2021 Kentucky Revised Statutes Chapter 61 - General provisions as to offices and officers -- social security for public employees -- employees retirement system 61.546 Sick leave for employees who began participating before January 1, 2014. (Declared void -- See LRC Note Below).
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61.546 Sick leave for employees who began participating before January 1, 2014.
(Declared void -- See LRC Note Below)
(1)
(2)
(3)
(4)
(5)
Except as otherwise provided by this section, any member of the Kentucky
Employees Retirement System or the State Police Retirement System whose
retirement date is July 14, 1984, or thereafter, shall receive credit for unused sick
leave accrued while contributing to the retirement system from which the retirement
benefit is to be paid in accordance with this section.
(a) Upon the member's notification of retirement as prescribed in KRS 16.576 or
61.590, the employer shall certify the retiring member's unused, accumulated
sick leave balance to the system.
(b) The member's sick leave balance, expressed in days, shall be divided by the
average number of working days per month in the state service and rounded to
the nearest number of whole months.
(c) Except as provided by subsections (3) and (4) of this section, the member's
sick leave balance, expressed in months, shall upon retirement be added to his
service credit for the purpose of determining his annual retirement allowance
under KRS 16.505 to 16.652 or 61.510 to 61.705 and for the purpose of
determining whether the member is eligible to receive a retirement allowance
under KRS 16.505 to 16.652 or 61.510 to 61.705.
For a member who begins participating in the Kentucky Employees Retirement
System or the State Police Retirement System on or after September 1, 2008:
(a) The member shall receive no more than twelve (12) months of service credit
upon retirement for accumulated unused sick leave accrued while contributing
to the retirement system or systems from which the retirement benefit is to be
paid;
(b) The service credited for accumulated unused sick leave as limited by this
section and added to the member's service credit shall be used for purposes of
determining the member's annual retirement allowance under KRS 16.505 to
16.652 and 61.510 to 61.705; and
(c) The service credited for accumulated unused sick leave and added to the
member's service credit shall not be used to determine whether a member is
eligible to receive a retirement allowance under any of the provisions of KRS
16.505 to 16.652 and 61.510 to 61.705 or to reduce any applicable actuarial
reductions.
For a member who began participating in the Kentucky Employees Retirement
System or the State Police Retirement System prior to September 1, 2008, who
retires on or after July 1, 2023, the service credited for accumulated unused sick
leave and added to the member's service credit shall not be used to determine
whether a member is eligible to receive a retirement allowance under any of the
provisions of KRS 16.505 to 16.652 and 61.510 to 61.705 or to reduce any
applicable actuarial reductions.
Notwithstanding any other provision of this section to the contrary, the value of any
accumulated sick leave that is added to the member's service credit in the Kentucky
(6)
(7)
Employees Retirement System or the State Police Retirement System on or after
July 1, 2010, shall be paid to the retirement system by the last participating
Kentucky Employees Retirement System or State Police Retirement System
employer based upon a formula adopted by the board.
The provisions of this section shall not apply to a participating agency whose
employees are not employed by the Commonwealth until the agency certifies to the
system that a sick leave program has been formally adopted and is universally
administered within the agency, except that any agency participating in the
Kentucky Employees Retirement System who has not adopted a sick leave program
prior to August 1, 2018, shall not be eligible to adopt a sick leave program under
this section.
This section shall not apply to members who begin participating in the systems
administered by Kentucky Retirement Systems on or after January 1, 2014.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 107, sec. 16, effective July 14, 2018. -- Amended
2013 Ky. Acts ch. 120, sec. 49, effective July 1, 2013. -- Amended 2008 (1st Extra.
Sess.) Ky. Acts ch. 1, sec. 11, effective June 27, 2008. -- Amended 1992 Ky. Acts ch.
240, sec. 20. effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 483, sec. 3,
effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 276, sec. 1, effective July 15,
1988; and ch. 349, sec. 14, effective July 15, 1988. -- Amended 1984 Ky. Acts ch.
233, sec. 1, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 220, sec. 1,
effective July 15, 1982; and ch. 423, sec. 6, effective July 15, 1982. -- Created 1980
Ky. Acts ch. 165, sec. 1, effective July 15, 1980.
Legislative Research Commission (6/27/2008). A manifest clerical or typographical
error in 2008 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 11 (this statute), has been
corrected in codification by the Reviser of Statutes under the authority of KRS
7.136(1)(h).
Legislative Research Commission Note (12/13/2018). On December 13, 2018, the
Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch.
107), did not comply with the three-readings rule of Kentucky Constitution Section
46 and that the legislation is, therefore, constitutionally invalid and declared void.
That ruling applies to changes made to this statute in that Act.
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