2025 Kentucky Revised Statutes Chapter 21 - Judicial retirement 21.374 Election by member participating in the Legislators' Retirement Plan or the Judicial Retirement Plan on or after September 1, 2008, but before January 1, 2014 -- Participation in hybrid cash balance plan -- Private letter ruling -- Administrative regulations.
Universal Citation:
KY Rev Stat § 21.374 (2025)
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21.374 Election by member participating in the Legislators' Retirement Plan
or the Judicial Retirement Plan on or after September 1, 2008, but before
January 1, 2014 -- Participation in hybrid cash balance plan -- Private
letter ruling -- Administrative regulations.
Notwithstanding KRS 6.500 to 6.577 and 21.345 to 21.580:
(1) Subject to the provisions of this section, any member who began participating
in the Legislators' Retirement Plan or the Judicial Retirement Plan on or after
September 1, 2008, but prior to January 1, 2014, may in lieu of the benefits he
or she is currently eligible to receive under the plans, elect to receive the
benefits and rights provided to members who began participating in the
Legislators' Retirement Plan or the Judicial Retirement Plan on or after January
1, 2014, including participating in the hybrid cash balance plan created
pursuant to KRS 21.402;
(2) The election provided by this section shall be made in writing and on a form
prescribed by the Judicial Form Retirement System board;
(3) For each member who makes an election provided by this section:
(a) Any service credit the member has accrued prior to January 1, 2014,
shall be considered as service credit earned on or after January 1, 2014,
for purposes of determining benefits under KRS 6.500 to 6.577 and
21.345 to 21.580;
(b) On the member's effective election date, the value of the member's
accumulated contributions, less any interest, shall be deposited into the
member's hybrid cash balance account as provided by KRS 21.402 and
considered part of the member's accumulated account balance;
(c) On the member's effective election date, an employer pay credit as
provided by KRS 21.402 shall be added to the member's accumulated
account balance for each month the member contributed to the
Legislators' Retirement Plan or the Judicial Retirement Plan prior to his or
her effective election date; and
(d) Interest credits as provided by KRS 21.402 shall only be applied for
periods occurring on or after the member's effective election date;
(4) Before accepting an election provided by this section, the Judicial Form
Retirement System board shall provide the member with information detailing
the potential results of the member's election;
(5) An election made pursuant to this section shall be irrevocable; and
(6) (a) A member of the Legislators' Retirement Plan or the Judicial Retirement
Plan shall not be eligible to make an election prescribed by this section
until the Judicial Form Retirement System receives a favorable private
letter ruling from the Internal Revenue Service regarding this section.
(b) If the Internal Revenue Service denies the request for a private letter
ruling as provided by paragraph (a) of this subsection, this section shall
be void.
(c) The Judicial Form Retirement System may promulgate administrative
regulations under KRS Chapter 13A in order to carry out this section.
Effective:April 1, 2021
History: Repealed and reenacted 2021 Ky. Acts ch. 102, sec. 42, effective April 1,
2021. -- Amended 2018 Ky. Acts ch. 107, sec. 7, effective July 14, 2018. -Created 2017 Ky. Acts ch. 125, sec. 4, effective March 27, 2017.
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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