescribed in KRS 61.559 or any
employee upon completion of five (5) years of service shall receive current
service credit for a maximum of four (4) years for his period of active military
duty in the Armed Forces of the United States, if his military service was
terminated in a manner other than as described in 38 U.S.C. sec. 4304 and he
has not been credited with the service under subsections (1) to (3) of this
section if he pays thirty-five percent (35%) of the cost of the service based on
the formula adopted by the board. The payment by the member shall not be
picked up by the employer, as described in KRS 61.560(4), and shall be
deposited to his individual member's account. The remaining sixty-five percent
(65%) shall be paid by the state from funds appropriated specifically for the
purpose and these payments shall be deposited to the respective retirement
allowance accounts. If no funds are available in the special appropriation
account, the system shall not accept employee payments until funds are
available in the account.
Any employee participating in one (1) of the retirement systems administered
by Kentucky Retirement Systems eligible to purchase military service credit
under subsection (4) of this section shall receive current service credit for
active military duty as provided under subsection (4) of this section without
payment of the current employee contribution ratio if the member was taken
prisoner by a hostile power at any time during active military service.
Any employee participating in one (1) of the retirement systems administered
by Kentucky Retirement Systems age sixty-five (65) or older who has
forty-eight (48) months of service, at least twelve (12) of which are current
service, or if younger who has sixty (60) months of service, at least twelve (12)
of which are current service shall receive current service for his period of active
military duty in the Armed Forces of the United States, if his military service
was terminated in a manner other than as described in 38 U.S.C. sec. 4304
and he has not been credited with the service under subsections (1) to (4) of
this section, by paying the retirement system a delayed contribution payment in
accordance with the payment options and restrictions established by KRS
61.552(14). Service purchases made pursuant to this subsection shall be
purchased by the entire amount of service available pursuant to this subsection
or by increments.
Any employee participating in one (1) of the retirement systems administered
by the Kentucky Retirement Systems age sixty-five (65) or older who has
(8)
forty-eight (48) months of service, at least twelve (12) of which are current
service, or if younger who has sixty (60) months of service, at least twelve (12)
of which are current service, shall receive one (1) month of current service for
each six (6) months of service in the National Guard or the military reserves of
the United States, by paying the retirement system a delayed contribution
payment in accordance with the payment options and restrictions established
by KRS 61.552(14). The service shall be treated as service earned prior to
participation in the system and shall not be included in the member's final
compensation. Service purchases made pursuant to this subsection shall be
purchased by the entire amount of service available pursuant to this subsection
or by increments.
For members who begin participating in the systems administered by Kentucky
Retirement Systems on or after January 1, 2014, in the hybrid cash balance
plan prescribed by KRS 16.583 and 61.597, the provisions of subsections (4)
to (7) of this section shall not apply.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 32, sec. 11, effective June 29, 2017. -Amended 2013 Ky. Acts ch. 120, sec. 51, effective July 1, 2013. -- Amended
2004 Ky. Acts ch. 36, sec. 12, effective July 13, 2004. -- Amended 2002 Ky.
Acts ch. 52, sec. 6, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 385,
sec. 15, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 105, secs. 10
and 26, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 240, sec. 22,
effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 132, sec. 1, effective July
13, 1990. -- Amended 1986 Ky. Acts ch. 179, sec. 1, effective July 15, 1986;
and ch. 362, sec. 1, effective July 15, 1986. --Amended 1984 Ky. Acts ch. 121,
sec. 1, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 166, sec. 19,
effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 186, sec. 7, effective July
15, 1980. --Amended 1978 Ky. Acts ch. 311, sec. 13, effective June 17, 1978. -Amended 1976 Ky. Acts ch. 321, sec. 17. -- Amended 1974 Ky. Acts ch. 48,
sec. 1; and ch. 302, sec. 1. -- Amended 1972 Ky. Acts ch. 116, sec. 32; ch. 116,
sec. 32; and ch. 133, sec. 1. -- Amended 1966 Ky. Acts ch. 32, sec. 6. -Created 1956 Ky. Acts ch. 110, sec. 10.
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