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2021 Kentucky Revised Statutes
Chapter 61 - General provisions as to offices and officers -- social security for public employees -- employees retirement system
General Provisions
- 61.010 Office not to be sold -- Penalty -- Contracts to sell are void.
- 61.012 Qualification for appointive office or position as to compliance with campaign finance laws.
- 61.015 Residence requirements for office or employment when city or district boundaries altered.
- 61.020 Commissions, which officers required to have.
- 61.030 Discharge of duties, when officer to enter upon.
- 61.035 Deputy may act for ministerial officer.
- 61.040 Conviction of certain crimes vacates office -- Pardon does not avoid.
- 61.050 Officer's acts before conviction are valid.
- 61.060 Official acts may be questioned collaterally, when.
- 61.070 Eligibility of General Assembly member or candidate as administrative board or commission member.
- 61.080 Incompatible offices.
- 61.090 Acceptance of incompatible office vacates first.
- 61.092 Amended and reenacted as KRS 45A.330, effective January 1, 1979.
- 61.094 Repealed, amended, and reenacted as KRS 45A.335, effective January 1, 1979.
- 61.096 Amended and reenacted as KRS 45A.340, effective January 1, 1979.
- 61.097 Involvement of local government officers, employees, and their spouses in contracts for solid waste management facilities -- Effect on contract -- Penalties.
- 61.098 Practice of law prohibited.
- 61.100 Dueling disqualifies person to hold office.
- 61.101 Definitions.
- 61.102 Reprisal against public employee for disclosure of violations of law prohibited -- Construction of statute.
- 61.103 Definitions of "disclosure" and "contributing factor" -- Civil action by employee authorized -- Evidence.
- 61.110 State officers at capital may retain residence in home district.
- 61.120 Salary -- Deduction from for failure to perform duty.
- 61.130 Salary of county attorney, county judge/executive or Commonwealth's attorney -- How deducted.
- 61.140 Repealed, effective January 2, 1978.
- 61.150 Member of General Assembly -- How salary deducted.
- 61.160 Closing public offices.
- 61.165 Smoking policy for governmental office buildings or workplaces and postsecondary education institutions.
- 61.167 Smoking prohibited in public areas of Capitol and Capitol Annex -- "Public area" defined -- Each branch may designate smoking areas -- Requirements for smoking area.
- 61.168 Body-worn cameras and video and audio recordings -- Disclosure, retention, and availability for viewing governed by KRS 61.870 to 61.884 and 171.410 to 171.740 -- Exceptions.
- 61.169 Attorney representing person or entity involved in body-worn camera recording incident -- Right to view copy of recording -- Limitations -- Sanctions.
- 61.170 Malfeasance or neglect of county officers -- Penalty.
- 61.180 Drunkenness of officer on duty -- Penalty.
- 61.190 Repealed, 2003.
- 61.200 Jury fees, penalty for buying.
- 61.210 Justices, county judges/executive, county attorneys, and mayors or council members of consolidated local government not to be interested in public improvements -- Penalty.
- 61.220 Fiscal court members and mayors or council members of a consolidated local government not to be interested in public improvements or claims against county -- Penalty.
- 61.230 Sheriff and collector not to be interested in public improvements or claims against state or county -- Penalty.
- 61.240 County attorney and clerks not to buy claims against county -- Penalty.
- 61.250 Repealed, 1994.
- 61.251 Definitions for KRS 61.252.
- 61.252 Prohibition against city officers and employees contracting with city or city agency for property or services -- Exceptions -- Penalty.
- 61.260 Repealed, 1994.
- 61.270 Repealed, 1994.
- 61.280 Repealed, 1994.
- 61.290 Repealed, 1958.
- 61.295 Repealed, 1958.
- 61.298 Required written police pursuit policies -- Subjects to be addressed -- Filing with Justice and Public Safety Cabinet -- Officers’ written confirmation of receipt -- Annual review -- Purpose.
- 61.300 Nonelective peace officer or deputy -- Qualifications.
- 61.310 Compensation of peace officers -- Other employment -- Gratuities -- Penalties.
- 61.315 Benefits payable on death of certain peace officers, firefighters, correctional officers, jailers, school resource officers, members of a state National Guard or Reserve component, and emergency medical services personnel -- Administrative regulations -- Estates to be exempted from probate fees -- Funds allotted to a self-insuring account -- Presumption that firefighter's death from cancer resulted from act in the line of duty under certain conditions.
- 61.316 Repealed, 2002.
- 61.320 County road officials to turn over money to successor -- Penalty for failure.
- 61.330 Chief state school officer to deliver effects to successor -- Penalty.
- 61.340 County or city clerk to deliver records to successor -- Penalty for failure.
- 61.350 Cemetery companies and burying grounds, penalty for failure to enforce laws relating to.
- 61.360 Special local peace officers -- Appointment -- Fee -- Qualifications -- Removal -- Duties -- Not to impersonate public police officer.
- 61.362 Agreement permitting peace officers to patrol private residential property to enforce state and local traffic and motor vehicle laws.
- 61.365 Named federal employees deemed peace officers in Kentucky.
- 61.370 Repealed, 1966.
- 61.371 Definitions for KRS 61.371 to 61.379.
- 61.373 Restoration of public employee to position after military duty -- Right to leave of absence -- Appeals.
- 61.375 Restored employee discharged only for cause for year -- Seniority.
- 61.377 Leaves of absence to permit induction in military service.
- 61.379 Rules and regulations -- Appeals from failure to restore or discharge -- Procedure.
- 61.380 Certain counties may pay attendance expenses of officers at conferences, meetings or hearings -- Statement of expenses to be filed.
- 61.385 Certain counties may reimburse officers and employees for use of personal motor vehicles on official business.
- 61.387 Equipment of conspicuously marked law enforcement vehicles used for transportation of prisoners.
- 61.390 Facsimile signatures and seals on certain public securities -- Options.
- 61.392 Cabinets to report to Legislative Research Commission on number of full-time employees and full-time equivalents working under contract.
- 61.394 State employees' leave of absence -- Pay -- Unused military leave.
- 61.395 Leave time for state employee who is disaster services volunteer -- Short title.
- 61.396 Employees of political subdivisions eligible.
- 61.400 Suspension or removal of judge.
- 61.405 Use of excess fees by county sheriff or county clerk for health insurance or health maintenance organization coverage.
- 61.407 Transfer of leave balances and retirement service credits from unified prosecutorial system to executive branch.
- 61.409 Law enforcement agency not to establish requirements for employees relating to residency or voter registration -- Exceptions -- Application.
- 61.410 Declaration of policy.
- 61.420 Definitions for KRS 61.410 to 61.500.
- 61.430 Federal-state agreement.
- 61.435 Referendum on coverage under agreement -- Separate system for state colleges.
- 61.440 Interstate instrumentalities.
- 61.450 Contributions by state employees.
- 61.460 Plans for coverage of employees of political subdivisions.
- 61.470 Contribution fund and contingent liability fund.
- 61.480 State contributions authorized.
- 61.490 Rules and regulations.
- 61.500 Retroactive effect of KRS 61.410 to 61.500.
- 61.505 Kentucky Public Pensions Authority – Purpose -- Membership, vacancies, compensation, and meetings -- Authority granted powers and privileges of corporation -- Executive director and employees -- Expenses -- Authorization of administrative expenses -- Duties of members.
- 61.510 Definitions for KRS 61.510 to 61.705.
- 61.515 Retirement system established -- Fund created.
- 61.520 Participation determined by board and fixed by executive order -- Authority for order.
- 61.521 Repealed, 1996.
- 61.522 Definitions -- Voluntary and involuntary cessation of participation by employer in retirement system -- Effects of on employees, employers, and system -- Statutes and administrative regulations that prevail regarding participation.
- 61.523 Cessation of participation by employer in retirement system and establishment of a governmental plan -- Effects of on employees and employers -- No legislative determination that employer ceasing to participate is a "governmental agency.".
- 61.525 Membership.
- 61.526 Employee and employer may file statement of facts at retirement office -- Procedures for verification.
- 61.527 Extension of system to include police court judges and their present and future survivors covered as of December 31, 1977, under retirement plans established by cities of second or third class -- Procedure for transfer of coverage to state system.
- 61.530 Nonelection of membership -- Penalty.
- 61.535 Cessation of membership -- Conditions -- Forfeiture of retirement benefits.
- 61.540 Statement of member and employer -- Summary plan description.
- 61.541 Creditable compensation of fee officers.
- 61.542 Designation of principal and contingent beneficiaries -- Rights -- Effects of change in certain conditions -- Designation following cessation of membership.
- 61.543 Deduction or pick-up of employee contributions -- Service credit -- Educational leave.
- 61.545 Service credit determination -- Division of service credit.
- 61.546 Sick leave for employees who began participating before January 1, 2014. (Declared void -- See LRC Note Below).
- 61.547 Transfer of annual and sick leave balances by employees.
- 61.550 Cessation of membership -- Loss of allowance and benefits.
- 61.552 Credit for service -- Purchases and grants.
- 61.5525 Repealed, 2021.
- 61.553 Service credit -- Police.
- 61.554 Repealed, 2000.
- 61.555 Repealed, 2021.
- 61.557 Service credit -- United States employment service.
- 61.558 Repealed, 2004.
- 61.559 Service required for retirement allowance of members who began participating before January 1, 2014.
- 61.560 Employee's contribution -- Rate -- Picked-up employee contributions.
- 61.565 Employer's contributions -- Computation of normal cost contribution and accrued liability -- Contribution -- Notification of change in employer contribution rate -- Employers to pay full contribution.
- 61.567 Employer's contributions by credit union.
- 61.569 Reinstated employee -- Contributions on creditable compensation.
- 61.570 Fund assets.
- 61.575 Members' account -- Interest -- Transfer of account balance to retirement allowance account.
- 61.580 Retirement allowance account.
- 61.585 Repealed, 1976.
- 61.590 Filing of Notification of Retirement and Estimated Retirement Allowance forms -- Selection of payment option -- Effective date.
- 61.592 Retirement of persons working in hazardous positions.
- 61.593 Retirement allowance of former member in hazardous position.
- 61.595 Annual retirement allowance -- Limitations.
- 61.5955 Election by member participating in KERS, CERS, or SPRS on or after September 1, 2008, but before January 1, 2014 -- Participation in hybrid cash balance plan -- Private letter ruling -- Administrative regulations -- Restriction.
- 61.5956 Repealed, 2021.
- 61.596 Repealed, 2000.
- 61.597 Hybrid cash balance plan for certain members of Kentucky Employees Retirement System in nonhazardous duty positions -- Member contributions and employer pay credits -- Interest credits -- Termination of employment -- Options upon retirement.
- 61.598 Limitations and exclusions on increases in creditable compensation in last five years of service for employees retiring on or after January 1, 2018 -- Exceptions -- Employer to pay actuarial costs resulting from certain increases in creditable compensation -- Inquiries from employers -- Hearing and appeal -- Reporting of exemptions -- Inapplicability to hybrid cash balance and money purchase plan participants.
- 61.599 Calculation of retirement allowance for members of Kentucky Employees Retirement System.
- 61.5991 Quasi-governmental employers participating in KERS -- Required reports -- Audits -- Legislative intent regarding future appropriations to subsidize retirement costs.
- 61.600 Disability retirement.
- 61.605 Disability retirement allowance.
- 61.607 Maximum disability benefit -- Determination -- Combined payments not increased as a result of legislation -- Annual report by disability recipient.
- 61.610 Employment and medical review after disability retirement -- Filing of review forms -- Duty of system to assist in obtaining records -- Disability fraud investigator.
- 61.615 Disability retirement allowance -- Reduction -- Discontinuance -- Medical examiners -- Hearings and appeals -- Early retirement upon discontinuance of disability allowance for member who began participating before January 1, 2014.
- 61.620 Repealed, 1976.
- 61.621 Fred Capps Memorial Act -- Eligibility for benefits for duty-related injury -- Benefits for surviving spouse and dependent children -- Receipt of benefits pending final determination.
- 61.623 Electronic fund transfer of retirement allowance required -- Exceptions.
- 61.625 Refund of account balance or contributions.
- 61.626 Repealed, 2009.
- 61.630 Death after retirement -- Refund of contributions.
- 61.635 Optional retirement plans.
- 61.637 Suspension of retirement payments on reemployment -- Reinstatement -- Recomputation of allowance -- Waiver of provisions in certain instances -- Reemployment in a different position -- Effect of reemployment of retired member -- Retired member serving as volunteer, independent contractor, or leased employee -- Effect of reelection for same office -- Resignation not required of certain mayors and city legislative body members to draw benefits -- Certification of absence of prearranged agreement or qualification as independent contractor or leased employee -- Forms.
- 61.640 Death before retirement -- Beneficiary's options -- Taxable distributions.
- 61.645 Board of trustees -- Powers -- Members -- Chief executive officer, general counsel, and other employees -- Appeals -- Other duties -- Limitation on Governor's authority -- Annual financial report -- Trustee education program -- Information made available to public.
- 61.646 Transfer of administration of County Employees Retirement System from Kentucky Retirement Systems board of trustees to County Employees Retirement System board of trustees established in KRS 78.782 -- Intent to enact future legislation.
- 61.650 Board is trustee of funds -- Investment committee -- Standards of conduct ---- Registration of securitiesControl over assets in custodial account -- Application of open records law -- Cap on amount of assets managed by any one investment manager -- Investment procurement policy.
- 61.652 Administration of all excess benefit plans -- Participation in plan -- Determination of benefit amount -- Required contribution of plans.
- 61.655 Conflict of interest -- Trustees, employees, members of General Assembly, public servants.
- 61.660 Custodian of funds -- Cash and securities.
- 61.661 Member's account confidential -- Release of certain information from accounts of current or former legislators -- Response to subpoenas.
- 61.663 Excess benefit plan -- Purpose -- Excess benefit fund.
- 61.665 Medical examiners -- Ruling on disability retirement -- Appeal -- Referral for evaluation and retraining.
- 61.670 Duties of board -- Actuarial tables, valuations, investigations, and analyses -- Audit -- Actuary for Legislative Research Commission.
- 61.675 Employer's administrative duties -- Audit -- Filing of contributions and reports -- Delinquency in making installment payments.
- 61.680 Consent of employees to deductions -- Consolidation for determination of eligibility and determination of benefits -- Waiver -- Choice among retirement systems -- Reciprocal arrangements.
- 61.685 Records -- Audits -- System's authority to enforce its powers -- Limitation of liability -- Fraudulent claims to obtain benefits -- Investigation, enforcement, and penalties.
- 61.690 Exemption of retirement allowances -- Taxability after December 31, 1997 -- Domestic relations orders.
- 61.691 Increase of benefits.
- 61.692 Benefits not to be reduced or impaired for members who began participating before January 1, 2014 -- Exceptions -- Amendment of benefits and rights. (Declared void -- See LRC Note Below).
- 61.695 Repealed, 1972.
- 61.699 System's ability to require statements under oath.
- 61.700 Repealed, effective January 1, 1975.
- 61.701 Kentucky Retirement Systems insurance trust fund -- Purpose -- Participation, regulation, and termination.
- 61.702 Group hospital and medical insurance plan coverage -- Inclusion in Kentucky Employees Health Plan -- Employee and employer contributions -- Minimum service requirements -- Members with service in other retirement systems -- Exemption from premium tax -- Administrative regulation.
- 61.703 Collection of benefit less than $1,000 by surviving relative.
- 61.705 Death benefit -- Designation of beneficiary -- Debt owed at death -- Assignment of benefit.
- 61.710 Persons subject to KRS 61.710 to 61.780.
- 61.720 Definitions.
- 61.730 Date for filing reports.
- 61.740 Information required to be filed.
- 61.750 Reports are public records -- Publication of names of persons failing to file.
- 61.760 Registry may appoint employees, adopt regulations, hold hearings.
- 61.770 Registry may institute action to declare vacancy upon determination violation occurred.
- 61.780 Construction.
- 61.782 Repealed, 1992.
- 61.784 Repealed, 1992.
- 61.786 Repealed, 1992.
- 61.788 Repealed, 1992.
- 61.790 Repealed, 1992.
- 61.800 Legislative statement of policy.
- 61.805 Definitions for KRS 61.805 to 61.850.
- 61.810 Exceptions to open meetings.
- 61.815 Requirements for conducting closed sessions.
- 61.820 Schedule of regular meetings to be made available.
- 61.823 Special meetings -- Emergency meetings.
- 61.825 Repealed, 1992.
- 61.826 Video teleconferencing of meetings.
- 61.830 Repealed, 1992.
- 61.835 Minutes to be recorded -- Open to public.
- 61.840 Conditions for attendance.
- 61.845 Repealed, 1992.
- 61.846 Enforcement by administrative procedure -- Appeal.
- 61.848 Enforcement by judicial action -- De novo determination in appeal of Attorney General's decision -- Voidability of action not substantially complying -- Awards in willful violation actions.
- 61.850 Construction.
- 61.870 Definitions for KRS 61.870 to 61.884.
- 61.871 Policy of KRS 61.870 to 61.884 -- Strict construction of exceptions of KRS 61.878.
- 61.8715 Legislative findings.
- 61.872 Right of Kentucky residents to inspect public records -- Written application -- Limitation.
- 61.874 Abstracts, memoranda, copies -- Agency may prescribe fee -- Use of nonexempt public records for commercial purposes -- Online access.
- 61.8745 Damages recoverable by public agency for person's misuse of public records.
- 61.8746 Commercial use of booking photographs or official inmate photographs prohibited -- Conditions -- Right of action -- Damages.
- 61.876 Agency to adopt rules and regulations -- Standardized form to request public records.
- 61.878 Certain public records exempted from inspection except on order of court -- Restriction of state employees to inspect personnel files prohibited.
- 61.880 Denial of inspection -- Role of Attorney General.
- 61.882 Jurisdiction of Circuit Court in action seeking right of inspection -- Burden of proof -- Costs -- Attorney fees.
- 61.884 Person's access to record relating to him.
- 61.886 Appointment and commissioning of peace officers for the Breaks Interstate Park Commission and the Tennessee Valley Authority.
- 61.8865 State parks' commissioner to ensure recommended commission peace officers meet certain requirements -- Training and equipment expenses.
- 61.887 Powers of TVA and commission peace officers.
- 61.888 Cessation of powers.
- 61.889 Bond -- Oath -- Copies of bonds to be recorded.
- 61.890 Compensation.
- 61.891 Identification.
- 61.892 Disposition of persons arrested by TVA peace officer.
- 61.900 Definitions for KRS 61.902 to 61.930.
- 61.902 Appointment of special law enforcement officers by secretary.
- 61.904 Administration -- Administrative regulations -- Employees.
- 61.906 Requirements for appointment.
- 61.908 Fees.
- 61.910 Revocation or suspension of commission.
- 61.912 Power of arrest.
- 61.914 Other powers.
- 61.916 Use of deadly force to make an arrest.
- 61.918 Use of force less than deadly force.
- 61.920 Area of jurisdiction of special officer.
- 61.922 Construction.
- 61.924 Use of public emergency vehicles.
- 61.926 Special officers designated peace officers -- Authorization to carry a concealed deadly weapon.
- 61.928 Repealed, 1978.
- 61.930 Citation of act.
- 61.931 Definitions for KRS 61.931 to 61.934.
- 61.932 Personal information security and breach investigation procedures and practices for certain public agencies and nonaffiliated third parties.
- 61.933 Notification of personal information security breach -- Investigation -- Notice to affected individuals of result of investigation -- Personal information not subject to requirements -- Injunctive relief by Attorney General.
- 61.934 Personal information security and breach investigation procedures and practices for legislative and judicial branches -- Personal information disposal or destruction procedures.
- 61.935 Repealed, reenacted, and amended as KRS 11.501.
- 61.936 Repealed, reenacted, and amended as KRS 11.511.
- 61.937 Repealed, 2000.
- 61.938 Repealed, 2000.
- 61.940 Repealed, 2000.
- 61.942 Repealed, 2000.
- 61.945 Repealed, 2000.
- 61.948 Repealed, 2000.
- 61.950 Repealed, 2000.
- 61.951 Repealed, 2000.
- 61.953 Repealed, 2000.
- 61.954 Repealed, 2000.
- 61.955 Repealed, 2000.
- 61.957 Repealed, effective June 21, 2001.
- 61.958 Repealed, reenacted, and amended as KRS 11.515.
- 61.959 Repealed, reenacted, and amended as KRS 11.517.
- 61.980 Definitions for KRS 61.980 to 61.988.
- 61.982 Access requirements for state information technology equipment and software.
- 61.984 Procurement of information technology -- Technology access contract clause -- Alternative and nonvisual access standards.
- 61.986 Exclusion of technology access clause -- Conditions -- Exempting from access requirements -- Compliance of existing equipment or software.
- 61.988 Action for injunctive relief for injury due to violation of KRS 61.980 to 61.988.
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