2022 Kentucky Revised Statutes Chapter 16 - State police 16.652 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).
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16.652
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)
(1)
(2)
(3)
For members who begin participating in the State Police Retirement System prior to
January 1, 2014, it is hereby declared that in consideration of the contributions by
the member, and in further consideration of benefits received by the state from the
member's employment, KRS 16.510 to 16.645 shall constitute an inviolable contract
of the Commonwealth, and the benefits provided therein shall not be subject to
reduction or impairment by alteration, amendment or repeal, except:
(a) As provided in KRS 6.696; and
(b) The General Assembly reserves the right to amend, reduce, or suspend any
legislative changes to the provisions of KRS 16.505 to 16.652 that become
effective on or after July 1, 2018.
(a) For members who begin participating in the State Police Retirement System
on or after January 1, 2014, the General Assembly reserves the right to amend,
suspend, or reduce the benefits and rights provided under KRS 16.505 to
16.652 if, in its judgment, the welfare of the Commonwealth so demands,
except that the amount of benefits the member has accrued at the time of
amendment, suspension, or reduction shall not be affected.
(b) For purposes of this subsection, the amount of benefits the member has
accrued at the time of amendment, suspension, or reduction shall be limited to
the accumulated account balance the member has accrued at the time of
amendment, suspension, or reduction.
(c) The provisions of this subsection shall not be construed to limit the General
Assembly's authority to change any other benefit or right specified by KRS
16.505 to 16.652, for members who begin participating in the State Police
Retirement System on or after January 1, 2014, except the benefits specified
by paragraph (b) of this subsection.
The provisions of this section shall not be construed to limit the General Assembly's
authority to amend, reduce, or suspend the benefits and rights of members of the
State Police Retirement System as provided by KRS 16.505 to 16.652 that the
General Assembly had the authority to amend, reduce, or suspend, prior to July 1,
2013.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 107, sec. 32, effective July 14, 2018. -- Amended
2013 Ky. Acts ch. 120, sec. 44, effective July 1, 2013. -- Amended 1996 Ky. Acts ch.
167, sec. 6, effective July 15, 1996. -- Amended 1993 (1st Extra. Sess.) Ky. Acts ch.
4, sec. 75, effective September 16, 1993. -- Amended 1978 Ky. Acts ch. 384, sec.
537, effective June 17, 1978. -- Created 1972 Ky. Acts ch. 116, sec. 19.
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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