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Kentucky General Assembly· SB 85signed by Governor (Acts Ch. 18)

An act relating to designating a special needs trust to receive state-administered retirement benefits., the official text

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UNOFFICIAL COPY                                                        26 RS SB 85/GA

1   AN ACT relating to designating a special needs trust to receive state-administered

2 retirement benefits.

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

4   Section 1. KRS 16.505 is amended to read as follows:

5 As used in KRS 16.505 to 16.652, unless the context otherwise requires:

6 (1) "System" means the State Police Retirement System created by KRS 16.505 to

7   16.652;

8 (2) "Board" means the board of trustees of the Kentucky Retirement Systems;

9 (3) "Employer" or "State Police" means the Department of Kentucky State Police, or its

10  successor;

11 (4) "Current service" means the number of years and completed months of employment

12  as an employee subsequent to July 1, 1958, for which creditable compensation was

13  paid by the employer and employee contributions deducted except as otherwise

14  provided;

15 (5) "Prior service" means the number of years and completed months of employment as

16  an employee prior to July 1, 1958, for which creditable compensation was paid to

17  the employee by the Commonwealth. Twelve (12) months of current service in the

18  system are required to validate prior service;

19 (6) "Service" means the total of current service and prior service;

20 (7) "Accumulated contributions" at any time means the sum of all amounts deducted

21  from the compensation of a member and credited to his or her individual account in

22  the member's account, including employee contributions picked up after August 1,

23  1982, pursuant to KRS 16.545(4), together with interest credited on such amounts

24  as provided in KRS 16.505 to 16.652, and any other amounts the member shall

25  have contributed, including interest credited. For members who begin participating

26  on or after September 1, 2008, "accumulated contributions" shall not include

27  employee contributions that are deposited into accounts established pursuant to 26

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    UNOFFICIAL COPY                                             26 RS SB 85/GA

1   U.S.C. sec. 401(h) within the funds established in KRS 16.510 and 61.515, as

2   prescribed by KRS 61.702(3)(b);

3 (8) "Creditable compensation":

4   (a) Except as provided by paragraph (b) or (c) of this subsection, means all salary

5   and wages, including payments for compensatory time, paid to the employee

6   as a result of services performed for the employer or for time during which the

7   member is on paid leave, which are includable on the member's federal form

8   W-2 wage and tax statement under the heading "wages, tips, other

9   compensation," including employee contributions picked up after August 1,

10  1982, pursuant to KRS 16.545(4);

11  (b) Includes:

12  1. Lump-sum bonuses, severance pay, or employer-provided payments for

13  purchase of service credit, which shall be averaged over the employee's

14  total service with the system in which it is recorded if it is equal to or

15  greater than one thousand dollars ($1,000);

16  2. Lump-sum payments for creditable compensation paid as a result of an

17  order of a court of competent jurisdiction, the Personnel Board, or the

18  Kentucky Commission on Human Rights, or for any creditable

19  compensation paid in anticipation of settlement of an action before a

20  court of competent jurisdiction, the Personnel Board, or the Kentucky

21  Commission on Human Rights, including notices of violations of state

22  or federal wage and hour statutes or violations of state or federal

23  discrimination statutes, which shall be credited to the fiscal year during

24  which the wages were earned or should have been paid by the employer.

25  This subparagraph shall also include lump-sum payments for reinstated

26  wages pursuant to KRS 61.569, which shall be credited to the period

27  during which the wages were earned or should have been paid by the

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    UNOFFICIAL COPY                                             26 RS SB 85/GA

1   employer;

2   3. Amounts which are not includable in the member's gross income by

3   virtue of the member having taken a voluntary salary reduction provided

4   for under applicable provisions of the Internal Revenue Code; and

5   4. Elective amounts for qualified transportation fringes paid or made

6   available on or after January 1, 2001, for calendar years on or after

7   January 1, 2001, that are not includable in the gross income of the

8   employee by reason of 26 U.S.C. sec. 132(f)(4); and

9   (c) Excludes:

10  1. Living allowances, expense reimbursements, lump-sum payments for

11  accrued vacation leave, and other items determined by the board;

12  2. For employees who begin participating on or after September 1, 2008,

13  lump-sum payments for compensatory time; and

14  3. Any salary or wages paid to an employee for services as a Kentucky

15  State Police school resource officer as defined by KRS 158.441;

16 (9) "Final compensation" means:

17  (a) For a member who begins participating before September 1, 2008, the

18  creditable compensation of a member during the three (3) fiscal years he or

19  she was paid at the highest average monthly rate divided by the number of

20  months of service credit during the three (3) year period, multiplied by twelve

21  (12); the three (3) years may be fractional and need not be consecutive. If the

22  number of months of service credit during the three (3) year period is less than

23  twenty-four (24), one (1) or more additional fiscal years shall be used; or

24  (b) For a member who begins participating on or after September 1, 2008, but

25  prior to January 1, 2014, the creditable compensation of the member during

26  the three (3) complete fiscal years he or she was paid at the highest average

27  monthly rate divided by three (3). Each fiscal year used to determine final

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    UNOFFICIAL COPY                                             26 RS SB 85/GA

1   compensation must contain twelve (12) months of service credit. If the

2   member does not have three (3) complete fiscal years that each contain twelve

3   (12) months of service credit, then one (1) or more additional fiscal years,

4   which may contain less than twelve (12) months of service credit, shall be

5   added until the number of months in the final compensation calculation is at

6   least thirty-six (36) months;

7 (10) "Final rate of pay" means the actual rate upon which earnings of a member were

8   calculated during the twelve (12) month period immediately preceding the

9   member's effective retirement date, including employee contributions picked up

10  after August 1, 1982, pursuant to KRS 16.545(4). The rate shall be certified to the

11  system by the employer and the following equivalents shall be used to convert the

12  rate to an annual rate: two thousand eighty (2,080) hours for eight (8) hour

13  workdays, one thousand nine hundred fifty (1,950) hours for seven and one-half (7-

14  1/2) hour workdays, two hundred sixty (260) days, fifty-two (52) weeks, twelve

15  (12) months, or one (1) year;

16 (11) "Retired member" means any former member receiving a retirement allowance or

17  any former member who has filed the necessary documents for retirement benefits

18  and is no longer contributing to the retirement system;

19 (12) "Retirement allowance" means the retirement payments to which a retired member

20  is entitled;

21 (13) "Actuarial equivalent" means a benefit of equal value when computed upon the

22  basis of actuarial tables adopted by the board. In cases of disability retirement, the

23  options authorized by KRS 61.635 shall be computed by adding ten (10) years to

24  the age of the member, unless the member has chosen the Social Security

25  adjustment option as provided for in KRS 61.635(8), in which case the member's

26  actual age shall be used. For members who began participating in the system prior

27  to January 1, 2014, no disability retirement option shall be less than the same option

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    UNOFFICIAL COPY                                                 26 RS SB 85/GA

1   computed under early retirement;

2 (14) "Authorized leave of absence" means any time during which a person is absent

3   from employment but retained in the status of an employee in accordance with the

4   personnel policy of the Department of Kentucky State Police;

5 (15) "Normal retirement date" means:

6   (a) For a member who begins participating before September 1, 2008, the first

7   day of the month following a member's fifty-fifth birthday, except that for

8   members over age fifty-five (55) on July 1, 1958, it shall mean January 1,

9   1959; or

10  (b) For a member who begins participating on or after September 1, 2008, the

11  first day of the month following a member's sixtieth birthday;

12 (16) "Disability retirement date" means the first day of the month following the last day

13  of paid employment;

14 (17) "Dependent child" means a child in the womb and a natural or legally adopted child

15  of the member who has neither attained age eighteen (18) nor married or who is an

16  unmarried full-time student who has not attained age twenty-two (22). Solely in the

17  cases where a member dies as a direct result of an act in line of duty as defined in

18  this section, dies as a result of a duty-related injury as defined in KRS 61.621,

19  becomes totally and permanently disabled as a direct result of an act in line of duty

20  as defined in this section, or becomes disabled as a result of a duty-related injury as

21  defined in KRS 61.621 and is eligible for the benefits provided by KRS

22  61.621(5)(a), "dependent child" also means a naturally or legally adopted disabled

23  child of the member, regardless of the child's age, if the child has been determined

24  to be eligible for federal Social Security disability benefits or is being claimed as a

25  qualifying child for tax purposes due to the child's total and permanent disability;

26 (18) "Optional allowance" means an actuarially equivalent benefit elected by the

27  member in lieu of all other benefits provided by KRS 16.505 to 16.652;

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    UNOFFICIAL COPY                                                      26 RS SB 85/GA

1 (19) "Act in line of duty" means:

2   (a) A single act occurring or a single thing done, which, as determined by the

3   board, was required in the performance of the duties specified in KRS 16.060;

4   (b) For employees in hazardous positions under KRS 61.592, a single act

5   occurring which was required in the performance of the principal duties of the

6   position as defined by the job description; or

7   (c) For employees participating in the State Police Retirement System and for

8   employees who are in hazardous positions under KRS 61.592, a single act of

9   violence committed against the employee that is found to be related to his or

10  her job duties, whether or not it occurs at his or her job site;

11 (20) "Early retirement date" means:

12  (a) For a member who begins participating before September 1, 2008, the

13  retirement date declared by a member who is not less than fifty (50) years of

14  age and has fifteen (15) years of service; or

15  (b) For a member who begins participating on or after September 1, 2008, but

16  prior to January 1, 2014, the retirement date declared by a member who is not

17  less than fifty (50) years of age and has fifteen (15) years of service credited

18  under KRS 16.543(1) or 61.543(1) or another state-administered retirement

19  system;

20 (21) "Member" means any officer included in the membership of the system as provided

21  under KRS 16.520 whose membership has not been terminated under KRS 61.535;

22 (22) "Regular full-time officers" means the occupants of positions as set forth in KRS

23  16.010;

24 (23) "Hazardous disability" as used in KRS 16.505 to 16.652 means a disability which

25  results in an employee's total incapacity to continue as an employee in a hazardous

26  position, but the employee is not necessarily deemed to be totally and permanently

27  disabled to engage in other occupations for remuneration or profit;

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    UNOFFICIAL COPY                                             26 RS SB 85/GA

1 (24) "Current rate of pay" means the member's actual hourly, daily, weekly, biweekly,

2   monthly, or yearly rate of pay converted to an annual rate as defined in final rate of

3   pay. The rate shall be certified by the employer;

4 (25) "Beneficiary" means the person, persons, estate, trust, special needs trust, or trustee

5   designated by the member in accordance with KRS 61.542 or 61.705 to receive any

6   available benefits in the event of the member's death. As used in KRS 61.702,

7   "beneficiary" does not mean an estate, trust, or trustee;

8 (26) "Recipient" means the retired member, the person or persons designated as

9   beneficiary by the member and drawing a retirement allowance as a result of the

10  member's death, or a dependent child drawing a retirement allowance. An alternate

11  payee of a qualified domestic relations order shall not be considered a recipient,

12  except for purposes of KRS 61.623;

13 (27) "Person" means a natural person;

14 (28) "Retirement office" means the Kentucky Public Pensions Authority office building

15  in Frankfort, unless otherwise designated by the Kentucky Public Pensions

16  Authority;

17 (29) "Vested" for purposes of determining eligibility for purchasing service credit under

18  KRS 61.552 means the employee has at least forty-eight (48) months of service if

19  age sixty-five (65) or older or at least sixty (60) months of service if under the age

20  of sixty-five (65). For purposes of this subsection, "service" means service in the

21  systems administered by the Kentucky Retirement Systems and County Employees

22  Retirement Systems;

23 (30) "Last day of paid employment" means the last date employer and employee

24  contributions are required to be reported in accordance with KRS 16.543 or 61.543

25  to the retirement office in order for the employee to receive current service credit

26  for the month. Last day of paid employment does not mean a date the employee

27  receives payment for accrued leave, whether by lump sum or otherwise, if that date

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    UNOFFICIAL COPY                                                       26 RS SB 85/GA

1   occurs twenty-four (24) or more months after previous contributions;

2 (31) "Objective medical evidence" means reports of examinations or treatments; medical

3   signs which are anatomical, physiological, or psychological abnormalities that can

4   be observed; psychiatric signs which are medically demonstrable phenomena

5   indicating specific abnormalities of behavior, affect, thought, memory, orientation,

6   or contact with reality; or laboratory findings which are anatomical, physiological,

7   or psychological phenomena that can be shown by medically acceptable laboratory

8   diagnostic techniques, including but not limited to chemical tests,

9   electrocardiograms, electroencephalograms, X-rays, and psychological tests;

10 (32) "Fiscal year" of the system means the twelve (12) months from July 1 through the

11  following June 30, which shall also be the plan year. The "fiscal year" shall be the

12  limitation year used to determine contribution and benefit limits established by 26

13  U.S.C. sec. 415;

14 (33) "Participating" means an employee is currently earning service credit in the system

15  as provided in KRS 16.543;

16 (34) "Month" means a calendar month;

17 (35) "Membership date" means the date upon which the member began participating in

18  the system as provided by KRS 16.543;

19 (36) "Participant" means a member, as defined by subsection (21) of this section, or a

20  retired member, as defined by subsection (11) of this section;

21 (37) "Qualified domestic relations order" means any judgment, decree, or order,

22  including approval of a property settlement agreement, that:

23  (a) Is issued by a court or administrative agency; and

24  (b) Relates to the provision of child support, alimony payments, or marital

25  property rights to an alternate payee;

26 (38) "Alternate payee" means a spouse, former spouse, child, or other dependent of a

27  participant, who is designated to be paid retirement benefits in a qualified domestic

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    UNOFFICIAL COPY                                             26 RS SB 85/GA

1   relations order;

2 (39) "Accumulated employer credit" means the employer pay credit deposited to the

3   member's account and interest credited on such amounts as provided by KRS

4   16.583;

5 (40) "Accumulated account balance" means:

6   (a) For members who began participating in the system prior to January 1, 2014,

7   the member's accumulated contributions; or

8   (b) For members who began participating in the system on or after January 1,

9   2014, in the hybrid cash balance plan as provided by KRS 16.583, the

10  combined sum of the member's accumulated contributions and the member's

11  accumulated employer pay credit;[ and]

12 (41) "Monthly average pay" means:

13  (a) In the case of a member who dies as a direct result of an act in line of duty as

14  defined in this section or who dies as a result of a duty-related injury as

15  defined in KRS 61.621, the higher of the member's monthly final rate of pay

16  or the average monthly creditable compensation earned by the deceased

17  member during his or her last twelve (12) months of employment; or

18  (b) In the case where a member becomes totally and permanently disabled as a

19  direct result of an act in line of duty as defined in this section or becomes

20  disabled as a result of a duty-related injury as defined in KRS 61.621 and is

21  eligible for the benefits provided by KRS 61.621(5)(a), the higher of the

22  member's monthly final rate of pay or the average monthly creditable

23  compensation earned by the disabled member during his or her last twelve

24  (12) months of employment prior to the date the act in line of duty or duty-

25  related injury occurred; and

26 (42) "Special needs trust" means a trust described in 42 U.S.C. sec 1396p(d)(4)(A) or

27  (C) for the benefit of one (1) person. Any reference to a trust includes a special

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    UNOFFICIAL COPY                                              26 RS SB 85/GA

1   needs trust, unless the context otherwise requires.

2   Section 2. KRS 16.578 is amended to read as follows:

3 (1) If a member dies prior to the first day of the month in which the member would

4   have received his or her first retirement allowance, the member's beneficiary shall

5   be eligible for the benefits provided by this section if the member had on file a

6   written designation of a beneficiary with the retirement office as provided by KRS

7   61.542 and the member met the following conditions at the date of his or her death:

8   (a) The member was eligible to retire under KRS 16.576, 16.577, or 16.583(6);

9   (b) The member was in active employment or on authorized leave of absence

10  with five (5) or more years of service credit and died prior to his or her normal

11  retirement date; or

12  (c) The member was not in active employment or on authorized leave of absence

13  with twelve (12) or more years of service credit and died prior to his or her

14  normal retirement date.

15 (2) If the beneficiary eligible for benefits as provided in subsection (1) of this section is

16  a single person or a special needs trust, then the beneficiary may elect to receive:

17  (a) A monthly benefit payable for the life of the beneficiary or the life of the

18  beneficiary of a special needs trust that is equal to the benefit that would

19  have been paid had the member retired immediately prior to his or her date of

20  death and elected to receive benefits payable under the survivorship one

21  hundred percent (100%) option as provided in KRS 61.635(2);

22  (b) A monthly benefit payable for the life of the beneficiary or the life of the

23  beneficiary of a special needs trust under the beneficiary Social Security

24  adjustment option as provided in KRS 61.635(9) that is the actuarial

25  equivalent to the amount computed under paragraph (a) of this subsection;

26  (c) A monthly benefit payable for a period of sixty (60) months that is the

27  actuarial equivalent to the amount computed under paragraph (a) of this

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    UNOFFICIAL COPY                                              26 RS SB 85/GA

1   subsection;

2   (d) A monthly benefit payable for a period of one hundred twenty (120) months

3   that is the actuarial equivalent to the amount computed under paragraph (a) of

4   this subsection;

5   (e) If the member began participating in the system prior to January 1, 2014, a

6   monthly benefit payable for:

7   1. Sixty (60) months certain;

8   2. One hundred twenty (120) months certain;

9   3. The actuarial equivalent refund; or

10  4. The Social Security adjustment option;

11  that is equivalent to the benefit the member would have been entitled to

12  receive based on his or her years of service and final compensation at the date

13  of his or her death reduced by the survivorship fifty percent (50%) factor as

14  provided for in KRS 61.635(4), then reduced by fifty percent (50%), and that

15  is the actuarial equivalent to the amount computed under paragraph (a) of this

16  subsection; or

17  (f) The higher of a refund of the member's accumulated account balance and

18  interest as described in KRS 61.625(1) or a one (1) time lump-sum payment

19  which shall be the actuarial equivalent of the amount payable under paragraph

20  (a) of this subsection for a period of sixty (60) months.

21 (3) If the beneficiary eligible for benefits as provided in subsection (1) of this section

22  are multiple beneficiaries or a trust, other than a special needs trust, then the

23  multiple beneficiaries by consensus or the trustee may elect to receive the actuarial

24  equivalent amounts payable under subsection (2)(c), (d), (e), or (f) of this section

25  using the assumption that the beneficiary's age is the same as the member's age.

26 (4) If the beneficiary eligible for benefits as provided in subsection (1) of this section is

27  the member's estate, then the beneficiary shall receive the higher of a refund of the

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    UNOFFICIAL COPY                                                        26 RS SB 85/GA

1   member's accumulated account balance and interest as described in KRS 61.625(1)

2   or the one (1) time lump-sum payment payable under subsection (2)(f) of this

3   section, using the assumption that the beneficiary's age is the same as the member's

4   age.

5 (5) Payments of taxable distributions made pursuant to this section shall be subject to

6   state and federal tax as appropriate.

7   Section 3. KRS 61.510 is amended to read as follows:

8 As used in KRS 61.510 to 61.705, unless the context otherwise requires:

9 (1) "System" means the Kentucky Employees Retirement System created by KRS

10  61.510 to 61.705;

11 (2) "Board" means the board of trustees of the system as provided in KRS 61.645;

12 (3) "Department" means any state department or board or agency participating in the

13  system in accordance with appropriate executive order, as provided in KRS 61.520.

14  For purposes of KRS 61.510 to 61.705, the members, officers, and employees of the

15  General Assembly and any other body, entity, or instrumentality designated by

16  executive order by the Governor, shall be deemed to be a department,

17  notwithstanding whether said body, entity, or instrumentality is an integral part of

18  state government;

19 (4) "Examiner" means the medical examiners as provided in KRS 61.665;

20 (5) "Employee" means the members, officers, and employees of the General Assembly

21  and every regular full-time, appointed or elective officer or employee of a

22  participating department, including the Department of Military Affairs. The term

23  does not include persons engaged as independent contractors, seasonal, emergency,

24  temporary, interim, and part-time workers. In case of any doubt, the board shall

25  determine if a person is an employee within the meaning of KRS 61.510 to 61.705;

26 (6) "Employer" means a department or any authority of a department having the power

27  to appoint or select an employee in the department, including the Senate and the

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    UNOFFICIAL COPY                                                26 RS SB 85/GA

1   House of Representatives, or any other entity, the employees of which are eligible

2   for membership in the system pursuant to KRS 61.525;

3 (7) "State" means the Commonwealth of Kentucky;

4 (8) "Member" means any employee who is included in the membership of the system

5   or any former employee whose membership has not been terminated under KRS

6   61.535;

7 (9) "Service" means the total of current service and prior service as defined in this

8   section;

9 (10) "Current service" means the number of years and months of employment as an

10  employee, on and after July 1, 1956, except that for members, officers, and

11  employees of the General Assembly this date shall be January 1, 1960, for which

12  creditable compensation is paid and employee contributions deducted, except as

13  otherwise provided, and each member, officer, and employee of the General

14  Assembly shall be credited with a month of current service for each month he or

15  she serves in the position;

16 (11) "Prior service" means the number of years and completed months, expressed as a

17  fraction of a year, of employment as an employee, prior to July 1, 1956, for which

18  creditable compensation was paid; except that for members, officers, and

19  employees of the General Assembly, this date shall be January 1, 1960. An

20  employee shall be credited with one (1) month of prior service only in those months

21  he or she received compensation for at least one hundred (100) hours of work;

22  provided, however, that each member, officer, and employee of the General

23  Assembly shall be credited with a month of prior service for each month he or she

24  served in the position prior to January 1, 1960. Twelve (12) months of current

25  service in the system are required to validate prior service;

26 (12) "Accumulated contributions" at any time means the sum of all amounts deducted

27  from the compensation of a member and credited to his or her individual account in

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    UNOFFICIAL COPY                                              26 RS SB 85/GA

1   the members' account, including employee contributions picked up after August 1,

2   1982, pursuant to KRS 61.560(4), together with interest credited, on such amounts

3   and any other amounts the member shall have contributed thereto, including interest

4   credited thereon. For members who begin participating on or after September 1,

5   2008, "accumulated contributions" shall not include employee contributions that are

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

7   funds established in KRS 16.510 and 61.515, as prescribed by KRS 61.702(3)(b);

8 (13) "Creditable compensation":

9   (a) Means all salary, wages, tips to the extent the tips are reported for income tax

10  purposes, and fees, including payments for compensatory time, paid to the

11  employee as a result of services performed for the employer or for time during

12  which the member is on paid leave, which are includable on the member's

13  federal form W-2 wage and tax statement under the heading "wages, tips,

14  other compensation," including employee contributions picked up after

15  August 1, 1982, pursuant to KRS 61.560(4). For members of the General

16  Assembly, it shall mean all amounts which are includable on the member's

17  federal form W-2 wage and tax statement under the heading "wages, tips,

18  other compensation," including employee contributions picked up after

19  August 1, 1982, pursuant to KRS 6.505(4) or 61.560(4);

20  (b) Includes:

21  1. Lump-sum bonuses, severance pay, or employer-provided payments for

22  purchase of service credit, which shall be averaged over the employee's

23  total service with the system in which it is recorded if it is equal to or

24  greater than one thousand dollars ($1,000);

25  2. Cases where compensation includes maintenance and other perquisites,

26  but the board shall fix the value of that part of the compensation not paid

27  in money;

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    UNOFFICIAL COPY                                              26 RS SB 85/GA

1   3. Lump-sum payments for creditable compensation paid as a result of an

2   order of a court of competent jurisdiction, the Personnel Board, or the

3   Kentucky Commission on Human Rights, or for any creditable

4   compensation paid in anticipation of settlement of an action before a

5   court of competent jurisdiction, the Personnel Board, or the Kentucky

6   Commission on Human Rights, including notices of violations of state

7   or federal wage and hour statutes or violations of state or federal

8   discrimination statutes, which shall be credited to the fiscal year during

9   which the wages were earned or should have been paid by the employer.

10  This subparagraph shall also include lump-sum payments for reinstated

11  wages pursuant to KRS 61.569, which shall be credited to the period

12  during which the wages were earned or should have been paid by the

13  employer;

14  4. Amounts which are not includable in the member's gross income by

15  virtue of the member having taken a voluntary salary reduction provided

16  for under applicable provisions of the Internal Revenue Code; and

17  5. Elective amounts for qualified transportation fringes paid or made

18  available on or after January 1, 2001, for calendar years on or after

19  January 1, 2001, that are not includable in the gross income of the

20  employee by reason of 26 U.S.C. sec. 132(f)(4); and

21  (c) Excludes:

22  1. Living allowances, expense reimbursements, lump-sum payments for

23  accrued vacation leave, and other items determined by the board;

24  2. For employees who begin participating on or after September 1, 2008,

25  lump-sum payments for compensatory time;

26  3. For employees who begin participating on or after August 1, 2016,

27  nominal fees paid for services as a volunteer; and

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1   4. Any salary or wages paid to an employee for services as a Kentucky

2   State Police school resource officer as defined by KRS 158.441;

3 (14) "Final compensation" of a member means:

4   (a) For a member who begins participating before September 1, 2008, who is

5   employed in a nonhazardous position, the creditable compensation of the

6   member during the five (5) fiscal years he or she was paid at the highest

7   average monthly rate divided by the number of months of service credit

8   during that five (5) year period multiplied by twelve (12). The five (5) years

9   may be fractional and need not be consecutive. If the number of months of

10  service credit during the five (5) year period is less than forty-eight (48), one

11  (1) or more additional fiscal years shall be used;

12  (b) For a member who is employed in a nonhazardous position, whose effective

13  retirement date is between August 1, 2001, and January 1, 2009, and whose

14  total service credit is at least twenty-seven (27) years and whose age and years

15  of service total at least seventy-five (75), final compensation means the

16  creditable compensation of the member during the three (3) fiscal years the

17  member was paid at the highest average monthly rate divided by the number

18  of months of service credit during that three (3) years period multiplied by

19  twelve (12). The three (3) years may be fractional and need not be

20  consecutive. If the number of months of service credit during the three (3)

21  year period is less than twenty-four (24), one (1) or more additional fiscal

22  years shall be used. Notwithstanding the provision of KRS 61.565, the

23  funding for this paragraph shall be provided from existing funds of the

24  retirement allowance;

25  (c) For a member who begins participating before September 1, 2008, who is

26  employed in a hazardous position, as provided in KRS 61.592, the creditable

27  compensation of the member during the three (3) fiscal years he or she was

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1   paid at the highest average monthly rate divided by the number of months of

2   service credit during that three (3) year period multiplied by twelve (12). The

3   three (3) years may be fractional and need not be consecutive. If the number

4   of months of service credit during the three (3) year period is less than twenty-

5   four (24), one (1) or more additional fiscal years shall be used;

6   (d) For a member who begins participating on or after September 1, 2008, but

7   prior to January 1, 2014, who is employed in a nonhazardous position, the

8   creditable compensation of the member during the five (5) complete fiscal

9   years immediately preceding retirement divided by five (5). Each fiscal year

10  used to determine final compensation must contain twelve (12) months of

11  service credit. If the member does not have five (5) complete fiscal years that

12  each contain twelve (12) months of service credit, then one (1) or more

13  additional fiscal years, which may contain less than twelve (12) months of

14  service credit, shall be added until the number of months in the final

15  compensation calculation is at least sixty (60) months; or

16  (e) For a member who begins participating on or after September 1, 2008, but

17  prior to January 1, 2014, who is employed in a hazardous position as provided

18  in KRS 61.592, the creditable compensation of the member during the three

19  (3) complete fiscal years he or she was paid at the highest average monthly

20  rate divided by three (3). Each fiscal year used to determine final

21  compensation must contain twelve (12) months of service credit. If the

22  member does not have three (3) complete fiscal years that each contain twelve

23  (12) months of service credit, then one (1) or more additional fiscal years,

24  which may contain less than twelve (12) months of service credit, shall be

25  added until the number of months in the final compensation calculation is at

26  least thirty-six (36) months;

27 (15) "Final rate of pay" means the actual rate upon which earnings of an employee were

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1   calculated during the twelve (12) month period immediately preceding the

2   member's effective retirement date, including employee contributions picked up

3   after August 1, 1982, pursuant to KRS 61.560(4). The rate shall be certified to the

4   system by the employer and the following equivalents shall be used to convert the

5   rate to an annual rate: two thousand eighty (2,080) hours for eight (8) hour

6   workdays, nineteen hundred fifty (1,950) hours for seven and one-half (7-1/2) hour

7   workdays, two hundred sixty (260) days, fifty-two (52) weeks, twelve (12) months,

8   one (1) year;

9 (16) "Retirement allowance" means the retirement payments to which a member is

10  entitled;

11 (17) "Actuarial equivalent" means a benefit of equal value when computed upon the

12  basis of the actuarial tables that are adopted by the board. In cases of disability

13  retirement, the options authorized by KRS 61.635 shall be computed by adding ten

14  (10) years to the age of the member, unless the member has chosen the Social

15  Security adjustment option as provided for in KRS 61.635(8), in which case the

16  member's actual age shall be used. For members who began participating in the

17  system prior to January 1, 2014, no disability retirement option shall be less than

18  the same option computed under early retirement;

19 (18) "Normal retirement date" means the sixty-fifth birthday of a member, unless

20  otherwise provided in KRS 61.510 to 61.705;

21 (19) "Fiscal year" of the system means the twelve (12) months from July 1 through the

22  following June 30, which shall also be the plan year. The "fiscal year" shall be the

23  limitation year used to determine contribution and benefit limits as established by

24  26 U.S.C. sec. 415;

25 (20) "Officers and employees of the General Assembly" means the occupants of those

26  positions enumerated in KRS 6.150. The term shall also apply to assistants who

27  were employed by the General Assembly for at least one (1) regular legislative

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1   session prior to July 13, 2004, who elect to participate in the retirement system, and

2   who serve for at least six (6) regular legislative sessions. Assistants hired after July

3   13, 2004, shall be designated as interim employees;

4 (21) "Regular full-time positions," as used in subsection (5) of this section, shall mean

5   all positions that average one hundred (100) or more hours per month determined

6   by using the number of months actually worked within a calendar or fiscal year,

7   including all positions except:

8   (a) Seasonal positions, which although temporary in duration, are positions which

9   coincide in duration with a particular season or seasons of the year and which

10  may recur regularly from year to year, the period of time shall not exceed nine

11  (9) months;

12  (b) Emergency positions which are positions utilized by the employer during:

13  1. An emergency as determined by the employer for a period not

14       exceeding thirty (30) working days and are nonrenewable; or

15  2. A state of emergency declared by the President of the United States or

16       the Governor of the Commonwealth of Kentucky that are created or

17       filled specifically for addressing the employer's needs during and as a

18       result of the declared emergency;

19  (c) Temporary positions which are positions of employment with a participating

20  department for a period of time not to exceed nine (9) months and are

21  nonrenewable;

22  (d) Part-time positions which are positions which may be permanent in duration,

23  but which require less than a calendar or fiscal year average of one hundred

24  (100) hours of work per month, determined by using the number of months

25  actually worked within a calendar or fiscal year, in the performance of duty;

26  and

27  (e) Interim positions which are positions established for a one-time or recurring

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1   need not to exceed nine (9) months;

2 (22) "Vested" for purposes of determining eligibility for purchasing service credit under

3   KRS 61.552 means the employee has at least forty-eight (48) months of service if

4   age sixty-five (65) or older or at least sixty (60) months of service if under the age

5   of sixty-five (65). For purposes of this subsection, "service" means service in the

6   systems administered by the Kentucky Retirement Systems and County Employees

7   Retirement System;

8 (23) "Parted employer" means a department, portion of a department, board, or agency,

9   such as Outwood Hospital and School, which previously participated in the system,

10  but due to lease or other contractual arrangement is now operated by a publicly held

11  corporation or other similar organization, and therefore is no longer participating in

12  the system. The term "parted employer" shall not include a department, board, or

13  agency that ceased participation in the system pursuant to KRS 61.522;

14 (24) "Retired member" means any former member receiving a retirement allowance or

15  any former member who has filed the necessary documents for retirement benefits

16  and is no longer contributing to the retirement system;

17 (25) "Current rate of pay" means the member's actual hourly, daily, weekly, biweekly,

18  monthly, or yearly rate of pay converted to an annual rate as defined in final rate of

19  pay. The rate shall be certified by the employer;

20 (26) "Beneficiary" means the person or persons,[ or] estate,[ or] trust, special needs

21  trust, or trustee designated by the member in accordance with KRS 61.542 or

22  61.705 to receive any available benefits in the event of the member's death. As used

23  in KRS 61.702, "beneficiary" does not mean an estate, trust, or trustee;

24 (27) "Recipient" means the retired member or the person or persons designated as

25  beneficiary by the member and drawing a retirement allowance as a result of the

26  member's death or a dependent child drawing a retirement allowance. An alternate

27  payee of a qualified domestic relations order shall not be considered a recipient,

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1   except for purposes of KRS 61.623;

2 (28) "Level percentage of payroll amortization method" means a method of determining

3   the annual amortization payment on the unfunded actuarial accrued liability as

4   expressed as a percentage of payroll over a set period of years but that may be

5   converted to a dollar value for purposes of KRS 61.565(1)(d). Under this method,

6   the percentage of payroll shall be projected to remain constant for all years

7   remaining in the set period of time and the unfunded actuarially accrued liability

8   shall be projected to be fully amortized at the conclusion of the set period of years;

9 (29) "Increment" means twelve (12) months of service credit which are purchased. The

10  twelve (12) months need not be consecutive. The final increment may be less than

11  twelve (12) months;

12 (30) "Person" means a natural person;

13 (31) "Retirement office" means the Kentucky Public Pensions Authority's office

14  building in Frankfort, unless otherwise designated by the Kentucky Public Pensions

15  Authority;

16 (32) "Last day of paid employment" means the last date employer and employee

17  contributions are required to be reported in accordance with KRS 16.543, 61.543, or

18  78.615 to the retirement office in order for the employee to receive current service

19  credit for the month. Last day of paid employment does not mean a date the

20  employee receives payment for accrued leave, whether by lump sum or otherwise,

21  if that date occurs twenty-four (24) or more months after previous contributions;

22 (33) "Objective medical evidence" means reports of examinations or treatments; medical

23  signs which are anatomical, physiological, or psychological abnormalities that can

24  be observed; psychiatric signs which are medically demonstrable phenomena

25  indicating specific abnormalities of behavior, affect, thought, memory, orientation,

26  or contact with reality; or laboratory findings which are anatomical, physiological,

27  or psychological phenomena that can be shown by medically acceptable laboratory

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    UNOFFICIAL COPY                                                 26 RS SB 85/GA

1   diagnostic techniques, including but not limited to chemical tests,

2   electrocardiograms, electroencephalograms, X-rays, and psychological tests;

3 (34) "Participating" means an employee is currently earning service credit in the system

4   as provided in KRS 61.543;

5 (35) "Month" means a calendar month;

6 (36) "Membership date" means:

7   (a) The date upon which the member began participating in the system as

8   provided in KRS 61.543;

9   (b) For a member electing to participate in the system pursuant to KRS

10  196.167(4) or 311A.022(2) who has not previously participated in the system

11  or the Kentucky Teachers' Retirement System, the date the member began

12  participating in a defined contribution plan that meets the requirements of 26

13  U.S.C. sec. 403(b);

14  (c) For members bound by an educational contract as a conditional employee to

15  the state of Kentucky prior to December 31, 2003, the date on which the

16  educational contract became effective; or

17  (d) For a member participating in the system pursuant to KRS 31.045, the earlier

18  of the date upon which the member began participating in the system under

19  paragraph (a) of this subsection or the date the member began employment

20  with the Louisville and Jefferson County Public Defender Corporation;

21 (37) "Participant" means a member, as defined by subsection (8) of this section, or a

22  retired member, as defined by subsection (24) of this section;

23 (38) "Qualified domestic relations order" means any judgment, decree, or order,

24  including approval of a property settlement agreement, that:

25  (a) Is issued by a court or administrative agency; and

26  (b) Relates to the provision of child support, alimony payments, or marital

27  property rights to an alternate payee;

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1 (39) "Alternate payee" means a spouse, former spouse, child, or other dependent of a

2   participant, who is designated to be paid retirement benefits in a qualified domestic

3   relations order;

4 (40) "Accumulated employer credit" mean the employer pay credit deposited to the

5   member's account and interest credited on such amounts as provided by KRS

6   16.583 and 61.597;

7 (41) "Accumulated account balance" means:

8   (a) For members who began participating in the system prior to January 1, 2014,

9   the member's accumulated contributions; or

10  (b) For members who began participating in the system on or after January 1,

11  2014, in the hybrid cash balance plan as provided by KRS 16.583 and 61.597,

12  the combined sum of the member's accumulated contributions and the

13  member's accumulated employer credit;

14 (42) "Volunteer" means an individual who:

15  (a) Freely and without pressure or coercion performs hours of service for an

16  employer participating in one (1) of the systems administered by Kentucky

17  Retirement Systems without receipt of compensation for services rendered,

18  except for reimbursement of actual expenses, payment of a nominal fee to

19  offset the costs of performing the voluntary services, or both; and

20  (b) If a retired member, does not become an employee, leased employee, or

21  independent contractor of the employer for which he or she is performing

22  volunteer services for a period of at least twelve (12) months following the

23  retired member's most recent retirement date;

24 (43) "Nominal fee" means compensation earned for services as a volunteer that does not

25  exceed five hundred dollars ($500) per month with each participating employer.

26  Compensation earned for services as a volunteer from more than one (1)

27  participating employer during a month shall not be aggregated to determine whether

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1   the compensation exceeds the five hundred dollars ($500) per month maximum

2   provided by this subsection;

3 (44) "Nonhazardous position" means a position that does not meet the requirements of

4   KRS 61.592 or has not been approved by the board as a hazardous position;

5 (45) "Monthly average pay" means:

6   (a) In the case of a member who dies as a direct result of an act in line of duty as

7   defined in KRS 16.505 or who dies as a result of a duty-related injury as

8   defined in KRS 61.621, the higher of the member's monthly final rate of pay

9   or the average monthly creditable compensation earned by the deceased

10  member during his or her last twelve (12) months of employment; or

11  (b) In the case where a member becomes totally and permanently disabled as a

12  direct result of an act in line of duty as defined in KRS 16.505 or becomes

13  disabled as a result of a duty-related injury as defined in KRS 61.621 and is

14  eligible for the benefits provided by KRS 61.621(5)(a), the higher of the

15  member's monthly final rate of pay or the average monthly creditable

16  compensation earned by the disabled member during his or her last twelve

17  (12) months of employment prior to the date the act in line of duty or duty-

18  related injury occurred;

19 (46) "Authority" means the Kentucky Public Pensions Authority as provided by KRS

20  61.505;

21 (47) "Executive director" means the executive director of the Kentucky Public Pensions

22  Authority;

23 (48) "Instructional staff" means the employees of a state college or university

24  participating under KRS 61.520 who are:

25  (a) Faculty;

26  (b) Staff responsible for teaching; or

27  (c) Other individuals employed in an administrative position that is eligible for

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1   participation in the Teachers' Insurance and Annuity Association (TIAA) of

2   the Teachers' Retirement System;

3 (49) "Agency reporting official" means the person designated by the participating

4   employer who shall be responsible for forwarding all employer and employee

5   contributions and a record of the contributions to the System and for performing

6   other administrative duties pursuant to KRS 61.510 to 61.705;[ and]

7 (50) "Gainful employment" means work in any capacity that is or may be performed

8   with regularity and is or may be usually done for pay, whether pay is received or

9   not received, including seasonal, volunteer, part-time, and on-call work; and

10 (51) "Special needs trust" means a trust described in 42 U.S.C. sec. 1396p(d)(4)(A) or

11  (C) for the benefit of one (1) person. Any reference to a trust includes a special

12  needs trust, unless the context otherwise requires.

13  Section 4. KRS 61.635 is amended to read as follows:

14 (1) Each member shall have the right to elect to have his or her retirement allowance

15  payable under any one (1) of the options set forth in this section in lieu of the

16  retirement allowance otherwise payable to the member upon retirement under any

17  of the provisions of KRS 16.505 to 16.652, 61.510 to 61.705, and 78.510 to 78.852.

18  The amount of any optional retirement allowance shall be actuarially equivalent to

19  the amount of retirement allowance otherwise payable to the member.

20 (2) Survivorship one hundred percent (100%). The member may elect to receive a

21  decreased retirement allowance during his or her lifetime and have the retirement

22  allowance continued after the member's death to his or her beneficiary during the

23  lifetime of the person.

24 (3) Survivorship sixty-six and two-thirds percent (66-2/3%). The member may elect to

25  receive a decreased retirement allowance during his or her lifetime and have two-

26  thirds (2/3) of the retirement allowance continue after the member's death to his or

27  her beneficiary during the lifetime of the person.

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1 (4) Survivorship fifty percent (50%). The member may elect to receive a decreased

2   retirement allowance during his or her lifetime and have one-half (1/2) of the

3   retirement allowance continued after the member's death to his or her beneficiary

4   during the lifetime of the person.

5 (5) Life with ten (10) years certain. The member less than age seventy-six (76) may

6   elect to receive a monthly retirement allowance during his or her lifetime which

7   shall guarantee payments for one hundred twenty (120) months. If the member dies

8   before receiving payments for one hundred twenty (120) months, the member's

9   beneficiary shall receive the remaining payments monthly, for the duration of the

10  one hundred twenty (120) months' period. However, if the trust is designated as

11  beneficiary, the trustee of the trust may elect to receive a lump-sum payment which

12  shall be the actuarial equivalent to the remaining payments, or the trustee may elect

13  to continue the remaining monthly payments to the trust of the member. If the estate

14  is designated as beneficiary, the estate shall receive a lump-sum payment which

15  shall be the actuarial equivalent to the remaining payments.

16 (6) Life with fifteen (15) years certain. The member less than age sixty-eight (68) may

17  elect to receive a monthly retirement allowance during his or her lifetime which

18  shall guarantee payments for one hundred eighty (180) months. If the member dies

19  before receiving payments for one hundred eighty (180) months, the member's

20  beneficiary shall receive the remaining payments monthly for the duration of the

21  one hundred eighty (180) months' period. However, if the trust is designated as

22  beneficiary, the trustee of the trust may elect to receive a lump-sum payment which

23  shall be the actuarial equivalent to the remaining payments, or the trustee may elect

24  to continue the remaining payments to the trust of the member. If the estate is

25  designated as beneficiary, the estate shall receive a lump-sum payment which shall

26  be the actuarial equivalent to the remaining payments.

27 (7) Life with twenty (20) years certain. The member less than age sixty-two (62) may

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1   elect to receive a monthly retirement allowance during his or her lifetime which

2   shall guarantee payments for two hundred forty (240) months. If the member dies

3   before receiving payments for two hundred forty (240) months, the member's

4   beneficiary shall receive the remaining payments for the duration of the two

5   hundred forty (240) months period. However, if the trust is beneficiary, the trustee

6   of the trust may elect to receive a lump-sum payment which shall be the actuarial

7   equivalent to the remaining payments, or the trustee may elect to continue the

8   remaining payments to the trust of the member. If the estate is designated as

9   beneficiary, the estate shall receive a lump-sum payment which shall be the

10  actuarial equivalent to the remaining payments.

11 (8) Social Security adjustment options. These options shall be available to any member

12  who has not attained age sixty-two (62) as follows:

13  (a) No survivor rights. The member may elect to receive an increased retirement

14  allowance from his or her effective retirement date through the month he or

15  she attains age sixty-two (62) at which time his or her retirement allowance

16  shall be decreased for the remainder of his or her lifetime;

17  (b) Survivor rights. The member may elect to receive an increased retirement

18  allowance from his or her effective retirement date through the month he or

19  she attains age sixty-two (62) based on the option payable under subsection

20  (2) of this section, if the retirement allowance shall be decreased in the month

21  following the month he or she attains age sixty-two (62), or the month

22  following the month he or she would have attained age sixty-two (62), in

23  event of the member's death, and have the retirement allowance continue after

24  the member's death to his or her beneficiary during the lifetime of the person.

25 (9) Beneficiary Social Security adjustment option. This option is available to the

26  beneficiary of a deceased member if the beneficiary, who is a person, has not

27  attained age sixty (60), and is eligible to receive Social Security payments at age

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1   sixty (60). The beneficiary may elect to receive during his or her lifetime an

2   increased retirement allowance based on his or her annual benefit payable for life.

3   The payment shall begin on his or her effective retirement date and continue

4   through the month he or she attains age sixty (60) at which time his or her

5   retirement allowance shall be decreased for the remainder of his or her lifetime.

6 (10) Pop-up option. The member may elect to receive a decreased retirement allowance

7   during his or her lifetime and have the retirement allowance continued after the

8   member's death to his or her beneficiary during the lifetime of the person. If the

9   beneficiary dies prior to the member, or if the beneficiary is the member's spouse

10  and they divorce, the member's retirement allowance shall increase to the amount

11  that would have been payable as a single life annuity.

12 (11) Actuarial equivalent refund. A member who began participating in the system prior

13  to January 1, 2014, may elect to receive a one (1) time lump-sum payment which

14  shall be the actuarial equivalent of the amount payable for a period of sixty (60)

15  months under KRS 61.595[ ](1).

16 (12) Partial lump-sum option.

17  (a) No survivor rights. A member may elect to receive a one-time lump-sum

18  payment equal to twelve (12), twenty-four (24), thirty-six (36), forty-eight

19  (48), or sixty (60) monthly retirement allowances payable under the

20  applicable retirement formula for the system and receive a reduced monthly

21  retirement allowance payable for his or her lifetime. The lump-sum payment

22  shall be paid in the month the first monthly retirement allowance is payable.

23  (b) Survivor rights. A member may elect to receive a one-time lump-sum

24  payment equal to twelve (12), twenty-four (24), thirty-six (36), forty-eight

25  (48), or sixty (60) monthly retirement allowances payable under subsection

26  (2) of this section and receive a reduced monthly retirement allowance

27  payable for his or her lifetime. The lump-sum payment shall be paid in the

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1   month the first monthly retirement allowance is payable. The reduced

2   retirement allowance shall be continued after the member's death to his or her

3   beneficiary during the lifetime of the person.

4   (c) In order to explain the partial lump-sum option to members, the Authority

5   shall:

6   1. Provide, for all retirement estimates that include the partial lump-sum

7           option, including estimates calculated by a member using an automatic

8           estimator available on the Authority's website, the additional months of

9           service a member would have to be employed in order to recoup the

10          actuarial reduction in his or her monthly retirement allowance from

11          selecting a partial lump-sum option at each payment level; and

12  2. Prepare and make available to all members and participating employers

13          in the form of a paper or electronic pamphlet or booklet a summary of

14          the partial lump-sum option, written in a manner that can be understood

15          by the average member and sufficiently accurate and comprehensive to

16          reasonably apprise them of the benefits and potential consequences,

17          including federal tax consequences, of taking a partial lump-sum option.

18 (13) The other provisions of this section notwithstanding, the beneficiary of a retired

19  member of the General Assembly shall, after the member's death, receive sixty-six

20  and two-thirds percent (66-2/3%) of the member's retirement allowance during his

21  or her lifetime if the member of the General Assembly began participating in the

22  system prior to January 1, 2014, and has elected this option and has made

23  contributions in accordance with subsection (14) of this section and of KRS 61.560.

24  The retirement allowance of the retired member of the General Assembly shall not

25  be actuarially reduced to provide for this survivor benefit.

26 (14) A member of the General Assembly who began participating in the system prior to

27  January 1, 2014, who wishes to obtain the survivorship option specified in

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    UNOFFICIAL COPY                                                        26 RS SB 85/GA

1   subsection (13) of this section shall so notify the Kentucky Public Pensions

2   Authority:

3   (a) Within thirty (30) days after first becoming a member of the General

4   Assembly if he or she is not a member of the General Assembly on July 15,

5   1980; or

6   (b) Within thirty (30) days after July 15, 1980, if he or she is a member of the

7   General Assembly on July 15, 1980.

8 (15) The system shall forward to members of the General Assembly a form on which a

9   member who began participating in the system prior to January 1, 2014, may elect

10  the option provided for in subsections (13) and (14) of this section.

11 (16) (a) The options described in subsections (2), (3), (4), (8)(b), (10), (12)(b), and

12  (13) of this section shall be extended to the member only if the designated

13  beneficiary is a person or a special needs trust.

14  (b) If the beneficiary is a special needs trust, the following shall apply:

15  1. The age of the beneficiary of the special needs trust shall be used to

16              determine the relevant actuarial factors;

17  2. Upon the death of the retired member or beneficiary, the trustee of

18              that trust shall notify the authority of the death of the retired member

19              or beneficiary;

20  3. Any retirement allowance payments made to a special needs trust that

21              are not properly payable to the special needs trust shall be returned to

22              the authority and shall not be subject to claims for reimbursement

23              from any state for Medicaid benefits paid on behalf of the beneficiary

24              of the special needs trust under any Medicaid payback provision; and

25  4. The authority may promulgate administrative regulations in

26              accordance with KRS Chapter 13A to administer this subsection.

27  Section 5. KRS 61.640 is amended to read as follows:

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1 (1) If a member dies prior to the first day of the month in which the member would

2   have received his or her first retirement allowance, the member's beneficiary shall

3   be eligible for the benefits provided by this section if the member had on file a

4   written designation of a beneficiary with the retirement office as provided by KRS

5   61.542 and the member met the following conditions at the date of his or her death:

6   (a) The member was eligible to retire under KRS 61.559(2) or (3), 61.5956(5)(a)

7   or (b), or 61.597(6)(a) or (b);

8   (b) The member was in active employment or on authorized leave of absence

9   with five (5) or more years of service credit and died prior to his or her normal

10  retirement date or was normal retirement age or older and had at least four (4)

11  years of service credit; or

12  (c) The member was not in active employment or on authorized leave of absence

13  with twelve (12) or more years of service credit and died prior to his or her

14  normal retirement date.

15 (2) If the beneficiary eligible for benefits as provided in subsection (1) of this section is

16  a single person or is a special needs trust, then the beneficiary may elect to receive:

17  (a) A monthly benefit payable for the life of the beneficiary or the life of the

18  beneficiary of the special needs trust that is equal to the benefit that would

19  have been paid had the member retired immediately prior to his or her date of

20  death and elected to receive benefits payable under the survivorship one

21  hundred percent (100%) option as provided in KRS 61.635(2);

22  (b) A monthly benefit payable for the life of the beneficiary or the life of the

23  beneficiary of the special needs trust under the beneficiary Social Security

24  adjustment option as provided in KRS 61.635(9) that is the actuarial

25  equivalent to the amount computed under paragraph (a) of this subsection;

26  (c) A monthly benefit payable for a period of sixty (60) months that is the

27  actuarial equivalent to the amount computed under paragraph (a) of this

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1   subsection;

2   (d) A monthly benefit payable for a period of one hundred twenty (120) months

3   that is the actuarial equivalent to the amount computed under paragraph (a) of

4   this subsection;

5   (e) If the member began participating in the system prior to January 1, 2014, a

6   monthly benefit payable for:

7   1. Sixty (60) months certain;

8   2. One hundred twenty (120) months certain;

9   3. The actuarial equivalent refund; or

10  4. The Social Security adjustment option;

11  that is equivalent to the benefit the member would have been entitled to

12  receive based on his or her years of service and final compensation at the date

13  of his or her death reduced by the survivorship fifty percent (50%) factor as

14  provided for in KRS 61.635(4), then reduced by fifty percent (50%), and that

15  is the actuarial equivalent to the amount computed under paragraph (a) of this

16  subsection; or

17  (f) The higher of a refund of the member's accumulated account balance as

18  described in KRS 61.625(1) or one (1) time lump-sum payment which shall

19  be the actuarial equivalent of the amount payable under paragraph (a) of this

20  subsection for a period of sixty (60) months.

21 (3) If the beneficiary eligible for benefits as provided by subsection (1) of this section

22  are multiple beneficiaries or a trust, other than a special needs trust, then the

23  multiple beneficiaries by consensus or the trustee may elect to receive the actuarial

24  equivalent amounts payable under subsection (2)(c), (d), (e), or (f) of this section

25  using the assumption that the beneficiary's age is the same as the member's age.

26 (4) If the beneficiary eligible for benefits as provided in subsection (1) of this section is

27  the member's estate, then the beneficiary shall receive the higher of a refund of the

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1   member's accumulated account balance as described in KRS 61.625(1) or the one

2   (1) time lump-sum payment payable under subsection (2)(f) of this section, using

3   the assumption that the beneficiary's age is the same as the member's age.

4 (5) Payments of taxable distributions made pursuant to this section shall be subject to

5   state and federal income tax as appropriate.

6   Section 6. KRS 61.690 is amended to read as follows:

7 (1) (a) Except as otherwise provided by this section and KRS 61.705(4), all

8   retirement allowances and other benefits accrued or accruing to any person

9   under the provisions of KRS 61.510 to 61.705, 16.505 to 16.652, and 78.510

10  to 78.852, and the accumulated account balance and cash securities in the

11  funds created under KRS 61.510 to 61.705, 16.505 to 16.652, and 78.510 to

12  78.852, are hereby exempt from any state, county, or municipal tax, and shall

13  not be subject to execution, attachment, garnishment, or any other process,

14  and shall not be assigned.

15  (b) A recipient or their legal representative may direct that the recipient's

16  retirement benefits be paid to a trust that permits the recipient unrestricted

17  access to the amounts held in the trust or if the trust is for the sole benefit of

18  the recipient. The recipient's direction is not an assignment or transfer of

19  benefits.

20 (2) Notwithstanding the provisions of subsection (1) of this section, retirement benefits

21  accrued or accruing to any person under the provisions of KRS 61.510 to 61.705,

22  16.505 to 16.652, and 78.510 to 78.852 on or after January 1, 1998, shall be subject

23  to the tax imposed by KRS 141.020, to the extent provided in KRS 141.010 and

24  141.0215.

25 (3) Qualified domestic relations orders issued by a court or administrative agency shall

26  be honored by the retirement system if:

27  (a) The benefits payable pursuant to the order meet the requirements of a

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1   qualified domestic relations order as provided by 26 U.S.C. sec. 414(p). The

2   retirement system shall follow applicable provisions of 26 U.S.C. sec. 414(p)

3   in administering qualified domestic relations orders;

4   (b) The order meets the requirements established by the retirement system and by

5   subsections (3) to (11) of this section. The board of trustees of the retirement

6   system shall establish the requirements, procedures, and forms necessary for

7   the administration of qualified domestic relations orders by promulgation of

8   administrative regulations in accordance with KRS Chapter 13A; and

9   (c) The order is on the form established by the retirement system pursuant to the

10  retirement system's authority provided under paragraph (3)(b) of this

11  subsection.

12 (4) A qualified domestic relations order shall not:

13  (a) Require the retirement system to take any action not authorized under state or

14  federal law;

15  (b) Require the retirement system to provide any benefit, allowance, or other

16  payment not authorized under state or federal law;

17  (c) Grant or be construed to grant the alternate payee any separate right, title, or

18  interest in or to any retirement benefit other than to receive payments from the

19  participant's account in accordance with the administrative regulations

20  promulgated by the retirement system and as provided by subsections (3) to

21  (11) of this section; or

22  (d) Grant any separate interest to any person other than the participant.

23 (5) Any qualified domestic relations order submitted to the retirement system shall

24  specify the dollar amount or percentage amount of the participant's benefit to be

25  paid to the alternate payee. In calculating the amount to be paid to the alternate

26  payee, the court or administrative agency that is responsible for issuing the order

27  shall follow the requirements set forth in the administrative regulations promulgated

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1   by the board of trustees. Notwithstanding any other statute to the contrary, the

2   board shall not be required to honor a qualified domestic relations order that does

3   not follow the requirements set forth in the administrative regulations promulgated

4   by the board of trustees.

5 (6) If the qualified domestic relations order meets the requirements established by the

6   system and by subsections (3) to (11) of this section, payments to the alternate

7   payee shall begin under the following conditions:

8   (a) If the participant is retired and is receiving a monthly retirement allowance,

9   the month following the date the retirement system receives a qualified

10  domestic relations order that complies with the administrative regulations

11  promulgated by the retirement system and subsections (3) to (11) of this

12  section; or

13  (b) If the participant is not retired, the month of the participant's effective

14  retirement date in which the first retirement allowance is payable to the

15  participant or the month in which the participant receives a refund of his or

16  her accumulated account balance as provided by KRS 61.625.

17 (7) An alternate payee's benefits and rights under a qualified domestic relations order

18  shall terminate upon the earlier of:

19  (a) The death of the participant;

20  (b) The death of the alternate payee; or

21  (c) The termination of the participant's benefits under any of the provisions of

22  KRS 16.505 to 16.652, 61.510 to 61.705, and 78.510 to 78.852.

23 (8) An alternate payee shall not receive a monthly payment under a qualified domestic

24  relations order if the participant is not receiving a monthly retirement allowance.

25 (9) The cost of living adjustment provided to the participant pursuant to KRS 61.691 or

26  78.5518 shall be divided between the participant and alternate payee in a qualified

27  domestic relations order as follows:

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    UNOFFICIAL COPY                                                   26 RS SB 85/GA

1   (a) If the order specifies the alternate payee is to receive a percentage of the

2   participant's benefit, then the cost of living adjustment shall be divided

3   between the participant and the alternate payee based upon the percentage of

4   the total benefit each is receiving upon the participant's retirement or upon the

5   date the order is approved by the retirement system, whichever is later; or

6   (b) If the order specifies that the alternate payee is to receive a set dollar amount

7   of the participant's benefit, then the order shall specify that:

8   1. The cost of living adjustment shall be divided between the participant

9   and the alternate payee based upon the percentage of the total benefit

10  each is receiving upon the participant's retirement or upon the date the

11  order is approved by the retirement system, whichever is later; or

12  2. The alternate payee shall receive no cost of living adjustment.

13  If the order does not specify the division of the cost of living adjustment as

14  required by this paragraph, then no cost of living adjustment shall be payable

15  to the alternate payee. If no cost of living adjustment is provided to the

16  alternate payee, then the participant shall receive the full cost of living

17  adjustment he or she would have received if the order had not been applied to

18  the participant's account.

19 (10) Except in cases involving child support payments, the retirement system may

20  charge reasonable and necessary fees and expenses to the recipient and the alternate

21  payee of a qualified domestic relations order for the administration of the qualified

22  domestic relations order by the retirement system. All fees and expenses shall be

23  established by administrative regulations promulgated by the board of trustees of

24  the retirement system. The qualified domestic relations order shall specify whether

25  the fees and expenses provided by this subsection shall be paid:

26  (a) Solely by the participant;

27  (b) Solely by the alternate payee; or

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1   (c) Equally shared by the participant and alternate payee.

2 (11) The retirement system shall honor a qualified domestic relations order issued prior

3   to July 15, 2010, if:

4   (a) The order was on file and approved by the retirement system prior to July 15,

5   2010. All benefits, including cost of living adjustments payable to the

6   alternate payee, for orders that meet the requirements of this paragraph shall

7   not be eliminated or reduced as a result of the provisions of subsections (3) to

8   (10) of this section and KRS 61.510(27) and 78.510(26); or

9   (b) The order or an amended version of the order meets the requirements

10  established by this section and the administrative regulations promulgated by

11  the retirement system. The order shall not apply to benefit payments issued by

12  the retirement system prior to the date the order was approved by the

13  retirement system.

14  Section 7. KRS 78.510 is amended to read as follows:

15 As used in KRS 78.510 to 78.852, unless the context otherwise requires:

16 (1) "System" means the County Employees Retirement System created by KRS 78.510

17  to 78.852;

18 (2) "Board" means the board of trustees of the system as provided in KRS 78.782;

19 (3) "County" means any county, or nonprofit organization created and governed by a

20  county, counties, or elected county officers, sheriff and his or her employees,

21  county clerk and his or her employees, circuit clerk and his or her deputies, former

22  circuit clerks or former circuit clerk deputies, or political subdivision or

23  instrumentality, including school boards, cities, charter county governments, urban-

24  county governments, consolidated local governments, or unified local governments

25  participating in the system by order appropriate to its governmental structure, as

26  provided in KRS 78.530, and if the board is willing to accept the agency,

27  organization, or corporation, the board being hereby granted the authority to

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1   determine the eligibility of the agency to participate;

2 (4) "School board" means:

3   (a) Any board of education participating in the system by order appropriate to its

4   governmental structure, as provided in KRS 78.530, and if the board is willing

5   to accept the agency or corporation, the board being hereby granted the

6   authority to determine the eligibility of the agency to participate; or

7   (b) A public charter school as defined in KRS 160.1590 if the public charter

8   school satisfies the criteria set by the Internal Revenue Service to participate

9   in a governmental retirement plan;

10 (5) "Examiner" means the medical examiners as provided in KRS 61.665;

11 (6) "Employee" means every regular full-time appointed or elective officer or

12  employee of a participating county and the coroner of a participating county,

13  whether or not he or she qualifies as a regular full-time officer. The term shall not

14  include persons engaged as independent contractors, seasonal, emergency,

15  temporary, and part-time workers. In case of any doubt, the board shall determine if

16  a person is an employee within the meaning of KRS 78.510 to 78.852;

17 (7) "Employer" means a county, as defined in subsection (3) of this section, the elected

18  officials of a county, or any authority of the county having the power to appoint or

19  elect an employee to office or employment in the county;

20 (8) "Member" means any employee who is included in the membership of the system

21  or any former employee whose membership has not ceased under KRS 78.535;

22 (9) "Service" means the total of current service and prior service as defined in this

23  section;

24 (10) "Current service" means the number of years and months of employment as an

25  employee, on and after July 1, 1958, for which creditable compensation is paid and

26  employee contributions deducted, except as otherwise provided;

27 (11) "Prior service" means the number of years and completed months, expressed as a

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1   fraction of a year, of employment as an employee, prior to July 1, 1958, for which

2   creditable compensation was paid. An employee shall be credited with one (1)

3   month of prior service only in those months he or she received compensation for at

4   least one hundred (100) hours of work. Twelve (12) months of current service in the

5   system shall be required to validate prior service;

6 (12) "Accumulated contributions" means the sum of all amounts deducted from the

7   compensation of a member and credited to his or her individual account in the

8   members' account, including employee contributions picked up after August 1,

9   1982, pursuant to KRS 78.610(4), together with interest credited, on the amounts,

10  and any other amounts the member shall have contributed thereto, including interest

11  credited thereon. "Accumulated contributions" shall not include employee

12  contributions that are deposited into accounts established pursuant to 26 U.S.C. sec.

13  401(h) within the fund established in KRS 78.520, as prescribed by KRS

14  78.5536(3)(b);

15 (13) "Creditable compensation":

16  (a) Except as limited by paragraph (c) of this subsection, means all salary, wages,

17  and fees, including payments for compensatory time, paid to the employee as

18  a result of services performed for the employer or for time during which the

19  member is on paid leave, which are includable on the member's federal form

20  W-2 wage and tax statement under the heading "wages, tips, other

21  compensation", including employee contributions picked up after August 1,

22  1982, pursuant to KRS 78.610(4). The creditable compensation of fee officers

23  who receive salary, fees, maintenance, or other perquisites as a result of their

24  official duties is the gross amount received decreased by the cost of salary

25  paid deputies and clerks and the cost of office supplies and other official

26  expenses;

27  (b) Includes:

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1   1. Lump-sum bonuses, severance pay, or employer-provided payments for

2   purchase of service credit, which shall be averaged over the employee's

3   service with the system in which it is recorded if it is equal to or greater

4   than one thousand dollars ($1,000);

5   2. Cases where compensation includes maintenance and other perquisites,

6   but the board shall fix the value of that part of the compensation not paid

7   in money;

8   3. Lump-sum payments for creditable compensation paid as a result of an

9   order of a court of competent jurisdiction, the Personnel Board, or the

10  Kentucky Commission on Human Rights, or for any creditable

11  compensation paid in anticipation of settlement of an action before a

12  court of competent jurisdiction, the Personnel Board, or the Kentucky

13  Commission on Human Rights, including notices of violations of state

14  or federal wage and hour statutes or violations of state or federal

15  discrimination statutes, which shall be credited to the fiscal year during

16  which the wages were earned or should have been paid by the employer.

17  This subparagraph shall also include lump-sum payments for reinstated

18  wages pursuant to KRS 61.569, which shall be credited to the period

19  during which the wages were earned or should have been paid by the

20  employer;

21  4. Amounts which are not includable in the member's gross income by

22  virtue of the member having taken a voluntary salary reduction provided

23  for under applicable provisions of the Internal Revenue Code; and

24  5. Elective amounts for qualified transportation fringes paid or made

25  available on or after January 1, 2001, for calendar years on or after

26  January 1, 2001, that are not includable in the gross income of the

27  employee by reason of 26 U.S.C. sec. 132(f)(4); and

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1   (c) Excludes:

2   1. Living allowances, expense reimbursements, lump-sum payments for

3   accrued vacation leave, sick leave except as provided in KRS 78.616(5),

4   and other items determined by the board;

5   2. For employees who begin participating on or after September 1, 2008,

6   lump-sum payments for compensatory time;

7   3. Training incentive payments for city officers paid as set out in KRS

8   64.5277 to 64.5279;

9   4. For employees who begin participating on or after August 1, 2016,

10  nominal fees paid for services as a volunteer; and

11  5. Any salary or wages paid to an employee for services as a Kentucky

12  State Police school resource officer as defined by KRS 158.441;

13 (14) "Final compensation" means:

14  (a) For a member who begins participating before September 1, 2008, who is

15  employed in a nonhazardous position, the creditable compensation of the

16  member during the five (5) fiscal years he or she was paid at the highest

17  average monthly rate divided by the number of months of service credit

18  during that five (5) year period multiplied by twelve (12). The five (5) years

19  may be fractional and need not be consecutive. If the number of months of

20  service credit during the five (5) year period is less than forty-eight (48), one

21  (1) or more additional fiscal years shall be used;

22  (b) For a member who is employed in a nonhazardous position, whose effective

23  retirement date is between August 1, 2001, and January 1, 2009, and whose

24  total service credit is at least twenty-seven (27) years and whose age and years

25  of service total at least seventy-five (75), final compensation means the

26  creditable compensation of the member during the three (3) fiscal years the

27  member was paid at the highest average monthly rate divided by the number

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1   of months of service credit during that three (3) year period multiplied by

2   twelve (12). The three (3) years may be fractional and need not be

3   consecutive. If the number of months of service credit during the three (3)

4   year period is less than twenty-four (24), one (1) or more additional fiscal

5   years shall be used;

6   (c) For a member who begins participating before September 1, 2008, who is

7   employed in a hazardous position, as provided in KRS 78.5520, the creditable

8   compensation of the member during the three (3) fiscal years he or she was

9   paid at the highest average monthly rate divided by the number of months of

10  service credit during that three (3) year period multiplied by twelve (12). The

11  three (3) years may be fractional and need not be consecutive. If the number

12  of months of service credit during the three (3) year period is less than twenty-

13  four (24), one (1) or more additional fiscal years, which may contain less than

14  twelve (12) months of service credit, shall be used;

15  (d) For a member who begins participating on or after September 1, 2008, but

16  prior to January 1, 2014, who is employed in a nonhazardous position, the

17  creditable compensation of the member during the five (5) complete fiscal

18  years immediately preceding retirement divided by five (5). Each fiscal year

19  used to determine final compensation must contain twelve (12) months of

20  service credit. If the member does not have five (5) complete fiscal years that

21  each contain twelve (12) months of service credit, then one (1) or more

22  additional fiscal years, which may contain less than twelve (12) months of

23  service credit, shall be added until the number of months in the final

24  compensation calculation is at least sixty (60) months; or

25  (e) For a member who begins participating on or after September 1, 2008, but

26  prior to January 1, 2014, who is employed in a hazardous position as provided

27  in KRS 78.5520, the creditable compensation of the member during the three

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1   (3) complete fiscal years he or she was paid at the highest average monthly

2   rate divided by three (3). Each fiscal year used to determine final

3   compensation must contain twelve (12) months of service credit. If the

4   member does not have three (3) complete fiscal years that each contain twelve

5   (12) months of service credit, then one (1) or more additional fiscal years,

6   which may contain less than twelve (12) months of service credit, shall be

7   added until the number of months in the final compensation calculation is at

8   least thirty-six (36) months;

9 (15) "Final rate of pay" means the actual rate upon which earnings of an employee were

10  calculated during the twelve (12) month period immediately preceding the

11  member's effective retirement date, and shall include employee contributions

12  picked up after August 1, 1982, pursuant to KRS 78.610(4). The rate shall be

13  certified to the system by the employer and the following equivalents shall be used

14  to convert the rate to an annual rate: two thousand eighty (2,080) hours for eight (8)

15  hour workdays, one thousand nine hundred fifty (1,950) hours for seven and one-

16  half (7.5) hour workdays, two hundred sixty (260) days, fifty-two (52) weeks,

17  twelve (12) months, one (1) year;

18 (16) "Retirement allowance" means the retirement payments to which a member is

19  entitled;

20 (17) "Actuarial equivalent" means a benefit of equal value when computed upon the

21  basis of the actuarial tables adopted by the board. In cases of disability retirement,

22  the options authorized by KRS 61.635 shall be computed by adding ten (10) years

23  to the age of the member, unless the member has chosen the Social Security

24  adjustment option as provided for in KRS 61.635(8), in which case the member's

25  actual age shall be used. For members who begin participating in the system prior

26  to January 1, 2014, no disability retirement option shall be less than the same option

27  computed under early retirement;

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1 (18) "Normal retirement date", unless otherwise provided in KRS 78.510 to 78.852,

2   means:

3   (a) For a member with service in a nonhazardous position, the sixty-fifth birthday

4   of a member;

5   (b) For a member with service in a hazardous position who begins participating

6   before September 1, 2008, the first day of the month following a member's

7   fifty-fifth birthday; or

8   (c) For a member with service in a hazardous position who begins participating

9   on or after September 1, 2008, the first day of the month following a

10  member's sixtieth birthday;

11 (19) "Fiscal year" of the system means the twelve (12) months from July 1 through the

12  following June 30, which shall also be the plan year. The "fiscal year" shall be the

13  limitation year used to determine contribution and benefits limits as set out in 26

14  U.S.C. sec. 415;

15 (20) "Agency reporting official" means the person designated by the participating

16  employer who shall be responsible for forwarding all employer and employee

17  contributions and a record of the contributions to the system and for performing

18  other administrative duties pursuant to KRS 78.510 to 78.852;

19 (21) "Regular full-time positions," as used in subsection (6) of this section, shall mean

20  all positions that average one hundred (100) or more hours per month, determined

21  by using the number of hours actually worked in a calendar or fiscal year, or eighty

22  (80) or more hours per month in the case of noncertified employees of school

23  boards, determined by using the number of hours actually worked in a calendar or

24  school year, unless otherwise specified, except:

25  (a) Seasonal positions, which although temporary in duration, are positions which

26  coincide in duration with a particular season or seasons of the year and that

27  may recur regularly from year to year, in which case the period of time shall

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1   not exceed nine (9) months, except for employees of school boards, in which

2   case the period of time shall not exceed six (6) months;

3   (b) Emergency positions which are positions utilized by the employer during:

4   1. An emergency as determined by the employer for a period not

5          exceeding thirty (30) working days and are nonrenewable; or

6   2. A state of emergency declared by the President of the United States or

7          the Governor of the Commonwealth of Kentucky that are created or

8          filled specifically for addressing the employer's needs during and as a

9          result of the declared emergency;

10  (c) Temporary positions that are positions of employment with a participating

11  agency for a period of time not to exceed twelve (12) months and not

12  renewable;

13  (d) Probationary positions which are positions of employment with a participating

14  employer that do not exceed twelve (12) months and that are used uniformly

15  by the participating agency on new employees who would otherwise be

16  eligible for participation in the system. Probationary positions shall not be

17  renewable by the participating employer for the same employee, unless the

18  employee has not been employed with the participating employer for a period

19  of at least twelve (12) months; or

20  (e) Part-time positions that are positions that may be permanent in duration, but

21  that require less than a calendar or fiscal year average of one hundred (100)

22  hours of work per month, determined by using the number of months actually

23  worked within a calendar or fiscal year, in the performance of duty, except in

24  case of noncertified employees of school boards, the school term average shall

25  be eighty (80) hours of work per month, determined by using the number of

26  months actually worked in a calendar or school year, in the performance of

27  duty;

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1 (22) "Alternate participation plan" means a method of participation in the system as

2   provided for by KRS 78.530(3);

3 (23) "Retired member" means any former member receiving a retirement allowance or

4   any former member who has on file at the retirement office the necessary

5   documents for retirement benefits and is no longer contributing to the system;

6 (24) "Current rate of pay" means the member's actual hourly, daily, weekly, biweekly,

7   monthly, or yearly rate of pay converted to an annual rate as defined in final rate of

8   pay. The rate shall be certified by the employer;

9 (25) "Beneficiary" means the person, persons, estate, trust, special needs trust, or trustee

10  designated by the member in accordance with KRS 61.542 or 61.705 to receive any

11  available benefits in the event of the member's death. As used in KRS 78.5536,

12  beneficiary shall not mean an estate, trust, or trustee;

13 (26) "Recipient" means the retired member, the person or persons designated as

14  beneficiary by the member and drawing a retirement allowance as a result of the

15  member's death, or a dependent child drawing a retirement allowance. An alternate

16  payee of a qualified domestic relations order shall not be considered a recipient,

17  except for purposes of KRS 61.623;

18 (27) "Person" means a natural person;

19 (28) "School term or year" means the twelve (12) months from July 1 through the

20  following June 30;

21 (29) "Retirement office" means the Kentucky Public Pensions Authority office building

22  in Frankfort, unless otherwise designated by the Kentucky Public Pensions

23  Authority;

24 (30) "Vested" for purposes of determining eligibility for purchasing service credit under

25  KRS 61.552 means the employee has at least forty-eight (48) months of service if

26  age sixty-five (65) or older or at least sixty (60) months of service if under the age

27  of sixty-five (65). For purposes of this subsection, "service" means service in the

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1   systems administered by the Kentucky Retirement Systems and County Employees

2   Retirement System;

3 (31) "Participating" means an employee is currently earning service credit in the system

4   as provided in KRS 78.615;

5 (32) "Month" means a calendar month;

6 (33) "Membership date" means the date upon which the member began participating in

7   the system as provided in KRS 78.615;

8 (34) "Participant" means a member, as defined by subsection (8) of this section, or a

9   retired member, as defined by subsection (23) of this section;

10 (35) "Qualified domestic relations order" means any judgment, decree, or order,

11  including approval of a property settlement agreement, that:

12  (a) Is issued by a court or administrative agency; and

13  (b) Relates to the provision of child support, alimony payments, or marital

14  property rights to an alternate payee;

15 (36) "Alternate payee" means a spouse, former spouse, child, or other dependent of a

16  participant, who is designated to be paid retirement benefits in a qualified domestic

17  relations order;

18 (37) "Accumulated employer credit" means the employer pay credit deposited to the

19  member's account and interest credited on such amounts as provided by KRS

20  78.5512 and 78.5516;

21 (38) "Accumulated account balance" means:

22  (a) For members who began participating in the system prior to January 1, 2014,

23  the member's accumulated contributions; or

24  (b) For members who began participating in the system on or after January 1,

25  2014, in the hybrid cash balance plan as provided by KRS 78.5512 and

26  78.5516, the combined sum of the member's accumulated contributions and

27  the member's accumulated employer credit;

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1 (39) "Volunteer" means an individual who:

2   (a) Freely and without pressure or coercion performs hours of service for an

3   employer participating in one (1) of the systems administered by Kentucky

4   Retirement Systems or the County Employees Retirement System without

5   receipt of compensation for services rendered, except for reimbursement of

6   actual expenses, payment of a nominal fee to offset the costs of performing

7   the voluntary services, or both; and

8   (b) If a retired member, does not become an employee, leased employee, or

9   independent contractor of the employer for which he or she is performing

10  volunteer services for a period of at least twelve (12) months following the

11  retired member's most recent retirement date;

12 (40) "Nominal fee" means compensation earned for services as a volunteer that does not

13  exceed five hundred dollars ($500) per month with each participating employer.

14  Compensation earned for services as a volunteer from more than one (1)

15  participating employer during a month shall not be aggregated to determine whether

16  the compensation exceeds the five hundred dollars ($500) per month maximum

17  provided by this subsection;

18 (41) "Nonhazardous position" means a position that does not meet the requirements of

19  KRS 78.5520 or has not been approved by the board as a hazardous position;

20 (42) "Hazardous position" means a position that meets the requirements of KRS 78.5520

21  and has been approved by the board as hazardous;

22 (43) "Level-percentage-of-payroll amortization method" means a method of determining

23  the annual amortization payment on the unfunded actuarial accrued liability as

24  expressed as a percentage of payroll over a set period of years. Under this method,

25  the percentage of payroll shall be projected to remain constant for all years

26  remaining in the set period and the unfunded actuarially accrued liability shall be

27  projected to be fully amortized at the conclusion of the set period;

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1 (44) "Increment" means twelve (12) months of service credit which are purchased. The

2   twelve (12) months need not be consecutive. The final increment may be less than

3   twelve (12) months;

4 (45) "Last day of paid employment" means the last date employer and employee

5   contributions are required to be reported in accordance with KRS 16.543, 61.543, or

6   78.615 to the retirement office in order for the employee to receive current service

7   credit for the month. Last day of paid employment does not mean a date the

8   employee receives payment for accrued leave, whether by lump sum or otherwise,

9   if that date occurs twenty-four (24) or more months after previous contributions;

10 (46) "Objective medical evidence" means reports of examinations or treatments; medical

11  signs which are anatomical, physiological, or psychological abnormalities that can

12  be observed; psychiatric signs which are medically demonstrable phenomena

13  indicating specific abnormalities of behavior, affect, thought, memory, orientation,

14  or contact with reality; or laboratory findings which are anatomical, physiological,

15  or psychological phenomena that can be shown by medically acceptable laboratory

16  diagnostic techniques, including but not limited to chemical tests,

17  electrocardiograms, electroencephalograms, X-rays, and psychological tests;

18 (47) "Hazardous disability" as used in KRS 78.510 to 78.852 means a disability which

19  results in an employee's total incapacity to continue as an employee in a hazardous

20  position, but the employee is not necessarily deemed to be totally and permanently

21  disabled to engage in other occupations for remuneration or profit;

22 (48) "Act in line of duty" means, for employees in hazardous positions under KRS

23  78.5520:

24  (a) A single act occurring which was required in the performance of the principal

25  duties of the hazardous position as defined by the job description; or

26  (b) A single act of violence committed against the employee that is found to be

27  related to his or her job duties, whether or not it occurs at his or her job site;

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1 (49) "Dependent child" means a child in the womb and a natural or legally adopted child

2   of the member who has neither attained age eighteen (18) nor married or who is an

3   unmarried full-time student who has not attained age twenty-two (22). Solely in the

4   case of a member who dies as a direct result of an act in line of duty as defined in

5   this section, dies as a result of a duty-related injury as defined in KRS 61.621,

6   becomes totally and permanently disabled as a direct result of an act in the line of

7   duty as defined in this section, or becomes disabled as a result of a duty-related

8   injury as defined in KRS 61.621 and is eligible for the benefits provided by KRS

9   61.621(5)(a), "dependent child" also means a naturally or legally adopted disabled

10  child of the member, regardless of the child's age, if the child has been determined

11  to be eligible for federal Social Security disability benefits or is being claimed as a

12  qualifying child for tax purposes due to the child's total and permanent disability;

13 (50) "Normal retirement age" means the age at which the member meets the

14  requirements for his or her normal retirement date as provided by subsection (18) of

15  this section;

16 (51) "Disability retirement date" means the first day of the month following the last day

17  of paid employment;

18 (52) "Monthly average pay" means:

19  (a) In the case of a member who dies as a direct result of an act in line of duty as

20  defined in KRS 16.505 or who dies as a result of a duty-related injury as

21  defined in KRS 61.621, the higher of the member's monthly final rate of pay

22  or the average monthly creditable compensation earned by the deceased

23  member during his or her last twelve (12) months of employment; or

24  (b) In the case where a member becomes totally and permanently disabled as a

25  direct result of an act in line of duty as defined in KRS 16.505 or becomes

26  disabled as a result of a duty-related injury as defined in KRS 61.621 and is

27  eligible for the benefits provided by KRS 61.621(5)(a), the higher of the

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1   member's monthly final rate of pay or the average monthly creditable

2   compensation earned by the disabled member during his or her last twelve

3   (12) months of employment prior to the date the act in line of duty or duty-

4   related injury occurred;

5 (53) "Authority" means the Kentucky Public Pensions Authority as provided by KRS

6   61.505;

7 (54) "Executive director" means the executive director of the Kentucky Public Pensions

8   Authority;[ and]

9 (55) "Gainful employment" means work in any capacity that is or may be performed

10  with regularity and is or may be usually done for pay, whether pay is received or

11  not received, including seasonal, volunteer, part-time, and on-call work; and

12 (56) "Special needs trust" means a trust described in 42 U.S.C. sec. 1396p(d)(4)(A) or

13  (C) for the benefit of one (1) person. Any reference to a trust includes a special

14  needs trust, unless the context otherwise requires.

15  Section 8. KRS 78.5532 is amended to read as follows:

16 (1) If a member dies prior to the first day of the month in which the member would

17  have received his or her first retirement allowance, the member's beneficiary shall

18  be eligible for the benefits provided by this section if the member had on file a

19  written designation of a beneficiary with the retirement office as provided by KRS

20  61.542 and the member met the following conditions at the date of his or her death:

21  (a) 1. The member had service in a nonhazardous position and was eligible to

22           retire under KRS 78.5510(2) or (3) or 78.5512(6); or

23  2. The member had service in a hazardous position and was eligible to

24           retire under KRS 78.5514(2) or (3) or 78.5516(6);

25  (b) The member was in active employment or on authorized leave of absence

26  with five (5) or more years of service credit and died prior to his or her normal

27  retirement date or in the case of a nonhazardous member, was normal

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1   retirement age or older and had at least four (4) years of service credit; or

2   (c) The member was not in active employment or on authorized leave of absence

3   with twelve (12) or more years of service credit and died prior to his or her

4   normal retirement date.

5 (2) If the beneficiary eligible for benefits as provided in subsection (1) of this section is

6   a single person or a special needs trust, then the beneficiary may elect to receive:

7   (a) A monthly benefit payable for the life of the beneficiary or the life of the

8   beneficiary of the special needs trust that is equal to the benefit that would

9   have been paid had the member retired immediately prior to his or her date of

10  death and elected to receive benefits payable under the survivorship one

11  hundred percent (100%) option as provided in KRS 61.635(2);

12  (b) A monthly benefit payable for the life of the beneficiary or the life of the

13  beneficiary of the special needs trust under the beneficiary Social Security

14  adjustment option as provided in KRS 61.635(9) that is the actuarial

15  equivalent to the amount computed under paragraph (a) of this subsection;

16  (c) A monthly benefit payable for a period of sixty (60) months that is the

17  actuarial equivalent to the amount computed under paragraph (a) of this

18  subsection;

19  (d) A monthly benefit payable for a period of one hundred twenty (120) months

20  that is the actuarial equivalent to the amount computed under paragraph (a) of

21  this subsection;

22  (e) If the member began participating prior to January 1, 2014, a monthly benefit

23  payable for a period of one hundred twenty (120) months that is equivalent to

24  the benefit the member would have been entitled to receive based on his or

25  her years of service and final compensation at the date of his or her death

26  reduced by the survivorship fifty percent (50%) factor as provided for in KRS

27  61.635(4), then reduced by fifty percent (50%), and that is the actuarial

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1   equivalent to the amount computed under paragraph (a) of this subsection; or

2   (f) The higher of a refund of the member's accumulated account balance as

3   described in KRS 61.625(1) or one (1) time lump-sum payment which shall

4   be the actuarial equivalent of the amount payable under paragraph (a) of this

5   subsection for a period of sixty (60) months.

6 (3) If the beneficiary eligible for benefits as provided by subsection (1) of this section

7   is multiple beneficiaries or a trust, other than a special needs trust, then the

8   multiple beneficiaries by consensus or the trustee may elect to receive the actuarial

9   equivalent amounts payable under subsection (2)(c), (d), (e), or (f) of this section

10  using the assumption that the beneficiary's age is the same as the member's age.

11 (4) If the beneficiary eligible for benefits as provided in subsection (1) of this section is

12  the member's estate, then the beneficiary shall receive the higher of a refund of the

13  member's accumulated account balance as described in KRS 61.625(1) or the one

14  (1) time lump-sum payment payable under subsection (2)(f) of this section, using

15  the assumption that the beneficiary's age is the same as the member's age.

16 (5) Payments of taxable distributions made pursuant to this section shall be subject to

17  state and federal income tax as appropriate.

18 (6) (a) The beneficiary of a member with service in a nonhazardous position who

19  dies as a result of a duty-related injury may be eligible for benefits based upon

20  the definitions, criteria, and benefits specified by KRS 61.621.

21  (b) The beneficiary of a member with service in a hazardous position who dies as

22  a direct result of an act in line of duty may be eligible for benefits from the

23  system based upon the definitions, criteria, and benefits specified by KRS

24  78.5534.

25  Section 9. KRS 161.525 is amended to read as follows:

26 (1) Upon death of a member in active contributing status at the time of death, who was

27  eligible to retire by reason of service, the spouse, if named as the primary

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1   beneficiary of the member's retirement account, or in the absence of an eligible

2   spouse a legal dependent of the member, if named as the primary beneficiary, shall

3   be entitled to elect, in lieu of a refund of the member's accumulated account balance

4   or benefits provided in KRS 161.520, an annuity actuarially equivalent at the

5   attained age of the beneficiary to the annuity that would have been paid to the

6   deceased member had retirement been effective on the day immediately preceding

7   the member's death. Under the provisions of KRS 61.680, benefits shall be

8   processed as if the member retired for service. In exercising this right the spouse or

9   legal dependent shall be limited to selecting an option providing either a straight

10  life annuity with refundable balance or a term certain option. A spouse may receive

11  the annuity provided by this section at the same time as children are qualifying for

12  survivors' benefits under the provisions of KRS 161.520; however, a legal

13  dependent, other than a spouse, may not receive these payments if children have

14  qualified for benefits under that section.

15 (2) A spouse qualifying for an annuity under subsection (1) of this section may defer

16  the payments in order to reduce the actuarial discounts to be applied due to age.

17 (3) Upon death of a member in active contributing status at the time of his or her death,

18  who had a minimum of twenty-seven (27) years of service, the spouse, if named as

19  the primary beneficiary of the member's account shall be entitled to a monthly

20  minimum allowance of three hundred dollars ($300) as the basic straight life

21  annuity. This provision applies to surviving spouses of members who were

22  receiving benefit payments under KRS 161.520 as of June 30, 1986, and to

23  surviving spouses of members who die on or after July 1, 1986.

24 (4) If the surviving spouse or legal dependent eligible for a benefit under subsection

25  (1) of this section is the sole beneficiary of a special needs trust, the annuity

26  payments made under subsection (1) of this section shall be made payable to the

27  special needs trust.

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1   Section 10. KRS 161.640 is amended to read as follows:

2 (1) Retirement annuities shall be payable monthly. The first payment to an annuitant

3   shall be made at the payment date at the end of one (1) full payment period after his

4   retirement and shall consist of one (1) regular monthly payment. Retirement for a

5   member receiving one (1) full year of service credit during a fiscal year shall be no

6   earlier than July 1 next following the end of such fiscal year. Notwithstanding any

7   other statutory provisions to the contrary, members filling positions that

8   customarily require twelve (12) months of service during a fiscal year cannot retire

9   prior to July 1 without a corresponding pro rata reduction in salary and service

10  credit. The board of trustees may determine which positions customarily require

11  twelve (12) months of service during a fiscal year.

12 (2) The board of trustees may enter into agreements with retired members for payroll

13  deductions when it is deemed in the best interest of the retired members and the

14  retirement system.

15 (3) (a) All new retirees, on or after July 1, 1998, shall receive their monthly annuity

16  checks by electronic fund transfer. All retiree, beneficiary, and survivor

17  monthly allowance payments, except as otherwise provided in paragraph (b)

18  or (c) of this subsection, shall be made by electronic fund transfer. Except as

19  provided in paragraph (b) or (c) of this subsection, all monthly payments shall

20  be made payable only to an account solely in the name of the retiree,

21  beneficiary, or survivor as an individual and natural person, or to a joint

22  account in the name of the retiree, beneficiary, or survivor as an individual

23  and natural person and another individual and natural person.

24  (b) If the retiree, beneficiary, or survivor is a resident of a nursing or assisted-care

25  home, monthly payments may be made to the order of the nursing or assisted-

26  care home for the benefit of the retiree, beneficiary, or survivor by including

27  the retiree's, beneficiary's, or survivor's name. Monthly annuity checks so paid

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1   to a nursing or assisted-care home may be sent by mail rather than electronic

2   fund transfer.

3   (c) If the retiree, beneficiary, or survivor is the sole beneficiary of a special

4   needs trust:

5   1. Monthly payments shall be made to the order of the special needs

6   trust, and checks may be sent by mail to the special needs trust for the

7   benefit of the retiree, beneficiary, or survivor;

8   2. Upon the death of the retiree, beneficiary, or survivor of a special

9   needs trust, the trustee of that trust shall notify the Teachers'

10  Retirement System;

11  3. Any payments made to a special needs trust that are not properly

12  payable to the special needs trust shall be returned to the Teachers'

13  Retirement System and shall not be subject to claims for

14  reimbursement from any state for Medicaid benefits paid on behalf of

15  the beneficiary under any Medicaid payback provision, and any

16  overpayments of retirement allowance received by the special needs

17  trust shall be repaid to the Teachers' Retirement System; and

18  4. The Teachers' Retirement System may promulgate administrative

19  regulations in accordance with KRS Chapter 13A to administer this

20  paragraph.

21  Section 11. KRS 161.700 is amended to read as follows:

22 (1) Except as otherwise provided by this section and KRS 161.655(5), the right of a

23  member to a retirement allowance and to the return of contributions, any benefit or

24  right accrued or accruing to any person under KRS 161.220 to 161.716, and the

25  money in the various funds established pursuant to KRS 161.220 to 161.716 are

26  hereby exempt from any state or municipal tax, and shall not be subject to

27  execution, garnishment, attachment, or other process, and shall not be assigned.

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1 (2) Notwithstanding the provisions of subsection (1) of this section, retirement

2   allowances and other benefits accrued or accruing under KRS 161.220 to 161.716

3   to a person who is the beneficiary of a special needs trust may be assigned to the

4   trustee of that special needs trust. Any retirement allowances or other benefits

5   assigned to a special needs trust under this subsection, or accrued or accruing

6   under KRS 161.220 to 161.716 to a person who is the beneficiary of a special

7   needs trust, shall cease upon the death of the beneficiary of the special needs

8   trust and shall not be subject to state reimbursement for Medicaid benefits paid

9   on behalf of the beneficiary under a Medicaid payback provision.

10 (3)[(2)] Notwithstanding subsection (1) of this section, retirement benefits accrued or

11  accruing to any person under this retirement system on or after January 1, 1998,

12  shall be subject to the tax imposed by KRS 141.020, to the extent provided in KRS

13  141.010 and 141.0215.

14 (4)[(3)] Retirement allowance, disability allowance, accumulated account balance, or

15  any other benefit under the retirement system shall not be classified as marital

16  property pursuant to KRS 403.190(1), except to the extent permitted under KRS

17  403.190(4). Retirement allowance, disability allowance, accumulated contributions,

18  or any other benefit under the retirement system shall not be considered as an

19  economic circumstance during the division of marital property in an action for

20  dissolution of marriage pursuant to KRS 403.190(1)(d), except to the extent

21  permitted under KRS 403.190(4).

22 (5)[(4)] Qualified domestic relations orders issued by a court or administrative agency

23  shall be honored by the retirement system if:

24  (a) The benefits payable pursuant to the order meet the requirements of a

25  qualified domestic relations order as provided by 26 U.S.C. sec. 414(p). The

26  retirement system shall follow applicable provisions of 26 U.S.C. sec. 414(p)

27  in administering qualified domestic relations orders;

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1   (b) The order meets the requirements established by the retirement system and by

2   subsections (5)[(4)] to (13)[(12)] of this section. The board of trustees of the

3   retirement system shall establish the requirements, procedures, and forms

4   necessary for the administration of qualified domestic relations order by

5   promulgation of administrative regulations in accordance with KRS Chapter

6   13A; and

7   (c) The order is on the form established by the retirement system pursuant to the

8   retirement system's authority provided under paragraph (b) of this subsection.

9 (6)[(5)] A qualified domestic relations order shall not:

10  (a) Require the retirement system to take any action not authorized under state or

11  federal law;

12  (b) Require the retirement system to provide any benefit, allowance, or other

13  payment not authorized under state or federal law;

14  (c) Grant or be construed to grant the alternate payee any separate right, title, or

15  interest in or to any retirement benefit other than to receive payments from the

16  participant's account in accordance with the administrative regulations

17  promulgated by the system and as provided by subsections (5)[(4)] to

18  (13)[(12)] of this section; or

19  (d) Grant any separate interest to any person other than the participant.

20 (7)[(6)] Any qualified domestic relations order submitted to the retirement system

21  shall specify the dollar amount or percentage amount of the participant's benefit to

22  be paid to the alternate payee. In calculating the amount to be paid to the alternate

23  payee, the court or administrative agency that is responsible for issuing the order

24  shall follow the requirements set forth in the administrative regulations promulgated

25  by the board of trustees. Notwithstanding any other statute to the contrary, the

26  board shall not be required to honor a qualified domestic relations order that does

27  not follow the requirements set forth in the administrative regulations promulgated

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    UNOFFICIAL COPY                                                       26 RS SB 85/GA

1   by the board of trustees.

2 (8)[(7)] If the qualified domestic relations order meets the requirements established by

3   the system and by subsections (5)[(4)] to (13)[(12)] of this section, payments to the

4   alternate payee shall be distributed under the following conditions:

5   (a) If the participant is retired and is receiving a monthly retirement allowance,

6   the month following the date the retirement system receives a qualified

7   domestic relations order that complies with the administrative regulations

8   promulgated by the retirement system and subsections (5)[(4)] to (13)[(12)] of

9   this section; or

10  (b) If the participant is not retired, the month of the participant's effective

11  retirement date in which the first retirement allowance is payable to the

12  participant or the month in which the participant receives a refund of his or

13  her accumulated account balance as provided by KRS 161.470(6).

14 (9)[(8)] An alternate payee's benefits and rights under a qualified domestic relations

15  order shall terminate upon the earlier of:

16  (a) The death of the participant;

17  (b) The death of the alternate payee; or

18  (c) The termination of benefits to the participant under any provision of KRS

19  161.220 to 161.716.

20 (10)[(9)] An alternate payee shall not receive a monthly payment under a qualified

21  domestic relations order if the participant is not receiving a monthly retirement

22  allowance.

23 (11)[(10)] The cost of living adjustment provided to the participant pursuant to KRS

24  161.620 shall be divided between the participant and alternate payee in a qualified

25  domestic relations order as follows:

26  (a) If the order specifies the alternate payee is to receive a percentage of the

27  participant's benefit, then the cost of living adjustment shall be divided

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    UNOFFICIAL COPY                                                   26 RS SB 85/GA

1   between the participant and the alternate payee based upon the percentage of

2   the total benefit each is receiving upon the participant's retirement or upon the

3   date the order is approved by the retirement system, whichever is later; or

4   (b) If the order specifies that the alternate payee is to receive a set dollar amount

5   of the participant's benefit, then the order shall specify that:

6   1. The cost of living adjustment shall be divided between the participant

7   and the alternate payee based upon the percentage of the total benefit

8   each is receiving upon the participant's retirement or upon the date the

9   order is approved by the retirement system, whichever is later; or

10  2. The alternate payee shall receive no cost of living adjustment.

11  If the order does not specify the division of the cost of living adjustment as

12  required by this paragraph, then no cost of living adjustment shall be payable

13  to the alternate payee. If no cost of living adjustment is provided to the

14  alternate payee, then the participant shall receive the full cost of living

15  adjustment he or she would have received if the order had not been applied to

16  the participant's account.

17 (12)[(11)] Except in cases involving child support payments, the retirement system may

18  charge reasonable and necessary fees and expenses to the recipient and the alternate

19  payee of a qualified domestic relations order for the administration of the qualified

20  domestic relations order by retirement system. All fees and expenses shall be

21  established by the administrative regulations promulgated by the board of trustees

22  of the retirement system. The qualified domestic relations order shall specify

23  whether the fees and expenses provided by this subsection shall be paid:

24  (a) Solely by the participant;

25  (b) Solely by the alternate payee; or

26  (c) Equally shared by the participant and alternate payee.

27 (13)[(12)] The retirement system shall honor a qualified domestic relations order issued

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    UNOFFICIAL COPY                                              26 RS SB 85/GA

1   prior to July 15, 2010, for prospective benefit payments if the order or an amended

2   version of the order meets the requirements established by this section and the

3   administrative regulations promulgated by the retirement system. The order shall

4   not apply to benefit payments issued by the retirement system prior to the date the

5   order was approved by the retirement system.

6   Section 12. KRS 21.420 is amended to read as follows:

7 (1) After the death of a member who began participating in the Judicial Retirement

8   Plan prior to January 1, 2014, who at the time of his or her death was receiving a

9   service retirement allowance (other than an actuarially reduced allowance under

10  subsection (3) of KRS 21.400), or was receiving a disability retirement allowance,

11  his or her surviving spouse is entitled to receive during his or her lifetime a

12  monthly allowance equal to one-half (1/2) of that he or she was receiving.

13 (2) (a) If a member who began participating in the Judicial Retirement Plan prior to

14  January 1, 2014, dies before retirement and before reaching normal retirement

15  age, without regard to length of service, his or her surviving spouse is entitled

16  to receive during his or her lifetime a monthly allowance equal to one-half

17  (1/2) of the monthly allowance the member would have received commencing

18  at his or her normal retirement date if he or she had continued in service until

19  that date and had then retired, computed however on the basis of his or her

20  final compensation at time of death.

21  (b) If a member who began participating in the Judicial Retirement Plan prior to

22  January 1, 2014, dies before retirement and after reaching normal retirement

23  age, his or her surviving spouse is entitled to receive during his or her

24  lifetime a monthly allowance equal to one-half (1/2) of the monthly allowance

25  the member would have been entitled to, on the basis of his or her years of

26  service, had he or she retired on the date of his death.

27 (3) If a member who began participating in the Judicial Retirement Plan prior to

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    UNOFFICIAL COPY                                                     26 RS SB 85/GA

1   January 1, 2014, dies after retirement and was at the time of his or her death

2   receiving an actuarially reduced allowance under subsection (3) of KRS 21.400, or

3   was not at the time of his or her death receiving a retirement allowance but had

4   acquired the vested right under subsection (2) of KRS 21.400 to have received an

5   allowance upon reaching normal retirement age, his or her surviving spouse is

6   entitled to receive during his or her lifetime a monthly allowance equal to one-half

7   (1/2) of the monthly allowance the member would have received when he or she

8   reached normal retirement age.

9 (4) A member, or a retiree who began participating in the plan prior to January 1, 2014,

10  who has not commenced drawing retirement benefits pursuant to KRS 21.400, and

11  who dies without a spouse or eligible children entitled to survivor's benefits, may

12  designate a beneficiary who shall receive the accumulated contributions of the

13  member. A member, or a retiree who began participating in the plan on or after

14  January 1, 2014, who has not commenced drawing retirement benefits pursuant to

15  KRS 21.402, who dies without a spouse or eligible children entitled to survivor's

16  benefits, may designate a beneficiary who shall receive the accumulated account

17  balance of the member. A trust, including a special needs trust, may be designated

18  as a beneficiary. Absent a designation by the member or retiree, the accumulated

19  contributions or accumulated account balance, as applicable based upon the

20  member's participation date, shall be paid to the member's estate.

21 (5) A member who began participating in the plan prior to January 1, 2014, who

22  commences drawing retirement benefits pursuant to KRS 21.400 or 21.410, and

23  who dies without a spouse or eligible children entitled to survivor's benefits and

24  before the benefits received by the member equal the accumulated contributions of

25  the member, may designate a beneficiary who shall receive the balance of the

26  accumulated contributions of the member. A member who began participating in

27  the plan on or after January 1, 2014, who commences drawing retirement benefits

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    UNOFFICIAL COPY                                              26 RS SB 85/GA

1   pursuant to KRS 21.402 or 21.410, and who dies without a spouse or eligible

2   children entitled to survivor's benefits and before the benefits received by the

3   member equal the accumulated account balance of the member, may designate a

4   beneficiary who shall receive the balance of the accumulated account balance of the

5   member. A trust, including a special needs trust, may be designated as a

6   beneficiary. Any benefits received shall be deducted from the accumulated

7   contributions or accumulated account balance. Absent a designation by the member,

8   the balance of the accumulated contributions or accumulated account balance, as

9   applicable based upon the member's participation date, shall be paid to the

10  member's estate.

11 (6) A member who begins participating in the Judicial Retirement Plan prior to January

12  1, 2014, may designate a beneficiary who shall receive the balance of the

13  accumulated contributions of the member, in the event survivor's benefits are being

14  paid pursuant to subsection (1), (2), or (3) of this section, and the survivor dies prior

15  to receiving benefits equal to the member's contributions. In this event, the

16  provisions of subsection (5) of this section shall apply as to offset and payment.

17 (7) A member who begins participating in the Judicial Retirement Plan prior to January

18  1, 2014, may, prior to the drawing of benefits, elect in writing to the executive

19  secretary of the Judicial Form Retirement System, to take an optional retirement

20  allowance which shall be actuarially equivalent to the amount of retirement

21  allowance otherwise payable to the member and the member's spouse. If the

22  member dies after retirement, the option chosen shall prevail over the provisions of

23  subsections (1) and (3) of this section. If the member dies prior to retirement, the

24  option chosen shall prevail over the provisions of subsection (2) of this section. The

25  options shall include:

26  (a) Survivorship one hundred percent (100%). The member may elect to receive a

27  decreased retirement allowance during the member's lifetime and have the

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    UNOFFICIAL COPY                                              26 RS SB 85/GA

1   retirement allowance continued after death to the spouse during the lifetime of

2   the spouse.

3   (b) Survivorship sixty-six and two-thirds percent (66 2/3%). The member may

4   elect to receive a decreased retirement allowance during the member's lifetime

5   and have two-thirds (2/3) of the retirement allowance continue after death to

6   the spouse during the lifetime of the spouse.

7   If a retiree, living or deceased, chose either of the optional retirement benefit

8   allowances specified in paragraphs (a) or (b) of this subsection from July 15, 1994,

9   to July 15, 1998, the optional allowance shall be adjusted accordingly, and the new

10  benefit shall commence August 1, 1998. Each recipient of benefits from the plan,

11  who retired from July 15, 1994, to July 15, 1998, shall have a one-time opportunity

12  to select an optional retirement allowance. The election by the recipient shall be

13  prior to August 1, 1998, at which time the new benefit shall commence. The option

14  chosen shall prevail, subsections (1), (2), and (3) of this section notwithstanding.

15 (8) For a member who begins participating in the Judicial Retirement Plan on or after

16  January 1, 2014:

17  (a) If the member dies prior to drawing a retirement allowance, then the surviving

18  spouse may elect to:

19  1. Take a refund of the member's accumulated account balance or

20  accumulated contributions as provided by KRS 21.402; or

21  2. If the member had at least five (5) years of service in the plan at the time

22  of his or her death, have the member's accumulated account balance

23  annuitized into a monthly benefit payable for life that is equal to the

24  benefit that would have been paid had the member retired immediately

25  prior to his or her date of death and elected to receive benefits payable

26  under the survivorship one hundred percent (100%) option as provided

27  by paragraph (b)1. of this subsection.

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    UNOFFICIAL COPY                                              26 RS SB 85/GA

1   In lieu of the benefits provided by this paragraph to the surviving spouse, the

2   member may elect to have the benefits payable under this paragraph paid to

3   an individual dependent child by completing the forms provided prescribed by

4   the Judicial Form Retirement System. If no surviving spouse or dependent

5   children are eligible to receive benefits, then the provisions of subsection (4)

6   of this section shall apply to the member.

7   (b) If a member dies on or after the date the member begins drawing a retirement

8   allowance, the benefits payable to the surviving spouse shall be based upon

9   whether or not the member elects prior to retirement to receive an optional

10  retirement allowance. The election shall be in writing on the forms prescribed

11  by the Judicial Form Retirement System and shall be actuarially equivalent to

12  the amount of retirement allowance otherwise payable to the member. The

13  optional retirement allowances shall include:

14  1. Survivorship one hundred percent (100%). The member may elect to

15  receive a decreased retirement allowance during the member's lifetime

16  and have the retirement allowance continued after death to the spouse

17  during the lifetime of the spouse;

18  2. Survivorship sixty-six and two-thirds percent (66-2/3%). The member

19  may elect to receive a decreased retirement allowance during the

20  member's lifetime and have two-thirds (2/3) of the retirement allowance

21  continue after death to the spouse during the lifetime of the spouse; or

22  3. Survivorship fifty percent (50%). The member may elect to receive a

23  decreased retirement allowance during the member's lifetime and have

24  one-half (1/2) of the retirement allowance continue after death to the

25  spouse during the lifetime of the spouse.

26  In lieu of the benefits provided by this paragraph to the surviving spouse, the

27  member may elect prior to retirement to have the benefits payable under this

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    UNOFFICIAL COPY                                              26 RS SB 85/GA

1   paragraph paid to an individual dependent child or to a special needs trust by

2   completing the forms provided by the Judicial Form Retirement System. If no

3   surviving spouse or dependent children are eligible to receive benefits, then

4   the provisions of subsection (5) of this section shall apply to the member.

5   (c) For purposes of this section a "dependent child" shall mean a child who is less

6   than twenty-one (21) years of age or a disabled child who is eligible for Social

7   Security disability benefits.

8 (9) (a) As used in this section, "special needs trust" means a trust described in 42

9   U.S.C. sec. 1396p(d)(4)(A) or (C).

10  (b) In any circumstances in which a surviving spouse would be entitled to any

11  allowance under this section, the monthly allowance that the surviving

12  spouse was receiving or is entitled to receive may be paid to a special needs

13  trust for the benefit of the surviving spouse.

14  Section 13. KRS 21.425 is amended to read as follows:

15 (1) In any circumstances in which a surviving spouse would be entitled to any

16  allowance under KRS 21.420, but there is no surviving spouse or the surviving

17  spouse subsequently dies, and there is a surviving child or children of the member

18  under the age of twenty-one (21), or there is a disabled child or children, the

19  monthly allowance that the surviving spouse would have received or was receiving

20  shall be continued, as follows:

21  (a) If the member does not have a disabled child or children, the benefit shall

22  continue until there are no children remaining under the age of twenty-one

23  (21); or

24  (b) If the member has a disabled child or children, the benefit shall continue until

25  the death of the last remaining disabled child.

26 (2) A member may designate his or her child or children under the age of twenty-one

27  (21), or his or her disabled child or children, or a special needs trust as defined by

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    UNOFFICIAL COPY                                              26 RS SB 85/GA

1   subsection (9) of Section 12 of this Act for the benefit of the disabled child, to

2   receive the death benefit payable under KRS 21.420 instead of his or her spouse, or

3   he or she may designate that his or her spouse shall receive a percentage of the

4   death benefit, and his or her child or children under the age of twenty-one (21), or

5   his or her disabled child or children, or a special needs trust as defined by

6   subsection (9) of Section 12 of this Act for the benefit of a disabled child, shall

7   receive the remainder. The member making such a choice shall designate his or her

8   beneficiary or beneficiaries in writing to the manager of the Judicial Form

9   Retirement System on a form provided by the manager.

10 (3) For purposes of this section, "disabled" means an individual determined by the

11  Social Security Administration to be entitled to total disability benefits.

12 (4) Subsections (1) to (3) of this section shall not apply to a member who begins

13  participating in the Judicial Retirement Plan on or after January 1, 2014.

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