2021 Kentucky Revised Statutes Chapter 61 - General provisions as to offices and officers -- social security for public employees -- employees retirement system 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.
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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.
(1)
(2)
(3)
(4)
A retired member who is receiving monthly retirement payments under any of
the provisions of KRS 61.510 to 61.705 and 78.510 to 78.852 and who is
reemployed as an employee by a participating agency prior to August 1, 1998,
shall have his or her retirement payments suspended for the duration of
reemployment. Monthly payments shall not be suspended for a retired member
who is reemployed if he or she anticipates that he or she will receive less than
the maximum permissible earnings as provided by the Federal Social Security
Act in compensation as a result of reemployment during the calendar year. The
payments shall be suspended at the beginning of the month in which the
reemployment occurs.
Employer and employee contributions shall be made as provided in KRS
61.510 to 61.705 and 78.510 to 78.852 on the compensation paid during
reemployment, except where monthly payments were not suspended as
provided in subsection (1) of this section or would not increase the retired
member's last monthly retirement allowance by at least one dollar ($1), and the
member shall be credited with additional service credit.
In the month following the termination of reemployment, retirement allowance
payments shall be reinstated under the plan under which the member was
receiving payments prior to reemployment.
(a) Notwithstanding the provisions of this section, the payments suspended
in accordance with subsection (1) of this section shall be paid
retroactively to the retired member, or his or her estate, if he or she does
not receive more than the maximum permissible earnings as provided by
the Federal Social Security Act in compensation from participating
agencies during any calendar year of reemployment.
(b) If the retired member is paid suspended payments retroactively in
accordance with this section, employee contributions deducted during his
or her period of reemployment, if any, shall be refunded to the retired
employee, and no service credit shall be earned for the period of
reemployment.
(c) If the retired member is not eligible to be paid suspended payments for
his or her period of reemployment as an employee, his or her retirement
allowance shall be recomputed under the plan under which the member
was receiving payments prior to reemployment as follows:
1.
The retired member's final compensation shall be recomputed using
creditable compensation for his or her period of reemployment;
however, the final compensation resulting from the recalculation
shall not be less than that of the member when his or her retirement
(5)
(6)
(7)
allowance was last determined;
2.
If the retired member initially retired on or subsequent to his or her
normal retirement date, his or her retirement allowance shall be
recomputed by using the formula in KRS 61.595(1);
3.
If the retired member initially retired prior to his or her normal
retirement date, his or her retirement allowance shall be recomputed
using the formula in KRS 61.595(2), except that the member's age
used in computing benefits shall be his or her age at the time of his
or her initial retirement increased by the number of months of
service credit earned for service performed during reemployment;
4.
The retirement allowance payments resulting from the
recomputation under this subsection shall be payable in the month
following the termination of reemployment in lieu of payments under
subparagraph 3. of this paragraph. The member shall not receive
less in benefits as a result of the recomputation than he or she was
receiving prior to reemployment or would receive as determined
under KRS 61.691; and
5.
Any retired member who was reemployed prior to March 26, 1974,
shall begin making contributions to the system in accordance with
the provisions of this section on the first day of the month following
March 26, 1974.
A retired member, or his or her estate, shall pay to the retirement fund the total
amount of payments which are not suspended in accordance with subsection
(1) of this section if the member received more than the maximum permissible
earnings as provided by the Federal Social Security Act in compensation from
participating agencies during any calendar year of reemployment, except the
retired member or his or her estate may repay the lesser of the total amount of
payments which were not suspended or fifty cents ($0.50) of each dollar
earned over the maximum permissible earnings during reemployment if under
age sixty-five (65), or one dollar ($1) for every three dollars ($3) earned if over
age sixty-five (65).
(a) "Reemployment" or "reinstatement" as used in this section shall not
include a retired member who has been ordered reinstated by the
Personnel Board under authority of KRS 18A.095.
(b) A retired member who has been ordered reinstated by the Personnel
Board under authority of KRS 18A.095 or by court order or by order of the
Human Rights Commission and accepts employment by an agency
participating in the Kentucky Employees Retirement System or County
Employees Retirement System shall void his or her retirement by
reimbursing the system in the full amount of his or her retirement
allowance payments received.
(a) Effective August 1, 1998, the provisions of subsections (1) to (4) of this
section shall no longer apply to a retired member who is reemployed in a
position covered by the same retirement system from which the member
retired. Reemployed retired members shall be treated as new members
upon reemployment. Any retired member whose reemployment date
preceded August 1, 1998, who does not elect, within sixty (60) days of
notification by the retirement systems, to remain under the provisions of
subsections (1) to (4) of this section shall be deemed to have elected to
participate under this subsection.
(b) A retired member whose disability retirement was discontinued pursuant
to KRS 61.615 and who is reemployed in one (1) of the systems
administered by the Kentucky Retirement Systems or County Employees
Retirement System prior to his or her normal retirement date shall have
his or her accounts combined upon termination for determining eligibility
for benefits. If the member is eligible for retirement, the member's service
and creditable compensation earned as a result of his or her
reemployment shall be used in the calculation of benefits, except that the
member's final compensation shall not be less than the final
compensation last used in determining his or her retirement allowance.
The member shall not change beneficiary or payment option
designations. This provision shall apply to members reemployed on or
after August 1, 1998.
(8) If a retired member accepts employment or begins serving as a volunteer with
an employer participating in the systems administered by Kentucky Retirement
Systems or County Employees Retirement System within twelve (12) months of
his or her retirement date, the retired member shall notify the Authority and the
participating employer shall submit the information required or requested by the
Authority to confirm the individual's employment or volunteer status. The retired
member shall not be required to notify the Authority regarding any employment
or volunteer service with a participating agency that is accepted after twelve
(12) months following his or her retirement date.
(9) If the retired member is under a contract to provide services as an independent
contractor or leased employee to an employer participating in the systems
administered by Kentucky Retirement Systems or County Employees
Retirement System within twelve (12) months of his or her retirement date, the
member shall submit a copy of that contract to the Authority, and the Authority
shall determine if the member is an independent contractor or leased employee
for purposes of retirement benefits. The retired member and the participating
employer shall submit the information required or requested by the Authority to
confirm the individual's status as an independent contractor or leased
employee. The retired member shall not be required to notify the Authority
regarding any services entered into as an independent contractor or leased
employee with a participating agency that the employee enters into after twelve
(12) months following his or her retirement date.
(10) If a member is receiving a retirement allowance, or has filed the forms required
for a retirement allowance, and is employed within one (1) month of the
member's initial retirement date in a position that is required to participate in
the same retirement system from which the member retired, the member's
retirement shall be voided and the member shall repay to the retirement system
all benefits received. The member shall contribute to the member account
established for him or her prior to his or her voided retirement. The retirement
allowance for which the member shall be eligible upon retirement shall be
determined by total service and creditable compensation.
(11) (a)
If a member of the Kentucky Employees Retirement System retires from
a department which participates in more than one (1) retirement system
and is reemployed within one (1) month of his or her initial retirement date
by the same department in a position participating in another retirement
system, the retired member's retirement allowance shall be suspended for
the first month of his or her retirement, and the member shall repay to the
retirement system all benefits received for the month.
(b) A retired member of the County Employees Retirement System who after
initial retirement is hired by the county from which the member retired
shall be considered to have been hired by the same employer.
(12) (a) If a hazardous member who retired prior to age fifty-five (55), or a
nonhazardous member who retired prior to age sixty-five (65), is
reemployed within six (6) months of the member's termination by the
same employer, the member shall obtain from his or her previous and
current employers a copy of the job description established by the
employers for the position and a statement of the duties performed by the
member for the position from which he or she retired and for the position
in which he or she has been reemployed.
(b) The job descriptions and statements of duties shall be filed with the
retirement office.
(13) If the retirement system determines that the retired member has been
employed in a position with the same principal duties as the position from
which the member retired:
(a) The member's retirement allowance shall be suspended during the period
that begins on the month in which the member is reemployed and ends
six (6) months after the member's termination;
(b) The retired member shall repay to the retirement system all benefits paid
from systems administered by Kentucky Retirement Systems or County
Employees Retirement System under reciprocity, including medical
insurance benefits, that the member received after reemployment began;
(c) Upon termination, or subsequent to expiration of the six (6) month period
from the date of termination, the retired member's retirement allowance
based on his or her initial retirement account shall no longer be
suspended, and the member shall receive the amount to which he or she
is entitled, including an increase as provided by KRS 61.691;
(d) Except as provided in subsection (7) of this section, if the position in
which a retired member is employed after initial retirement is a regular
full-time position, the retired member shall contribute to a second member
account established for him or her in the retirement system. Service credit
gained after the member's date of reemployment shall be credited to the
second member account; and
(e) Upon termination, the retired member shall be entitled to benefits payable
from his or her second retirement account.
(14) (a) If the retirement system determines that the retired member has not been
reemployed in a position with the same principal duties as the position
from which he or she retired, the retired member shall continue to receive
his or her retirement allowance.
(b) If the position is a regular full-time position, the member shall contribute
to a second member account in the retirement system.
(15) (a) If a retired member is reemployed at least one (1) month after initial
retirement in a different position, or at least six (6) months after initial
retirement in the same position, and prior to normal retirement age, the
retired member shall contribute to a second member account in the
retirement system and continue to receive a retirement allowance from
the first member account.
(b) Service credit gained after reemployment shall be credited to the second
member account. Upon termination, the retired member shall be entitled
to benefits payable from the second member account.
(16) A retired member who is reemployed and contributing to a second member
account shall not be eligible to purchase service credit under any of the
provisions of KRS 16.505 to 16.652, 61.510 to 61.705, or 78.510 to 78.852
which he or she was eligible to purchase prior to his or her initial retirement.
(17) Notwithstanding any provision of subsections (1) to (7)(a) and (10) to (15) of
this section, the following shall apply to retired members who are reemployed
by an agency participating in one (1) of the systems administered by Kentucky
Retirement Systems or County Employees Retirement System on or after
September 1, 2008:
(a) Except as provided by paragraphs (c) and (d) of this subsection, if a
member is receiving a retirement allowance from one (1) of the systems
administered by Kentucky Retirement Systems or County Employees
Retirement System, or has filed the forms required to receive a retirement
allowance from one (1) of the systems administered by Kentucky
Retirement Systems or County Employees Retirement System, and is
employed in a regular full-time position required to participate in one (1) of
the systems administered by Kentucky Retirement Systems or County
Employees Retirement System or is employed in a position that is not
considered regular full-time with an agency participating in one (1) of the
systems administered by Kentucky Retirement Systems or County
Employees Retirement System within three (3) months following the
member's initial retirement date, the member's retirement shall be voided,
and the member shall repay to the retirement system all benefits
received, including any health insurance benefits. If the member is
returning to work in a regular full-time position required to participate in
one (1) of the systems administered by Kentucky Retirement Systems:
1.
The member shall contribute to a member account established for
him or her in one (1) of the systems administered by Kentucky
Retirement Systems or County Employees Retirement System, and
employer contributions shall be paid on behalf of the member by the
participating employer; and
2.
Upon subsequent retirement, the member shall be eligible for a
retirement allowance based upon total service and creditable
compensation, including any additional service or creditable
compensation earned after his or her initial retirement was voided;
(b)
Except as provided by paragraphs (c) and (d) of this subsection, if a
member is receiving a retirement allowance from one (1) of the systems
administered by Kentucky Retirement Systems or County Employees
Retirement System and is employed in a regular full-time position
required to participate in one (1) of the systems administered by Kentucky
Retirement Systems or County Employees Retirement System after a
three (3) month period following the member's initial retirement date, the
member may continue to receive his or her retirement allowance during
the period of reemployment subject to the following provisions:
1.
If a member is reemployed by a participating agency within twelve
(12) months of the member's retirement date, the participating
agency shall certify in writing on a form prescribed by the Authority
that no prearranged agreement existed between the employee and
agency prior to the employee's retirement for the employee to return
to work with the participating agency. If an elected official is
reelected to a new term of office in the same position and has retired
from the elected office within twelve (12) months prior to taking the
new term of office, he or she shall be deemed by the system as
having a prearranged agreement under the provisions of this
subparagraph and shall have his or her retirement voided. If the
participating agency fails to complete the certification, the member's
retirement shall be voided and the provisions of paragraph (a) of this
subsection shall apply to the member and the employer.
Employment that is accepted by the retired member after twelve (12)
months following the member's retirement date shall not constitute a
prearranged agreement under this paragraph;
2.
Notwithstanding any other provision of KRS Chapter 16, 61, or 78 to
the contrary, the member shall not contribute to the systems and
shall not earn any additional benefits for any work performed during
the period of reemployment;
3.
Except as provided by KRS 70.291 to 70.293, 95.022, and 164.952
and except for any retiree employed as a school resource officer as
defined by KRS 158.441, the employer shall pay employer
contributions as specified by KRS 61.565, 61.702, and 78.635, as
applicable, on all creditable compensation earned by the employee
during the period of reemployment. The additional contributions paid
shall be used to reduce the unfunded actuarial liability of the
systems; and
4.
Except as provided by KRS 70.291 to 70.293, 95.022, and 164.952
and except for any retiree employed as a school resource officer as
defined by KRS 158.441, the employer shall be required to
reimburse the systems for the cost of the health insurance premium
paid by the systems to provide coverage for the retiree, not to
exceed the cost of the single premium. Effective July 1, 2015, local
school boards shall not be required to pay the reimbursement
required by this subparagraph for retirees employed by the board for
eighty (80) days or less during the fiscal year;
(c)
(d)
If a member is receiving a retirement allowance from the State Police
Retirement System or from hazardous duty retirement coverage with the
Kentucky Employees Retirement System or the County Employees
Retirement System, or has filed the forms required to receive a retirement
allowance from the State Police Retirement System or from hazardous
duty retirement coverage with the Kentucky Employees Retirement
System or the County Employees Retirement System, and is employed in
a regular full-time position required to participate in the State Police
Retirement System or in a hazardous duty position with the Kentucky
Employees Retirement System or the County Employees Retirement
System within one (1) month following the member's initial retirement
date, the member's retirement shall be voided, and the member shall
repay to the retirement system all benefits received, including any health
insurance benefits. If the member is returning to work in a regular full-time
position required to participate in one (1) of the systems administered by
Kentucky Retirement Systems or County Employees Retirement System:
1.
The member shall contribute to a member account established for
him or her in one (1) of the systems administered by Kentucky
Retirement Systems or County Employees Retirement System, and
employer contributions shall be paid on behalf of the member by the
participating employer; and
2.
Upon subsequent retirement, the member shall be eligible for a
retirement allowance based upon total service and creditable
compensation, including any additional service or creditable
compensation earned after his or her initial retirement was voided;
If a member is receiving a retirement allowance from the State Police
Retirement System or from hazardous duty retirement coverage with the
Kentucky Employees Retirement System or the County Employees
Retirement System and is employed in a regular full-time position
required to participate in the State Police Retirement System or in a
hazardous duty position with the Kentucky Employees Retirement System
or the County Employees Retirement System after a one (1) month period
following the member's initial retirement date, the member may continue
to receive his or her retirement allowance during the period of
reemployment subject to the following provisions:
1.
If a member is reemployed by a participating agency within twelve
(12) months of the member's retirement date, the participating
agency shall certify in writing on a form prescribed by the Authority
that no prearranged agreement existed between the employee and
agency prior to the employee's retirement for the employee to return
to work with the participating agency. If an elected official is
reelected to a new term of office in the same position and has retired
from the elected office within twelve (12) months prior to taking the
new term of office, he or she shall be deemed by the Authority as
having a prearranged agreement under the provisions of this
subparagraph and shall have his or her retirement voided. If the
participating agency fails to complete the certification, the member's
retirement shall be voided and the provisions of paragraph (c) of this
(e)
subsection shall apply to the member and the employer.
Employment that is accepted by the retired member after twelve (12)
months following the member's retirement date shall not constitute a
prearranged agreement under this paragraph;
2.
Notwithstanding any other provision of KRS Chapter 16, 61, or 78 to
the contrary, the member shall not contribute to the systems and
shall not earn any additional benefits for any work performed during
the period of reemployment;
3.
Except as provided by KRS 70.291 to 70.293, 95.022, and 164.952
and except for any retiree employed as a school resource officer as
defined by KRS 158.441, the employer shall pay employer
contributions as specified by KRS 61.565, 61.702, and 78.635, as
applicable, on all creditable compensation earned by the employee
during the period of reemployment. The additional contributions paid
shall be used to reduce the unfunded actuarial liability of the
systems;
4.
Except as provided by KRS 70.291 to 70.293, 95.022, and 164.952
and except for any retiree employed as a school resource officer as
defined by KRS 158.441, the employer shall be required to
reimburse the systems for the cost of the health insurance premium
paid by the systems to provide coverage for the retiree, not to
exceed the cost of the single premium;
Notwithstanding paragraphs (a) to (d) of this subsection, a retired
member who qualifies as a volunteer for an employer participating in one
(1) of the systems administered by Kentucky Retirement Systems or
County Employees Retirement System and who is receiving
reimbursement of actual expenses, a nominal fee for his or her volunteer
services, or both, shall not be considered an employee of the participating
employer and shall not be subject to paragraphs (a) to (d) of this
subsection if:
1.
Prior to the retired member's most recent retirement date, he or she
did not receive creditable compensation from the participating
employer in which the retired member is performing volunteer
services;
2.
Any reimbursement or nominal fee received prior to the retired
member's most recent retirement date has not been credited as
creditable compensation to the member's account or utilized in the
calculation of the retired member's benefits;
3.
The retired member has not purchased or received service credit
under any of the provisions of KRS 61.510 to 61.705 or 78.510 to
78.852 for service with the participating employer for which the
retired member is performing volunteer services; and
4.
Other than the status of volunteer, the retired member does not
become an employee, leased employee, or independent contractor
of the employer for which he or she is performing volunteer services
for a period of at least twelve (12) months following the retired
member's most recent retirement date.
(f)
(g)
If a retired member, who provided volunteer services with a participating
employer under this paragraph violates any provision of this paragraph,
then he or she shall be deemed an employee of the participating
employer as of the date he or she began providing volunteer services and
both the retired member and the participating employer shall be subject to
paragraphs (a) to (d) of this subsection for the period of volunteer service;
Notwithstanding any provision of this section, any mayor or member of a
city legislative body shall not be required to resign from his or her position
as mayor or as a member of the city legislative body in order to begin
drawing benefits from the systems administered by Kentucky Retirement
Systems or subject to any provision of this section as it relates solely to
his or her service as a mayor or member of the city legislative body if the
mayor or member of a city legislative body:
1.
Has not participated in the County Employees Retirement System
prior to retirement, but is otherwise eligible to retire from the
Kentucky Employees Retirement System or the State Police
Retirement System; or
2.
Has been or is participating in the County Employees Retirement
System and is at least sixty-two (62) years of age. If a mayor or
member of a city legislative body who is at least sixty-two (62) years
of age retires from the systems administered by Kentucky
Retirement Systems but remains in office after his or her effective
retirement date, the mayor or member of the city legislative body
shall not accrue any further service credit or benefits in the systems
administered by Kentucky Retirement Systems for any employment
occurring on or after the effective retirement date;
If a member is receiving a retirement allowance from any of the
retirement systems administered by the Kentucky Retirement Systems or
County Employees Retirement System and enters into a contract or
becomes a leased employee of an employer under contract with an
employer participating in one (1) of the systems administered by the
Kentucky Retirement Systems or County Employees Retirement System:
1.
At any time following retirement, if the Authority determines the
employment arrangement does qualify as an independent contractor
or leased employee, the member may continue to receive his or her
retirement allowance during the period of the contract;
2.
Within three (3) months following the member's initial retirement
date, if the Authority determines the employment arrangement does
not qualify as an independent contractor or leased employee, the
member's retirement shall be voided in accordance with paragraph
(a) of this subsection;
3.
After three (3) months but within twelve (12) months following the
member's initial retirement, if the Authority determines the
employment arrangement does not qualify as an independent
contractor or leased employee and that a prearranged agreement
existed between the member and the agency for the member to
return to work with the agency, the member's retirement shall be
voided in accordance with paragraph (a) of this subsection; and
4.
After a twelve (12) month period following the member's initial
retirement, the member may continue to receive his or her
retirement allowance during the period of the contract and the
member shall not be required to notify the system or submit any
documentation for purposes of this section to the system.
The initiation of a contract or the initial date of the leased employment of
a retired member by a participating agency that occurs after twelve (12)
months or more following the retired member's retirement date shall not
constitute a prearranged agreement under this subsection; and
(h) The Authority shall issue a final determination regarding a certification of
the absence of a prearranged agreement or the retired member's
qualification as an independent contractor or leased employee as
required under this section no later than thirty (30) days after the retired
member and participating employer provide all required forms and
additional information required by the Authority.
(18) The Authority shall promulgate administrative regulations to implement the
requirements of this section, including incorporating by reference
board-prescribed forms that a retired member and participating agency shall
provide the systems under subsections (8), (9), and (17) of this section.
Effective:April 1, 2021
History: Amended 2021 Ky. Acts ch. 102, sec. 65, effective April 1, 2021. -Amended 2020 Ky. Acts ch. 79, sec. 25, effective April 1, 2021; and ch. 121,
sec. 10, effective July 15, 2020. -- Amended 2019 Ky. Acts ch. 127, sec. 2,
effective June 27, 2019; ch. 161, sec. 2, effective June 27, 2019; and ch. 189,
sec. 1, effective June 27, 2019. -- Amended 2018 Ky. Acts ch. 107, sec. 28,
effective July 14, 2018; ch. 171, sec. 20, effective April 14, 2018; and ch. 207,
sec. 20, effective April 27, 2018. -- Amended 2016 Ky. Acts ch. 25, sec. 3,
effective July 15, 2016; ch. 68, sec. 1, effective July 15, 2016; and ch. 78, sec.
2, effective July 15, 2016. -- Amended 2015 Ky. Acts ch. 25, sec. 1, effective
June 24, 2015; and ch. 103, sec. 1, effective June 24, 2015. -- Amended 2014
Ky. Acts ch. 96, sec. 4, effective July 15, 2014. -- Amended 2011 Ky. Acts ch.
52, sec. 3, effective June 8, 2011. -- Amended 2008 (1st Extra. Sess.) Ky. Acts
ch. 1, sec. 20, effective June 27, 2008. -- Amended 2002 Ky. Acts ch. 52, sec.
10, effective July 15, 2002. -- Amended 2001 Ky. Acts ch. 41, sec. 1, effective
June 21, 2001. -- Amended 2000 Ky. Acts ch. 210, sec 5, effective July 14,
2000; and ch. 385, sec. 22, effective July 14, 2000. -- Amended 1998 Ky. Acts
ch. 75, sec. 1, effective July 15, 1998; and ch. 105, sec. 28, effective July 15,
1998. -- Amended 1996 Ky. Acts ch. 167, sec. 15, effective July 15, 1996. -Amended 1994 Ky. Acts ch. 485, sec. 19, effective July 15, 1994. -- Amended
1992 Ky. Acts ch. 240, sec. 38, effective July 14, 1992. -- Amended 1986 Ky.
Acts ch. 90, sec. 18, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 448,
sec. 64, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 186, sec. 12,
effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 311, sec. 17, effective
June 17, 1978; and ch. 384, sec. 17, effective June 17, 1978. -- Amended 1976
Ky. Acts ch. 321, sec. 27. -- Amended 1974 Ky. Acts ch. 128, sec. 24. -Amended 1972 Ky. Acts ch. 116, sec. 46. -- Amended 1970 Ky. Acts ch. 101,
sec. 8. -- Created 1966 Ky. Acts ch. 35, sec. 17.
Legislative Research Commission Note (6/27/2019). This statute was amended
by 2019 Ky. Acts chs. 127, 161, and 189. Where these Acts are not in conflict,
they have been codified together. Where a conflict exists, Acts ch. 127, which
was last enacted by the General Assembly, prevails under KRS 446.250.
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.
Legislative Research Commission Note (6/27/2008). A manifest clerical or
typographical error in 2008 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 20 (this
statute), has been corrected in codification by the Reviser of Statutes under the
authority of KRS 7.136(1)(h).
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