2017 Kentucky Revised Statutes CHAPTER 90 - CITY CIVIL SERVICE .400 Pension fund in cities -- Coverage provided in County Employees Retirement System after August 1, 1988 -- Repeal of ordinances established for creation or maintenance of pension fund -- Liquidation and distribution of residual assets -- Report.
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90.400
Pension fund in cities -- Coverage provided in County Employees
Retirement System after August 1, 1988 -- Repeal of ordinances established for
creation or maintenance of pension fund -- Liquidation and distribution of
residual assets -- Report.
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Any city maintaining a pension fund for employees under civil service hired before
August 1, 1988, operating pursuant to this section as of January 1, 2015, shall
continue to operate the existing pension fund in accordance with this section. The
city may assess monthly such amount or percent of the salary of the employees as
may be equitably determined on a fair actuarial basis, the assessment to be deducted
from the employees' salaries and paid in cash into the pension fund.
The city may make current contributions to the fund on an actuarially funded basis,
toward the annuities and benefits herein provided. These contributions shall be
equal to the sum of the following:
(a) An annual amount resulting from the application of a rate percent of salaries
of active members, representing the present value of the actuarial reserve
requirements for membership service, for service retirement annuity, disability
retirement annuity, and annuities to surviving spouses and children, and the
one-year term premium for the city's liability for death benefits, after applying
the contribution by the active members. Such rate percent shall be fixed by the
city legislative body at least once every three (3) to five (5) years after
completion of the actuarial valuation required by KRS 65.156, and shall be in
effect until the next actuarial valuation is completed by the fund.
(b) An amount resulting from the application of a rate percent of the salaries of
active members which will provide each year regular interest on the remaining
liability for prior service.
The city may create or continue to operate a board for the pension fund and
designate trustees of that board to serve as the governing body of the fund, and may
fix the powers of the trustees, determine the eligibility of employees or their
dependents to a pension or other benefit, and may provide a monthly allowance for
employees eligible for a pension.
Temporary employees appointed without examination shall not be compelled to
contribute to any pension fund and shall not be eligible to benefits.
In no year shall the contribution by the city to the pension fund, in the manner
provided in this section, be less than the total amount assessed upon and deducted
from the salary of the employees.
The trustees of the pension fund shall, at least once every three months, report in
writing to the mayor the receipts, expenditures, and financial status of the pension
fund, stating the places of deposit of funds, or the character of investments made,
and the mayor shall cause copies of the report to be posted in at least three (3)
places where city employees frequent and report.
When any city maintaining a pension fund for employees under civil service hired
before August 1, 1988, operating pursuant to this section as of January 1, 2015,
picks up employee contributions pursuant to KRS 65.155, or accepts from its
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employees a portion of their wages and contributes city funds therefor, an inviolable
contract shall be created between the city as employer and its employees, and the
city and its employees shall continue to operate under KRS 90.310 to 90.390 and
the adopting ordinance, except that employees, pursuant to subsection (8) of this
section, may choose to participate in the County Employees Retirement System. A
repeal of that ordinance by the city shall in no wise affect such employees unless by
the mutual consent of the city and an employee or employees.
After August 1, 1988, no new pension fund shall be created pursuant to this section,
and cities which were covered by this section on or prior to August 1, 1988, shall
participate in the County Employees Retirement System effective August 1, 1988.
Any city which provided a pension plan for its employees on or prior to August 1,
1988, shall place employees hired after August 1, 1988, in the County Employees
Retirement System. The board shall offer employees hired on or prior to August 1,
1988, membership in the County Employees Retirement System under the alternate
participation plan as described in KRS 78.530(3), but such employees may elect to
retain coverage under this section.
If all liabilities to all individuals entitled to benefits have been satisfied for a
pension fund covered by this section, any ordinances established for creation or
maintenance of the fund may be repealed by the majority vote of the duly elected
members of the entire legislative body of the city. If repealed, the governing body of
the fund shall, within sixty (60) days of repeal, proceed with the liquidation of any
residual assets of the fund. All residual assets liquidated pursuant to this subsection
shall be distributed by the fund's governing body to the city government's general
fund so long as the return of assets complies with federal and state law governing
the distribution of assets. Within thirty (30) days following the distribution of
residual assets, the governing body of the fund shall as its last act file a complete
report with the legislative body of the city of the actions taken to dissolve the fund
and liquidate residual assets of the fund for retention by the city clerk the same as
for other city records.
Effective: July 15, 2016
History: Amended 2016 Ky. Acts ch. 31, sec. 5, effective July 15, 2016. -- Amended
2014 Ky. Acts ch. 92, sec. 85, effective January 1, 2015. -- Amended 1988 Ky. Acts
ch. 11, sec. 8, effective July 15, 1988. -- Amended 1984 Ky. Acts ch. 177, sec. 8,
effective July 13, 1984; and ch. 192, sec. 5, effective July 13, 1984. -- Amended
1982 Ky. Acts ch. 166, sec. 46, effective July 15, 1982; and ch. 297, sec. 5, effective
July 15, 1982. -- Amended 1974 Ky. Acts ch. 386, sec. 13. -- Amended 1972 Ky.
Acts ch. 315, sec. 1. -- Amended 1960 Ky. Acts ch. 26, sec. 1, effective June 16,
1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from
Ky. Stat. secs. 3235h-2, 3235h-10.
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