govt.fyi
Back to HB 213
Kentucky General Assembly· HB 213signed by Governor (Acts Ch. 73)

An act relating to reemployment of retired police officers., the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Kentucky General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
UNOFFICIAL COPY                                                  26 RS HB 213/EN

1   AN ACT relating to reemployment of retired police officers.

2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:

3   Section 1. KRS 70.292 is amended to read as follows:

4 (1) A county police department or county sheriff's office in the Commonwealth of

5   Kentucky may employ police officers who have retired under the State Police

6   Retirement System, Kentucky Employees Retirement System, or the County

7   Employees Retirement System as provided by KRS 70.291 to 70.293.

8 (2) An individual employed under KRS 70.291 to 70.293 shall have:

9   (a) 1. Participated in the Law Enforcement Foundation Program fund under

10  KRS 15.410 to 15.515; or

11  2. Retired as a commissioned officer pursuant to KRS Chapter 16;

12  (b) Retired with at least twenty (20) years of service credit;

13  (c) Been separated from service for the period required by KRS 61.637 and

14  78.5540 so that the member's retirement is not voided;

15  (d) Retired with no administrative charges pending; and

16  (e) Retired with no pre-existing agreement between the individual and the county

17  police department or the sheriff's office prior to the individual's retirement for

18  the individual to return to work for the county police department or the

19  sheriff's office.

20  Section 2. KRS 70.293 is amended to read as follows:

21 (1) Individuals employed under KRS 70.291 to 70.293 shall:

22  (a) Serve for a term not to exceed one (1) year. The one (1) year employment

23  term may be renewed annually at the discretion of the employing county

24  police department or sheriff's office;

25  (b) Receive compensation according to the standard procedures applicable to the

26  employing county police department or sheriff's office; and

27  (c) Be employed based upon need as determined by the county police department

                                                  Page 1 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                          Engrossed
    UNOFFICIAL COPY                                                    26 RS HB 213/EN

1   or the employing sheriff's office.

2 (2) Notwithstanding any provisions of KRS 16.505 to 16.652, 18A.225 to 18A.2287,

3   61.510 to 61.705, or 78.510 to 78.852 to the contrary:

4   (a) Individuals employed under KRS 70.291 to 70.293 shall continue to receive

5   all retirement and health insurance benefits to which they were entitled upon

6   retiring in the applicable system administered by Kentucky Retirement

7   Systems or the County Employees Retirement System;

8   (b) Except as provided in paragraph (e) of this subsection, individuals employed

9   under KRS 70.291 to 70.293 shall not be eligible to receive health insurance

10  coverage through the county police department, the sheriff's office, or the

11  fiscal court of the county police department or sheriff's office;

12  (c) The county police department, sheriff's office, or fiscal court of the county

13  police department or sheriff's office shall not pay any employer contributions

14  or retiree health expense reimbursements to the Kentucky Retirement Systems

15  required by KRS 61.637(17) or 78.5540(4) for individuals employed under

16  KRS 70.291 to 70.293; [and]

17  (d) Except as provided in paragraph (e) of this subsection, the county police

18  department, sheriff's office, or fiscal court of the county police department or

19  sheriff's office shall not pay any insurance contributions to the state health

20  insurance plan, as provided by KRS 18A.225 to 18A.2287, for individuals

21  employed under KRS 70.291 to 70.293; and

22  (e) Effective August 1, 2026, the chief legislative body of the county, urban-

23  county, or consolidated local government who is responsible for approving

24  the budget of the sheriff's office or sheriff's department may by legislative

25  action provide or authorize provision of health insurance coverage for

26  individuals employed under KRS 70.291 to 70.293, subject to the terms and

27  conditions established by the chief governing body of the county, urban-

                                                  Page 2 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                       Engrossed
    UNOFFICIAL COPY                                                 26 RS HB 213/EN

1   county, or consolidated local government.

2 (3) Individuals employed under KRS 70.291 to 70.293 shall be subject to any merit

3   system, civil service, or other legislative due process provisions applicable to the

4   county police department or sheriff's office. A decision not to renew a one (1) year

5   appointment term under this section shall not be considered a disciplinary action or

6   deprivation subject to due process.

7   Section 3. KRS 95.022 is amended to read as follows:

8 (1) As used in this section:

9   (a) "City" means any incorporated city, consolidated local government, unified

10  local government, urban-county government, or charter county government,

11  operating under the law of this Commonwealth, and the offices and agencies

12  thereof; and

13  (b) "Police officer" has the same meaning as "police officer" in KRS 15.420 and

14  as "officer" in KRS 16.010.

15 (2) Subject to the limitations of subsection (7) of this section, a city may employ

16  individuals as police officers under this section who have retired from the Kentucky

17  Employees Retirement System, the County Employees Retirement System, or the

18  State Police Retirement System.

19 (3) To be eligible for employment under this section, an individual shall have:

20  (a) Participated in the Law Enforcement Foundation Program fund under KRS

21  15.410 to 15.510 or retired as a commissioned officer pursuant to KRS

22  Chapter 16;

23  (b) Retired with at least twenty (20) years of service credit;

24  (c) Been separated from service for the period required by KRS 61.637 and

25  78.5540 so that the member's retirement is not voided;

26  (d) Retired with no administrative charges pending; and

27  (e) Retired with no preexisting agreement between the individual and the city

                                                  Page 3 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                                    Engrossed
    UNOFFICIAL COPY                                             26 RS HB 213/EN

1   prior to the individual's retirement for the individual to return to work for the

2   city.

3 (4) Individuals employed under this section shall:

4   (a) Serve for a term not to exceed one (1) year. The one (1) year employment

5   term may be renewed annually at the discretion of the employing city;

6   (b) Receive compensation according to the standard procedures applicable to the

7   employing city; and

8   (c) Be employed based upon need as determined by the employing city.

9 (5) Notwithstanding any provisions of KRS 16.505 to 16.652, 18A.225 to 18A.2287,

10  61.510 to 61.705, or 78.510 to 78.852 to the contrary:

11  (a) Individuals employed under this section shall continue to receive all

12  retirement and health insurance benefits to which they were entitled upon

13  retiring in the applicable system administered by Kentucky Retirement

14  Systems or the County Employees Retirement System;

15  (b) Except as provided in paragraph (e) of this subsection, individuals employed

16  under this section shall not be eligible to receive health insurance coverage

17  through the employing city;

18  (c) The city shall not pay any employer contributions or retiree health expense

19  reimbursements to the Kentucky Retirement Systems required by KRS

20  61.637(17) or 78.5540(4) for individuals employed under this section;[ and]

21  (d) Except as provided in paragraph (e) of this subsection, the city shall not pay

22  any insurance contributions to the state health insurance plan, as provided by

23  KRS 18A.225 to 18A.2287, for individuals employed under this section; and

24  (e) Effective August 1, 2026, the legislative body of the city may by legislative

25  action provide or authorize provision of health insurance coverage for

26  individuals employed under this section, subject to the terms and conditions

27  established by the city.

                                                  Page 4 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                           Engrossed
    UNOFFICIAL COPY                                             26 RS HB 213/EN

1 (6) Individuals employed under this section shall be subject to any merit system, civil

2   service, or other legislative due process provisions applicable to the employing city.

3   A decision not to renew a one (1) year appointment term under this section shall not

4   be considered a disciplinary action or deprivation subject to due process.

5 (7) A city government shall be limited in the number of retired police officers that it

6   may hire under this section as follows:

7   (a) A city government that employed an average of five (5) or fewer police

8   officers over the course of the immediately preceding calendar year shall not

9   be limited in the number of officers that they may hire under this section;

10  (b) A city government that employed an average of more than five (5) but fewer

11  than one hundred (100) police officers over the course of the immediately

12  preceding calendar year shall not hire more than five (5) police officers or a

13  number equal to twenty-five percent (25%) of the police officers employed by

14  the city in the immediately preceding calendar year, whichever is greater; and

15  (c) A city government that employed an average of one hundred (100) or more

16  police officers over the course of the immediately preceding calendar year

17  [2015 ]shall not hire more than twenty-five (25) police officers or a number

18  equal to ten percent (10%) of the police officers employed by the city in the

19  immediately preceding calendar year, whichever is greater.

20 (8) Retired police officers employed by a city government for purposes of KRS

21  158.4414 shall not apply against the limitations provided by subsection (7) of this

22  section.

23  Section 4. KRS 164.952 is amended to read as follows:

24 (1) As used in this section:

25  (a) "Police officer" has the same meaning as "police officer" in KRS 15.420, as

26  "police officer" in KRS 164.950 to 164.980, and as "officer" in KRS 16.010;

27  and

                                                  Page 5 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                                Engrossed
    UNOFFICIAL COPY                                                 26 RS HB 213/EN

1   (b) "Postsecondary institution" means any public institution of postsecondary

2   education authorized to establish a police department pursuant to KRS

3   164.950 to 164.980 that participates in the Kentucky Employees Retirement

4   System.

5 (2) A postsecondary institution may employ individuals as police officers under this

6   section who have retired from the Kentucky Employees Retirement System, the

7   County Employees Retirement System, or the State Police Retirement System.

8 (3) To be eligible for employment under this section, an individual shall have:

9   (a) Participated in the Law Enforcement Foundation Program fund under KRS

10  15.410 to 15.510, retired as a commissioned officer pursuant to KRS Chapter

11  16, or retired as a police officer from a postsecondary institution;

12  (b) Retired with at least twenty (20) years of service credit;

13  (c) Been separated from service for the period required by KRS 61.637 and[or]

14  78.5540 so that the member's retirement is not voided;

15  (d) Retired with no administrative charges pending; and

16  (e) Retired with no preexisting agreement between the individual and the

17  postsecondary institution prior to the individual's retirement for the individual

18  to return to work for the postsecondary institution.

19 (4) Individuals employed under this section shall:

20  (a) Serve for a term not to exceed one (1) year. The one (1) year employment

21  term may be renewed annually at the discretion of the employing

22  postsecondary institution;

23  (b) Receive compensation according to the standard procedures applicable to the

24  employing postsecondary institution; and

25  (c) Be employed based upon need as determined by the employing postsecondary

26  institution.

27 (5) Notwithstanding any provisions of KRS 16.505 to 16.652, 18A.225 to 18A.2287,

                                                  Page 6 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                                   Engrossed
    UNOFFICIAL COPY                                             26 RS HB 213/EN

1   61.510 to 61.705, or 78.510 to 78.852 to the contrary:

2   (a) Individuals employed under this section shall continue to receive all

3   retirement and health insurance benefits to which they were entitled upon

4   retiring in the applicable system administered by Kentucky Retirement

5   Systems;

6   (b) Except as provided in paragraph (e) of this subsection, individuals employed

7   under this section shall not be eligible to receive health insurance coverage

8   through the employing postsecondary institution;

9   (c) The postsecondary institution shall not pay any employer contributions or

10  retiree health expense reimbursements to the Kentucky Retirement Systems

11  required by KRS 61.637(17) or 78.5540(4) for individuals employed under

12  this section;[ and]

13  (d) Except as provided in paragraph (e) of this subsection, the postsecondary

14  institution shall not pay any insurance contributions to the state health

15  insurance plan, as provided by KRS 18A.225 to 18A.2287, for individuals

16  employed under this section; and

17  (e) Effective August 1, 2026, the governing body of the postsecondary

18  institution may by action of the governing body provide or authorize

19  provision of health insurance coverage for individuals employed under this

20  section, subject to the terms and conditions established by the postsecondary

21  institution.

22 (6) Individuals employed under this section shall be subject to any legislative due

23  process provisions applicable to police officers of the employing postsecondary

24  institution. A decision not to renew a one (1) year appointment term under this

25  section shall not be considered a disciplinary action or deprivation subject to due

26  process.

27  Section 5. KRS 61.702 is amended to read as follows:

                                                  Page 7 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                Engrossed
    UNOFFICIAL COPY                                             26 RS HB 213/EN

1 (1) For purposes of this section:

2   (a) "Hospital and medical insurance plan" may include, at the board's discretion,

3   any one (1) or more of the following:

4   1. Any hospital and medical expense policy or certificate, provider-

5   sponsored integrated health delivery network, self-insured medical plan,

6   health maintenance organization contract, or other health benefit plan;

7   2. Any health savings account as permitted by 26 U.S.C. sec. 223 or health

8   reimbursement arrangement or a similar account as may be permitted by

9   26 U.S.C. sec. 105 or 106. Such arrangement or account, at the board's

10  discretion, may reimburse any medical expense permissible under 26

11  U.S.C. sec. 213; or

12  3. A medical insurance reimbursement program established by the board

13  through the promulgation of administrative regulation under which

14  members purchase individual health insurance coverage through a health

15  insurance exchange established under 42 U.S.C. sec. 18031 or 18041;

16  (b) "Monthly contribution rate" is the amount determined by the board based

17  upon the requirements of subsection (4)(a) to (d) of this section, except that

18  for members who began participating in the system on or after July 1, 2003,

19  the term shall mean the amount determined in subsection (4)(e) of this

20  section; and

21  (c) "Months of service" means the total months of combined service used to

22  determine benefits under the system, except service added to determine

23  disability benefits or service otherwise prohibited from being used to

24  determine retiree health benefits under KRS 16.505 to 16.652 or 61.510 to

25  61.705 shall not be counted as "months of service." For current and former

26  employees of the Council on Postsecondary Education who were employed

27  prior to January 1, 1993, and who earn at least fifteen (15) years of service

                                                  Page 8 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                Engrossed
    UNOFFICIAL COPY                                             26 RS HB 213/EN

1   credit in the Kentucky Employees Retirement System, "months of service"

2   shall also include vested service in another retirement system other than the

3   Kentucky Teachers' Retirement System sponsored by the Council on

4   Postsecondary Education.

5 (2) (a) 1. The board of trustees of the system shall arrange by appropriate contract

6   or on a self-insured basis to provide a group hospital and medical

7   insurance plan coverage for:

8   a. Present and future recipients of a retirement allowance from the

9                    Kentucky Employees Retirement System and the State Police

10                   Retirement System; and

11  b. The spouse and each qualified dependent of a recipient who is a

12                   former member or the beneficiary, provided the spouse and

13                   dependent meet the requirements to participate in the hospital and

14                   medical insurance plans established, contracted, or authorized by

15                   the system.

16  2. Any recipient who chooses coverage under a hospital and medical

17  insurance plan shall pay, by payroll deduction from the retirement

18  allowance, electronic funds transfer, or by another method, the

19  difference between the premium cost of the hospital and medical

20  insurance plan coverage selected and the monthly contribution rate to

21  which he or she would be entitled under this section.

22  (b) 1. For present and future recipients of a retirement allowance from the

23  system who are not eligible for Medicare and for those recipients

24  described in subparagraph 3.b. of this paragraph, the board may

25  authorize these participants to be included in the Kentucky Employees

26  Health Plan as provided by KRS 18A.225 to 18A.2287 and shall provide

27  benefits for recipients in the plan equal to those provided to state

                                                  Page 9 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                Engrossed
    UNOFFICIAL COPY                                              26 RS HB 213/EN

1   employees having the same Medicare hospital and medical insurance

2   eligibility status. Notwithstanding the provisions of any other statute

3   except subparagraph 3.b. of this paragraph, system recipients shall be

4   included in the same class as current state employees for purposes of

5   determining medical insurance policies and premiums in the Kentucky

6   Employees Health Plan as provided by KRS 18A.225 to 18A.2287.

7   2. Regardless of age, if a recipient or the spouse or dependent child of a

8   recipient who elects coverage becomes eligible for Medicare, he or she

9   shall participate in the plans offered by the systems for Medicare

10  eligible recipients. Individuals participating in the Medicare eligible

11  plans may be required to obtain and pay for Medicare Part A and Part B

12  coverage, in order to participate in the Medicare eligible plans offered

13  by the system.

14  3. The system shall continue to provide the same hospital and medical

15  insurance plan coverage for recipients and qualifying dependents after

16  the age of sixty-five (65) as before the age of sixty-five (65), if:

17  a. The recipient is not eligible for Medicare coverage; or

18  b. The recipient would otherwise be eligible for Medicare coverage

19                   but is subject to the Medicare Secondary Payer Act under 42

20                   U.S.C. sec. 1395y(b) and has been reemployed by a participating

21                   agency which offers the recipient a hospital and medical insurance

22                   benefit or by a participating agency which is prevented from

23                   offering or which does not offer a hospital and medical benefit to

24                   the recipient as a condition of reemployment under KRS 70.293,

25                   95.022, or 164.952. Individuals who are eligible, pursuant to this

26                   subdivision, to be included in the Kentucky Employees Health

27                   Plan as provided by KRS 18A.225 to 18A.2287 may be rated as a

                                                  Page 10 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                          Engrossed
    UNOFFICIAL COPY                                              26 RS HB 213/EN

1                    separate class from other eligible employees and retirees for the

2                    purpose of determining medical insurance premiums.

3   (c) For recipients of a retirement allowance who are not eligible for the same

4   level of hospital and medical benefits as recipients living in Kentucky having

5   the same Medicare hospital and medical insurance eligibility status, the board

6   shall provide a medical insurance reimbursement plan as described in

7   subsection (6) of this section.

8   (d) Notwithstanding anything in KRS Chapter 16 or 61 to the contrary, the board

9   of trustees, in its discretion, may take necessary steps to ensure compliance

10  with 42 U.S.C. sec.[secs.] 300bb-1 et seq.

11 (3) (a) Each employer participating in the Kentucky Employees Retirement System

12  or the State Police Retirement System as provided in KRS 16.505 to 16.652 or

13  61.510 to 61.705 shall contribute to the insurance trust fund established under

14  KRS 61.701 the amount necessary to provide the monthly contribution rate as

15  provided for under this section. Such employer contribution rate shall be

16  developed by appropriate actuarial method as a part of the determination of

17  each respective employer contribution rate determined under KRS 61.565.

18  (b) 1. Each employer described in paragraph (a) of this subsection shall deduct

19  from the creditable compensation of each member whose membership

20  date begins on or after September 1, 2008, an amount equal to one

21  percent (1%) of the member's creditable compensation. The deducted

22  amounts shall, at the discretion of the board, be credited to accounts

23  established pursuant to 26 U.S.C. sec. 401(h), within the funds

24  established in KRS 16.510 and 61.515, or the insurance trust fund

25  established under KRS 61.701. Notwithstanding the provisions of this

26  paragraph, a transfer of assets between the accounts established pursuant

27  to 26 U.S.C. sec. 401(h), within the funds established in KRS 16.510

                                                  Page 11 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                         Engrossed
    UNOFFICIAL COPY                                              26 RS HB 213/EN

1   and 61.515, and the insurance trust fund established under KRS 61.701

2   shall not be allowed.

3   2. The employer shall file the contributions as provided by subparagraph 1.

4   of this paragraph at the retirement office in accordance with KRS

5   61.675. Any interest or penalties paid on any delinquent contributions

6   shall be credited to accounts established pursuant to 26 U.S.C. sec.

7   401(h), within the funds established in KRS 16.510 and 61.515, or the

8   insurance trust fund established under KRS 61.701. Notwithstanding

9   any minimum compensation requirements provided by law, the

10  deductions provided by this paragraph shall be made, and the

11  compensation of the member shall be reduced accordingly.

12  3. Each employer shall submit payroll reports, contributions lists, and other

13  data as may be required by administrative regulation promulgated by the

14  board of trustees pursuant to KRS Chapter 13A.

15  4. Every member shall be deemed to consent and agree to the deductions

16  made pursuant to this paragraph, and the payment of salary or

17  compensation less the deductions shall be a full and complete discharge

18  of all claims for services rendered by the person during the period

19  covered by the payment, except as to any benefits provided by KRS

20  16.505 to 16.652 or 61.510 to 61.705. No member may elect whether to

21  participate in, or choose the contribution amount to accounts established

22  pursuant to 26 U.S.C. sec. 401(h) within the funds established in KRS

23  16.510 and 61.515, or the insurance trust fund established under KRS

24  61.701. The member shall have no option to receive the contribution

25  required by this paragraph directly instead of having the contribution

26  paid to accounts established pursuant to 26 U.S.C. sec. 401(h) within the

27  funds established in KRS 16.510 and 61.515, or the insurance trust fund

                                                  Page 12 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                 Engrossed
    UNOFFICIAL COPY                                              26 RS HB 213/EN

1   established under KRS 61.701. No member may receive a rebate or

2   refund of contributions. If a member establishes a membership date

3   prior to September 1, 2008, pursuant to KRS 61.552(2) or (3), then this

4   paragraph shall not apply to the member and all contributions previously

5   deducted in accordance with this paragraph shall be refunded to the

6   member without interest. The contribution made pursuant to this

7   paragraph shall not act as a reduction or offset to any other contribution

8   required of a member or recipient under KRS 16.505 to 16.652 or

9   61.510 to 61.705.

10  5. The board of trustees, at its discretion, may direct that the contributions

11  required by this paragraph be accounted for within accounts established

12  pursuant to 26 U.S.C. sec. 401(h) within the funds established in KRS

13  16.510 and 61.515, or the insurance trust fund established under KRS

14  61.701, through the use of separate accounts.

15 (4) (a) The premium required to provide hospital and medical insurance plan

16  coverage under this section shall be paid wholly or partly from funds

17  contributed by:

18  1. The recipient of a retirement allowance, by payroll deduction from his

19  or her retirement allowance, or by other method;

20  2. The insurance trust fund established under KRS 61.701 or accounts

21  established pursuant to 26 U.S.C. sec. 401(h) within the funds

22  established in KRS 16.510 and 61.515;

23  3. Another state-administered retirement system, including the County

24  Employees Retirement System, under a reciprocal arrangement, except

25  that any portion of the premium paid from the funds specified by

26  subparagraph 2. of this paragraph under a reciprocal agreement shall not

27  exceed the amount that would be payable under this section if all the

                                                  Page 13 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                 Engrossed
    UNOFFICIAL COPY                                              26 RS HB 213/EN

1   member's service were in the systems administered by the Kentucky

2   Retirement Systems. If the board provides for cross-referencing of

3   insurance premiums, the employer's contribution for the working

4   member or spouse shall be applied toward the premium, and the

5   insurance trust fund established under KRS 61.701 or accounts

6   established pursuant to 26 U.S.C. sec. 401(h) within the funds

7   established in KRS 16.510 and 61.515 shall pay the balance; or

8   4. A combination of the fund sources described by subparagraphs 1. to 3.

9   of this paragraph.

10  Group rates under the hospital and medical insurance plan shall be made

11  available to the spouse, each dependent child, and each disabled child,

12  regardless of the disabled child's age, of a recipient who is a former member

13  or the beneficiary, if the premium for the hospital and medical insurance for

14  the spouse, each dependent child, and each disabled child, or beneficiary is

15  paid by payroll deduction from the retirement allowance, electronic funds

16  transfer, or by another method. For purposes of this subsection only, a child

17  shall be considered disabled if he or she has been determined to be eligible for

18  federal Social Security disability benefits or meets the dependent disability

19  standard established by the Department of Employee Insurance in the

20  Personnel Cabinet.

21  (b) For a member who began participating in the system prior to July 1, 2003, the

22  monthly contribution rate shall be paid by the system from the funds specified

23  under paragraph (a)2. of this subsection and shall be equal to a percentage of

24  the single premium to cover the retired member as follows:

25  1. One hundred percent (100%) of the monthly premium for single

26  coverage shall be paid for a retired member who had two hundred forty

27  (240) months of service or more upon retirement or for a retired member

                                                  Page 14 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                    Engrossed
    UNOFFICIAL COPY                                              26 RS HB 213/EN

1   who when he or she was an employee became disabled as a direct result

2   of an act in line of duty as defined in KRS 16.505 or as a result of a

3   duty-related injury as defined in KRS 61.621;

4   2. Seventy-five percent (75%) of the monthly premium for single coverage

5   shall be paid for a retired member who had less than two hundred forty

6   (240) months of service but at least one hundred eighty (180) months of

7   service upon retirement, provided such retired member agrees to pay the

8   remaining twenty-five percent (25%) by payroll deduction from his or

9   her retirement allowance, electronic funds transfer, or by another

10  method;

11  3. Fifty percent (50%) of the monthly premium for single coverage shall be

12  paid for a retired member who had less than one hundred eighty (180)

13  months of service but had at least one hundred twenty (120) months of

14  service upon retirement, provided such retired member agrees to pay the

15  remaining fifty percent (50%) by payroll deduction from his or her

16  retirement allowance, electronic funds transfer, or by another method; or

17  4. Twenty-five percent (25%) of the monthly premium for single coverage

18  shall be paid for a retired member who had less than one hundred twenty

19  (120) months of service but had at least forty-eight (48) months of

20  service upon retirement, provided such retired member agrees to pay the

21  remaining seventy-five percent (75%) by payroll deduction from his or

22  her retirement allowance, electronic funds transfer, or by another

23  method.

24  (c) Notwithstanding paragraph (b) of this subsection, for a member participating

25  in the system prior to July 1, 2003, who:

26  1. Dies as a direct result of an act in line of duty as defined in KRS 16.505

27  or dies as a result of a duty-related injury as defined in KRS 61.621, the

                                                  Page 15 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                 Engrossed
    UNOFFICIAL COPY                                              26 RS HB 213/EN

1   monthly premium shall be paid for his or her spouse so long as the

2   spouse remains eligible for a monthly retirement benefit;

3   2. Becomes totally and permanently disabled as defined in KRS 16.582 as

4   a direct result of an act in line of duty as defined in KRS 16.505 or

5   becomes disabled as a result of a duty-related injury as defined in KRS

6   61.621 and is eligible for the benefits provided by KRS 61.621(5)(a), the

7   monthly premium shall be paid for his or her spouse so long as the

8   member and the spouse individually remain eligible for a monthly

9   retirement benefit; and

10  3. Dies as a direct result of an act in line of duty as defined in KRS 16.505,

11  dies as a result of a duty-related injury as defined in KRS 61.621,

12  becomes totally and permanently disabled as defined in KRS 16.582 as a

13  direct result of an act in line of duty as defined in KRS 16.505, or

14  becomes disabled as a result of a duty-related injury as defined in KRS

15  61.621 and is eligible for the benefits provided by KRS 61.621(5)(a), the

16  monthly premium shall be paid for each dependent child as defined in

17  KRS 16.505, so long as the member remains eligible for a monthly

18  retirement benefit, unless deceased, and each dependent child

19  individually remains eligible under KRS 16.505.

20  (d) 1. For a member who began participating in the system prior to July 1,

21  2003, who was determined to be in a hazardous position in the Kentucky

22  Employees Retirement System or in a position in the State Police

23  Retirement System, or who is receiving a retirement allowance based on

24  General Assembly service, the funds specified under paragraph (a)2. of

25  this subsection shall also pay a percentage of the monthly contribution

26  rate sufficient to fund the premium costs for hospital and medical

27  insurance coverage for the spouse and for each dependent child of a

                                                  Page 16 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                 Engrossed
    UNOFFICIAL COPY                                              26 RS HB 213/EN

1   recipient.

2   2. The percentage of the monthly contribution rate paid for the spouse and

3   each dependent child of a recipient who was in a hazardous position or

4   who is receiving a retirement allowance based on General Assembly

5   service in accordance with subparagraph 1. of this paragraph shall be

6   based solely on the member's service in a hazardous position using the

7   formula in paragraph (b) of this subsection.

8   (e) For members who begin participating in the system on or after July 1, 2003:

9   1. Participation in the insurance benefits provided under this section shall

10  not be allowed until the member has earned at least one hundred twenty

11  (120) months of service in the state-administered retirement systems,

12  except that for members who begin participating in the system on or

13  after September 1, 2008, participation in the insurance benefits provided

14  under this section shall not be allowed until the member has earned at

15  least one hundred eighty (180) months of service credited under KRS

16  16.543(1) or 61.543(1), or another state-administered retirement system.

17  2. A member who meets the minimum service requirements as provided by

18  subparagraph 1. of this paragraph shall upon retirement be eligible for

19  the following monthly contribution rate to be paid on his or her behalf,

20  or on behalf of the spouse or dependent of a member with service in a

21  hazardous position, from the funds specified under paragraph (a)2. of

22  this subsection:

23  a. For members with service in a nonhazardous position, a monthly

24                   insurance contribution of ten dollars ($10) for each year of service

25                   as a participating employee in a nonhazardous position;

26  b. For members with service in a hazardous position or who

27                   participate in the State Police Retirement System, a monthly

                                                  Page 17 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                              Engrossed
    UNOFFICIAL COPY                                              26 RS HB 213/EN

1                    insurance contribution of fifteen dollars ($15) for each year of

2                    service as a participating employee in a hazardous position or the

3                    State Police Retirement System; and

4   c. Upon the death of the retired member, the beneficiary, if the

5                    beneficiary is the member's spouse, shall be entitled to a monthly

6                    insurance contribution of ten dollars ($10) for each year of service

7                    the member attained as a participating employee in a hazardous

8                    position.

9   3. The minimum service requirement to participate in benefits as provided

10  by subparagraph 1. of this paragraph shall be waived for a member who

11  receives a satisfactory determination of a hazardous disability that is a

12  direct result of an act in line of duty as defined in KRS 16.505, and the

13  member shall be entitled to the benefits payable under this subsection as

14  though the member had twenty (20) years of service in a hazardous

15  position.

16  4. The minimum service required to participate in benefits as provided by

17  subparagraph 1. of this paragraph shall be waived for a member who is

18  disabled as a result of a duty-related injury as defined in KRS 61.621

19  and is eligible for the benefits provided by KRS 61.621(5)(b), and the

20  member shall be entitled to the benefits payable under this subsection as

21  though the member had twenty (20) years of service in a nonhazardous

22  position.

23  5. Notwithstanding the provisions of this paragraph, the minimum service

24  requirement to participate in benefits as provided by subparagraph 1. of

25  this paragraph shall be waived for a for a member who dies as a direct

26  result of an act in line of duty as defined in KRS 16.505, who becomes

27  totally and permanently disabled as defined in KRS 16.582 as a direct

                                                  Page 18 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                 Engrossed
    UNOFFICIAL COPY                                              26 RS HB 213/EN

1   result of an act in line of duty as defined in KRS 16.505, who dies as a

2   result of a duty-related injury as defined in KRS 61.621, or who

3   becomes disabled as a result of a duty-related injury as defined in KRS

4   61.621 and is eligible for the benefits provided by KRS 61.621(5)(a),

5   and the premium for the member, the member's spouse, and for each

6   dependent child as defined in KRS 16.505 shall be paid in full by the

7   systems so long as the member, member's spouse, or dependent child

8   individually remains eligible for a monthly retirement benefit.

9   6. Except as provided by subparagraph 5. of this paragraph, the monthly

10  insurance contribution amount shall be increased:

11  a. On July 1 of each year by one and one-half percent (1.5%). The

12                   increase shall be cumulative and shall continue to accrue after the

13                   member's retirement for as long as a monthly insurance

14                   contribution is payable to the retired member or beneficiary but

15                   shall not apply to any increase in the contribution attributable to

16                   the increase specified by subdivision b. of this subparagraph; and

17  b. On January 1 of each year by five dollars ($5) for members who

18                   have accrued an additional full year of service as a participating

19                   employee beyond the career threshold, subject to the following

20                   restrictions:

21                   i. The additional insurance contribution provided by this

22                   subdivision shall only be applied to the monthly contribution

23                   amounts provided under subparagraph 2.a. and b. of this

24                   paragraph;

25                   ii. The additional insurance contribution provided by this

26                   subdivision shall only be payable towards the health plans

27                   offered by the system to retirees who are not eligible for

                                                  Page 19 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                     Engrossed
    UNOFFICIAL COPY                                              26 RS HB 213/EN

1                    Medicare or for reimbursements provided to retirees not

2                    eligible for Medicare pursuant to subsection (6)(a)2. of this

3                    section; and

4                    iii. In order for the annual increase to occur as provided by this

5                    subdivision, the funding level of retiree health benefits for

6                    the system in which the employee is receiving the additional

7                    insurance contribution shall be at least ninety percent (90%)

8                    as of the most recent actuarial valuation and be projected by

9                    the actuary to remain ninety percent (90%) for the year in

10                   which the increase is provided.

11  7. The benefits of this paragraph provided to a member whose participation

12  begins on or after July 1, 2003, shall not be considered as benefits

13  protected by the inviolable contract provisions of KRS 16.652 or

14  61.692. The General Assembly reserves the right to suspend or reduce

15  the benefits conferred in this paragraph if in its judgment the welfare of

16  the Commonwealth so demands.

17  8. An employee whose membership date is on or after September 1, 2008,

18  who retires and is reemployed in a regular full-time position required to

19  participate in the system or the County Employees Retirement System

20  shall not be eligible for health insurance coverage or benefits provided

21  by this section and shall take coverage with his or her employing agency

22  during the period of reemployment in a regular full-time position.

23  9. For purposes of this paragraph:

24  a. "Career threshold" for a member with service in a nonhazardous

25                   position means twenty-seven (27) years of service credited under

26                   KRS 16.543(1), 61.543(1), 78.615(1), or another state-

27                   administered retirement system and for a member with service in a

                                                  Page 20 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                        Engrossed
    UNOFFICIAL COPY                                              26 RS HB 213/EN

1                    hazardous position means the service requirements specified by

2                    KRS 16.577(2) or (3) or 16.583(6)(b), as applicable; and

3   b. "Funding level" means the actuarial value of assets divided by the

4                    actuarially accrued liability expressed as a percentage that is

5                    determined and reported by the system's actuary in the annual

6                    actuarial valuation.

7   (f) For members with service in another state-administered retirement system

8   who select hospital and medical insurance plan coverage through the system:

9   1. The system shall compute the member's combined service, including

10  service credit in another state-administered retirement system, and

11  calculate the portion of the member's premium monthly contribution rate

12  to be paid by the funds specified under paragraph (a)2. of this subsection

13  according to the criteria established in paragraphs (a) to (e) of this

14  subsection. Each state-administered retirement system shall pay

15  annually to the insurance trust fund established under KRS 61.701 the

16  portion of the system's cost of the retiree's monthly contribution for

17  single coverage for hospital and medical insurance plan which shall be

18  equal to the percentage of the member's number of months of service in

19  the other state-administered retirement plan divided by his or her total

20  combined service and in conjunction with the reciprocal agreement

21  established between the system and the other state-administered

22  retirement systems. The amounts paid by the other state-administered

23  retirement plans and by the Kentucky Retirement Systems from funds

24  specified under paragraph (a)2. of this subsection shall not be more than

25  one hundred percent (100%) of the monthly contribution adopted by the

26  respective boards of trustees;

27  2. A member may not elect coverage for hospital and medical benefits

                                                  Page 21 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                               Engrossed
    UNOFFICIAL COPY                                              26 RS HB 213/EN

1   through more than one (1) of the state-administered retirement systems;

2   and

3   3. A state-administered retirement system shall not pay any portion of a

4   member's monthly contribution for medical insurance unless the

5   member is a recipient or annuitant of the plan.

6 (5) Premiums paid for hospital and medical insurance coverage procured under

7   authority of this section shall be exempt from any premium tax which might

8   otherwise be required under KRS Chapter 136. The payment of premiums by the

9   funds described by subsection (4)(a)2. of this section shall not constitute taxable

10  income to an insured recipient. No commission shall be paid for hospital and

11  medical insurance procured under authority of this section.

12 (6) (a) The board shall promulgate an administrative regulation to establish a medical

13  insurance reimbursement plan to provide reimbursement for hospital and

14  medical insurance plan premiums of recipients of a retirement allowance who:

15  1. Are not eligible for the same level of hospital and medical benefits as

16  recipients living in Kentucky and having the same Medicare hospital

17  and medical insurance eligibility status; or

18  2. Are eligible for retiree health subsidies as provided by subsection (4)(e)

19  of this section, except for those recipients eligible for full premium

20  subsidies under subsection (4)(e)5. of this section. The reimbursement

21  program as provided by this subparagraph shall be available to the

22  recipient regardless of the hospital and medical insurance plans offered

23  by the systems.

24  (b) An eligible recipient shall file proof of payment for hospital and medical

25  insurance plan coverage with the retirement office. Reimbursement to eligible

26  recipients shall be made on a quarterly basis. The recipient shall be eligible

27  for reimbursement of substantiated medical insurance premiums for an

                                                  Page 22 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                 Engrossed
    UNOFFICIAL COPY                                              26 RS HB 213/EN

1   amount not to exceed the total monthly contribution rate determined under

2   subsection (4) of this section.

3   (c) For purposes of recipients described by paragraph (a)1. of this subsection, the

4   plan shall not be made available if all recipients are eligible for the same

5   coverage as recipients living in Kentucky.

6   Section 6. KRS 78.5536 is amended to read as follows:

7 (1) For purposes of this section:

8   (a) "Hospital and medical insurance plan" may include, at the board's discretion,

9   any one (1) or more of the following:

10  1. Any hospital and medical expense policy or certificate, provider-

11  sponsored integrated health delivery network, self-insured medical plan,

12  health maintenance organization contract, or other health benefit plan;

13  2. Any health savings account as permitted by 26 U.S.C. sec. 223 or health

14  reimbursement arrangement or a similar account as may be permitted by

15  26 U.S.C. sec. 105 or 106. Such arrangement or account, at the board's

16  discretion, may reimburse any medical expense permissible under 26

17  U.S.C. sec. 213; or

18  3. A medical insurance reimbursement program established by the board

19  through the promulgation of administrative regulation under which

20  members purchase individual health insurance coverage through a health

21  insurance exchange established under 42 U.S.C. sec. 18031 or 18041;

22  (b) "Monthly contribution rate" shall be the amount determined by the board

23  based upon the requirements of subsection (4)(a) to (d) of this section, except

24  that for members who began participating in the system on or after July 1,

25  2003, the term shall mean the amount determined in subsection (4)(e) of this

26  section; and

27  (c) "Months of service" shall mean the total months of combined service used to

                                                  Page 23 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                 Engrossed
    UNOFFICIAL COPY                                              26 RS HB 213/EN

1   determine benefits under the system, except service added to determine

2   disability benefits or service otherwise prohibited from being used to

3   determine retiree health benefits under KRS 78.510 to 78.852 shall not be

4   counted as "months of service."

5 (2) (a) 1. The board of trustees of the system shall arrange by appropriate contract

6   or on a self-insured basis to provide a group hospital and medical

7   insurance plan coverage for:

8   a. Present and future recipients of a retirement allowance from the

9                    County Employees Retirement System; and

10  b. The spouse and each qualified dependent of a recipient who is a

11                   former member or the beneficiary, provided the spouse and

12                   dependent meet the requirements to participate in the hospital and

13                   medical insurance plans established, contracted, or authorized by

14                   the system.

15  2. Any recipient who chooses coverage under a hospital and medical

16  insurance plan shall pay, by payroll deduction from the retirement

17  allowance, electronic funds transfer, or by another method, the

18  difference between the premium cost of the hospital and medical

19  insurance plan coverage selected and the monthly contribution rate to

20  which he or she would be entitled under this section.

21  (b) 1. For present and future recipients of a retirement allowance from the

22  system who are not eligible for Medicare and for those recipients

23  described in subparagraph 3.b. of this paragraph, the board may

24  authorize these participants to be included in the Kentucky Employees

25  Health Plan as provided by KRS 18A.225 to 18A.2287 and shall provide

26  benefits for recipients in the plan equal to those provided to state

27  employees having the same Medicare hospital and medical insurance

                                                  Page 24 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                 Engrossed
    UNOFFICIAL COPY                                              26 RS HB 213/EN

1   eligibility status. Notwithstanding the provisions of any other statute

2   except subparagraph 3.b. of this paragraph, system recipients shall be

3   included in the same class as current state employees for purposes of

4   determining medical insurance policies and premiums in the Kentucky

5   Employees Health Plan as provided by KRS 18A.225 to 18A.2287.

6   2. Regardless of age, if a recipient or the spouse or dependent child of a

7   recipient who elects coverage becomes eligible for Medicare, he or she

8   shall participate in the plans offered by the systems for Medicare

9   eligible recipients. Individuals participating in the Medicare eligible

10  plans may be required to obtain and pay for Medicare Part A and Part B

11  coverage in order to participate in the Medicare eligible plans offered by

12  the system.

13  3. The system shall continue to provide the same hospital and medical

14  insurance plan coverage for recipients and qualifying dependents after

15  the age of sixty-five (65) as before the age of sixty-five (65), if:

16  a. The recipient is not eligible for Medicare coverage; or

17  b. The recipient would otherwise be eligible for Medicare coverage

18                   but is subject to the Medicare Secondary Payer Act under 42

19                   U.S.C. sec. 1395y(b) and has been reemployed by a participating

20                   agency which offers the recipient a hospital and medical insurance

21                   benefit or by a participating agency which is prevented from

22                   offering or which does not offer a hospital and medical benefit to

23                   the recipient as a condition of reemployment under KRS 70.293,

24                   95.022, or 164.952. Individuals who are eligible, pursuant to this

25                   subdivision, to be included in the Kentucky Employees Health

26                   Plan as provided by KRS 18A.225 to 18A.2287 may be rated as a

27                   separate class from other eligible employees and retirees for the

                                                  Page 25 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                          Engrossed
    UNOFFICIAL COPY                                              26 RS HB 213/EN

1                    purpose of determining medical insurance premiums.

2   (c) For recipients of a retirement allowance who are not eligible for the same

3   level of hospital and medical benefits as recipients living in Kentucky having

4   the same Medicare hospital and medical insurance eligibility status, the board

5   shall provide a medical insurance reimbursement plan as described in

6   subsection (6) of this section.

7   (d) Notwithstanding anything in KRS Chapter 78 to the contrary, the board of

8   trustees, in its discretion, may take necessary steps to ensure compliance with

9   42 U.S.C. sec. 300bb-1 et seq.

10 (3) (a) Each employer participating in the County Employees Retirement System as

11  provided in KRS 78.510 to 78.852 shall contribute to the insurance trust fund

12  established by KRS 61.701 the amount necessary to provide the monthly

13  contribution rate as provided for under this section. Such employer

14  contribution rate shall be developed by appropriate actuarial method as a part

15  of the determination of each respective employer contribution rate determined

16  under KRS 78.635.

17  (b) 1. Each employer described in paragraph (a) of this subsection shall deduct

18  from the creditable compensation of each member whose membership

19  date begins on or after July 1, 2003, and who is subject to the benefits

20  provided under subsection (4)(e) of this section, an amount equal to one

21  percent (1%) of the member's creditable compensation if the member is

22  participating in a nonhazardous position and two percent (2%) of the

23  member's creditable compensation if the member is participating in a

24  hazardous position. The deducted amounts shall, at the discretion of the

25  board, be credited to accounts established pursuant to 26 U.S.C. sec.

26  401(h), within the funds established in KRS 78.520, or the insurance

27  trust fund established under KRS 61.701. Notwithstanding the

                                                  Page 26 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                         Engrossed
    UNOFFICIAL COPY                                              26 RS HB 213/EN

1   provisions of this paragraph, a transfer of assets between the accounts

2   established pursuant to 26 U.S.C. sec. 401(h), within the funds

3   established in KRS 78.520, and the insurance trust fund established

4   under KRS 61.701 shall not be allowed.

5   2. The employer shall file the contributions as provided by subparagraph 1.

6   of this paragraph at the retirement office in accordance with KRS

7   78.625. Any interest or penalties paid on any delinquent contributions

8   shall be credited to accounts established pursuant to 26 U.S.C. sec.

9   401(h), within the funds established in KRS 78.520, or the insurance

10  trust fund established under KRS 61.701. Notwithstanding any

11  minimum compensation requirements provided by law, the deductions

12  provided by this paragraph shall be made, and the compensation of the

13  member shall be reduced accordingly.

14  3. Each employer shall submit payroll reports, contributions lists, and other

15  data as may be required by administrative regulation promulgated by the

16  board of trustees pursuant to KRS Chapter 13A.

17  4. Every member shall be deemed to consent and agree to the deductions

18  made pursuant to this paragraph, and the payment of salary or

19  compensation less the deductions shall be a full and complete discharge

20  of all claims for services rendered by the person during the period

21  covered by the payment, except as to any benefits provided by KRS

22  78.510 to 78.852. No member may elect whether to participate in, or

23  choose the contribution amount to accounts established pursuant to 26

24  U.S.C. sec. 401(h) within the funds established in KRS 78.520, or the

25  insurance trust fund established under KRS 61.701. The member shall

26  have no option to receive the contribution required by this paragraph

27  directly instead of having the contribution paid to accounts established

                                                  Page 27 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                 Engrossed
    UNOFFICIAL COPY                                              26 RS HB 213/EN

1   pursuant to 26 U.S.C. sec. 401(h) within the funds established in KRS

2   78.520, or the insurance trust fund established under KRS 61.701. No

3   member may receive a rebate or refund of contributions. If a member

4   establishes a membership date prior to July 1, 2003, pursuant to KRS

5   61.552(2) or (3) or who is subject to the benefits provided under

6   subsection (4)(b) or (d) of this section, then this paragraph shall not

7   apply to the member and all contributions previously deducted in

8   accordance with this paragraph shall be refunded to the member without

9   interest. The contribution made pursuant to this paragraph shall not act

10  as a reduction or offset to any other contribution required of a member

11  or recipient under KRS 78.510 to 78.852.

12  5. The board of trustees, at its discretion, may direct that the contributions

13  required by this paragraph be accounted for within accounts established

14  pursuant to 26 U.S.C. sec. 401(h) within the funds established in KRS

15  78.520, or the insurance trust fund established under KRS 61.701,

16  through the use of separate accounts.

17 (4) (a) The premium required to provide hospital and medical insurance plan

18  coverage under this section shall be paid wholly or partly from funds

19  contributed by:

20  1. The recipient of a retirement allowance, by payroll deduction from his

21  or her retirement allowance, electronic funds transfer, or by other

22  method;

23  2. The insurance trust fund established by KRS 61.701 or accounts

24  established pursuant to 26 U.S.C. sec. 401(h) within the funds

25  established in KRS 78.520;

26  3. Another state-administered retirement system, including the systems

27  administered by Kentucky Retirement Systems, under a reciprocal

                                                  Page 28 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                 Engrossed
    UNOFFICIAL COPY                                              26 RS HB 213/EN

1   arrangement, except that any portion of the premium paid from the

2   funds specified by subparagraph 2. of this paragraph under a reciprocal

3   agreement shall not exceed the amount that would be payable under this

4   section if all the member's service were in the County Employees

5   Retirement System. If the board provides for cross-referencing of

6   insurance premiums, the employer's contribution for the working

7   member or spouse shall be applied toward the premium, and the

8   insurance trust fund established under KRS 61.701 or accounts

9   established pursuant to 26 U.S.C. sec. 401(h) within the funds

10  established in KRS 78.520, shall pay the balance; or

11  4. A combination of the fund sources described by subparagraphs 1. to 3.

12  of this paragraph.

13  Group rates under the hospital and medical insurance plan shall be made

14  available to the spouse, each dependent child, and each disabled child,

15  regardless of the disabled child's age, of a recipient who is a former member

16  or the beneficiary, if the premium for the hospital and medical insurance for

17  the spouse, each dependent child, and each disabled child, or beneficiary is

18  paid by payroll deduction from the retirement allowance, electronic funds

19  transfer, or by another method. For purposes of this subsection only, a child

20  shall be considered disabled if he or she has been determined to be eligible for

21  federal Social Security disability benefits or meets the dependent disability

22  standard established by the Department of Employee Insurance in the

23  Personnel Cabinet.

24  (b) For a member who began participating in the system prior to July 1, 2003, the

25  monthly contribution rate shall be paid by the system from the funds specified

26  under paragraph (a)2. of this subsection and shall be equal to a percentage of

27  the single premium to cover the retired member as follows:

                                                  Page 29 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                 Engrossed
    UNOFFICIAL COPY                                              26 RS HB 213/EN

1   1. One hundred percent (100%) of the monthly premium for single

2   coverage shall be paid for a retired member who had two hundred forty

3   (240) months of service or more upon retirement or for a retired member

4   who when he or she was an employee was disabled as a direct result of

5   an act in line of duty as defined in KRS 78.510(48) or as a result of a

6   duty-related injury as defined in KRS 61.621;

7   2. Seventy-five percent (75%) of the monthly premium for single coverage

8   shall be paid for a retired member who had less than two hundred forty

9   (240) months of service but at least one hundred eighty (180) months of

10  service upon retirement, provided such retired member agrees to pay the

11  remaining twenty-five percent (25%) by payroll deduction from his or

12  her retirement allowance, electronic funds transfer, or by another

13  method;

14  3. Fifty percent (50%) of the monthly premium for single coverage shall be

15  paid for a retired member who had less than one hundred eighty (180)

16  months of service but had at least one hundred twenty (120) months of

17  service upon retirement, provided such retired member agrees to pay the

18  remaining fifty percent (50%) by payroll deduction from his or her

19  retirement allowance, electronic funds transfer, or by another method; or

20  4. Twenty-five percent (25%) of the monthly premium for single coverage

21  shall be paid for a retired member who had less than one hundred twenty

22  (120) months of service but had at least forty-eight (48) months of

23  service upon retirement, provided such retired member agrees to pay the

24  remaining seventy-five percent (75%) by payroll deduction from his or

25  her retirement allowance, electronic funds transfer, or by another

26  method.

27  (c) Notwithstanding paragraph (b) of this subsection, for a member participating

                                                  Page 30 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                 Engrossed
    UNOFFICIAL COPY                                              26 RS HB 213/EN

1   in the system prior to July 1, 2003, who:

2   1. Dies as a direct result of an act in line of duty as defined in KRS 78.510

3   or dies as a result of a duty-related injury as defined in KRS 61.621, the

4   monthly premium shall be paid for his or her spouse so long as the

5   spouse remains eligible for a monthly retirement benefit;

6   2. Becomes totally and permanently disabled as defined in KRS 78.5524 as

7   a direct result of an act in line of duty as defined in KRS 78.510 or

8   becomes disabled as a result of a duty-related injury as defined in KRS

9   61.621 and is eligible for the benefits provided by KRS 61.621(5)(a), the

10  monthly premium shall be paid for his or her spouse so long as the

11  member and the spouse individually remain eligible for a monthly

12  retirement benefit; and

13  3. Dies as a direct result of an act in line of duty as defined in KRS 78.510,

14  dies as a result of a duty-related injury as defined in KRS 61.621,

15  becomes totally and permanently disabled as defined in KRS 78.5524 as

16  a direct result of an act in line of duty as defined in KRS 78.510, or

17  becomes disabled as a result of a duty-related injury as defined in KRS

18  61.621 and is eligible for the benefits provided by KRS 61.621(5)(a), the

19  monthly premium shall be paid for each dependent child as defined in

20  KRS 78.510, so long as the member remains eligible for a monthly

21  retirement benefit, unless deceased, and each dependent child

22  individually remains eligible under KRS 78.510.

23  (d) 1. For a member who began participating in the system prior to July 1,

24  2003, who was determined to be in a hazardous position in the County

25  Employees Retirement System, or who is receiving a retirement

26  allowance based on General Assembly service, the funds specified under

27  paragraph (a)2. of this subsection shall also pay a percentage of the

                                                  Page 31 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                 Engrossed
    UNOFFICIAL COPY                                              26 RS HB 213/EN

1   monthly contribution rate sufficient to fund the premium costs for

2   hospital and medical insurance coverage for the spouse and for each

3   dependent child of a recipient.

4   2. The percentage of the monthly contribution rate paid for the spouse and

5   each dependent child of a recipient who was in a hazardous position or

6   who is receiving a retirement allowance based on General Assembly

7   service in accordance with subparagraph 1. of this paragraph shall be

8   based solely on the member's service in a hazardous position using the

9   formula in paragraph (b) of this subsection, except that for any recipient

10  of a retirement allowance from the County Employees Retirement

11  System who was contributing to the system on January 1, 1998, for

12  service in a hazardous position, the percentage of the monthly

13  contribution shall be based on the total of hazardous service and any

14  nonhazardous service as a police or firefighter with the same agency, if

15  that agency was participating in the County Employees Retirement

16  System but did not offer hazardous duty coverage for its police and

17  firefighters at the time of initial participation.

18  (e) For members who begin participating in the system on or after July 1, 2003:

19  1. Participation in the insurance benefits provided under this section shall

20  not be allowed until the member has earned at least one hundred twenty

21  (120) months of service in the state-administered retirement systems,

22  except that for members who begin participating in the system on or

23  after September 1, 2008, participation in the insurance benefits provided

24  under this section shall not be allowed until the member has earned at

25  least one hundred eighty (180) months of service credited under KRS

26  78.615(1) or another state-administered retirement system;

27  2. A member who meets the minimum service requirements as provided by

                                                  Page 32 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                 Engrossed
    UNOFFICIAL COPY                                              26 RS HB 213/EN

1   subparagraph 1. of this paragraph shall upon retirement be eligible for

2   the following monthly contribution rate to be paid on his or her behalf,

3   or on behalf of the spouse or dependent of a member with service in a

4   hazardous position, from the funds specified under paragraph (a)2. of

5   this subsection:

6   a. For members with service in a nonhazardous position who do not

7                    meet the career threshold, a monthly insurance contribution of ten

8                    dollars ($10) for each year of service as a participating employee

9                    in a nonhazardous position;

10  b. For members with service in a nonhazardous position who meet

11                   the career threshold, a monthly insurance contribution towards the

12                   health plans offered to retirees who are not eligible for Medicare

13                   of forty dollars ($40) for each year of service as a participating

14                   employee in a nonhazardous position and a monthly insurance

15                   contribution towards the health plans offered to retirees who are

16                   eligible for Medicare of ten dollars ($10) for each year of service

17                   as a participating employee in a nonhazardous position. The

18                   monthly insurance contribution payable to retirees eligible for

19                   Medicare under this subdivision shall be adjusted as necessary so

20                   that it is equivalent to the monthly contribution amount computed

21                   under subdivision a. of this subparagraph as adjusted by

22                   subparagraph 6.a. of this paragraph;

23  c. For members with service in a hazardous position who do not meet

24                   the career threshold, a monthly insurance contribution of fifteen

25                   dollars ($15) for each year of service as a participating employee

26                   in a hazardous position;

27  d. For members with service in a hazardous position who meet the

                                                  Page 33 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                 Engrossed
    UNOFFICIAL COPY                                              26 RS HB 213/EN

1                    career threshold, a monthly insurance contribution towards the

2                    health plans offered to retirees who are not eligible for Medicare

3                    of fifty dollars ($50) for each year of service as a participating

4                    employee in a hazardous position and a monthly insurance

5                    contribution towards the health plans offered to retirees who are

6                    eligible for Medicare of fifteen dollars ($15) for each year of

7                    service as a participating employee in a hazardous position. The

8                    monthly insurance contribution payable to retirees eligible for

9                    Medicare under this subdivision shall be adjusted as necessary so

10                   that it is equivalent to the monthly contribution amount computed

11                   under subdivision c. of this subparagraph as adjusted by

12                   subparagraph 6.a. of this paragraph; and

13  e. Upon the death of the retired member, the beneficiary, if the

14                   beneficiary is the member's spouse, shall be entitled to a monthly

15                   insurance contribution of ten dollars ($10) for each year of service

16                   the member attained as a participating employee in a hazardous

17                   position;

18  3. The minimum service requirement to participate in benefits as provided

19  by subparagraph 1. of this paragraph shall be waived for a member who

20  receives a satisfactory determination of a hazardous disability that is a

21  direct result of an act in line of duty as defined in KRS 78.510(48) and

22  the member shall be entitled to the benefits payable under this

23  subsection as though the member had twenty (20) years of service in a

24  hazardous position;

25  4. The minimum service required to participate in benefits as provided by

26  subparagraph 1. of this paragraph shall be waived for a member who is

27  disabled as a result of a duty-related injury as defined in KRS 61.621

                                                  Page 34 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                 Engrossed
    UNOFFICIAL COPY                                              26 RS HB 213/EN

1   and is eligible for the benefits provided by KRS 61.621(5)(b), and the

2   member shall be entitled to the benefits payable under this subsection as

3   though the member had twenty (20) years of service in a nonhazardous

4   position;

5   5. Notwithstanding the provisions of this paragraph, the minimum service

6   requirement to participate in benefits as provided by subparagraph 1. of

7   this paragraph shall be waived for a member who dies as a direct result

8   of an act in line of duty as defined in KRS 78.510(48), who becomes

9   totally and permanently disabled as defined in KRS 78.5524 as a direct

10  result of an act in line of duty as defined in KRS 78.510, who dies as a

11  result of a duty-related injury as defined in KRS 61.621, or who

12  becomes disabled as a result of a duty-related injury as defined in KRS

13  61.621 and is eligible for the benefits provided by KRS 61.621(5)(a),

14  and the premium for the member, the member's spouse, and for each

15  dependent child as defined in KRS 78.510 shall be paid in full by the

16  systems so long as the member, member's spouse, or dependent child

17  individually remains eligible for a monthly retirement benefit;

18  6. Except as provided by subparagraph 5. of this paragraph, the monthly

19  insurance contribution amount shall be increased:

20  a. On July 1 of each year by one and one-half percent (1.5%). The

21                   increase shall be cumulative and shall continue to accrue after the

22                   member's retirement for as long as a monthly insurance

23                   contribution is payable to the retired member or beneficiary but

24                   shall not apply to any increase in the contribution attributable to

25                   the increase specified by subdivision b. of this subparagraph; and

26  b. On January 1 of each year by five dollars ($5) for members who

27                   have accrued an additional full year of service as a participating

                                                  Page 35 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                     Engrossed
    UNOFFICIAL COPY                                              26 RS HB 213/EN

1                    employee beyond the career threshold, subject to the following

2                    restrictions:

3                    i. The additional insurance contribution provided by this

4                    subdivision shall only be applied to the monthly contribution

5                    amounts provided under subparagraph 2.b. and d. of this

6                    paragraph;

7                    ii. The additional insurance contribution provided by this

8                    subdivision shall only be payable towards the health plans

9                    offered by the system to retirees who are not eligible for

10                   Medicare or for reimbursements provided to retirees not

11                   eligible for Medicare pursuant to subsection (6)(a)2. of this

12                   section; and

13                   iii. In order for the annual increase to occur as provided by this

14                   subdivision, the funding level of retiree health benefits for

15                   the system in which the employee is receiving the additional

16                   insurance contribution shall be at least ninety percent (90%)

17                   as of the most recent actuarial valuation and be projected by

18                   the actuary to remain ninety percent (90%) for the year in

19                   which the increase is provided;

20  7. The benefits of this paragraph provided to a member whose participation

21  begins on or after July 1, 2003, shall not be considered as benefits

22  protected by the inviolable contract provisions of KRS 78.852. The

23  General Assembly reserves the right to suspend or reduce the benefits

24  conferred in this paragraph if in its judgment the welfare of the

25  Commonwealth so demands;

26  8. An employee whose membership date is on or after September 1, 2008,

27  who retires and is reemployed in a regular full-time position required to

                                                  Page 36 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                 Engrossed
    UNOFFICIAL COPY                                              26 RS HB 213/EN

1   participate in the system or the Kentucky Retirement Systems shall not

2   be eligible for health insurance coverage or benefits provided by this

3   section and shall take coverage with his or her employing agency during

4   the period of reemployment in a regular full-time position; and

5   9. For purposes of this paragraph:

6   a. "Career threshold" for a member with service in a nonhazardous

7                    position means twenty-seven (27) years of service credited under

8                    KRS 16.543(1), 61.543(1), 78.615(1), or another state-

9                    administered retirement system and for a member with service in a

10                   hazardous position means the service requirements specified by

11                   KRS 78.5514(2)(a)2. or (3)(b), or 78.5516(6)(b), as applicable;

12                   and

13  b. "Funding level" means the actuarial value of assets divided by the

14                   actuarially accrued liability expressed as a percentage that is

15                   determined and reported by the system's actuary in the annual

16                   actuarial valuation.

17  (f) For members with service in another state-administered retirement system

18  who select hospital and medical insurance plan coverage through the system:

19  1. The system shall compute the member's combined service, including

20  service credit in another state-administered retirement system, and

21  calculate the portion of the member's premium monthly contribution rate

22  to be paid by the funds specified under paragraph (a)2. of this subsection

23  according to the criteria established in paragraphs (a) to (e) of this

24  subsection. Each state-administered retirement system shall pay

25  annually to the insurance trust fund established under KRS 61.701 the

26  portion of the system's cost of the retiree's monthly contribution for

27  single coverage for hospital and medical insurance plan which shall be

                                                  Page 37 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                     Engrossed
    UNOFFICIAL COPY                                              26 RS HB 213/EN

1   equal to the percentage of the member's number of months of service in

2   the other state-administered retirement plan divided by his or her total

3   combined service and in conjunction with the reciprocal agreement

4   established between the system and the other state-administered

5   retirement systems. The amounts paid by the other state-administered

6   retirement plans and by the County Employees Retirement System from

7   funds specified under paragraph (a)2. of this subsection shall not be

8   more than one hundred percent (100%) of the monthly contribution

9   adopted by the respective boards of trustees;

10  2. A member may not elect coverage for hospital and medical benefits

11  through more than one (1) of the state-administered retirement systems;

12  and

13  3. A state-administered retirement system shall not pay any portion of a

14  member's monthly contribution for medical insurance unless the

15  member is a recipient or annuitant of the plan.

16 (5) Premiums paid for hospital and medical insurance coverage procured under

17  authority of this section shall be exempt from any premium tax which might

18  otherwise be required under KRS Chapter 136. The payment of premiums by the

19  funds described by subsection (4)(a)2. of this section shall not constitute taxable

20  income to an insured recipient. No commission shall be paid for hospital and

21  medical insurance procured under authority of this section.

22 (6) (a) The board shall promulgate an administrative regulation to establish a medical

23  insurance reimbursement plan to provide reimbursement for hospital and

24  medical insurance plan premiums of recipients of a retirement allowance who:

25  1. Are not eligible for the same level of hospital and medical benefits as

26  recipients living in Kentucky and having the same Medicare hospital

27  and medical insurance eligibility status; or

                                                  Page 38 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                 Engrossed
    UNOFFICIAL COPY                                              26 RS HB 213/EN

1   2. Are eligible for retiree health subsidies as provided by subsection (4)(e)

2   of this section, except for those recipients eligible for full premium

3   subsidies under subsection (4)(e)5. of this section. The reimbursement

4   program as provided by this subparagraph shall be available to the

5   recipient regardless of the hospital and medical insurance plans offered

6   by the systems.

7   (b) An eligible recipient shall file proof of payment for hospital and medical

8   insurance plan coverage with the retirement office. Reimbursement to eligible

9   recipients shall be made on a quarterly basis. The recipient shall be eligible

10  for reimbursement of substantiated medical insurance premiums paid by the

11  recipient to obtain coverage for an amount not to exceed the total monthly

12  contribution rate determined under subsection (4) of this section. For

13  reimbursements provided under paragraph (a)2. of this subsection, the full

14  subsidy under subsection (4)(e)2. of this section shall be reimbursed by the

15  system to the recipient up to the amount individually paid by the recipient to

16  obtain coverage. In the case of recipients of a retirement allowance from a

17  nonhazardous position, the reimbursement shall be limited to the amount paid

18  by the recipient to obtain single coverage.

19  (c) For purposes of recipients described by paragraph (a)1. of this subsection, the

20  plan shall not be made available if all recipients are eligible for the same

21  coverage as recipients living in Kentucky.

                                                  Page 39 of 39

    HB021320.100 - 183 - XXXX 3/31/2026 12:48 PM                 Engrossed
Every fact on this page links to its source, starting with the official bill record.