2021 Kentucky Revised Statutes Chapter 15 - Department of law 15.460 Supplemental payments and retirement contributions to local governments from fund -- Administrative expense reimbursement -- Fringe benefits costs -- Conservation officers and Tourism, Arts and Heritage Cabinet peace officers -- Supplements to qualified police officers, sheriffs, and deputy sheriffs -- Receipt of supplements during period of military activation -- Due process disciplinary procedures.
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15.460 Supplemental payments and retirement contributions to local governments
from fund -- Administrative expense reimbursement -- Fringe benefits costs -Conservation officers and Tourism, Arts and Heritage Cabinet peace officers - Supplements to qualified police officers, sheriffs, and deputy sheriffs -Receipt of supplements during period of military activation -- Due process
disciplinary procedures.
(1)
(a)
(b)
(c)
Except as provided in subsection (4)(a) of this section, an eligible unit of
government shall be entitled to receive an annual supplement of three
thousand dollars ($3,000) for each qualified police officer it employs. The
supplement amount shall be increased to four thousand dollars ($4,000)
beginning July 1, 2018.
1.
In addition to the supplement, the unit of government shall receive an
amount equal to the required employer's contribution on the supplement
to the retirement plan and duty category to which the officer belongs. In
the case of County Employees Retirement System membership, the
retirement plan contribution on the supplement shall be paid whether the
officer enters the system under hazardous duty coverage or
nonhazardous coverage.
2.
The unit of government shall pay the amount received for retirement
plan coverage to the appropriate retirement system to cover the required
employer contribution on the pay supplement.
3.
If the foundation program funds are insufficient to pay employer
contributions to the system, then the total amount available for
retirement plan payments shall be prorated to each eligible government
so that each receives the same percentage of required retirement plan
costs attributable to the cash salary supplement.
1.
In addition to the payments received under paragraphs (a) and (b) of this
subsection, but only if sufficient funds are available to make all
payments required under paragraph (b) of this subsection, each unit of
government shall receive an administrative expense reimbursement in an
amount equal to seven and sixty-five one-hundredths percent (7.65%) of
the total annual supplement received greater than three thousand one
hundred dollars ($3,100) for each qualified police officer that is a local
officer as defined in KRS 15.420(2)(a)1. that it employs, subject to the
cap established by subparagraph 3. of this paragraph.
2. The unit of government may use the moneys received under this
paragraph in any manner it deems necessary to partially cover the costs
of administering the payments received under paragraph (a) of this
subsection.
3.
The total amount distributed under this paragraph shall not exceed the
total sum of five hundred twenty-five thousand dollars ($525,000) for
each fiscal year. If there are insufficient funds to provide for full
reimbursement as provided in subparagraph 1. of this paragraph, then
the amount shall be distributed pro rata to each eligible unit of
(2)
(3)
government so that each receives the same percentage attributable to its
total receipt of the cash salary supplement.
(d) In addition to the payments received under paragraphs (a) and (b) of this
subsection, each unit of government shall receive the associated fringe
benefits costs for the total supplement of four thousand dollars ($4,000) for
each qualified police officer that is a state officer as defined in KRS
15.420(2)(a)2. that it employs. Fringe benefits shall be limited to retirement
plan contributions and the federal insurance contributions act tax.
(e) Notwithstanding paragraphs (a) to (d) of this subsection, a Kentucky
Department of Fish and Wildlife Resources conservation officer appointed
pursuant to KRS 150.090(2) and listed in KRS 15.420(2)(a)2.n. shall be a
participant in the Kentucky Law Enforcement Foundation Program fund, but
shall not receive an annual supplement from that fund. A conservation officer
shall receive an annual training stipend commensurate to the annual
supplement paid to the police officer as defined in KRS 15.420. The annual
training stipend disbursed to a conservation officer shall be paid from the
game and fish fund pursuant to KRS 150.150.
(f) Any peace officer sanctioned by the Tourism, Arts and Heritage Cabinet shall
be deemed a police officer solely for the purpose of inclusion in the Law
Enforcement Foundation Program fund.
The supplement provided in subsection (1) of this section shall be paid by the unit
of government to each police officer whose qualifications resulted in receipt of a
supplemental payment. The payment shall be in addition to the police officer's
regular salary and, except as provided in subsection (4)(b) of this section, shall
continue to be paid to a police officer who is a member of:
(a) The Kentucky National Guard during any period of activation under Title 10
or 32 of the United States Code or KRS 38.030; or
(b) Any reserve component of the United States Armed Forces during any period
of activation with the United States Armed Forces.
(a) A qualified sheriff who receives the maximum salary allowed by Section 246
of the Kentucky Constitution and KRS 64.527 shall not receive a supplement.
(b) A qualified sheriff who does not receive the maximum salary allowed by
Section 246 of the Kentucky Constitution and KRS 64.527, excluding the
expense allowance provided by KRS 70.170, shall upon annual settlement
with the fiscal court under KRS 134.192, receive that portion of the
supplement that will not cause his or her compensation to exceed the
maximum salary.
(c) A qualified sheriff who seeks to participate in the fund shall forward a copy of
the annual settlement prepared under KRS 134.192 to the fund. The sheriff
shall reimburse the fund if an audit of the annual settlement conducted
pursuant to KRS 134.192 reflects that the sheriff received all or a portion of
the supplement in violation of this section. A sheriff who fails to provide a
copy of the annual settlement to the fund or to reimburse the fund after
(4)
(5)
correction by audit, if required, shall not be qualified to participate in the fund
for a period of two (2) years.
(d) A qualified deputy sheriff shall receive the supplement from the sheriff if the
sheriff administers his or her own budget or from the county treasurer if the
sheriff pools his or her fees. The failure of a sheriff to comply with the
provisions of this section shall not affect the qualification of his or her
deputies to participate in the fund.
(a) Eligible units of government shall receive the salary supplement, excluding
funds applicable to the employer's retirement plan contribution, provided in
subsection (1) of this section for distribution to a police officer who is eligible
under subsection (2) of this section.
(b) A qualified police officer receiving a salary supplement during any period of
military activation, as provided in subsection (2) of this section, shall not be
entitled to receive the employer's retirement plan contribution, and the salary
supplement shall not be subjected to an employee's contribution to a
retirement plan. The salary supplement shall otherwise be taxable for all
purposes.
A unit of government receiving disbursements under this section shall follow all
laws applicable to it that may govern due process disciplinary procedures for its
officers, but this subsection shall not be interpreted to:
(a) Authorize the department, the cabinet, or the council to investigate, judge, or
exercise any control or jurisdiction regarding the compliance of a unit of
government with laws that may govern due process disciplinary procedures
for its officers, except as otherwise provided by laws;
(b) Create a private right of action for any police officer regarding an agency's
participation in this section;
(c) Authorize a termination of an agency's participation as a result of a judgment
that the unit of government failed to follow its procedures in any independent
cause of action brought by the police officer against the unit of government; or
(d) Prevent the adoption, amendment, or repeal of any laws that may govern the
due process disciplinary procedures of a unit of government's police officers.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 167, sec. 4, effective June 27, 2019. -- Amended
2018 Ky. Acts ch. 89, sec. 6, effective July 1, 2018. -- Amended 2012 Ky. Acts ch.
86, sec. 1, effective July 12, 2012. -- Amended 2009 Ky. Acts ch. 10, sec. 53,
effective January 1, 2010. -- Amended 1998 Ky. Acts ch. 244, sec. 3, effective July
15, 1998; ch. 510, sec. 3, effective July 15, 1998; and ch. 606, sec. 56, effective July
15, 1998. -- Amended 1988 Ky. Acts ch. 11, sec. 13, effective July 15, 1988; and ch.
366, sec. 2, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 246, sec. 9,
effective July 1, 1982. -- Amended 1980 Ky. Acts ch. 297, sec. 1, effective July 15,
1980. -- Amended 1974 Ky. Acts ch. 74, Art. V, sec. 24(10). -- Created 1972 Ky.
Acts ch. 71, sec. 6.
Legislative Research Commission Note (7/1/2018). An error in this statute has been
corrected in codification. In the amendment to this statute in 2018 Ky. Acts ch. 89,
sec. 6, subsection (1)(e) contains the phrase "police officer as defined in Section 1 of
this Act." Section 1 amends KRS 15.410, but no definition of the term "police
officer" appears in that statute. It is clear from the context that the definition being
referred to appears in Section 2 of the Act, which amends KRS 15.420. Under the
authority of KRS 7.136(1)(f) and (h), the Reviser of Statutes has corrected the
reference to read "KRS 15.420."
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