2025 Kentucky Revised Statutes Chapter 21 - Judicial retirement 21.385 Payment of benefits while continuing in service -- Options for member who began participating before January 1, 2014 -- Multiple retirements by one person.
Universal Citation:
KY Rev Stat § 21.385 (2025)
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21.385 Payment of benefits while continuing in service -- Options for member who
began participating before January 1, 2014 -- Multiple retirements by one
person.
(1)
(2)
In a situation in which, by reason of federal tax law, the failure to commence the
payment of retirement benefits to a vested member of the Kentucky Judicial
Retirement Plan, by a specified date after the member reaches a specified age, as
designated by the federal tax law, will result in the imposition of a special excise
tax, the member, without retiring, shall be entitled, as of the specified date, to
commence drawing from the plan the monthly benefit he or she would have been
entitled to had he or she retired on that date. Notwithstanding the provisions of KRS
21.360 and 61.680, a member who began participating in the Judicial Retirement
Plan prior to January 1, 2014, may, at his or her option, continue to be a
participating member of the plan thereafter until he or she retires, or, may elect to
cease to be a participating member of the plan, in which latter event he or she shall
not be required to become a participating member of the Kentucky Employees
Retirement System.
A member drawing benefits from the Kentucky Judicial Retirement Plan pursuant
to subsection (1) of this section who elects to continue as a participating member of
the plan, or a person drawing benefits from the plan by reason of having retired,
who by reason of reemployment again becomes a participating member of the plan,
shall continue to draw the benefits until he or she retires, and accrue additional
benefits, but in the calculation of the additional benefits only the years of service
after he or she commenced drawing the initial benefits shall be counted, and the
monthly additional benefit shall not exceed such amount as, when added to the
initial monthly benefit, will equal the final compensation on which the additional
benefit was calculated. The member's surviving spouse, if married to the member at
the time of his or her ultimate retirement, shall be considered to be the surviving
spouse with respect to both the additional and the initial benefits.
Effective: July 14, 2022
History: Repealed, reenacted, and amended 2022 Ky. Acts ch. 55, sec. 8, effective July
14, 2022. -- Amended 2018 Ky. Acts ch. 107, sec. 8, effective July 14, 2018. -Amended 2013 Ky. Acts ch. 120, sec. 23, effective July 1, 2013. -- Created 1988 Ky.
Acts ch. 299, sec. 1, effective July 15, 1988.
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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